Unlicensed wireless fans are pushing Congress to get the Department of Transportation to back off what they said are the agency's efforts to delay or roll back the reclamation of some of the 5.9 GHz band from vehicle-to-vehicle (V2V) communications to unlicensed use like Wi-Fi hotspots.

The band had been reserved exclusively for V2V, vehicle-to-vehicle (V2V) communications, but app-based communications appear to be superseding that technology and its need for the spectrum that has essentially lain fallow for two decades.

In a letter to some top members of the Senate Commerce and House Energy & Commerce Committees, the groups, which include Public Knowledge, Next Century Cities and the Benton Foundation, pointed out that the FCC has already voted to make the lower 45 Megahertz of the band available for unlicensed use, including Wi-Fi, while reserving the upper 30 MHz for V2V.

Also: Crowding the 5.9 GHz Lane

Now, they say, an announced DOT study is meant to undermine that decision "'spurred by interests' intent on re-asserting a claim that the automotive industry should control the entire band."

They said that the study, which has not been released, is being undertaken without public comment on relying on "improper technical assumptions and methodologies."

"[W]e are concerned that DOT will attempt to use a study that is both procedurally and technically flawed to pressure the FCC to roll back its bipartisan decision on the 5.9 GHz band. This would be another instance of government agency dysfunction run amok," they told the legislators. ■

Transportation stakeholders, including all 50 state transportation departments (DOTs) told a D.C. federal appeals court Tuesday (January 25) that the FCC erred in the way it opened up 5.9 GHz spectrum, which had been reserved for intelligent transport systems (ITS) to unlicensed wireless. But the action appeared to be an uphill climb given that the U.S. Department of Transportation, which was critical of the decision, now backs the FCC move.

In a victory for cable broadband operators and computer companies, the FCC voted back in 2020 to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

Attorney for transportation stakeholders Joshua Turner told the court that the FCC had taken an "extraordinarily broad" view of the public interest, so broad that it apparently did not have to take into account a program meant to reduce the 40,000 or so highway deaths per year, a Congressional priority (in the Transportation Equity Act) the FCC appeared to say was not in the public interest.

Turner also pointed out that DOT was on the record as having said the FCC substituted its judgment for that of transportation safety stakeholders, which was that they needed the full 75 MHz of the 5.9 GHz band for ITS systems that make the road safer.

But the transportation stakeholder side of the argument does not include the federal Department of Transportation because the Biden Administration has come in on the side of the FCC's decision, something one of the judges pointed out to Turner when asking him what he made of the fact that DOT had since changed its position.

Turner said he was not confident DOT no longer had that position because the Administration simply said it had joined the FCC side after considering all the "equities" including the FCC position.

He also said that what matters "is not what DOT thinks about the order now, today, or what the President thinks about the order, now today. What matters is what DOT put into the record," which was a scathing letter to the FCC saying: "you haven't listened to us; you haven't consulted us; you haven't addressed any of our objections."

But Turner was asked why, if the Administration was apparently no longer backing that DOT view, the court should not conclude that the administration was no longer espousing that view, so it no longer seemed relevant.

Turner said the key is that the view was relevant at the time the FCC issued its decision contrary to that view, which was the record before the FCC.

Turner conceded the FCC had consulted with DOT before concluding it could proceed with opening up the band, so one judge asked why that was not enough, particularly given that DOT now thought that consultation was sufficient?

Turner said the Transportation Equity Act did not mean a one-time-shot consultation, as the FCC appeared to treat the statute, but meant a "heavier burden" of consultation than the commission undertook and "real and meaningful consultation" to boot.

One judge asked what "more" consultation would be. Turner said he didn't know what consultation the FCC did do since their explanation of consultation was taking public comment, which included from DOT. But he did say that one way to determine how much consultation there was was by what the FCC decided, which drew a laugh from the bench.

But Turner said that not only DOT but all the state DOTs and others said 30 MHz was insufficient, and who did the FCC listen to: "The cable industry." Turner said it was arbitrary and capricious for the FCC to take the word of the cable industry on transportation safety policy over the word of the transportation safety stakeholders.

In its defense of the decision, the attorney for the FCC said it had made a "reasonable, record-based determination" that it was neither necessary nor in the public interest to use the additional 45 MHz of spectrum for ITS "at the expense of other pressing needs."

He said transportation stakeholders had not demonstrated that they would be doing anything with 75 MHz that they could not do with the 30 MHz the decision reserved for them.

He was asked about the argument that they could not do line-of-site applications or collision avoidance without more spectrum than 30 MHz. He said that the petitioners had not pointed to any claims in the record about those features, but instead about what they might hope to do in the future with that spectrum. He said that "take our word for it" was not good enough.

But Judge Cornelia Pillard suggested that it was kind of a chicken and egg problem in that ITS stakeholders said the technology is coming and that they want to know that sufficient spectrum will be there when they do develop those systems. She asked what would be good enough for the FCC.

The attorney said that the FCC made clear that if the technology is developed and there is a need, the FCC will be ready and able to make other spectrum available for it. He also said that it was not a question on margins about when the technology was coming, but instead a dearth of evidence on when or if it might be developed. Given that dearth, he said, the commissioner reasonably found that it did not justify holding spectrum in reserve.

Pillard said the record did not suggest the FCC did any outreach to DOT other than seeking public comments in its notice of proposed rulemaking, the FCC attorney pointed out that petitioners did not raise that in their opening brief, but that the DOT provided "multiple rounds of feedback," including on an advanced draft of the decision the FCC shared with the DOT and private advance consultations, including in-person meetings with staff (before the pandemic) and other contacts before the order went out, so that there was "ample consultation," and the FCC made some changes based on those consultations. Judge Pillard said that info was "very helpful." ■

The U.S. Court of Appeals for the D.C. Circuit won't stay the FCC's decision to free up spectrum that had been licensed for vehicle-to-vehicle communications for unlicensed Wi-Fi.

The FCC voted unanimously in the waning days of Pai's to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

Automotive interests had sought the motion for an emergency stay of the decision--ITS America did not seek a stay, but instead backed the stay request and appealed the report and order directly--pending the court's hearing of the underlying appeal. The groups argue that the spectrum is needed for v2v communications, including collision avoidance, and that allowing the FCC decision to divvy up and share the band to go into effect while the court considers the underlying challenge risked interference to life-saving technologies.
Also Read: NCTA Says Stay on Road to Wi-Fi Sharing

"Petitioners have not satisfied the stringent requirements for a stay pending court review," the court said flatly, but will allow the groups to intervene in the case.

