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FCC Rejects 5GAA's and Auto Industry's 5.9 GHz Recon Petitions

The FCC Office of Engineering and Technology rejected petitions seeking changes to the commission’s 5.9 GHz rules filed by the Alliance for Automotive Innovation and the 5G Automotive Association. The alliance urged the FCC to reconsider its 2020 order opening…

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45 MHz of the band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything technologies. The 5GAA sought revised out-of-band emissions limits for unlicensed devices in the band. The response was mixed to both reconsideration petitions (see 2107230033). “In making the lower 45 megahertz available for more flexible unlicensed use, the Commission found that, when added to U-NII spectrum in the adjacent 5.725-5.850 GHz … band, the 45 megahertz of spectrum from the 5.850-5.895 GHz … band would provide for increased high-throughput broadband applications in spectrum that is a core component of today’s unlicensed ecosystem, thereby providing the American public with the most efficient and effective use of this valuable mid-band spectrum,” OET said in an order this week. In 2022, the U.S. Court of Appeals for the D.C. Circuit upheld the order (see 2208120035). OET noted the decision rejects alliance claims the agency “exceeded its legal authority” in issuing the order: “The court rejected the argument that the change in administration requires the Commission to revisit its decision.” 5GAA’s coexistence analysis “does not convince us to reconsider the OOBE limits decision for indoor unlicensed operations adopted” in the order, OET said. “We conclude that the indoor unlicensed device OOBE limits the Commission adopted … will sufficiently protect C-V2X communications in the upper 30 megahertz from harmful interference,” OET said.