FCC Decision Could Come Soon on Revised 6 GHz Rules
More than three years after a 6 GHz Further NPRM was approved in April 2020 (see 2004230059), the FCC hasn't acted. Speculation in 2020 was that the agency could act before the end of the Trump administration (see 2012180057). The U.S. Court of Appeals for the D.C. Circuit largely upheld the 2020 6 GHz order 18 months ago (see 2112280047).
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The FCC Office of Engineering and Technology likely has all the data it needs to make a recommendation on a proposal to permit very-low-power (VLP) devices to operate across the 6 GHz band indoors without automated frequency control and on increasing the power at which low-power indoor (LPI) access points may operate, Wi-Fi advocates said.
Officials said it’s not clear why the FCC hasn't acted. One Wi-Fi supporter noted Apple and CableLabs provided “updated and very comprehensive” new technical studies on the VLP and LPI power-level interference concerns. The FCC didn’t comment.
Shared use of the band remains controversial. Electric utilities have been at the FCC repeatedly in recent months, particularly to discuss a recent Pacific Gas & Electric study on the interference threat to incumbents from unlicensed operations in the band (see 2306150044). 6 GHz is also seen as a test for automated frequency coordination, which could get more use in other bands as the administration develops a national spectrum strategy.
Industry is also still waiting for a public notice on lab testing for AFC operators. Last week, the Wi-Fi Alliance and the Wireless Innovation Forum presented to the FCC “a complete package” of specifications and test plans for evaluating 6 GHz AFC systems (see 2306220063). Industry officials said that was a necessary next step toward release of a notice. The groups expressed hope “the delivery and availability of this package will support the Commission’s effort to approve the AFC systems for full commercial operations.” In November, the FCC tentatively authorized 13 AFC providers, though testing is still in progress (see 2211030066).
“With Americans increasingly relying on Wi-Fi, the commission’s 6 GHz decision is transforming connectivity and advancing innovation,” emailed Alex Roytblat, Wi-Fi Alliance vice president-regulatory affairs. “In the past three years, the decision withstood a slew of administrative and judicial challenges, while over 70 countries followed the FCC’s lead in opening the 6 GHz band for Wi-Fi access including VLP and higher power LPI,” he said: “After more than six years, the record of this proceeding is complete.”
Last year, 2.3 billion Wi-Fi 6 devices were shipped by manufacturers -- of those, 350 million were Wi-Fi 6 E, which use 6 GHz, said Dorothy Stanley, a fellow in the office of the chief technology officer at Hewlett Packard Enterprise, during a recent IEEE webinar. 6 GHz is a “key frequency band for improved deployment and support of new use cases,” especially “dense deployments,” Stanley said: “We encourage the regulators to continue to open that band. … We are well aware of the need to coexist and respect the incumbents in that band.”
Ron Repasi’s appointment as chief of OET, after being acting chief, may mean more things will “move,” said Public Knowledge Senior Vice President Harold Feld. “Wi-Fi 6E has been extremely successful, the D.C. circuit largely upheld the FCC's first report and order and the FCC received suitable comment on the remand quite some time ago,” Feld said: “It would be very nice to have a decision by the end of the summer or September at the latest.”
Future use of the band is likely to be an issue at the World Radiocommunication Conference in November (see 2302060052) and “we really need to have this proceeding concluded, and our position clarified before then,” Feld said.
Former Commissioner Mike O’Rielly noted he worked with now Chairwoman Jessica Rosenworcel to get the last commission to approve the 6 GHz item. “After three years of added work and study, at or near the top of the commission's agenda should be to successfully resolve the outstanding portions, allowing certain exciting new unlicensed innovations to finally move forward,” he said.
“It's important for the FCC to enable optimum usage of the 6 GHz band and realize the benefits of that spectrum as soon as reasonably possible,” emailed Free State Foundation Director-Policy Studies Seth Cooper. “The commission has expended considerable effort in approving its April 2020 order on the 6 GHz band as well as in defending the agency's order in court.”
Others said the outlook is uncertain. “It's hard to predict what the FCC is thinking right now, especially on spectrum,” warned Jonathan Cannon, R Street fellow-technology and innovation. The FCC appears “paralyzed to make any decision absent congressional approval,” he said.
“A lot is riding on 6 GHz to prove the viability” of AFC “as a dynamic spectrum management technology,” said Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy. “There may be outstanding technical challenges or at least an appetite to be extra sure before officially rolling out all envisioned services,” he said. Kane noted the docket remains active. That means “at least some advocates think there is still room to shape the proceeding because of some remaining technical or policy uncertainty,” he said.