The Alliance for Automotive Innovation and the 5G Automotive Association petitioned the FCC to reconsider all or parts of its decision, in part citing the change in administration. The 5.9 GHz  band reorganization was approved under the previous chairmanship of Republican Ajit Pai, but with support from Democrats including the current acting chair, Jessica Rosenworcel.

Cable operators want the FCC and the courts to reject auto companies' challenge to the FCC's decision to free up more spectrum for Wi-Fi, which remains cable broadband operators' primary mobile broadband play.

Cable operators are telling the FCC to dismiss or deny auto companies' challenge to the FCC's decision to allow the 5.9 GHz band to be divided up between incumbent intelligent auto communications systems and the Wi-Fi that remains cable broadband operators primary mobile broadband play.

The Alliance for Automotive Innovation and the 5G Automotive Association have petitioned the FCC to reconsider all or parts of its decision, in part siting the change in administration.

Also Read: FCC Votes to Drive Wi-Fi Expansion

The FCC voted unanimously in the waning days of the tenure of FCC chairman Ajit Pai, to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

In a formal opposition to that auto company appeal, NCTA-The Internet & Television Association, said the FCC's "unanimous bipartisan" decision to divvy up the band, a compromise proposal that was years in the making, reinvigorated a band that had gone virtually unused.

And while auto makers said sharing threatened auto safety, NCTA said the FCC order advances that goal "by enabling new innovations promised by proponents of Cellular Vehicle-to-Everything (C-V2X) technology—and by enacting conservative technical rules designed to protect Intelligent Transportation Systems (ITS) users from adjacent-channel unlicensed operations."

NCTA also argues that freeing up the band for Wi-Fi use can help close the rural digital divide, a big priority of the FCC and the Biden Administration, which is putting tens of billions of dollars into a broadband deployment effort.

"Importantly, providers can use 5.9 GHz spectrum to bring the benefits of cost-effective, next-generation wireless connectivity to consumers in rural communities across the country where next-generation mobile connectivity may not be immediately available," NCTA said.

In addition to asking the FCC to reverse its decision, Intelligent auto tech makers and highway officials last month appealed the decision to a federal appeals court.

Intelligent auto tech makers and highway officials have sued the FCC to block its decision to open up 5.9 GHz spectrum—that had been reserved for licensed vehicle-to-vehicle communications—for unlicensed Wi-Fi.

That FCC decision had been strongly backed by cable broadband operators for whom Wi-Fi is still their principal mobile broadband play.

The Intelligent Transportation Society of America (ITS America) and the American Association of State Highway and Transportation Officials (AASHTO) filed their appeal of the FCC decision Tuesday (June 2) in the U.S. Court of Appeals for the District of Columbia, which has principal jurisdiction over FCC decisions. They want the FCC to reverse the decision to free up the majority of the 5.9 GHz band for unlicensed Wi-Fi.

Also Read: FCC Votes to Drive Wi-Fi Expansion

"[T]he Commission seriously undermined all of the technological progress and investment in the Safety Band [their branding of the 5.9 GHZ band] by reallocating the majority of the band for unlicensed Wi-Fi operations wholly unrelated to automotive safety," they said, adding that the FCC had ignored the advice of "the federal DOT, automotive safety professionals, automobile manufacturers, and state highway officials," who all had issues with the FCC decision.

They said the FCC was both wrong and exceeded its authority. "Keeping people safe is the top priority for every state DOT,” said AASHTO executive director Jim Tymon. “We believe the FCC ruling has undermined state DOTs’ ability to utilize the 5.9GHz safety frequency as it was intended to be used.” 

The FCC voted unanimously late last year—in the waning days of the tenure of FCC Chairman Ajit Pai—to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

Also Read: Wi-Fi Stakeholders High Five FCC 5.9 GHz Item

Current FCC acting Chairwoman Jessica Rosenworcel said at the time of the vote that it would "supersize Wi-Fi," which everyone is relying on during the pandemic.

"The FCC’s action ensures much-needed Wi‑Fi capacity for consumers while also promoting the development of new connected car technologies," said WiFi Forward, which strongly supported freeing up the spectrum for unlicensed. "The FCC acted well within its authority to oversee US airwaves, spent years thoroughly vetting and analyzing its rules and ultimately reached a unanimous, win-win decision that helps close the digital divide and ensure road safety. Both auto safety technology and broadband have progressed greatly since this spectrum was gifted to the auto industry twenty years ago – without significant development – and the FCC’s rules reflect today’s needs."

The FCC was getting kudos from WiFi fans and stakeholders for its unanimous decision Wednesday (Nov. 18) to open up 45 MHz of midband spectrum in the 5.9 GHz band for unlicensed use.

Those included the cable operators for whom WiFi hot-spots are their primary mobile broadband play.

“We applaud Chairman Pai and the entire Commission for their multi-year commitment to bringing underutilized 5.9 GHz spectrum into more productive use," said NCTA-The Internet & Television Association, in a statement. "The Commission’s bipartisan approval of a band-split approach will enable creation of a new, wide indoor WiFi channel that can quickly be brought online for American consumers, while also preserving sufficient spectrum for new automotive safety innovations. This sensible compromise will bring faster Wi-Fi to American homes and businesses when they need it most. We look forward to continued work with the Commission as it considers enabling outdoor unlicensed 5.9 GHz devices in the future.”

“We applaud the FCC for dedicating more WiFi spectrum today," said Tony Werner, President, TPX (Technology, Product, Xperience) for Comcast. "WiFi is central to American homes, schools, and workplaces and carries more broadband traffic than all other wireless technologies combined.  Today’s FCC action is the culmination of many years of bipartisan effort at the FCC and in Congress on behalf of American consumers, and will empower broadband networks to deliver more capacity and speed to Americans quickly.  We at Comcast look forward to putting this new band to work for our customers.”

“The 5.9 GHz band will transform the WiFi experience and bring faster speeds and greater capacity to consumers in urban, suburban, and rural communities across the country," said Charter. "The action taken today by the FCC will quickly unleash gigabit Wi-Fi speeds and free up much-needed unlicensed spectrum to improve consumers’ in-home WiFi experience," said Craig Cowden, SVP of wireless technology at Charter. " This will not only help families stay connected and productive through the remainder of the COVID-19 public health crisis, but will also help bring Wi-Fi to rural communities and solidify the U.S. as a leader in 5G."

