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FCC Never Addressed 6 GHz Interference Threat, Plaintiffs Tell DC Circuit

AT&T, APCO, electric utilities and other plaintiffs said the U.S. Court of Appeals for the D.C. Circuit should overturn the FCC’s 6 GHz order on the grounds that the regulator never fully addressed the interference threat to band incumbents. “In…

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defending the Order, the FCC and its supporters mischaracterize the basic choice before the FCC,” said a brief (in Pacer) posted Friday in docket 20-1190: “That choice was not whether to allow unlicensed devices to operate in the 6 GHz band at all, but how to mitigate their interference risks. The FCC never faced up to that choice.” Plaintiffs said they challenged the April 2020 order “because it is very likely to result in harmful interference at unpredictable places and times and because, without explanation, it arbitrarily rejects readily available safeguards.”