White Spaces FCC Rules

Monday,
December 6, 2010
Part V
Federal
Communications
Commission
47 CFR Parts 0 and 15
Unlicensed Operation in the TV Broadcast
Bands; Final Rule
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75814 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations
FEDERAL COMMUNICATIONS Printing Inc., Portals II, 445 12th St., are modifying and clarify our rules as
COMMISSION SW., Room CY–B402, Washington, DC appropriate in granting those requests.
20554; telephone (202) 488–5300; fax The Commission believes these changes
47 CFR Parts 0 and 15 (202) 488–5563; e-mail and clarifications will provide for
[ET Docket No. 04–186 and 02–380; FCC
FCC@BCPIWEB.COM. improved protection of licensed services
10–174] in the TV bands, resolve certain
Paperwork Reduction Act of 1995
uncertainties in the rules and provide
Analysis
Unlicensed Operation in the TV manufacturers with greater flexibility in
Broadcast Bands This document adopts new or revised designing products to meet market
information collection requirements demands. The Commission decisions
AGENCY: Federal Communications subject to the Paperwork Reduction Act granting and denying the various
Commission. of 1995 (PRA), Public Law 104–13 (44 requests for changes to our rules for TV
ACTION: Final rule. U.S.C. 3501–3520). The requirements bands devices are discussed.
will be submitted to the Office of 2. With the issuance of this decision
SUMMARY: This document finalizes rules Management and Budget (OMB) for and the forthcoming decision by the
to make the unused spectrum in the TV review under section 3507(d) of the Commission’s Office of Engineering and
bands available for unlicensed PRA. The Commission will publish a Technology on selection of one or more
broadband wireless devices. This separate notice in the Federal Register database managers, manufacturers will
particular spectrum has excellent inviting comment on the new or revised be able to begin to make unlicensed TV
propagation characteristics that allow information collection requirements bands devices and systems available to
signals to reach farther and penetrate adopted herein. The requirements will consumers, business and government
walls and other structures. Access to not go into effect until OMB has users for general use. The Commission
this spectrum could enable more approved them and the FCC has intends to closely oversee the
powerful public Internet connections— published a notice announcing the introduction of these devices to the
super Wi-Fi hot spots—with extended effective date of the information market and will take whatever actions
range, fewer dead spots, and improved collection requirements. In addition, we may be necessary to avoid, and if
individual speeds as a result of reduced note that pursuant to the Small Business necessary correct, any harmful
congestion on existing networks. This Paperwork Relief Act of 2002, Public interference that may occur. Further, the
type of ‘‘opportunistic use’’ of spectrum Law 107–198, see 44 U.S.C. 3506(c)(4), Commission will consider in the future
has great potential for enabling access to we previously sought specific comment any changes to the rules that may be
other spectrum bands and improving on how the Commission might ‘‘further appropriate to provide greater flexibility
spectrum efficiency. The Commission’s reduce the information collection for development of this technology and
actions here are expected to spur burden for small business concerns with protect against harmful interference to
investment and innovation in fewer than 25 employees.’’ incumbent communications services.
applications and devices that will be 3. Specifically, the Commission is
Summary of the Second Memorandum
used not only in the TV band but resolving on reconsideration certain
Opinion and Order
eventually in other frequency bands as legal and technical issues in order to
well. 1. In this Second Memorandum provide certainty concerning the rules
Opinion and Order, the Commission for operation of unlicensed transmitting
DATES: Effective January 5, 2011 except
addresses on reconsideration a wide devices in the television broadcast
for amendments to §§ 15.713, 15.714,
variety of issues relating to unlicensed frequency bands (unlicensed TV bands
15.715 and 15.717, which contain use of the TV bands. These issues
information collection requirements that devices, or TVBDs). Resolution of these
include protection criteria for issues will allow manufacturers to begin
are not effective until approved by the incumbent authorized services,
Office of Management and Budget. The marketing unlicensed communications
technical rules for TV bands devices, TV devices and systems that operate on
Commission will publish a document in bands database requirements, the
the Federal Register announcing the frequencies in the TV bands in areas
channels that can used by TV bands where they are not used by licensed
effective dates for those amendments. devices, and several miscellaneous services (‘‘TV white spaces’’). The
FOR FURTHER INFORMATION CONTACT: issues. The Commission is generally opening of these bands for unlicensed
Hugh Van Tuyl, Policy and Rules upholding the decisions it made in the use, which represents the first
Division, Office of Engineering and Second Report and Order and significant increase in unlicensed
Technology, (202) 418–7506 or via e- Memorandum Opinion and Order spectrum below 5 GHz in over 20 years,
mail Hugh.VanTuyl@fcc.gov. (Second Report and Order) in this will have significant benefits for both
SUPPLEMENTARY INFORMATION: This is a proceeding, 74 FR 7314, February 17, businesses and consumers and will
summary of the Commission’s Second 2009. with some specific revisions and promote more efficient spectrum use.
Memorandum Opinion and Order, ET clarifications. In this regard the actions 4. The Commission responds to
Docket No. 04–186 and 02–380, adopted taken here are consistent with and seventeen petitions for reconsideration
September 23, 2010 and released continue the approach towards that were filed in response to the
September 23, 2010. The full text of this authorization of unlicensed devices in Second Report and Order in this
document is available on the the TV bands that the Commission proceeding. These petitions collectively
Commission’s Internet site at http:// enunciated in the Second Report and request numerous changes in the rules
www.fcc.gov. It is also available for Order—its actions in this proceeding are for TV bands devices. The Commission
inspection and copying during regular to be a conservative first step that is upholding the majority of its prior
business hours in the FCC Reference includes many safeguards to prevent decisions on the issues raised therein. In
Center (Room CY–A257), 445 12th harmful interference to incumbent this regard, the Commission continues
Street, SW., Washington, DC 20554. The communications services. The to believe that the approach it followed
full text of this document also may be Commission does, however, agree with in the Second Report and Order is
purchased from the Commission’s petitioners with regard to a number of desirable and appropriate for this first
duplication contractor, Best Copy and the requested changes to the rules and step in allowing unlicensed operations
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 75815
in the TV bands. The Commission does, where the height above average terrain contours for TV stations. First, the
however, find merit in a number of the of the ground level is greater than 76 Commission declines to change the
requests for changes to the rules for meters. method that must be used to calculate
TVBDs and is granting those requests by • TV Bands Database TV station protected contours. No party
modifying and clarifying the rules in Æ Requiring that communications has described an alternative model that
four areas. Specifically, the Commission between TV bands devices and TV will provide more accurate calculations
is taking the following actions: bands databases, and between multiple of TV station contours than the
• Protection Criteria for Incumbent databases, are secure. Commission’s current method. The
Services Æ Requiring that all information current method of calculating TV station
Æ Modifying the protection criteria that is required by the Commission’s contours in § 73.684 of the rules using
for low power auxiliary stations such as rules to be in the TV bands databases be the FCC curves in § 73.699 of the rules
wireless microphones to reduce the publicly available. is straightforward, well understood and
required separation between such • Use of TV Channels has proven sufficiently accurate over
devices and unlicensed personal/ Æ Amending the rules to protect time. Given the lack of compelling
portable devices operating in Mode II. Canadian and Mexican stations in the information to the contrary, the
Æ Modifying the definition of the border areas by including those stations Commission believes that calculations
receive sites entitled to protection in the TV bands database as protected of channel availability relying on that
outside of a television station’s service services. methodology will provide satisfactory
area to include all multi-channel video Æ Changing the protection zone for protection of TV services. Further, with
programming distributors as defined by the radio astronomy facility near respect to Adaptrum’s request that TV
our rules. Socorro, New Mexico to a rectangular signal information be incorporated into
Æ Reserving two vacant UHF area. the TV bands databases, the
channels for wireless microphones and Æ Declining to grant a request by
Commission is removing the
other low power auxiliary service FiberTower to set aside TV channels for
requirement that TV bands devices that
devices in all areas of the country. fixed licensed backhaul use.
