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¹ú²úÊÓƵ's Open Technology Institute (OTI) and Public Knowledge (PK) filed an to the petition for stay filed by the Amateur Radio Emergency Data Network (AREDN) which called for a stay for the Commission's 5.9 GHz Report and Order which opened up spectrum in the 5.9 GHz band for unlicensed sharing needed to strengthen Wi-Fi amid increasing capacity demand. OTI and PK urged the Commission to reject the Petition for Stay because AREDN failed to meet the standard for a stay due to lacking merits, the failure to demonstrate irreparable harm, and the vast public interest benefits that will arise as a result of the Commission's action to open up 5.9 GHz band spectrum for unlicensed sharing.

OTI detailed in a report that there is an urgent need for the Commission to open up 5.9 GHz band spectrum to add bandwidth and capacity to Wi-Fi as demand for unlicensed spectrum is increasing and is only going to increase further with the coming of mobile 5G services and next-generation Wi-Fi 6 services.

The following is the introduction to the opposition:

To require a stay of the Commission’s order, AREDN must show the following: (1) a strong likelihood of success on the merits; (2) that it will suffer irreparable harm if the FCC does not stay the Order; (3) that other parties will not suffer substantial injury as a consequence of issuance of a stay; and (4) that the public interest favors grant of a stay.3 Here, AREDN fails to make the required showing for three of the four factors. Accordingly, the FCC should deny the request for a stay.