Use of the 5.850-5.925 GHz Band

<RULE> FEDERAL COMMUNICATIONS COMMISSION <CFR>47 CFR Parts 1, 90, 95, and 97</CFR> <DEPDOC>[ET Docket No. 19-138; FCC 24-123; FR ID 265055]</DEPDOC> <SUBJECT>Use of the 5.850-5.925 GHz Band</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Communications Commission. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> In this document, the Federal Communications Commission (Commission) adopts rules and takes other steps to further address the transition of 5.9 GHz Intelligent Transportation System (ITS) operations from Dedicated Short Range Communications (DSRC)-based technology to cellular-vehicle-to-everything (C-V2X)-based technology. Specifically, the Commission adopts technical and operational rules governing devices using C-V2X-based technology, eliminates the DSRC requirement for communications zone designations, finalizes the timeline for sunsetting the use of DSRC-based technology, addresses the issue of additional spectrum allocations for ITS use, addresses the issue of reimbursing the transition costs of DSRC incumbents, and encourages the development of industry standards. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective February 11, 2025. Existing licenses for DSRC systems may be renewed as necessary following this effective date but only for a period not to exceed December 14, 2026. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Jamie Coleman of the Office of Engineering and Technology, at <E T="03">Jamie.Coleman@fcc.gov</E> or 202-418-2705. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> This is a summary of the Commission's <E T="03">Second Report and Order,</E> ET Docket No. 19-138, FCC 24-123, adopted on November 20, 2024, and released on November 21, 2024. The full text of this document is available for public inspection and can be downloaded at <E T="03">https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf.</E> Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format) by sending an email to <E T="03">fcc504@fcc.gov</E> or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). <HD SOURCE="HD1">Procedural Matters</HD> <E T="03">Regulatory Flexibility Act.</E> The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” Accordingly, we have prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the possible impact of the rule changes contained in the <E T="03">Second Report and Order</E> on small entities. The FRFA is set forth in Appendix B of the FCC document, <E T="03">https://docs.fcc.gov/public/attachments/FCC-24-123A1.pdf.</E> <E T="03">Congressional Review Act.</E> 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. 804(2). The Commission will send a copy of this <E T="03">Second Report and Order</E> to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A). <HD SOURCE="HD1">Synopsis</HD> <HD SOURCE="HD1">Introduction</HD> The Intelligent Transportation System (ITS) holds promise to improve transportation safety and mobility by integrating advanced communications technologies into vehicles and infrastructure. The connected vehicle ecosystem of the future will make the nation's transportation system more flexible, resilient, and safe. This ecosystem requires technical and operational rules governing devices using C-V2X (cellular-vehicle-to-everything) based technology. In the <E T="03">First Report and Order</E> of the Federal Communications Commission's (FCC) proceeding, 86 FR 23281 (May 1, 2021), the Commission retained the upper 30 megahertz portion (5.895-5.925 GHz) of the 5.850-5.925 GHz (5.9 GHz) band for ITS operations. The Commission also required the ITS service to transition from Dedicated Short Range Communications (DSRC)-based technology to C-V2X-based technology as the connected mobility platform for implementing the future of ITS communications in the United States. In the <E T="03">Second Report and Order,</E> the Commission further addresses the transition of 5.9 GHz ITS operations from DSRC to C-V2X by codifying C-V2X technical parameters in the Commission's rules, including band usage, message priority, and channel bandwidth. The Commission promulgates rules governing equivalent isotropically radiated power (EIRP) and out-of-band emissions (OOBE) limits for C-V2X on-board units (OBUs) and roadside units (RSUs), and antenna height limits for RSUs. In addition, the Commission encourages the development of industry standards and finalizes the timeline for sunsetting the use of DSRC-based technology. Finally, the Commission addresses the issues of additional spectrum allocations for ITS use and reimbursing the transition costs of DSRC incumbents. <HD SOURCE="HD1">Background</HD> The Commission adopted