[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Rules and Regulations]
[Pages 11373-11388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02962]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 90, No. 43 / Thursday, March 6, 2025 / Rules 
and Regulations

[[Page 11373]]



FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 18-295, GN Docket No. 17-183; FCC 24-125; FR ID 275890]


Unlicensed Use of the 6 GHz Band; Expanding Flexible Use in Mid-
Band Spectrum Between 3.7 and 24 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) expands unlicensed very low power (VLP) device 
operation to the entire 6 gigahertz (GHz) band (5.925-7.125 megahertz 
(MHz)). The VLP devices will operate with the same power levels and 
other technical and operational requirements that apply to VLP devices 
in the U-NII-5 (5.925-6.425 MHz) and U-NII-7(6.525-6.875 MHz) portions 
of the 6 GHz band. These technical and operational requirements are 
designed to prevent the licensed services that operate in the 6 GHz 
band from experiencing harmful interference. The Commission's actions 
will provide additional spectrum for high-throughput, low latency 
operations for these versatile portable devices.

DATES: This final rule is effective May 5, 2025.

FOR FURTHER INFORMATION CONTACT: Nicholas Oros of the Office of 
Engineering and Technology, at [email protected] or 202-418-0636.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, in ET Docket No. 18-295, GN Docket No. 17-138, FCC 
24-125, adopted on December 11, 2024, and released on December 13, 
2024. The full text of this document is available for public inspection 
and can be downloaded at https://docs.fcc.gov/public/attachments/FCC-24-125A1.pdf. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format) by 
sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice-and-comment rulemaking, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA) concerning the possible impact of the rule 
and policy changes contained in the Third Report and Order on small 
entities. The FRFA is set forth in Appendix B, https://docs.fcc.gov/public/attachments/FCC-24-125A1.pdf.
    Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, therefore, it 
does not contain any new or modified information collection burden 
``for small business concerns with fewer than 25 employees,'' pursuant 
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
44 U.S.C. 3506(c)(4).
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this this rule is 
``major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of the Third Report and Order to Congress 
and the Government Accountability Office pursuant to 5 U.S.C. 
801(a)(1)(A).

Synopsis

Introduction

    In 2020, the Commission adopted rules making unlicensed device 
access to 1200 megahertz across the 6 GHz band (5.925-7.125 GHz) more 
flexible, resulting in increased unlicensed device usage. These rules 
unleashed a torrent of new devices taking advantage of the newer Wi-Fi 
6 and 6E standards to provide users across the U.S. with a better Wi-Fi 
user experience. More recently, in 2023, the Commission expanded 6 GHz 
band unlicensed use to permit an additional class of unlicensed access 
points--very low power (VLP) devices. VLP devices are intended to 
provide high data rate connections across short distances.
    The Commission expands unlicensed VLP device operation to the 
entire 6 GHz band. This will provide additional spectrum for high-
throughput, low latency operations for these versatile portable 
devices. Specifically, the Commission's actions pave the way for these 
devices to use the latest standards and to take advantage of larger 
channels across the 6 GHz band. The Commission expects that VLP devices 
will be instrumental in supporting cutting-edge applications, such as 
augmented and virtual reality and body-worn technologies, that will 
help businesses, enhance learning opportunities, advance healthcare 
opportunities, and bring new entertainment experiences. As the 
Commission expands the spectrum available for VLP devices, it adopts 
the same power levels and other technical and operational requirements 
that apply to VLP devices in the U-NII-5 and U-NII-7 portions of the 6 
GHz band, which are designed to prevent the licensed services that 
operate in the 6 GHz band from experiencing harmful interference. In 
this way, the Commission facilitates more intensive use of its valuable 
spectrum resources, thereby enabling exciting new technologies to be 
deployed to American consumers, while ensuring that incumbent services 
are protected from harmful interference.

Background

    The 6 GHz band has allocations for the Fixed Service, Mobile 
Service, and Fixed Satellite Service (FSS) across four sub-bands. These 
four sub-bands--which the Commission refers to as U-NII-5, U-NII-6, U-
NII-7, and U-NII-8, respectively--are delineated based on the 
prevalence and characteristics of the incumbent licensed services that 
operate in each sub-band as denoted in table 1. Fixed microwave service 
licensees, specifically those operating point-to-point microwave links 
that support a variety of critical services provided by utilities, 
commercial and private entities, and public safety

[[Page 11374]]

agencies, are the largest user group in the 6 GHz band. These fixed 
microwave service licensees make significant use of the U-NII-5 and U-
NII-7 bands, and also operate in relatively smaller numbers in the U-
NII-8 band. The microwave links provide backhaul for commercial 
wireless providers (such as traffic between commercial wireless base 
stations and wireline networks), coordinate railroad train movements, 
control natural gas and oil pipelines, manage electric grids, as well 
as carry long-distance telephone calls.

                           Table 1--Predominant Licensed Uses of the 6 Gigahertz Band
----------------------------------------------------------------------------------------------------------------
                                       Frequency range                                   Predominant licensed
              Sub-band                      (GHz)            Primary  allocation               services
----------------------------------------------------------------------------------------------------------------
U-NII-5.............................        5.925-6.425  Fixed.....................  Fixed Microwave.
                                                         FSS.......................  FSS (uplinks).
U-NII-6.............................        6.425-6.525  Mobile....................  Broadcast Auxiliary
                                                         FSS.......................   Service.
                                                                                     Cable Television Relay
                                                                                      Service.
                                                                                     FSS (uplinks).
U-NII-7.............................        6.525-6.875  Fixed.....................  Fixed Microwave.
                                                         FSS.......................  FSS (uplinks/downlinks).
U-NII-8.............................        6.875-7.125  Fixed.....................  Fixed Microwave.
                                                         Mobile....................  Broadcast Auxiliary
                                                         FSS.......................   Service.
                                                                                     Cable Television Relay
                                                                                      Service.
                                                                                     FSS (uplinks/downlinks)
                                                                                      (6.875-7.075 GHz only).
----------------------------------------------------------------------------------------------------------------

    The Broadcast Auxiliary Service (BAS) and Cable Television Relay 
Service (CARS) operate in the U-NII-6 band on a mobile basis, and in 
the U-NII-8 band on both a fixed and mobile basis. Licensees use BAS 
and CARS pick-up stations to transmit programming material from special 
events or remote locations, including electronic news gathering, back 
to the studio or other central receive locations. Television broadcast 
related microwave links, such as television studio transmitter links, 
television inter-city relay links, and television translator relay 
links, operate primarily one-way point-to-point systems in the U-NII-8 
band. Additionally, Low Power Auxiliary Stations (i.e., wireless 
microphones), which operate on an itinerant basis, are authorized to 
operate in the U-NII-8 band on a secondary basis for uses such as 
portable cameras, wireless microphones, cues, and backstage 
communications.
    The Fixed Satellite Service (FSS) is allocated in the Earth-to-
space direction in all four sub-bands, except for the 7.075-7.125 GHz 
portion of the U-NII-8 band. FSS operations are heaviest in the U-NII-5 
band, which is paired with the 3.7-4.2 GHz frequency band in the space-
to-Earth direction to comprise the ``conventional C band.'' Predominant 
FSS uses of these frequencies include content distribution to 
television and radio broadcasters, including transportable antennas to 
cover live news and sports events, cable television and small master 
antenna systems, and telephone and data backhaul traffic. The 7.025-
7.075 GHz portion of the U-NII-8 band also hosts feeder uplinks to 
Satellite Digital Audio Radio Service space stations. Additionally, 
portions of the UNII-7 and U-NII-8 bands are allocated for FSS space-
to-Earth operations for Mobile-Satellite Service feeder links between 
6.700 GHz and 7.075 GHz. In addition to these licensed incumbent 
services, an international footnote in the table of frequency 
allocations urges that the Commission takes ``all practicable steps'' 
to protect the radio astronomy service in the 6650-6675.2 MHz range 
from harmful interference. Finally, low-power unlicensed ultra-wideband 
(UWB) and wideband systems operate in the 6 GHz band under the 
Commission's part 15 rules. Like all other part 15 devices, UWB and 
wideband devices operate on a non-interference basis and must accept 
interference from and are not permitted to cause harmful interference 
to authorized stations.
    On April 23, 2020, the Commission adopted a Report and Order (6 GHz 
First Order), 85 FR 31390 (May 26, 2020), that expanded unlicensed 
operations in the 6 GHz band (5.925-7.125 GHz). The 6 GHz First Order 
adopted rules for two categories of unlicensed operations--standard-
power operations and low-power indoor (LPI) operations. Standard-power 
access points and fixed client devices are limited to two portions of 
the 6 GHz band--the U-NII-5 band (5.925-6.425 GHz) and the U-NII-7 band 
(6.525-6.875 GHz)--and are required to operate under the control of an 
automated frequency coordination (AFC) system. Low-power indoor access 
points can operate across the entire 6 GHz band, but at lower power 
levels than standard power operations, and must incorporate a 
contention-based protocol. Client devices operate under the control of 
either a standard-power or low-power indoor access point and 
communicate using power levels that depend on the type of access point 
to which they are connected.
    On November 1, 2023, the Commission released a Second Report and 
Order, 89 FR 874 (January 8, 2024), that allowed unlicensed very low 
power (VLP) devices to operate in the U-NII-5 and U-NII-7 portions of 
the 6 GHz band (6 GHz Second Order). The VLP devices are authorized to 
operate anywhere, indoors and outdoors, without being under the control 
of an AFC system. The VLP devices are limited to power levels that 
allow them to coexist with incumbent operations in the band: 14 
decibel-milliwatts (dBm) equivalent isotropic radiated power (EIRP) and 
a -5 dBm/MHz EIRP power spectral density. VLP devices are also required 
to employ a transmit power control mechanism that has the capability to 
operate at least 6 dB below the -5 dBm/MHz EIRP power spectral density 
(PSD) level and must employ a contention-based protocol. VLP devices 
are prohibited from operating as part of a fixed outdoor 
infrastructure, such as poles or buildings. Also, VLP devices are 
required to prioritize operations above 6105 MHz prior to operating on 
frequencies between 5925 MHz and 6105 MHz to ensure that services below 
the U-NII-5 band are protected from potential harmful interference. In 
the 6 GHz Second Order, the Commission required emissions from VLP 
devices in the U-NII-5 and U-NII-7 bands to comply with the 
transmission emission mask adopted in the 6 GHz First Order. The power 
spectral density must be suppressed by 20 dB at one megahertz outside 
of an unlicensed device's channel edge, suppressed by 28 dB at one 
channel bandwidth from an unlicensed device's channel center, and 
suppressed by 40 dB at one and one-half

[[Page 11375]]

