Wi-Fi Advocates Disappointed Unlicensed Was Not Part of 5.9 GHz Order
An order the FCC released late Thursday about 5.9 GHz rules largely omitted use of the band for Wi-Fi, despite pleas of unlicensed advocates (see 2407220015). The long-awaited order focuses instead almost exclusively on final rules for cellular-vehicle-to-everything technology in the band (see 2411210054).
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The FCC rewrote rules for the band in 2020, allocating 45 MHz for Wi-Fi and 30 MHz for C-V2X technology (see 2011180043). At the time, some Wi-Fi advocates thought the 5.9 GHz band could see use ahead of 6 GHz, also reallocated for unlicensed use. Former FCC Chairman Julius Genachowski proposed using the 5.9 GHz spectrum for Wi-Fi at CES in 2013 (see 1301160047). The FCC sought comment on the unlicensed rules in a 2020 Further NPRM.
There’s a reference to the 45 GHz segment but little else in the order addressing unlicensed use, said Richard Bernhardt, Wireless ISP Association vice president-spectrum and industry. “I don’t understand why there’s a delay,” Bernhardt said, adding he hopes the next FCC, under Commissioner Brendan Carr, will address the issue quickly.
Hundreds of WISPs have operated in the band under special temporary authority from the FCC since they were allowed to do so during the COVID-19 pandemic, Bernhardt told us. The FCC keeps renewing these STAs because there’s no opposition and WISPs still need to use the band, he said.
Michael Calabrese, director of the Wireless Future Program at New America, said he’s hopeful the FCC will act soon on Wi-Fi in the band. “The adjacent unlicensed band continues to be by far the most heavily used band for home Wi-Fi, as well as by wireless ISPs for rural broadband,” he said.
It shouldn’t have taken four years to complete the C-V2X rules, Calabrese said: “Our consumer coalition has urged the FCC to move rapidly now to complete the unfinished issues in the 2020 FNPRM, which would extend the very wide unlicensed channels for Wi-Fi from indoor-only to use anywhere.”
Excluding unlicensed outdoor operations from this decision is a “missed opportunity to unlock Wi-Fi's potential for broader coverage, particularly in rural and underserved areas where affordable broadband is essential,” emailed Alex Roytblat, Wi-Fi Alliance vice president-regulatory affairs. “With Wi-Fi success in adjacent bands, I remain optimistic that the FCC will soon revisit and finalize the 5.9 GHz proceeding to enable outdoor Wi-Fi operations."
While Carr voted for the order, the Project 2025 report raises questions, emailed Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy. “If the incoming Department of Transportation is set to relitigate this issue, it could make future developments in the band more contentious,” he said. Carr authored part of the report (see 2408020024).
"There is a role for DOT in ensuring that in the fight over spectrum, transportation gets its fair share,” the Project 2025 report states: “In 2020, the FCC took away 45 MHz of the 75 MHz it had added, leaving only 30 MHz for transportation safety and ITS. DOT needs to represent the transportation community and make the case for needed spectrum to the public and Congress." During the campaign, President-elect Donald Trump distanced himself from Project 2025.
“We applaud the FCC for their work towards the completion of this rulemaking,” said ITS America President Laura Chace. “We stand ready to work with our partners to make the promise of V2X a reality; leveraging transportation connectivity to significantly improve safety outcomes for our communities.”