7/22 FCC Opposition to Petitions Seeking Reconsideration of Opening Up 5.9 GHz Band for Wi-Fi

New America's Open Technology Institute wrote and submitted opposition to two Petitions for Reconsideration requesting the Federal Communications Commission (the Commission) to reverse its decision to open up part of the 5.9 GHz band for unlicensed use to support Wi-Fi services. OTI submitted the comments alongside Public Knowledge in response to a petition filed by the 5G Automotive Association seeking a narrow reconsideration of emission limits set in the Commission's Order as well as one from the Alliance for Automotive Innovation seeking the Commission completely reverse its decision and to retain the entire band for automotive services. OTI and PK urged the Commission to reject both petitions and to maintain the direction it followed through its Order opening up part of the band for unlicensed services, as this action followed a thorough review of the facts in the comment proceeding and most benefits the public interest. The introduction and summary is available below:

The Commission received petitions from the 5G Automotive Association (“5GAA”), the Alliance for Automotive Innovation (AAI),3 and the Amateur Radio Emergency Data Network, which later withdrew its request, seeking reconsideration—or partial reconsideration in the case of 5GAA—of the Commission’s unanimous decision to reallocate 45 megahertz of the 5.9 GHz band for unlicensed use in the 5.9 GHz First Report and Order (R&O).

OTI and PK focus this opposition on the petitions filed by 5GAA and AAI, both of which rely on recycled arguments the Commission already considered, reviewed, and rejected in its well-reasoned R&O which was based on an extensive record generated during a prolonged notice and comment period. Neither petition presents evidence of any change in circumstances, error, or new information that would warrant reconsideration. The arguments in both petitions are tired as they have already been considered and rebutted in the comment period by other entities as well as by the Commission in its final Report and Order. Therefore, OTI and PK urge the Commission to reject these pending petitions for reconsideration and instead move swiftly to finalize the rules for the 5.9 GHz band to ensure that consumers have access to robust unlicensed services—and next generation Wi-Fi 6 in particular—with the added capacity and coverage they need to host the increasing capacity demands as well as the growing connectivity needs of the country as it moves to Wi-Fi 6 and 5G services.