Waiver of 5.9 GHz Band Rules to Permit Initial Deployment of Cellular Vehicle-to-Everything Technology

On November 20, 2020, the Commission released the 5.9 GHz First Report and Order, Further Notice of Proposed Rulemaking, and Order of Proposed Modification, which adopted new rules for the 5.9 GHz band.1 The Report and Order (5.9 GHz First R&O) made spectrum available for unlicensed uses by designating the lower 45 megahertz of the band (5.850-5.895 GHz) for unlicensed operations while continuing to dedicate the upper 30 megahertz (5.895-5.925 GHz) for intelligent transportation systems (ITS).2 The 5.9 GHz First R&O said the Commission would permit existing and future Part 90 ITS licensees to operate Cellular Vehicle-to-Everything (C-V2X) based roadside units (RSUs) in the 5.895-5.925 GHz band within their geographic licensing areas if they first obtained waivers of the Commission’s rules, subject to specific conditions. The 5.9 GHz First R&O also said that manufacturers would need waivers to obtain equipment certification of C-V2X on-board units (OBUs), as well as waivers permitting the operation of such devices, prior to the Commission adopting final rules for C-V2X-based on-board Units (OBUs). On August 6, 2021, the Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau issued a joint Public Notice providing guidance and additional guidelines for waivers requesting early deployment of C-V2X operations, and for the equipment certification process for C-V2X equipment.