Cable operators said complaints from broadcasters about opening up the 6-GHz spectrum band for WiFi are “unfounded … untimely, unsubstantiated and irrelevant.”

NCTA–The Internet & Television Association made that argument in comments to the Federal Communications Commission on June 10 regarding unlicensed use of that band, comments prompted by a court remand of one part of the FCC's unanimous April 2020 decision to allow the entire 1,200 Megahertz of the 6-GHz band to be shared with unlicensed WiFi. The decision was at that time the FCC‘s latest move in freeing up more spectrum for connecting 5G in-home devices — video streaming, video calls — and connecting internet of things (IoT) devices to the internet. Cable operators and technology companies supported it.

The U.S. Court of Appeals for the D.C. Circuit, in a decision handed down last December, said the FCC‘s conclusion on the risk of harmful interference was just the sort of technical call to which the court owes “significant deference.” It rejected the broadcasters’ challenge, arguing TV stations had not provided a basis for their claim  the band could not be opened up without “a significant risk of harmful interference.”

But while the court denied the petitions to review in most respects, it did say the FCC had not sufficiently responded to a request from broadcasters that it reserve a sliver of the band exclusively for mobile licensees, so that aspect of the decision was remanded to the FCC for "further explanation."

NCTA said that explanation is easy. In its comments, it said the FCC should tell the court ASAP that broadcasters‘ unsupported assertions “do not alter the Commission’s conclusion that the risk of harmful interference to mobile indoor operations from unlicensed 6 GHz low-power indoor (LPI) devices is
insignificant.” ■

Cable operators are telling the Federal Communications Commission to vigorously defend its conclusion that it can open up the 6-Gigahertz band to unlicensed mobile indoor WiFi without causing harmful interference with broadcast electronic newsgatherers (ENGs), which also use the band.

NCTA-The Internet & Television Association told the FCC in comments that broadcasters had not provided any credible evidence of harmful interference to mobile indoor operations. “The commission can easily dispel [the National Association of Broadcasters’] concerns,” it said, encouraging the regulator “to do so promptly to ensure that American consumers can benefit from the panoply of innovative services and applications that unlicensed access to the 6-GHz band will make possible.”

The U.S. Court of Appeals for the D.C. Circuit in December upheld most of the FCC’s decision, but did say the agency had not sufficiently responded to a request from broadcasters that it reserve a sliver of the band exclusively for mobile licensees due to potential interference. It asked the FCC to make a better case.

NCTA's comments were in response to that court remand.

NAB Appeals 6-GHz Order

Petitioning the court to reverse the FCC’s decision were AT&T, Lumen Technologies, electric utilities, the Association of Public-Safety Communications Officials International (APCO), and the NAB.

Broadcasters had argued for protecting ENG crews already using the band by reserving an 80-MHz sliver for them, saying there was too much risk of harmful interference to that ever-more-crucial service in a time of pandemic.

But FCC engineers concluded that the band could be shared and ENG (and utility companies) protected with the conditions the agency had imposed. All of the commissioners agreed, but at least on the point of a sliver for mobile licensees, the court did not.

NCTA said the FCC should be able to assuage the court's concerns given what it calls the “insignificant” risk of harmful interference. ■

Broadcasters said they are willing to compromise on the amount of licensed spectrum they have wanted the FCC to carve out of the 6 GHz band.

That came in a letter to the commission from the National Association of Broadcasters, which has been trying to insure that licensed mobile operations can preserve a protected space--including guard bands--as the FCC opens up the band for unlicensed use.

Broadcasters use the 6-GHz band for broadcast auxiliary services (BAS) operations such as sporting events, breaking news and special events.

NAB had sought 80 MHz (plus a 5 MHz guard band), leaving 1120 MHz for unlicensed, but now said it could live with 55 MHz. That is because UK spectrum regulator Ofcom has proposed reserving 55 MHz at the top of the band for what it calls "program making and special events."

Broadcasters are concerned about interference to their newsgathering operations if there is no reserved and protected space.

NAB said that following suit with a 55 MHz carveout--two 25 MHz channels and a guard band--in the U.S. would have the benefit of harmonizing the band's use internationally. Another benefit would be to resolve an appeals court remand of the FCC's 6 GHz order that centered on NAB's issues with protecting mobile operations. ■

A federal appeals court has upheld most of the Federal Communications Commission's decision to open the 6-GHz band to unlicensed use.

The U.S. Court of Appeals for the D.C. Circuit, in a decision handed down Tuesday (December 28), said that the FCC conclusion on the risk of harmful interference was just the sort of technical call that the court owes "significant deference."

The FCC voted unanimously in April 2020 to allow the entire 1,200 Megahertz of the 6-GHz band to be shared with unlicensed WiFi, at the time the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices — video streaming, video calls — and connecting internet of things (IoT) devices to the internet. Cable operators and technology companies supported the move. 

The D.C. Circuit said those challenging the decision had not provided a basis for challenging the FCC's conclusions that that could be done without "a significant risk of harmful interference."

Also: Utilities Seek FCC Stay of 6 GHz Order

While the court denied the petitions to review in most respects, it did say the FCC had not sufficiently responded to a request from broadcasters that it reserve a sliver of the band exclusively for mobile licensees, so the commission will have to get back to the court with a "further explanation" on that point.

Utility companies, broadcasters and public safety, all incumbent users of the band, pushed back on the FCC's no-harm, no-foul conclusion. Just this month, utility companies asked the FCC to stay the order until the court weighed in.

Petitioning the court to reverse the FCC decision were AT&T, Lumen Technologies, electric utilities, the Association of Public-Safety Communications Officials International (APCO), and the National Association of Broadcasters.

Broadcasters had argued for protecting the electronic news gathering (ENG) already using the band by reserving an 80 MHz sliver for them, saying there was too much risk of harmful interference to that even-more-crucial service in a time of pandemic.

But FCC engineers concluded that the band could be shared and ENG (and utility companies) protected, with the conditions the FCC had imposed. All the FCC commissioners agreed, but at least on the point of a sliver for mobile licensees, the court did not.

"Today’s decision is an important step in clearing the way for next generation WiFi access at a time when it is needed most," said FCC chairwoman Jessica Rosenworcel. "In this pandemic so much of modern life has migrated online. Six-GHz WiFi will help us address this challenge by offering more access in more places, faster speeds, and better performance from our WiFi networks.  It will also help us in our mission to connect everyone, everywhere.  That’s good for consumers, for broadband deployment, and for the nation’s wireless economy. 

"I want to thank the outstanding professionals in the FCC’s Office of General Counsel for their strong defense of the FCC’s work in this proceeding, as well as the Office of Engineering and Technology and the Wireless Telecommunications Bureau for their careful and expert work in addressing the complex technical issues presented in the record. It is encouraging to read the Court’s strong approval of this work and we look forward to addressing on remand the narrow issue that the court identified.”

