DC Circuit Upholds FCC Order Reallocating Part Of 5.9 GHZ Band For Unlicensed Use [telecom]

by Ronald E. Quirk, Jr.

On August 12, 2022, the U.S. Court of Appeals for the D.C. Circuit ("D.C. Circuit") struck down a challenge to a 2020 Report and Order by the Federal Communications Commission ("FCC" or "Commission") which reallocates 45 MHz of the 5.850-5.925 GHz spectrum band ("5.9 GHz band") for commercial unlicensed use, including Wi-Fi and similar services. Specifically, the FCC designated the 5.850-5.895 GHz portion for unlicensed use, while allocating the 5.895-5.925 GHz section for intelligent transportation system ("IT\ S") operations.

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