the <E T="03">First Report and Order</E> in 2020, wherein it concluded that the most efficient use of the 75 megahertz of spectrum in the 5.9 GHz band would be achieved by expanding unlicensed operations in the lower 45 megahertz of the band (5.850-5.895 GHz), and designating the upper 30 megahertz of the band (5.895-5.925 GHz) for the ITS service using C-V2X technology. Among other considerations, the Commission made this decision because (1) the DSRC services once contemplated for operations across the full 5.9 GHz band had not come to fruition in the 20 years since it allocated the spectrum for the ITS service; (2) those envisioned vehicle-safety features can be or are already being provided using other spectrum bands or alternative technology; and (3) the significant public interest benefits of adding 45 megahertz of Unlicensed National Information Infrastructure (U-NII) spectrum to enable the next-generation Wi-Fi, which operates on wider channels and allows gigabit connectivity with lower latency, improved coverage, and power efficiency. To protect incumbent 5.9 GHz band services, including federal incumbent operations, from potential harmful interference from unlicensed operations, the Commission imposed stringent power limits and operating requirements on unlicensed devices ( <E T="03">i.e.,</E> access points, subordinate devices, and client devices) operating in the lower 45 megahertz and restricted unlicensed use of the lower 45 megahertz to indoor locations. As the <E T="03">First Report and Order</E> determined that the operators in the revised ITS band must use C-V2X technology, the <E T="03">Further Notice of Proposed Rulemaking (FNPRM),</E> 86 FR 23323 (May 6, 2021), sought comment on further transition issues and proposed rules to finalize the technical parameters for C-V2X operations and the timing of when operations must transition from the DSRC technology. Although the <E T="03">FNPRM</E> sought comment on the possibility for full-power outdoor unlicensed operations across the lower 45 megahertz portion of the 5.9 GHz band, those unlicensed operations issues are not addressed in the <E T="03">Second Report and Order.</E> In an <E T="03">Order on Reconsideration,</E> 89 FR 24835 (April 9, 2024), the Commission affirmed its decision in the <E T="03">First Report and Order</E> to repurpose the lower 45 megahertz for indoor unlicensed operations and rejected various arguments regarding indoor unlicensed devices' potential to cause harmful interference to ITS operations in the upper 30 megahertz. Recently, the Office of Engineering and Technology (OET), the Public Safety and Homeland Security Bureau (PSHSB), and the Wireless Telecommunications Bureau (WTB) (hereafter, “the Bureaus”) granted rule waivers to parties requesting to deploy C-V2X operations in the upper 30-megahertz portion of the 5.9 GHz band (5.895-5.925 GHz) prior to adopting final C-V2X-based technical rules. Specifically, each waiver applicant sought waivers for rule sections that establish the technical requirements mandating DSRC-based technology in the upper 30 megahertz of the 5.9 GHz band, to allow C-V2X-based operations in the band, and to provide adjustments to the technical parameters where the two technologies differ. The Bureaus found that waiving those rules was warranted under 47 CFR 1.925, subject to the waiver applicants' commitments to adhere to certain technical parameters and conditions developed to protect DSRC and federal incumbents from potential harmful interference caused by C-V2X operations in the upper 30 megahertz. All C-V2X operations pursuant to a waiver are limited to transportation and vehicle-safety related communications. Finally, the granted waivers were conditioned on the requirement that each waiver recipient would ensure that all operations and devices authorized under the waiver would comply with the final rules or other guidance provided by the Commission. <HD SOURCE="HD1">Discussion</HD> In the <E T="03">Second Report and Order,</E> the Commission finalizes rules concerning band usage, message prioritization, channel bandwidth, communications zones, power for RSUs and OBUs, and OOBE limits for C-V2X operations, along with other transition issues, including the transition timeline. Additionally, the Commission reaches several conclusions related to the incorporation of standards, the allocation of additional spectrum for ITS, and compensation to incumbents. The decisions in this document will not only promote the efficient use of 30 megahertz of spectrum dedicate ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 130k characters. 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