The U.S. Court of Appeals for the D.C. Circuit has upheld the FCC's decision to allow the 5.9 GHz spectrum used for vehicle-to-vehicle communications to be shared with unlicensed Wi-Fi, say, cable broadband hot spots, for example.

The same court had last year declined to stay that decision when asked by V2V stakeholders.

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.

That decision had been challenged by the Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials.

During oral argument before the court back in January, the FCC said that 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." The ITS groups argued that the FCC had failed to adequately explain its decision and thus had unlawfully revoked or modified FCC licenses.

The court Friday (Aug. 12) disagreed with the ITS groups "on all fronts" and denied the challenge, ruling that the FCC decision that sharing with Wi-Fi was the best use of the spectrum was neither arbitrary nor capricious given the FCC's broad authority to oversee communications.

The court pointed out that no one challenged the FCC's authority to designate the 75 MHz for ITS back in 1999, the same authority it used in 2020 to "update" the allocation to share with Wi-Fi.

As to any auto safety issues related to only giving ITS 30 MHZ--ITS said it risked interference to life-saving technologies--the court said: "The FCC adequately explained its conclusion that “30 megahertz is sufficient for the provision of core vehicle safety-related [ITS] functions.”

“The D.C. Circuit’s decision to uphold the FCC’s 5.9 GHz order is an enormous victory for American consumers," said NCTA-the Internet & Television Association. "The Commission’s unanimous, bipartisan order modernizes a band that was primarily unused for over 20 years, and today’s court decision enables that important 5.9 GHz spectrum to provide consumers with even more reliable high-speed Wi-Fi and access to next-generation automotive safety applications. We look forward to working with the Commission to build on this positive momentum and complete the 5.9 GHz proceeding.”

“Unsurprisingly, the D.C. Circuit reinforced its similar decision last December, concerning the 6 GHz band, that the FCC has wide discretion to authorize unlicensed sharing of underutilized spectrum or, in this case, to reallocate a portion of a lightly-used band to provide more bandwidth for next generation Wi-Fi," said Michael Calabrese, director of the Wireless Future Program at the Open Technology Institute at New America. "Since chairwoman Rosenworcel was a driving force behind the FCC’s unanimous 5-0 votes for to authorize unlicensed use of both the 5.9 and 6 GHz bands, consumer advocates expect she will now move quickly to complete both proceedings and maintain the U.S. position as the global leader in Wi-Fi technologies.”

New America had filed an amicus brief with the court in support of the FCC decision.

“I am very pleased that the DC Circuit has upheld the FCC’s 2020 decision to free up more mid-band spectrum for high-speed Wi-Fi and 5G in the 5.9 GHz band," said FCC commissioner Brendan Carr, who took the opportunity to talk up his former boss, under whom the FCC 6.5 GHz decision was made. "This marks another solid win for then-chairman Ajit Pai’s strong record of spectrum leadership. Those efforts included action on 280 MHz in the C Band, 45 MHz in the 5.9 GHz band, 1,200 MHz in the 6 GHz band, 30 MHz in the L Band, 200 MHz in the 2.5 GHz band, 50 MHz in the 4.9 GHz band, as well as work to prepare 100 MHz in the 3.45 GHz band for auction last year.

“At the FCC, we should welcome today’s court decision as a call to return to freeing up spectrum at the pace and cadence we have been moving," he said. "I look forward to continue to work with my FCC colleagues on doing just that.”

"Yet again, the D.C. Circuit has reaffirmed the FCC's broad discretion to reallocate spectrum for Wi-Fi and other unlicensed uses," said Andrew Jay Schwartzman, senior counselor, Benton Institute for Broadband & Society. "Today's decision is especially important because it makes clear that the FCC, not the Department of Transportation or other agencies, is the final arbiter of these assessments. The auto industry tried to hoard a wide band of spectrum, and the FCC properly found that there are better uses for it.

V2V stakeholder the 5G Automotive Association said the decision should pave the way for FCC waivers. 

