Why should utilities be allocated spectrum without an auction or fees?
Pursuant to Section 309(j)(2) of the Communications Act, utilities are within the definition of “public safety radio services,” services provided by entities that “are used to protect the safety of life, health, or property; and . . . are not made commercially available to the public.” Entities providing public safety radio services are entitled to spectrum allocations without having to participate in an FCC auction. However, the FCC has chosen to ignore this exemption and has denied critical infrastructure spectrum within its jurisdiction. Utilities must have, and are entitled to, a remedy to this practice in order to meet national energy policy goals.
