Authorization of Geofenced Variable Power Devices
On January 29, 2026, the Federal Communications Commission adopted a Fourth Report and Order and Third Further Notice of Proposed Rulemaking in ET Docket No. 18-295 and GN Docket No. 17-183 (FCC 26-1), released on January 30, 2026. The action establishes a new category of unlicensed equipment termed geofenced variable power (GVP) devices.
GVP devices are authorized to operate across the U-NII-5 (5.925-6.425 GHz) and U-NII-7 (6.525-6.875 GHz) portions of the 6 GHz band. GVP access points may operate indoors and outdoors at power levels up to 11 dBm/MHz equivalent isotropically radiated power (EIRP) power spectral density (PSD) and a maximum total EIRP of 24 dBm under the management of an approved centralized geofencing system.
Client devices operating under the control of a GVP access point are restricted to a maximum of 5 dBm/MHz EIRP PSD and 18 dBm EIRP, maintaining a transmit power limit at least 6 dB below the authorized power level of the controlling access point.
- GVP Access Points: Maximum 11 dBm/MHz EIRP PSD and 24 dBm EIRP.
- GVP Client Devices: Maximum 5 dBm/MHz EIRP PSD and 18 dBm EIRP (at least 6 dB below the controlling access point).
- Authorized Operating Bands: U-NII-5 (5.925-6.425 GHz) and U-NII-7 (6.525-6.875 GHz).
Geofencing Architecture and Technical Safeguards
To protect incumbent fixed microwave links and radio astronomy observatories, GVP devices must operate in coordination with a centralized geofencing architecture. The Commission declined to permit distributed geofencing architectures, finding that centralized systems provide necessary oversight, testability, and enforcement control.
Geofencing systems must calculate frequency-specific exclusion or inclusion zones using an interference-to-noise (I/N) threshold of -6 dB. The calculation methodology matches automated frequency coordination (AFC) propagation standards: free space path-loss up to 30 meters, the Wireless World Initiative New Radio phase II (WINNER II) model between 30 meters and 1 kilometer, and the Irregular Terrain Model (ITM) with clutter modeling for distances beyond 1 kilometer. Calculations must assume a 10-meter height above ground level for GVP devices and may incorporate up to 4 dB of body loss.
GVP access points must integrate an internal geolocation capability to determine position and location uncertainty at a 95% confidence level. Access points are required to re-check location at intervals sufficient to ensure operating frequency adjustment or cessation within one second if the location uncertainty region crosses into a restricted exclusion zone.
- Architecture: Mandatory centralized system connecting to the FCC Universal Licensing System (ULS) database daily.
- Database Updates: Access points must obtain updated frequency data daily and cease operation if updates are not obtained by 11:59 p.m. of the following day.
- Mobility and Protection: Re-check interval must ensure frequency adjustment within one second of entering an exclusion zone.
- Technical Restrictions: Mandatory contention-based protocol, transmit power control (TPC) capable of reducing power by at least 6 dB, permanently attached integrated antennas, and prioritization of operations above 6.105 GHz.
Operational Restrictions and Direct Client Communications
The Commission adopted rules permitting direct client-to-client communications between client devices operating under the control of the same GVP access point. These direct communications must take place on the same channel used to communicate with the controlling access point and comply with the GVP client power limits.
GVP access points and clients are prohibited from operating on aircraft, on oil platforms, or as part of fixed outdoor infrastructure (such as poles or buildings). Additionally, GVP access points are prohibited from operating co-frequency in exclusion zones around designated radio astronomy observatories and in ocean exclusion zones beyond the 12-nautical-mile United States territorial sea baseline to protect Earth Exploration Satellite Service (EESS) passive sensors.
- Prohibited Deployments: Aircraft, oil platforms, unmanned aircraft systems (UAS), and fixed outdoor infrastructure.
- Client-to-Client: Permitted between clients associated with the same GVP access point on the same operational channel.
- Ocean Exclusion: Prohibited on the ocean beyond the 12 nautical mile U.S. territorial sea baseline between 6.525-6.875 GHz.
Third Further Notice of Proposed Rulemaking
Concurrently with the Fourth Report and Order, the Commission issued a Third Further Notice of Proposed Rulemaking seeking comment on additional 6 GHz unlicensed regulatory enhancements.
The Commission proposes to formally codify rules allowing AFC systems to incorporate up to 6 dB of building entry loss (BEL) into predictive propagation models when evaluating spectrum availability for composite indoor/standard-power access points verified through the FCC Equipment Authorization System.
The Commission also proposes creating an exception to the prohibition against indoor access points on maritime vessels to permit low-power indoor (LPI) access points to operate on cruise ships meeting the definition set forth in 33 CFR ยง 101.105.
- Building Entry Loss: Proposal to permit AFC systems to apply up to 6 dB BEL for composite indoor/standard-power access points.
- Cruise Ship Connectivity: Proposal to authorize LPI 6 GHz access points aboard cruise ships carrying over 12 passengers for hire on voyages lasting more than 24 hours.
- Rule Updates: Broad inquiry into general updates to existing 6 GHz rules reflecting recent industry and technological developments.