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CERCI Counters Latest PSSA Arguments on 4.9 GHz Band

The Coalition for Emergency Response and Critical Infrastructure (CERCI) refuted the Public Safety Spectrum Alliance’s (PSSA) latest arguments for effectively giving control of the 4.9 GHz band to the FirstNet Authority (see [Ref:2405240048). PSSA said CERCI’s approach is “wrong from…

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top to bottom.” The alliance’s latest argument “purports to ‘provide clarity regarding the Commission’s legal authority’ to adopt PSSA’s proposal, but it does no such thing,” CERCI said in a filing posted Friday in docket 07-100: “Rather than engage meaningfully with the legal issues CERCI has raised, PSSA primarily responds with policy arguments.” The FCC lacks authority, “absent express statutory authorization, to assign spectrum to a Federal entity,” including the authority, which is part of NTIA, CERCI said. The Middle Class Tax Relief and Job Creation Act of 2012, which led to the creation of FirstNet, gave the federal network access to only 700 MHz spectrum, CERCI said.