APCO, Utilities Argue at DC Circuit for 6 GHz Stay
APCO made its case for why the U.S. Court of Appeals for the D.C. Circuit should stay the FCC’s April order allowing Wi-Fi and other unlicensed users to share the 6 GHz band (see 2004230059), in a filing (in Pacer)…
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Friday in docket 20-1190. “The Commission has a statutory mandate to protect public safety,” APCO said: “It failed to honor that mandate, and that failure is likely to endanger the nation’s public safety communications systems.” The FCC argued (in Pacer) against a stay, saying the order was “based on its expert judgment and thorough consideration of the administrative record, including the needs of public safety operations in the 6 GHz band.” The Edison Electric Institute, Utilities Technology Council, National Rural Electric Cooperative Association and American Public Power Association supported (in Pacer) the stay. Opponents argue that there's "no indication that any interfering devices will be on the market in the near future, and that a stay will harm the public because the devices must be allowed on the market as soon as possible,” the utility groups said: “Respondents cannot have it both ways. If the devices will not be on the market in the near future, then staying the Order while the Court determines the merits of the petitions presents no harm.”