WASHINGTON—The Federal Communications Commission has unanimously adopted new rules to expand very-low-power device operations across all 1,200 megahertz of the 6-GHz band alongside other unlicensed and Wi-Fi-enabled devices.

Despite opposition from the National Association of Broadcasters and other parties who have argued that opening up the spectrum would create problems for fixed microwave links, satellite uplinks and broadcast auxiliary services that use this spectrum, the FCC has in recent years been opening up parts of the 6-GHz band.

Prior to the Dec. 11 vote to open up all 1,200 megahertz for very-low-power devices, the FCC expanded unlicensed use between 5.925 and 7.125 GHz, helping to usher in Wi-Fi 6E, set the stage for Wi-Fi 7 and support the growth of the Internet of Things.

Last October, FCC chair Jessica Rosenworcel called for further expansion, which the NAB opposed. “As broadcasters’ extraordinary efforts to help the many communities impacted by Hurricane Helene demonstrate, it is critical for the commission to ensure that broadcasters have access to spectrum that will allow them to provide these essential services in times of crisis and without interference,” the NAB said in October.

In a Nov. 14 letter to the FCC, the NAB said it “has no objection to sharing spectrum used by broadcasters for critical electronic newsgathering with unlicensed operations if it can be shown that such operations will not cause harmful interference. But the record in this proceeding does not support that conclusion. We again urge the commission to avoid the risk to licensed uses of spectrum by accepting a measured compromise approach by reserving just 55 MHz of the 6-GHz band for licensed mobile use until real-world data are available to justify the removal of this reservation.”

In adopting the new rules, the FCC noted that they will bolster cutting-edge applications like wearable technologies and augmented and virtual reality, which will enhance learning opportunities, improve healthcare outcomes and bring new entertainment experiences.

The Report and Order permits the very-low-power (VLP) class of unlicensed devices to operate across 350 MHz of spectrum in the U-NII-6 (6.425-6.525 GHz) and U-NII-8 (6.875-7.125 GHz) portions of the 6 GHz band at the same power levels and technical/operational protections as recently approved for the U-NII-5 (5.925-6.425 GHz) and U-NII-7 (6.525-6.875 GHz) bands while protecting incumbent licensed services that also operate in the band.

These VLP devices will have no restriction on locations where they may operate and would not be required to operate under the control of an automatic frequency coordination system, the FCC said.

To ensure the risk of interference remains insignificant, the FCC said that the devices would be required to employ a contention-based protocol and implement transmit power control while prohibited from operating as part of a fixed outdoor infrastructure.

The FCC also argued that its new rules “will spur innovation by providing more capacity for emerging technologies and applications, such as augmented reality and virtual reality, in-car connectivity, wearable on-body devices, healthcare monitoring, short-range mobile hotspots, high accuracy location and navigation, automation and more.”

In a statement, Rosenworcel stressed the FCC’s efforts to provide unlicensed spectrum for applications like Wi-Fi has already produced enormous economic benefits. “ Wi-Fi alone will foster $769 billion in economic growth in 2024,” she said. “That number is projected to rise 21 percent in 2025 and as high as 67 percent by 2027 when the latest version of Wi-Fi will be in available in millions of devices.”

“Today we take the effort to support unlicensed activity in the 6 GHz band even further,” she continued. “We are opening up 350 megahertz of the 6 GHz band to small mobile devices operating at very low power. When you combine that with the 850 megahertz of the 6-GHz band that we made available for low-power use just a year ago, we are expanding access to 1,200 megahertz to help jumpstart the next generation of unlicensed wireless devices.”

“This 1,200 megahertz means unlicensed bandwidth with a mix of high capacity and low latency that is absolutely prime for immersive, real-time applications,” she added. “These are the airwaves where we can develop wearable technologies and expand access to augmented and virtual reality that will provide new opportunities in education, health care and entertainment. This is the unlicensed spectrum where the future happens—and with the 6-GHz band, the United States is leading the way.”

The Third Report and Order (FCC 24-125) was approved in an 5-0 Dec. 11 vote with chair Rosenworcel and commissioners Brendan Carr, Geoffrey Starks, Nathan Simington and Anna Gomez all approving. The order is available here.

WASHINGTON— 

The NAB has filed an official petition against the FCC in the U.S. Court of Appeals for D.C., asking it to review, and ultimately vacate, the commission’s Report and Order regarding unlicensed use in the 6 GHz spectrum band.

Broadcasters and other wireless operators use the 6 GHz band for auxiliary operations, including sports, breaking news and special events.

The FCC’s order would open the entire 1,200 MHz of the band for unlicensed Wi-Fi operation, a move the FCC hopes will help advance 5G. The FCC has also issued an NPRM to increase the power levels permitted for low-power indoor operations from the current 5 dB/MHz to 8 dB/MHz.

In its petition to the court, NAB says the order “unlawfully fails to protect the myriad of existing licensed users in the band from potential interference arising from such unlicensed use. Television broadcasters in particular have both fixed and mobile operations in the 6 GHz band, which require different protective measures to be adequately insulated from harmful interference. The order neglects to include proper safeguards for either type of broadcast operations.”

