What Happened?

When disaster strikes, the radio channels your local firefighters and paramedics rely on are now caught in a fight most people have never heard of. The Congressional Research Service (CRS), the nonpartisan research arm of Congress, laid out four paths Congress could take on the 4.9 GHz public safety spectrum band, a slice of the radio dial set aside for first responders since 2002. ​

By 2018, only 3,174 of roughly 90,000 eligible public safety agencies were actually using the band, and the Federal Communications Commission (FCC) found that scattered, uncoordinated use drove up equipment costs and limited choices for agencies.

In October 2024, the Federal Communications Commission (FCC) adopted rules letting a Band Manager seek a nationwide license and enter an agreement with the First Responder Network Authority (FirstNet Authority). Six organizations challenged those rules, and on July 21, 2026, the U.S. Court of Appeals for the D.C. Circuit found that one group lacked standing and denied a second group's petitions on the merits.

Why Does it Matter to Me?

The outcome of this debate shapes how well first responders can communicate during the emergencies that affect your community.

The CRS report identifies four options Congress could pursue:

  • Codify the FCC's 2024 rules as they stand
  • Override those rules and return control to local agencies
  • Modify the rules to allow sharing for uses such as drones or critical infrastructure
  • Auction the unassigned spectrum to commercial bidders

CRS notes that auctions take time, which could leave the spectrum sitting unused in the interim.

Both Sides, Now

AT&T and Ericsson support a petition from APCO asking the FCC to change its rules to allow 5G use in the band.

Opponents, including state and local public safety agencies, argue local control matters when emergencies strike. New York City Transit uses 4.9 GHz channels for emergency call boxes in underground subway sections, and San Bernardino County relies on the band for daily public-safety operations and disaster recovery, according to a National Academies report on band usage history.

Verizon has called for a full auction, estimating 50 megahertz of spectrum could be worth $14 billion, and argued that assigning it without an auction would hand AT&T a windfall.

Congress's role centers on the First Responder Network Authority Reauthorization Act of 2026, which passed the House and was referred to a Senate committee. CRS describes Congress addressing 4.9 GHz policy through that reauthorization as a possibility, not a committed plan.

What Happens Next?

The reauthorization bill sits in a Senate committee, and the FirstNet Authority's authorization expires Feb. 22 of next year, adding urgency to the timeline. The FCC sought public comment on a February 2025 petition to enable 5G use in the band, but the CRS report does not indicate whether the agency has acted on it. With the court challenge resolved, the FCC's 2024 rules remain in place unless Congress or the FCC acts before the FirstNet Authority's authorization lapses.

Will Congress use the reauthorization deadline to settle who controls the airwaves first responders depend on, or leave the question unresolved?

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