Supporters of 4.9 GHz Stay Counter PSSA Opposition
The Government Wireless Technology & Communications Association (GWTCA) and state departments of transportation in Utah and Washington defended their motion for a partial stay of an FCC requirement that current 4.9 GHz licensees provide the agency with granular licensing data not later than June 9 or face cancelation of their licenses (see 2412230048). They responded to the Public Safety Spectrum Alliance, which opposed the request (see 2412310023). PSSA, which supports giving the FirstNet Authority effective control of the band, said proponents of a stay didn’t meet FCC requirements for granting one.
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GWTCA and the state groups questioned PSSA’s standing to file an opposition. “Specifically, the PSSA does not state that any of its members are 4.9 GHz geographic licensees” and “has not identified how such geographic licensees are harmed by the issuance of the very limited Stay requested by the Movants,” said the filing posted Friday in docket 07-100. The three said there is a good chance the U.S. Court of Appeals for the D.C. Circuit will uphold a challenge (see 2412040043) of the FCC’s most recent decision, given the U.S. Supreme Court’s holding in Loper Bright Enterprises v. Raimondo, which limits the discretion courts give agency decisions: “The Commission went from a 2003 decision where it did not see ‘… any benefit to requiring state governments to oversee the operations of all potential users in the band,’ to a 2020 decision to have state governments perform that exact oversight, to a 2024 decision to have a third party perform the tasks previously performed by the Commission.”