The Federal Communications Commission won a key legal victory today as the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of its decision to designate a large portion of the 6-gigahertz spectrum to unlicensed users.

In early 2020 the FCC voted to free up to 1,200 megahertz of spectrum in the 6 GHz band for unlicensed Wi-Fi operations, freeing up vast amounts of unused capacity for new routers. By opening the spectrum up, the FCC said it would lead to much faster, lower latency streaming for telemedicine, education and entertainment.

However, the FCC’s move was opposed by the telecommunications firm AT&T Inc., which led a number of incumbent users of the 6 GHZ band to protest that their existing operations would be hurt by new Wi-Fi users.

In its complaint, AT&T and its fellow petitioners argued that new Wi-Fi users in the 6 GHZ band would be very likely to cause “harmful interference at unpredictable places and times.” AT&T also sued the FCC, claiming the agency arbitrarily rejected readily available safeguards that would prevent such interference.

But in its ruling today, the court said the petitioners’ arguments have no merit.

“Petitioners have failed to provide a basis for questioning the Commission’s conclusion that the Order will protect against a significant risk of harmful interference,” the court wrote in its Dec. 28 judgment. “We therefore deny the petitions for review in all respects save one.”

The only exception refers to the petition by licensed radio and television broadcasters who’re already using 6 GHz spectrum. The FCC failed to respond to their request that it reserve a sliver of the 6 GHz band exclusively for mobile licensees. So the court has asked the FCC to provide further explanation of that issue.

In any case, FCC Chairwoman Jessica Rosenworcel heralded the court’s decision, saying it cleared the way for “next-generation Wi-Fi access at a time when it is needed most.”

She said the availability of the 6 GHz band would provide superior Wi-Fi connectivity in more places, at faster speeds and with better performance.

AT&T and its co-petitioners were always up against it, as the FCC had the backing of WifiForward, a group representing tech heavyweights Google LLC, Microsoft Corp., Amazon.com Inc., Comcast Corp. and many others.

“The Commission’s decision was smart, well-researched, unanimous and bipartisan,” WifiForward stated. “We look forward to consumers getting faster, lower latency Wi-Fi operations in the band, which will include Wi-Fi 6E and eventually next-generation Wi-Fi 7.”

The case was perhaps notable as a rare alliance between those tech giants and Public Knowledge, a nonprofit public interest group that supports greater choice and competition in the digital marketplace.

Public Knowledge filed an amicus brief in support of the FCC that detailed the importance of gigabit Wi-Fi for the public. It said opening the 6 GHz band for unlicensed users would enable the deployment of next-generation Wi-Fi 6e networks.

“Everyone should recognize the importance of working Wi-Fi in our lives after two years of COVID-19,” Public Knowledge Senior Vice President Harold Feld said in a statement. “The FCC’s 2020 Order opening the 6 GHz band made much-needed new unlicensed spectrum available for telemedicine; streaming for education, work or entertainment; and thousands of other uses.”

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