The US court of appeals in Washington, DC has upheld the FCC's plan to open up the 6 GHz band to unlicensed Wi-Fi services. The US agency had approve the spectrum change back in April 2020, but faced a legal challenge from telecom operators concerned about potential interference with their own services.
The appeal was led by AT&T on behalf of telecom operators concerned about interference with microwave backhaul equipment used in cellular networks. The National Association of Broadcasters, electric utilities and the Association of Public-Safety Communications Officials International also backed the case, amid concerns their members' operations also could be disrupted. Several hardware industry groups and companies, including Apple, Broadcom, and Cisco Systems, which manufacture devices that rely on unlicensed spectrum, intervened to defend the FCC's decision.
The court rejected the claim that the FCC failed to protect against potential interference, noting that safeguards were included in the decision, such as frequency coordination systems. The only exception was the petition brought by licensed radio and TV broadcasters using the 6 GHz band. The court ordered the FCC to explain better its decision to not grant the broadcasters' request that it reserve a sliver of the band exclusively for mobile licensees.
Industry group WiFiForward welcomed the court ruling, saying it would support consumer access to faster, lower latency Wi-Fi 6E services and the next generation of Wi-Fi 7. The the limited remand should not have a major impact, it added. "We are confident the Commission can provide further explanation on how its rules protect indoor, mobile Broadcast Auxiliary Service users," the group said.
