The US Appeals Court has decided to uphold the Federal Communication Commission’s (FCC) reallocation of part of the 5.9 GHz band to unlicensed use, including WiFi, rather than keeping all of it for intelligent transportation systems (ITS). This is notable on three levels. First, it gives succor to WiFi as the primary beneficiary of access to the lower 45 MHz of the 5.9 GHz band, bringing stability to the US market. The latest WiFi 6E, for the first time, extends into that band but it still requires regulators to allocate the requisite spectrum, as has happened increasingly around the world. Secondly, the decision is a relief to the FCC itself, coming after a turbulent time for the regulator that saw…