Infrastructure Past, Present, and Future Casebook/5.9 GHz Spectrum

This casebook is a case study on the 5.9 GHz Spectrum by James Robles, Tristin McCreight, and Chelsey Stebbins as part of the Infrastructure Past, Present and Future: GOVT 490-004 (Synthesis Seminar for Policy & Government) / CEIE 499-003 (Special Topics in Civil Engineering) Fall 2023 course at George Mason University's Schar School of Policy and Government and the Volgenau School of Engineering, and Sid and Reva Dewberry Department of Civil, Environmental, and Infrastructure Engineering. Under the instruction of Professor Jonathan Gifford.

Summary
The 5.9 GHz Spectrum is seen to be the next big step for innovation within the transportation industry, particularly in terms of C-V2X technology, which would allow for autonomous driving. However, the spectrum is also desirable for internet providers due to the low latency and high data transfer capabilities. These two competing infrastructure initiatives are fighting for control over the spectrum and both believe their initiatives have more importance than the other. In 2020 the Federal Communications Commission (FCC) made a decision to reallocate the lower 45 megahertz portion of the spectrum (5.850-5.895 GHz) to unlicensed users and Wi-Fi use. The decision for this allocation was due to automotive manufacturers inability to meaningfully deploy the spectrum and the potential economic benefits of granting further access. The upper 30 megahertz portion (5.895-5.925 GHz) remains for C-V2X deployment and improving vehicle safety.

The FCC played a major part with the decision to reallocate the 5.9 GHz Spectrum to optimize and effectively use the band. The DOT, supporting vehicle safety through C-V2X, and Telecommunication companies, supporting advancements in Wi-Fi capacity, both argue that they have better reasoning to have full access to the spectrum. For 20 plus years the 5.9 GHz spectrum was allocated to the auto safety industry with C-V2X, but now this sudden shift has sparked an ongoing discussion on auto safety and expanding Wi-Fi’s capacity.

Technology Terminology


5.9 GHz Spectrum

The 5.9 GHz Spectrum is a dedicated bandwidth that ranges from 5.850 - 5.925 GHz. This spectrum offers potential in low latency and high data transfer. This spectrum is favorable for both C-V2X opportunities in intelligent transportation, as well as improving Wi-Fi speed and reliability.

DSRC

The 5.9 GHz Dedicated Short Range Communications (DSRC) is a communications service that is primarily used in a short to medium range. This technology has low latency, high reliability, and is secure. DSRC is used primarily in public safety on the road by warning drivers of conditions or events ahead.

C-V2X

Cellular Vehicle-to-Everything (C-V2X) is a system that is meant for intelligent transportation systems and relies on a cellular connection to communicate with its surroundings. The C-V2X uses the spectrum because of its low latency and high data transfer abilities. This system builds upon the DSRC system by adding the ability to connect to a cellular network to increase its transmission range.

V2X

Vehicle-to-everything (V2X) is a short range direct communications system that connects vehicle to vehicle, infrastructure, and pedestrian infrastructures. V2X doesn’t use a cellular network, which means it focuses on the immediate and local area with sensors. Vehicles that can both recognize and communicate with these facets of transportation are considered to have a V2X communication.

V2I

Vehicle-to-Infrastructure (V2I) is a communication system for vehicles to connect to the surrounding infrastructure, such as traffic lights or road signs. V2I was an original component with DSRC and is further expanded upon with this system. This system can be in both C-V2X and V2X systems, and play a major role for both to succeed.

V2V

Vehicle-to-Vehicle (V2V) is a communication system that focuses on vehicle to vehicle communication and detection in real time. V2V has a larger presence in more modern vehicles with things like blind-spot detection and lane-change assistance, which relies heavily on short range communication between vehicles.

V2P

Vehicle-to-Pedestrian (V2P) is similar to V2V, in that it has the ability to recognize nearby pedestrians and implement safety measures to avoid fatalities and injuries. These measures are important for areas with pedestrian crossings and bike lanes.

V2N

Vehicle-to-Network (V2N) is a technology system that gives a vehicle access to use cellular networks. Car Wi-Fi is an example of this. It has the capabilities to have Wi-Fi, but it does not use it to communicate with other systems. V2N is a crucial component to C-V2X as it allows the vehicle to have its own Wi-Fi.

Actors


Federal Communications Commission

The FCC is the regulatory body for how frequencies are allocated and the rules governing them. The FCC takes into consideration how the 5.9 GHz Band can best be utilized, whether it is for transportation or telecommunication. A main concern for the FCC is that the spectrum is not overburdened, while still allowing users to benefit from its allocation as much as possible. The FCC is designed to be an unbiased party for this issue, but is not immune from considering corporate interests and public opinion.United States Department of Transportation

The United States Department of Transportation (DOT) is responsible for planning, coordinating, and regulating transportation projects across the country. Part of their mission is to make roads safer and more accessible, by preventing crashes and congestion, which are costly. The DOT has been a long standing advocate for reserving the band for transportation in anticipation of emerging technologies, but lacked the ability and political will to take full advantage of it at the time of its initial allocation. The DOT on federal, state, and local levels, continues to have a vested interest in retaining the spectrum solely for transportation, so that they can further implement intelligent transportation systems across the country.

