any of our hw capable of using this new band? ---------- Forwarded message --------- From: Louis Peraertz <wispamembers+88...@wispa.org> Date: Fri, Aug 12, 2022 at 11:27 AM Subject: [WISPAMembers] Court Victory! D.C. Circuit Upholds FCC 2020 Order in 5.9 GHz Band. To: <dave.t...@gmail.com>
Today, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued an opinion that is great news for WISPA operator members. It upheld the Federal Communications Commission’s (FCC) November 2020 Order and Further Notice of Proposed Rulemaking (FNPRM) that allocated 45 megahertz of spectrum for unlicensed use and 30 megahertz of spectrum for Cellular Vehicle-To-Everything (C-V2X) technologies. In 1999, the FCC assigned 75 megahertz band of spectrum, from 5.850 to 5.925 GHz, for use by intelligent transportation systems. In 2019, however, at the request of WISPA and several other entities, the FCC initiated a rulemaking proceeding to reallocate a portion of that spectrum band for unlicensed use. The rationale for the FCC initiating that proceeding was that, in the intervening 20 years, intelligent transportation systems did not develop as the FCC had hoped they would. In fact, as of 2020, no commercially marketed vehicles used the 5.9 GHz band to provide vehicle safety features. In November 2020, the FCC adopted an Order that would allow entities to use 45 megahertz of spectrum on an unlicensed basis for indoor operations. With regard to unlicensed use of the spectrum for outdoor operations, the FCC issued an FNPRM that sought comment on a number of technical issues. The FCC explicitly said, however, that, until it resolved those pending issues in the FNPRM, entities could continue to file for Special Temporary Authority grants or seek waivers to use this 5.9 GHz spectrum for unlicensed operations outdoors. The Intelligent Transportation Society of America, and other entities, who wanted the FCC to continue to allocate 75 megahertz of spectrum for intelligent transportation systems filed a petition for review with the D.C. Circuit. In their briefs, these entities argued, among other things, that: (1) the FCC’s Order violated the Transportation Equity Act (which required the FCC to consult with the Department of Transportation when allocating spectrum for the needs of intelligent transportation systems); (2) the FCC failed to adequately explain that 30 megahertz of spectrum was sufficient for intelligent transportation systems in the future; (3) the FCC lacks the automotive safety expertise that the Department of Transportation has, so the Court should not defer to the FCC’s judgment with regard to the 5.9 GHz band; and (4) the FCC failed to consider the possibility that unlicensed devices in the lower 45 megahertz would interfere with communications in the upper 30 megahertz. The D.C. Circuit panel of three judges that considered these arguments unanimously rejected all of them. I have attached a PDF version of the Court opinion. I am also attaching a regulatory guidance memo I prepared that summarizes the FCC’s November 2020 Order and FNPRM. That memorandum includes a link to the FCC’s Order and FNPRM. Hopefully, this Court opinion persuades the FCC to efficiently resolve the remaining issues in the FNPRM and adopt an Order that will allow WISPs to use 45 megahertz of this 5.9 GHz spectrum for outdoor operations without having to apply for Special Temporary Authority grants or waivers. Posted by Louis Peraertz to: "Member's Forum board, "Court Victory! D.C. Circuit Upholds FCC 2020 Order in 5.9 GHz Band." topic. Attachments [D.C. Circuit Court Decision Upholding FCC 2020 5.9 GHz Order and FNPRM. 8.12.2022. 115 PM.pdf] [Regulatory Guidance Memo On 5.9 GHz. Order and FNPRM. 5,2021. 3 PM.pdf] You are opted-in to the [Member's Forum] board. This board is email-list enabled -- replying to this email will send your message to the entire message board. For best results if replying, please do so with a clean message (with no reply or forward history in the message body). If you want to stop receiving these emails please click here: opt-out and unsubscribe -- FQ World Domination pending: https://blog.cerowrt.org/post/state_of_fq_codel/ Dave Täht CEO, TekLibre, LLC _______________________________________________ openwrt-devel mailing list openwrt-devel@lists.openwrt.org https://lists.openwrt.org/mailman/listinfo/openwrt-devel