5.9 GHz for Wi-Fi, C-V2X OK'd 5-0, With Tweaks; Democrats Concur

The FCC on Wednesday approved 5-0 opening 45 MHz of the 5.9 GHz band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything, as expected (see 2011170058). Commissioners overruled the Department of Transportation, which asked that the band be preserved for safety applications. Commissioner Mike O’Rielly said the order was tweaked to speed use of the spectrum for C-V2X, and he would have preferred to see more changes. Commissioners Jessica Rosenworcel and Geoffrey Starks voted to concur. Wi-Fi advocates said the FCC appeared to approve a change they sought that will make it easier to convert routers to use the spectrum.

“We put to end two decades of waste and inefficient use of the valuable 5.9 GHz band,” said O’Rielly, who worked with Rosenworcel on the order. It was tweaked to provide quicker deployment of C-V2X through a streamlined waiver process, he said. The FCC also moved NTIA’s proposal for exclusion zones for outside unlicensed use from the order to a Further NPRM, he said. Federal users need to be protected, “but more consideration is needed with regard to exclusion zones versus coordination zones and their appropriate sizes,” he said.

Commissioners also unanimously approved draft orders amending Part 25 satellite rules and setting new program carriage dispute statutes of limitation. They voted 5-0 for NPRM about allowing fixed satellite service downlinks in the 17.3-17.8 GHz band, as expected (see 2011170034 and 2011050010).

ITS America President Shailen Bhatt slammed the 5.9 GHz vote. It's "one of dozens of transportation safety organizations that have been sounding the alarm about the implications of this action,” he said: “In a time in which we are rightly focused on following science and data, it is inexplicable that the FCC is willfully disregarding the advice of experts.”

“This decision undeniably impacts road safety and the future of automotive innovation in this country,” emailed John Bozzella, president of the Alliance for Automotive Innovation. “Not only was most of the 5.9 GHz Safety Spectrum reallocated away from transportation safety, but it also appears that critical issues around harmful interference to Vehicle-to-Everything operations were not addressed.”

Order Defended

O’Rielly said 30 MHz is plenty for auto safety. The FCC still allows too much time for dedicated short-range communications (DSRC) to exit and should have provided six months rather than one year, he said. “This spectrum is needed now,” he said: “We shouldn’t pretend to be unlicensed champions while unnecessarily delaying the full use of this band.” The order should have said explicitly the 30 MHz could be used only for safety, but other commissioners didn’t support his edits on that, O’Rielly said. The rules also should have been more technology neutral, he said. C-V2X is the “right way to go … but it doesn’t need to be embedded in our rules to be successful,” he said.

“Most existing equipment is being used for testing purposes and experimental use,” O’Rielly said. After 20 years, only 15,000 cars were equipped with DSRC, and 3,000 of those were sold, he said. The current roadside infrastructure is being used for “government-funded demonstrations and trials of systems that will never come to be,” he said.

“DSRC-based services have evolved slowly and have not been used in a meaningful way to improve automotive safety,” said Chairman Ajit Pai: “For years, whenever it has been pointed out that most 5.9 GHz band spectrum … is laying fallow, DSRC proponents have claimed that widespread deployment of DSRC-based technology was just around the bend. I heard it when I first called for the FCC to start a proceeding on the 5 GHz band in 2012.” The FCC has given DSRC “a little more time, many, many times,” he said. “No more.”

DSRC never panned out, and O’Rielly deserves credit for his “commitment” and “persistence,” Rosenworcel said. “Over the last several years, we have written about this band, we have spoken about this band” and traveled to test cars that use C-V2X, she said. “By freeing up 45 MHz of spectrum in the lower section of this band, it will supersize Wi-Fi, a technology so many of us are relying on like never before during this pandemic,” she said: “It will also update our policies with respect to intelligent transportation services.” Rosenworcel said it’s “regrettable” that other federal agencies don’t support the change: “We need a whole-of-government approach to spectrum policy. We should have taken some more time to clear this up.”

“We all rely on Wi-Fi, but it is especially important for the unserved and underserved who may rely on public Wi-Fi to stay connected,” Starks said: “I am disappointed by the continued disagreements between federal agencies on spectrum issues. It is exasperating that once again different agencies in the same administration can’t get on the same page.” Starks would have deferred consideration to the new administration because it’s controversial.

All the FCC’s midband decisions faced pushback, said Commissioner Brendan Carr. “This FCC hasn’t just kicked the can down the road; we have not left it to future commissions to take on the tough spectrum fights,” he said. “That approach has delivered results.”

Reaction

Senate Commerce Committee ranking member Maria Cantwell of Washington had urged Pai to “halt action” on the 5.9 GHz item due to fellow Democrats’ calls for him to stop work on major items (see 2011100061). Cantwell noted in a letter to Pai that in 2016, he “welcomed Congressional calls to halt action on such controversial items during the transition” before President Donald Trump’s inauguration (see 1611160048). The 5.9 GHz order “does not adequately address the myriad issues raised by stakeholders, especially those raised” by DOT and other agencies, Cantwell said. “Federal spectrum policy is stronger and more sustainable when it is the result of cooperative decision-making and based on sound science and testing.”

