Opponents of FCC Waiver Request Want to 'Re-litigate' 6 GHz Order: Wi-Fi Alliance
Most reply comments supported FCC grant of a waiver request by the Wi-Fi Alliance of rules for the predictive propagation models that an automated frequency coordination system must employ in the 6 GHz band (see 2303210039). Only the National Wireless Communications Council (NWCC), which represents a diverse group of 6 GHz incumbents, filed reply comments in opposition.
The alliance wants to incorporate building entry loss (BEL) into its AFC model for specifically identifiable “composite devices” designed to operate in both low-power indoor (LPI) and standard power modes. Utilities opposed the waiver in the initial comment round (see 2304060049). AT&T has also raised concerns.
“The few parties that oppose the Request for Waiver merely seek to re-litigate either the Commission’s decision permitting unlicensed use of the 6 GHz band in general or its decision to permit LPI use,” the Wi-Fi Alliance said in docket 23-107: “The time for such arguments has passed.” Granting the waiver will “make the 6 GHz band even more useful to meet American connectivity requirements while continuing to protect microwave incumbents,” the alliance said.
The NWCC said the waiver request should be rejected because it fails to meet the requirements of the Office of Engineering and Technology’s AFC public notice for waivers. “It fails to provide ‘full support for how standard power devices will be constrained to indoor locations, how interference protection to incumbent spectrum users will be provided, and any arrangements with AFC providers to ensure that indoor versus outdoor location data is being properly transmitted, interpreted, and acted on appropriately,’” NWCC said: The requested relief “would increase the potential for harmful interference to licensed microwave systems in the 6 GHz band from standard power composite devices.”
The waiver request is also premature, the NWCC contended: “There are no unique circumstances that would make compliance with the rule an undue burden in this case or contrary to the public interest. Nor has the Wi-Fi Alliance shown that it has no reasonable alternatives.” The Utilities Technology Council, which filed initial comments, is a member of the group, as are telecom, transportation and public safety associations.
Tech companies also took aim at waiver opponents. “While they frame their arguments as reasons to reject Wi-Fi Alliance’s request, these positions are largely based on arguments that the Commission already rejected three years ago in the 6 GHz Order,” said Broadcom, Cisco Systems, Hewlett Packard Enterprise, Federated Wireless and Qualcomm.
“Indoor-only composite devices will play an increasingly important role in achieving the Commission’s objectives for unlicensed use of the 6 GHz band,” NCTA said. The devices will be “critical to the 6 GHz band ecosystem, and it comes as no surprise that numerous commenters encourage the Commission to grant the Wi-Fi Alliance Waiver Request,” the group said: Composite devices will also satisfy a “growing demand for affordable and enhanced broadband access.”
What the FCC does is being watched around the world, said the Dynamic Spectrum Alliance. “Not only will timely approval result in increased access to the 6 GHz band without jeopardizing ongoing incumbent operations, but it will also serve as an important precedent for regulatory authorities worldwide that are considering the use of AFC systems to manage standard power access to the band,” the alliance said: “Other countries are closely watching the U.S. experience with spectrum sharing in the 6 GHz band and are debating whether and how building entry loss can be incorporated by AFC systems.”