The New York Metropolitan Transit Authority (NYMTA), let’s just agree, has some rather critical responsibilities serving the daily subway transportation needs of the millions of citizens of New York City and adjacent areas, plus visitors to the city. They have invested billions of dollars during a multi-year project to deploy new technologies in the 4.9 GHz band, and they need to expand their wireless capabilities within their existing geographic footprint. They expect the subway system to require 2,381 fixed wayside stations. But the band is presently frozen, and in response to FCC recommendations under such circumstances, licensees are encouraged to file waivers to accommodate unique requirements. There are numerous instances where the Commission has in the past permitted incumbents to modify their systems as long as they stay within their current operating footprint. This isn’t a new FCC policy.

EWA will file comments in support of NYMTA’s waiver request because it supports common sense spectrum policy. NYMTA is not an EWA member by the way. But for the life of me, I do not understand why no public safety organization has yet to support the NYMTA’s request. And because a little comic relief is always welcome, we give you the Public Safety Spectrum Alliance (PSSA), which filed in opposition stating that no action should be taken now, and that disposition of the waiver should be left to the future 4.9 GHz Band Manager. (Given the steps that need to be taken before the Band Manager is confirmed, the NYMTA might have an answer in time for the 2027 20th anniversary of this proceeding - or might not.) Under what fantasy are the PSSA’s views in this matter considered relevant? If the PSSA truly gave a hoot about public safety, they would support the NYMTA. The Commission has the exclusive authority to act on waiver requests, not the 4.9 GHz Band Manager who may be motivated to limit the use of the 4.9 GHz band by incumbents in order to accommodate the anticipated FirstNet/AT&T collaboration. The NYMTA filed their waiver this past January, and they deserve a timelier decision than that recommended by the PSSA and, by their silence, the leading public safety associations.