5. The Commission also makes other include a geo-location capability and
Æ Allowing operators of event and access to a database must sense
production/show venues that use large minor changes and refinements to its
rules for TV bands devices. With these television and low power auxiliary
numbers of wireless microphones on an stations. Thus, sensing information on
changes and clarifications, the rules will
unlicensed basis that cannot be the location of TV signals would not be
better ensure that licensed services are
accommodated in the two reserved available to incorporate into the
protected from interference while
channels and any others available at database. The Commission agrees with
retaining flexibility for unlicensed
that location to register the sites of those Rudman/Ericksen that the TV bands
devices to share the TV bands with
venues on TV bands databases to device database should include
them.
receive the same geographic spacing information on transmit antenna beam
protections afforded licensed wireless Protection Criteria for Incumbent tilt to permit TV contour calculations to
microphones. Services be made consistent with part 73 of the
Æ Restricting fixed TV bands rules and is modifying § 15.713(h) of the
TV Stations
devices from operating on locations rules accordingly.
where the ground level is more than 76 6. In the Second Report and Order, 8. The Commission also affirms its
meters above the average terrain level in the Commission adopted technical decision to protect low power television
the area. criteria for determining when a TV stations to the same signal contour as
• TV Bands Devices channel is considered vacant for the full service TV stations. Low power
Æ Eliminating the requirement that purpose of allowing operation of an stations may provide the only over-the-
TV bands devices that incorporate geo- unlicensed device on that channel. It air broadcast services in rural areas, and
location and database access must also protected full service TV stations and the Commission disagrees that viewers
listen (sense) to detect the signals of TV Class A TV, low power TV, TV of those stations should receive less
stations and low power auxiliary service translator and TV booster stations from protection than viewers of full service
stations (wireless microphones). As part interference within defined signal stations. Further, low power stations by
of that change the Commission is also contours. The signal level defining a their nature cover only a relatively small
revising and amending the rules in television station’s protected contour area, so a modest increase in the
several aspects to reflect use of that varies depending on the type of station, protected area beyond the defined part
method as the only means for e.g., analog or digital TV, and the band 74 contour for these stations will not
determining channel availability. While in which a TV station operates, e.g., significantly impact the deployment of
the Commission is eliminating the VHF or UHF. The protected contours for TV bands devices.
sensing requirement for TVBDs, it is analog TV stations are calculated in 9. The Commission disagrees with
encouraging continued development of accordance with the F(50,50) curves SBE and Community Broadcasters that
this capability because it believes that it specified in the Commission’s rules, and the rules fail to protect analog TV
holds promise to further improvements the protected contours for digital TV stations. While the D/U protection ratios
in spectrum efficiency in the TV stations are calculated in accordance for analog TV stations are higher than
spectrum in the future and will be a with the F(50,90) curves. While part 74 for digital stations, the protected service
vital tool for providing opportunistic of the rules protects low power stations contours for analog stations are also
access to other spectrum bands. to a higher signal strength contour, and higher than for digital stations. The net
Æ Adopting power spectral density therefore to a shorter distance, than full result is that the level of an undesired
limits for unlicensed TV bands devices. service TV stations, the Commission signal from a TVBD that will cause
Æ Modifying the rules governing decided to require TV bands devices to interference to an analog station is
measurement of adjacent channel protect low power stations to the same higher than the level that will cause
emissions. contour as full service TV stations. interference to a digital station. Thus,
Æ Restricting fixed TV bands 7. Decision. The Commission affirms the Commission’s standards for
devices from operating at locations its decisions regarding the protection protection of digital TV stations from
interference caused by TVBDs when basis to operate without risk of receiving generally should be able to tolerate
applied for protection of analog TV harmful interference from TVBDs. The some latency, whereas wireless
stations provide somewhat greater Commission has also provided for a microphones operate in real time and
protection of analog TV stations than nominal separation distance between generally cannot tolerate significant
would standards produced from a TVBDs and sites of venues and events latency. Most importantly, unlicensed
similar analysis that specifically where large numbers of unlicensed wireless microphones have been
considered protection of analog TV wireless microphones used by operating for quite some time without
stations. The Commission also finds that permitting such sites to be registered in causing harmful interference.
an analysis focusing on digital operation the TV bands databases. Further, it Accordingly, the Commission concludes
is appropriate for low power television notes that at any particular location a that unlicensed wireless microphones
stations because these stations will number of TV channels will not be should not be subject to the more
eventually convert to digital operation. available for use by TVBDs due to the confined approach it has applied to
10. The Commission declines to adopt application of the various interference TVBDs.
any new requirements related to the use protection requirements under our 14. With regard to registration of
of TV bands devices in close proximity rules. Thus, a significant amount of unlicensed devices in the TV bands
to amplified indoor antennas. A TV spectrum will be available on which databases, the Commission first
bands device and a TV receiver in close wireless microphones can be operated observes that unlicensed wireless
proximity would be under the control of as they have in the past without concern microphones operate under the same
the same party who could take steps to for interference from TVBDs. The general conditions of operation in § 15.5
eliminate interference. The Commission Commission believes that this spectrum of the rules as TV bands devices,
previously adopted a requirement in the will provide sufficient frequencies to meaning they may not cause
Second Report and Order requiring support wireless microphone operations interference to authorized services and
manufacturers to provide information to at the great majority of events. The must accept any interference received,
consumers on possible methods to Commission disagrees with those who including interference from other non-
resolve interference to television in the argue that more spectrum should be licensed devices. As a general matter,
event it occurs, so the Commission finds reserved for wireless microphones. It the Commission therefore finds that it
no need to adopt any additional observes that wireless microphones would be inappropriate to protect
requirements. generally have operated very unlicensed wireless microphones
Wireless Microphones and Other Low inefficiently, perhaps in part due to the against harmful interference from other
Power Auxiliary Stations luxury of having access to a wealth of unlicensed devices, and in particular
spectrum. While there may be users that TV bands devices. The Commission
11. In the Second Report and Order,
the Commission decided that the believe they need access to more observes that there are a wide variety of
locations where licensed part 74 low spectrum to accommodate more applications for wireless microphones
power auxiliary stations, including wireless microphones, the Commission ranging from a single wireless
wireless microphones, are used can be finds that any such needs must be microphone used by a performer or
registered in the TV bands device accommodated through improvements presenter, to small theatrical
database and will be protected from in spectrum efficiency. The Commission productions using perhaps 10–20
interference from TV bands devices. TV underscored this point in the currently microphones, to large scale productions
bands devices may not operate co- pending wireless microphone and events such as professional sports
channel to a registered low power proceeding and sought comment on events and Broadway style productions
auxiliary station within a distance of 1 solutions that could enable wireless that may use well over 100 wireless
kilometer of the registered coordinates. microphones to operate more efficiently microphones. The overwhelming
12. Decision. The Commission and/or improve their immunity to majority of such use does not merit
continues to recognize that wireless harmful interference, See Report and registration in the TV bands database. In
microphones are currently used in many Order and Further Notice of Proposed cases where the number of wireless
different venues where people gather for Rule Making in WT Docket Nos. 08–166 microphones needed for an event is
events large and small and many and 08–167 and ET Docket No. 10–24, relatively low, the operator of
consumers and businesses have come to 25 FCC Rcd 643, 702 (2010), FCC 10– unlicensed microphones can avoid
rely on these devices. The Commission 16, 75 FR 9113, March 1, 2010. The receiving harmful interference from
has previously limited use of channels Commission will continue to pursue TVBDs by simply using the reserved
2 and 5–20 to communications between this issue as it considers possible channels or other channels in each
fixed TVBDs and reserved two channels repurposing of the TV spectrum. market where TVBDs are not allowed to
in the range 14–51 in the 13 markets 13. The Commission disagrees with operate. The two reserved TV channels
where PLMRS and CMRS systems the petitioners that argue unlicensed will accommodate a minimum of at
operate to make sure that frequencies wireless microphones should be subject least 16 wireless microphones, and the
are available for wireless microphones. to the same requirements as TVBDs additional channels that are not
The Commission herein expands the under the rules. There are many available for TVBDs at most locations
reservation of two channels in the range important differences that make it will accommodate many additional
14–51 to all markets nationwide as impractical to apply the same rules to wireless microphones. On the other
suggested by several petitioners. This both types of devices. For example, hand, the Commission recognizes that
will provide frequencies where a TVBDs are expected to be data devices certain events, such as major sporting
limited but substantial number of that will have access to the Internet. contests or live theatrical productions/
wireless microphones can be operated Wireless microphones do not typically shows, may use scores of wireless
on any basis without the potential for include geo-location technology nor do microphones and therefore may not be
interference from TV bands devices. It they connect to the Internet, so able to be accommodated in the two
will also ensure that frequencies are requiring these devices to check for reserved channels and other channels
available everywhere for licensed channel availability through a database that may be available for wireless
wireless microphones used on a roving would be impractical. Also, TVBDs microphones at that location.
15. Accordingly, the Commission is register sites directly with one of the separation distance, as well as the level
addressing unlicensed wireless designated database administrators and of the desired signal at the receiver, the
microphones and low power auxiliary provide the information required by the receive antenna and receiver
devices in our rules for TV band devices rules, which the Commission is characteristics, and any intervening
as follows. As the general rule, it is not amending to include the wireless structures or terrain that could attenuate
allowing unlicensed wireless microphone call sign. As indicated, the undesired signal. Neither Shure nor
microphones and other low power operators of venues using unlicensed CWMU provided an analysis with their
auxiliary devices operating without a wireless microphones will be required petitions demonstrating that the 1 km
license to be registered in the database; to register their sites with the separation distance adopted in the
these devices will not be afforded Commission, which will transmit the Second Report and Order is inadequate
protection from interference from TV information to the TV bands device for fixed devices when taking all
bands devices on channels where TV database administrators. For the relevant factors into account. In cases
bands devices are allowed to operate. purpose of this registration, the where licensed low power auxiliary
Entities desiring to operate wireless Commission will develop a form that stations are being used at large outdoor
microphones on an unlicensed basis will allow the information to be filed venues, such as racetracks or golf
without potential for interference from through one of the Commission’s courses, the Commission will permit the
TVBDs may use the two channels in electronic filing systems, such as the party registering the devices to specify
each market area where TVBDs are not Universal Licensing System (ULS). The the coordinates of multiple locations
allowed to operate, as well as other TV applicant will be required to certify that within the site to ensure that protection
channels that will be available in the it complies with the requirements for is provided over the entire facility
vast majority of locations. Such entities registration of unlicensed wireless where microphones are being used.