"The FCC took a leadership role today in opening up the underutilized 5.9 GHz band for shared, unlicensed commercial use," said  Louis Peraertz, VP of Policy for WISPA, the wireless internet service providers association. "It has been largely offline for nearly two decades, denying Americans tremendous value and consumer welfare.  Wireless technology and industry best practices means it can be shared safely and beneficially with the auto industry, and the FCC has taken the well-reasoned position to do so.  We applaud all of the Commissioners for working hard towards a consensus that allows this item to move forward."

“This reallocation of spectrum could not be more timely, since many existing WiFi routers and access points can be software upgraded for indoor use, giving families a huge boost in capacity for all their devices," said Michael Calabrese, director of the Wireless Future Program at the Open Technology Institute at New America. "Families struggling to work, learn and keep in contact with friends and family from home should all be grateful that the FCC made the tough decision to repurpose this unused spectrum from the auto industry to WiFi... “Although the auto industry opposed this for years, it got done on an entirely bipartisan basis thanks to persistent, forward-looking leadership by Commissioners O’Rielly and Rosenworcel.”

Rep. Anna Eshoo (D-Calif.), also applauded the FCC vote .

“The pandemic has made clear that Americans depend on WiFi for telehealth, remote learning, and working from home," she said. "I’ve long called for increasing spectrum allocated for unlicensed uses, like WiFi, and I applaud the FCC’s decision to do just that in the 5.9 GHz band today.

“Unlicensed spectrum is the underappreciated workhorse of spectrum policy that impacts Americans’ daily experiences with their at-home internet, and it enables countless innovations. The FCC’s decision today is an important step, and I encourage it to continue expanding unlicensed spectrum in the coming months.”

While some automotive interests have pushed back on sharing their licensed intelligent transport system (ITS) spectrum with unlicensed WIFi, one automotive association--the one pushing the C-V2X technology the FCC endorsed in Wednesday's decision, was singing the item's praises.

“5GAA welcomes the Commission’s decision to move forward with C-V2X, a state-of-the-art transportation safety technology platform," said the 5G Automotive Association. "Our priority remains speeding the availability of C-V2X to American road users under parameters that responsibly guard against interference caused by Wi-Fi. We look forward to reviewing the final order and addressing any outstanding issues with the FCC and other stakeholders in the months ahead.”   

“Qualcomm is pleased that today’s FCC decision both reassigns the upper 30 MHz of the 5.9 GHz band to C-V2X, the advanced wireless automobile safety technology, and creates a path for C-V2X to get on the air quickly," said Qualcomm SVP of spectrum strategy and technology. But he added: "We’re very concerned that the ruling does not provide sufficient protection for C-V2X to avoid interference from Wi-Fi, and we plan to continue working with the FCC and other stakeholders to achieve the necessary protections.”

In a victory for cable broadband operators and computer companies, the FCC has voted to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

That vote--on a Report and Order and Further Notice of Proposed Rulemaking (FNPRM)--came at the FCC's virtual meeting Wednesday (Nov. 18). It was unanimous, but with the Democrats concurring because they would have preferred the vote come under the upcoming Democratic-led commission.

The FCC said the item promotes the efficient and effective use of the band by freeing up long-underused spectrum and would deliver immediate benefits combined with adjacent spectrum to provide for up to 160 MHz wide channels to help meet the growing demand for WiFi.

Those cable and computer companies pushed the FCC open up the entire 75 GHz--which had been reserved for licensed V2V services, to share between WiFi and V2V, but supported chairman Pai's proposal to divide up the band instead, giving each their own swath of spectrum.

WiFi operators will get immediate access to the spectrum for unlicensed indoor operations and, potentially, outdoor as well. The FNPRM tees up rules for that outdoor use and asks for comment on whether the FCC should allocate additional intelligent transport systems spectrum in the future.

Auto manufacturers have argued that sharing the band with WiFi, including a decision to split it up, could interfere with intelligent transportation Systems (ITS)/V2V safety systems, but the FCC said the new rules would improve auto safety by transitioning the upper 30 MHz from the "long-stalled" DSRC V2V technology, which the FCC said "has done virtually nothing to improve automotive safety" to C-V2X.

Related: Ford Defends Stance on WiFi Interference to V2V

The item includes a timeline for transitioning incumbent intelligent transportation system licensees to the upper 30 MHz band, and from DSRC to C-V2X, as well as rules to allow for full-power unlicensed Wi-Fi in the lower 45 MHz band. 

Commissioner Michael O'Rielly said the FCC had paved the way for cutting-edge uses of WiFi. O'Rielly pointed out that he had proposed the potential split of the band into 30 MHz for cars and 45 MHz for WiFi.

Saying he was bordering on ecstatic, O'Rielly was pleased that talk -- much of it from him and commissioner Jessica Rosenworcel -- had finally morphed into action. He was particularly pleased that the WiFi spectrum would be available almost immediately, in some cases with only software upgrades. 

He did say that he thought the time to relocate V2V out of the 45 MHz should have been six months rather than the year the item gives them. He said waiting a full year for the spectrum to be fully available is "much too long." He also said the FCC should move to allow the outdoor use teed up in the further notice.

He also said the item should have mandated that the 30 remaining MHz should only be used for public safety, rather than for services already available using other frequencies. He did note that the further notice does ask if the FCC should, indeed, restrict use to safety. O'Rielly also said he would not have codified C-2VX as the specific technology for the 30 MHz. 

Commissioner Brendan Carr said that he agreed with all his colleagues that freeing up midband spectrum is critical. He conceded that talking about it is much easier than freeing it up. He thanked chairman Pai and FCC staff for that effort. Carr said the FCC has not kicked the can down the road, but instead took on the tough spectrum fights, including in the 2.5 GHz, 3.5 GHz, and 6 GHz bands, C-Band, and others. 

Commissioner Jessica Rosenworcel said kudos were due O'Rielly, who she called her partner in trying expand WiFI in the 5.9 GHz band. She said the item would "supersize WiFi, which everyone is relying on during the pandemic. But Rosenworcel said she would only concur with the item, citing Democratic members' of Congress request that the FCC not vote any controversial issues, given the upcoming change in administrations.

Starks also concurred citing the request by Sen. Maria Cantwell (D-Wash.) to FCC chairman Ajit Pai this week that the FCC pull the item as one of those "controversial" issues that should await the Democratic led FCC. The controversy is the pushback by auto makers and DSRC proponents, including some government agencies.

