Reallocating spectrum is necessary to meet rising broadband demands, but the regulator should also act to support investment and innovation in vehicle safety
DSRC has failed to deliver on its promise: On 12 August 2022, the US Court of Appeals for the District of Columbia (DC) Circuit released its decision, siding with the FCC’s Order to reallocate part of the 5.9GHz band. In 1999, the regulator assigned 75MHz of this spectrum to dedicated short-range communications (DSRC) services, which the automotive sector would use to improve road safety. However, DSRC has been slow to develop in the US, with limited meaningful applications. In 2020, the FCC outlined its plan to reallocate the 5.9GHz spectrum originally awarded to DSRC, with 45MHz going to unlicensed use, including Wi-Fi. 30MHz would be retained for vehicle safety but specifically for cellular vehicle-to-everything (C-V2X) – a more modern technology than DSRC. This move was subsequently challenged by two transport industry bodies, although unsuccessfully.
Court underlines FCC authority over national spectrum assets: FCC Commissioners on both sides of the US political divide were pleased with the DC Circuit Court’s ruling. Chairwoman Jessica Rosenworcel stated that in upholding the FCC’s reallocation of some 5.9GHz frequencies the Court also upholds the regulator’s “broad authority” over national spectrum management. She noted that since the FCC originally allocated part of this band over 20 years ago, the automotive industry has moved on from DSRC to focus its efforts on newer, market-driven alternatives – such as radar, light detection and ranging (LiDAR), cameras and sensors, which the Court highlighted in its ruling. Democratic Commissioner Geoffrey Starks outlined how access to the 5.9GHz band is supporting rural broadband and gigabit Wi-Fi for schools, libraries and enterprises, while Republican counterpart Brendan Carr welcomed the Court’s decision and urged further action to put more spectrum into use.
The need for more Wi-Fi spectrum has grown significantly: The appeal argued that Wi-Fi’s use of 5.9GHz spectrum would cause interference and that the band should be used exclusively for intelligent transport systems. However, the Court’s ruling found that 30MHz would be sufficient for these systems, which have not developed “as the FCC had hoped they would” over the past two decades. During that period, the need for more Wi-Fi spectrum has grown dramatically and many automotive firms have pivoted from DSRC to C-V2X technology. Following the Court’s decision, effecting the FCC’s Order will provide additional capacity to meet the increasing demands of US broadband consumers. Still, the regulator should now act quickly to support investment and innovation in vehicle safety, including granting waivers so that stakeholders can begin widescale C-V2X deployments.
