What You Need to Know
- Key takeaway #1Those applying for patents in this space should stay abreast of the potential changes to the FCC’s proposed rulemaking. While the FCC will continue with its planned use of the 5.9 GHz band, there may be small, more-nuanced changes that may affect already developed technology or technology currently in development.
- Key takeaway #2If the proposed rulemaking is adopted, those operating in ITS will need to cease use of the 5.850-5.985 band. These entities will also want to keep an eye out for the “effective date” in the final rule to make sure they have migrated within the one-year temporal restriction.
- Key takeaway #3If an entity would like to move forward with already existing inventions and begin public rollout, they should consider requesting an exemption on a case-by-case basis because at this time there is no confirmed date when the FCC will officially release its Second Proposed Order for C-V2X.
Since 2020, the FCC has been working on rules for cellular communication technology that allow vehicles to share information with other vehicles, infrastructure, and safety systems (commonly known as cellular vehicle-to-everything or C-V2X). Although the C-V2X industry continues its development at a blistering pace, some have commented that advancements in the space have been impeded because of the FCC’s delay. In a September 27, 2024 letter to the FCC, the Alliance for Automotive Innovation (“AAI”), whose membership includes both manufacturer and technology companies, once again requested that the FCC finalize rules for C-V2X technology so that innovations in the field can be made and deployed.
Background
Those who work in the industry say that concrete C-V2X rules will allow manufacturers and technology companies to make driverless technology more accessible and driving much safer, as it will allow for advancements in crash preventative technology and road warning/sign indicators. The 5.9 GHz band is currently referred to as the “Safety Band” and is used for transportation systems, such as traffic lights, traffic monitoring, and toll collections. The FCC proposed freeing up some spectrum in this band and allowing it to be used for vehicle and infrastructure communications that support connected and automated vehicles.
The Report and Order
In 1999, the FCC previously reserved 75 megahertz in the 5.9 GHz band for Intelligent Transportation Systems (“ITS”) and Dedicates Short-Range Communications (“DRSC”). However, DSRC was rarely used, prompting the FCC to reconsider opening the band to C-V2X technology, a new system, that had been developed since then.
Afterwards, in 2020, the FCC issued its First Report and Order, Notice of Proposed Rulemaking and Order of Proposed Modification (“First Report and Order”). This First Report and Order contained some important provisions, and some that created concern.
The First Report and Order focused on three specific goals: (1) adopting a rule to repurpose 45 megahertz of spectrum in the 5.850-5.895 GHz band for unlicensed use and allow immediate access for unlicensed indoor operations across the 5.850-5.895 GHz band (allowing for request to grant outdoor unlicensed operations in certain geographic locations through the regulatory process), (2) require ITS licensees to cease use of the 5.850-5.895 GHz band one year following the effective date of the First Report and Order and operate only in the 5.895-5.925 GHz band, and (3) Require the transition of the ITS radio service standard from DSRC-based technology to C-V2X based technology, subject to a transition period.
Several commenters raised issues regarding geofencing, which was not specifically included in the First Report and Order. Because commenters suggested that regulations surrounding geofencing should be included, the FCC invited supplemental comments regarding this issue in June, 2024. “Geofencing” sets a virtual boundary around a physical location by “enabling a radiofrequency device using a geolocation capability to determine whether its geographic coordinates are within a defined geographic area.” Commenters asked that the FCC allow for higher power limits for technology operating in certain areas, “while ensuring that their power is sufficiently limited in locations near specified federal radiolocation service sites.” Specifically, they asked that the FCC “adopt power requirements for OBUs to ensure federal radiolocation service sites are protected within the coordination zones, including optionally incorporating geofencing that would enable [on-board units] to operate at variable levels depending on location.” Essentially, this would allow devices, with geofencing equipped, to have higher power limits than those without geofencing equipped.
In summary, the First Report and Order primarily reallocated the bulk of the 5.9 GHz spectrum for “unlicensed” wireless devices, while also reserving a part of the spectrum for V2X technologies. That being said, it remains to be seen what the FCC will do with the remaining spectrum and whether they will substantially alter the First Report and Order based on commenters submissions.
In July 2024, the FCC publicly stated that it was ready to vote on a second proposed order that would “codify C-V2X technical parameters in the Commission’s rules, including power and emission limits and message prioritization.” However, the FCC has yet to finalize its Second Report and Order and rather continues to award case-by-case waivers to some manufacturers while suspending other guidelines for systems operating on the same spectrum.
Born out of what appears to be frustration, the AAI urged the FCC to adopt the proposed regulation because the “finalization of the Second Report and Order, currently on circulation, will help address the ongoing regulatory uncertainty that has delayed the widespread deployment of this important technology.” In its September 27, 2024 letter, the AAI “explained that C-V2X technologies and the use cases enabled by the technology continue to evolve and the technical rules for C-V2X established in the Second Report and Order should be flexible enough to support that continued evolution.” (See AAI September 27, 2024 letter to FCC.)
The FCC has not publicly responded to the AAI’s letter.
Crowell & Moring LLP will continue to monitor developments regarding C-V2X proposed rules and will provide updates as appropriate. Please reach out to your Crowell & Moring contact, or any of the authors below, for additional information on these matters.
For further information, please contact:
David P. Lindner, Partner, Crowell & Moring
dlindner@crowell.com