may consult with a TV bands database microphones, including that it will first 18. However, the Commission agrees
to identify the reserved channels at their make use of all TV channels not with petitioners that argue that it is not
location, as well as the TV channels that available for TV bands devices that are necessary to provide low power
may not be available for TV band practicable for wireless microphone use, auxiliary stations the same protection
devices. Entities operating or otherwise including channels 7–51 (except from personal/portable TV bands
responsible for the audio systems at channel 37), and submit the information devices because the latter operate with
major events where large numbers of specified by the rules, which we are power levels at least forty times lower
wireless microphones will be used and amending to include the name of the than the maximum power permitted for
cannot be accommodated in the venue where the equipment is operated. fixed TV bands devices. Therefore, it is
available channels at that location may As a benchmark, at least 6–8 wireless modifying the rules to require that Mode
request registration of the site in the TV microphones must be operating in each II (independent) personal/portable
bands databases. The registration channel that is being used for the event. devices not operate co-channel with low
requests must be filed with the Registration requests that do not meet power auxiliary stations within 400
Commission. Entities filing registration these criteria will not be registered in meters (0.4 km) of their coordinates
requests will be required to certify that the TV bands databases. The registered in the TV bands device
they are using the reserved channels Commission will take actions against database. A 100 mW transmitter will
parties that file inaccurate or incomplete produce a lower signal at 400 meters
and all other available channels from 7–
than a 4 watt transmitter at 1 km using
51 (except channel 37) that are not information, such as denial of
a free space calculation, so this shorter
available for use by TV band devices registration in the database, removal of
distance will provide greater protection
and are practicable for use by wireless information from the database pursuant
for low power auxiliary devices from
microphones. The request to be to § 15.713(i), or other sanctions as
100 mW TV bands devices than a 1 km
registered must be filed with the appropriate to ensure compliance with
separation from 4 watt devices. The
Commission at least 30 days in advance the rules. The Commission will make
Commission will use this same 400
and include the hours, dates or days of requests for registration of sites that use
meters distance for personal/portable
the week and specific weeks on which unlicensed wireless microphones public
devices that operate with less than 100
those microphones will be in actual use and will provide an opportunity for
mW of power.
(on dates where events are not taking public comment or objections. The 19. The Commission finds that it is
place, those sites will not be protected) Commission has delegated authority for not practical to protect wireless
and other identifying information also administering this registration process microphones using information
required of low power auxiliary jointly to its Office of Engineering and obtained from the ULS and declines to
licensees. Unlicensed microphones at Technology and Wireless require that that information be used in
event sites qualifying for registration in Telecommunications Bureaus. defining such protection as suggested by
TV bands databases will be afforded the 17. The Commission is maintaining Rudman/Ericksen. Some wireless
same geographic spacing from TVBDs as the requirement that fixed TV bands microphones are licensed using specific
licensed microphones. The Commission devices may not operate co-channel coordinates, while others are licensed to
also advises entities responsible for with low power auxiliary stations a wide area such as the entire service
event sites qualifying for registration in within 1 km of their coordinates area of a TV station, and a license may
TV bands databases that registration registered in the TV bands databases. specify multiple operating channels.
does not create or establish any form or The Commission recognizes the The Commission also observes that
right or assurance of continued use of arguments of Shure and CWMU about wireless microphones can be operated
the spectrum in the future. the difference in power levels between intermittently at discrete locations,
16. To allow it to better identify fixed TV bands devices and wireless rather than continuously over a wide
registered wireless microphone licensed microphones. However, whether area. Thus, the use of ULS licensing
operations and unlicensed sites, the harmful interference occurs in a data could preclude TV bands devices
Commission adopted the following particular situation depends on many from operating on multiple channels
registration procedures. Operators of factors, including the undesired signal and at locations where no wireless
licensed wireless microphones may power, antenna directivity and microphones are in operation.
Translators, Cable Headends and devices operating co-channel to the available for white space devices.
Multichannel Video Program received station may not operate within However, the Commission also
Distributors 80 km of the receive site, and TV bands recognizes that parties may wish to have
20. In the Second Report and Order, devices on channels adjacent to the an opportunity to review such requests
the Commission adopted rules to protect received station may not operate within to confirm the assessment. We are
TV translator receive sites and cable TV 20 km of the receive site. The protection therefore providing that current MVPD
headends that are located outside the radius extends only as far as the operators, TV translator, low power TV
protected contours of the TV stations protected contour of the station being and Class A TV stations with receive
being received. TV translator receive received, so the co-channel protection sites located beyond the 80 km co-
sites are often located on high towers or distance would be less than 80 km for channel protection distance in the rules
at high elevations and use high gain receive sites closer than this distance may apply for a waiver of that distance
antennas to receive a full service from a protected contour, and both the during a period that will end 90 days
station’s signal well beyond the station’s co-channel and adjacent channel after the effective date of the rules
service area. Cable headends are protection distances would be less than adopted herein. Such waiver requests
facilities that acquire and distribute 20 km for receive sites closer than this would also involve shifting the 20 km
video service signals over a cable distance from a protected contour. In adjacent channel protection distance so
television system. Broadcast TV signals addition, to prevent interference to TV that it is measured from the actual
translators and cable headends from TV receive site. The Commission will then
are often received off-the-air at a cable
bands devices outside the main beam of issue a public notice requesting
headend for retransmission over the
the receive antenna, the Commission comment on requests it receives and
cable system. In many cases, the cable
prohibited TV bands devices from issue decisions. MVPD operators and
headend will use an antenna with high
operating co-channel to the channel(s) TV translator, low power TV and class
gain antenna mounted high on a tower
being received by these facilities within A TV stations that commence operation
to receive a TV station’s signals well
8 kilometers and from operating on in the future with receive sites located
beyond the station’s service area in a
adjacent channels within 2 kilometers beyond the co-channel and adjacent
manner similar to that used by TV
in all directions off the ± 30 degree arc. protection distances may apply for a
translators. The Commission found that 22. Decision. The Commission waiver of those distances within 90 days
it is important to avoid disruption of TV modified the rules to expand and more of commencing operation. Following
service to viewers who are located clearly define the types of receive receipt of such request(s), the
beyond TV station service areas and facilities that may be registered in the Commission will then issue a public
able to receive those signals through TV bands database and are making notice asking for comment on the
retransmission on TV translators and certain changes to the protection criteria request(s) and issue decision(s).
cable systems. While those viewers are for these receive facilities. The purpose 24. The Commission declines to
in fact located beyond the areas where of permitting the registration of receive increase the width of the ±30 degree
the Commission normally protects TV sites is to protect the reception of over- protected arc as requested by NCTA. A
services, in these cases TV services have the-air TV signals that are redistributed receive site located outside the
de facto been extended and valuable through another means. Consistent with protected contour of a TV station would
service is being provided to a significant this intent, the Commission will permit need to incorporate a high gain receive
number of households. If a TV bands the registration of TV receive sites for antenna, which has a narrow
device were to be located between the other types of video service providers beamwidth. While it recognizes NCTA’s
TV translator/cable headend and TV besides cable systems and is modifying argument that an antenna has side lobes
station and then operate on one or more the rules in this regard to more clearly that will allow it to receive signals
of the channels being received by those and completely define the types of outside its main beam, this does not in
facilities in a manner that results in facilities that may be registered. The itself demonstrate that the current
harmful interference, TV reception to Commission therefore specifies that protection requirement is inadequate or
the households and the cable system receive sites of all multi-channel video that a wider protected arc is necessary.
services could be disrupted. programming distributors (MVPDs) as Adaptrum provides no information to
21. To protect cable headends and TV defined by section 602(13) of the support its argument that the protection
translator receive sites which are not Communications Act may be voluntarily distance outside of the main lobe of the
listed in Commission databases, the registered in the database, in addition to receive antenna should be significantly
Commission allowed operators of TV TV translator receive sites. reduced and we therefore deny that
translator receive sites and cable 23. The Commission recognizes that request. The Commission further
headends that are located within 80 km there are cable headends that receive TV declines to require operators of fixed TV
of the service contour of the received TV station signals located at distances bands devices to coordinate with
station to register their location and the beyond 80 km from the edge of a operators of receive sites. The
channel(s) they receive in the TV bands television station’s protected service requirements it has adopted are
device database. To prevent contour and understand NCTA’s extremely conservative and will
unnecessary entries into the database, concern for possible disruption service adequately protect receive sites, so a
the Commission permitted translator to cable subscribers. These same coordination requirement is
receive sites and cable headends to be considerations would apply to other unnecessary and would be cumbersome
registered only if they are outside the MVPDs and to TV translator, low power to implement.
protected contour of the TV station TV and Class A TV stations that re- 25. The Commission finds it
being received. The rules limit transmit programming from another TV unnecessary to provide for registration
operation of TV bands devices co- station. The Commission does not of receive sites within the protected
channel and adjacent to the channel(s) believe that the requested change would contour of a TV station being received
being received over an arc of ± 30 have significant impact on the and thus declines to allow such
degrees from a line between the receive availability of TV white space because registrations. Within a station’s
site and the TV station(s) being these facilities are generally in remote protected service contour, receive sites
received. Within this arc, TV bands areas where many channels will be are protected from interference by the
same provisions that protect reception performance as an omni-directional with which it is linked, all the other
by consumers. The rules require that TV antenna with 0 dBi gain. The linked devices will be required to
bands devices be located outside the Commission also required that the respond as if they had detected the
contour of a co-channel TV station, so receive antenna used by fixed devices signal themselves.
