Court Upholds FCC's Decision To Reallocate Part of 5.9 GHz Band For Unlicensed Use, Including Wi-Fi

The Court of Appeals for the D.C. Circuit on Friday upheld the FCC's decision to reallocate part of the 5.9 GHz band for unlicensed use -- rather than the dedicated short-range communications (DSRC) it was originally allocated for. "This is part of the spectrum that in 1999 was set aside exclusively for the auto industry to use for DSCR to improve auto safety," notes Fierce Wireless. "At that time, the full amount set aside was 75 megahertz." From the report: After about 20 years, nothing ever really came of DSRC, and in 2020, the FCC divvied up the 75 megahertz, making 45 megahertz available for unlicensed use with the remaining 30 megahertz designated for auto safety. Specifically, the auto safety spectrum was reallocated for Cellular Vehicle-to-Everything (C-V2X) technology, a more modern tech than DSRC. The Intelligent Transportation Society of America and American Association of State Highway and Transportation Officials didn't like the FCC's decision and appealed, arguing that it violated the Transportation Equity Act. They also said the FCC unlawfully revoked or modified FCC licenses. But Circuit Court Judge Justin Walker said it did not violate the act and said the court disagreed with the transportation officials' arguments "on all fronts."

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