“NCTA is gratified that the D.C. Circuit has upheld virtually all of the Federal Communications Commission’s 6 GHz Order," said NCTA–The Internet & Television Association, the cable broadband industry group. "Because of the Commission’s unanimous, bipartisan 6 GHz Order, U.S. consumers will soon have greater access to next-generation Wi-Fi technology to meet their rapidly growing need for broadband internet access. The Commission’s carefully crafted technical rules ensure that these new technologies, which are already entering the marketplace, can flourish without causing harmful interference to licensed users in the band. The Court’s decision on the Commission’s 6 GHz Order, while seeking further explanation of one narrow issue, is a victory for consumers, businesses, and the U.S. economy. We hope and expect that the Commission will promptly clarify the single limited issue on remand.”

"The Court’s decision is a starting gun for completing the rulemaking so that consumers can fully benefit from this historic expansion of unlicensed spectrum," said Michael Calabrese, director, Wireless Future Project at New America. "The Commission’s remaining challenge is to increase the indoor power levels to allow whole-home Wi-Fi and to authorize the very-low-power peripheral devices that will make this band fully functional for AR, VR and other innovation.

"The FCC’s world-leading 6 GHz Order allows every American consumer, business, school and venue to use 5G-quality applications, including augmented and virtual reality on mobile devices, provided they have access to a high-capacity fixed internet connection."

Calabrese also wanted to provide the FCC some help in explaining why it did not reserve the spectrum broadcasters had asked.

“The Court’s remand is far narrower and easily explained," Calabrese said. "In fact, the answer to the Court’s question is implicit in the FCC’s bipartisan goal to generate enormous future benefit for consumers and the economy by opening very wide and contiguous channels that will power the next two generations of gigabit-fast Wi-Fi technology."

"The D.C. Circuit’s opinion upholding the vast majority of the FCC’s 6 GHz Order is welcome news to WISPA’s fixed wireless operator members," said Louis Peraertz, VP of policy for WISPA, the wireless internet service providers association. "In rejecting more than a dozen technical arguments from several petitioners, the Court deferred to the FCC in the exercise of its engineering judgment. The D.C. Circuit remanded, however, a portion of the 6-GHz Order for not adequately responding to the request of licensed broadcasters that the Commission reserve a 'sliver' of the 6-GHz band for mobile licensees because of the interference they faced in the 2.4-GHz band. We look forward to the FCC resolving this and the remaining technical issues in the pending Further Notice of Proposed Rulemaking proceeding so the Agency can finalize its decision to unlock the 6 GHz band for unlicensed standard power use for outdoor operations." ■

Utility companies are continuing to press their opposition to the FCC's decision to open the 6 GHz band to more unlicensed Wi-Fi, saying the FCC needs to stop certifying low-power devices and revoke the certifications they have already granted.

The Utilities Technology Council, joined by almost a dozen other utility associations, has filed a petition for rulemaking and request for a stay of the FCC order, saying the stay will "radiofrequency interference to their mission-critical communications from unlicensed operations in the 6 GHz band prevent."

Also: Utilities Seek Pause in 6 GHz Certifications

The FCC voted unanimously in April 2020 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.

The FCC is allowing low-power indoor Wi-Fi devices but UTC and company said their "real world testing" has shown that can interfere with licensed operators in the band, an interference threat they said is "imminent and substantial."

A showing of real harm absent the stay is one of the high bars for such an action.
Cable operators supported the FCC move while broadcasters argued for protecting the electronic news gathering (ENG) already using the band by reserving 80 MHz for them, saying there was too much risk of harmful interference to that even-more-crucial service in a time of pandemic.

FCC engineers concluded that the band could be shared and ENG (and utility company) protected, with the conditions the FCC had imposed. All the FCC commissioners agreed. ■

Broadcasters are not happy with a compromise 6 GHz band proposal offered up by computer companies that want to use the band for very low power (VLP) unlicensed transmissions. That is because it could concentrate unlicensed use in the band used for broadcast electronic news gathering (ENG).

Also Read: WiFi Alliance Tackles AT&T ^ GHz Challenge

The compromise proposal filed to the FCC last week by Facebook, Intel, Broadcom and Cisco, attempts to avoid concerns about VLP devices in cars interfering with intelligent transport systems (ITs), like collision aversion, that operate in the adjacent 5.9 GHz band. But the solution is to prioritize that VLP unlicensed use at the top of the 6 GHz band (channels above 6105 MHz), and restrict out-of-band emissions further for operations below that.

The FCC voted unanimously in April 2020 to open up all the 6 GHz band for unlicensed, freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet. FCC engineers concluded that the band can be shared and ENG protected, with the conditions the FCC has imposed.

The FCC then voted in November 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 ITS vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

Problem is that broadcast ENG uses the top of the band where the FCC wants to make it easier for unlicensed to operate.

In a response to the computer company proposal, the National Association of Broadcasters said the proposal could have the "perverse effect" of top loading unlicensed operations in ENG spectrum, and at a time that local newsgathering "has never been more important." It did not say during a pandemic, or when trusted local news is vital admits a sea of fake news, but NAB has made both those points frequently about the increased value of already valuable local news.

NAB said the fact that the computer companies are trying to distance unlicensed spectrum from ITS "appears to reflect an implicit concession that VLP operations may cause interference to licensed operations when VLP operations are in close proximity to licensed users."

NAB certainly agrees since it was concerned--enough to sue the FCC over the issue--that even were unlicensed not top-loaded, ENG operations like getting video from the field to the studio could easily be interfered with by VLP devices.

It points out that the FCC rejected the NAB's proposal to forbid unlicensed operations in 80 MHZ of the 1,200 MHZ in the band (as an ENG safe space of sorts) because the commission said concentrating unlicensed operations in fewer channels would increase the likelihood of harmful interference.

Also Read: NAB Slams Facebook Over 6 GHz

NAB obviously doesn't agree, but said the FCC "cannot reasonably conclude that a small reduction in available spectrum [NAB's 80 MHz safe space] would meaningfully increase the potential for harmful interference and subsequently agree that VLP operations should be concentrated in the portion of the band [above 6105 MHz] where broadcasters operate."

The Biden and Trump Justice Departments have at least one thing in common: Both support opening up the entire 6-GHz band for WiFi, a move pushed by cable operators and computer companies.

The Federal Communications Commission, under then-chairman Ajit Pai, voted unanimously last April to allow all 1,200 megahertz of the 6-gigahertz band to be shared with unlicensed WiFi, the regulator’s latest move in freeing up more spectrum for connecting 5G in-home devices — to enable video streaming and video calls — and for connecting internet of things (IoT) devices to the web.

The WiFi Forward coalition, whose members include NCTA–The Internet & Television Association and Google, has said that opening up the GHz band, combined with the FCC’s plan to free up 5.9 GHz spectrum, also for unlicensed WiFi, will add at least $183.44 billion to the U.S. economy over the next five years.

The FCC voted in October 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.

Broadcasters, telecoms and electric utilities, all using the 6-GHz band, tried to get the FCC to reconsider the decision, concerned about interference from unlicensed broadband access devices. When the FCC rejected that petition, they sued the commission in the U.S. Court of Appeals for the D.C. Circuit, which has principal jurisdiction over the regulator’s decisions.