“In recent months, leading public and private sector transportation stakeholders have petitioned the FCC for waiver authority to begin widescale Cellular Vehicle-to-Everything (C-V2X) operations in the remaining 5.9 GHz frequencies reserved for intelligent transportation systems," said Sean Conway, outside counsel to the association. "Now that the D.C. Circuit has acted, it is time for the FCC to take the next logical step and grant these waiver requests to enable investment and innovation in C-V2X-powered transportation safety applications.”  ■

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." ■

Automakers, equipment manufacturers and state Departments of Transportation have asked the FCC for a waiver of its current 5.9 GHz rules so they can start deploying the cellular vehicle-to-everything (C-V2X) technology the FCC anticipated in freeing up other spectrum in the band, which had been reserved for vehicle-to-vehicle communications--for 5G.

The FCC voted unanimously back in 2020 -- under former FCC chairman Ajit Pai -- to free up the lower 45 MHz of the 5.9 GHz band for wireless 5G broadband while retaining the remaining upper 30 MHz for vehicle-to-vehicle (V2V) communications, signaling that rather than the "long-stalled" DSRC V2V technology, it would be the new C-V2X technology.

Also: FCC Defends Freeing up V2V Spectrum for WiFi

In filing the joint request for waiver of the rules, the parties said the FCC was spot on in anticipating C-V2X and that there was a need to "immediately deliver C-V2X safety services to American travelers, especially as deployments accelerate in other regions of the world," services it called "state-of-the-art roadway safety."

They said it makes no sense to apply rules meant for a technology that is being sunset. ■

The FCC, backed by the Biden Justice Department, is telling a federal appeals court that it was reasonable for the commission to reclaim a swath of 5.9 GHz licensed vehicular communications spectrum for unlicensed WiFi, and it had the authority to do it.

That came in a brief filed with the U.S. Court of Appeals for the D.C. Circuit.

The Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials sued the FCC over its unanimous decision and had sought an emergency stay from the court, which denied that request in August, meaning the underlying case proceeded.

Also Read: NCTA Tells FCC To Stay on Road to WiFi 5.9 GHz Sharing

The FCC voted unanimously under former 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 its filing this week, the FCC said that its decision was reasonable and reasonably explained; that its repurposing excess spectrum to meet the burgeoning demand for unlicensed WiFi was in the public interest, and that it has the authority to repurpose spectrum and modify licenses.

On the issue reasonableness, the FCC said, there is "a pressing need for improved WiFi internet service and other unlicensed uses," and that the 5.9 GHz spectrum could be freed up "while also preserving ample capacity for present and anticipated vehicular-communications needs."

It said that was doable in part because vehicular communications have barely been employed in the band to date, while many of the anticipated uses for vehicle-to-vehicle communications have shifted to other technologies and spectrum bands.

On the other side of the coin, WiFi, which "barely existed" when V2V got the spectrum over two decades ago, "has exploded," the FCC said, driven in part by the rise in remote work and learning during and in the wake of the pandemic.

The FCC says it carefully balanced competing demands and exercised sound judgment using its spectrum-management authority.

Appeals courts generally give significant deference to regulatory agencies' subject matter expertise.

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.

FCC chairman Ajit Pai has circulated draft rules that would free up the majority of the 5.9 GHz band for wireless broadband while transitioning the remaining 35 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications, and cellular vehicle-to-everything (C-V2X) technology.

Pai plans to vote the item at the FCC's November meeting.

The band has previously been reserved for Dedicated Short-Range Communications (DSRC) V2V communications, and the FCC had contemplated freeing up the lower 45 MHz for WiFi and leaving the upper 30 MHz for either DSRC or C-V2X. Actually, that was after it initially considered allowing V2V and unlicensed to share the same spectrum. 

Auto manufacturers have argued that sharing the band with WiFi 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, which the FCC said "has done virtually nothing to improve automotive safety."

Others, including computer and cable companies, had argued that the FCC should free up the other 30 MHz for WiFi as well.

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

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. 