times the channel bandwidth away from an unlicensed device's channel 
center. At frequencies between one megahertz outside an unlicensed 
device's channel edge and one channel bandwidth from the center of the 
channel, the limits must be linearly interpolated between the 20 dB and 
28 dB suppression levels. At frequencies between one and one and one-
half times an unlicensed device's channel bandwidth from the center of 
the channel, the limits must be linearly interpolated between the 28 dB 
and 40 dB suppression levels. Emissions removed from the channel center 
by more than one and one-half times the channel bandwidth, but within 
the U-NII-5 and U-NII-7 bands, must be suppressed by at least 40 dB. 
The Commission is adopting the same emission limits for VLP devices 
operating in the U-NII-6 and U-NII-8 bands. For emissions limits at the 
edge of the U-NII-5 and U-NII-8 bands, 6 GHz VLP devices must comply 
with a -27 dBm/MHz EIRP limit at frequencies below the bottom of the U-
NII-5 band (5.925 GHz) and above the upper edge of the U-NII-8 band 
(7.125 GHz). Consistent with the rules adopted in the 6 GHz Second 
Order for LPI and standard power devices, VLP devices will be 
prohibited from operating in low flying aircraft and unmanned aircraft 
systems. For aircraft above 10,000 feet, VLP devices can operate across 
the 5.925-6.425 GHz band. The Commission will also continue to prohibit 
VLP devices from operating on oil platforms. Similarly, in the 6 GHz 
Second Order, VLP devices will continue to be permitted to operate on 
boats.
    In the Second Further Notice of Proposed Rulemaking (6 GHz Second 
FNPRM), 89 FR 14015 (February 26, 2024), adopted concurrently with the 
6 GHz Second Order, the Commission proposed to expand VLP operation to 
the U-NII-6 (6.425-6.525 GHz) and U-NII-8 (6.875-7.125 GHz) portions of 
the 6 GHz band, with no requirement that the devices be kept indoors or 
be under the control of an AFC system. The 6 GHz Second FNPRM also 
proposed to permit VLP operation at higher power levels while under the 
control of a geofencing system. The geofencing system would utilize 
Commission databases to create exclusion zones to protect incumbent 
licensed services. In addition, because the current 6 GHz unlicensed 
rules prohibit direct communication between client devices, the 6 GHz 
Second FNPRM sought comment on allowing such communications between 
client devices to 6 GHz unlicensed low-power indoor access points. In 
the Third Report and Order, the Commission only addresses the 6 GHz 
Second FNPRM proposal to expand VLP operation to the U-NII-6 and U-NII-
8 portions of the 6 GHz band while deferring the remaining issues to 
future Commission actions.
    The Commission received comments from numerous parties in favor of 
allowing unlicensed VLP operations in the 6 GHz band, as well as from 
parties representing the interests of incumbent licensees raising 
concerns about potential harmful interference from the proposed 
unlicensed VLP operations in the U-NII-6 and U-NII-8 bands. In response 
to the 6 GHz Second FNPRM, 6 GHz band unlicensed device proponents--
including Apple, Broadcom, Google, Intel Corporation, Meta Platforms, 
Microsoft Corporation, Qualcomm, the Wi-Fi Alliance, the Wireless 
Broadband Alliance, the Japan Electronics and Information Technology 
Industries Association, and the Consumer Technology Association (CTA)--
support the Commission's proposal for authorizing unlicensed VLP device 
operations across the 6 GHz band. They emphasize that such operations 
will support a host of immersive, real-time applications in areas such 
as healthcare, high accuracy location, advanced connectivity, 
innovative game experiences, and augmented reality/virtual-reality 
devices, among other uses. CTA points out that providing high-speed 
connections for some of the most advanced applications, including 
wearables and augmented and virtual reality (AR/VR), will help 
businesses, enhance learning opportunities, advance healthcare 
opportunities, and bring new entertainment experiences. Several 
commenters also assert that technical rules can be established to 
protect incumbent spectrum users from harmful interference. Apple, 
Broadcom, et al. submitted several technical studies to support their 
contention that VLP devices will not cause harmful interference to 
licensed incumbent users.
    Commenters representing incumbent users express various concerns 
about the potential for harmful interference to their operations from 
unlicensed VLP operations. Commenting parties include the National 
Public Safety Telecommunications Council on behalf of public safety 
microwave incumbents, Sirius XM Radio, the National Association of 
Broadcasters (NAB) on behalf of local radio and television stations and 
broadcast networks, and the National Academy of Sciences' Committee on 
Radio Frequencies regarding radio astronomy observatories. In its 
comment, Electric Power Research Institute (EPRI) states that incumbent 
microwave operators will incur significant costs in trying to locate 
VLP interference sources if the protection scheme is ineffective in 
providing adequate protection. According to EPRI, ``VLP sources being 
outdoor and portable or vehicular mobile[ ] will make locating the 
offending device extremely difficult if not impossible.'' MEMA, The 
Vehicle Suppliers Association, also expressed interference concerns in 
its filing, pointing out that higher transmitting power in VLP devices 
could ``increase the potential for interference with vehicle safety 
systems communications.''

Discussion

    The Commission adopts rules to permit VLP devices to operate across 
the U-NII-6 and U-NII-8 portions of the 6 GHz band at the same power 
levels the Commission adopted for VLP operations in the U-NII-5 and U-
NII-7 bands: -5 dBm/MHz EIRP power spectral density (PSD) and 14 dBm 
EIRP. This will expand the spectrum available for VLP devices to 1200 
megahertz, thereby permitting the use of up to seven 160-megahertz 
channels or three 320-megahertz channels. VLP devices will enable new 
innovative uses and will provide opportunities to enhance nascent 
applications, such as augmented reality/virtual reality, in-car 
connectivity, wearable on-body devices, healthcare monitoring, short-
range mobile hotspots, high accuracy location and navigation, and 
automation. The rules the Commission is adopting are designed to 
support innovation to bring exciting new applications to market while 
protecting the important licensed services that operate in the U-NII-6 
and U-NII-8 portions of the 6 GHz band from harmful interference. The 
Commission concludes that VLP operation at the power levels they are 
permitting will have an insignificant potential for causing harmful 
interference to licensed users of the band.
    In expanding VLP operations to the U-NII-6 and U-NII-8 portions of 
the 6 GHz band, the Commission is adopting the same rules that it 
previously adopted for VLP devices operating in the U-NII-5 and U-NII-7 
bands. For example, VLP devices in the U-NII-6 and U-NII-8 bands must 
operate at the same power levels, employ a contention-based protocol, 
and implement transmit power control.

[[Page 11376]]

Protecting Mobile Services

    The U-NII-6 and U-NII-8 bands are used for electronic newsgathering 
(ENG) and other video broadcasting-related applications by licensees 
operating under the part 74 broadcast auxiliary services, part 78 Cable 
Television Relay Service, and part 101 Local Television Transmission 
Service. Additionally, Low Power Auxiliary Stations (i.e., wireless 
microphones), which operate on an itinerant basis, are authorized to 
operate in the U-NII-8 band on a secondary basis for uses such as 
portable cameras, wireless microphones, cues, and backstage 
communications. The 6 GHz Second FNPRM specifically requested 
information on three categories of mobile 6 GHz band equipment: (i) 
outdoor ENG central receive sites; (ii) outdoor ENG truck receivers 
(transmissions from portable cameras and microphones to a receiver on a 
truck); and (iii) low-power short range mobile devices. Commenters in 
response to the 6 GHz Second FNPRM discussed the interference potential 
of VLP devices to outdoor ENG central receive sites and transmissions 
from portable cameras to outdoor ENG truck receivers. No commenters 
provided feedback regarding other types of mobile 6 GHz equipment or 
use scenarios, such as low-power short range mobile devices. Because no 
commenters have raised concerns or suggested other use cases, the 
Commission directs its examination of the potential for VLP devices to 
cause harmful interference to mobile applications to the three specific 
use cases discussed in the 6 GHz Second FNPRM. As discussed in more 
detail below, the Commission concludes that there is an insignificant 
risk that VLP device operation in the U-NII-6 and U-NII-8 bands will 
cause harmful interference to licensed mobile operations for these use 
cases.
    Limiting its discussion to these three use cases closely mirrors 
the approach the Commission followed when adopting rules to permit 
unlicensed 6 GHz band low-power indoor devices to operate in the U-NII-
6 and U-NII-8 bands. For low-power indoor devices, the Commission 
considered three distinct use cases as representative of mobile use of 
those portions of the 6 GHz band: (i) an ENG truck transmitting to a 
central receive site; (ii) portable cameras transmitting to an outdoor 
ENG truck receiver; and (iii) portable cameras transmitting to an 
indoor receive site. These were the three use cases that were examined 
in an engineering study conducted by Alion (Alion Study) that was 
provided by NAB. The first two of these use cases are identical to the 
cases in the 6 GHz Second FNPRM, while the 6 GHz Second FNPRM discusses 
a slightly broader third case. Given the Commission's past approach to 
considering the interference potential of 6 GHz unlicensed devices to 
mobile operations, the Commission believes that discussing the three 
use cases raised in the 6 GHz Second FNPRM adequately addresses mobile 
operations in the band.

ENG Central Receive Sites

    The communications link between ENG trucks and a central receive 
site shares many of the characteristics of a fixed microwave link. 
Specifically, the link uses directional antennas to send signals 
between two fixed locations that are mostly above the local clutter. 
The 6 GHz Second FNPRM proposed to permit VLP devices to operate in the 
U-NII-6 and U-NII-8 bands and sought comment on whether VLP devices 
could operate at up to -5 dBm/MHz EIRP PSD and 14 dBm EIRP in those 
bands while keeping the risk of harmful interference to ENG central 
receive sites to an insignificant level. The 6 GHz Second FNPRM also 
sought comment on whether the same type of analysis discussed in the 6 
GHz Second Order showing an insignificant harmful interference risk to 
fixed microwave receive sites would be appropriate with respect to ENG 
central receive sites, or whether there are inherent differences 
between BAS/CARS operations as compared to fixed point-to-point 
operations that must be considered when analyzing the harmful 
interference risk, e.g., differences in antenna beamwidth and gain, 
typical antenna heights or receive antenna locations.
    NAB expresses concerns about potential interference to ENG central 
receive sites from VLP devices in the U-NII-6 and U-NII-8 bands. In 
making its comments, NAB considered a study filed by Apple, Broadcom, 
et al. on September 11, 2023, which found that VLP devices would not 
cause harmful interference to ENG central receive sites. NAB concedes 
that ``in a Monte Carlo analysis that relies on reasonable assumptions, 
some number, even a large number, of simulations might yield no 
degradation or interference to an ENG receiver,'' but states that 
Apple, Broadcom, et al.'s claim of absolutely no interference to ENG 
receivers, ever, is ``plainly and facially unreasonable.'' NAB states 
that ``[m]any hypothetical VLP transmitters located near [an] ENG 
receive antenna would certainly present signals exceeding -6 dB above 
the receiver noise floor,'' and argues as an example that the 
Washington, DC Old Post Office site considered in the Alion Study would 
have a received signal level 34 dB above the -6 dB interference-to-
noise (I/N) criterion from a VLP device located 500 meters away. NAB 
disputes Apple, Broadcom, et al.'s claim that `` `ENG links typically 
are configured to operate with a significantly higher signal-to-noise 
ratio than needed to successfully operate,' '' stating that this is 
``unfounded and inaccurate'' because ``ENG links are not `configured' 
to operate in some excessive or overengineered manner . . . and often 
operate within a few dB of failure.''
    On June 28, 2024, Apple, Broadcom, and Meta submitted an additional 
study performed by RKF Engineering (RKF) on the potential for 
interference from VLP devices to ENG central receive sites in the 6 GHz 
band. RKF performed a Monte Carlo analysis with 100,000 iterations over 
the contiguous United States to investigate the likelihood of harmful 
interference to ENG central receiver sites from VLP devices in the U-
NII-6 and U-NII-8 bands. A Monte Carlo simulation uses random sampling 
and statistical modeling to estimate mathematical functions and mimic 
the operations of complex systems. The simulation examined all 567 ENG 
central receive sites listed in the FCC's Universal Licensing System 
for the continental United States as a representative sample of all ENG 
central receive sites. RKF states that ``[t]he analysis demonstrates 
that the risk that VLP devices will cause exceedances of -6 dB I/N is 
extremely low,'' and is in fact ``lower than [in] other scenarios where 
the Commission has determined that sharing between 6 GHz [Radio Local 
Area Network (RLAN)] devices and incumbent licensees presented an 
`insignificant' risk of harmful interference by the FCC's definition.'' 
It states that 95% of ENG receive sites ``had no exceedance over 
100,000 simulation iterations,'' and that ``[t]he risk of harmful 
interference from VLP devices to [ENG receive sites] was exceedingly 
small with a 0.0001% average probability of an exceedance across all 
[ENG receive sites].''
    On November 7, 2024, Apple, Broadcom, et al. submitted updated 
results for the June 28, 2024, study. NAB pointed out that it might be 
possible that the June 28, 2024, study had inverted the antenna pattern 
for the ENG central receive sites to have positive gain above the 
horizon instead of below the horizon. Apple, Broadcom, et al. agreed 
with NAB that the antenna pattern used in the June 28, 2024, study was 
incorrect and submitted new simulation results with the antenna

