On March 6, 2025, the Federal Communications Commission’s (“FCC” or “Commission”) Third Report and Order on Unlicensed Use of the 6 GHz Band (“R&O”) was published in the Federal Register. The R&O promulgates a new rule that expands unlicensed very low power (“VLP”) device operation to the entire 6 GHz (5.925–7.125 MHz) frequency band. The rule will go into effect on March 5, 2025.
Last year, the FCC passed rules that permit VLP operations in the U-NII-5 (5.925-6.425 GHz) and U-NII-7 (6.525-6.875 GHz) portions of the 6 GHz band. The new rule allows VLPs to operate in the U-NII-6 (6.425-6.525 GHz) and U-NII-8 (6.875-7.125 GHz) segments. The entire 1,200 MHz of the 6 GHz band are now available for VLP use.
The FCC broadly defines a VLP as “a device that operates in the 5.925-7.125 GHz band and has an integrated antenna.” In practice, VLPs include, among other things, wearables, extended reality (“XR”) devices such as virtual reality/AI-powered glasses and headsets, in-car connectivity apparatus, health care monitoring tools, and short-range hotspot equipment.
VLP devices cover short distances at rapid connection speeds. The FCC asserts that VLP operations in the 6 GHz band “will be instrumental in supporting cutting-edge applications, such as augmented and virtual reality and body worn technologies, that will help businesses, enhance learning opportunities, advance healthcare opportunities, and bring new entertainment experiences.”
The FCC’s rules allow VLP devices “to operate anywhere, indoors and outdoors, without being under the control of an automatic frequency coordination (“AFC”) system.” But VLP apparatuses are subject to certain restrictions:
- Power limits: 14 dBm EIRP and a -5 dBm/MHz EIRP power spectral density.
- Transmit power control mechanisms that have the capability to operate at least 6 dB below the -5 dBm/MHz EIRP PSD level must be employed.
- Contention-based protocol must be utilized.
- Devices may not operate as part of a fixed outdoor infrastructure, such as poles or buildings.
- Operations above 6105 MHz must be prioritized before operating on frequencies between 5925 MHz and 6105 MHz.
The CommLaw Group Can Help!
The CommLaw Group is happy to advise on best practices for IoT equipment suppliers and businesses that deploy them. Due to the FCC’s rapidly changing RF equipment marketing and spectrum allocation rules and policies, it is critical that all those developing and utilizing IOT devices stay informed of all aspects of the moving target. Accordingly, if you would like additional regulatory updates tailored to the needs of your company, please contact one of our attorneys below, who will gladly provide additional information on signing up for these updates.
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Michael Donahue — Tel: 703-714-1319 / Email: mpd@CommLawGroup.com
Ronald E. Quirk – Tel: 703-714-1305 / Email: req@CommLawGroup.com