Pai said he keeps hearing that DSRC should be given "just a little more time." But, "no more," he said, "time's up." He said that was because there was a pressing, pandemic-underscored, need for more unlicensed spectrum for telehealth and other services. 

He said the item would help meet the demand for spectrum, punching above its weight when combined with adjacent bandwidth. He said moving from DSRC to C-2VX would transition from a failed technology to a promising one for safety-related services. Notwithstanding rhetoric to the contrary, the FCC does care about automotive safety, he said.

Pai pointed out the FCC has already granted temporary access to the ITS spectrum for WiFi use during the pandemic, a point made by Rep. Jerry McNerney (D-Calif.), who didn't wait for the vote to weigh in on the prospect of freeing up that WiFi spectrum generally. 

“The pandemic has placed Wi-Fi at the center of nearly every aspect of our daily activities – it is essential to how we learn, work, see a doctor, and connect with family and friends," he said in a statement before the meeting. "The 5.9 GHz proposal before the Commission would quickly increase capacity for gigabit Wi-Fi by creating a 160 MHz-wide channel with the neighboring band, while also providing spectrum for transportation safety. Additionally, the proposal is important for enabling the delivery of broadband using fixed wireless services. My constituents have seen the importance of this during the pandemic with the Special Temporary Authority that was granted to a wireless internet service provider in my district. We were long overdue for making the 5.9 GHz band available for unlicensed use well before the pandemic.”

Cable operators are OK with the "divide and conquer" approach to the 5.9 GHz band.

NCTA-The Internet & Television Association has expressed its strong support for the FCC's proposal for freeing up spectrum in the band for Wi-Fi. That came in a Webex meeting with a legal advisor to FCC commissioner Brendan Carr Friday (Nov. 6).

FCC chairman Ajit Pai two weeks ago circulated draft rules that would free up the majority (the lower 45 MHz) of the 5.9 GHz band for wireless broadband while transitioning the remaining upper 30 MHz to the latest iteration of Intelligent transport system (ITS) vehicle-to-vehicle (V2V) communications and cellular vehicle-to-everything (C-V2X) technology.

V2V has had licensed claim to the entire band, but the FCC concluded 35 MHz would suffice and that Wi-Fi could live side-by-side with V2V, something auto makers have said was not the case.

NCTA had pushed for allowing the entire 75 MHz to be shared with V2V, but told the FCC last week it strongly supported the split band approach, which is called "a good compromise that is a win for American Wi-Fi and automotive consumers."

It also strongly supported the FCC's conclusion that ITS needs no more than 30 MHz of dedicated spectrum to support its safety operations and its assertion that the order's technical rules will "fully protect" incumbents in that 30 MHZ from interference.

NCTA did offer some tweaks to the draft order, including clarifying that Wi-Fi range extenders can operate at the maximum power levels as other Wi-Fi access points and to eliminate what it said was an overly protective approach to the "solid set" of technical rules that will prevent any interference to incumbents transitioning out of the lower 45 MHz.

Computer companies and cable operators (collectively the Dynamic Spectrum Alliance, DSA), which backed the FCC's decision to free up the lower 45 MHz of 5.9 GHz spectrum for WiFi, are pushing it to free up the other 30 MHz for WiFi as well. 

Related: Stakeholders Signal Support for FCC's 5.9 GHz Item 

The alliance was submitting comments in the FCC's proceeding seeking to stimulate use of the 4.9 GHz band given that "no more than 3.5% of potential licensee now use the band. 

The band had been reserved for intelligent vehicle communications, but the FCC was looking to free some of it up for 5G and so struck a compromise, freeing up the lower 40 while reserving the upper portion for a combination of V2V technologies--car companies were not happy with the compromise, saying sharing could mean interference with life-saving technologies. 

The 5.9 band had been reserved for dedicated short-range communications (DSRC) between vehicles (V2V) but that technology has been slow to roll out and passed in the fast lane by newer technologies, like C-V2X [Cellular Vehicle-to-Everything]. The proposal was a shift from the FCC's initial idea to allow V2V and unlicensed to share the same spectrum. 

DSA is telling the FCC it should contemplate moving all those V2V users to the underused 4.9 GHz band, but there would be sharing involved there, too.  

"The evolution and surging societal value of WiFi has made the 5.9 GHz band an inappropriate, if not untenable, location for automotive communications services," it said.

It is also asking the FCC to use a dynamic sharing system between V2V and public safety, which it says would encourage a more robust market in equipment. 

DSA wants the FCC to seek comment on relocating one or both intelligent Transportation Systems (ITS) to the 4.9 GHz public safety band.  

Related: Public Interest Groups Seek 5.9 GHz for WiFi 

The FCC has set aside at least 20 MHz of the 5.9 GHz band for C-V2X and sought comment on whether to give the other to DSRC or give it all to the cellular-based C-V2X. 

DSA members include Amazon, Microsoft, Facebook and Google, and Comcast is a backer. 

NCTA-The Internet & Television Association, of which Comcast is the largest member, supported the FCC's balanced approach in the 5.9 GHz. 

In a preview of its plan to free up the lower 45 MHz of the 5.9 GHz spectrum band for WiFi, the FCC said the wireless internet service providers (WISPs) it has allowed to use the band temporarily during the pandemic are increasing speeds, reducing congestion and extending coverage areas. 

The FCC began extending special temporary authorities for emergency use of the band in late March. To date, it said it has granted more than 100 WISPs to handle the increased demand during the COVID-19 pandemic.  

Related: FCC Lends WISPs 5.9 GHz Spectrum for Pandemic-Driven Traffic 

The STA's are kind of a dry run on the FCC's grander plan. 

The commission voted unanimously Dec. 12, 2019, to share that 5.9 GHz band by dividing it up. The proposal is to free up the lower 45 MHz exclusively for unlicensed use and to keep the the upper 30 MHz for V2V communications, including 20 MHz of that for C-V2X. 

But that has not officially happened yet, so the STAs are a preview of things to come.

“American consumers are relying more than ever on broadband, so I’m pleased that 5.9 GHz spectrum is helping fixed wireless broadband providers deliver faster and more efficient service for consumers,” said FCC chair Ajit Pai in a release from the FCC promoting the efficacy of the STAs. “I’m grateful to these companies for making a positive difference in their communities, delivering Internet access that’s sorely needed in some of the hardest-to-connect places in our country.” 

