Bill would set timetable for unlicensed operation, deferred by FCC in April.
The crack electrical engineers and spectrum policy experts elected to the U.S. Congress are considering a bill called the Wi-Fi Innovation Act.
Readers may recall that the FCC proposed to add rules for Unlicensed National Information Infrastructure (U-NII) operation on 5.85-5.925 GHz at one watt output power. (U-NII overlaps with Wi-Fi and serves many of the same purposes.) The proposed use would share spectrum with “Dedicated Short Range Communications” (DSRC), authorized in 2004 for automatic communications among vehicles and between vehicles and roadside points, to facilitate safety and the movement of traffic. Although interest in DSRC remains high among vehicle manufacturers, widespread deployment does not appear imminent.
Some who support DSRC opposed the new U-NII rules in the 5.85-5.925 GHz band, fearing interference. The FCC’s First Report and Order in the proceeding did not resolve the issue, deferring action on it pending the completion of ongoing technical analyses.
If enacted, the Wi-Fi Innovation Act would take over the FCC’s deliberations. The FCC would have to: (a) consider “interference mitigation techniques and technologies” that would enable the proposed U-NII service at 5.85-5.925 GHz while protecting DSRC; (b) conduct tests of those technologies, and (c) adopt U-NII rules (or not) based on the outcome of those tests – all within two years.
In addition to imposing particular deadlines for FCC action, the bill would require actual interference testing. Parties to a proceeding often submit test results, and the FCC has sometimes done its own testing (in the TV white space proceeding, for example), but this is not part of the FCC’s usual routine.
An earlier version of the bill, from U-NII advocates in Silicon Valley, would have required the FCC to adopt U-NII rules even over DSRC objections. Then the DSRC folks stepped in. Their efforts led to the current version with required interference testing – a process that may take longer than would the FCC’s own processes, without congressional help.
The bill has the bipartisan support of some key members of Congress. But the present Congress, which will hold office until after the elections in November, has advanced very little legislation, and its upcoming calendar will be shortened by the election campaigns. There may be hearings on the bill in the fall, but prompt action beyond that is unlikely.
Users of 5.8 GHz unlicensed spectrum – you know who you are – may wish to keep an eye on the bill, as its passage could affect the availability of additional adjacent spectrum at relatively high power.