a TV bands device located near a be located at least 10 meters above the 30. Decision. The Commission
contour that is communicating with ground to maximize the likelihood that eliminated the requirement for TV
another TV bands device would not be its reception is not blocked from bands devices that rely on geo-location
directing its signal into the contour receiving signals originating from any and database access to sense analog and
where the receive site is located. direction. It found that receive antenna digital TV signals and also wireless
Further, a receive site inside, but near height requirements are impractical for microphones and other low power
the edge of a protected contour, would personal/portable devices and declined auxiliary stations. Much of this
have it receive antenna directed toward to impose such requirements on those proceeding has focused on the central
the TV station and not at the TV bands devices. question of whether spectrum sensing is
device outside the contour. Therefore, 28. Under the rules adopted in the a viable tool for providing access to
the orientation of the antennas in this Second Report and Order, a TV bands spectrum. The Commission has noted
situation makes interference highly device is permitted to begin operating the benefits and limitations of spectrum
unlikely. Additionally, a TV bands on a TV channel if no wireless sensing through testing conducted by its
device operating on a channel adjacent microphone or other low power engineers and extensive discussion in
to an occupied TV channel is permitted auxiliary device signals above the the Second Report and Order. The
to operate within the service contour, detection threshold are detected within Commission continues to believe that
but at a lower power level not to exceed a minimum time interval of 30 seconds. spectrum sensing will continue to
40 mW. This lower power level A TV bands device must also perform develop and improve. It anticipates that
combined with the fact that a receive in-service monitoring of channels on some form of spectrum sensing may
site within a contour will receive a which it operates a minimum of once very well be included in TVBDs on a
higher signal level than a receive site every 60 seconds. There is no minimum voluntary basis for purposes such as
outside the contour makes adjacent channel availability check time for in- determining the quality of each channel
channel interference from that source service monitoring. If a device detects a relative to real and potential
again unlikely. Furthermore, in the wireless microphone or other low power interference sources and enhancing
event that interference does occur, the auxiliary device signal on a channel it spectrum sharing among TVBDs.
operator of the TV bands device is is using, the device must cease all However, at this juncture, the
required to cease operation. transmissions on that channel within Commission does not believe that a
26. Finally, the Commission is two seconds. If a TV signal is detected mandatory spectrum sensing
modifying the text of the rules to clarify on a channel indicated as available for requirement best serves the public
that registration for receive sites is use by the database, the TV bands interest. As petitioners and responding
limited to channels that are received device must provide a notice of that parties indicate, the geo-location and
over-the-air and are used as part of detection to the operator of the device database access method and other
service of the MVPD, TV translator, low and provide a means for the operator to provisions of the rules will provide
power TV station or Class A TV station. remove the channel from the device’s adequate and reliable protection for
The Commission is not limiting list of available channels. However, television and low power broadcast
registration to local channels so as not with respect to TV signals, the database auxiliary services, so that spectrum
to preclude the possibility that an is the controlling factor in determining sensing is not necessary. With respect to
MVPD or TV translator/low power whether a channel is available, and protection of television services, the
television station may retransmit out-of- there is no requirement for a TV bands Commission observes that the geo-
market channels if it is authorized to do device to avoid operating on a channel location and database method is already
so. where it detects a TV signal, since it is the primary means for preventing
possible to detect a signal outside a interference to TV stations. The sensing
TV Bands Devices station’s protected service contour. requirement adopted in the Second
29. A personal/portable device Report and Order only requires that a
Spectrum Sensing
operating in Mode I must identify TV bands device inform the user when
27. In addition to requiring that TV (report) those TV channels on which it a TV signal above a threshold is
bands devices access a database to senses a wireless microphone or detected and provide an opportunity for
determine available channels, the television signal above the detection the user to change channel, but it does
Commission decided in the Second threshold to the fixed or Mode II not preclude operation on a channel
Report and Order to require that TV personal/portable device that provides it where a TV signal is detected. That is,
bands devices be capable of sensing with a list of available channels. The the Second Report and Order essentially
analog TV signals, digital TV signals fixed or Mode II device must respond as relied on geo-location and the TV bands
and wireless microphone signals at a if it had detected the signal itself, i.e., databases to protect over-the-air TV
level of ¥114 dBm within defined it must not use the occupied channel if broadcasting, not spectrum sensing.
receiver bandwidths. This level is the Mode I device detects a wireless 31. The Commission also now
referenced to an omni-directional microphone and must report the TV concludes that inclusion of a spectrum
receive antenna with a gain of 0 dBi. If signal detection to the operator of the sensing capability is not necessary to
a receive antenna with a minimum device. In addition, TV bands devices protect wireless microphone operations.
directional gain of less than 0 dBi is communicating either directly with one Parties operating part 74 licensed low
used, the detection threshold must be another or linked through a base station power auxiliary stations at fixed
reduced by the amount in dB that the must share information on channel locations are eligible to register those
minimum directional gain of the occupancy determined by sensing. If operations in the TV bands device
antenna is less than 0 dBi. Alternative any device in a local area group or database to obtain interference
approaches for the sensing antenna are network determines that a channel is protection from TV bands devices. As
permitted that provide at least the same occupied and notifies other devices indicated, for parties ineligible for part
74 licensing, the Commission, in its revisions of the geo-location and the Mode I device’s list of available
Wireless Microphone R&O/FNPRM database access rules, the changes channels, is described in more detail in
permitted the operation of low power include revision of certain terms used in the section below on Re-check
auxiliary service stations on an the rules and elimination of the terms Procedures. This requirement is
unlicensed basis under part 15 of the ‘‘client device,’’ ‘‘client mode,’’ ‘‘master necessary because a Mode I device is
rules pending a final decision on its device,’’ and ‘‘master mode.’’ not generally expected to be able to
proposals to expand eligibility for part 33. As part of these changes, the determine when it has moved, and it
74 licensing and to allow a new category Commission eliminated the could possibly be moved to a location
of wireless audio devices to operate in requirements for devices operating in where the operating channel is
the core TV bands under part 15. Based Mode I to use distributed sensing. It also occupied. Maintaining regular contact
on the Commission’s informal observes that some of the comments on with a Mode II or fixed device will
observations of the marketing and uses this issue appear to reflect an ensure that Mode I devices operate only
of wireless microphones, it appears that understanding that the rules permit on channels available at their location
the number of wireless microphones extensive networks of devices that and that they cease operation when they
operating under the part 15 waiver would all be linked together using a move out of range of the device from
significantly outnumbers those commonly identified list of available which they obtained their list of
operating as part 74 licensed devices. channels. The Commission wishes to available channels, in which case their
Unlicensed devices operate on a non- correct any misconceptions that, at least list of available channels would no
interference basis, meaning they may at this stage, the rules contemplate or longer be valid. This requirement will
not cause interference to authorized permit such networks and sharing of also address situations where a Mode I
services, and must accept any channel availability information. Rather, device is no longer able to maintain
interference received, including as stated in the Second Report and contact with an operating fixed or Mode
interference from other unlicensed Order, the Commission will permit II device (for example, if the fixed or
devices such as TV bands devices. personal/portable TVBDs to be used in Mode II device with which the Mode I
Requiring TV bands devices to sense the operation of networks only where a device has been communicating ceases
low power auxiliary stations such as means is provided to ensure that each operation and the Mode I device is not
wireless microphones would device is operating consistent with the able to contact a replacement).
inappropriately give interference channels available at its particular 35. In reviewing the rules in this
protection to a large number of other location. The rules do not permit context, the Commission also observes
unlicensed, unprotected devices personal/portable devices operating in that § 15.711(b)(3)(ii) of the rules
because there is no way for the sensing Mode I to relay channel availability requires that a Mode II personal/
feature of a TV bands device to information from one Mode I device to portable device access the database for
distinguish licensed from unlicensed another Mode I device unless some a list of available channels each time it
devices. The Commission recognizes means is used to ensure that each device is activated from a power-off condition
that there will be some licensed low is operating within the parameters for and re-check its location and the
power auxiliary stations that can be its particular location. database for available channels if it
34. The Commission’s elimination of changes location during operation. It is
used in roving applications for which
the general requirement that all TV the Commission’s intent that a Mode II
the location cannot be known in
bands devices perform spectrum sensing device monitor its location regularly to
advance and therefore cannot be
at least once per minute and report determine if its location has changed
registered in the TV bands device
channel availability information to other under this requirement. The
database. The Commission has reserved devices in a network removes the only Commission therefore amended this
two channels at all locations on which existing requirement in the rules for a section of the rules to clarify that a
unlicensed TV bands devices will not be Mode I device to maintain contact with Mode II device must use its geo-location
allowed to operate in order to ensure a fixed or Mode II device. In reviewing capability to check its location at least
that there are frequencies on which this provision, the Commission also once every 60 seconds, except when in
licensed microphones used in roving observed that the rules currently do not ‘‘sleep mode,’’ i.e., in a mode in which
applications such as electronic news require that a Mode I device the device is inactive but is not
gathering can operate. The availability periodically re-establish its list of powered-down. This clarification will
of the frequencies in these channels will available channels through either device ensure that Mode II devices re-check
make it unnecessary to provide special that uses geo-location and database their list of available channels within a
protection from interference for such access; however, such re-checks for short interval if their location changes.