[[Page 11377]]

pattern correctly implemented. The revised simulation indicates the 
probability of exceeding -6 dB I/N across all ENG central receive sites 
was 0.0005%, which Apple, Broadcom, et al. contend is below what the 
Commission found to be acceptable for low-power indoor operation in the 
U-NII-6 and U-NII-8 bands. The revised simulation also indicates that 
the probability of exceeding -6 dB I/N for the ENG receive site with 
the highest probability of exceedance increased from 0.007% to 0.009%, 
which Apple, Broadcom, et al. point out is much lower than the 0.04% 
exceedance probability for the worst-case link in the San Francisco 
study that the Commission relied on in the 6 GHz Second Order.
    The Commission finds that the June 28, 2024, computer simulations 
based on Monte Carlo analysis submitted by Apple, Broadcom, and Meta, 
as corrected by the Apple, Broadcom, et al. November 7, 2024, filing, 
provides sufficient support for permitting VLP operation at up to -5 
dBm/MHz EIRP power spectral density (PSD) and 14 dBm EIRP across the U-
NII-6 and U-NII-8 portions of the 6 GHz band. Relying on this computer 
simulation is consistent with a directive the Commission made in a 2023 
Policy Statement to follow a data-driven approach to spectrum 
management rather than placing dispositive weight on worst-case 
examples that may be rare or never occur in practice. Relying on Monte 
Carlo computer simulations is also consistent with the Commission's 
previous actions in adopting rules for unlicensed 6 GHz low-power 
indoor devices and for VLP devices in the U-NII-5 and U-NII-7 bands. 
For the low-power indoor device rules, the Commission characterized a 
Monte Carlo computer simulation submitted by CableLabs as ``the best 
evidence in the record of the impact that unlicensed low-power indoor 
devices will have on incumbent operations,'' and for the VLP rules the 
Commission found that Monte Carlo computer simulations submitted by 
Apple, Broadcom, et al. and by Apple provided sufficient support for 
permitting VLP operation in the U-NII-5 and U-NII-7 bands.
    The Commission previously found that a well-designed computer 
simulation can simultaneously model many probabilistic factors that 
determine whether harmful interference may occur. In the case of ENG 
central receive sites in the U-NII-6 and U-NII-8 bands, these factors 
include VLP device location variability in relation to the ENG 
receiver, height of the VLP device, whether the VLP device is operating 
co-channel to the ENG receiver, the VLP power level, and the radio 
propagation environment. In examining the potential for harmful 
interference to occur to ENG central receive sites from VLP devices, 
the characteristics of the receivers and antennas must also be 
considered. ENG central receive sites use directional antennas 
typically located on tall towers or building rooftops, but unlike fixed 
microwave antennas their directivity may be variable to accommodate ENG 
signals from multiple directions. In addition, other factors that 
affect the potential for VLP devices to cause harmful interference 
include body loss, the use of transmit power control (TPC), and antenna 
polarization mismatch.
    Based on Apple, Broadcom, and Meta's June 28, 2024, study, as 
corrected by the Apple, Broadcom, et al. November 7, 2024, filing, the 
Commission concludes that there is an insignificant risk of harmful 
interference occurring to ENG central receiver sites from VLP devices 
operating in the U-NII-6 and U-NII-8 bands. This simulation provides a 
detailed description of all the assumptions used in performing a Monte 
Carlo analysis to determine the likelihood of harmful interference to 
ENG central receive sites from VLP devices operating in the U-NII-6 and 
U-NII-8 bands. With the exception of certain assumptions specific to 
ENG central receive sites described below, it uses the same assumptions 
as the San Francisco simulation that the Commission relied upon in the 
6 GHz Second Order when it adopted rules for VLP devices in the U-NII-5 
and U-NII-7 bands. It assumes a -5 dBm/MHz PSD VLP EIRP and a 14 dBm 
maximum EIRP, power reduction from TPC based on a Gaussian distribution 
with a 3 dB mean that is truncated at 0 dB and 6 dB, body loss based on 
a Gaussian distribution with a 4 dB mean that is truncated at 0 dB and 
8 dB, and a VLP device height of 1.5 meters in 90% of cases with higher 
elevation (e.g., on balconies) in 10% of cases. To determine the number 
of active VLP devices in each simulation iteration, the study used the 
same assumptions as for the San Francisco study regarding the 
percentage of people outdoors (6%), the percentage of people outdoors 
using VLP devices (25%), the percentage of VLP devices operating in 
unlicensed bands (90%), the percentage of those devices capable of 
using the 6 GHz band (50%), the percentage of the devices actually 
using the 6 GHz band (65%), and the percentage of devices actively 
transmitting at any instant (2%). Multiplying these percentages by the 
total United States population results in 29,661 active VLP devices for 
each iteration. The study also used the same propagation models 
previously specified by the Commission and used in prior studies, i.e., 
free space path loss at distances less than 30 meters, WINNER II line-
of-sight (LOS) at distances between 30 meters and 50 meters, WINNER II 
Combined LOS/non-LOS (NLOS) at distances between 50 meters and 1 
kilometer, and Irregular Terrain Model (ITM) at distances greater than 
1 kilometer.
    Apple, Broadcom, and Meta's June 28, 2024, study used ENG receive 
site antenna information for the 567 receive sites listed in the 
Commission's Universal Licensing System (ULS), specifically, the center 
frequency, bandwidth, location, antenna height above ground, and 
maximum antenna gain. In analyzing the ULS data, RKF discovered that 99 
of these sites had an apparently erroneous antenna height of exactly 
6.1 meters listed when in fact the antenna height was much greater 
because it was mounted on a building or tall tower. RKF believed that 
it was more appropriate to perform the analysis by excluding the sites 
with apparently erroneous antenna height information, but also provided 
results showing the effect of including these sites. Apple, Broadcom, 
and Meta's June 2024 study uses the same parameters and assumptions as 
NAB's Alion Study for ENG central receive sites, specifically, Vislink 
ProScan III antenna patterns (azimuth and elevation), a 4 dB receiver 
noise figure, and a 1 dB feeder loss.
    Apple, Broadcom, and Meta's June 28, 2024, study, as corrected by 
the Apple, Broadcom, et al. November 7, 2024, filing, shows that the 
average probability of exceeding the -6 dB I/N interference protection 
criterion in a given iteration is only 0.0005% per central receive 
site. Further, the study showed the worst-case probability for a single 
receive site to exceed this metric is only 0.009%. Based on the results 
of this study, which uses assumptions and parameters that are 
consistent with those the Commission previously accepted, the 
Commission finds that the risk of harmful interference to ENG central 
receive sites is insignificant. The Commission notes that these results 
showing an extremely low harmful interference likelihood are consistent 
with those of the September 11, 2023, study submitted by Apple, 
Broadcom, et al., which analyzed the potential for interference from 
VLP devices at two ENG central receive sites. The Commission recognizes 
the limitations of Apple, Broadcom, and Meta's latest analysis in that 
not every ENG central

[[Page 11378]]

receive site is listed in the ULS, but the Commission believes that the 
sample size is large enough to represent the harmful interference 
potential of VLP devices in the U-NII-6 and U-NII-8 bands. Regardless 
of whether the analysis includes or excludes the 99 receive sites 
listed in the ULS that have apparently incorrect height information, 
the Commission's conclusion is the same in that the likelihood that the 
-6 dB I/N ratio will be exceeded at ENG central receive sites is very 
low and presents only an insignificant harmful interference risk.
    NAB takes issue with several aspects of Apple, Broadcom, and Meta's 
June 28, 2024, study. NAB faults the study for placing VLP devices at 
locations throughout the entire contiguous United States, which it 
notes includes locations more than 30 kilometers from ENG central 
receive sites. NAB claims that interference would not be possible at 
such distances. NAB also claims that the study does not include enough 
active VLP devices in each iteration. It points out that by using only 
approximately 30,000 VLP devices across the contiguous United States, 
it only evaluates potential interference from an average of one device 
in every 100 square miles. The Commission disagrees with NAB regarding 
the merit of its criticism. Apple, Broadcom, and Meta's June 28, 2024, 
study, as corrected by the Apple, Broadcom, et al. November 7, 2024, 
filing, provides I/N statistics at ENG central receive sites resulting 
from VLP operations. The Commission believes that the methodology 
employed, which randomly placed the active VLP devices based on 
population density, was appropriate for evaluating the potential 
interference environment to generate these I/N statistics. The study 
used appropriate assumptions to determine that 30,000 VLP devices will 
be transmitting at a time. As noted, active VLP devices were placed 
based on population density, and because the study accounts for 
receivers in densely populated areas, the number of active VLP devices 
near ENG central receive sites evaluated during each iteration is 
likely to be far higher than NAB's calculated average. The Commission 
agrees with Apple, Broadcom, et al. that the inclusion of VLP devices 
in the simulation that are distant from ENG central receive sites does 
not change the properly modeled density of VLP devices close to the ENG 
central receive sites, which is based on user density. Thus, NAB's 
argument does not reflect the nature of how VLP devices were actually 
placed for evaluation. Relatedly, the Commission also notes that the 
fact that many VLP devices will not be located within 30 kilometers of 
an ENG central receiver site reflects the reality that the majority of 
VLP devices active at any given time will not be operating near these 
locations.
    The Commission disagrees with NAB's contention that a VLP device 
operating at 500 meters from the Old Post Office Building in 
Washington, DC would produce a received signal level that exceeds the -
6 dB I/N threshold by 34 dB at an ENG receiver located there. The 
Commission reiterates that exceeding a -6 dB I/N does not constitute 
harmful interference, rather, if the probability of exceeding this 
level is extremely low, then the probability of actual harmful 
interference is insignificant. NAB does not describe how it calculated 
its result, but based on the magnitude the Commission believes that NAB 
used a methodology inconsistent with previous Commission orders, 
resulting in an unrealistically high I/N ratio. Its result appears to 
be consistent with the use of free-space propagation modeling, whereas 
the Commission previously rejected free-space propagation modeling at 
distances greater than 30 meters, stating that free space propagation 
has limited applicability beyond that distance because it ignores 
environmental clutter and over long distances can result in extremely 
conservative calculations that under predict the amount of actual path 
loss. The Commission found that the WINNER II model is more appropriate 
for distances between 30 meters and 1 kilometer because it accounts for 
obstructions from urban and suburban clutter, which the free space 
model does not. Also, NAB's stated value of -104 dBm/10 MHz for ENG 
receiver sensitivity appears to be too low. The Commission calculates 
that this level would be the thermal noise floor of a receiver with a 
10 megahertz bandwidth, meaning it does not include the receiver noise 
figure. The Alion Study specifies that a receiver noise figure of 4 dB 
along with a line loss of 1 dB should be included in calculating 
potential interference to ENG receivers. Additionally, NAB failed to 
include other mitigating factors that the Commission previously found 
were appropriate, specifically, 3 dB for TPC, 4 dB for body loss, 3 dB 
for antenna polarization mismatch, and 5 dB for antenna pattern 
mismatch. Taking all these factors into account, the Commission 
calculates that the received signal strength in NAB's example would be 
-129 dBm, compared to a receiver noise floor of -100 dBm (including 
noise figure), significantly less than the -6 dB I/N metric.
    In sum, Apple, Broadcom, and Meta's latest study performed in the 
same manner and using the same assumptions as previous studies (with 
the exception of those specific to ENG receivers) that the Commission 
found acceptable for permitting VLP devices in the U-NII-5 and U-NII-7 
bands shows that the likelihood of VLP devices in the U-NII-6 and U-
NII-8 bands exceeding -6 dB I/N at an ENG central receive site is 
extremely low. In addition, the Commission's calculations show that 
even in what NAB indicates would be a worst-case scenario, a VLP device 
would likely not exceed -6 dB I/N. Thus, the Commission concludes that 
the risk of harmful interference from VLP devices to ENG central 
receive sites in the U-NII-6 and U-NII-8 bands is insignificant. 
Because this interference risk is so low in the absence of any of the 
additional factors or mitigation measures suggested by Apple, Broadcom, 
et al. that could further reduce the likelihood of harmful interference 
(i.e., that links have a significantly higher signal-to-noise ratio 
than needed to successfully operate, the locations of ENG trucks can be 
moved to get a better line of sight to a fixed receive site, and ENG 
power levels can be increased), the Commission does not address NAB's 
arguments on the validity of the Apple, Broadcom, et al.'s statements.
    NAB's points regarding interference matters in other bands and 
outside the record of this proceeding do not add support to its claims 
of potential interference described here, and the Commission has 
adequately addressed those for purposes of this rulemaking. 
Specifically, NAB claims that it has repeatedly demonstrated that 
broadcasters have lost access to licensed spectrum in the 2.4 GHz band 
``due to ruinous interference from unlicensed devices'' that ``has 
continued unabated for nearly 25 years.'' The Commission has previously 
concluded that the record in this proceeding ``contains no substantial 
evidence of harmful interference to broadcast operations in the 2.4 GHz 
band'' and noted the absence of interference complaints regarding the 
2.4 GHz band. No commenter to this proceeding offers new information 
regarding such interference claims, and the Commission declines to 
revisit them on its own motion. NAB also contends that even when 
interference occurs among licensed users, such as alleged interference 
to private land mobile systems in spectrum bands shared with broadcast 
television stations, the

[[Page 11379]]

Commission has not consistently investigated or resolved these 
conflicts. NAB claims that rather than take action to resolve these 
longstanding interference problems, the Commission has demurred. 
According to NAB, this past FCC inaction raises concerns that if the 
risk of interference is not addressed now it will go unaddressed in the 
future. The Commission takes seriously its responsibility to prevent 
harmful interference from occurring. The Commission has concluded that 
permitting VLP devices to operate in the U-NII-6 and U-NII-8 bands will 
present an insignificant harmful interference risk to licensed mobile 
operations. Therefore, the Commission has adequately addressed NAB's 
interference concerns and NAB's allegations concerning the Commission's 
inaction regarding interference in other bands do not provide grounds 
to alter its course. Nonetheless, the Commission also remains committed 
to resolving harmful incidents in the unlikely possibility that they 
occur.