This includes a proposed timeline and technical parameters for transitioning the limited number of incumbent Intelligent Transportation Systems licensees to the upper 30-MHz portion of the band (and then to C-V2X-based technology), as well as adopting technical rules to enable full-power outdoor unlicensed operations in the lower 45-MHz portion of the band.

“[The] 5.9 GHz spectrum has lain fallow for far too long," said Pai in announcing the item's circulation. "For the last two decades, the American people have waited for this prime mid-band spectrum to be put to use, and the time for waiting is over,” said Pai. “We should move on from DSRC and unlock forward-looking automotive safety technology. Under my approach, the FCC would for the first time authorize C-V2X in the 5.9 GHz band. At the same time, we would make available the spectrum needed for a 160 megahertz-wide channel for WiFi, which would enable a new level of gigabit connectivity for schools, hospitals, small businesses, and other consumers."

“At a time when American consumers are relying on WiFi more than ever before, we commend chairman Pai for taking action to enable next-generation WiFi access to the 5.9 GHz band," said Michael Powell, president of NCTA-the Internet & Television Association. "After more than 20 years of spectrum underutilization in 5.9 GHz, and a seven-year Commission proceeding, the Chairman’s compromise proposal is the right way to bring this band online, creating a new wide WiFi channel that will support more data at much faster speeds and that can be activated by early next year, while also reserving sufficient spectrum for future automotive safety innovations. We look forward to working with the chairman and his colleagues on this important item.”

“The Commission’s upcoming action to open 5.9 GHz for unlicensed use represents a critical opportunity for consumers because, with the right rules in place, we will be able to leverage the 5 GHz WiFi ecosystem already in place to deploy use of the new band very quickly,” said Craig Cowden, senior VP of wireless technology for Charter. “It couldn’t have come at a better time for our customers. Throughout the COVID-19 pandemic, WiFi has helped families stay connected and productive as they work, learn, access healthcare, and connect with friends and family from a distance, highlighting the urgent need for robust unlicensed spectrum resources to keep pace with continuously growing demand.”

Ford said it has a better idea, and data, about how adjacent-channel interference from unlicensed WiFi in the 5.9 GHz band could pose a threat to incumbent vehicle-to-vehicle (V2V) safety and other communications.

Related: Spectrum Alliance Pushes for 5.9 GHz

In a filing at the FCC, the car company said the data provided by CableLabs and NCTA-the Internet & Television Association--to demonstrate that WiFi and V2V can safely co-exist--suffers from some critical flaws, including " failure to consider significant hazards in vehicle safety, inadequate statistical sampling, and evaluating situations that are not representative of automotive safety risks."

Cable operators have been 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.

The FCC is proposing freeing up the lower 45 MHz exclusively for unlicensed WiFi and the upper 30 MHz for V2V communications, including 20 for C-V2X, which Ford said it agrees with the FCC is the V2V technology of the future.

Related: Highway Officials Say 5.9 GHZ Sharing is Misguided

Ford said that for the upper portion of the 5.9 GHz band to "effectively" support safety ITS (intelligent transport systems) applications it must be free from interference and that the WiFi Alliance--NCTA is a member--claim that Ford is wrong and unlicensed devices won't create adjacent-channel interference is false.

Cable's position, as spelled out in its reply comments, is: "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."

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. 

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. 

Ford apparently thinks FCC chairman Ajit Pai has a better idea for sharing spectrum. The iconic automaker has come out in favor of Pai's proposal for freeing up the majority of the 5.9 GHz band currently reserved for vehicle-to-vehicle communications for 5G while reserving the rest for V2V. 

NCTA: FCC Should Drive Toward Freeing up V2V Spectrum

Pai is proposing to make the lower 45 MHz of the available for unlicensed use, including WiFi, while reserving the upper 30 MHz for the new Cellular Vehicle to Everything (C-V2X) approach to intelligent vehicle communications. 