"Americans are depending on WiFi networks to work, learn and stay connected to critical information and the FCC is using all the tools in its toolbox to expand network capacity," said WiFi Forward. "The Chairman, his colleagues and WISPs have taken quick action to connect people when they need it most. We hope these efforts show that the FCC's longer-term compromise approach to the 5.9 GHz band is the right one: take unused spectrum and put it to work for our communities, now." 

The compromise was to allow V2V communications exclusive use of the upper 30 MHz--it used to have all 75 MHz--and WiFi the lower 45--rather than have them all try to share all 75 MHz. 

"We are grateful, too – to both the FCC who granted the STAs, and our members," said WISPA, the wireless internet service providers association, "including: Amplex, Bolt Internet, Gtek Communications, Intermax Networks, MetaLINK Technologies, Nextlink, Softcom Internet Communications, Southern Broadband, TCC Skywire, Wavelinc Communications, ZIRKEL Wireless, and countless others who are using the 5.9 GHz spectrum to keep Americans connected and safe through the pandemic."

Public Knowledge and New America's Open Technology Institute are squarely behind cable broadband operators' push to open up the lower 45 MHz of the 5.9 GHz band for WiFi, spectrum heretofore entirely reserved for vehicle-to-vehicle communications (V2V). 

The other 30 MHz would remain reserved for V2V in the FCC proposal.

In reply comments to the FCC, the groups said that the pandemic-driven work-at-home environment has "upped the urgency" for freeing up more spectrum for unlicensed WiFi broadband connections. 

Related: NCTA Says It's Time 5.9 GHz Drove WiFi Expansion

"The gigabit-fast WiFi channel the Commission can create by reallocating the lower portion of the virtually unused 5.9 GHz band is high priority because it can be used immediately with existing gear and provides better coverage than any 6 GHz channel for both homes and rural broadband," they said. 

Like NCTA, which also invoked pandemic urgency in its reply comments, they pushed back on auto company arguments that the spectrum is of marginal importance for boosting 5G, saying instead it can "immediately boost the capacity of fixed wireless broadband services in rural, tribal and other underserved areas with unencumbered outdoor use."  

Related: FCC Lends WISPS 5.9 GHz Spectrum for Pandemic-Driven Traffic 

And also like NCTA, they said that the 30 MHz that V2V will still get in the band is enough for its needs, particularly since they say automakers have signaled that they are "not willing to commit to deploying even the basic V2V safety messaging to more than a tiny fraction of the U.S. vehicle fleet." 

Related: NCTA to FCC: Set 5.9 GHz Free

But they also suggest there are other places V2V could move in the spectrum band. 

NCTA has long pushed for freeing up the spectrum, just as auto makers have long pushed back, saying it could impede the rollout of lifesaving connected-car systems. Car companies want the FCC to reverse course and keep all 75 for V2V, while cable ops, joined by Public Knowledge and OTI, want the FCC to put the item on the fast track to approval. 

Cable operators are urging the FCC to push ahead with its plans to open up the lower 45 MHz of the 5.9 GHz band for unlicensed use, saying that spectrum is critical for current and future WiFi needs, particularly in a COVID-19 time of social distancing when WiFi helps bridge that physical gap.  

The 5.9 GHz proposal, adopted unanimously last December, is among a number of efforts to clear spectrum for 5G. 

Cable operators' prod came in reply comments from NCTA-the Internet & Television Association on the FCC's proposal to free up that swath of spectrum while reserving the other 30 MHz in the band for vehicle-to-vehicle communications. 

Related: FCC Lends WISPS 5.9 GHz Spectrum for Pandemic-Driven Traffic 

NCTA has long pushed for freeing up the spectrum, just as auto makers have long pushed back, saying it could impede the rollout of lifesaving connected-car systems. Car companies want the FCC to reverse course and keep all 75 for V2V, while cable ops want the FCC to put the item on the fast track to approval.  

"Critical industries like healthcare, education, transportation, finance, and agriculture rely on WiFi to manage connected devices, monitor worker and consumer safety, provide educational resources, make secure transactions, and enable cost-effective connectivity," it told the commission. "These dynamics are even more pronounced in the current moment, as millions of Americans rely on WiFi to remain connected and productive while practicing social distancing."

As to car companies' argument that the spectrum is not important to the broadband deployment effort, an effort taking on even more importance in the shelter-in-place study in the parking lot pandemic, NCTA says such a stance is unjustified. "The importance of and demand for WiFi are the highest they have ever been," NCTA said.  

Bottom line, says NCTA: "[T]he record makes clear that the 30 megahertz the Commission proposes to reserve for ITS [intelligent transportation systems] is more than sufficient to enable ITS companies to deliver the crash-avoidance applications that they argue can only be realized in the 5.9 GHz band. The record confirms that the Commission should reject ITS delay tactics, adopt its proposal to open the lower 45 megahertz of the 5.9 GHz band to unlicensed services, establish reasonable technical rules, and proceed to a final order as soon as possible."

The American Association of State Highway and Transportation Officials (AASHTO) has provided its input on the FCC's proposal to free up 5.9 GHz spectrum for unlicensed wireless, and its answer is a big, fat "no." 

The group says it could put lives at risk. 

Related: Pai Praises C-V2X Deployment 

The 5.9 band had been reserved for dedicated short-range communications (DSRC) between vehicles (V2V) but that technology has been slow to roll out and passed in the fast lane by newer technologies, like C-V2X [Cellular Vehicle-to-Everything]. 

As a result, the FCC voted unanimously Dec. 12, 2019 to share the band by dividing it up. The proposal is to free up the lower 45 MHz exclusively for unlicensed and keep the the upper 30 MHz for V2V communications, including 20 MHz of that for C-V2X. 

But ASHTO, echoing complaints from their federal counterparts at Department of Transportation, says that without the full 5.9 GHz band for V2V technologies, it will be "significantly more difficult" to eliminate the 37,000 fatal vehicle crashes per year 

ASHTO said their would economic consequences, like not winning a race with other countries. The Trump Administration puts great in winning such races. 

"If the proposed reallocation occurs," said ASHTO, "the United States’ competitive edge in the development of connected vehicle technologies will be set back while Europe and Asia surge forward." 

"To put it succinctly," said association president Patrick McKenna to the FCC, "AASHTO believes that the FCC proposal to permit unlicensed devices to operate in the lower 45-megahertz portion of the band at 5.850-5.895 GHz (5.9 GHz band) leaving ITS operations in the upper 30-megahertz portion of the band at 5.895-5.925 GHz is wrong and misguided."  