AT&T, the lead party in the suit against the FCC, other telecoms and utility companies use the spectrum for backhaul. And while the telecoms are all for expanding WiFi, they said the FCC was opening up the entire band without what they argued were sufficient protections for incumbents.

Broadcasters favored protecting those already using the band for electronic news gathering (ENG) by reserving 80 MHz exclusively for journalists, saying there was too much risk of harmful interference to that even-more-crucial service in a time of pandemic.

The FCC, though, was convinced it could open up the entire band and still protect the incumbents, including by employing power limits. 

The Biden administration agreed, to the applause of Google and cable operators. Justice joined with the current FCC on a brief to the appeals court to that effect. 

The DOJ said it was satisfied the FCC knew what it was doing in imposing technical and operational limits on WiFi use of the band and deferred to the FCC’s expert judgment that those would prevent harmful interference.

Citing their indoor and outdoor use of the band for ENG, broadcasters were back at the FCC late last month contending there were “no 6-GHz unlicensed deployments that would provide real-world experience supporting the commission’s already tenuous conclusions about the likelihood of interference to licensed services.” 

The Wi-Fi Alliance, joined by cable and computer companies, is telling a federal appeals court that the FCC was correct in concluding that there is a critical unlicensed spectrum shortage that opening up the 6 GHz band for sharing with unlicensed Wi-Fi will help address. They said the court should reject a challenge to that decision.

AT&T took the FCC to court over the decision because it, along with Verizon and other telecoms, as well utility companies, use the spectrum for backhaul. While the telecoms are all for expanding Wi-Fi, they told the court that opening up the entire band without sufficient protections for incumbents, as they have asserted, was the wrong way to do it.

Utilities and broadcasters, who use the spectrum for electronic news gathering (ENG) have also challenged the decision.

Also Read: Court Denies Emergency Stay of 6 GHz Order

In a brief Wednesday (March 3) to the U.S. Court of Appeals for the D.C. Circuit intervening on behalf of the FCC, the Wi-Fi Alliance was joined by NCTA-the Internet & Television Association as well as individual companies Apple, Broadcom, Cisco, google, Hewlett Packard, Intel and Microsoft, all of whom are all for opening up as much spectrum for unlicensed Wi-Fi as possible.

They told the court that the 6 GHZ band was ideal for sharing with incumbents and the claims that the FCC was "impermissibly" exposing those incumbents to harmful interference misconstrued both the FCC's order and its interference rules, which empowers and obliges the FCC to determine what interference risk is significant, as it did in this proceeding, including by determining that public safety communications would not be harmed.

They said that the fact that AT&T disagreed with the FCC is no reasons to overturn the order.

The FCC voted unanimously April 23 to allow the entire 1,200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.

In August, the FCC denied petitions by public safety officials and utilities to stay its decision to open up the entire band. Cable ops and computer companies are squarely behind the FCC.

Utility companies and others are pitching the new FCC acting chair and commissioners on pausing any further certification for unlicensed devices in the 6 GHz band, which the FCC voted unanimously to open up for WiFi.

In a letter to the commissioners, public safety and power companies asked them to immediately "pause any additional equipment certification approvals for 6 GHz unlicensed low-power indoor ('LPI') devices" until more testing can be done.

Also Read: Utilities Sue Over 6 GHz Order

The FCC voted unanimously April 23, 2020 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed WiFi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet. 

Cable operators supported the proposal, while broadcasters argued for protecting the electronic news gathering (ENG) already using the band by reserving 80 MHz for them, saying there was too much risk of harmful interference to that even-more-crucial service in a time of pandemic.

FCC engineers concluded that the band could be shared and ENG protected, with the conditions the FCC has imposed, and the FCC commissioners agreed.

But in the COVID-19 appropriations act, some members of Congress suggested more needed to be done. 

"The FCC is directed to provide a report to the Committees within 90 days of enactment of this Act [by March 27] on its progress in ensuring rigorous testing related to unlicensed use of the 6 gigahertz band," the groups pointed out, quoting from the legislation. They said they were eager to get such rigorous testing underway.

Also Read: NCTA, OTI Oppose 6 GHz Recon Petitions

WiFi Forward, whose members include cable broadband operators that rely on WiFi for their primary mobile broadband play, urged the FCC not to pause certification.

"The FCC unanimously ruled that Wi-Fi and point-to-point microwave systems can safely share the 6 GHz band," WiFi Forward said in a statement. "It did so after an exhaustive technical proceeding and having considered extensive engineering submissions by all sides. And now consumers are benefitting as companies seek final FCC certification and bring new devices to market. Americans need more Wi-Fi spectrum and devices now more than ever before and this careful process should continue."

The Wi-Fi Alliance is applauding South Korea for opening up a key spectrum band for Wi-Fi use.

According to the alliance, the Korean Ministry of Science and ICT (MSIT) has agreed to allow Wi-Fi operations in the 6 MHz band.

elated: D.C. Weighs in on FCC's 6GHz Unlicensed Vote 

"With this decision, South Korea becomes the first country in Asia-Pacific to harness additional economic value from unlicensed spectrum and realize the transformative socioeconomic benefits of Wi-Fi 6E," said the alliance, whose backers include Comcast, Qualcomm and Motorola.

The alliance pushed hard, and ultimately successfully, for the U.S. to open up the band.

The FCC voted unanimously April 23 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet. 

FCC Chairman Ajit Pai was celebrating Thursday (Oct. 1) after the U.S. Court of Appeals for the D.C. Circuit denied emergency stays sought by AT&T and others of the FCC's decision to open the 6 GHZ band for unlicensed Wi-Fi, something cable broadband operators have been pushing for.

AT&T, Verizon and other telecoms, as well utility companies, use the spectrum for backhaul and while the telecoms are all for expanding Wi-Fi, suggested opening up the entire band without what they argued were sufficient protections for incumbents, was the wrong way to do it.

The court will still hear the underlying challenge of telecoms, public safety officials, and utilities to the FCC order, but won't stay the decision in the interim.

Pai tweeted that the court's decision was "great news for consumers," whom he said would benefit from the "super-fast" Wi-Fi.

The court is giving the parties 30 days to submit a joint proposal for filing briefs in the case.

In August, the FCC denied petitions by public safety officials and utilities to stay its decision to open up the entire band. Cable ops and computer companies are squarely behind the FCC.

The FCC voted unanimously April 23 to allow the entire 1,200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.

"In the midst of the national COVID-19 crisis when many Americans are relying on low-cost Wi-Fi for bandwidth intensive work, school, medicine and other accommodations, the FCC's 6 GHz rules are critical to meet the growing demand for Wi‑Fi connectivity while at the same time protecting public safety and utility operations," said the Wi-Fi Alliance. "[We] will continue to support the FCC in its effort to defend the public benefits generated by affordable unlicensed connectivity that technologies like Wi-Fi will deliver in the 6 GHz band."