That is according to Pai himself, who tweeted that he was grateful for Ford's support: 

[embed]https://twitter.com/AjitPaiFCC/status/1199031617597169665[/embed]

"Extensive testing has shown that CV2X will give people the ability to move more safely and freely than ever before. Via the intended rulemkaing process, the FCC is providing the opportunity for this technology to come to market," wrote Ford president James Hackett. "Without this proceeding, CV2X cannot be deployed. Without this proceeding, innovation is paralyzed. Without this proceeding, the opportunity to realize significant safety benefits is delayed. Triggering a deliberative process to carefully but expeditiously include CV2X as a crash avoidance technology is the appropriate and timely step. It will also mitigate congestion, reduce carbon emissions and lead to widespread socioeconomic benefits."

NCTA-The Internet & Television Association, is advising the FCC to stick to its planned route and free up some Vehicle-to-Vehicle (V2) spectrum for Wi-Fi rather than detour at the behest of intelligent transportation system commenters who want to take it down the road of "a failed technology-specific approach to spectrum policy." 

That came in comments to the FCC Wednesday (Sept. 25). 

Related: Pai Signals New Proceeding on 5.9 GHz

Of the V2V commenters, NCTA says: "This is nothing more than a renewed attempt to delay FCC action and preserve an unwarranted and underutilized government subsidy. Their arguments are unpersuasive." 

Among those making the arguments is the American Association of State Highway and Transportation Officials (AASHTO), which told the FCC last week that it should "continue our nation’s commitment to improving transportation safety by reserving the 5.9 GHz wireless spectrum for this critical purpose." 

Currently, the 5.9-GHz band is reserved for V2V communications, but app-based communications appear to be superseding that technology, which has essentially lain fallow for two decades. But AASHTO has said the debate about what technology V2V will use--DSRC or something else--should not be an excuse to open the spectrum to non-transportation applications. 

The FCC is under pressure to free up as much spectrum for advanced communications as possible, so it has been looking hard at the band. But AASHTO has said, not in our transportation backyard. 

WiFi Forward, a group that includes cable operators, has said continuing the policy of dedicated V2V spectrum is the wrong road, and would “merely perpetuate the waste of this extremely valuable resource.” 

Pai has said that among the choices for the spectrum, sticking with the (V2V reserved) status quo does not sound like a good option. He said while there might still be a case for the Dedicated Short Range Communications (DSRC) communications the auto companies initially planned to use that spectrum for, DSRC has been stuck in neutral while Wi-Fi has hit the gas. But he did not rule out DSRC entirely. 

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. 

NCTA says no more testing is needed and it is time to start freeing up the spectrum. 

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.”

Sen. Peter DeFazio (D-Ore.) has asked both FCC Chairman Tom Wheeler and Department of Transportation Secretary Anthony Foxx to "align" Administration priorities (though the FCC is an independent agency) before coming up with rules for accommodating both incumbent licensed V2V communications still in the development stage, and unlicensed Wi-Fi currently being used across the country.

The FCC is trying to free up spectrum in the 5 GHz band (5.9 GHZ specifically) for Wi-Fi, cable ops principal mobile broadband play.

DOT and the FCC are working together on testing compatibility and guarding against interference.

But in a letter to Wheeler and Foxx, DeFazio urged them to make their decision in the public interest, not commercial interest.

"The promises of DRSC [dedicated short-range communications] include fewer motor vehicle fatalities...While I understand the desire for more unlicensed Wi-Fi spectrum, the desire for better Pokémon Go play cannot be compared to the 38,000 motor vehicle deaths every year," he told Wheeler and Foxx.

DeFazio opposes a petition that would delay the rollout of V2V while cybersecurity and privacy protections are implemented. he recognizes the need for those protections, but says it will take years for the technology to penetrate the market, so there will be time to deal with those issues before "broad deployment."

Public Knowledge, which is advocating for freeing up spectrum, says it agrees on protecting cybersecurity and privacy, and that those need to be addressed ASAP, but not with the need to launch DSRC ASAP. "“We respectfully disagree with Rep. DeFazio on the need to allow DSRC to go forward before cybersecurity and privacy concerns are fully resolved," said Public Knowledge SVP Harold Feld.

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 amidst 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.