Telecommunication Companies

Due to the sought out nature of the spectrum, telecommunication companies desire to use the spectrum as much as the FCC allows for Wi-Fi. The quality of the spectrum would surely enhance their services and improve telecommunication broadly. The opening of the lower portion of the spectrum is estimated enhance GDP by $23.042 billion and boost economic growth. The telecommunication industry has rapidly utilized the lower portion of the spectrum. However, 6G band frequencies are also developing within the telecommunication space and  are likely to surpass the benefits of the 5.9GHz Band. This raises the question of what other frequencies could be opened for unlicensed users as an alternative to the 5.9GHz Band.

Automotive Companies

Automotive companies have long wished to implement the new C-V2X technology, but development took longer than anticipated. Automotive brands are at varying stages of V2X technology within their vehicles. Features such as auto braking and lane assist are currently in the marketplace. This group fears that the reallocation of the 5.9GHz spectrum will leave it overcrowded, once companies begin to implement C-V2X. Moreover, automotive manufacturers are at odds with the FCC because of the poor regulatory framework that restricts further implementation of C-V2X, since the current framework applies to DSRC instead, which is now obsolete. While this is an ongoing process, automotive companies continue to voice their concerns over reallocation of the spectrum.

Equipment Manufacturers

Companies such as Connex2x, Qualcomm, and P3 Mobility are currently working on projects that utilize C-V2X. These companies are important because they are dedicated to developing and implementing new technology that can be sold to automotive manufacturers or used to their own benefit. These companies are key in technology development and are motivated by profit incentives. Companies vary on their stance on reallocation, depending on their industry. Regardless, equipment manufacturers are an essential component of intelligent transportation systems.

Interest Groups

Various interest groups have a stake in the issue as well. Organizations such as the American Association of State Highway and Transportation Officials, Alliance for Automotive Innovation, and 5G Automotive Association (5GAA) advocate for the advancement of new transportation systems, many of which require the 5.9GHz band. The Intelligent Transportation Society of America, an interest group that promotes safe and sustainable transportation, sued the FCC for its reallocation of the spectrum. Even though the organization lost the case in district court, it demonstrates the lasting struggle between the government entities, private interests, and the public.

On the other side, interest groups such as Wi-Fi forward also lobby to promote more unlicensed Wi-Fi bands. They argue that opening up the 5.9 spectrum, as well as future bands, will buy economic growth, create jobs, and allow for more innovation within the industry. Wi-Fi forward has a lot of political power and influence, backed by multinational corporations.

Timeline of Events

 * December 18th, 1991 - Congress passes Intermodal Surface Transportation Efficiency Act.
 * June 9th, 1998 - Congress passes Transportation Equity Act.
 * October 22nd, 1999 - FCC reserves the 5.9GHz spectrum for DSRC based transportation.
 * December 17th, 2003 - FCC creates updated regulatory framework.
 * January 31st, 2014 - Obama issues mandate to require automakers to implement C-V2X technology into their vehicles.
 * August 24th, 2014 - The National Highway Traffic Administration (NHTSA) released a report saying it would take 37 years to fully implement DSRC in all vehicles.
 * November 1st, 2017 - Trump drops mandate requiring automakers to implement C-V2X into their vehicles after lobbying by automotive manufacturers.
 * October 31st, 2018 - Under the testing with FCC and DOT it was found the Wi-Fi could share 5.9 GHz spectrum with DSRC.
 * December 12th, 2019 - FCC adopted a notice of proposed rule making (NPRM) unanimously in balancing the public interest in transportation safety and Wi-Fi by proposing the bottom 45 megahertz of 5.9 go towards Wi-Fi allocation and the upper 30 megahertz go towards vehicle safety.
 * November 18th 2020 - FCC reallocates the lower 45 megahertz portion for non licensed users, including Wi-Fi.
 * August 12, 2022 - The case of Intelligent Transportation Society of America v. FCC is decided in favor of the FCC. This reaffirms FCC’s decision to reallocate the spectrum to unlicensed users.
 * August 16, 2023 - Joint waiver request submitted from automotive manufacturers, equipment manufacturers, and state departments of transportation to deploy C-V2X technology ahead of official updated frameworks.
 * April 24, 2023 - FCC approves joint waiver requests.

