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) explores additional steps it could take and rules it could modify to provide more utility for very low power (VLP) unlicensed devices. Specifically, the Commission seeks comment on permitting higher power VLP devices under a two-tiered system where those higher powered devices would be permitted to operate only in locations where the potential for causing harmful interference to incumbent operations remains insignificant. The Commission's decision provides a balance between accommodating these new and novel devices to deliver innovative applications to the American public now and taking a judicious approach toward modifying the rules to provide even more robust use at most locations. The Commission also seeks comment on VLP device requirements and limits for operation in the U- NII-6 (6.425-6.525 GHz) and U-NII-8 (6.875-7.125 GHz) bands.
What this rule actually says
The FCC is considering allowing low-power wireless devices to operate at higher power levels in certain radio frequency bands (6 GHz and mid-band spectrum), as long as they won't interfere with existing licensed operations. Think of it like letting walkie-talkies broadcast louder in specific geographic areas where they won't jam someone else's licensed radio equipment. This is a *proposed* rule, not final yet—the FCC is still taking public comments.
Who it applies to
- If you build hardware that uses unlicensed wireless spectrum (WiFi routers, Bluetooth devices, proprietary IoT connectivity): this may eventually affect you.
- If you only use cloud APIs or standard WiFi/cellular networks for your AI app: this does NOT apply.
- Geographic scope: United States only.
- AI use cases: None specifically targeted. Whether the product is a medical scribe, hiring assistant, or chatbot doesn't matter—what matters is the radio hardware underneath, not the software.
- User data: This rule is about wireless frequencies, not data collection or privacy, so HIPAA, GDPR, and other data regs are unaffected.
What founders need to do
- Assess your hardware (1 hour): Does your product include any custom wireless hardware or unlicensed spectrum devices? If you're WiFi or cellular-only, stop here—this doesn't apply.
- Monitor FCC docket 19-226 (ongoing, ~5 min/month): The rule is still proposed. Set a calendar reminder to check [FCC.gov](https://www.fcc.gov) every few months for updates. The final rule could change significantly.
- If you do use unlicensed spectrum, consult an RF engineer (budget: $1–3K one-time): Once the rule is final, have someone review whether your device might benefit from or be constrained by the new power limits. Do this *after* finalization, not now.
- No action needed right now on compliance: Since this is proposed, there's nothing legally required of you today. Wait for the final rule.
Bottom line
Monitor, don't act now—this rule only matters if you're building custom wireless hardware, and it's still in public comment phase, so compliance obligations aren't final yet.