Broadband operators have long pushed to free up unlicensed spectrum in the band to boost their Wi-Fi hotspots, the fixed-broadband industry's chief mobile broadband play. 

It was rush hour inside the Beltway as stakeholders rushed to comment on the FCC's unanimous vote at its public meeting Thursday (Dec. 12) to propose reallocating some vehicle-to-vehicle communications spectrum in the 5.9 GHz band for unlicensed WiFi for 5G and IoT.

The FCC is freeing up 45 MHz for WiFi, a big priority for cable broadband operators and their network of hotspots, while leaving a separate 30 MHz for V2V communications.

Statement of Michael Powell, president & CEO, NCTA – The Internet & Television Association on the FCC’s 5.9 GHz Spectrum Band Vote:

“Today’s unanimous pro-consumer action by the Commission proposing to designate a portion of the 5.9 GHz spectrum band for unlicensed use is an important step toward ensuring that America’s WiFi networks are able to unleash gigabit speeds and keep up with the tremendous consumer demand for connectivity at home and on the go," said Michael Powell, president of NCTA-The Internet & Television Association. "This item demonstrates the FCC’s commitment to a balanced spectrum policy which will facilitate the deployment of next-generation networks, and recognizes the massive economic benefit of unlicensed spectrum."

“Today, the Federal Communications Commission took an important step towards addressing the growing need for unlicensed spectrum for WiFi® use," said the WiFi Alliance. WiFi Alliance thanks the Commission for its proposal to repurpose the lower 45 megahertz of the 5.9 GHz band to help support high-throughput broadband applications such as WiFi. We look forward to reviewing this 5.9 GHz Band proposal in detail, and continuing to support the Commission in this and other initiatives that will deliver necessary mid-band spectrum to preserve WiFi connectivity for millions of Americans.”

The 5G Automotive Association also saw the move as driving innovation. "Extensive crash avoidance testing continues to demonstrate that C-V2X [Cellular Vehicle-to-Everything] technology will deliver safety benefits to the American public. We look forward to working with all stakeholders to ensure spectrum regulations adequately address the needs of transportation safety and facilitate America’s global competitiveness in connected and autonomous vehicle technology.”

“Charter applauds chairman Pai and the FCC for moving forward with an NPRM on 5.9 GHz and appreciates commissioners O’Rielly and Rosenworcel’s longstanding commitment to opening this band for unlicensed use," said the cable broadband operator. "By making a portion of this highly-valuable band available for unlicensed use after decades of under-utilization, today’s action sets the stage for innovations like ultra-fast, high capacity, multigigabit WiFi that will power connected classrooms, smart homes and remote healthcare for the benefit of consumers.” 

Michael Calabrese, director of the Wireless Future Project at New America’s Open Technology Institute, joined the rush to praise the item.

“Opening a portion of the unused transportation band for next-generation WiFi marks a significant win for consumers," Calabrese said. "By opening the lower portion of the 5.9 GHz band for unlicensed public use, the FCC is paving the way for gigabit-fast and more affordable WiFi and 5G-capable services in homes and businesses across the country."

“Expanding the unlicensed bands that power WiFi is an essential part of a truly robust 5G wireless ecosystem. WiFi already generates hundreds of billions of dollars for the U.S. economy each year as it’s become the primary way that consumers and business access data on mobile devices. High-capacity WiFi is also increasingly essential to schools, libraries, and other community anchor institutions. This proposal is also a win for consumers because it promotes a new generation of auto safety communications that promises to be integrated with 5G networks.”

"Comcast applauds the FCC’s unanimous vote proposing to permit unlicensed services in part of the 5.9 GHz band," said Tony Werner, president of Technology, Product, Xperience 9TPX) at Comcast Cable. "As we continue to invest in and increase the performance of our gigabit broadband networks, the FCC’s decision to make the 5.9 GHz band available expeditiously will ensure that the WiFi capacity our customers rely on will continue to match the capabilities of our world-class broadband networks. The strong bipartisan support for this item speaks volumes about the importance of this proceeding. The Commission’s compromise proposal is a major step toward delivering next-generation broadband connectivity and strengthening the foundation for 5G, while clearing the path for modern automotive-safety technologies."

The FCC has voted unanimously to propose freeing up the majority of the 5.9 Ghz band for WiFi and other unlicensed uses, looking to help create an unlicensed wideband WiFi superhighway to 5G.

The 5.9 band had been reserved for dedicated short-range communications (DSRC) between vehicles (V2V) but that technology has been slow to roll out and passed in the fast lane by newer technologies, like C-V2X [Cellular Vehicle-to-Everything]

The proposal was a shift from the FCC's initial idea to allow V2V and unlicensed to share the same spectrum.

Related: Pai Proposes Dual-USe 5.9 GHz Band

The FCC is proposing freeing up the lower 45 MHz exclusively for unlicensed and the upper 30 MHz for V2V communications, including 20 for C-V2X.

Commissioner O'Rielly called it a great victory of sound policy over stale rhetoric. He said it was finally time to start using the band given that it has, by any definition, is underused.

He said he was pleased that the FCC was making it clear that the 30 MHz for V2V are only for safety systems. O'Rielly said the argument that the FCC was going to be allowing for crashes to accommodate more Facebook posts was "jibberish." He said everyone on the dais supported auto safety. He said if there is a demonstrable need for more V2V spectrum in the future, the FCC will undoubtedly consider that.

"Cable providers have built gigabit speed capabilities to homes and businesses across their footprints," said commissioner Brendan Carr. "Billions of dollars of investment is made each year in upgrading those wired networks and in researching how to push them to higher gigabit speeds. The bottleneck soon may be not that last mile but those last few feet or inches. As devices demand more data and wired networks deliver more data, a lack of unlicensed spectrum, especially in the home, could leave all of that innovation for not."

He said freeing up the lower 45 MHz in 5.9 would create "the first contiguous 160 MHz channel for unlicensed devices, free of any need to use coordination technologies that slow throughput."

Commissioner Jessica Rosenworcel said autonomous vehicles have passed DSRC by and that while the FCC should support auto safety, it should speed the way to thinking about how to be more efficient. "It is time to take a fresh look at the band," she said, to combine safety with more efficient use of the band. She praised O'Rielly for his work on the issue, saying persistence had paid off.

She said 5.9 was the ideal place to explore more unlicensed, also citing the creation of that 160 MHz wideband, a place to start next-gen WiFi. "I believe there is no shame in correcting course."