“The court’s ruling is great news for the tens of millions of workers and students who may be learning and working from home well into next year," said Michael Calabrese, director of the Wireless Future Program of the Open Technology Institute. "For those with fixed broadband connections, the capacity of Wi-Fi is becoming the biggest constraint on high-capacity connectivity. If the FCC adopts the somewhat higher power level it is considering for indoor-only use, consumers and the economy will benefit from affordable and gigabit-fast Wi-Fi early next year.”

The FCC has denied petitions by public safety and utility organizations to stay its decision to open up the entire 6 GHz band for unlicensed WiFi use pending judicial review.

In an order issued Thursday, from Ronald Repasi, acting chief of the Office of Engineering and Technology, the FCC said that neither the Edison Electric Institute (EEI) nor the Association of PublicSafety Communications Officials-International, Inc (APCO) had shown they were likely to win their case on the merits, had not shown their members would suffer irreparable harm absent a stay, had not shown that others would not be harmed by a stay, or that the stay was in the public interest, all of which boxes need to be checked to earn a stay.  

Both are seeking court review of the FCC's order. 

OET pointed out that the FCC had taken two-and-a-half years to come up with a way to accommodate shared use of the band, and was under pressure from Congress to free up more spectrum for unlicensed. It had reviewed over 150 comments, including from APCO and EEI, before making its decision on a way forward, OET pointed out. 

"We find that both APCO and EEI have failed to demonstrate that the extraordinary equitable relief of a stay is warranted," it concluded. OET pointed to the deference courts generally accord FCC technical judgments as one reason APCO and EEI were unlikely to succeed on the merits. 

The FCC voted unanimously April 23 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed WiFi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.   

Related: NCTA, OTI Oppose 6 GHz Recon Petitions 

While APCO withdrew its petition for reconsideration at the FCC it did not withdraw its stay petition. The FCC said the former arguably mooted the latter, but it would address APCO's arguments as well as EEI's. 

"OET made the right decision today to deny the petitions of EEI and APCO to stay the FCC’s 6 GHz Order," said Louis Peraertz, VP of policy at the Wireless Internet Service Providers Association (WISPA). "The Commission made a thorough examination of the 6 GHz proceeding, which was open, diverse and robust, and properly chose not to require AFC for low power indoor devices or location-accuracy requirements for standard-power access points to define exclusion zones in the band...We look forward to the Commission’s resolution of the remaining issues which includes WISPA’s request that the agency allow standard-power access points used in fixed point-to-point applications to operate at higher power levels." 

NCTA-The Internet & Television Association and New America’s Open Technology Institute have asked the FCC to proceed with freeing up the entire 6 GHz band for unlicensed (Wi-Fi) devices and reject petitions to reconsider that decision filed by CTIA, Verizon and the Fixed Wireless Communications Coalition (FWCC).

The FCC voted unanimously April 23 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.  

Related: NAB Says FCC Spectrum Plan Could Hurt ENG at Crucial Time

Among CTIA's concerns was that the FCC allowed low-powered (actually very low powered, or VLP) indoor and outdoor use without automated frequency coordination (AFC). It cited the potential interference with incumbents. Among those are utility companies and broadcast news gatherers, which have already sued the FCC over the decision. 

Both NCTA and OTI say that getting access to all that Wi-Fi spectrum is crucial. NCTA says unlicensed use has reached an inflection point and that allowing for low-power indoor use across the entire 1,200 MHz of the band is a step along the right path from that point. 

NCTA argues the FCC should reject FWCC's suggestion the FCC did not sufficiently protect incumbent users. As to the FCC's decision not to clear and reserve a portion of the band for licensed wireless use, it says that decision was neither arbitrary nor capricious. "CTIA simply recycles points that it has previously advanced, which the Commission comprehensively addressed in the 6 GHz Order, and fails to identify any valid basis for reconsideration," NCTA says. 

OTI argues that CTIA's petition fails to assert a “material error, omission, or reason” to ask the FCC to reconsider the decision, other than CTIA disagreed with the outcome.  

OTI also says there are no "changed circumstances" that would justify reconsideration. To the contrary, it says, the FCC has already fully considered the arguments CTIA is reiterating, before making a "well reasoned" decision to allow unlicensed use across the entire 6 GHz band, rather than clear some of the upper band for flexible licenses sold at auction. 

They want the FCC to either dismiss the petitions, or deny them on the merits.

Unlicensed fans WiFi Forward, whose members include cable broadband providers, has said that opening up the 6 GHz band. combined with the FCC's plan to free up 5.9 GHz spectrum, also for unlicensed Wi-Fi, will add at least $183.44 billion to the U.S. economy over the next five years.

The Utilities Technology Council has joined broadcasters in suing the FCC over its decision to allow unlicensed use in the entire 6 GHz band. 

"The Federal Communications Commission acted unlawfully and against the public interest when it permitted a host of new users into a vital spectrum band that will likely cause communications challenges for public safety and critical-infrastructure industries," the council told the court in its petition. 

Electric utilities--and broadcast news gatherers--use the band and are concerned about interference from unlicensed broadband access devices. 

The council wants the court to: 

(1) "Hold that the FCC’s rules in the Report and Order unlawfully authorize unlicensed low power indoor operations without sufficient safeguards to prevent harmful interference to licensed operations; 

(2) "Hold that the FCC was arbitrary and capricious in failing to adequately consider studies on the record that show that unlicensed operations will cause harmful interference to licensed systems; 

(3) "Vacate those portions of the Report and Order the Court finds to be arbitrary and capricious or otherwise unlawful or defective; 

(4) "Remand to the FCC for proceedings consistent with the Court’s findings..." 

The FCC voted unanimously April 23 to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed WiFi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet. 

Last week, the National Association of Broadcasters filed its suit, saying the potential interference could affect life-saving local news and information during the pandemic.

Both appeals are to the U.S. Court of Appeals for the D.C. Circuit, the court of principal jurisdiction over FCC decisions. 

Broadcasters have gotten serious about trying to stop the FCC from allowing unlicensed use of the 6 GHz band. 

The National Association of Broadcaster Friday (July 24) has appealed the FCC's 6 GHz decision, asking the U.S. Court of Appeals for the D.C. Circuit to vacate the order, as well as "hold unlawful, enjoin and set [it] aside," leaving no doubt about what broadcasters think about it.

NAB's McFadden Slams OTI, Facebook Over 6 GHz

NAB said the FCC did not protect incumbent users, including broadcasters, from potential interference.

Broadcasters had requested that the FCC carve out from the sharing proposal the 80 MHz of spectrum they use for electronic newsgathering, which they argue would be subject to potential interference from computers and other devices tapping into that unlicensed spectrum.

The FCC had instead, in a unanimous vote April 23, opened all of the band for unlicensed. 

NAB has cried foul: "The Order unlawfully fails to protect the myriad existing licensed users in the band from potential interference arising from such unlicensed use," it told the court. "Television broadcasters in particular have both fixed and mobile operations in the 6 GHz band, which require different protective measures to be adequately insulated from harmful interference. The Order neglects to include proper safeguards for either type of broadcast operation."

NAB has pointed out that during the pandemic, the need for that local news gathering to get to its audience unimpeded is even more important. 

