6/2 FCC Comments on Technical Rules for Opening the 5.9 GHz Band for Unlicensed Use

New America's Open Technology (OTI) wrote and filed comments with the Federal Communications Commission (Commission) in tandem with Public Knowledge (PK) in response to a Further Notice of Proposed Rulemaking (FNPRM) advocating for the adoption of technical rules for unlicensed spectrum devices and services in the 5.9 GHz band that will properly facilitate the creation of a single, high-capacity, and contiguous Wi-Fi band to support next-generation wireless connectivity. The rules for this band will be central to whether the spectrum the Commission is opening up for unlicensed services offer the essential increased capacity needed to support Wi-Fi capabilities and rural broadband opportunities to improve broadband connectivity for consumers. OTI and PK urged the Commission to harmonize the rules for this band with those governing existing unlicensed devices to ensure the full potential of the band is achieved. Additionally, the Commission should ensure that if any auto safety operations remain in the 5.9 GHz band, they are limited to only engaging in safety operations and are prohibited from using the spectrum for commercial services.

OTI and PK filed comments with the Commission advocating for the band to be opened for unlicensed use to bolster Wi-Fi capacity, and both groups filed reply comments in the proceeding with coalition partners. OTI published a report detailing the urgent requirement for added spectrum to boost bandwidth and capacity for Wi-Fi as demand for unlicensed spectrum skyrockets.

An introduction and summary of the comments are available below:

OTI and PK applaud the Commission’s efforts to repurpose the mostly vacant lower 45 megahertz of the 5.9 GHz band for unlicensed use. Wi-Fi is the circulatory system for broadband connectivity in the United States and an input into the productivity of virtually every other industry. By authorizing power levels sufficient to support next generation Wi-Fi indoors, outdoors, and on portable devices in any location nationwide, the Commission can enable enormous consumer welfare and make 5G-quality applications and services more accessible and affordable to all. Our comments here emphasize four main points:

First, the potential consumer and public interest benefits of making a contiguous 160 megahertz band available soon for next generation Wi-Fi are enormous. Authorizing power levels that support high-capacity Wi-Fi both indoors, outdoors, and on portable devices in any location across the country would boost consumer welfare and make 5G-quality applications more accessible and affordable for everyone. By increasing capacity for next generation Wi-Fi 6 and 7 services, the Commission will generate widespread benefits to consumers, the economy, and wireless internet service providers trying to serve remote, underserved, and unserved areas. Moreover, avoiding the costs and delays associated with spectrum database requirements and enabling portable devices to operate in any location at up 23 dBm EIRP or more would ensure that consumers have access to simple, reliable, and affordable Wi-Fi connections in areas where true mobile carrier 5G connectivity (gigabit-fast throughput, single digit latency) may not be available, particularly indoors, for many years.

Second, the Commission should move forward with its proposal to allow U-NII-4 devices to operate at full Wi-Fi power for outdoor use under the same rules as U-NII-3. Allowing outdoor deployments at standard power would ensure the full realization of the potential of the 45 megahertz available in this band as a means of bridging connectivity gaps, particularly in rural, Tribal, and other hard-to-serve areas where wireless internet service providers (WISPs) and other local providers need more unlicensed capacity.

Third, the Commission should minimize exclusion zones to better facilitate use of U-NII4 spectrum for high-capacity fixed wireless broadband in rural, Tribal and other areas. Protecting federal radar operations at the 30 sites that NTIA identified is crucial, but doing so should not require the added delays, complexity, and cost of requiring Automated Frequency Coordination (“AFC”) systems. Until AFCs are fully operational and proven in the 6 GHz band, in U-NII-4 the Commission should adopt a simple and streamlined version of the manual coordination that has successfully facilitated over 200 grants of Special Temporary Authority (“STAs”) in the lower 5.9 GHz band. Operators intending to use U-NII-4 spectrum at higher power outdoors could be required to register their service areas in advance, to attest to their operating locations and parameters, and to timely file further notifications of any changes or expanded geographic coverage.

Fourth, OTI and PK urge the Commission to authorize a separate class of devices for indoor and outdoor at any location that can operate at up to 23 dBm EIRP. This would include client-to-client devices, but also apply to outdoor operations of portable and low-power (such as very low-power wearables and other peripheral devices), as NTIA has concluded this power level is compatible with federal radiolocation systems even inside exclusion zones.

Finally, the Commission asks whether to grant the 2016 Petition filed by OTI and PK to prohibit commercial operation in the remaining C-2VX band. The answer is a resounding yes. The Commission initially authorized flexibly commercial use in the band in 2004 to encourage deployment. Not only did this fail to encourage deployment, but defenders of the C-2VX allocation insist that public safety incentives alone will ensure broad deployment if the FCC only exercises further patience. While preserving commercial flexibility serves no affirmative public interest, permitting it endangers members of the public by creating cybersecurity weaknesses, enabling distracting services such as targeted advertising, and violating customer privacy.