ENG Truck Receivers

    Electronic newsgathering (ENG) trucks are generally situated near a 
news or sporting event and receive signals from hand-held cameras or 
other portable news gathering equipment. According to the Alion Study 
previously submitted by NAB, the ENG truck receive antenna may be omni-
directional or sectoral with adjustable height from 5 to 50 feet and 
the signals may use various bandwidths between 3 and 20 megahertz. The 
6 GHz Second FNPRM proposed to permit VLP devices to operate in the U-
NII-6 and U-NII-8 bands and sought comment on whether the devices can 
operate at up to -5 dBm/MHz EIRP PSD and 14 dBm EIRP while minimizing 
the risk of harmful interference to ENG truck receivers. The 6 GHz 
Second FNPRM asked what is the appropriate metric for evaluating the 
harmful interference risk to an ENG truck receiver; if signal-to-
interference-plus-noise ratio (SINR) is used as a metric what value or 
range of values should be used; and is there a connection between 
reliance on an I/N metric for evaluating ENG trucks connecting to a 
central receive site and evaluating the risk to a truck receiver based 
on SINR. The 6 GHz Second FNPRM also requested information on the 
typical bandwidth and coding rates used by ENG truck receivers and how 
close a random VLP device can come to a ENG truck receiver under normal 
operating conditions.
    According to Apple, Broadcom, et al., a SINR of 1 dB is necessary 
for the link between a camera and a portable ENG truck receiver to 
operate without harmful interference. As described in their comments, 
the parties base this claim on empirical SINR measurements that 
Broadcom previously submitted showing the level necessary to maintain 
an error-free video signal for different signal bandwidths, coding 
rates, and unlicensed device activity factors. These measurements show 
that there would be no audio or video defects with an SINR of at least 
1 dB for an unlicensed device activity factor of 2% and a video signal 
of 10 megahertz bandwidth. Apple, Broadcom, et al. note that the 6 GHz 
First Order relied on these Broadcom measurements in authorizing low-
power indoor operations in the U-NII-6 and U-NII-8 bands. Apple, 
Broadcom, et al. claim that while the Commission, in the 6 GHz First 
Order, discussed studies that apply a 10 dB SINR threshold for 
interference, it did not adopt this 10 dB SINR as an interference 
threshold. Instead, they note that the Commission observed that the 
Broadcom measurements found `` `that for a 10% activity factor the 
[ENG] link required a signal-to-interference-plus-noise of between 2 
and 9 dB.' '' Apple, Broadcom, et al. point out that the Commission has 
more recently determined that a more realistic 2% activity factor 
should be assumed for VLP devices. Therefore, they claim that 
Broadcom's measurements demonstrate that with a VLP duty cycle of 2%, 
the portable equipment to ENG truck receiver link only requires an SINR 
of 1 dB. Apple, Broadcom, et al. also suggest that assuming 
broadcasters would use a 10 megahertz bandwidth signal rather than an 8 
megahertz bandwidth signal is more realistic as this would be more 
robust and support higher throughput. But, even with an 8 megahertz 
bandwidth, they state that the ENG Truck Receiver Studies show harmful 
interference is extremely unlikely because only a 7 dB SINR would be 
needed for a 2% activity factor and a SINR below 10 dB is only possible 
in a small area very close to the truck receiver and only when the 
truck receiver is not elevated.
    Apple, Broadcom, et al. claim that the record demonstrates that VLP 
devices will not pose a significant interference risk to the link 
between mobile transmitters and ENG truck receivers. To support this 
claim, they refer to a set of related technical studies submitted by 
Broadcom and Apple, Broadcom, et al. (collectively, ``ENG Truck 
Receiver Studies''). The ENG Truck Receiver Studies use a link budget 
methodology to calculate the SINR for an ENG camera transmitting at a 
fixed location 94 meters from an ENG truck receiver receiving 
interference from a single VLP device. The ENG Truck Receiver Studies 
present plots of the variation of SINR with VLP device location within 
a 94-meter radius of the ENG truck receiver for truck antenna heights 
of 1.5, 2.5, 5, 10, and 15 meters. The ENG Truck Receiver Studies 
assume that a portable ENG camera transmits with either 20 dBm or 23 
dBm of power from a fixed location 94 meters away from the ENG truck 
receiver and that the ENG truck receiver uses a 10 megahertz bandwidth, 
has a 4 dB noise figure, and uses the ITU-R F.1336-4 antenna pattern 
used in the Alion Study. The ENG Truck Receiver Studies use a free 
space propagation model, assume that the VLP device transmits at -5 
dBm/MHz, 4 dB of body loss, a power reduction of 3 dB from transmit 
power control, an attenuation of 5 dB from the mismatch between the VLP 
device's antenna pattern and the ENG receiver, and a 3 dB loss from 
polarization mismatch between the VLP device antenna and truck 
receiver. Apple, Broadcom, et al. claim that the ENG Truck Receiver 
Studies show that a SINR below 1 dB only occurs when the VLP device is 
operating within a few meters of the ENG truck receiver and the ENG 
truck receiver antenna is located at the same height as the VLP device. 
Apple, Broadcom, et al. view such a scenario as unlikely because the 
receive antenna would likely be located on top of the truck or on a 
telescoping mast, and the VLP device would operate so close to the 
truck receiver that it could easily be observed and controlled. They 
claim that ``in every realistic scenario'' the SINR will be above 8 dB. 
They also point out that for antenna heights above 2.5 meters, the SINR 
is greater than 10 dB at all locations. According to Apple, Broadcom, 
et al., the results of the ENG Truck Receiver Studies are conservative 
because 94 meters is an unusually long distance for ENG transmissions, 
the ENG receiver would be elevated on a mast especially where the ENG 
transmitter is located so far from the receiver, and ENG transmitters 
commonly use an antenna with 3 dB of gain to transmit at 23 dBm instead 
of 20 dBm. Apple, Broadcom, et al. contend that if the ENG receiver is 
elevated to 5 meters, the SINR would be at least 15 dB for all 
locations at least one meter from the truck.
    Apple, Broadcom, et al. also suggest that the Commission adopt a 
requirement that VLP devices operating in the U-NII-6 and U-NII-8 bands 
be required to employ a contention-based

[[Page 11380]]

protocol as is required for the U-NII-5 and U-NII-7 bands. They point 
out that the Commission previously acknowledged that the contention-
based protocol will protect incumbents by `` `avoid[ing] co-frequency 
interference with other services sharing the band.' '' According to 
Information Technology Industry Council, a VLP device that is near an 
ENG truck receiver will also be close enough to an ENG camera 
transmitter for the contention-based protocol to detect the signal and 
select an alternative channel.
    NAB criticizes Broadcom for assuming both the VLP devices and ENG 
truck receiver are located at fixed locations with the ENG transmitter 
always 94 meters away from the truck receiver. According to NAB the 
purpose of using a radio link for ENG is to allow the camera 
transmitter to move in real time and a Monte Carlo simulation should 
consider a variety of possible scenarios. NAB also faults the ENG Truck 
Receiver Studies for assuming static line-of-sight conditions, claiming 
that the probability that the signals from both the ENG camera and the 
VLP device will be simultaneously faded is situation-dependent and that 
fades can be greater than 10 dB. NAB characterizes the 5 dB VLP/ENG 
antenna mismatch and 3 dB body loss used by Broadcom as ``unexplained 
and unjustified'' and claims that Apple, Broadcom, et al.'s 
measurements allow for less body loss 20 percent of the time. NAB 
claims that it was improper for Broadcom to include body loss, antenna 
mismatch, and polarization loss for the link between the VLP device and 
ENG truck receiver but not include these losses for the link between 
the ENG camera and ENG truck receiver.
    NAB also criticizes Broadcom's use of SINR instead of a -6 dB I/N 
as has been used by the Commission. NAB explains that SINR may be 
appropriate for static conditions where the signal paths are well 
characterized and the systems well engineered, but both ENG and VLP 
operations are variable in time and location, which indicates the 
appropriate protection criteria is one that preserves the incumbent's 
noise floor. Regarding use of a 1 dB SINR threshold as an interference 
threshold, NAB states that Apple, Broadcom, et al. neither provide the 
assumed ENG link parameters (modulation type, error correction code, 
bandwidth, etc.), nor describe the bandwidth of the Wi-Fi interference. 
NAB believes that the 1 dB SINR threshold employed by Apple, Broadcom, 
et al. is not realistic based on bench measurements and decades of ENG 
field experience by broadcasters. NAB points to bench and field tests 
conducted by the Department of Defense and its contractors for the 2 
GHz band that demonstrate a SINR threshold of 11.3 dB is needed to 
avoid harmful interference from a co-channel interferer with a 3.2 
megahertz bandwidth. NAB suggest that because 6 GHz and 2 GHz ENG 
systems use identical modulation, coding, and bandwidth, this result is 
applicable to the 6 GHz band and that wider bandwidth Wi-Fi signals 
would have more interference potential. NAB also claims that these 
measurements indicate the duty cycle of the interfering signal has 
little effect because once a link is broken it requires a significant 
interference-free interval to reestablish.
    According to NAB, for Apple, Broadcom, et al.'s claim that VLP 
devices will not pose a significant harmful interference risk to be 
viable, ``the following confluence of circumstances must hold as well: 
an atypically low height of the ENG receiving antenna; 4 dB of 
continuous body loss; antenna pattern and polarization mismatches of 5 
dB and 3 dB; operation with continuous transmit power reduction; and 
static free-space conditions for both the ENG transmitter and VLP 
devices.'' NAB contends that for all of these conditions to be 
simultaneously true, a series of providential conditions would have to 
occur. NAB also points out that Broadcom's claims that VLP devices 
causing interference are likely to leave the area quickly ignore the 
fact that newsworthy events frequently transpire in proximity to 
crowds, meaning that ENG receivers can easily receive harmful 
interference from nearby VLP devices. Because VLP devices are not 
required to operate through an access point, there would not be any way 
to shut down operations if interference were to occur during breaking 
news event. NAB also explains that assertions that news gathering 
operations are opportunistic with respect to channel selection are 
incorrect and irrelevant because television stations in most markets 
have defined channel plans and VLP device operation is also 
opportunistic. The Society of Broadcast Engineers (SBE) states that the 
studies proffered by VLP supporters are flawed as demonstrated by NAB, 
in that they do not account for the full range of mobile BAS operations 
and rest on mere assumptions. SBE also points to comments of the 
Electric Power Research Institute (EPRI) which claim that real-world 
testing has shown results differing from those predicted by Monte Carlo 
simulations provided by VLP proponents and call for the models and 
inputs of the studies to be made public.
    NAB claims that an ENG truck receiver with an antenna height of 15 
meters would receive a signal from a VLP device located 100 meters 
distant that exceeds the -6 dB I/N criterion established by the 
Commission by more than 34 dB. For this ENG truck receiver and VLP 
device, NAB calculates that the desired-to-undesired (D/U) ratio would 
be 12 dB under static conditions for a signal from a camera transmitter 
located 4 meters from the truck receiver. According to NAB, this would 
leave the ENG receiver only 0.7 dB from failure under static conditions 
based on measurements showing a D/U ratio of 11.3 dB is required to 
achieve zero uncorrected errors. NAB claims that this 0.7 dB margin for 
a typical link configuration is unacceptably low because some 
configurations will fall short of the median value and the link will 
not close. NAB notes that in addition both transmitters are likely to 
be in motion, resulting in statistical fading due to multipath effects, 
which increase the likelihood of harmful interference.
    Apple, Broadcom, et al. respond to NAB that there is no record 
support for NAB's claim that an 11.3 dB D/U ratio is required for 
error-free ENG operation, noting that NAB's citation is to an NAB 
conference related to the 2 GHz band. Apple, Broadcom, et al. fault NAB 
for failing to address the Broadcom measurement data that directly 
contradicts this claim and that the Commission relied on in the 6 GHz 
First Order. Apple, Broadcom, et al. claim that the ENG Truck Receiver 
Studies employ a more conservative methodology than a Monte Carlo 
approach because they used an ENG transmitter 94 meters from the 
receiver while a Monte Carlo approach would have included a large 
number of shorter distances. Apple, Broadcom, et al. note that NAB 
raised the same objection regarding fading about a 2020 ENG study by 
Broadcom that it raises about the ENG Truck Receiver Studies and that 
the Commission rejected this contention in the 6 GHz First Order. 
Apple, Broadcom, et al. also note that the assumption of 5 dB from the 
mismatch between the VLP device's antenna pattern and the ENG receiver 
and 4 dB for body loss that NAB criticizes are consistent with 
assumptions upon which the Commission has previously relied.
    Discussion. The Commission concludes that VLP devices can operate 
without creating a significant risk of harmful interference to 
communication links between portable ENG transmitters and ENG truck 
receivers. The Commission bases this conclusion on

