With regard to the D.C. Circuit’s December 28 decision in AT&T Services, Inc. v. FCC, the following statement may be attributed to Free State Foundation President Randolph May:
“The court’s decision largely affirming the FCC’s allocation of the 6 GHz band frequencies for unlicensed use is important for enabling higher speed WiFi and other wireless broadband applications. But aside from the specific result, the court’s decision is also important because of the way the court broadly viewed the exercise of the Commission’s core spectrum management responsibilities.
Significantly, the court emphasized that in carrying out its duty to prevent ‘harmful interference,’ the agency is not required to reduce the risk of harmful interference to zero. This is always important to have in mind, but especially so now, because in several recent instances, such as the Ligado proceeding, executive branch agencies have objected to carefully considered FCC decisions on the basis of an incorrect understanding of the FCC’s ‘harmful interference’ standard. And the court’s decision is also significant in emphasizing the considerable degree of deference to be accorded to the FCC regarding technical spectrum management matters.”
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