applications. channel availability are necessary to It will also provide clarity with respect
32. With the elimination of the ensure that a Mode I device does not the re-check requirements for devices
spectrum sensing requirement for TV continue to operate on a channel that that operate on a mobile basis within a
bands devices that use geo-location and becomes unavailable. To address these bounded geographic area in which the
database access, there is collaterally no concerns, the Commission is adding a same channels are available at all
longer a need for a minimum receive requirement that a device operating in locations.
antenna height for fixed devices, and Mode I must either receive a special 36. While the Commission eliminated
the Commission consequently is signal from the Mode II or fixed device spectrum sensing for TVBDs that use
removing that requirement from the that provided its current list of available geo-location and database access, it
rules. The Commission also revised and channels to verify that it is still in continues to believe that this technology
amended certain elements of the rules reception range of that device or contact offers significant promise for improving
so that they continue to provide a Mode II or fixed device at least once spectrum access and efficiency both in
comparable assurance of protection per minute to re-verify/re-establish the TV bands and in providing access to
against interference in the absence of channel availability. This new other spectrum. Spectrum sensing has
sensing capabilities and to clarify and requirement, including the special come a long way and some have
simplify the rules as they pertain to signal for verifying contact with the expressed the view that even today it is
interference protection. In addition to Mode II or fixed device that provided sufficiently developed that it can be
relied upon for determining access to determines through testing that a lower could operate at higher transmit heights
the TV bands and other spectrum. The detection threshold is necessary to without causing interference, the
Commission is therefore leaving open prevent interference then it will require Commission could revisit the height
the opportunity to submit applications the device to meet the lower threshold limit.
for certification of sensing-only devices. before it could be certified. The 41. While the Commission expects
It acknowledges that the process for Commission believes that these that specifying a limit on antenna height
approval of such devices is rigorous. requirements for sensing-only devices above ground rather than above average
However, the Commission continues to are sufficiently conservative to prevent terrain is satisfactory for controlling
believe that an open and transparent interference to TV reception and low interference to authorized services in
review as provided by that process is power auxiliary stations. The the majority of cases, it also recognizes
appropriate for sensing-only devices. Commission sees no basis for increasing petitioners’ concerns about the
Accordingly, the Commission retained the threshold for sensing of television increased potential for interference in
the provisions in the rules that permit signals. instances where a fixed TV bands
the authorization and operation of device antenna is located on a local
personal/portable TV bands devices that Technical Requirements geographic high point such as a hill or
rely on sensing alone under a ‘‘proof-of- Antenna Height mountain. In such cases, the distance at
performance’’ standard. The which a TV bands device signal could
39. Because the range at which a TV
Commission invites parties that submit propagate would be significantly
bands device can cause interference
such applications when they are ready increased, thus increasing the potential
increases as the height of the device’s
to do so. The Commission takes this for interference to authorized operations
antenna increases, the Commission in the TV bands. The Commission
opportunity to clarify that devices that
adopted a maximum antenna height therefore concludes that it is necessary
use sensing alone may initiate and
limit of 30 meters above ground for to modify our rules to limit the antenna
participate in a network of TVBDs and
fixed devices. This height limit was HAAT of a fixed device as well as its
may communicate with fixed, Mode I,
intended to balance unlicensed fixed TV antenna height above ground. In
Mode II and other sensing-only TVBDs
bands device transmission range with considering a limit for antenna HAAT,
but may not provide a Mode I device
the distance at which those operations the Commission needs to balance the
with a list of available channels. The
could impact licensed services. The concerns for long range propagation
Commission is also re-locating the
existing spectrum sensing technical Commission did not impose height from high points against the typical
provisions that previously applied to all restrictions on personal/portable variability of ground height that occurs
TVBDs into the rule section on sensing- devices because it found that it is not in areas where there are significant local
only devices. practical to administer an antenna high points—the Commission does not
37. The Commission is also increasing height limit for those devices and the want to preclude fixed devices from a
the minimum required detection lower power and limited antenna gain large number of sites in areas where
threshold for wireless microphones and of personal/portable devices would there are rolling hills or a large number
other LPAS stations of sensing-only generally result in propagation over a of relatively high points that do not
devices from –114 dBm to –107 dBm. It shorter range than fixed devices. generally provide open, line-of-sight
is making this change for two reasons. Further, the Commission observed that paths for propagation over long
First, sensing-only devices must operate personal/portable devices, unlike fixed distances. The Commission finds that
with lower power than fixed or other devices which have gain antennas limiting the fixed device antenna HAAT
personal/portable devices (except for mounted outdoors to maximize the to 106 meters (350 feet), as calculated by
personal/portable devices operating on propagation range of their signals, will the TV bands database, provides an
channels adjacent to television stations), likely typically be used indoors where appropriate balance of these concerns. It
so a higher detection threshold would their signals will be attenuated by will therefore restrict fixed TV bands
provide a level of protection that is exterior walls. These factors will devices from operating at locations
approximately comparable to a lower significantly reduce the range at which where the HAAT of the ground is
threshold in a higher power device. signals from a personal/portable device greater than 76 meters; this will allow
Second, the rules for such devices will be of sufficient field strength to use of an antenna at a height of up to
specify that although compliance with cause interference. 30 meters above ground level to provide
the detection threshold for spectrum 40. Decision. The Commission an antenna HAAT of 106 meters.
sensing is required, it is not necessarily declines to increase the maximum Accordingly, the Commission specifies
sufficient for demonstrating reliable permitted transmit antenna height above that a fixed TV bands device antenna
interference avoidance. Thus, the ground for fixed TV bands devices. As may not be located at a site where the
required detection threshold we are the Commission stated in the Second ground HAAT is greater than 75 meters
adopting serves as a minimum Report and Order, the 30 meters above (246 feet). The ground HAAT is to be
performance criteria for a device. ground limit was established as a calculated by the TV bands database
38. Authorization of a sensing only balance between the benefits of using computational software
TVBD under the proof-of-performance increasing TV bands device employing the methodology in
standard also requires that a transmission range and the need to § 73.684(d) of the rules to ensure that
manufacturer submit a prototype device minimize the impact on licensed fixed devices comply with this
that will be tested by the Commission to services. Consistent with the requirement.
ensure that the device is capable of Commission’s stated approach in the 42. In reexamining this issue, the
operating without interference prior to Second Report and Order of taking a Commission also notes that the rules
certification. The decision on whether conservative approach in protecting currently do not indicate that fixed
to certify a sensing-only device will be authorized services, it finds the prudent device antenna heights must be
based on its performance, and in course of action is to maintain the provided to the database for use in
particular its ability to reliably detect previously adopted height limit. If, in determining available channels. It was
the presence of authorized the future, experience with TV bands clearly the Commission’s intent that
transmissions. If the Commission devices indicates that these devices fixed devices include their height when
querying the database because the TV bands devices or power spectral 48. The Commission retained the
available channels for fixed devices density (PSD) limits in the Second current 100 mW maximum transmitter
cannot be determined without this Report and Order. power limit for Mode I and Mode II
information. The Commission is 46. Decision. The Commission is not personal/portable devices and decline to
therefore modifying §§ 15.711(b)(3) and convinced by the petitions for establish a new class of higher power
15.713(f)(3) to indicate that fixed reconsideration that the power limits for vehicle mounted portable devices. As
devices must submit their antenna unlicensed TV bands can be increased the Commission noted in the Second
height above ground to the database. without also increasing the potential for Report and Order, personal/portable
43. The Commission continues to interference to authorized services and devices generally pose a greater risk of
decline to establish height limits for is therefore affirming the power limits harmful interference to authorized
personal/portable devices. As the for fixed and personal/portable devices operations than fixed devices because
Commission stated in the Second Report that it adopted in the Second Report these devices will change locations,
and Order, there is no practical way to and Order. In addition, the Commission making identification of both unused
enforce such limits, and such limits are does not find that the power level of TV TV frequencies and the devices
not necessary due to the different bands devices should be restricted to themselves, if interference occurs, more
technical and operational characteristics protect against direct pick-up complex and difficult. The Commission
of personal/portable devices. interference to cable and satellite TV also noted the significant distances at
services. The Commission does, which interference could occur from a
Power and Power Spectral Density
however, recognize the need to address personal/portable device operating at
Limits
power considerations in TV bands greater than 100 mW would make it
44. In the Second Report and Order, device signals that occupy less than the very difficult to identify a device that is
the Commission allowed fixed TV bands full bandwidth of a TV channel and is the source of interference. The
devices to operate with a peak therefore amending the rules to include Commission therefore declines to
transmitter output power of one watt power spectral density limits. increase the power limit for personal/
with a maximum antenna gain of 6 dBi, 47. The Commission declines to portable devices at this time.
