Court upholds FCC order granting FirstNet access to 4.9 GHz spectrum

The ruling provides administrative certainty for the expansion of FirstNet’s footprint, allowing AT&T to potentially integrate more mid-band capacity into the nationwide public-safety broadband network. For the broader ecosystem, this validates the FCC’s use of a 'Band Manager' framework to facilitate sharing between federal and non-federal entities, a model that could be replicated to unlock other underutilized frequencies. However, the court’s refusal to rule on the NTIA’s specific oversight role creates a lingering regulatory loophole. Watch for the FCC’s upcoming selection criteria for the Band Manager, which will dictate how strictly incumbent local government licenses are protected during FirstNet’s integration of the 50 MHz block.

The D.C. Circuit’s decision comes as the FirstNet Authority faces a critical statutory sunset in February 2027. While federal lawmakers have signaled bipartisan support for renewal, the legislative path remains congested. Per Urgent Communications (April 2026), the U.S. House of Representatives passed H.R. 7386, the First Responder Network Authority Reauthorization Act, which would extend the program through 2037. This bill, currently awaiting Senate action, includes provisions that would increase NTIA oversight of FirstNet’s budget and strategic priorities, potentially complicating the very spectrum-sharing arrangements the court just upheld.

Controversy surrounding the 4.9 GHz band has historically pitted major carriers against one another. Per Broadband Breakfast (September 2025), opponents led by the Coalition for Emergency Response and Critical Infrastructure (CERCI)—which includes T-Mobile, Verizon, and the Edison Electric Institute—have characterized the FCC’s order as a 'multibillion-dollar windfall' for AT&T. These critics argue that allowing FirstNet to use the band effectively grants AT&T additional commercial capacity under the guise of public safety. Meanwhile, the FCC (November 2024) defended the 'overlay' license model as necessary to fix chronic underutilization; at the time, only 3.5% of potential licensees were using the band.

The final implementation of the order will now depend on the FCC’s Public Safety and Homeland Security Bureau. According to the FCC Eighth Report and Order (October 2024), the selected Band Manager will be tasked with protecting thousands of incumbent licensees, including the San Francisco Bay Area Rapid Transit (BART) district, while facilitating FirstNet's 5G modernization. This coordination remains technically complex, and the court noted that if the FCC attempts to authorize FirstNet use without explicit NTIA approval in the future, the legal window for new challenges will reopen.