The Public Interest Spectrum Coalition (PISC) is warning the FCC not to "pull the technical rug" out from under the FCC's own efforts to boost unlicensed WiFi. 

That came in comments on the FCC's proposal to allow very low power (VLP) unlicensed devices to operate throughout the 6 GHz band, indoors and outdoors, which means sharing with broadcast and utility company incumbents, and low power devices to operate indoors only, both of which the coalition supports. 

Related: FCC Opens All of 6 GHz Band for Unlicensed

But it is concerned that the FCC could strike an "arbitrary" agreement with those incumbents on the indoor-only power levels that might appear to be a compromise but that the coalition said could instead undermine the enormous benefits of WiFi if in practice it makes routers "far more costly, complex, and less useful for the average household or small business." 

The FCC has tentatively concluded that power levels to indoor-only devices up to 8 dBm/MHz are acceptable. The coalition said it should stick with that absence convincing evidence that it would "substantially increase the risk of harmful interference" to incumbents. 

Broadcasters are worried that the new unlicensed users could cause harmful interference to electronic newsgathering and field-to-studio transmissions in the band. 

"NAB is disappointed the FCC is allowing uncoordinated unlicensed use across the entire 6 GHz band," National Association of Broadcasters executive VP of communications Dennis Wharton said at the time of the FCC vote to approve the 6 GHz sharing. "Unlike in other recent proceedings, the Commission did not bring stakeholders together to seek compromise."  

PISC doesn't want it to start now, particularly since it doesn't see it as a "compromise" but as a potential capitulation to incumbents.

PISC members include the Open Technology Institute, Consumer Reports, Public Knowledge, Common Cause and the National Hispanic Media Coalition. 

The FCC's Office of Engineering & Technology (OET) has denied a request to extend the comments in its decision to open up more spectrum for 5G. Wi-Fi fans, including cable ops, had asked the FCC to deny it. 

On April 23, the FCC voted unanimously to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed Wi-Fi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet. 

Related: D.C. Weighs in on FCC's 6GHz Unlicensed Vote 

The Ultra Wide Band Alliance (UWB Alliance) had asked for a 30-day extension and the Wi-Fi Alliance had asked the FCC to deny that request.  

The alliance also said that "the continued shut-down due to the COVID-19 pandemic has made the normal operation of business exceedingly difficult for commenters and indicated that lab-based testing, which would be required to thoughtfully answer the Commission’s questions has been greatly hampered." 

The Wi-Fi Alliance won the day.  

"The window originally provided for comments and reply comments is adequate to develop complete, fully supported comments and reply comments," OET said. 

It said that even though it conceded COVID-19 had affected normal business operations, "most, if not all, of the States have started to resume business activities, which should provide the ability to conduct most, if not all, tests that parties plan to conduct." 

The FCC has voted unanimously to allow the entire 1200 MHz of the 6 GHz band to be shared with unlicensed WiFi, the FCC's latest move in freeing up more spectrum for connecting 5G in-home devices--video streaming, video calls--and connecting IoT devices to the internet.

Related: NAB Says FCC Spectrum Plan Could Hurt ENG at Crucial Time

That came at the FCC's April 23 public meeting-by-teleconference.

Related: FCC Gets Together, Apart in Age of COVID-19

In 850 MHz of the band, the FCC will allow standard power unlicensed use under an automated frequency control (AFC) system to protect incumbent users. The entire band can be used for indoor unlicensed use at very low power without AFC, and the FCC is proposing a new class of devices that can operate indoors and outdoors across the entire band.

Unlicensed fans WiFi Forward has said that opening up the GHz band. combined with the FCC's plan to free up 5.9 GHz spectrum, also for unlicensed WiFi, will add at least $183.44 billion to the U.S. economy over the next five years.

Cable operators supported the proposal, while broadcasters argued for protecting the electronic news gathering (ENG) already using the band by reserving 80 MHz for them, saying there was too much risk of harmful interference to that even-more-crucial service in a time of pandemic.

FCC engineers have concluded that the band can be shared and ENG protected, with the conditions the FCC has imposed, and the FCC commissioners agreed.

FCC commissioner Michael O'Rielly called it "a fantastic day for unlicensed services and the millions of Americans who use them." He said that other than the 5.9 GHz slice, no other spectrum provided as great an opportunity given its proximity to the 5 GHz band that currently carries most of the WiFi load.

He said he strongly disagreed with those who said unlicensed didn't need the entire band. In addition to broadcasters wanting a sliver reserved for ENG, wireless companies had suggested auctioning some of the upper portion of the band for licensed use.

"Today’s action is also very timely, as the COVID-19 pandemic has demonstrated the importance of our WiFi systems in keeping those in isolation connected to the outside world," he said.

Related: Conservatives Push for All 6 GHz to Be Freed Up For Unlicensed

FCC chair Ajit Pai noted the pandemic had changed nearly every aspect of daily lives, with WiFi allowing for distance learning and virtual telehealth, and "stream Tiger King on Netflix."

He said it was a bold step to increase the supply of WiFi spectrum, increasing midband spectrum for unlicensed by almost a factor of five. He said the item would help promote IoT but also insure incumbents are protected from harmful interference.

FCC commissioner Brendan Carr said that the pandemic may give a sense of what trasnformative innovations freeing up that spectrum could unleash, including two-way video connections to help students and teachers interact or virtual reality shopping from the safety of home.

Commissioner Jessica Rosenworcel said the pandemic has ushered in remote work as never before, and WiFi has never been more important. "[W]ith this decision on unlicensed spectrum we do well by the law, we add more permissionless airwaves to the wireless economy, and we expand the democratizing force of having more WiFi in more places," she said, adding an "amen."

“Even for those who can’t afford the new equipment that will take advantage of the new spectrum and the latest iteration of WiFi, speeds for their devices should increase as existing WiFi traffic moves to the new spectrum," said commissioner Geoffrey Starks. "Low-income consumers purchasing discounted broadband plans will realize the full benefits of their subscriptions, as the WiFi channels within their homes become less congested and data flows more freely. The new spectrum is also expected to spur new efforts by many broadband providers, retailers, restaurants, and others that offer free public WiFi access at hotspots across the nation.”

Today the U.S. Federal Communications Commission forever altered the future of WiFi. Thanks to their action, a new generation of innovation is now possible," said Scott Harwell, SVP at Cisco. "With today’s vote, the FCC authorized 1200 MHz of 6 GHz spectrum to be opened for indoor WiFi use. This is a bold action, taken with deep knowledge of both the technology trajectory of WiFi and demand from consumers and businesses alike. Bold action is needed, as we are all discovering as we work from home, learn from home, and play at home – and stream more video than ever before. Those of us who helped build WiFi and who are responsible for its future send congratulations and thanks to the FCC. We promise to make good use of this resource.”

Rep. Jerry McNerney (D-Calif.) told the FCC to stay the course on chairman Ajit Pai's proposal to open all the 1200 MHz of the 6 GHz band to unlicensed WiFi.

Silicon Valley is solidly behind the proposal, as is McNerney, who wrote Pai earlier this year calling for all the spectrum. 