[[Page 11381]]

many factors, including the large power differential between portable 
ENG transmitters and VLP devices, the requirement that VLP devices 
employ a contention-based protocol, and the low probability that a VLP 
device will overlap the ENG signal in frequency because of the large 
amount of spectrum available for VLP operations. The results of the ENG 
Truck Receiver Studies provide additional support for the Commission's 
conclusion.
    The consequences of the large power differential between ENG 
portable transmitters and VLP devices is illustrated by examining in 
detail the example provided by NAB of an ENG truck receiver with a 15 
foot high antenna receiving signals from a VLP device located 100 
meters away and an ENG portable camera transmitter located 4 meters 
away. This situation represents one of the worst potential interference 
cases because the VLP device is in the main beam of the ENG truck 
receiver antenna while the ENG portable camera transmitter is far below 
the antenna's main beam. According to the antenna pattern for an ENG 
truck receiver used in a Alion Study previously submitted by NAB, the 
antenna gain toward the VLP device would be 10.1 dB while the gain 
would be only -8.9 dB toward the ENG portable camera signal, assuming 
both transmitters are at a 1.5 meter height. This 19 dB difference in 
antenna gain is greater than the difference in propagation loss of 17.1 
dB between the two locations using a free space path loss model, which 
illustrates that moving the VLP device closer to the truck receiver 
would not result in the VLP device's interference potential being 
appreciably worse.
    In providing this example, NAB has considered only the antenna gain 
and propagation loss in calculating the received power from these two 
transmitters. In the 6 GHz First Order, when the Commission examined a 
set of link budget examples provided by AT&T, it treated statistical 
quantities such as polarization loss and antenna discrimination using 
median or average values. As was done in the 6 GHz First Order, the 
Commission believes that for a static link budget analysis it is 
appropriate to treat such statistical quantities using median values 
when calculating signal levels for NAB's example case. Using mean 
values for these parameters, the Commission evaluates the received 
signal power from the VLP device--operating at -5 dBm/MHz EIRP PSD and 
14 dBM EIRP--at the ENG truck receiver to be -88.8 dBm. For the ENG 
camera transmitter, NAB used 20 dBm as the transmit power. As Apple, 
Broadcom, et al. point out, ENG camera transmitters commonly use 
antennas with 3 dB of gain which would increase the transmit EIRP to 23 
dBm. This results in -57.6 dBm received signal power at the ENG truck 
receiver. The resulting D/U ratio is 31.2 dB, which greatly exceeds the 
11.3 dB D/U ratio that NAB states is necessary to avoid harmful 
interference. Even if the ENG portable camera transmits with only 20 
dBm of power, the resulting 28.2 dB D/U ratio would greatly exceed the 
11.3 dB D/U ratio. Regarding NAB's concern that fading is likely to 
occur from the motion of the devices thereby increasing the 
interference likelihood, given that both the ENG transmitter and VLP 
device are likely to be stationary or possibly moving slowly and that 
the distances between transmitters and the receiver are less than 100 
meters, the Commission expects that any fading that occurs would be 
mild and less than 10 dB in magnitude. These large D/U ratios indicate 
that even with that level of fading the D/U ratio would remain above 
11.3 dB. This illustrates that VLP devices operating at the power level 
that the Commission is permitting under its rules are unlikely to cause 
harmful interference to this type of ENG operation. In addition, for 
this particular example, the signal from the VLP device is likely to 
experience more clutter loss than the signal from the ENG transmitter 
due to the greater distance, which suggests that the D/U ratio would be 
even greater.
    The fact that the Commission is requiring the VLP devices to employ 
a contention-based protocol also lessens the risk that harmful 
interference will occur to ENG operations. For the scenarios discussed 
in both NAB's examples and the ENG Truck Receiver Studies, the portable 
ENG transmitter is likely to be within a relatively close distance to 
the truck receivers--i.e., 100 meters or less. VLP devices that present 
a harmful interference risk are also likely to be within such a 
distance of the ENG truck receiver. Consequently, the VLP devices and 
portable ENG transmitters will operate in close proximity to each 
other. In such situations, the VLP device should be able to detect when 
a portable ENG transmitter is operating nearby on the same channel. 
Because the portable ENG transmitter operates continuously when sending 
a video signal, the Commission would expect that the contention-based 
protocol used by the VLP device will cause it to vacate the channel 
used by the portable ENG transmitter and thereby further lessen the 
potential for harmful interference to occur.
    Because there is 1,200 megahertz of 6 GHz band spectrum available 
for VLP device operation under the rules adopted in the Third Report 
and Order, it is unlikely that a VLP device will transmit co-channel 
with a portable ENG camera transmitter. This provides additional 
protection against harmful interference occurring. For a VLP device 
using a 20 megahertz bandwidth, there is a 1.7% chance of channel 
overlap with an ENG transmitter operating in a 10 megahertz bandwidth. 
For VLP devices using a 160 megahertz bandwidth, the likelihood of 
channel overlap would be 11.8%.
    The Commission is basing its conclusion that there is an 
insignificant risk of harmful interference occurring to ENG truck 
receivers from VLP operations on the factors discussed above: the power 
differential between VLP devices and portable ENG transmitters, the use 
of a contention-based protocol by VLP devices, and the large amount of 
spectrum available for VLP operations in the 6 GHz band. In addition to 
these factors, the Commission also recognizes that the ENG Truck 
Receiver Studies provide additional evidence to support this 
conclusion. Despite NAB and SBE's contentions, the Commission believes 
that the assumptions used in the ENG Truck Receiver Studies are 
appropriate. The 4 dB for body loss, 3 dB power reduction from transmit 
power control, 5 dB attenuation from the mismatch between the VLP 
device's antenna pattern and the ENG truck receiver, and 3 dB loss from 
polarization mismatch between the VLP device antenna and the ENG truck 
receiver are consistent with the assumptions that the Commission 
concluded were appropriate in the 6 GHz First Order and/or the 6 GHz 
Second Order. The Commission also believes that Broadcom was correct 
not to include these losses for the ENG camera to ENG truck receiver 
link. As shown in the pictures submitted by NAB, the portable ENG 
cameras use an external antenna that is not body worn and is located on 
the back of the camera that is at least half a foot from the operator's 
body. Because this antenna is located several wavelengths away from 
body, body loss is expected to be insignificant. As the vertical 
orientation of the antenna does not change as the camera operator 
moves, there is unlikely to be polarization loss. Antenna pattern 
mismatch is not a significant factor for large external antennas that 
have omni-directional patterns such as the camera antennas. The ENG 
Truck Receiver

[[Page 11382]]

Studies assume a receiver bandwidth, noise figure, and antenna pattern 
that were taken from the Alion Study previously submitted by NAB, which 
included an interference analysis for an ENG portable camera 
transmitting to an ENG truck receiver. In addition, contrary to NAB's 
contention, Broadcom does indicate the ENG camera's modulation, coding 
rates, and signal bandwidths used in its SINR measurement study. While 
Broadcom does not specify the unlicensed device signal bandwidth when 
conducting these measurements, the Commission presumes that the 
unlicensed device's signal fully overlaps the 8- or 10-megahertz ENG 
signals examined based on the 20-megahertz minimum Wi-Fi bandwidth.
    In examining the ENG Truck Receiver Studies, the Commission 
appreciates that a 94-meter distance between the ENG portable camera 
transmitter and ENG truck receiver is at the outer range of what is 
likely to occur in practice. Given this large distance between the ENG 
portable camera transmitter and the ENG truck receiver, the Commission 
would expect that the ENG truck receiver would use an elevated 
antenna--at least 5 meters in height--in order to increase the 
available margin by elevating the signal path over any obstacles. At 
such a height, the ENG Truck Receiver Studies indicate that the SINR 
would be greater than 11 dB for VLP devices located anywhere within 94 
meters of the ENG truck receiver when the camera is transmitting at 20 
dBm and greater than 14 dB if the camera transmits at 23 dBm. When the 
ENG truck is being used to relay video signals to a central receive 
site, it would likely use a 15-meter antenna height to rise above any 
ground clutter and to achieve a line-of-sight link to the ENG central 
receive site, which would result in a SINR of over 23 dB. Even if a 
2.5-meter antenna height were used, as would be the case for a receiver 
on the roof of the truck, the area where a VLP device would result in a 
SINR that is lower than 10 dB is small and the SINR remains above 8 dB 
everywhere for an ENG camera transmitting at 20 dBm.
    The Commission cannot endorse use of an SINR of 1 dB as an 
indication of whether there is an insignificant risk of harmful 
interference occurring when examining the results of the ENG Truck 
Receiver Studies, as suggested by Apple, Broadcom, et al. According to 
the SINR measurements submitted by Broadcom, a 1 dB SINR is needed to 
ensure error-free video signals when a Wi-Fi device with a 2% activity 
factor when an 10 megahertz bandwidth video signal is used. While this 
appears to be a valid result for a static channel, the Commission 
agrees with NAB that fading may affect the signals received from the 
ENG transmitter and VLP device. No information submitted on the record 
addresses the extent of fading that may occur other than NAB's 
unsupported contention that such fading may be greater than 10 dB. 
Given that the portable ENG camera transmitter and body worn VLP 
devices are likely to be stationary or moving slowly and that the 
distances between transmitters and the receiver are less than 100 
meters, the Commission expects that any fading that occurs would be 
mild and less than 10 dB in magnitude. Even with this level of fading 
the ENG Truck Receiver Studies supports the Commission's conclusion 
that there is an insignificant risk that harmful interference will 
occur to the ENG truck receivers. The ENG Truck Receiver Studies 
indicate that for an ENG truck receiver antenna elevation of at least 5 
meters, the SINR remains above 11 dB when the ENG transmitter is 
transmitting at 20 dBm and the SINR is above 14 dB when the ENG 
transmitter is transmitting at 23 dBm. The Commission notes that an 11 
dB SINR is only slightly lower than the 11.3 dB SINR at which NAB 
claims bench and field tests demonstrate to be the median threshold for 
no harmful interference. The SINR increases to at least 23 dB when the 
ENG truck receiver antenna is raised to 15 meters as would often occur 
for relaying a video signal to an ENG central receive site. While the 
ENG Truck Receiver Studies indicate the SINR can be as low as 8 dB if 
the ENG truck receiver height is only 2.5 meters, the Commission notes 
that NAB states that with robust modulation and coding the required 
SINR can be reduced to 7.3 dB. In addition, Apple, Broadcom, et al. 
show that the SINR will exceed 8 dB in every scenario examined and that 
SINRs of less than 11 dB are quite rare, providing an additional basis 
for the Commission's conclusion that the risk of harmful interference 
to mobile receivers is insignificant.
    The Commission does not believe that the ENG Truck Receiver 
Studies' examination of the SINR produced by VLP devices instead of I/N 
is improper, as NAB suggests. In the 6 GHz First Order, the Commission 
agreed with the technical study findings provided by CableLabs and 
Apple, Broadcom, et al. that examined the potential for interference 
from 6 GHz low-power indoor devices to ENG truck receivers, which used 
SINR as a measure of interference potential. It also adopted a -6 dB I/
N ratio for use by the automated frequency coordination (AFC) systems 
that manage spectrum access by 6 GHz standard power access points. The 
Commission made the decision to use I/N for this purpose based on 
implementation simplicity and because it was used by most commenters in 
their analyses. In making this decision, the Commission clearly stated 
that it was not ``making a determination that any signal received with 
an I/N greater than -6 dB would constitute harmful interference.'' The 
Commission did not prohibit (or imply that it was prohibiting) the use 
of other signal quality measurements besides I/N as an indication as to 
whether harmful interference may occur. In examining a study that uses 
SINR, the Commission is not implying that any SINR below a particular 
level constitutes harmful interference.
    The Commission agrees with NAB that a Monte Carlo simulation that 
considers a wide variety of situations would have been more informative 
than the approach employed by the ENG Truck Receiver Studies. The 
Commission acknowledges the limitations of the ENG Truck Receiver 
Studies in only considering one location for the ENG camera transmitter 
rather than examining more scenarios as could have been done in a Monte 
Carlo simulation. Despite this limitation, the Commission concludes the 
ENG Truck Receiver Studies provide additional support for concluding 
that there is an insignificant harmful interference risk to ENG 
receivers from VLP devices.
    The Commission disagrees with SBE that the evidence to support VLP 
operations is flawed because the various studies submitted for the 
record do not account for the full range of mobile operations. As 
explained above, the Commission is limiting its discussion to three use 
cases--ENG central receive sites, ENG truck receivers, and low-power 
short range devices--consistent with the 6 GHz Second FNPRM and the 
approach followed for low-power devices in the 6 GHz First Order. As 
neither SBE nor any other commenters have suggested other use cases 
beyond these three cases, the Commission believes the approach the 
Commission is following is reasonable. The Commission also disagrees 
with SBE that the technical studies from Apple, Broadcom, et al. are 
flawed because EPRI claims real-world test have shown differing results 
from previous Monte Carlo simulations. The measurement studies that 
EPRI cites all claim that interference is occurring from unlicensed 
devices at particular fixed locations because the I/N ratio is greater

