Wi-Fi Alliance, FWCC at Odds on Legal Basis for Change to 6 GHz Rules
The Wi-Fi Alliance challenged a May 3 claim by the Fixed Wireless Communications Coalition that 2008's American Radio Relay League v. FCC by the U.S. Court of Appeals for the D.C. Circuit means any FCC 6 GHz rules must protect…
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fixed wireless incumbents. The FWCC said the court was clear that the commission "can overlook the licensing requirement, and thereby authorize unlicensed devices, only where it has determined the devices will not cause harmful interference to licensed services.” The decision “does not say that,” the alliance fired back, in docket 18-295. “The ruling says nearly the opposite, affirming longstanding precedent that the Commission may permit the use of unlicensed devices when it finds there is not a ‘significant potential’ for harmful interference to licensed operations. That is precisely what the record demonstrates in this proceeding, meaning the Commission has the authority to permit unlicensed devices to access the entire 6 GHz band.” The FWCC didn't comment. Also Monday, the docket posted filings by utilities (see 1905200048) and by Intel (see 1905200047).