and required that the transmitter power increase the 4 watt EIRP power limit for 49. Additionally, the Commission is
be reduced by the same amount in dB fixed devices and notes that it also retaining the 50 mW power limit for
that the maximum antenna gain exceeds considered and rejected a higher power sensing-only devices. The Commission
6 dBi. This allows unlicensed TV bands limit for fixed devices in the Second stated in the Second Report and Order
fixed devices to operate with the Report and Order. While the that the prototype TV bands devices it
equivalent of 4 watts EIRP. The Commission previously observed that tested were able to sense the presence
Commission found that 4 watts EIRP is there are advantages to higher power of signals from incumbent services
sufficient to allow fixed devices to levels for fixed devices, such as reduced under some conditions, but were unable
communicate at ranges that will serve infrastructure costs and increased to do so in others, such as in noisy
community and rural users while service range, it did not adopt a higher environments or in the presence of
minimizing the potential for power limit due to concerns about strong adjacent channel signals. It
interference to broadcast television and increased risk of interference in further stated that these factors made it
other authorized services in the TV congested areas and a lack of experience difficult to fully validate the
bands. Fixed TV bands devices were not with unlicensed wireless broadband performance of sensing technology and
permitted to operate adjacent to operations in the TV bands. The develop standards to ensure that devices
occupied TV channels, although the Commission also recognizes the relying on sensing alone would not
Commission decided to defer a final increased range provided by operation cause interference. While the
decision on this issue and to keep the at higher power levels would be Commission believed that these
record open pending the development particularly desirable for some problems could be solved and decided
of additional information demonstrating applications, including rural service and to permit sensing-only devices, it
that a reliable method can be developed mobile operations as suggested by decided to limit these devices to 50 mW
to allow adjacent channel operation Motorola. The Commission also rather than 100 mW as permitted for
while protecting authorized services. understands that there may be situations other personal/portable devices out of
45. The Commission allowed where radio communications facilities an abundance of caution with regard to
personal/portable TV bands devices to could operate at higher power in TV their interference potential. The
operate with a peak transmitter output white spaces without causing Commission finds that it provided an
power of 100 mW with a maximum interference. However, the Commission adequate rationale for the 50 mW power
antenna gain of 0 dBi, and required that continues to conclude that because the limit for sensing-only devices and
the transmitter power of such devices be extended range of such devices would declines to change the power limit for
reduced by the same amount in dB that significantly increase the potential for these devices at this time.
the maximum antenna gain exceeds interference and also make it more 50. The Commission also declines to
0 dBi. This allows personal/portable TV difficult to identify sources of reduce the maximum permitted power
bands devices to operate with an interference, it would not be appropriate for personal/portable devices that
equivalent of 100 mW EIRP. In cases to allow higher power for unlicensed TV operate adjacent to occupied TV
where a personal/portable device is bands devices at this time. Indeed, such channels. In the Second Report and
operating adjacent to an occupied TV operation would be more appropriate Order, the Commission recognized that
channel, the maximum permitted EIRP under a licensed regime of regulation. there is a potential for TV bands devices
is 40 mW. Personal/portable devices The Commission therefore affirms its to interfere with TV reception on
that rely on spectrum sensing without previous decision on fixed device power adjacent channels, but found that such
the use of geo-location and a TV bands levels, but could re-visit the issue of interference is unlikely to occur in the
device database may be authorized at a higher power levels for TV bands majority of situations if the power level
power level up to 50 mW EIRP. The devices on a licensed or unlicensed is kept low. As with any interference
Commission did not specify minimum basis at some point in the future as may analysis, certain assumptions were
bandwidth limits for transmissions by be appropriate. made concerning factors such as the
separation distance from the potential minimum bandwidth requirement could attenuation on a bandwidth ratio of
source of interference to the receive unnecessarily constrain the types of 6.0 megahertz/100 kHz or 17.8 dB.
antenna, the characteristics of the modulation that could be used with TV Thus, the Commission revised the
receiver, the type of transmit and bands devices and is not necessary required adjacent channel attenuation to
receive antennas and any intervening because the PSD limit has the same be 72.8 dB.
terrain or obstacles. The petitioners are effect of preventing high power levels in 54. The Commission declines to
essentially challenging the assumptions a TV channel. The Commission also reduce the required adjacent channel
the Commission used in its analysis in clarified that a device that operates attenuation as requested by Motorola
the Second Report and Order. We find across more than one 6 MHz TV channel and the Wi-Fi Alliance. Adjacent
that the Commission made reasonable is still subject to the maximum power channel emissions from a TV bands
assumptions and are upholding the limits in § 15.709(a)(1) and (a)(2) of the device appear as co-channel emissions
40 mW adjacent channel power limit. rules per channel—the allowable power in an adjacent channel used by a TV
Specifically, the Commission observes per channel does not increase with use station or other authorized service.
that interference to TV reception from a of additional bandwidth beyond 6 Personal/portable TV bands devices are
transmitter on adjacent channel would megahertz. permitted to operate within the
occur only when an adjacent channel protected contours of adjacent channel
Out of Band Emission (OOBE) Limits TV stations, and fixed TV bands devices
signal level is substantially greater than
the received TV signal level. Thus, 52. In the Second Report and Order, can operate as close as 0.1 kilometers
adjacent channel interference would be the Commission required that TV bands outside the contours of adjacent channel
most likely to occur in weak signal areas device emissions in channels adjacent stations and at significantly higher
where an outdoor rooftop antenna is to the occupied channel be attenuated at power than personal/portable TV bands
needed. In such situations, we find the least 55 dB below the highest average devices. For these reasons, the
Commission’s assumed separation power in the occupied channel. Commission finds it necessary to limit
distance of 16 meters from a TV bands Emission measurements in both the adjacent channel emissions to the extent
device to a rooftop TV antenna to be occupied channel and the adjacent practicable to prevent interference to
reasonable, as well as its assumption channels are to be made with a adjacent channel TV stations and other
that the receive antenna will have minimum resolution bandwidth of authorized services. The Commission
horizontal polarization while the TV 100 kHz and an average detector. declines to modify the adjacent channel
53. Decision. The Commission emissions limits for the VHF band as
bands device has vertical polarization
modified the rule for adjacent channel requested by Rudman/Erickson because
and that such a configuration will have
emissions to require that emissions be they failed to describe or provide a
a 3 dB polarization mismatch. measured relative to the total in-band justification for any specific changes to
51. The Commission agrees that a PSD power in a 6 megahertz bandwidth, the rules.
limit would help protect authorized rather than in a 100 kHz bandwidth.
services in the TV bands and is This change will address the concerns Direct Pickup Interference
therefore requiring that the conducted raised by petitioners that the measured 55. In the Second Report and Order,
output power of fixed and personal/ in-band power in a narrow bandwidth the Commission recognized the
portable TV bands devices comply with will vary depending upon the concerns of cable interests regarding the
PSD limits. In the absence of a PSD bandwidth of the transmitted signal. potential for direct pickup interference
limit, multiple devices with transmit The Commission will continue to and their position that power levels
bandwidths of significantly less than require that the adjacent channel should be limited to a lesser value. It
6 megahertz could share a single emissions be measured with a 100 kHz noted that FCC staff tests of three digital
channel, resulting in a total transmitted bandwidth, because a wider bandwidth cable ready receivers, and anecdotal
power within a channel significantly would not be able to resolve emissions tests performed by the FCC staff in the
greater than the power limits for fixed located just outside the channel of laboratory and field, indicated that there
or personal/portable devices. A PSD operation without being affected by the is some potential for direct pickup
limit will prohibit high power in-band power. The use of a 6 megahertz interference to cable service from TV
concentrations in a single channel, bandwidth for measuring the in-band bands devices. The Commission
which will reduce the interference power means that a higher reading will observed that this direct pickup
potential to TV stations and other be obtained as compared to using a interference occurred at relatively close
services in the TV bands. The 100 kHz bandwidth, because the wider distances within the user’s premises and
Commission bases the PSD limit on the bandwidth will capture all the energy in could be corrected by removing
maximum permissible conducted a channel rather than only a portion of consumer-installed splitters and wiring
output power spread across a transmit that energy. The 55 dB attenuation that that effectively reduce the shielding of
bandwidth of 6.0 megahertz, the full the Commission adopted for adjacent interfering signals as well as reduce the
bandwidth of a TV channel. The channel emissions was based on the desired signal levels available at the
resulting conducted PSD limits in a assumption that identical bandwidths user’s TV receiver. It also observed that
100 kilohertz bandwidth are 16.7 mW would be used to measure both in-band in the FCC staff tests when just a cable
(12.2 dBm) for fixed devices, 1.67 mW and adjacent channel power, so we converter box was used to connect
(2.2 dBm) for personal/portable devices, agree with IEEE that the currently directly to the TV receiver, interference
0.83 mW (¥0.8 dBm) for sensing-only required 55 dB attenuation should be declined dramatically and was virtually
personal/portable devices and 0.7 mW increased to reflect the increased in- non-existent on the digital tier of
(¥1.8 dBm) for personal/portable band measuring bandwidth while channels. The Commission further
devices operating adjacent to occupied providing the same level of adjacent observed in tests by the staff with a 10
channels. The Commission adopted channel protection. As noted, the meter separation between devices on
these PSD limits. The Commission Commission will assume the maximum separate sides of a wall, such as in a
declines, however, to adopt minimum transmit bandwidth used to be the full townhouse, interference did not occur at
bandwidth requirements as requested by 6 MHz channel. We will therefore base undesired signal levels below 100 mW
IEEE 802 and SBE. It finds that a the increase in adjacent channel for two receivers and slightly under 50
mW for a third. Based upon these discovered during its testing. entities to create and operate the TV
observations and the fact the TV bands Specifically, NCTA determined that the bands database(s) and, has invited
devices must incorporate transmit cables in a system are a significant interested parties to apply for selection
power control to limit their operating source of direct pickup and that low as database administrators. The
power to the minimum necessary for quality (inadequately shielded) cables database(s) will be a privately owned
successful communications, the and connectors can result in and operated service that unlicensed TV
Commission decided that the risk of substantially increased signal ingress. It bands devices must contact to obtain
direct pickup interference is not also determined that analog systems are information on channel availability at
sufficiently great to warrant a reduction significantly more sensitive to direct the locations where they are operated
