WASHINGTON—As the debate over the FCC’s plans for the 6 GHz band heads to court, the NAB is continuing to argue its case directly to the commission on related issues, including increases to the power limit of unlicensed users.

In reply comments to the FCC’s Further Notice of Proposed Rulemaking concerning unlicensed operations in the 6 GHz band, the NAB says that no one supporting unlicensed operation has offered evidence to justify any changes to the commission’s initial order.

The FCC in April approved a Report and Order that would allow for unlicensed operation in the entire 1,200 MHz of the 6 GHz band, spectrum that broadcasters and other wireless operators use for auxiliary operations. This FNPRM proposes an increase of the power levels permitted for low-power indoor operations for these unlicensed operators from 5 dB/MHz to 8 dB/MHz.

“Rather than proceed on the basis of incomplete and inadequate information, the commission should wait for devices to actually be deployed in the market and for stakeholders to gain a better sense of whether the commission’s existing rules actually work to protect licensed users,” the NAB wrote in its comments.

NAB says that those in the case of increasing the power limits for low-power indoor devices, no one has provided any new evidence to justify a change. Those supporting very low-power devices claim they have studies, but NAB challenges them, claiming several flaws in each—this includes a study conducted by Apple and Broadcom detailing a low likelihood of interference to fixed services and mobile BAS services. A Wireless Broadband Alliance study, NAB argues, is not applicable because it only considers interference to FS operations and permits interference above the current FCC threshold.

As for others supporting the increase in power limits, NAB says that they are doing so primarily on the potential economic benefits of new applications that could be offered on the spectrum.

“We urge the commission not to exacerbate the already challenging situation it has created without substantial evidence and real-world experience,” the NAB writes.

The full NAB comments are available online. 

WASHINGTON—The FCC now faces two lawsuits that claim its order to open the 6 GHz spectrum band to unlicensed use is unlawful. The Utilities Technology Council, along with American Power Power Association and the National Rural Electric Cooperative Association, has filed a petition with the U.S. Court of Appeals for the D.C. Circuit asking the court to overturn the FCC order.

NAB filed a separate petition with the D.C. Circuit Court on July 24 against the FCC’s 6 GHz order.

Currently, broadcasters and other wireless operators use the 6 GHz band for auxiliary operations, which range from sports to breaking news and special events. The FCC order, which was issued in April, would open the entire 1,200 MHz of the band for unlicensed Wi-Fi operation. The FCC hopes that this will help with the development of 5G.

“The Federal Communications Commission acted unlawfully and against the public interest when it permitted a host of new users into a vital spectrum band that will likely cause communications challenges for public safety and critical-infrastructure industries,” UTC wrote in an announcement.

UTC President and CEO Sheryl Riggs said that the filing of the petition comes only after the organization attempted to demonstrate the flaws of the FCC’s plan and the need for a thorough analysis to prove that operation of unlicensed devices could occur without causing interference.

In the petition, UTC is specifically asking for the court to:

• Hold that the FCC’s rules in the Report and Order unlawfully authorize unlicensed low power indoor operations without sufficient safeguards to prevent harmful interference to licensed operations; 
• Hold that the FCC was arbitrary and capricious in failing to adequately consider studies on the record that show that unlicensed operations will cause harmful interference to licensed systems; 
• Vacate those portions of the Report and Order the Court finds to be arbitrary and capricious or otherwise unlawful or defective; 
• Remand to the FCC for proceedings consistent with the Court’s findings; and/or provide such relief as the Court deems appropriate 

The FCC has declined to comment on the petitions. 

WASHINGTON—The FCC needs to pump the brakes on its Notice of Proposed Rulemaking on unlicensed operations in the 6GHz band, according to comments filed by the National Association of Broadcasters on Friday, Feb. 15.

NAB says that while it supports the FCC’s goal of expanding opportunities for spectrum use, even in the 6GHz band, broadcasters’ need broadcast auxiliary services (BAS) operations in the 6GHz band for coverage of major events and that “there are no ready substitutes available for this spectrum.”

In addition, the NAB indicates that the proposals made by the FCC to attempt to protect these broadcast operations (limiting, unlicensed use to low-power, indoor operation) will actually cause interference, particularly for mobile and low-power BAS operations.

“NAB urges the Commission not to permit unlicensed operations in the U-NII-6 and U-NII-8 bands unless a robust, reliable mechanism is developed to coordinate these operations with licensed BAS uses—including mobile uses,” the NAB wrote in its comments.

The NAB rather encourages the FCC to look at spectrum available in the U-NII-5 and U-NII-7 bands for unlicensed operation barring technical solutions being developed that would reliably protect their operations.