Rep. Anna Eshoo, D-Calif., hailed approval of the order, saying she has “long called for increasing spectrum allocated for unlicensed uses” like Wi-Fi. “The pandemic has made clear that Americans depend on Wi-Fi for telehealth, remote learning, and working from home,” she said. “Unlicensed spectrum is the underappreciated workhorse of spectrum policy." She encouraged the agency "to continue expanding unlicensed spectrum in the coming months.”

“Our priority remains speeding the availability of C-V2X to American road users under parameters that responsibly guard against interference caused by Wi-Fi,” the 5G Automotive Association said: “We look forward to reviewing the final order and addressing any outstanding issues with the FCC and other stakeholders in the months ahead.”

The order “will immediately allow widespread indoor use of the lower 45-megahertz,” emailed Louis Peraertz, Wireless ISP Association vice president-policy. “The pending FNPRM tees up permanent use for WISPs to use the 45-megahertz outdoors.” Michael Calabrese, director of the Wireless Future Program at New America, said that “families struggling to work, learn and keep in contact with friends and family from home should all be grateful that the FCC made the tough decision to repurpose this unused spectrum.”

“The addition of 45 MHz of unlicensed spectrum will create a Wi-Fi channel capable of supporting Wi-Fi 6” and “dramatically increase the power of public hotspots and mobile hotspots on which many low-income families rely for access to school and work during the pandemic,” said Public Knowledge Senior Vice President Harold Feld. “Because this relies on already existing technology, the expansion and change to Wi-Fi 6 can happen relatively quickly through software upgrades once the rules become effective.”

The band sat unused for two decades, WifiForward said. “In that time, Wi-Fi has become absolutely foundational to how we live, work and connect -- something families across the country are acutely aware of now, more than ever,” the group said: “Today’s vote will create the first usable 160 MHz wide Wi-Fi channel that operators can bring online quickly to make our networks even better and faster.”

“American consumers will benefit from a safer connected-car experience, new vehicle-to-infrastructure services and more broadband applications, now that C-V2X may be deployed,” said Chris Pearson, president of 5G Americas.

Meeting Notebook

The International Bureau said the adopted Part 25 order will keep the current out-of-band emission requirements for satellite services, pending future studies on possible modification of the rule. The satellite industry lobbied for adoption of ITU requirements and against the requirement of re-coordination of earth stations that haven't been built out within a year when they share bands with upper microwave flexible-use service. The Satellite Industry Association said it will decide on further action after seeing the approved order, which wasn't released Wednesday. Pai said the 17 GHz band satellite downlinks approval will mean more intensive and efficient use of the band through more downlink capacity for high-throughput satellite communications: "This should facilitate the deployment of advanced satellite systems that will benefit all Americans."

The agency has made big strides in media regulatory changes, including Wednesday's program carriage order approval, but "we have barely scratched the surface," O'Rielly said. He looks "forward to future commissions doing much more substantial work." He said in his prepared statement he has "repeatedly argued that the [administrative law judge] role and functions could be jettisoned altogether without any harmful effects," and the order's clearing up confusion about when an ALJ program access, program carrier or open video system decision takes effect "at least... move[s] this tiny fix forward today." Rosenworcel, in approving, said the program carriage policies now need to be monitored "to make sure they work for everyone, including independent programmers." NCTA called the NPRM language "commonsense reforms to its program carriage and other complaint procedures [and] yet another welcome step forward in adapting the Commission’s rules to today’s competitive marketplace.”

Commissioners approved a nearly $10 million forfeiture for a San Diego telemarketer for making close to 48,000 spoofed robocalls in the week before the 2018 California primary. The fine stems from an earlier notice of apparent liability against Marketing Support Systems and principal Kenneth Moser, said the agency. The calls were spoofed to appear to be from competing robocall firm HomeyTel and concerned false allegations of sexual assault against a candidate, said the release. All the commissioners except O’Rielly voted to approve the forfeiture. O’Rielly dissented in part, based on an argument he has made in previous robocall enforcement actions that the agency is too free with determining that offenders had intent to harm. “I completely disagree with the item’s finding that, even if there weren’t sufficient evidence that Moser intended to harm his competitor, he nevertheless intended to harm any current or future subscriber to the number he spoofed,” the commissioner said. He said the content of the messages isn’t relevant to the FCC’s determination and faulted the NAL for using “sensationalist” language. Rosenworcel said the FCC should be more active in going after illegal robocalls: “Just two weeks ago there were reports that millions of robocalls were also using spoofed numbers to spread misinformation in advance of the November election (see 2011030050). This, too, needs attention.”