Broadcasters who use part of it for electronic news gathering (ENG) are not assuaged by Pai's assurances their spectrum can be shared without potential harmful interference and have asked the FCC to reserve 80 MHz of that 1200 MHz of spectrum for that purpose, saying that the pandemic has put an exclamation point on the importance of local news and information, which is the nation's go-to source, and which allowing unlicensed on the entire band could threaten. 

Related: NAB Slams Computer Companies over 6 GHz Stance 

McNerney sees it differently, also citing COVID-19. 

“This pandemic has made what was already a pressing need for additional unlicensed spectrum even more urgent," he said Wednesday (April 22) in a statement. "As we adjust to what is likely going to be the new normal—one in which our world moves increasingly online and we rely on WiFi for teleworking, distance learning, telehealth, and participating in everyday life, it is even more important now that additional spectrum be allocated for unlicensed use. I am pleased to see that consistent with what I have called for in the past, chairman Pai is moving forward with making all 1200 MHz of the 6 GHz band available for unlicensed use while also taking steps to protect incumbent users operating in the band from harmful interference. This spectrum will be critical for unlocking innovation, creating new opportunities for American consumers and businesses, and narrowing the digital divide.” 

Cable broadband operator are also cheering the freeing up of more unlicensed WiFi for the hotpots that are their primary mobile broadband play.

Private LTE network tech vendor Federated Wireless has raised an additional $13.7 million in series C funding, adding to $51 million in investment that was announced in September.

The money is coming from the same sources, Allied Minds and Pennant Investors. Arlington, Virginia-based Federated Wireless said the investment will be used to pursue partnerships with cloud computing companies Amazon Web Services and Microsoft Azure.

Also read: CBRS Specialist Federated Wireless Secures Another $51M in Funding

Having already built a business provisioning private wireless LTE networks built around 150 MHz of Citizens Broadband Radio Service spectrum, Federated Wireless is now developing a connectivity-as-a-service (CaaS) business built around the 6 GHz band.

With the FCC set to soon finalize the rules regarding 6 GHz sharing, Federated said its CaaS offering will expand to provide a path to 1,000 MHz of shared spectrum, taking advantage of both Wi-Fi 6 and 5G in the 6 GHz band to enable data transfers of up to 10 Gbps. Caas, the vendor added, will enable enterprises to order the business connectivity services they need with a single click from AWS or Azure. Federated Wireless will deliver and manage the network.

In March, Federated Wireless said that its Spectrum Controller platform, already widely deployed for FCC-sanctioned use in the CBRS frequency range, is being extended to cover spectrum in the 6 GHz band.

Also read: Federated Wireless Extends Spectrum Controller for Unlicensed 6 GHz Use

“The rapid adoption and general enthusiasm that we have seen since FCC approval for commercial deployment of CBRS is even greater than we anticipated, and is driving both Federated Wireless and the wireless industry as a whole to new heights,” said Iyad Tarazi, president and CEO of Federated Wireless, in a statement. “Our newest developments, CaaS and extending the Spectrum Controller to 6 GHz, have greatly expanded our footprint and our opportunities, and I would like to thank our investors for continuing to support us as we continue to grow.”

According to Federated Wireless’ Crunchbase profile, the company had raised $120 million before this latest series C round addition.

“Over the last three decades, control and management of scarce spectrum assets has been the driver of hundreds of billions of dollars in market capitalization for wireless carriers in the US,” said Tim McDonald of Pennant Investors, also in a statement. “Federated Wireless is the clear market leader in delivering spectrum as-a-service, turning what had previously been a high fixed cost asset – spectrum licenses – into a variable, price-per-connection service. This is a game changer in wireless, enabling not only wireless carriers and cable companies, but also cloud service providers such as AWS and Microsoft, to offer valuable connectivity services over shared spectrum resources.”

Broadcasters are giving new meaning to the phrase "dynamic spectrum access" in arguing that an FCC proposal to free up WiFi spectrum in the 6 GHz band could take away electronic newsgathering spectrum just when a pandemic-sequestered nation needs it most. 

That came in phone calls last week between National Association of Broadcasting executives and FCC officials. 

An item on the 6 GHz band sharing plan is on the agenda for the April 23 meeting, but since that will be a virtual meeting, it will likely be voted beforehand as was the case with all the items at the FCC's March meeting, which was also a virtual meeting with all items voted beforehand. 

Related: FCC Proposes Opening Up Entire 6 GHz Band for Unlicensed

The FCC is planning to open up the 6 GHz band for 5G wireless but hasn't yet concluded t how and how much. NAB said it has a plan for sharing, but not the one the FCC is contemplating. The FCC's approach, NAB suggests, could have dire consequences. 

"In the face of a public health emergency and an evolving economic crisis, it has rarely been more critical to ensure that the nation’s broadcasters have the tools they need to cover complex and dynamic news," the execs told the FCC officials, including top commissioner staffers, according to an FCC document. "One of the most important of those tools is spectrum necessary to cover news events, including 6 GHz spectrum. Unfortunately, the draft order in this proceeding leaves open the possibility that this tool may effectively be taken away when broadcasters and their viewers need it most."

While the FCC's draft says that there is an "insignificant risk" to incumbent broadcast newsgathering operations, NAB said the FCC does not suggest how it drew that conclusion, or performed any independent analysis, or even what an insignificant risk is, interference .1% of the time, or 1% or 10%? 

NAB said the FCC should exclude unlicensed use in the 100 MHz being used by ENG, which would leave it 1,100 of spectrum for WiFi to share. But it also concedes that the FCC wants to free up 160 MHz channels, and as many as it can, so NAB says it could live with seven of those for unlicensed sharing (1,120), leaving ENG with 80 MHz at the top of the band not authorized for unlicensed, or even 80 MHz somewhere else in the band if necessary. 

FCC chairman Ajit Pai's proposal to allow unlicensed use of the entire 6 GHz spectrum band drew a crowd Wednesday (April 1). 

He plans to vote on the item at the April 23 meeting, or if it is another COVID-19-driven teleconference meeting, likely voted a little before that. 

Pai circulated the item Wednesday for the proposed vote.  

“We welcome the Commission’s effort to utilize the 6 GHz band to advance the next-generation of superfast WiFi connectivity while protecting existing users," said NCTA-The Internet & Television Association. "As we work from home, learn at a distance, use telemedicine services, stay informed, and play online, this spectrum band will be critical to delivering high-speed connections that nearly every consumer relies on. We look forward to working with the Chairman, Commissioners, and staff to advance this item which will enable our WiFi networks to keep up with the significantly growing demand of our digital lives.” 

Related: O'Rielly, Rosenworcel Signal CTIA's 6 GHz Proposal Isn't Way to Go 

"The last few weeks of lifeline coronavirus coverage by local TV stations have made crystal clear the value of the 6 GHz band to broadcasters and the viewers we serve," said National Association of Broadcasters EVP Dennis Wharton. "If broadcasters are to continue providing news coverage that is trusted in a crisis, we need spectrum to provide that service.