Commissioner Geoffrey Starks said the FCC needed to adjust its spectrum sites for both today and tomorrow in light of the explosion of devices and the slow roll of DSRC. He said intelligent transportation services are crucial, but pointed out that auto companies are turning to 5G tech rather than DSRC. He said the FCC should not stick with a spectrum plan tailored to a tech that is "stuck in neutral."

Related: Ford Backs Pai's V2V Compromise

FCC chair Ajit Pai joked that he would hit the breaks on any automotive puns. He said that the 5.9 spectrum is not being put to its best use and deserves a new look. He called his a balanced proposal to freeing up unlicensed spectrum, which he called foundational to the internet of things.

Pai said designating the 30 MHz for V2V was appropriate. There is already separate spectrum for vehicle radar, he pointed out, and added that without this proceeding, C-V2X could not be deployed. The FCC is seeking comment on whether the balance of that 30 MHz for V2V should also go to C-V2X or to DSRC and Pai welcomed stakeholders to make their case.

Pai took a couple of minutes to list all the groups that backed his proposal, making the point that it was a broad and deep array.

Asked after the meeting about Transportation Secretary Elaine Chao's suggestion that the FCC's move to unlicensed wireless to use the band could result in thousands of traffic deaths, Pai said his decision to divide up--rather than share--the band was in part a response to the concerns raised by the Department of Transportation and that one reason that the FCC was teeing up the Notice of Proposed Rulemaking was to collect comment on out-of-band emission protections and other issues.

He also pointed out that V2V safety, either via DSRC or C-V2X, could not progress unless the FCC took action, which he was trying to do.  

Cable operators are trying to jump-start the FCC's announced review of the 5.9 GHz band currently set aside for connected cars. 

The FCC is looking to allow unlicensed WiFi to share the 75 MHz of spectrum in that band with the incumbent vehicle-to-vehicle (V-to-V) licensed users, yet another of the FCC's efforts to free up more spectrum for next-gen communications including 5G. Cable operators, who rely on WiFi as their primary out-of-home broadband extender, are all for freeing it up, and pushed for the fresh review.  

Car companies have historically pushed back, citing potential interference to those crucial V-to-V communications.  

Related: Hill Chill with 5.9 GHz Review 

Executives from NCTA-The Internet & Television Association as well as members Comcast and Charter met with FCC chair Ajit Pai's legal advisor, Aaron Goldberger, to ask that the FCC "move forward" with its "fresh look" at the band. 

In a May a speech to the WiFi World Congress, Pai said: "Given the swirl of the debate and the vast technological changes that have occurred since the Commission allocated the 5.9 GHz band 20 years ago, I believe that the time has come for the FCC to take a fresh look at this band. We should open up a rulemaking proceeding, seek comment on various proposals for the band’s future, and use the record that we compile to make a final decision on how the band should be allocated." 

The FCC wrapped some initial tests in June that concluded that WiFi devices could peacefully coexist with DSRC if that technology does eventually come into wide use for vehicle-to-vehicle communications, which it may well not given app-based communications that may have overtaken it. 

The government set aside the 5.9 GHz spectrum almost two decades ago (1999) for intelligent vehicle systems, but the technology has yet to materialize. The Obama-era planned mandate of DSRC hasn't, either, under the Trump administration, and some car companies are looking at alternative approaches to vehicle-to-vehicle (V2V) communications (notably Qualcomm's Cellular Vehicle-to-Everything (C-V2X) technology. 

FCC Chairman Ajit Pai has signaled the FCC can't keep kicking a longstanding spectrum issue down the road any longer, a road that could soon be filled with connected cars wanting to communicate.

Pai has signaled he will open a new rulemaking on how to best use the 5.9 GHz band currently the home of a vehicle-to-vehicle (V2V) communications technology that may have been overtaken by time and technology.

In a speech to the Wi-Fi World Congress--Wi-Fi proponents including cable operators have been hankering to at least share that 75 MHz of beachfront midband spectrum for years, but have met with pushback from the V2V incumbents--Pai said: "Given the swirl of the debate and the vast technological changes that have occurred since the Commission allocated the 5.9 GHz band 20 years ago, I believe that the time has come for the FCC to take a fresh look at this band. We should open up a rulemaking proceeding, seek comment on various proposals for the band’s future, and use the record that we compile to make a final decision on how the band should be allocated."

Related: NCTA Tells FCC It's Time to Get Moving on 5.9 GHz

"We welcome Chairman Pai’s call for action that would take a fresh look at the 5.9 Ghz band and consider how to best supercharge America’s Wi-Fi networks," said NCTA-The Internet & Television Association. "As we’ve noted, the 5.9 Ghz band is the best spectrum band available that can help fulfill our promise of delivering gigabit Wi-Fi and move us closer to achieving the important national goal of delivering ubiquitous broadband to all Americans.”

NCTA has argued that the 75 GHz set-aside has proved a waste of government money and an experiment that failed.

Pai said among the choices for the spectrum are sticking with the (V2V reserved) status quo does not sound like a good option. He said while three might still be a case for the Dedicated Short Range Communications 9DRSC) communications the auto companies itnitially planned to use that spectrum for, DRSC has been stuck in neutral while Wi-FI has hit the gas. But he did not rule out DSRC entirely, which squares with Roberts Rules of Regulatory Order, which is not to signal you are prejudging and issue or potential decision about to be put out for public input.

The FCC has completed initial testing that showed that WiFi devices could peacefully coexist with DSRC if that technology does eventually come into wide use for vehicle-to-vehicle communications.

The FCC could also allocated it to the new C-V2X V2V technology, or allow for sharing between unlicensed Wi-Fi devices--computers, smart phones, IoT devices--and V2V in the lower 45 MHZ, while reserving the upper 30 MHz exclusively for V2V, or allocate all 75 GHz to unlicensed.

There is a lot of money riding on the decision. Pai pointed to a Rand study that said opening the 75 Ghz to Wi-Fi could add as much as $110 billion annually to the U.S. GDP.

"We can’t keep kicking this can down the road," said Pai. "This valuable mid-band spectrum is largely lying fallow, and it has been so for two decades now—just as the Internet has gone from dial-up modems to gigabit Wi-Fi. Given this, inertia isn’t a responsible thing for policymakers to indulge. It is time to launch a comprehensive review of the future of the 5.9 GHz band, make a sober assessment of the facts, and then make a timely decision on the best way forward."

