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FCC's 5.9 GHz NPRM Got Numerous Changes While Before Commissioners

The FCC’s NPRM on the 5.9 GHz band, approved by commissioners 5-0 last week (see 1912120058), underwent changes from the draft circulated by Chairman Ajit Pai three weeks earlier, based on our side-by-side comparison Wednesday when it was released in the Daily Digest. The NPRM proposes to reallocate the 5.9 GHz band for Wi-Fi and cellular vehicle to everything (C-V2X), while potentially preserving a sliver for dedicated short-range communications (DSRC). Officials said last week the item had been tweeked. Draft language that tentatively concluded "no additional provisions are needed to protect non-federal incumbent operations in the 5.9 GHz band from new C-V2X operations” was changed to proposing only. The draft said, “Promoting traffic safety and other [intelligent transportation system] benefits remains a critical priority of the United States, and we support the development and widespread use of these technologies and services.” The final NPRM said, “We continue to recognize the importance of ITS, and are committed to a regime that enables the provision of ITS.” The final notice recognized more explicitly importance of bands beyond 5.9 GHz for ITS, saying the spectrum is “part of a larger transportation and vehicular safety-related ecosystem that also includes spectrum outside of the 5.9 GHz band.” The final document adds language on the importance of ITS. “We note that a primary purpose of the original DSRC band was to provide valuable vehicular safety of life applications to the public,” the final wording said: “We propose that ITS in this band continue to provide safety of life services. ... Additionally, we seek comment on whether there are actions that we should take, or requirements that we should adopt, to promote rapid and effective deployment of ITS.” The final NPRM includes questions not in the draft on 5G Automotive Association assertions C-V2X needs 60 MHz to evolve to include 5G. “Is it necessary to plan for such systems?” the final NPRM asked: “If so, can 20 or 30 megahertz support 5G automotive applications?” The NPRM casts a wider net. “We propose that U-NII-4 devices meet an [out-of-band-emission] limit of -27 dBm/MHz at or above 5.925 GHz, which is the same limit required for U-NII-3 devices at this frequency,” the draft said. The final notice added “or devices that operate across a single channel that spans the U-NII-3 and U-NII-4 bands.” And “autonomous vehicles are already being deployed and clearly cannot be relying on DSRC because it is not widely deployed and would not be for many years even under favorable predictions” changed to “autonomous vehicles are already being tested and deployed using applications and technologies other than DSRC for vehicle-to-vehicle communications or other transportation or vehicular-safety.”