Court upholds FCC’s decision to reallocate part of 5.9 GHz band for unlicensed uses, including Wi-Fi

The DC Circuit Court of Appeals on Friday upheld the FCC’s decision to reallocate a portion of the 5.9GHz band for unlicensed use — instead of the dedicated short-range communications (DSRC) for which it was originally designated. “This is part of the spectrum that was reserved exclusively for the automotive industry in 1999 for use in DSCR to improve vehicle safety,” notes Fierce Wireless. “At the time, the full allocation was 75 megahertz.” From the report: After about 20 years, nothing came of DSRC, and in 2020 the FCC split 75 megahertz, making 45 megahertz available for unlicensed use and the remaining 30 megahertz for vehicle safety. In particular, the automotive security spectrum has been reallocated for Cellular Vehicle-to-Everything (C-V2X), a more advanced technology than DSRC. The Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials did not like the FCC’s decision and filed an appeal, arguing that it violates the Transportation Fairness Act. They also alleged that the FCC illegally revoked or altered the FCC’s licenses. But District Court Judge Justin Walker said that did not violate the law and said the court disagreed with the transportation officials’ arguments “on all fronts.”