Fight Intensifies Over 6 GHz AFC Waiver
The Wi-Fi Alliance disputed the Fixed Wireless Communications Coalition's arguments against an FCC waiver allowing automated frequency coordination systems in the 6 GHz band to take building entry loss (BEL) into account for “composite” standard-power and low-power devices that are restricted to operating indoors (see 2501060060). FWCC claims that the waiver “conflicts with established Commission policy because [the Office of Engineering and Technology] failed to articulate ‘special circumstances beyond those considered during regular rulemaking,’” the alliance said in a filing posted Wednesday in docket 23-107. FWCC also “claims that this established Commission policy was violated because (i) the circumstances were already considered during a rulemaking proceeding; and (ii) the circumstances were insufficiently different from those considered during the rulemaking proceeding,” the alliance said. “Neither claim is accurate and, therefore, does not support granting FWCC’s requested relief.”
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Meanwhile, tech companies supported the alliance in their filing. “FWCC’s core legal argument -- that the Commission may not grant waiver relief where a party also requested the same relief as part of a proceeding -- is incorrect and contrary to Commission practice,” said Broadcom, Cisco Systems, Hewlett Packard Enterprise and Qualcomm. “FWCC also is wrong on the facts: the Commission had not ‘already considered’ the use of BEL in AFC system propagation calculations.” FWCC replied to the oppositions. “The crux of the FWCC’s Stay Request (and the associated Application for Review) turns on OET’s abject failure to articulate special circumstances justifying the BEL Waiver Order,” the coalition said.