D.C. Circuit Upholds FCC 2020 Order in 5.9 GHz Band.

[Dave Taht]

any of our hw capable of using this new band?

---------- Forwarded message ---------
From: Louis Peraertz <wispamembers+88098 at wispa.org>
Date: Fri, Aug 12, 2022 at 11:27 AM
Subject: [WISPAMembers] Court Victory! D.C. Circuit Upholds FCC 2020
Order in 5.9 GHz Band.
To: <dave.taht at gmail.com>


Today, the United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) issued an opinion that is great news for WISPA
operator members.  It upheld the Federal Communications Commission’s
(FCC) November 2020 Order and Further Notice of Proposed Rulemaking
(FNPRM) that allocated 45 megahertz of spectrum for unlicensed use and
30 megahertz of spectrum for Cellular Vehicle-To-Everything (C-V2X)
technologies.

In 1999, the FCC assigned 75 megahertz band of spectrum, from 5.850 to
5.925 GHz, for use by intelligent transportation systems.  In 2019,
however, at the request of WISPA and several other entities, the FCC
initiated a rulemaking proceeding to reallocate a portion of that
spectrum band for unlicensed use.  The rationale for the FCC
initiating that proceeding was that, in the intervening 20 years,
intelligent transportation systems did not develop as the FCC had
hoped they would.  In fact, as of 2020, no commercially marketed
vehicles used the 5.9 GHz band to provide vehicle safety features.

In November 2020, the FCC adopted an Order that would allow entities
to use 45 megahertz of spectrum on an unlicensed basis for indoor
operations.  With regard to unlicensed use of the spectrum for outdoor
operations, the FCC issued an FNPRM that sought comment on a number of
technical issues.  The FCC explicitly said, however, that, until it
resolved those pending issues in the FNPRM, entities could continue to
file for Special Temporary Authority grants or seek waivers to use
this 5.9 GHz spectrum for unlicensed operations outdoors.
The Intelligent Transportation Society of America, and other entities,
who wanted the FCC to continue to allocate 75 megahertz of spectrum
for intelligent transportation systems filed a petition for review
with the D.C. Circuit.  In their briefs, these entities argued, among
other things, that:  (1) the FCC’s Order violated the Transportation
Equity Act (which required the FCC to consult with the Department of
Transportation when allocating spectrum for the needs of intelligent
transportation systems); (2) the FCC failed to adequately explain that
30 megahertz of spectrum was sufficient for intelligent transportation
systems in the future; (3) the FCC lacks the automotive safety
expertise that the Department of Transportation has, so the Court
should not defer to the FCC’s judgment with regard to the 5.9 GHz
band; and (4) the FCC failed to consider the possibility that
unlicensed devices in the lower 45 megahertz would interfere with
communications in the upper 30 megahertz.

The D.C. Circuit panel of three judges that considered these arguments
unanimously rejected all of them.  I have attached a PDF version of
the Court opinion.  I am also attaching a regulatory guidance memo I
prepared that summarizes the FCC’s November 2020 Order and FNPRM.
That memorandum includes a link to the FCC’s Order and FNPRM.
Hopefully, this Court opinion persuades the FCC to efficiently resolve
the remaining issues in the FNPRM and adopt an Order that will allow
WISPs to use 45 megahertz of this 5.9 GHz spectrum for outdoor
operations without having to apply for Special Temporary Authority
grants or waivers.



Posted by Louis Peraertz to: "Member's Forum board, "Court Victory!
D.C. Circuit Upholds FCC 2020 Order in 5.9 GHz Band." topic.


Attachments
[D.C. Circuit Court Decision Upholding FCC 2020 5.9 GHz Order and
FNPRM. 8.12.2022. 115 PM.pdf]
[Regulatory Guidance Memo On 5.9 GHz. Order and FNPRM. 5,2021. 3 PM.pdf]

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FQ World Domination pending: https://blog.cerowrt.org/post/state_of_fq_codel/
Dave Täht CEO, TekLibre, LLC