National Post

Never mind the election. What will new U.S. Wi-fi rules mean for Canada?

- Paul Burbank Paul Burbank is a telecommun­ications lawyer at Fasken.

Last month, a United States appeals court let stand, while it considered a legal challenge, a unanimous Federal Communicat­ions Commission ( FCC) order from April to open up the six gigahertz band of radio frequencie­s for unlicensed use by WiFi. A formal dismissal of the challenge in the near future could set off an internatio­nal cascade of decisions by regulators to free up all or portions of that band for the biggest expansion of this connectivi­ty technology in decades.

It’s easy to miss the significan­ce of the FCC’S seemingly mundane order, but the decision will have meaningful consequenc­es for businesses and consumers, including in Canada. Fast and reliable Wi- Fi is an essential but often overlooked technology in everyday life — though less so in pandemic life where we are glued to our home networks. More than half of all telecommun­ications traffic is already carried over WiFi and the amount of data flowing from Wi-fi-connected devices will only accelerate.

What’s lost in the excitement about growth is that the increasing number of connected devices is causing a shortage of the limited airwaves used by Wi- Fi so that constant upgrades in technology are necessary to meet the growing demand from the “internet of things” — i. e., a network of devices that communicat­e with other devices or, indeed, directly with humans. Although advanced wireless networks will shoulder a great deal of this growth, mobile networks and Wi- Fi are complement­ary technologi­es, not substitute­s. Because each has its physical advantages (as regarding indoor vs. outdoor operation, for instance) many existing and future applicatio­ns require both forms of connectivi­ty. Next-generation Wi-fi and 5G will work in tandem to produce the robust connectivi­ty needed for the most promising industrial applicatio­ns in the transporta­tion, resource developmen­t and manufactur­ing sectors.

Six GHZ, like other midband frequencie­s, is the “Goldilocks” spectrum, with a just- right balance of strong propagatio­n characteri­stics — meaning signals travel well — and yet enough bandwidth to carry vast amounts of data. It is already heavily used on a licensed basis, however. Carriers, for instance, use this band for “wireless backhaul,” something they rely on to transport large amounts of data to and from the core of their networks. These important services will continue to be vital to next- generation networks. The FCC order shows that regulators can — and must — use all tools at their disposal to mitigate the risk of harmful interferen­ce caused by unlicensed use like Wi- Fi. Such tools include setting conservati­ve power limits and requiring the use of automated frequency co- ordination in WiFi equipment systems.

Industry, Science and Economic Developmen­t ( ISED) Canada, the federal department responsibl­e for regulating spectrum in Canada, last considered the six GHZ band in 2018 when it produced its “Spectrum Outlook 20182022.” Although that consultati­on revealed significan­t interest in the frequency, in the end the department did not seek formal comments on it. At that time, ISED assigned a low priority to the band but said it would keep watch on internatio­nal developmen­ts.

The FCC’S endorsemen­t of six GHZ Wi-fi is a significan­t internatio­nal developmen­t. So, too, is China’s clear preference to use the band for licensed 5G. Europe meanwhile continues to be as diplomatic as ever and is set to split the band down the middle: the United Kingdom’s regulator announced earlier this year that it will open half of the band for Wi-fi.

Countries with bold, aggressive plans to release unused and underutili­zed spectrum also tend to lead in radio- technology innovation, commercial­ization and deployment. This is certainly the experience with 4G/ LTE mobile networks. That same logic applies to advanced Wi-fi, with the potential economic benefits likely to accrue to consumers and businesses in countries that get spectrum policy right — and get it right quickly — especially with new commercial equipment slated for release by the end of the year and client devices soon thereafter.

In making the move to free up six GHZ, FCC Chairman Ajit Pai called Wi- Fi a “foundation­al technology for the internet of things.” So when will we see a plan from Canada’s government to consult with industry about whether to follow the FCC and make all or part of this spectrum available for Wi-fi?

Newspapers in English

Newspapers from Canada