D.C. Circuit Affirms 5.9 GHz Order

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The U.S. Court of Appeals for the D.C. Circuit has unanimously upheld the FCC’s 2020 5.9 GHz order, which reallocated 45 MHz of the 5.9 GHz band for Wi-Fi use and 30 MHz for cellular vehicle-to-everything technology.  This radio spectrum was previously available for road safety applications, but the Commission determined that deployment of such technology in the spectrum had been too slow-moving.  The Court held that although the FCC does not have control over intelligent transportation systems, it has the duties to allocate spectrum, determine how much spectrum is necessary to support particular activities, and assign bands of frequencies to stations that will use the spectrum. 

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