RegImpact
fccfinal· Published 1/8/2024· Effective 3/8/2024

Unlicensed Use of the 6 GHz Band; and Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz

In this document, the Federal Communications Commission (Commission) builds on the 6 GHz band unlicensed rules by permitting very low power (VLP) devices in the U-NII-5 (5.925-6.425 MHz) and U- NII-7 (6.525-6.875 MHz) portions of the 6 GHz band. The Commission will limit VLP devices to low power levels and subject them to other technical and operational requirements that will permit these devices to operate across the United States while protecting incumbent licensed services that operate in the 6 GHz band from harmful interference. The Commission also takes action in a Memorandum Opinion and Order on Remand that addresses a remand from the United States Court of Appeals for the District of Columbia Circuit concerning an issue raised by television broadcasters. The Commission finds that broadcasters' unsubstantiated claims of interference in the 2.4 GHz band do not warrant any changes to the 6 GHz rules.

What this rule actually says

The FCC is allowing new ultra-low-power wireless devices to operate in two specific parts of the 6 GHz radio spectrum (5.925-6.425 MHz and 6.525-6.875 MHz). These devices must stay below strict power limits and follow technical rules designed to prevent them from interfering with existing licensed services like satellite communications. Think of it like the FCC opening up a small, quiet corner of the radio spectrum for new gadgets—but only if those gadgets don't disrupt the neighbors already using that spectrum.

Who it applies to

  • If you're building hardware with wireless radios (like an on-device medical scribe recorder or a hiring assistant with Bluetooth): This rule might affect you if your device would operate in the 6 GHz band. Most indie AI founders building software-only products won't be impacted.
  • If you're selling in the United States: This is FCC jurisdiction only. International rules differ.
  • If you're designing chips or wireless modules for production: You need to ensure compliance if your device operates in U-NII-5 or U-NII-7 bands.
  • If you're building chatbots, cloud-based AI assistants, or web/mobile apps: Almost certainly not affected—this is about radio hardware, not software.

What founders need to do

  1. Check if you're building wireless hardware (1 hour): Ask yourself: does my product include a radio transmitter? If the answer is no, stop here. You can ignore this rule.
  1. Review your hardware specs (2-3 hours): If you are building wireless devices, check whether any operate in the 5.925-6.875 MHz range. If not, this rule doesn't apply. If yes, move to step 3.
  1. Contact an RF engineer or wireless compliance consultant (1-2 weeks): If you're in scope, you need professional help ensuring your device meets FCC power limits and technical specs. This isn't a DIY compliance check.
  1. Budget for FCC testing (2-4 weeks, $2k-$5k typical): Before selling in the US, hardware must pass FCC certification. Compliance testing labs can verify your device doesn't exceed power limits.
  1. Monitor for updates (ongoing, minimal effort): Check FCC.gov annually or subscribe to FCC updates—rules can change, and new bands sometimes open.

Bottom line

Ignore this unless you're manufacturing wireless hardware—and if you are, hire an RF engineer to check compliance before you launch.