Responding to demands by high tech companies for more so-called “mid-band” unlicensed spectrum to augment that already made available in the 5 GHz Band, which accommodates Wi-Fi, Internet of Things (“IoT”), and other Unlicensed National Information Infrastructure (“U-NII”) applications as well as Licensed Assisted Access and LTE-Unlicensed solutions, the FCC will vote on a draft Notice of Proposed Rulemaking (“NPRM”) at its October 26 Open Meeting to make up to 1200 megahertz of nearby spectrum available for similar purposes. The draft leaves no doubt that, to make the 5.925-7.125 GHz band (the “6 GHz Band”) available for unlicensed use, sophisticated sharing mechanisms will need to be in place. Various parts of this frequency range are already used by fixed, mobile, and satellite services, and the draft item commits to protecting these incumbents and allowing these services to grow while at the same time opening the band to increased numbers of unlicensed devices. To achieve this, the Commission is considering drawing upon its experience with white spaces and the Citizens Broadband Radio Service (at 3550-3750 MHz), and would seek comment on numerous subjects before adopting rules. The draft item would be a stepping stone to enabling unlicensed devices to operate with wider bandwidths and higher data rates, which the Commission hopes would set off a new wave of innovation in consumer devices complementing its recent moves to spur the rollout of next-generation 5G networks. The NPRM, when adopted, will be sure to generate a wave of comments from both equipment manufacturers and broadband providers hungry for more spectrum as well as incumbent public safety organizations, utilities, satellite companies, and various other fixed and mobile services licensees seeking to protect and hoping to expand their existing operations in the 6 GHz Band, particularly as relocation options for other similar spectrum are increasingly scarce.
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