"We have previously witnessed the negative impact WiFi operations have caused to spectrum broadcasters use to cover breaking news. Opening the entire 6 GHz band to unlicensed use without strong safeguards risks locking the FCC into a mistake it cannot correct. We look forward to engaging with the FCC to discuss potential solutions, including appropriate power levels, methods for restricting indoor-only operations, and other options to protect broadcaster uses.” 

The WiFi Alliance, whose members include cable ops looking for more unlicensed spectrum for their hot spots, was applauding. 

"WiFi Alliance commends FCC chairman Pai on the momentous decision to sustain America’s technological leadership, maximize public benefit of the 6 GHz spectrum resource, and unleash the power of ubiquitous WiFi connectivity by moving ahead with the 6 GHz order," the group said. "Ensuring necessary unlicensed spectrum access is critical for WiFi--which now more than ever--keeps us connected, supports our communications infrastructure, and delivers major economic benefits. WiFi Alliance and its members are ready to deliver new 6 GHz use cases and urge the Commission to support the chairman’s proposal." 

"The WiFi industry is grateful for FCC chairman Pai’s bold leadership aimed at transforming our connected experience for the next generation," added alliance president Edgar Figueroa. "Our industry stands ready to deliver on chairman Pai's expectation of "a huge benefit to consumers and innovators across the nation."

“Intel commends the FCC for opening the 6 GHz spectrum band for unlicensed operation, which will significantly improve WiFi for all Americans," said Gregory Bryant, executive VP and general manager Intel's client computing group. "Our nation’s reliance on digital connectivity has become more apparent than ever, and this Report and Order will enable significant new capacity, ensuring a solid future growth path for the Wi-Fi ecosystem relied upon by millions of homes and businesses."

“We support the FCC’s efforts to make the lower half of the 6 GHz band available for unlicensed use and will continue to work closely with the commission to ensure rigorous protections for licensed services already existing in the band," said CTIA executive VP Brad Gillen. "While the FCC has done a remarkable job freeing up critical licensed spectrum for 5G, the United States faces a growing mid-band deficit. It is essential that the FCC and the administration develop a roadmap to close this deficit before moving forward with plans to give away the full 1200 MHz in the 6 GHz band and further limit our few remaining options.” 

“Over the last few years, I have heard from entrepreneurs and innovators discussing how dramatic the impact would be of unleashing such a large unlicensed allocation with seven 160 megahertz channels," said commissioner Michael O'Rielly. "I can’t wait to see, and use, the new services and ideas brought forward because of our work here. Conclusion of the further notice, which must be done this year, should provide further improvements and functionality.

“Today’s action to permit all 1200 megahertz of the band to be used for unlicensed services means that proposals [CTIA had one of them] to license portions of the band were not accepted. I fully support this outcome, but I also remain fully committed to identifying other mid-bands for licensed services."

Democratic FCC commissioner Jessica Rosenworcel and Republican Michael O'Rielly are in agreement that the FCC needs to free up the 6 GHz spectrum band for unlicensed WiFi and 5G ASAP, but that with the current coronavirus crisis, that may not happen as soon as they would have liked. 

They also are in agreement that a new wireless industry push to auction a portion of that 6 GHz spectrum for licensed use is not the way to go. 

That came in a conversation with Michael Calabrese of New America's Open Technology Institute for a "Next Generation Wi-Fi: Heading Off a 5G Digital Divide with Affordable Connectivity for All" event that had to move online. There were occasional buffering issues during the streamed event (see photo), and the low-angle laptop views that are not the most flattering of headshots. But those only served as a reminder of a world where a real, rather than online, virus is requiring major changes in how we communicate.  It did provide the event with a more intimate feel.

Priscilla Delgado Argeris from Facebook teed up the discussion by talking about how important it was to free up the 6 GHz spectrum, and as much as possible, for unlicensed wireless, which translates to the wireless broadband that is becoming a primary vehicle for internet access. 

The FCC is currently working on such an item.  

When it was their turn to weigh in, O'Rielly and Rosenworcel were clearly on the same page as to the importance of the spectrum being freed up for unlicensed, rather than licensed. 

Asked by Calabrese if they supported the CTIA proposal to move incumbents in the upper part of the 6 GHz band to the 7 GHz band and auctioning that upper portion for licensed use, the commissioners generally agreed with cable operators that that process would take too much time to be feasible. 

Related: Conservatives Push for All 6 GHz to Be Freed Up For Unlicensed 

O'Rielly said he would keep an open mind on the issue--the item has not been voted so he is expected not to pass any pre-judgments--and that he was mindful that wireless companies needed more license spectrum. But he also said that he did not believe CTIA's suggestion of moving 6 GHz incumbents, like utility companies, into the 7 GHz band, with its incumbent DOD users, was a viable option because he wasn't sure DOD would accept the new neighbors, and he had talked to utility companies who were more interested in making sharing with unlicensed users work. 

O'Rielly said he would continue to listen to dialogue, and if something changes he would reconsider. 

Rosenworcel agreed with her colleague. She signaled that if getting the spectrum to market quickly was important--which she has said it clearly is--10 years was too long. 

The event was marked by unusual comedy between the commissioners who are often at odds over FCC policy, though unlicensed spectrum has been a unifying issue for them.  

Rosenworcel thanks O'Rielly for his hard work, while O'Rielly returned the praise and even added efforts by former FCC chairman Tom Wheeler. 

Calabrese asked Rosenworcel whether she thought the wireless industry would have been in better shape to handle the coronavirus distance-learning workload had the 6 GHz band already been freed up, she said absolutely. She also said that when the crisis has passed, the FCC should measure where broadband networks succeeded, and where they failed to do some of its own distance learning, which she said would probably include that the country needs more WiFi and the 6 GHz band is a good place to look. 

Related: Broadcast, Cable Square Off Over 6 GHz

O'Rielly agreed there would be both positive and negative lessons learned, and the FCC would learn a lot and had a lot to do. 

Calabrese pointed out that some folks have argued that with all the 6 GHz spectrum the FCC is planning to free up, it doesn't necessarily need the "marginal" 45 MHz in the 5.9 band it wants to reallocate from licenses connected car (V2V) uses (it is leaving 30 MHz clear for V2V). 

O'Rielly immediately pushed back. He said that the 5.9 GHz spectrum is incredibly important, and that the car companies who continue to push for all 75 MHz are using problematic hyperbole to make their case. He said that the 5.9 spectrum could be repurposed almost immediately, while it would take more time for 6 GHz. He said he thought the auto industry was missing that. 

Rosenworcel pointed to the "macro" issue of incumbent licensed spectrum users resisting effort to free up spectrum for unlicensed. That included government users who push back on any clearing or sharing of spectrum below 8 GHz, even as Congress has charged the FCC with finding more unlicensed spectrum. She suggested that spectrum NMBY problem was "as old as time," but needed fixing. That is because such recalcitrance can slow down innovation and, ultimately, the economy," she said, not having to expound on the inadvisability of doing anything more to slow the economy at the present time.

The issue was bigger than 5.9 GHz, she said, and needs to be addressed "at a higher level." 

