Wiley Helps Persuade D.C. Circuit to Affirm FCC Order Expanding FirstNet Access to 4.9 GHz Spectrum

July 22, 2026

On July 21, 2026, the United States Court of Appeals for the D.C. Circuit affirmed a Federal Communications Commission (FCC) Order that allows the First Responder Network Authority, known as FirstNet, to make use of historically underutilized public safety spectrum in the 4.9 GHz band.

Wiley represented the National Fraternal Order of Police, which intervened in support of affirming the Order. Wiley’s brief urged the court to uphold the FCC’s authority to modernize the 4.9 GHz band and to facilitate expanded access to spectrum for FirstNet’s nationwide public safety broadband network. At oral argument, Telecom, Media & Technology partner, Joshua S. Turner, argued in support of the FCC. 

The decision is an important victory for public safety communications and for efforts to put the 4.9 GHz band to more intensive, nationwide use. The court upheld an FCC framework that will allow a Band Manager to enter into a spectrum sharing agreement with FirstNet, “a federal entity with demonstrated expertise in building up a public-safety communications network.” In doing so, the court found that the FCC reasonably weighed incumbent licensee interests against the public safety benefits and rejected a variety of claims that the Order exceeded the FCC’s authority and was arbitrary and capricious.

The Wiley team supporting the National Fraternal Order of Police in the 4.9 GHz appeal also included Sara M. Baxenberg, Boyd Garriott, Kelly Laughlin, and Henry Gola, whose work contributed to the successful defense of the FCC’s order.