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US Court of Appeals sets oral argument date for FCC case

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The U.S. Court of Appeals will hear oral arguments on Jan. 25 in the case of multiple transportation organizations to block a Federal Communications Commission (FCC) order to redistribute a portion of the safety spectrum.

The Intelligent Transportation Society of America (ITS America), the American Association of State Highway and Transportation Officials (AASHTO) and the Amateur Radio Emergency Data Network (AREDN) appealed the FCC’s Nov. 18, 2020 order to reallocate a portion of the 5.9 GHz spectrum band to unlicensed uses including WiFi.

The FCC voted unanimously to reallocate more than half of the safety band. The new rules adopted by the FCC make the lower 45 megahertz (MHz) of the spectrum available for unlicensed uses and require Intelligent Transportation System (ITS) licensees to stop using that portion of the spectrum within a year.