Wi-Fi Advocates Urge FCC to Act Soon on Further Changes to 6 GHz Rules
Almost two years after FCC commissioners approved a Further NPRM allowing more widespread use of the 6 GHz band, the agency hasn’t finalized the rules. To some industry experts, the delay has been a surprise. The agency appeared close to acting at the end of the Trump administration (see 2012180057). Later speculation was that an order would have to wait for a ruling on a challenge to the broader order before the U.S. Court of Appeals for the D.C. Circuit (see 2104160053).
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In December, the court upheld the broader order (see 2112280047) in what was considered a major win for the FCC, with a remand asking the commission to address one narrow aspect. The FCC didn’t comment Friday.
The FNPRM sought comment on a proposal to permit very-low-power (VLP) devices to operate across the 6 GHz band indoors without automated frequency control. The change was intended to support high-data-rate applications, including wearable, augmented-reality and virtual-reality devices. The FCC also asked for comment on increasing the power at which low-power indoor (LPI) access points may operate. Final comments have been in since July 2020 (see 2007280033).
Industry officials said one potential reason for delay is that the FCC Office of Engineering and Technology requested more data from Wi-Fi proponents on VLP. The tech companies are working on it, one official said.
“Despite any reasons given for delay, the science and engineering clearly justify moving forward to immediately expand the 6 GHz unlicensed portfolio to permit VLP and increased power limits for LPI,” said former Commissioner Mike O’Rielly, who voted for the order as member of the FCC: “Inaction is unnecessary and inappropriately stalling unlicensed innovation and thereby consumer benefits.”
“The FCC should move forward with the 6 GHz band as soon as technically feasible and enable as many VLP devices as possible,” said Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy. “The rapid rollout of this band is especially important as it will be a real-world test of new frequency coordination mechanisms which, if successful, could provide great benefits in other bands as well,” he said.
“The FCC has enough in its docket to make a decision, especially after the D.C. circuit categorically agreed with its methodology and understanding of the record,” said Digital Progress Institute President Joel Thayer. “The commission dragging its feet on this does nothing to increase consumers' Wi-Fi footprint and, in my estimation, can complicate the rollout in the 5.9 GHz band,” he said. The commission may be worried that it will be back in court if it decides to move forward with higher power levels, he said: “If it decided that's the right move, the D.C. circuit decision and the engineering give the agency more than enough legal cover. It's time for the FCC to act.”
Others said delays are understandable. “These things always take longer than people hope they will -- especially where public safety is involved,” emailed Public Knowledge Senior Vice President Harold Feld. The commission may want to combine its next order on the band with an order addressing the remand, he said: “That is the most administratively efficient thing to do. Also, if I were General Counsel and expected this order to get challenged, I would want to make sure that all the issues in remand from the previous order were resolved.” Feld noted the remand is “fairly straightforward to resolve” and shouldn’t lead to a long delay.
The FNPRM “asks all of the hard questions about 6 GHz,” said High Tech Forum founder and network architect Richard Bennett. It raises issues about “use cases, interference thresholds, media access protocols and interference modeling that will be hard to answer until the FCC sets a direction on verifiable receiver performance standards,” he said: “At the current transmit power levels 6 GHz can’t deliver hoped-for performance gains for Wi-Fi through walls, so there’s little incentive for consumers to spend big bucks on Wi-Fi 6E gear.” Wi-Fi 6E is the latest version of Wi-Fi incorporating 6 GHz.
Europe, Canada, Brazil and other major countries have followed the FCC’s lead on opening the band, but included “the VLP devices the FCC is still considering,” said Michael Calabrese, director of the Wireless Future Program at New America. “What’s critical now is that the commission complete rules that allow the very-low-power peripheral devices and the indoor power levels that allow consumers to fully benefit,” he said: “We believe commission staff is simply being careful to ensure they have all the data they need to move ahead on those two big remaining issues.”
The commission’s order on the 6 GHz band was “transformative to the Wi-Fi ecosystem,” said Alex Roytblat, Wi-Fi Alliance vice president-worldwide regulatory affairs. “In the two years since this decision, over 60 countries have adopted similar regulations, with many also enabling low-power devices which are foundational to portable connectivity,” he said: “Although progress on the 6 GHz proceeding might have been impeded by the pandemic, legal challenges, leadership transitions and other factors, I am confident that now, with many of these issues resolved, the commission will act swiftly to finalize this proceeding.”