[[Page 11383]]

than -6 dB. Because Monte Carlo simulations are designed to examine the 
likelihood of interference occurring in general and the simulations 
have indicated that it is not impossible for an I/N over -6 dB to 
occur, the fact that there may exist locations where the I/N exceeds -6 
dB does mean that the results differ from the Monte Carlo simulations. 
In addition, the Commission has not indicated that the occurrence of an 
I/N of greater the -6 dB indicates that harmful interference is 
occurring. The Commission also rejects EPRI's suggestion that the 
models and inputs of the Monte Carlo simulations be made publicly 
available for the same reasons the Commission rejected a similar 
request in the 6 GHz Second Order. The Commission believes that Apple, 
Broadcom, et al. and Broadcom have provided sufficient information for 
knowledgeable engineers to understand the algorithms and models used in 
the technical studies they have submitted and find it noteworthy that 
no opponent of VLP expansion to U-NII-6 and U-NII-8 have conducted 
their own similar technical studies.
    In reaching its conclusion that VLP devices will not present a 
significant risk of causing harmful interference to ENG truck 
receivers, the Commission is not relying on the opportunistic nature of 
ENG operations or on the assumption that VLP devices causing 
interference are likely to leave the areas quickly. Mobile ENG 
operations by broadcasters are conducted on a primary basis and 
licensees have the right to operate on any channel permitted by their 
license and are not expected to need to adjust their operating 
frequency to avoid VLP devices. The Commission also does not find that 
NAB's concern that there would be no way to shut down VLP devices that 
cause interference during a breaking news event provides justification 
for prohibiting VLP devices in the U-NII-6 and U-NII-8 bands because 
the record supports its conclusion that the risk of such harmful 
interference occurring would be insignificant. Because of the 
difference in power levels between the ENG operations and VLP devices, 
the use of a contention-based protocol by VLP devices, and the large 
amount of spectrum available for VLP operations, the Commission expects 
there to be an insignificant risk that harmful interference will occur 
to ENG truck receivers. This conclusion is further supported by the ENG 
Truck Receiver Studies.

Low-Power Short Range Mobile Devices

    No commenters provided technical studies or described specific use 
cases for low-power short range mobile devices. Low-power short range 
mobile devices include portable cameras and microphones as well as Low-
power Auxiliary Stations, which operate on an itinerant basis and 
transmit over distances of approximately 100 meters for uses such as 
wireless microphones, cue and control communications, and TV camera 
synchronization signals. While the Commission refers to these devices 
as low-power short range mobile devices, they operate at significantly 
higher power than VLP devices--portable ENG cameras typically operate 
at 20 dBm and Low-power Auxiliary Stations may operate at up 30 dBm. 
The 6 GHz Second FNPRM suggested that these low-power short range 
mobile devices be protected by a combination of a required contention-
based protocol and the low probability of a VLP device operating on the 
same channel in a nearby location. The Commission concludes that these 
measures will adequately protect low-power short range mobile devices 
from harmful interference from VLP devices.
    The 6 GHz First Order discussed a simulation submitted by Apple, 
Broadcom, et al. that simulated ENG equipment operating indoors within 
the U.S. House of Representatives chamber, a scenario which had been 
explored in the Alion Study submitted by NAB. To confirm that the 
energy sensing employed by the contention-based protocol in the 802.11 
specification could be used to mitigate interference to indoor ENG 
receivers, the simulation calculated the received power level from ENG 
transmitters at 20 unlicensed access point locations operating within 
the U.S. House of Representatives chamber. The results of this 
simulation demonstrate that, even at the lowest ENG transmit power 
level, all unlicensed access points would detect the ENG signal at 
greater than the -62 dBm threshold used in the 802.11 specification and 
therefore not transmit co-channel with the ENG transmitters. While this 
simulation was limited to low-power ENG cameras and associated 
receivers, it should equally apply to other low-power short range 
mobile devices that operate with similar power levels and at similar 
distances. This simulation illustrates that unlicensed VLP devices 
using such a contention-based protocol have the capability to sense the 
energy from nearby low-power mobile devices and avoid using the same 
channel. In addition, for the same reasons as discussed above regarding 
ENG truck receivers, the 1200 megahertz of 6 GHz band spectrum 
available for VLP device operation makes it unlikely that even absent a 
contention-based protocol, these devices would transmit co-channel with 
low-power short range mobile devices.

Reservation of Spectrum for ENG

    The Commission notes that NAB requests that the Commission ``adopt 
a 55 MHz carve-out at the top of the U-NII-8 band at which no VLP 
operations are permitted, at least until there is significant 
experience to determine such a carve-out is unnecessary.'' NAB has made 
similar requests previously in this proceeding, and in both instances 
the Commission chose not to adopt NAB's suggestion. In this case, NAB 
repeats prior concerns without providing any new information that 
addresses any changes in operational parameters. As the Commission has 
thoroughly addressed interference considerations related to VLP 
operations in the U-NII-6 and U-NII-8 bands herein and found that such 
operations will have an insignificant potential for causing harmful 
interference to ENG operations, it declines to adopt NAB's suggestion.

Protecting Fixed Services

    The operational and technical characteristics of the limited number 
of fixed microwave links in the U-NII-6 and U-NII-8 bands are 
consistent with those in the U-NII-5 and U-NII-7 bands. Because the 
Commission is adopting identical technical rules for VLP operation in 
the U-NII-6 and U-NII-8 bands as apply in U-NII-5 and U-NII-7 bands, 
the Commission's conclusion in the 6 GHz Second Order that VLP 
operations will not present a significant risk of harmful interference 
to fixed microwave links applies equally to the U-NII-6 and U-NII-7 
bands.
    Apple, Broadcom, et al. and the IEEE 802 LAN/MAN Standards 
Committee support this contention, suggesting that the previously 
conducted studies demonstrate that there will be no harmful 
interference to incumbent fixed microwave services in the U-NII-6 and 
U-NII-8 bands. AT&T raises concerns that the simulation studies the 
Commission previously relied upon remain unfiled and untested and 
contends it is poor public policy to rely on studies that have not been 
filed for public review. The Fixed Wireless Communications Coalition 
(FWCC) states that the record was insufficient to act on the proposals 
prior to the 6 GHz Second FNPRM and remains insufficient to support 
Commission action because the comments ``were either non-substantive or 
rehashed information previously submitted [in] the record.'' Several 
microwave licensees and their representatives urge

[[Page 11384]]

the Commission to gain real-world experience or require testing with 
VLP devices before further liberalizing the rules. The American 
Petroleum Institute (API) raises several specific concerns regarding 
the technical studies that the Commission relied upon in its decision 
to permit VLP in the U-NII-5 and U-NII-7 bands. API claims that for the 
Houston area microwave link simulation (Houston Simulation) submitted 
by Apple, using an antenna based on the Commission's rules instead of 
the 44 dBi gain antenna with the ITU-R F.1245 pattern relied upon by 
Apple, would have resulted in more predicted interference. API also 
criticizes the Houston Simulation's use of 1.3 dB cable loss (i.e., 
feeder loss) for microwave systems, claiming that most modern microwave 
systems utilize receivers with the radio directly connected to the 
antenna that may have less than 0.5 of coupling loss. Regarding the 
Commission's discussion of a link budget analysis submitted by Nokia, 
API suggest that the Commission should not have included a 2 dB feeder 
loss and that what API refers to as ``antenna polarization mismatch'' 
should have been 1.5 dB instead of 5 dB.
    In responding to AT&T's previous request that the code for the 
simulation studies be publicly disclosed, the Commission in the 6 GHz 
Second Order explained that both Apple, Broadcom, et al. and Apple 
provided sufficient information regarding their simulations. The 
Commission sees no reason to reconsider this finding or the 
Commission's reliance on these simulations in concluding that VLP 
devices will not result in a significant risk of harmful interference 
to fixed microwave receivers. The Commission also does not agree with 
FWCC's general contention about the sufficiency of the record to 
support its expansion of VLP operations to the U-NII-6 and U-NII-8 
bands. Given that the VLP operations the Commission is now authorizing 
in the U-NII-6 and U-NII-8 bands are identical to what the Commission 
currently permits in the adjacent much larger U-NII-5 and U-NII-7 
bands, the Commission sees no reason to pause its rulemaking for some 
unspecified time to gain experience with VLP devices as suggested by 
some of the microwave licensees.
    Regarding API's concerns, the 6 GHz Second Order explained that the 
Houston Simulation's use of the ITU-R F.1245 antenna pattern with a 44 
dBi gain was appropriate because it represents an ``average'' antenna, 
which would provide a reasonable estimate of microwave link 
interference performance. The goal of a Monte Carlo simulation is to 
obtain overall statistics on the potential for harmful interference to 
occur to all microwave links. Hence, the Commission disagrees with 
API's contention that a pattern based strictly on what is permitted by 
its rules would be more appropriate, as this would likely result in a 
worst-case overprediction of harmful interference occurring rather than 
overall interference statistics. Regarding the Houston Simulation's 1.3 
dB feeder loss, AT&T previously raised the same concern that some 
microwave radios are mounted directly to the antenna and have no feeder 
loss. The 6 GHz Second Order explained that using 1.3 dB feeder loss 
was a reasonable approach as the simulation is designed to model the 
interference potential in general rather than explore the interference 
risk for a particular microwave receiver.
    The Commission also does not agree with API's concerns regarding 
the Nokia link budget analysis. Contrary to API's contention, the 5 dB 
loss the Commission applied was for ``RLAN/FS antenna pattern mismatch 
between unlicensed devices and microwave receivers'' rather than for a 
polarization mismatch. This 5 dB value was used by the Commission in 
link budget analyses in the 6 GHz First Order for analyzing potential 
interference from low-power indoor devices to microwave receivers and 
is based on the antenna patterns of typical indoor enterprise and 
consumer access points. In those analyses, the Commission applied a 
separate attenuation for polarization loss. The Commission also used a 
2 dB feeder loss for the link budget analysis in the 6 GHz First Order. 
The 6 GHz Second Order explained that because the Nokia analysis is a 
link budget that assumes the same type of microwave antennas and that 
the VLP devices likely have similar antenna patterns to the low-power 
indoor devices, these assumptions are appropriate for examining the 
Nokia analysis. The Commission also notes that even after the 
Commission applied these adjustments for antenna pattern mismatch and 
feeder loss, Nokia's suggested VLP power would be -11 dBm/MHz EIRP, 
which is significantly lower than the -5 dBm/MHz EIRP limit the 
Commission adopted for VLP devices. As the Commission explained, a 
Monte Carlo analysis rather than a static link budget analysis is a 
more realistic indication of the potential for VLP devices to cause 
harmful interference. Hence, even if the Commission had not applied the 
7 dB of adjustment to the Nokia analysis, it would not have changed its 
conclusion regarding the risk of harmful interference occurring to 
microwave receivers from VLP devices.

