FCC Approves 6 GHz Item 5-0 Despite Carr, Simington Concerns

The FCC approved an order authorizing the use of very-low-power (VLP) devices in 850 MHz of the 6 GHz band 5-0 at the commissioners' open meeting Thursday, as expected (see 2310160050). An accompanying Further NPRM asks about additional changes, including on the rules for low-power indoor (LPI) devices. Commissioner Brendan Carr said the FCC should have gone further and addressed the other major proposal in a 2020 FNPRM. Commissioner Nathan Simington questioned whether the concerns of band incumbents had been adequately addressed.

“I would have preferred for the FCC to address higher power levels” for LPIs, Carr said: “I would have preferred to move now on authorizing additional power for VLP devices. And I would have preferred authorizing VLP operations in additional portions of the 6 GHz band today.”

Carr said going further would have been “entirely consistent” with the D.C. Circuit’s 2021 decision upholding the 2020 6 GHz order (see 2112280047) and the FCC’s recent spectrum policy statement (see [Ref:2304200040|). “It would have shown strong spectrum leadership, which would have aided U.S. efforts heading into next month’s” World Radiocommunication Conference in Dubai, Carr said. The U.S. showed leadership in the initial 6 GHz order, but “something like 50 countries not only caught up to us … but they moved faster than us on authorizing VLP in the band,” he said. “It is critical for the U.S. to start leading again on wireless,” he said.

Simington voted for the item, saying the order was “thorough and well reasoned, based upon the data and simulations it relies on.” But the order “doesn’t give adequate consideration” to arguments by 6 GHz incumbents who complained (see 2308040046) about “lack of access to crucial data that informs those simulations and the potential for harmful interference to their operations,” he said.

Simington said the FCC may not be adequately addressing the risks of harmful interference raised by licensed users of the band. “We must be prepared just in case it turns out that simulations are in certain instances wrong,” he said.

Commissioner Anna Gomez, who headed the U.S. delegation to the upcoming WRC before joining the FCC, said the order “sends a powerful message about the United States’ continued commitment to next-generation Wi-Fi operations in the 6 GHz band in advance” of the WRC. “We support innovation at home, and we uphold our leadership internationally,” she said,

The order takes “a conservative first step” on VLP power levels “as we continue to build a record on future possibilities,” said Commissioner Geoffrey Starks. “Wearable devices stand at the very leading edge of wireless innovation,” he said: “In 2023, consumers don’t want and shouldn’t have to put up with devices that are wired, clunky, or sluggish, or that overheat and need to constantly recharge.”

“Today we take the effort to support unlicensed activity in the 6 GHz band even further,” said Chairwoman Jessica Rosenworcel. “We are opening up 850 MHz of the 6 GHz band to small mobile devices operating at very low power, while putting in place common sense safeguards to protect incumbent uses,” she said.

The FNPRM now includes questions raised by NTIA (see 2310110060) about VLP operations in the same vehicle using cellular vehicle-to-everything operations in the adjacent 5.9 GHz band, officials said: The FCC also added questions on alternatives to geofencing proposals in the FNPRM.

The order “further erodes protections for public safety and mobile broadband services by exempting more devices from any obligation to account for existing services,” an AT&T spokesperson emailed: “It ignores real-world testing that demonstrates the risk of harmful interference, relies instead on the results of opaque, theoretical simulations, and leaves incumbents with inadequate safeguards against interference." The spokesperson urged the FCC to "seek comment on a cost compensation mechanism to support the relocation of incumbents who experience interference.”

“Unlicensed spectrum in the 6 GHz band is critical to innovation and Wi-Fi technology in the U.S.,” a WifiForward spokesperson emailed: The group “commends the FCC for today’s decision, which will bring important new unlicensed capabilities to American consumers.”