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Law360 (August 14, 2020, 5:52 PM EDT) -- The Federal Communications Commission denied two requests to pause its opening up of the 6 GHz band for wireless services, claiming staying the order would harm consumers and not be in the public interest — particularly during the COVID-19 pandemic.
The FCC on Thursday brushed off the stay requests from trade group Edison Electric Institute and nonprofit Association of Public-Safety Communications Officials-International Inc., stating that any delay in opening up the entire 6 GHz band for nonexclusive, shared use with Wi-Fi while hosting current critical infrastructure and broadcast sectors would hurt consumers who are relying on broadband during the coronavirus pandemic and Americans' general need for "additional network capacity."
"With millions of Americans at home for the foreseeable future, the high bandwidth connections made possible by the order are essential for remote work, distance learning, and telehealth, and help people remain connected and productive," the order read.
The commission also said a pause in the 6 GHz reorganization would postpone the "benefits" of the plan. It said opening up the band "will help meet the growing consumer demand for wireless broadband and yield important economic benefits," such as easing network congestion, letting businesses and customers engage in "data-intensive applications," and advancing the FCC's goal to expand broadband connectivity, especially to consumers in rural and underserved regions.
The FCC added that opening up the 6 GHz band would have "immediate impact" during the pandemic, allowing networks to meet the "rising demand for consumer connectivity for work, school, and entertainment applications."
The order also said the EEI and ACPO raised objections about the 6 GHz reorganization that were already addressed by the FCC — like expressing concerns about potential "harmful interference" based on studies the FCC previously deemed flawed and unreliable.
The agency also said it already considered the two petitioners' concerns about public safety and the amount of traffic that would flow through the 6 GHz band, calling such concerns "speculative" and deeming the alleged harms "not imminent."
The controversial 6 GHz plan was passed by the FCC in April. Since then, eight parties filed for judicial review of the order in the D.C. Circuit, including the National Association of Broadcasters and three utility groups.
Five parties also filed petitions for the FCC to reconsider the order, while other entities submitted comments to the agency outlining their concerns over the plan. APCO filed its petition to stay in May and EEI followed suit in June.
APCO Executive Director and CEO Derek Poarch told Law360 on Friday that the FCC's order was "disappointing" but said it didn't "change APCO's commitment to doing what's right for public safety."
Representatives for EEI did not immediately respond to requests for comment.
--Additional reporting by Kelcee Griffis, Nadia Dreid, and Christopher Cole. Editing by Marygrace Murphy.
Update: This article has been updated with comment from APCO.
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