Fixed-Satellite Service Uplinks

    In the 6 GHz First Order, the Commission authorized standard power 
devices in the U-NII-5 and U-NII-7 portions of the 6 GHz band and low-
power indoor unlicensed devices across the entire 6 GHz band. To 
protect FSS uplinks that operate in all except the upper fifty 
megahertz of the 6 GHz band, the Commission required outdoor standard 
power access points to limit their maximum EIRP above a 30 degree 
elevation angle to 21 dBm. However, the Commission determined no 
restrictions were necessary for low power indoor devices because of 
these device's relatively low EIRP as well as building attenuation due 
to the indoor operation. Similarly, in the 6 GHz Second Order, the 
Commission determined that VLP devices operating in the U-NII-5 and U-
NII-7 bands did not require any restrictions because VLP devices are 
limited to no more than 14 dBm. In the 6 GHz Second FNPRM, the 
Commission proposed expanding VLP access to the entire 6 GHz band but 
made no specific proposal regarding protecting FSS Earth-to-space 
operations.
    Sirius XM urges the Commission to prohibit outdoor VLP devices in 
the upper U-NII-8 band, as they may disrupt Satellite Digital Audio 
Radio Service (SDARS) operations. While SDARS is not a part of the FSS, 
its ground stations use a portion of the U-NII-8 band to transmit 
digital audio signals to Sirius XM's geostationary satellite 
constellation. Sirius XM points out that the only analysis provided by 
unlicensed proponents of interference to FSS receivers was a 2018 study 
conducted by RKF Engineering (2018 RKF Study) that addressed FSS, but 
not SDARS. According to Sirius XM, SDARS is different than FSS because 
it must deliver a reliable signal to consumer-grade antennas rather 
than the large high-gain antennas used by C-band FSS operations. Sirius 
XM previously criticized the assumptions used by the 2018 RKF Study and 
further calls into question a number of its assumptions. Specifically, 
Sirius points out that the 2018 RKF Study assumed a 2% outdoor use 
factor while more recent simulations have assumed a 6% outdoor use 
factor, that the Study used an estimate of 6 GHz band unlicensed 
devices that is far lower than more recent estimates of connected 
devices from Cisco, and that device activity factors have been trending 
higher due to increased video streaming. Sirius points out that the 
interference levels from VLP

[[Page 11385]]

devices would be 40 times higher than low-power indoor devices due to 
the lack of building attenuation. Sirius XM also cautions that once 
interference occurs to SDARS, there would not be a practical 
enforcement mechanism to resolve it. Sirius contends that the risk of 
harm to the valuable SDARS service outweighs the benefit of satisfying 
an undemonstrated need for more spectrum for outdoor VLP device use. 
Sirius XM renews its previous proposal that the Commission prescribe a 
maximum aggregate increase in the uplink noise floor and prohibit the 
manufacture, importation, and sale of additional unlicensed devices if 
a -23 dB I/N is exceeded. It also suggests that VLP devices be required 
to prioritize other parts of the 6 GHz spectrum outside of the SDARS 
uplink band.
    Apple, Broadcom, et al. respond that Sirius XM presents no detailed 
analysis of the interference risk to its system, nor any concrete 
interference protection requirements. Apple, Broadcom, et al. contend 
that Sirus XM's satellites are no different from other 6 GHz FSS 
operations in that they receive aggregate interference over a large 
footprint and receive interference from numerous existing terrestrial 
licensees and that the record demonstrates these other devices 
contribute orders of magnitude more energy than unlicensed devices 
will. According to Apple, Broadcom, et al., high power 6 GHz licensees 
will continue to be the dominant interferers to Sirius XM's uplinks, 
not VLP devices. They point to the 2018 RKF Study on the potential for 
interference from standard-power devices operating at 4 Watts (36 dBm) 
and claim that interference from VLP devices would be even fainter than 
the -20 dB I/N predicted.
    Discussion. The Commission believes that its previous conclusion 
that FSS uplinks in the U-NII-5 and U-NII-7 bands will not have a 
significant risk of experiencing harmful interference from VLP devices 
applies equally to FSS uplinks in the U-NII-6 and U-NII-8 bands, 
including to Sirius XM's SDARS system. This conclusion is based on the 
fact that VLP devices, which can operate with up to 14 dBm EIRP, will 
transmit with significantly less power than the 21 dBm power permitted 
above 30 degrees elevation for standard power access points. Sirius 
XM's SDARS operations in the U-NII-8 band have the same characteristics 
as 6 GHz FSS systems. As with 6 GHz band FSS systems, its satellites 
operate in geostationary orbits and have receive beams that cover the 
entire United States. Its satellites potentially receive interference 
from other licensed users that share the 6 GHz band just as 6 GHz FSS 
uplinks. As to Sirius XM's observation that the power received from 
outdoor VLP devices can be significantly higher than the power from 
low-power indoor devices due to the lack of building attenuation, the 
power from outdoor VLP devices would be significantly less than that of 
standard power access points, which its rules permit to operate 
outdoors and which the Commission previously found are unlikely to 
cause harmful interference to FSS receivers.
    The Commission notes that Sirius XM has not produced any technical 
analysis regarding the Commission's proposal to permit U-NII-8 VLP 
operations. Instead, Sirius XM refers back to its previous critique of 
the 2018 RKF Study, which was available to the Commission prior to 
adopting the rules for 6 GHz band standard power and low-power indoor 
devices. The only new points regarding the 2018 RKF Study that Sirius 
XM now raises are that more recent technical studies regarding VLP 
devices filed by unlicensed proponents assume a 6% outdoor use factor 
instead of 2%, that Cisco recent estimates of connected devices are 
higher than the 2018 RKF Study, and that unlicensed device activity 
factors will continue to increase due to video downloads. The 
Commission notes that the 6% and 2% outdoor use factors to which Sirius 
refers have different meanings in the 2018 RKF Study than in the more 
recent VLP simulation Sirius references. The 2018 RKF Study assumed 
that 2% of the ``RLANs'' are outdoors while the Apple, Broadcom, at al. 
simulation of VLP use in San Francisco assumed 6% of the people were 
outdoors with 25% of those people using VLP devices and only 2% of 
those devices active at any given time. The two simulations also had 
different foci: The 2018 RKF Study simulated radio local area networks, 
including Wi-Fi access points, both indoor and outdoor across the 
entire United States while the Apple, Broadcom, at al. simulation only 
considered outdoor VLP use in San Francisco. Given the different 
meanings of these outdoor use factors, the Commission cannot directly 
compare whether the two simulations in fact represent a different level 
of outdoor device use. Because of the different scope of these two 
simulations, the Commission believes it was appropriate to use 
different methodologies for modeling the number of outdoor devices. The 
Cisco connected device data Sirius XM points to is for all internet-
connected devices in general and not for 6 GHz VLP devices in 
particular. As for the contention regarding increasing device activity 
factor because of growing video activity on the internet, the 
Commission stated in the 6 GHz Second Order, which was adopted in 2023, 
that assuming a 2% activity factor for VLP devices is reasonable for 
analytical purposes and the Commission sees no reason to reconsider 
this conclusion. Given the limited new technical information that has 
been presented, the Commission is not convinced that it should 
reconsider its conclusion as to the likelihood of interference 
occurring to FSS uplinks.
    Sirius's concern about the lack of any practical enforcement 
mechanism if harmful interference were to occur also does not give the 
Commission reason to limit VLP access to the U-NII-8 band. The 
Commission is concluding, based on the currently available technical 
evidence, that there is an insignificant risk that harmful interference 
will occur to 6 GHz FSS systems and SDARS systems and thus there is no 
basis to prevent the introduction of an exciting new service to the 
public. As the demand for spectrum continues to grow, the Commission 
believes that it is in the public interest to continue to find ways to 
more intensively use the valuable spectrum resource, so long as the 
Commission also concludes that the evidence presented in the record 
shows the likelihood for harmful interference to remain insignificant.
    Because the Commission has concluded that the likelihood of harmful 
interference occurring to Sirius XM's system from VLP devices is 
insignificant, it sees no reason to adopt an aggregate interference 
threshold as Sirius XM suggests. The Commission also does not find it 
appropriate to require VLP devices to prioritize operations in portions 
of the 6 GHz band outside of the SDARS uplink spectrum because the 
record does not support that Sirius XM will experience a harmful 
interference problem from VLP device operations.

Fixed-Satellite Service Downlinks

    Portions of the U-NII-7 and U-NII-8 bands are allocated for FSS 
space-to-Earth (downlink) operations. However, no such earth stations 
are currently licensed in the U-NII-7 band. The U-NII-8 space-to-Earth 
allocation is limited to use by non-geostationary Mobile-Satellite 
Service feeder links. Globalstar operates earth station receive sites 
in the U-NII-8 band at Clifton, TX, Naalehu, HI, Wasilla, AK, Reno, NV, 
Sebring, FL, and Barrio of Las Palmas, Cabo Rojo, PR.
    In the 6 GHz Second FNPRM, the Commission sought comment on

[[Page 11386]]

whether any restrictions on VLP devices are necessary to protect space-
to-Earth stations. The Commission recognized that VLP devices operate 
at significantly lower power spectral density levels than the geofenced 
VLP devices it also proposed to permit in the 6 GHz Second FNPRM; 
therefore, it sought comment on how this difference impacts the 
analysis of potential harmful interference. Globalstar, the only 
stakeholder in the U-NII-8 band for FSS downlink transmission, 
expresses concern that a new class of higher-power, geofenced VLP 
devices could cause harmful interference and suggests that the 
geofencing system protect their earth stations. However, Globalstar 
does not address VLP operations of the type previously authorized in 
the U-NII-5 and U-NII-7 bands.
    In the 6 GHz First Order, the Commission concluded that the low 
probability of harmful interference to FSS space-to-Earth stations from 
low-power indoor devices in the U-NII-8 band was due to the indoor 
restriction and a transmit EIRP below 30 dBm. While a majority of VLP 
use cases are expected to be indoors, there will undoubtably be 
scenarios in which VLP operations occur outdoors. In these cases, VLP 
transmissions will still be attenuated by transmit power control (TPC) 
and body loss. Additionally, at 1.5 meters at which most VLP devices 
will be operated there will be significant clutter loss. These losses 
will bring the effective EIRP below that of a low-power access points 
effective EIRP. The Commission also notes that Globalstar has raised no 
interference concerns regarding VLP operation in U-NII-8 at the current 
VLP power levels. Therefore, the Commission concludes that no 
restrictions on VLP devices are necessary to protect FSS space-to-Earth 
operations.

Protecting Passive Services

    The Committee on Radio Frequencies (CORF) expresses concerns about 
potential interference from VLP devices to the radio astronomy service 
and to the Earth Exploration Satellite Service (EESS) in the U-NII-6, 
U-NII-7, and U-NII-8 bands. Several radio astronomy observatories 
located in remote areas observe methanol spectral lines in the 6.65-
6.6752 GHz portion of the U-NII-7 band. Remote sensing using the EESS, 
which CORF states is critical to weather prediction and the study of 
climate change and of the Earth in general, operates in the 6.425-7.250 
GHz band, which includes all of the U-NII-6, U-NII-7, and U-NII-8 
bands. CORF argues that the methodology the Commission used in the 6 
GHz Second Order to calculate VLP power limits in the U-NII-7 band by 
extrapolating the low-power indoor power limits was not appropriate in 
that the Commission failed to properly take into account differences 
between the two types of devices, including power levels and building 
entry loss. CORF requests that certain frequencies around the 6.65-
6.6752 GHz band be made unavailable to VLP devices in areas close to 
radio astronomy sites, but suggests that these frequencies could be 
made available in areas where the spectrum is congested but are 
sufficiently removed from radio astronomy sites to avoid causing 
interference.
    With regard to the EESS in the U-NII-6, U-NII-7, and U-NII-8 bands, 
CORF argues that a 14 dBm EIRP VLP device would exceed the ITU-R 
RS.2017 -166 dBW interference threshold in a 200 MHz bandwidth. It 
states that a single 14 dBm EIRP VLP device within a receiver's antenna 
beam and passband could result in a signal that exceeds the ITU-R 
RS.2017 threshold by as much as 33 dB. CORF further states that VLP 
devices in the U-NII-5 band would have a negligible effect on sensing 
operations in the bands where the EESS operates. As a result, CORF 
states that geofencing could be used with devices programmed to avoid 
the U-NII-6, U-NII-7, and U-NII-8 bands in oceanic zones, including in 
coastal waters, and non-geofenced usage could be restricted to the U-
NII-5 band only.
    Discussion. The Commission declines to restrict the frequencies 
that may be used by VLP devices in the U-NII-7 band to protect radio 
astronomy operations. That request is outside the scope of this Order, 
which addresses VLP operations in only the U-NII-6 and U-NII-8 bands. 
However, the Commission notes that in the 6 GHz Second Order the 
Commission already considered and rejected CORF's request to prohibit 
use of certain frequencies by VLP devices to protect radio astronomy 
operations, stating that the interference potential for VLP devices in 
the U-NII-7 band is even lower than for low-power indoor devices that 
were already permitted to operate at higher power levels than those 
adopted for VLP devices. The Commission continues to believe that VLP 
devices in the U-NII-7 band are unlikely to interfere with radio 
astronomy operations, noting that CORF's analysis, in which it 
questioned the validity of extrapolating the low power indoor device 
power limit to determine the appropriate VLP device power limit, 
suggests a greater value for building entry loss (30 dB) than the 
Commission previously found to be appropriate (20.5 dB). Additionally, 
CORF failed to consider mitigating factors that reduce the potential 
for interference, including, 3 dB for the use of TPC, 4 dB for body 
loss, and 2% (17 dB) activity factor correction.
    The Commission finds that it can permit VLP devices to operate in 
the U-NII-6 and U-NII-8 bands while protecting the EESS. In the 6 GHz 
Second Order, the Commission permitted VLP devices to operate in the U-
NII-7 band where the EESS also operates, subject to a prohibition on 
their use on oil platforms to protect ocean temperature sensing 
activities. The power levels the Commission are permitting for VLP 
devices in the U-NII-6 and U-NII-8 bands are the same as those the 
Commission permits for VLP devices in the U-NII-7 band, and as 
discussed below, the Commission is maintaining the prohibition on 
operation on oil platforms. Consequently, EESS operations in the U-NII-
6 and U-NII-8 bands will be protected to the same extent that they are 
in the U-NII-7 band.
    CORF's analysis of potential interference in the U-NII-6 and U-NII-
8 bands overstates VLP device interference potential to the EESS. In 
particular, CORF's analysis fails to consider certain mitigating 
factors that the Commission previously found to be appropriate. When 
using the Commission's previously assumed factors of 5 dB for antenna 
pattern mismatch, 3 dB for antenna polarization loss, 20.5 dB for 
building entry loss, 3 dB for the use of TPC, and 4 dB for body loss, 
the Commission calculates a 4.2 dB protection margin. It should be 
noted that this calculation does not take into account clutter loss 
that can exist. Furthermore, given that EESS observation times are in 
the order of milliseconds while Wi-Fi transmissions are generally in 
the order of microseconds, the Commission believes that using the 
average power instead of peak power is appropriate. With a conservative 
2% activity factor assumption (a 17 dB reduction), the protection 
margin evaluates to 21.2 dB.
    Given the limited footprint of EESS satellites, the significant 
protection margin that exists, and that large numbers of VLP devices 
generally are not transmitting simultaneously on boats in an area, the 
Commission believes that continuing to allow VLP devices to operate on 
boats in the ocean will not result in any significant risk to EESS 
operations. For these same reasons, the Commission does not see a need 
to impose restrictions on VLP devices over large lakes and rivers, as 
CORF suggests. The Commission will continue to prohibit 6 GHz devices,

[[Page 11387]]

including VLP devices, from operating on oil platforms because oil 
platform locations tend to be concentrated in areas where the passive 
and active sensing of EESS operations are conducted.

