FCC Releases 5.9 GHz Order; Auto Industry Promises a Fight

Also released were a draft order creating a unified licensing option for satellites and blanket-licensed earth stations and a draft NPRM allowing fixed satellite service (FSS) downlinks in the 17.3-18.8 GHz band. A draft order clarifies and amends the statute of limitations for filing a cable TV carriage complaint and another draft order changes the telecom relay service (TRS) contribution base.

“Finally, after many years of discussion and debate, the FCC will vote on Nov. 18th,” Chairman Ajit Pai said at a virtual event Wednesday (see 2010280043). “We’re hoping to promote Wi-Fi and automotive safety at the same time in a way that we haven’t seen in the last two decades.” The extra 45 MHz for Wi-Fi will be a “tremendous boost” for unlicensed, “and this is not just a theory,” he said.

A Further NPRM would propose technical rules to allow outdoor unlicensed operations across the Wi-Fi allocation, addresses transitioning all ITS operations to a 25 MHz swath. It would ask whether to “allocate additional spectrum for ITS applications in the future.”

Automaker interests were upset.

Concerns

“While we appreciate the need to allow C-V2X in the band, it is extremely shortsighted and detrimental to the millions of people who travel on U.S. roads every day for the FCC to reallocate 45 MHz of spectrum from transportation safety to unlicensed devices,” said ITS America President Shailen Bhatt. The group “intends to pursue all available avenues to protect public safety in communities across the country by preventing such action,” he said.

"Safety advocates, General Motors and the transportation community urged” the FCC “to preserve the entire 75 megahertz for V2X and transportation safety, regardless of which technology is used,” GM said in a statement. “We further encouraged the FCC to ensure that these potentially lifesaving technologies can operate without interference and at scale in order to help save lives. Yet, the FCC continues to move towards jeopardizing roadway safety.”

The draft order emphasizes that DSRC licensees will have “spectrum sufficient … to continue existing operations and deploy those same services at scale.” The FCC would find, “as supported by many of the commenters, that reserving the entire 5.9 GHz band for possible additional services by DSRC (or C-V2X) is not the most efficient or effective use of that band, nor is it in the best public interest to do so.” It says 118 DSRC licenses are active in the commission’s database.

DSRC deployments “are limited to particular geographic areas, and most of the vehicles that have on-board units are limited to certain fleet units (e.g., buses and police cars) and are being tested for specific traffic safety and related applications in those particular areas,” the draft says: “Deployments for the most part have been limited to government-funded demonstration projects.” The draft cites growing use for other technology. It says 30 MHz is sufficient to support intelligent transportation systems. ITS is “designed to reuse spectrum geographically, so we are confident that 30 megahertz is sufficient to deploy … services at scale,” the draft says.

ITS has other dedicated spectrum available “in the 76-81 GHz band for vehicular radars … which does not rely on use of the 5.9 GHz band,” the draft argues: “Commercial cellular services and frequently updated databases can provide important roadway-related information -- indeed, Wi-Fi operations in the 5.9 GHz band could take the place of many of the non-safety-related applications contemplated for ITS.” ITS licensees will be restricted to use of the 5.850-5.895 GHz part of the band a year after the order takes effect.

“We wholeheartedly support this exciting new allocation of unlicensed spectrum. For too long it has gone grossly underutilized,” emailed Louis Peraertz, Wireless ISP Association vice president-policy. “Consumers and those in the digital divide will reap the windfall of innovative new services provided by WISPs and others, which will soon populate that fallow band.” NCTA looks forward to working with FCC members "on this important item,” said President Michael Powell.

Other Drafts

Given the increase in the past 10 years in satellites offering Ka-band service in the U.S., there's seemingly a need for more such spectrum for FSS earth stations supporting high-throughput satellites, says a draft NPRM. It responds to an SES petition last year for allowing FSS downlinks in the 17.3-17.7 GHz band on a protected basis (see 1903060036). The NPRM proposes creating an extended Ka band of 17.3-18.3 GHz downlinks, 18.8-19.4 GHz downlinks, 19.6-19.7 GHz downlinks, 27.5-28.35 GHz uplinks and 28.6-29.1 GHz uplinks. There would be power limits on the uplinks that are applicable to geostationary FSS transmissions in the conventional Ka band.

Better aligning satellite and earth station licensing will make processing faster and cut down on unnecessary filings, says the draft order. The order would align the buildout periods for earth stations and satellites in the same network, and cut some reporting requirements for satellite and earth station licensees. Foreign satellite operators could get unified grant of U.S. market access and blanket-licensed earth station operating authority. Unified licensing won't be available in any band shared with upper microwave flexible-use systems, it says. The draft doesn't change the default out-of-band emissions rules for satellite services.

A carriage complaint draft order would clarify the one-year statute of limitations begins to run when a defendant MVPD denies or fails to acknowledge either a request for program carriage or a request to negotiate for program carriage. It would align the statute of limitations for good-faith retransmission consent, program access and open video system (OVS) complaints. It also would set up a 180-day "aspirational shot-clock" for circulating to the FCC a ruling on review of an initial administrative law judge decision in program access, program carriage and OVS proceedings. Commissioner Mike O'Rielly urged changes to the program carriage complaint process in January (see 2001280065).

An NPRM would propose to expand the TRS fund contribution base for two forms of internet-based TRS -- video relay service and IP relay service. “This rule change would ensure fair treatment of intrastate and interstate service providers and users in TRS funding and the long-term sustainability of the TRS Fund,” the draft says.