Court Won't Stay FCC 5.9 GHz Decision

The US Court of Appeals for the DC Circuit won't stay the Federal Communications Commission's decision to free up the spectrum that had been licensed for vehicle-to-vehicle communications for unlicensed Wi-Fi. The FCC previously voted unanimously to free up the lower 45 MHz of the 5.9 GHz band for wireless broadband, while transitioning the remaining upper 30 MHz to the latest iteration of vehicle-to-vehicle (V2V) communications and cellular vehicle-to-everything technology. The Intelligent Transportation Society of America and American Association of State Highway and Transportation Officials sought the motion for an emergency stay of the decision pending the court's hearing of the underlying appeal. The groups argued that the spectrum is needed for V2V communications, including collision avoidance, and that allowing the FCC to divvy up and share the band while the court considers the underlying challenge would risk interfering with life-saving technologies. The Alliance for Automotive Innovation and the 5G Automotive Association petitioned the FCC to reconsider all or parts of its decision, in part citing the change in administration. The 5.9 GHz  band reorganization was approved under the previous chairmanship of Republican Ajit Pai, but with support from Democrats including the current acting chair, Jessica Rosenworcel.