Having established a leadership position for automated frequency control (AFC) in the realm of CBRS, Federated Wireless is making a determined move to establish a beachhead in the emerging area of unlicensed use of the 6 GHz frequency band.

The Arlington, Virginia-based technology company announced this week that its Spectrum Controller platform, already widely deployed for FCC-sanctioned use in the Citizens Broadband Radio Service (CBRS) frequency range, is being extended to cover spectrum in the 6 GHz band.

The 6 GHz band is currently set aside for licensed users, including wireless carriers and MVNOs, who have deployed thousands of point-to-point microwave links to backhaul network traffic. Broadcasters, meanwhile, conduct incumbent electronic newsgathering (ENG) in the band.

Cable operators, however, are trying to expand their WiFi domain. MSOs, and pretty much everyone involved in the Wi-Fi industry, are particularly interested in accessing mid-band spectrum as interference in the 2.4 GHz and 5 GHz bands continues to increase.

Also read: Broadcast, Cable Square Off Over 6 GHz

In late 2018, the FCC issued a Notice of Proposed Rule-making (NPRM) for unlicensed use of this spectrum. That NPRM defines rules for an automated spectrum controller that would facilitate shared use of the band, opening it up to new use cases. This could include enabling data transfers of up to 10 Gbps and supporting high-density device environments including public venues and multi-dwelling units.

The FCC is expected to finalize its rules for 6 GHz unlicensed operation this year, with countries in the European Union and Asia set to follow suit in 2022. The National Association of Broadcasters is among the organizations within the broadcast industry pushing back on this move, fearing interference.

For its part, Federated Wireless said its new Spectrum Controller functionality is currently deployed in trials and is expected to be available for commercial use by the end of 2020.

“Development of an AFC to enable unlicensed use of the 6 GHz band has been something of a moving target for the wireless industry, with some saying it is technically too difficult to develop and deliver at scale, and others seeing it as necessary to protect incumbent users,” said Monica Paolini, principal and wireless industry consulting firm Senza Fili, quoted in Federated Wireless’s product announcement. “The Federated Wireless Spectrum Controller shows how an AFC can make spectrum sharing more efficient and foster adoption of Wi-Fi 6 and 5G in the 6 GHz band.”

Broadcasters and cable operators are battling over use of the 6 GHz band the FCC is looking to free up for unlicensed wireless in its relentless search for more spectrum for advanced communications.  

Broadcasters are trying to protect their incumbent electronic newsgathering (ENG) in the band while cable operators are trying to expand their WiFi domain.  Something may have to give.

Computer companies are on cable's side when it comes to freeing up the entire band for sharing with unlicensed broadband, while wireless carriers are with broadcasters in arguing the threat of interference to licensed mobile users. 

Related: Big Tech Takes Issue with NAB 6 GHz Study

In meetings with FCC engineering staffers in the Office of Engineering and Technology (OET), representatives of CableLabs, Charter and Comcast said they were convinced that there was a way to allow for use of the entire band for unlicensed use, including WiFi, which they said would "not only alleviate growing congestion on existing WiFi spectrum resources, but will also unleash unparalleled innovation with the deployment of WiFi 6, which is essential to the continued expansion of broadband performance for Americans." 

But while the cable ops told the FCC they were sure that incumbents could be protected from harmful interference and urged the FCC to move quickly to open the band, broadcasters had a very different story. 

In their own meeting with OET staffers, NAB executives said while they were willing to work with the FCC and other stakeholders to allow for unlicensed to share with some fixed uses in the band, the same was not the case for sharing with mobile ENG uses.  

NAB told the FCC that all of the current proposals are "simply incompatible with mobile broadcast operations used for electronic newsgathering – and no proposal advanced by any party to date will protect those mobile operations." 

NAB said the FCC needed to "recognize this fundamental incompatibility," and concede that unlicensed operations in those ENG portions of the band "cannot presently be authorized without creating entirely foreseeable risks for harmful interference." 

Apple, Google, Facebook and other tech giants have told the FCC that a National Association of Broadcasters study showing potential interference from unlicensed use of the 6 GHz band used by electronic newsgathering has multiple errors that invalidate it. 

NAB said that for the portions of the 6 GHz band allocated on a primary basis for licensed mobile use--like ENG--"the Commission should not permit uncoordinated unlicensed operations, whether indoors or outdoors." 

NAB contracted for an engineering study of potential interference that concluded it was a threat to "Indoor Camera to Indoor Receiver," "Outdoor Camera to News Truck," and "Outdoor News Truck to Central Receive Site." 

"ENG systems are a critical component to public warning, newsgathering and content generation," NAB told the commission.  

Google et al. disagreed. In their response to the NAB study, they said that the NAB study does not reflect the technical record in the proceeding and uses power levels at 400% higher than it should, invalidating the study.

The heads of electric and water trade associations have warned the FCC about moving too quickly to open up 6 GHz midband spectrum currently used by those utilities.

That warning came in a letter Wednesday (May 15) to FCC Chairman Ajit Pai from Sue Kelly, CEO of the American Public Power Association; G. Tracy Meehan III, executive director, government affairs of the American Water Works Association; Tom Kuhn, president of the Edison Electric Institute; Jim Matheson, CEO of the National Rural Electric Cooperatives Association; and Joy Ditto, president of the Utilities Technology Council.

Together, they pointed out, they represent almost all of the nation's utilities and water and wastewater facilities.

Those utilities say they need the spectrum for their mission-critical communications and that the FCC's proposal to open it up for unlicensed Wi-Fi use is an untested and unproven approach that the FCC is pursuing despite the concerns of utilities as others about interference and/or congestion that threatens critical infrastructure.

The utilities say that the band is already heavily employed by its licensed users, and that licensed use is more reliable and robust.

Those communications nets are "used for critical situational awareness, underpin safety functions, and enable crews to safely repair and restore services after storms," as well as "the greater deployment of distributed energy resources such as solar or battery storage, smart meters, and other technologies to enable grid modernization."

"While our collective members fully understand and appreciate the need to make more efficient use of spectrum," they said. "We strongly encourage the Commission to weigh the advantages of expanding access to the 6 GHz band with the potential negative impact this could have on critical infrastructure networks."

The letter came a day after FCC Chairman Ajit Pai was talking up 6 GHz's potential for Wi-Fi in a speech to the Wi-Fi World Congress in Tysons Corner, Va., outside Washington. He also said incumbent utilities must be protected.

“The truth is that this 6 GHz spectrum boost will launch the Wi-Fi industry into a new growth trajectory," Pai told his audience. "It will boost Wi-Fi’s massive indoor dominance. And surely—with the help of emboldened entrepreneurs everywhere—it will bring low-cost Wi-Fi (and unlicensed) connectivity to places where it has never been.”

Pai said he would need help to free up that spectrum.

"The 6 GHz band is populated by microwave services that are used to support utilities, public safety, and wireless backhaul," he said. "Each of these serves an important function that we must protect. We’re working through some complex technical issues both internally and with outside stakeholders, and that includes many in this room. I appreciate your input. But questions remain and the clock is always ticking, so I urge you to help us find creative solutions."