in power that could impede the viability pickup interference than digital and, in the case of fixed devices, to
of certain TV bands device applications. systems. The Commission previously register their operation at those
56. Decision. The Commission considered these factors when it locations. In the case that multiple
declines to reduce the maximum established the power limits for TV database administrators are selected,
permissible power for personal/portable bands devices in the Second Report and each device must contact a database
devices or to impose power and Order. It notes that the NCTA tests service that the user or the manufacturer
separation limits for fixed devices as assumed a worst case scenario in which of the device selects. Database
requested by NCTA and DIRECTV. It the cable signal level to a home is at the administrators are permitted to charge
notes that direct pickup interference is minimum level required by the rules, fees for registering fixed devices and
different from interference that can be the TV bands device operates at the providing lists of available channels to
received at the antenna of licensed over- maximum power permitted by the rules fixed devices and personal/portable
the-air radio services such as broadcast and the maximum signal level is devices. A TV bands database will be
television, low power auxiliary services directed towards a TV receiver. In real required to contain information on: (1)
or the PLRMS/CMRS. Interference can world situations, the cable signal level All of the authorized services that
be caused to off-air reception of these may be greater than the minimum operate in the TV bands using fixed
services when an undesired signal on required, the TV bands device may transmitters with designated service
the same frequency as the transmitted operate at less than the maximum power areas, including full service and low
signal exceeds some threshold at a due to the requirement to incorporate power TV stations, (2) the service paths
receiver. By contrast, a cable system or transmit power control, and the of broadcast auxiliary point-to-point
satellite in-home wiring is a closed maximum TV bands device signal may facilities, (3) the geographic regions
system in which the operator is not not be directed toward a TV receiver, served by PLMRS/CMRS operations on
licensed to transmit on the frequencies depending on the antenna directivity channels 14–20, (4) regions served by
used. No signal is transmitted over-the- and orientation. These factors can have the Offshore Radiotelephone Service,
air in those applications; rather direct a greater impact on the potential for and (5) the locations of cable headends
pickup interference occurs when an direct pickup interference than the and low power TV receive sites that are
undesired signal leaks into some part of power reductions requested by NCTA. outside the protected contours of the TV
the otherwise closed system, such as the The Commission also notes that NCTA’s stations whose signals they receive. In
cable, connectors, set top box or TV set. testing showed that some TV receivers addition, a TV bands database will be
Thus, direct pickup interference results can withstand signals levels greater than required to contain the locations of
from a lack of immunity to undesired 100 mW without interference on digital registered sites where wireless
signals at some point(s) in the closed channels, even assuming minimum microphones and other low power
system of wiring and equipment. As cable signal input levels. The auxiliary devices are used on a regular
noted, the Commission has standards Commission further notes that NCTA or scheduled basis. The Commission did
for regarding the ability of analog cable did not perform any tests using a cable not establish any specific security
ready TV receivers to reject direct converter box, which the Commission’s requirements or protocols for
pickup interference. However, there are testing showed, and which NCTA communications between TV bands
no rules regarding the ability of other agrees, could further reduce the devices and the TV bands database.
components in a system to reject direct potential for direct pickup interference.
pickup interference, and selection of In any event, notwithstanding NCTA’s 59. The Commission required fixed
appropriate system components is the concerns for direct pickup interference and Mode II TV bands devices to re-
owner or cable/satellite TV operator’s and the possible mitigation of those check the database, at a minimum, on a
responsibility. In this regard, the concerns by elements in rules for TV daily basis to provide for timely
Commission generally does not believe bands devices, the Commission finds it protection of wireless microphones and
it is appropriate to protect the inappropriate to limit the utility of TV other new or modified licensed
operations of closed systems that use bands devices by limiting their power to facilities. If a device fails to make
radiofrequency (RF) signaling from protect cable installations with contact with its database on any given
interference from radio services and inadequately shielded wiring or TV day, it will be required to cease
operations that use the airways. In this receivers that do not comply with the operating at 11:59 p.m. on the following
regard, the Commission observes that Part 15 shielding requirements. day. Mode II devices are also required
the operators/users of such systems to re-establish their location coordinates
have full discretion to design their TV Bands Database and to access a TV bands database for
equipment to be immune to ambient RF 58. In the Second Report and Order, a list of available channels each time
energy transmitted by radio systems that the Commission required all fixed and they are activated or moved. The
use the airways. Mode II TV bands devices to access a Commission further required that, if
57. The Commission is not persuaded database to obtain information on the multiple database administrators are
that direct pickup interference is a available channels at their location and authorized, the database administrators
significant problem as NCTA states. Its required all unlicensed fixed TV bands are to cooperate to develop a
testing revealed many of the same devices to register their operations in standardized process for sharing data on
characteristics of direct pickup this database. The Commission stated a daily basis or more often, as
interference that the Commission’s staff that it will designate one or more appropriate, to ensure consistency in
the records of protected facilities. cases where a database would indicate that the data they receive is from an
Finally, the Commission required that a as available channels that are used by authorized source.
database administrator make its services authorized services. The Commission 63. The Commission will not require
available to all unlicensed TV bands will also specify that TV bands the use of specific technologies to meet
device users on a non-discriminatory databases must not provide lists of these requirements, as it believes that
basis. available channels to uncertified TV database administrators and device
bands devices for purposes of operation manufacturers are in the best position to
Security determine the appropriate methods to
(is acceptable for a TV bands database
60. Decision. On reconsideration, the to distribute lists of available channels ensure compliance. Rather, the
Commission found that it is important by means other than contact with Commission will require that
and necessary for TV bands devices and applications for certification of TV
TVBDs) in order to avoid facilitating the
TV bands databases to incorporate bands device include a high level
operation of unapproved and non-
reasonable and reliable security operational description of the
compliant devices. To facilitate these
measures to minimize the possibility technologies and measures that are
that TV bands devices will operate on restrictions, the Commission will
incorporated in the device to comply
occupied channels and cause require that database(s) verify that the
with the security requirements. In
interference to licensed services, and to FCC identification number (FCC ID)
addition, the Commission will require
protect the operation of the databases supplied by a fixed or personal/portable that applications for certification of
and the devices they serve from outside TV bands device is for a certified fixed and Mode II devices identify at
manipulation. While the Commission device. To implement this provision, least one of the designated TV bands
did not explicitly require the the Commission will also require that databases that the device will have the
incorporation of security measures in database administrators obtain a list of ability to access for channel availability
the Second Report and Order, it noted certified TVBDs from its Equipment information and affirm that the device
that virtually all online transactions Authorization System. will conform to the communications
involving financial or other confidential 62. The Commission will further security methods used by that database.
information currently use security require that communications between With regard to MSTV/NAB’s concerns
measures to protect against TV bands devices and databases be about the possible problems with
unauthorized viewing and/or alteration transmitted using secure methods to protocols developed after a database
of information being sent and to ensure prevent corruption or unauthorized administrator is selected, there is no
that only authorized users have access modification of data. This requirement practical way the Commission could
to information. The Commission includes communications of channel review a communication protocol in
therefore expects that device availability and other spectrum access advance to provide absolute assurance
manufacturers and database information between fixed and Mode II that there are no security flaws with it.
administrators will have access to and devices (it is not necessary for TVBDs to The Commission will, however, take all
be able to incorporate the reliability and apply security coding to channel reasonable steps in its examination of
security measures needed to protect the availability and channel access applications for certification to ensure
contents of databases and information that they simply pass that communications protocols are
communications between databases and through as such information will secure. In the event that flaws are
TV bands devices or other databases. already be protected by the sending discovered in a TVBD’s security
The Commission is concerned that if a measures, the Commission will take
device). The Commission will require
device uses channels provided through steps to ensure that those measures are
that when Mode I devices communicate
other than legitimate contact with a TV quickly corrected by device
with fixed or Mode II devices for
bands database or if a database manufacturers and database
purposes of obtaining a list of available
administrator does not include administrators or to withhold or
appropriate security to avoid serving channels, they are to use a secure
withdraw the authorization for
unauthorized devices or to prevent method that ensures against corruption
operation of any affected devices.
outside parties from altering its or unauthorized modification of the
processing system and data records, data. In addition, a fixed or Mode II Database Administrators
there could be interference device must check with its database that 64. Decision. The Commission will
consequences ranging from mild to the Mode I device has a valid FCC uphold its decision to allow the
severe. Identifier before providing a list of designation of multiple database
61. To achieve the necessary available channels. The Commission administrators and will rely on market
protection of databases and connections will also require that contact forces to shape the structure of the
between devices and databases verification signals transmitted for database administration functions and
regarding channel availability, the Mode I devices be encoded with service offerings, subject to the various
Commission will require that TV bands encryption to secure the identity of the requirements set forth in the rules.
devices and database systems employ transmitting device and that Mode I Under this approach, some providers
security measures follows. First, it will devices using such signals accept as may choose to provide a full panoply of
require that, for purposes of obtaining a valid for authorization only the signals services and others may choose to
list of available channels and related of the device from which they obtained provide only a repository function or
matters, fixed and Mode II TVBDs only their list of available channels. Finally, ‘‘look-up’’ service. As the Commission
be capable of contacting databases the Commission will require that stated in the Second Report and Order,
operated by administrators designated databases be protected from multiple database administrators could
by the Commission. This will prevent unauthorized data input or alteration of offer services on a competitive basis.