Narrative of the Case


As our highways and road infrastructure developed it became apparent that we needed to find innovative solutions to protect public safety. The 5.9 GHz Spectrum proved to have the right qualities for high speed traffic with its low latency and high bandwidth. However, the USDOT has made very little advancements in the intelligent transportation system since its initial allocation, other than the outdated DSRC technology. As other frequencies became crowded with unlicensed users, telecommunication companies saw the spectrum as a potential space for Wi-Fi expansion.

There are many barriers that limit C-V2X deployment within the transportation industry. One of the main issues is the inconsistent rates of which technology and policy develop. While some automakers are ready and eager to deploy their advancements in their vehicles, the FCC faced administrative hurdles that restricted further innovation. Another barrier is that any upgrades to current infrastructure requires some degree of financial commitment from either local, state, or the federal government. Moreover, without investment from the private sector, which includes both equipment manufacturers and automotive manufacturers, the technology cannot reach its full potential. With these barriers, those seeking to use the spectrum have a slower and more difficult time putting the band to use. Despite the FCC having the final say, various actors still remain frustrated with the current status of reallocation. Even though we have yet to see large successes, many projects are in development that might change the efficacy and status of the spectrum's use.

Funding and Financing
Implementation of intelligent transportation systems, especially those involving C-V2X technology require investments from both private and public sources. Government entities such as the DOT receive appropriations from congress, which are then dispersed to separate projects. For the 2024 budget the DOT requested $86.5 million for its High Priorities Activities Program (HPAP). This funding is used to assist states and local governments with CMV safety and intelligent transportation systems. These funds could help to advance and upgrade current technologies used within the 5.9 spectrum. State DOTs vary in how they get their funding, but are typically dependent on fuel taxes and transportation related fees, such as tolls. This results in steady, but inconsistent funding, which was especially telling during the Covid-19 pandemic. Investments from government at the federal, state, and local levels, all help to upgrade current infrastructure components such as stop lights.

Funding from private companies also contribute to the development of intelligent transportation systems and utilization of the 5.9 GHz Spectrum. While most of this financing is undisclosed, it is likely they have a multiplicity of revenue sources. Qualcomm, for example, sells products for RSU and OBUs. Other companies, such as P3 Mobility, are still in the growth stages and likely have loans or investment streams that help sustain them. Investments from automakers are the most crucial to advancing technology, but they remain at different stages of development and implementation of C-V2X communication systems.

Institutional Arrangements
Currently, the FCC’s rules regarding transportation and the 5.9GHz band are based on DSRC, but are transitioning to apply to C-V2X. Since DSRC is not capable of the autonomous vehicle future we envision, it is imperative that these regulatory frameworks are malleable and updated soon. In the interim, the FCC issued waivers to a collection of state DOTs, automotive manufacturers, and equipment manufactures, in order to preemptively grant permission for them to begin C-V2X implementation. For now, any entity requesting use of C-V2X must go through the FCC waiver process, until the FCC decides on a new regulatory framework.

The FCC when it comes to rule making follows the “notice and comment” rule making. This means that when it comes to decide an issue they give the public notice on what they are planning to adopt  or modify and then seek comment from the public. After receiving comment from the public the FCC looks over the comments to develop the rules. The steps to this process starts with the foundation of the Administrative and Procedure Act (APA) which is the basic requirements for this process. Next up is the notice of proposed rule making (NPRM) which explains why there is a need for a rule change. This can also propose what the agency should consider when finding solutions. When NPRM is out there the FCC includes specific questions that they want public comment and data on. NPRM publication is the publication of the document into the Federal Register; this allows for public access through online and print media. The public comment period comes next which lasts for at least 30 days the more technical the matter the longer a period for public comment. The public can also ask for my time to comment by providing a clear reason. Depending on the case the amount of comments differ some receive thousands where others receive few. The public can also reply to each other’s comments. Next up is the peer review process, so if the subject contains scientific or social scientific information it should be peer-reviewed by a qualified specialist in the intended fields. This is to ensure quality in the final findings. After peer review a logical outgrowth test is conducted, under a court ruling if any changes are to be made in the final rule it has to be something the public can reasonably anticipate on. If the public cannot reasonably anticipate the change the FCC would be required to allow more public comment. Last up is the final rule publication which is published in the Federal Registration.

Policy Issues
When the 5.9 GHz band was proposed in the 90s, it was intended to be used in V2V. This band was going to be used in DSRC which would help with “real-time safety-signaling” in emergency settings. Now 20 plus years later the need for DSRC is outdated and expensive.

