Carr Splits With Simington as FCC OKs 4.9 GHz Stay

The FCC agreed 3-1 Thursday to stay the 4.9 GHz order, approved 3-2 last year and as some expected (see 2105140051). Commissioner Brendan Carr dissented, while Nathan Simington voted yes. “The Commission’s decision to stay our 4.9 GHz band order will return this spectrum to the broken framework of the past,” Carr said: “This is the spectrum equivalent of taking points off the board. While I am dissenting from today’s decision, I remain hopeful that we can find a way to quickly put a beneficial framework back in place.” Acting Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks dissented to the original order, which gave states control over how the band is used (see 2009300050). Simington wasn't a member then. No other commissioner had a statement now. The order noted petitions for reconsideration by APCO, the Public Safety Spectrum Alliance and National Public Safety Telecommunications Council. “In light of the serious questions posed …, the possibility of irreparable harm to current and future public safety users of the 4.9 GHz band and to our goal of facilitating greater use of this spectrum, the extent to which a stay will further the public interest, and the fact that no parties will be injured if a stay is granted, a stay is appropriate to permit the Commission to address the issues raised,” the order said. “Allowing use of the band to become fragmented on a state-by-state basis could create incentives for individual states to make use of the spectrum for revenue generation in ways that do not serve the interests of public safety, decreasing the likelihood of interoperable communications for public-safety users.” The commission’s action "comes as a relief,” said APCO Executive Director Derek Poarch, who thanked commissioners for “listening to public safety and taking this important step to chart a better course for the spectrum.”