Petitioners Make Case for Reversing FCC's 5.9 GHz Order
The FCC ignored federal law in dividing the 5.9 GHz band, with 45 MHz for Wi-Fi and 30 MHz for cellular vehicle-to-everything technology, petitioners told the U.S. Court of Appeals for the D.C. Circuit in a Wednesday reply brief (in…
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Pacer). ITS America, the American Association of State Highway and Transportation Officials and the Amateur Radio Emergency Data Network want the court to overturn the order (see 2106020076). The FCC’s reallocation of 60% of the band “expressly ignores the statutory direction of Congress in the Transportation Equity Act,” they said. The FCC claims “this was a straightforward ‘spectrum management’ decision involving only the FCC’s typical balance of equities,” the groups said: “The Commission’s refusal to acknowledge the limitations imposed by the Transportation Equity Act is fatal, and its decision to rewrite the meaning of intelligent transportation systems cannot be defended under the overlapping statutes.”