NAB has filed comments to the FCC directly in response to these potential moves, asking the commission to hold off until the full breadth of potential interference can be gauged. On the opposing side, computer companies like Facebook, Apple, Google and Microsoft have been supporting the FCC’s push for expanded unlicensed use.

Now, labeling the order as an action that would have immediate adverse consequences for the organization and its members, NAB is seeking relief from the order on the following grounds:

• It’s arbitrary, capricious and an abuse of discretion under 5 U.S.C. § 706; 
• It violates federal law, including the Administrative Procedure Act, the Communications Act of 1934, commission regulations and, as the NAB argues, the Constitution; and 
• It is otherwise contrary to law 

 “Accordingly, NAB respectfully requests that this Court hold unlawful, vacate, enjoin and set aside the Order and grant such additional relief as may be necessary and appropriate,” the NAB concluded.

The FCC declined to comment when contacted by TV Technology.

The official petition is available online.

WASHINGTON—Lawmakers have agreed on rules that would open the door to package delivery and the potential use of unlicensed spectrum by drones. The Senate Commerce Committee this week passed its version of a bill to fund the Federal Aviation Administration through 2017.

The bill, S.2658, was passed out of the committee with 53 amendments. One from Chairman Sen. John Thune (R-S.D.) and Ranking Member Sen. Bill Nelson (D-Fla.) calls for the creation of a drone traffic management system, and directs several federal agencies to determine what spectrum drones should be allowed to use. The amendment instructs the agencies to establish if drones should be allowed to use frequencies on an “unlicensed, shared or exclusive basis” within the aviation band or elsewhere on the spectrum.

Another, submitted by Sens. Dean Heller, (R-Nev.) and Maria Cantwell, (D-Wash.), would authorize drone-based package delivery. The amendment gives the Secretary of Transportation two years to “issue a final rule authorizing the carriage of property by operators of small, unmanned aircraft systems for compensation or hire within the United States.”

The portion of the full bill that addresses unmanned aerial systems begins with a “sense of Congress” regarding privacy. A sense of Congress is otherwise considered a firm recommendation. In this case, the bill recommends that businesses using drones for commercial operations have “a written privacy policy” for any “collection, use, retention and dissemination of any data collected” during a drone operation, and that these policies be publicly available.

Any violation of this policy would fall under the purview of the Federal Trade Commission’s deceptive practices laws.

The bill directs the National Telecommunications and Information Administration—an agency within the Commerce Department—to develop a report on best practices “developed through multi-stakeholder engagement” on “unmanned aircraft systems transparency and accountability” for commercial drone use. The NTIA report is to include recommendations for encouraging commercial drone users to adopt privacy policies. It would be due by the end of July.

The legislation also directs a multi-agency contingent led by the director of the National Institute of Standards and Technology to develop a system for identifying drones within a year of the bill’s passage.

The FAA now has a system in place requiring the registration of all drones weighing more than 0.55 pounds and less than 55 pounds, whereby each is assigned a number that must be displayed on the aircraft.

In addition, S.2658 calls for a classification system for both public and civil drones, and a searchable database “to further enable the immediate remote identification” of a drone by the general public. Commercial and government users also would be required to maintain records identifying “each person on whose behalf” the drone has been operated, for at least a year.

NIST also is directed to create airworthiness standards for drones within 60 days of the bill’s enactment. These are to include “means to prevent tampering” with mandated safety and identification systems, and ways to bring legacy drones into compliance. Shipment of drones that don’t meet national airworthiness standards will be prohibited.

The legislation also addresses testing, and recommends that the FAA develop a program using its current six drone test sites to ensure the “safe integration” of drones into national airspace. Parameters include development and enforcement of altitude limitations, classification of restricted airspace and related manufacturer warning systems. It also mentions developing technologies for sense-and-avoid, beyond line-of-sight and nighttime operations.

The FAA is directed to submit a progress report on the program every six months through a sunset date of Sept. 30, 2017.

The bill would create special geographic dispensation for permanent, 24/7, beyond line-of-sight drone operation in areas of the Artic, for “research and commercial purposes.”

It is left to the Secretary of Transportation to determine if drone operators will have to have an airman certificate, a medical certificate or a minimum number of hours piloting an aircraft. The FAA does not yet require this, but it also does not yet differentiate commercial and private use. Commercials users now obtain waivers for operating drones. The bill also would allow the FAA to create exemptions for the pilot requirements put in place by the Transportation Secretary.

The bill will next go to a full Senate vote and be resolved with the House version.


February 8, 2016
Drone Rules Wend Through Congress
The bill would create interim guidelines for the commercial drone use and testing, and it would create a deputy administrator responsible for integrating drones into National Air Space.

December 14, 2015
FAA Announces Small UAS Registration Rule
Registration will be a statutory requirement for all aircraft. Under this rule, any owner of a small UAS who previously operated an unmanned aircraft exclusively as a model aircraft prior to Dec. 21, 2015, must register no later than Feb. 19, 2016.