In 1991 the Intermodal Surface Transportation Efficiency Act was passed by Congress which meant that the DOT had to research and test intelligent vehicle-highway systems. With this research it led to the development of DSRC which would help with communication between V2I. Because of the research DSRC was looked at as a way that could avoid different vehicle accidents on US’s roads. In 1998 congress passed the Transpiration Equity Act for the 21st Century of 1998, which meant the FCC allocated 75 megahertz of 5.9 GHz band to be used for DSRC; it allocated 5850 to 5925 MHz to be a part of the band. Now, the band has little to do with auto safety and DOT shelved proposals that would have required DSRC “radio systems” in cars. There have been advancements in safety technology for cars and the auto industry, but that does not involve 5.9 GHz bands. If DSRC was to be implemented today it would be pricey. The price alone to mandate the use of DSRC in all vehicles would be $5 billion a year according to the National Highway Traffic Safety Administration (NHTSA) and by 2060 it would total around $108 billion. Under the Obama Administration, DOT wanted to mandate DSRC radios in every new vehicle due to without every car having DSRC the technology would not work meaning no vehicles could rely on it. This decision was ultimately reversed under the Trump Administration’s DOT due to cost, delays, and uncertainty, but DOT has not announced anything about the DSRC not moving forward in implementation. If every car was to be equipped with the technology according to a report done by the NHTSA released in 2014; it would take “…37 years before we would expect the technology to fully penetrate the fleet”. Now 20 years later this valuable band is deemed important for personal communication. 5.9 GHz is the gap between the current and the possible future for high-capacity Wi-Fi. In 2019 the FCC unanimously adopted a NPRM on the allocation of 5.9 GHz with the lower 45 megahertz going to Wi-Fi spectrum and the upper 30 megahertz for auto safety. The FCC adopted this proposal due to the fact that during these 20 years DSRC had yet to truly be implemented with the chairman acknowledging that, “…[I]t is hindering [the United States’] wireless future”. The FCC chairman also acknowledge how little auto safety needs the 5.9GHz spectrum. The FCC started looking into using 5.9 GHz spectrum in the 2013 due to the congestions in 5 GHz spectrum. In 2018 the DOT and FCC after testing found that the 5.9 GHz spectrum that was being used for DSRC can be shared with Wi-Fi. The reason the FCC proposed allocating 30 megahertz to auto safety was because that is the standard in other places around the globe like the European Union.

Now 20 years later this valuable band is deemed important for personal communication. 5.9 GHz is the gap between the current and the possible future for high-capacity Wi-Fi. In 2019 the FCC unanimously adopted a notice of proposed rule making NPRM on the allocation of 5.9 GHz with the lower 45 megahertz going to Wi-Fi spectrum and the upper 30 megahertz for auto safety. The FCC adopted this proposal due to the fact that during these 20 years DSRC had yet to truly be implemented with the chairman acknowledging that, “…[I]t is hindering [the United States’] wireless future”. The FCC chairman also acknowledged how little auto safety needs the 5.9GHz spectrum. The FCC started looking into using the spectrum in the 2013 due to the congestions in 5 GHz spectrum. In 2018 the DOT and FCC after testing found that the 5.9 GHz spectrum that was being used for DSRC can be shared with Wi-Fi. The FCC proposed allocating 30 megahertz to auto safety following the standard in other places around the globe like the European Union.

Lessons Learned
The 5.9 GHz Spectrum has only just recently become an issue, with the allocation of Wi-Fi into what used to be C-V2X only territory. The FCC’s decision for the lower 45 megahertz to be dedicated for Wi-Fi is very beneficial for the advancements and development of better services, as well as still giving the upper 30 megahertz for C-V2X development and improvement. Both argue that having complete access to the full range of the 5.9 GHz spectrum is necessary to have the most potential, as well as to keep the amount of traffic through the spectrum low and controlled. The results of this decision and the effectiveness of the allocation will be seen years from now. C-V2X will continue to develop and be implemented, but with half of the space originally owned. On the other hand, Wi-Fi’s new space in the 5.9 GHz spectrum is a much needed expansion that will act as the stepping stone needed for the next generation of Wi-Fi.

Overall the 20 plus year old debate and implementation of 5.9 GHz spectrum shows the inefficiency that surrounds bureaucracy’s red tape. Besides that, the slowness of bureaucracy impacted the accountability to the project stemming from the FCC’s decision on what the spectrum should be used for in 2020. In terms of adaptability, the spectrum has not been able to accommodate changes in technology and has stifled innovation from private companies hindering efforts to fully implement our intelligent transportation system. For intelligent transportation systems to truly be effective we must consider how to move past administrative hurdles and support new technological developments within the industry.

Discussion Questions

 * 1) Did the 5.9 GHz spectrum allocation issue start in 1998 with the initial 5.9 GHz allocation for transportation, or in 2020 with the FCC’s decision to reallocate for both WiFi and Transportation uses?
 * 2) Which would be better for society, Wi-Fi allocation or C-V2X technology?
 * 3) Given the policy issues, was there too much government oversight over the emergence of intelligent transportation systems and allocation of the frequency?
 * 4) Is there a solution where everyone is satisfied? If not, who should have priority?
 * 5) Should there be a mandate to implement C-V2X, similar to the Obama era mandate?