The FCC Office of Engineering and Technology sought comment on a waiver request by Tesla to market a sensing device that would operate in the 60-64 GHz band at a higher power than specified in FCC rules. Comments are due Sept. 21, replies Oct. 19, in docket 20-264. “Tesla indicates that its device would be focused on the interior of automotive passenger vehicles for applications such as child safety systems and seatbelt reminders; however, it also states that the device may be able to scan up to 2 meters (6 feet) outside of the vehicle, and that millimeter-wave sensors can provide vehicle security benefits such as detecting a broken window or vehicle intrusion,” OET said Thursday. OET also sought comment on an Infineon Technologies waiver request, with the same deadlines, in docket 20-263, for in-vehicle child safety systems that operate in the 57-64 GHz band at higher power than specified in FCC rules.

FCC Chairman Ajit Pai is expected to push forward an aggressive agenda on spectrum during the last part of 2020, which could be the end of his tenure as chairman depending on the results of the November election. The FCC will likely take up the 3.45-3.55 GHz NPRM at the Sept. 30 meeting, and 5.9 GHz at the Oct. 27 meeting. A follow-up order on 6 GHz rules would probably follow in November.

The FCC Office of Engineering and Technology denied requests from APCO and the Edison Electric Institute to stay the 6 GHz band order, said a docket 18-295 order Thursday. “We find that both APCO and EEI have failed to demonstrate that the extraordinary equitable relief of a stay is warranted,” the order said. They didn’t demonstrate that they’re likely to prevail in their legal challenges of the rules or show that a stay wouldn’t harm others, OET said. The new 6 GHz rules will help meet growing, COVID-19-exacerbated demand for broadband and a stay would postpone those benefits, the order said. “Given the expected benefits that will result from deployment by both consumers and businesses of 6 GHz unlicensed devices, and the unlikely, speculative nature of the petitioners’ claims about the alleged dangers, we conclude that petitioners have not established that it would be in the public interest” to stay the new rules, the order said. “OET made the right decision,” said Wireless ISP Association Vice President-Policy Louis Peraertz in a statement. The FCC “made a thorough examination of the 6 GHz proceeding, which was open, diverse and robust, and properly chose not to require [automated frequency coordination] AFC for low power indoor devices or location-accuracy requirements for standard-power access points to define exclusion zones in the band.” APCO and EEI didn’t comment.

The potential departure of FCC Commissioner Mike O’Rielly may affect work to allocate part of the 3.1-3.55 GHz band for 5G, lawyers and commission officials told us. President Donald Trump’s administration said Monday DOD agreed to hand off a 100 MHz portion of the 3450-3550 MHz band for commercial shared use (see 2008100038). FCC work on the band isn’t as far along as some other frequencies and NTIA is raising concerns (see 2007070062).

President Donald Trump’s withdrawal of renomination of FCC Commissioner Mike O’Rielly (see 2008030072) is getting considerable scrutiny on Capitol Hill and within the communications industry. Some officials suggested Trump’s action will have repercussions for commission politics and policymaking heading into 2021. O’Rielly’s removal will likely make it very difficult for the Senate to confirm a nominee this year to replace him, given the limited amount of time left on the legislative calendar before this Congress ends, lawmakers and lobbyists said in interviews through Tuesday.

Tech companies told the FCC it should reject reconsideration petitions from CTIA, Verizon and the Fixed Wireless Communications Coalition seeking changes to 6 GHz rules, approved 5-0 in April (see 2004230059). Other comments divided on what the FCC should do. Oppositions were posted Thursday in docket 18-295. “None presents any argument that would justify altering the carefully reasoned decisions in the Commission’s order,” said Apple, Broadcom, Cisco, Facebook, Google, Hewlett Packard Enterprise, Intel, Microsoft, Qualcomm and Ruckus Networks: “Most of the petitions merely repeat arguments already raised in the proceeding that the Commission explicitly rejected.” New America’s Open Technology Institute said similar. “The conclusions the Commission reached in its 6 GHz Report and Order were both well-reasoned and based on an extensive record,” the group said. The petitions “seek to delay or disrupt unlicensed access to this critical spectrum and all the innovation it has the potential to unleash,” said NCTA. “The sharp increase in fixed bandwidth demand resulting from the COVID-19 pandemic illustrates the importance of spectrum to better enable distance learning and teleworking and the importance of interference-free wireless backhaul links,” said the Wireless ISP Association. “Bare disagreement with the Commission’s conclusions -- without demonstrating any flaws in the Commission’s rationale for reaching those conclusions -- is insufficient grounds for granting reconsideration,” the Wi-Fi Alliance said. Southern Co. supported FWCC’s complaints. “The Commission relied upon hypothetical simulations, rather than actual field testing, to reach a determination that unlicensed use of the 6 GHz band would not cause harmful interference to primary, licensed incumbent operations,” the utility said: “Preliminary bench tests and field tests using the parameters established in the Report & Order have already raised concerns about potential harmful interference to licensed microwave systems.” The Utilities Technology Council backed the FWCC. “Interference must be prevented before it occurs, not after the fact because it will be far too late to undo the damage that could result," UTC said. Nokia supported higher power levels urged by Verizon.

Nokia supported a Verizon reconsideration petition seeking higher power levels for some unlicensed operations in the 6 GHz band (see 2006260066). “Nokia supports more robust technical parameters that facilitate 5G services, subject to” automated frequency coordination, said a Wednesday filing coming in docket 18-295. “Nokia has been extremely active in this proceeding, submitting several technical studies and advocating to reach a result that will support new robust unlicensed operations while protecting critical incumbent Fixed Service use."

Disagreements continued as the FCC took replies on a Further NPRM on the 6 GHz band, approved 5-0 in April (see 2004230059). Wi-Fi proponents lined up against groups like NAB and APCO, concerned about protecting existing spectrum use (see 2006300042). Replies were due Monday in docket 18-295 on proposals to permit very low-power devices to operate across 6 GHz, increase the power at which low-power indoor (LPI) access points may operate and other changes. NAB and electric utilities went to court (see 2007270067).

The Utilities Technology Council, American Public Power Association and National Rural Electric Cooperative Association Monday asked the U.S. Court of Appeals for the D.C. Circuit to overturn the FCC’s April order opening up the 6 GHz spectrum band for unlicensed use. “Utilities and public safety entities use the 6 GHz band for mission-critical communications,” UTC said in a news release. “Despite numerous reports and submissions demonstrating the need for the FCC to act deliberately and carefully,” the FCC “approved an aggressive plan that will allow millions of new devices into the 6 GHz band without any proof or evidence that existing critical-infrastructure and public-safety communications will not be disrupted,” UTC said. Some other groups are also challenging the rules (see 2007240061).

The FCC 6 GHz order opening the band to Wi-Fi and other unlicensed use (see 2004230059) doesn't protect all the various licensed users in the band, especially TV broadcasters, NAB said in a petition for review Friday. It asked the U.S. Court of Appeals for the D.C. Circuit to vacate and enjoin the order. The FCC didn't comment. APCO, which petitioned for reconsideration of the order (see 2005280047), told the FCC Friday it was dropping its recon petition (docket 18-295). APCO didn't comment further.