There has been a years-long tussle between cable ops relying on Wi-Fi for their mobile broadband play and auto makers—and some government agencies—trying to defend their V2V turf for future safety systems.

Cable ops need more Wi-Fi spectrum to deploy gigabit speeds beyond the router—so that consumers get the benefit—so NCTA is checking the couch cushions for more unlicensed spectrum. 

Claude Aiken, president of WISPA, tweeted his support.

[embed]https://twitter.com/ctaiken/status/1128387566401740800[/embed]

"Chairman Pai is right: there has been no new spectrum for Wi-Fi in the key mid-bands since 2003, but in that time, Wi-Fi has become the lifeblood of our wireless economy, and carries the majority of all internet traffic," said Wi-Fi forward. "WiFi is used for everything from medical telemetry and connected learning, to billions of dollars in secure financial transactions and critical machine communications. As Americans depend on more and more connected devices, they will increasingly look to Wi-Fi to power these crucial services and their 5G future.

"Because of this, we are pleased to hear of the Chairman’s plan for forward motion in the 5.9 GHz and 6 GHz bands. We look forward to hearing about the details."

WASHINGTON — The Federal Communications Commission has concluded that devices it tested demonstrate that WiFi can share the 5.9 GHz band with existing connected car technologies.

The FCC released the results of the testing Monday (Oct. 29) and sought comment on those results, as well as on the fact that there have been developments since the testing began, including new app-based vehicle communications systems and the limited introduction of the dedicated short-range communications (DSRC) technologies, so asked for input on those, too.

"We found the prototype devices [nine devices submitted by Cisco, Qualcomm, KEA Tech, Broadcom, and CAV technologies] reliably detected DSRC signals," the FCC's Office of Engineering and Technology (OET) said.

"The prototypes were designed to prevent interference by detecting DSRC signals and then either vacating the spectrum entirely or sharing a portion of the spectrum with non-safety related communications using techniques similar to WiFi sharing," the FCC said.

FCC chairman Ajit Pai signaled last week to be on the lookout for those test results. The FCC wants initial comments on the results by Nov. 28 and replies by Dec. 13.

NCTA-The Internet & Television Association has been asking the FCC to take a "fresh look" at the 5.9 GHz spectrum band that currently is designated for vehicle-to-vehicle (V2V) ITS (intelligent transportation system) use, including whether that 75 MHz of spectrum should be freed up entirely for unlicensed WiFi. NCTA has argued that the set-aside has proved a waste of government money and an experiment that failed.

The government set aside that spectrum almost two decades ago (1999) for intelligent vehicle systems, but the technology has yet to materialize, the Obama-era planned mandate of DSRC hasn't, either, under the new Trump administration, and some car companies are looking at alternative approaches to vehicle-to-vehicle (V2V) communications (notably Qualcomm's Cellular Vehicle-to-Everything (C-V2X) technology).

Related: Trump Said to Be Backing Away from DSRC Mandate

NCTA already had some advice for the FCC on Monday: “OET's test report makes it clear that WiFi can operate safely in the 5.9 GHz band," NCTA said in a statement. "With this testing complete, and a congressional mandate to free up new spectrum for unlicensed uses, now is the time to move forward. Given fundamental changes in both the wireless broadband and automotive safety landscapes, the FCC should take a fresh look at how 5.9 GHz spectrum can be an important element in delivering Gigabit WiFi and fulfilling our nation’s agenda of delivering ubiquitous broadband to all Americans.”

“The results of these tests prove that WiFi can successfully operate in the 5.9 GHz band without causing harmful interference," said WiFi Forward, a WiFi advocacy groups whose members also include ISPs and equipment manufacturers. "But the facts on the ground have changed and further testing of co-channel operation with DSRC is no longer relevant. So while some parties will seek years of additional testing to try to stall FCC action, it is now time for the FCC to issue a new further notice that brings Americans Gigabit broadband and asks whether it should continue to support the failed DSRC experiment.”

“Nearly two years after the deadline for completing a three-phase test plan to determine whether auto safety and Wi-Fi can share the 5.9 GHz band, this agency is releasing the results of its lab testing," said Commissioner Jessica Rosenworcel. "These results are long overdue.  But we need to do more than just make our work public.  We need to start a rulemaking to take a fresh look at this band and its real possibilities.”

Senator Marco Rubio (R-Fla.), who has decided to run to keep his seat in the Senate, has joined with a bipartisan group of senators to press FCC Chairman Tom Wheeler to speed testing of the 5.9 GHz band to determine "whether and how" it can be shared among incumbents--like vehicle-to-vehicle communications--and wireless uses like cable WiFi.

Joining Rubio on the letter were Cory Booker (D-N.J) and California Democratic Reps Darrell Issa, Doris Matsui (D-Calif.) and Anna G. Eshoo (D-CA), and Rep. Bob Latta (R-Ohio).

Rubio and Booker are co-sponsors of the Wi-Fi Innovation Act. Both have been leading voices for freeing up spectrum for mobile broadband.

“Congress, the Federal Communications Commission (FCC), and the Department of Transportation must work together with industry to help meet this demand, while also ensuring that the transportation technologies utilizing this band can operate safely when such technology is deployed in the future,” the senators said.

The senators were pretty much preaching to the choir.

On June 1, the FCC issued a public notice on the 5.9 GHz band, including setting a January 2017 deadline for completing testing of sharing in the band.

Cable operators have been pushing for more 5 GHz spectrum to fuel their Wi-Fi hotspots, the industry's primary mobile broadband play.

The FCC has an open inquiry into using the band for unlicensed, and DOT has agreed on testing the co-existence of vehicle-to-vehicle communications (intelligent transportation system [ITS] devices) and Wi-Fi.

Wheeler joined by Commerce Secretary Penny Pritzker and Transportation Secretary Anthony Foxx, in January outlined a three-phase device-testing regime to potentially open up new spectrum in the 5.9-Gigahertz band for more cable WiFi hotspots without interfering with automobile crash-avoidance systems.

Unlicensed devices will have to pass all three tests before any conclusions are drawn about whether Wi-Fi and V2V can coexist.

That testing regime came in response to Hill pressure to find a resolution and free up the spectrum. At that time, the FCC signaled it would be refreshing the record.

The goal is clash avoidance as well as crash avoidance given that the cable and automotive industries have come together after tensions over whether the band could be opened up to unlicensed without threatening those nascent intelligent automotive systems.