Technical Rules

    In the 6 GHz Second Order, the Commission adopted rules that 
permitted VLP devices to operate in the U-NII-5 and U-NII-7 bands at 
power levels up to -5 dBm/MHz EIRP PSD and 14 dBm EIRP. The Commission 
determined that the risk of harmful interference to incumbent services 
in those bands was insignificant for VLP devices operating at that 
power level. As a natural outgrowth of that determination, in the 6 GHz 
Second FNPRM, the Commission proposed to permit VLP devices to operate 
in the U-NII-6 and U-NII-8 bands without geofencing. In the Third 
Report and Order, the Commission is adopting this proposal.
    Many of the proponents arguing to expand VLP operations to the U-
NII-6 and U-NII-8 bands without geofencing suggest no changes to the 
technical rules governing VLP U-NII-5 and U-NII-7 operations. Several 
commenters, as discussed in more detail below, suggest modification to 
the rules that will apply to VLP operation throughout the 6 GHz band. 
To the extent that the Commission did not seek comment on those rule 
changes in the 6 GHz Second FNPRM, the Commission is not able to 
consider applying them to U-NII-5 and U-NII-7 VLP operations. In 
addition, the Commission believes that having uniform rules that apply 
to all VLP operations will be of great benefit because it will make 
product development easier and lead to economies of scale that will 
reduce cost. For this reason, the Commission is adopting identical 
technical rules for VLP operations in the U-NII-6 and U-NII-8 bands as 
currently apply to such operations in the U-NII-5 and U-NII-7 bands.
    However, the 6 GHz Second FNPRM did seek comment on making several 
changes to the VLP rules. The Commission sought comment on any 
adjustment needed to the VLP device rules to adequately protect C-V2X 
operations in vehicles. The Commission also sought comment on relaxing 
the restrictions regarding VLP use on aircraft and on oil platforms and 
on providing additional flexibility for in-vehicle use. The Commission 
defers action on all of these 6 GHz Second FNPRM proposals.
    VLP Power Levels. The Wi-Fi Alliance and the IEEE 802 LAN/MAN 
Standards Committee support increasing the permitted power for VLP 
devices to 1 dBm/MHz with a total EIRP of 14 dBm without use of a 
geofencing system. IEEE 802 LAN/MAN Standards Committee states this 
would contribute to global harmonization of VLP devices and claims that 
this increased power spectral density for 20 and 40 megahertz wide 
channels would not cause any risk to incumbent services as these 
channel sizes may not be widely used. The Commission determined the 
power levels for VLP devices in the 6 GHz Second Order based on an 
extensive record examining the potential for these devices to cause 
harmful interference to microwave receivers. No commenters submitted 
additional technical analysis examining interference to microwave 
receivers, and the simulation submitted by Apple, Broadcom, et al. of 
interference to ENG central receive sites assumed a VLP power of -5 
dBm/MHz. Therefore, the record does not support adjusting the power for 
VLP device operations.
    Firmware Download. AT&T suggests that all new unlicensed devices be 
required to accept mandatory firmware updates that alter their 
operating parameters, which will allow unlicensed performance to be 
changed in the future, enhancing efficiency and improving spectrum 
management. AT&T claims this would be consistent with the National 
Telecommunications and Information Administration's (NTIA) Commerce 
Spectrum Management Advisory Committee's recommendation that rules for 
unlicensed devices be designed to avoid creating obstacles to future 
reallocation of the band. APCO also supports requiring, wherever 
possible, that unlicensed devices be capable of modification through 
over-the-air firmware updates as the harm resulting from interference 
from unlicensed devices is potentially irreversible. Sirius XM also 
advocates that new unlicensed devices be capable of changing operating 
parameters through over-the-air firmware updates to address 
interference to its satellite radio system from unlicensed devices that 
are in the hands of consumers. Utilities Technology Council recommends 
that the Commission require all new unlicensed devices to accept 
mandatory firmware updates that alter their operating parameters to 
allow devices to be changed in the future for enhanced efficiency and 
improved spectrum management.
    While AT&T and others assert that requiring unlicensed devices to 
be capable of firmware updates could have many benefits, such as 
permitting devices to adjust their operations to account for changing 
priorities in spectrum demand and evolving technology capabilities or 
to address interference issues, such a mandate could be complex and was 
not raised in the 6 GHz Second FNPRM. Accordingly, the Commission does 
not have a record to explore such a mandate. Given the Commission's 
conclusion that there is an insignificant risk that harmful 
interference will occur due to the operation of VLP devices in the U-
NII-6 and U-NII-8 bands it does not believe such a mandate is 
necessary. Therefore, the Commission will not impose a firmware update 
mandate on VLP devices. However, the Commission notes that the vast 
majority of today's devices have capability for firmware updates as 
manufacturers routinely make changes and upgrades to correct bugs, 
enable more efficient operation, or add capabilities. Thus, even absent 
a Commission mandate, the Commission expect that most, if not all, VLP 
devices will have the ability to receive firmware updates, including 
updates to change a device's ability to transmit on certain 
frequencies, if such an update is necessary.
    Transmit Power Control (TPC). The VLP rules require that VLP 
devices employ a TPC mechanism that has the capability to operate at 
least 6 dB below the maximum -5 dBm/MHz EIRP PSD. The Ultra Wide Band 
Alliance suggests that the Commission expand the TPC requirement beyond 
the 6 dB level. The Ultra Wide Band Alliance notes there are many 
benefits to using only the power required for a given link, such as 
reducing the area that could be impacted, increasing device density, 
and increasing the overall capacity of the band. While the Ultra Wide 
Band Alliance encourages the Commission to consider technical 
requirements for use of TPC that will ``encourage innovation in 
intelligent TPC as part of link adaptation schemes,'' it does not 
provide any concrete proposal on what specific TPC rules the Commission 
should require. Without a specific proposal, the Commission is unable 
to evaluate the merits of their request or the impact it would have on 
VLP operations.

Benefits and Cost

    In the 6 GHz Second FNPRM, the Commission sought comment on whether 
allowing VLP devices in the U-NII-6 and U-NII-8 bands will yield 
comparable benefits to those that stem from allowing VLP devices in the 
U-NII-5 and U-NII-7 bands in the 6 GHz Second Order. The Commission 
tentatively concluded that at a

[[Page 11388]]

minimum the benefits would be in proportion to the amount of spectrum 
in the U-NII-6 and U-NII-8 bands relative to the amount of spectrum in 
the U-NII-5 and U-NII-7 bands. No commenter objected to this 
methodology so the Commission will estimate benefits on that basis.
    The 6 GHz Second Order found a lower bound of the benefit of 
opening the U-NII-5 and U-NII-7 bands to unlicensed use to be $2 
billion. The Commission expects unlicensed uses in the U-NII-6 and U-
NII-8 bands to be similar, but with less megahertz of spectrum involved 
compared to the U-NII-5 and U-NII-7 bands. To approximate a new lower 
bound of benefits, the Commission therefore multiplies the ratio of the 
sum of megahertz of spectrum in the U-NII-6 and U-NII-8 bands to the 
sum of megahertz of spectrum in the U-NII-5 and U-NII-7 MHz bands by $2 
billion, resulting in $820 million of expected benefits. This lower 
bound also does not include any benefits that may come from creating a 
large contiguous band of spectrum for unlicensed use, which may allow 
greater speed and decreased latency. In any case, these benefits will 
be well in excess of the costs that the Commission estimates.
    Because any changes to the design of VLP devices will be voluntary 
for device manufacturers, the rules that the Commission promulgates do 
not have net cost implications for the existing unlicensed device 
ecosystem. Manufacturers will change designs only if the additional 
revenue from taking advantage of the U-NII-6 and U-NII-8 bands 
outweighs the costs of redesign. And because the harmful interference 
risk to incumbent operators is insignificant and the Commission is not 
imposing any specific requirements on any incumbent operator, there are 
also no cost implications on them. Thus, by promulgating these rules to 
enable VLP devices to operate in the U-NII-6 and U-NII-8 portions of 
the 6 GHz band, significant economic benefits will be bestowed on the 
American public.

Table of Frequency Allocations

    Finally, the Commission takes this opportunity to reinstate the 
text of international footnotes 5.458A and 5.458B in the Table of 
Frequency Allocations (Table), Sec.  2.106 of its rules. This text was 
inadvertently removed when the Commission implemented formatting 
changes to accommodate the Office of the Federal Register's publication 
guidelines, even though the underlying citations to these footnotes 
continued to be printed in the graphical portion of the Table under 
both the International Table and the United States Table columns. 
Because this change is editorial and does not alter the substance of 
these pre-existing footnotes, the Commission finds good cause to 
conclude that notice and comment are not necessary for its adoption.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 2, 4(i), 302, and 
303 of the Communications Act of 1934, as amended, 47 U.S.C. 152, 
154(i), 302a, 303, the Third Report and Order is hereby adopted.
    It is further ordered that the amendments of the Commission's rules 
as set forth in Appendix A of the Third Report and Order are adopted, 
effective 60 days from the date of publication in the Federal Register.
    It is further ordered that the Office of the Secretary, shall send 
a copy of the Third Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    It is further ordered that the Office of Managing Director, 
Performance Program Management, shall send a copy of the Third Report 
and Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Communications, Communications equipment, Radio, Satellites.

47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 15 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Amend Sec.  2.106 by adding paragraphs (b)(458)(i) and (ii) to read 
as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    (b) * * *
    (458) * * *
    (i) 5.458A In making assignments in the band 6700-7075 MHz to space 
stations of the fixed-satellite service, administrations are urged to 
take all practicable steps to protect spectral line observations of the 
radio astronomy service in the band 6650-6675.2 MHz from harmful 
interference from unwanted emissions.
    (ii) 5.458B The space-to-Earth allocation to the fixed-satellite 
service in the band 6700-7075 MHz is limited to feeder links for non-
geostationary satellite systems of the mobile-satellite service and is 
subject to coordination under No. 9.11A. The use of the band 6700-7075 
MHz (space-to-Earth) by feeder links for non-geostationary satellite 
systems in the mobile-satellite service is not subject to No. 22.2.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
3. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
4. Amend Sec.  15.403 by revising the definition of ``Very low power 
device'' to read as follows:


Sec.  15.403  Definitions.

* * * * *
    Very low power device. For the purpose of this subpart, a device 
that operates in the 5.925-7.125 GHz band and has an integrated 
antenna. These devices do not need to operate under the control of an 
access point.

0
5. Amend Sec.  15.407 by revising paragraphs (a)(9) and (d)(10) to read 
as follows:


Sec.  15.407  General technical requirements.

    (a) * * *
    (9) For very low power devices operating in the 5.925-7.125 GHz 
band, the maximum power spectral density must not exceed -5 dBm e.i.r.p 
in any 1-megahertz band and the maximum e.i.r.p must not exceed 14 dBm.
* * * * *
    (d) * * *
    (10) Very low power devices operating in the 5.925-7.125 GHz band 
shall employ a transmit power control (TPC) mechanism. A very low power 
device is required to have the capability to operate at least 6 dB 
below the maximum EIRP PSD value of -5 dBm/MHz.
* * * * *
[FR Doc. 2025-02962 Filed 3-5-25; 8:45 am]
BILLING CODE 6712-01-P