Introduction and Overview of the Draft Order
On January 8, 2026, the Federal Communications Commission released a public draft of 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 CIRC2601-01), scheduled for tentative consideration at its January 29, 2026 Open Meeting.
The draft Fourth Report and Order proposes authorizing a new category of unlicensed devices known as geofenced variable power (GVP) devices in the 6 GHz band (5.925–7.125 GHz). Operations would initially be permitted in the U-NII-5 (5.925–6.425 GHz) and U-NII-7 (6.525–6.875 GHz) sub-bands, deferring consideration of U-NII-6 and U-NII-8 bands to future proceedings.
GVP devices are designed to operate at higher power spectral density and total radiated power than existing very low power (VLP) devices by coordinating with centralized geofencing systems that enforce exclusion zones to protect incumbent licensed fixed microwave links and radio astronomy observatories.
- Applies to ET Docket No. 18-295 and GN Docket No. 17-183.
- Authorizes GVP access points and associated client devices in U-NII-5 and U-NII-7 bands.
- Maintains a permit-but-disclose status subject to Commission ex parte rules.
Power Levels and Operational Rules for GVP Devices
Under the draft rules, GVP access points are permitted to operate with a maximum power spectral density (PSD) of up to 11 dBm/MHz EIRP and a maximum total power of 24 dBm EIRP. These higher power thresholds are intended to overcome significant body attenuation—ranging from 28 dB to 96 dB—experienced by wearable technologies such as smartwatches and augmented reality/virtual reality (AR/VR) devices.
Client devices operating under the control of a GVP access point are limited to a maximum PSD of 5 dBm/MHz EIRP and 18 dBm EIRP. In all cases, client devices must operate at least 6 dB below the authorized transmit power level determined by the geofencing system for their controlling access point.
The draft rules also permit direct client-to-client communications between devices controlled by the same GVP access point, provided they communicate on the same frequency assigned by the 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's authorized power).
- TPC Requirement: Devices must support transmit power control capable of operating at least 6 dB below maximum EIRP PSD.
- Band Prioritization: GVP devices must prioritize spectrum above 6.105 GHz before utilizing frequencies between 5.925 GHz and 6.105 GHz.
Incumbent Protection and Centralized Geofencing System Architecture
The draft rules require geofencing systems to utilize a centralized architecture to manage frequency availability and calculate geographic exclusion zones. The Commission declined to adopt distributed architectures due to verification, testing, and enforcement constraints.
Geofencing systems will use the same propagation models and -6 dB interference-to-noise (I/N) protection criterion established for 6 GHz Automated Frequency Coordination (AFC) systems. Path loss calculations must use free-space path loss for distances up to 30 meters, WINNER II for 30 meters to 1 kilometer, and the Irregular Terrain Model (ITM) combined with appropriate clutter models for distances beyond 1 kilometer.
To protect fixed microwave receivers, geofencing systems must assume an unlicensed device transmit height of 10 meters above ground level and incorporate up to 4 dB of body loss. GVP access points must possess internal geolocation capability accurate within a 95% confidence level and adjust frequencies within one second if any portion of their location uncertainty region enters an active exclusion zone.
- Centralized geofencing architecture required; databases must update from the FCC Universal Licensing System (ULS) daily.
- GVP access points must re-check exclusion zone data daily; operation permitted until 11:59 p.m. the following day if an update fails.
- Protection of radio astronomy sites between 6.650–6.6752 GHz based on radio line-of-sight calculations.
- Prohibition on GVP operations in ocean exclusion zones beyond the 12-nautical-mile U.S. territorial sea border to protect Earth Exploration Satellite Service (EESS).
- Prohibition on operating GVP devices aboard aircraft, unmanned aircraft systems (UAS), oil platforms, or mounted to fixed outdoor infrastructure.
Proposals in the Third Further Notice of Proposed Rulemaking
Concurrently with the draft Report and Order, the FCC issued a Third Further Notice of Proposed Rulemaking (Third FNPRM) seeking comment on two modifications to 6 GHz unlicensed rules.
First, the Commission proposes to allow AFC systems to incorporate up to 6 dB of building entry loss (BEL) in propagation calculations when evaluating channel and power availability for composite indoor/standard-power access points, codifying relief previously granted via conditional waivers.
Second, the Third FNPRM proposes permitting low-power indoor (LPI) access points to operate on cruise ships as defined in 33 CFR § 101.105, citing substantial signal attenuation from metal hulls that reduces interference risks to ocean-based EESS operations.
- Proposal to codify up to 6 dB building entry loss (BEL) in AFC calculations for certified composite indoor/standard-power access points.
- Proposal to permit LPI access points on cruise ships over 100 gross register tons carrying more than 12 passengers on voyages exceeding 24 hours.
- Comment deadlines set for 30 days after Federal Register publication, with reply comments due 60 days after publication.