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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, the Commission notes that, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C. 3506c4, the Commission previously sought, but did not receive, specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. The Commission describes impacts that might affect small businesses, which includes more businesses with fewer than 25 employees, in the FRFA.
Congressional Review Act The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is major under the Congressional Review Act, 5 U.S.C.
8042. The Commission will send a copy of this First Report and Order and Order of Proposed Modification to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
Synopsis
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I. Introduction 1. To help meet the burgeoning demand for wireless broadband as the American public and businesses increasingly rely on internet connectivity, the Commission continuously evaluates spectrum use and its rules in efforts to enable more efficient spectrum use through a variety of methods, including authorizing unlicensed operations. For the past two decades, the entire 75 megahertz that makes up the 5.9 GHz band has been reserved for use by Dedicated Short Range Communications DSRC in the ITS radio service for transportation and vehicle safety-related purposes. During that time, the DSRC-based service has evolved slowly and is being used in certain traffic-related projects but has not been widely deployed within the consumer automobile market. In short, DSRC-based ITS has not lived up to the original promise of achieving the ITS
goals identified when the spectrum was allocatedleaving valuable mid-band spectrum underused.
2. Meanwhile, numerous technologies that operate outside the 5.9 GHz band have been or are being developed and deployed to improve transportation safety and efficiency and provide certain services envisioned for DSRC.
Recently, Cellular Vehicle-to-Everything
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CV2X based technology, which uses a different radio technology standard that is incompatible with DSRC-based operations, has gained momentum as a means of providing transportation and vehicle safety-related communications.
On December 12, 2019, the Commission adopted the NPRM in this proceeding to consider the most efficient and effective use of the 5.9 GHz band spectrum.
3. In the First Report and Order, the Commission adopted rules to authorize unlicensed use in the lower 45
megahertz of the band 5.8505.895
GHz and retain the upper 30 megahertz of the band 5.8955.925 GHz for ITS
service applications. As of the effective date of the First Report and Order, unlicensed indoor operations are permitted in the 5.8505.895 GHz portion of the 5.9 GHz band, under specified power and other technical limitations designed to protect incumbent ITS service and federal radar operations from harmful interference.
The Commission decided to consider requests for unlicensed outdoor operations in the 5.8505.895 GHz band through the Commissions existing regulatory process for individualized and temporary access to spectrum, to be coordinated with the National Telecommunications and Information Administration NTIA to ensure that federal incumbents are protected from harmful interference. The Commission implemented a period of one year from the effective date of the First Report and Order for the ITS licensees to transition all operations into the 5.8955.925 GHz portion of the band, and issued an Order of Proposed Modification that provides the procedures under section 316 of the Communications Act for the Commission to modify all ITS licenses to the revised bandplan. The Commission further adopted rules designating CV2X technology as the ITS delivery system once the Commission adopts a deadline and the transition to the revised ITS band is complete. Pending resolution of the transition of ITS operations to CV2X, ITS licensees will be able to continue their DSRC-based operations or, alternatively, to seek to deploy CV2Xbased operations through the Commissions existing regulatory processes.
II. Discussion A. Dividing the 5.9 GHz Band for Unlicensed Operations and for ITS
4. Since the Commission first designated the 5.9 GHz band for ITS
services in 1999, transportation and vehicular safety-related technologies have evolved significantly, as have
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demands for access to mid-band spectrum, particularly for unlicensed operations. In the First Report and Order, the Commission found the public interest would be best served by dividing the 5.9 GHz band to address the needs of both ITS and unlicensed users. Based on its evaluation of these changed circumstances, the Commission determined that reconfiguring the 5.9
GHz band to designate 45 megahertz at 5.8505.895 GHz for new unlicensed use and retaining 30 megahertz at 5.8955.925 GHz for ITS applications would ensure the quickest path towards the most efficient and effective use of the 75 megahertz of spectrum, based on current and future needs.
5. Unlicensed Operations in the Lower 45 Megahertz of the 5.9 GHz Band. As proposed in the NPRM, the Commission decided to make the 45 megahertz at 5.8505.895 GHz available for unlicensed operations. The Commission found that the availability of spectrum for unlicensed use is more critical than ever, especially after the COVID
pandemic has increased reliance on unlicensed technologies like Wi-Fi as more households turn to in-home connectivity for distance learning, teleworking, and social networking. The Commission found the lower 45
megahertz 5.8505.895 GHz portion of the 5.9 GHz band is particularly valuable for unlicensed operations, which, when added to the adjacent spectrum available for Unlicensed National Information Infrastructure UNII devices below 5.850 GHz, will allow for increased high-throughput broadband unlicensed applications in spectrum that is a core component of todays unlicensed ecosystem.
6. Based on the record, the Commission also found unlicensed use in the lower 45 megahertz of the 5.9
GHz band likely would be available to American consumers shortly after the rules in this proceeding become effective. Software or firmware upgrades to much of the Wi-Fi equipment already deployed and operating would allow consumers to access the 5.9 GHz band relatively quickly, a benefit that would not be possible in any other band.
7. Safety-Related ITS in the Upper 30
Megahertz 5.8955.925 GHz of the 5.9
GHz Band. Based on its consideration of the record, the Commission decided to continue making the upper 30megahertz portion 5.8955.925 GHz of the 5.9 GHz band available for ITS. The Commission determined that this decision would ensure availability of enough spectrum for ITS licensees to continue existing operations and deploy those same services at scale. The Commission concluded, as supported by
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