TV bands devices from obtaining stored data. In order to accomplish this This would prevent a single party from
channel lists from unauthorized goal, the database administrator is to obtaining monopoly control over the
databases which may be invalid or establish communications database, could provide an incentive for
inaccurate—the Commission is authentication procedures that allow the database operators to provide additional
particularly concerned about potential fixed or Mode II devices to be assured services beyond those required by the
rules and could result in lower costs to an advisory panel to oversee the personal/portable devices from
consumers. The Commission will database as requested by CWMU. It operating below channel 21, designating
permit the database functions, such as a finds that this approach is unnecessary two channels in each market from
data repository, registration and query given that the Commission has already among channels 14–51 where TV bands
services, to be split among multiple started the process for selecting the devices cannot operate, and prohibiting
entities. This approach will allow for database administrators, and it is fixed devices from operating adjacent to
competition between providers of concerned that disagreements between occupied TV bands channels. The
specific elements of the database panel members could potentially slow Commission finds that these measures
function and encourage the provision of the development of the database. Rather, will ensure that adequate spectrum is
enhanced services not specifically the Commission will expect entities available for licensed itinerant wireless
required by the rules. The Commission selected as a database administrator to microphone users in the vast majority of
recognizes Key Bridge’s concerns about cooperate in complying with the situations. In this context, the
creating a situation in which some requirements for database coordination. Commission also must consider that in
parties engaged in the process do not The Commission also declines to state a most locations many channels will be
have full competency in all aspects of preference for a non-profit organization available for wireless microphone use
database administration, but no parties to run the database, as there is no that are not available for TVBD use.
would be provide all the necessary evidence that a non-profit organization Those channels can be used by wireless
database functions. Therefore, the would administer a database better than microphones for unscheduled events.
Commission will require that entities a for-profit company. The Commission also observes that in
selected as database administrators will 67. In the Second Report and Order, the case of a major unplanned news
be held accountable for all aspects of the Commission stated that the database event, broadcasters already coordinate
database administration, including any manager or managers would be selected their use of frequencies for wireless
functions performed by third parties. by its Office of Engineering and microphones and that at a site can share
The nine proposals received in response Technology. Once the selection of a frequencies by avoiding operation of
to the Commission’s November 25, 2009 database manager or managers is wireless microphones at the same time.
public notice indicate that there are completed there will need to be The Commission therefore declines to
multiple parties seeking to be Commission oversight and management require more frequent database checks
designated as TV bands device database of the database administrator(s) and by TV bands devices which would
managers, some as full-service their functions. The Commission is substantially increase the amount of
operations and others as partial service delegating authority for this oversight to database traffic without significant
providers. The Commission is confident the Chief, Office of Engineering and benefit.
that market forces will result in the Technology under part 0 of the rules.
69. In re-affirming the daily re-check
necessary and appropriate mix of Re-Check Procedures requirement, the Commission also
database providers and third party
68. Decision. The Commission affirms observes that the rules currently do not
entities that perform some aspect of the
the current requirement that fixed and specify that a database provide the
database function.
65. The Commission disagrees with Mode II personal/portable TV bands TVBD with information on changes in
SBE that designating multiple database device check the database at least once channel availability that occur over the
administrators would complicate per day. The majority of entries in the course of the 24 hours before the next
equipment design or limit the database will be fixed services, such as re-check. For example, if a database
Commission’s ability to control TV stations, TV translator receive sites, were to provide a TVBD with only a list
unauthorized database operators. cable and satellite headends, fixed BAS of the channels that are available at 9
Manufacturers would only have to links, and the PLMRS/CMRS facilities. a.m. and there is a scheduled use of
design equipment to communicate with These fixed services change channels or wireless microphones on one or more of
a single database, although they could service areas infrequently, so we find those channels during the period 3 p.m.
design equipment to communicate with that requiring a daily database check by to midnight, the TVBD would not cease
multiple databases if they choose. TV bands devices is quite adequate to operating on the channels that became
Further, designating only a single protect these services. The concerns unavailable later in the day. It is the
database administrator would not expressed in the record about the need Commission’s intention that a database
prevent unscrupulous parties from to increase the frequency of database provide TVBDs with information on the
attempting to establish an unauthorized contact relate primarily to protecting full schedule of channel availability
and inaccurate database, as parties LPAS stations and wireless over the course of the 24 hour re-check
could attempt this whether the microphones in particular. Even in the period plus the additional period of up
Commission designates a single or case of wireless microphones, most to 24 hours that a device may continue
multiple database administrators. events for which users can register to operate if it is not able to contact its
Rather, the requirement to incorporate wireless microphones in the database database at the end of the re-check
security in communications between TV occur at fixed locations where the period. This is necessary to ensure that
bands devices and the databases will required registration information will be TVBDs to not cause interference to
thwart unauthorized database operators. known more than a day in advance. protected operations that use channels
66. The Commission recognizes that a Thus, the main concern appears to be during part of a 24 hour period.
complication of designating multiple how to protect licensed wireless Accordingly, the Commission is
database administrators is the need to microphones that are used in amending its rules to provide that (1) a
synchronize licensing and registration applications where the location and/or database must provide fixed and Mode
information between databases. channel are not known at least a day in II TVBDs with channel availability
However, the rules already require this, advance, such as electronic news information that includes scheduled
and no party has shown that it is gathering. As discussed, the changes in channel availability over the
impractical to share information Commission is taking steps to ensure course of the 48 hour period beginning
between TV bands device databases. that some channels remain available for at the time the TVBDs make a re-check
The Commission declines to establish wireless microphones by prohibiting contact and (2) fixed and Mode II
TVBDs must adjust their use of channels when they move to specify that such beyond the range where the data is
in accordance with channel availability devices must re-check only when they valid. Parties that incorporate the ability
schedule information provided by their are moved more than 100 meters from to load channel lists for multiple
database. the location at which they performed locations and operate within an area
70. As indicated, because they have their last re-check. This will avoid the bounded into a device must describe in
no geo-location capability to identify need for re-checking when a device is the application for certification how
their location, the Commission is moved very short distances that would they will ensure the device operates
requiring Mode I personal/portable have a de minimis impact on potential only on available channels within the
devices to either receive a signal to interference and reduce the burden of bounded area.
verify contact from the Mode II or fixed the re-check function on the database
Additional Service Features
device that provided its current list of and the Mode II TVBD.
71. The Commission will permit 73. Decision. Database administrators
available channels or contact a Mode II
database administrators and device may perform additional functions
or fixed device at least once per minute
manufacturers to develop a system to besides those required by the rules, such
to re-verify/re-establish channel
‘‘push’’ channel availability changes and as tracking active channel use if
availability. Under the new contact
other information to TV bands devices reported by the TV bands device, or
verification option, a ‘‘contact
if they choose. This capability could, for sending additional information to a TV
verification signal’’ will be an encoded
example, be used in the development of bands device to enable it to determine
identification signal that may be the ‘‘best’’ available channel to use. Such
standards that allow more efficient
broadcast by a fixed or Mode II device functions are not prohibited by the
sharing of TV spectrum by networks of
for reception by Mode I devices to rules, and the ability to add additional
TV bands devices. The Commission will
which the fixed or Mode II device has functionality could allow multiple
not require that databases or devices
provided a list of available channels for database operators to distinguish their
incorporate this capability. To guard
operation. Such signal will be for the services and could be useful in the
against the possibility that a device may
purpose of establishing that a Mode I development of industry standards to
miss updates pushed by the database
device is still within the reception range enable more efficient spectrum sharing.
and continue transmitting on a channel
of the fixed or Mode II device from However, in the interest of keeping the
that becomes unavailable, devices that
which it received a list of available rules simple and avoiding the
incorporate this capability must still
channels; reception of a contact function in the same manner as other imposition of unnecessary requirements
verification signal will be presumed to TV bands devices and validate their that could hamper innovation, the
verify that the list of available channels channel at least once per day and cease Commission declines to require TV
used by the Mode I device remains valid operation no later than 11:59 p.m. the bands devices to report additional
for purposes of the once per minute re- following day if they cannot validate the information to the database beyond
check requirement. The Commission operating channel. The operation of what the rules currently require. It also
expects that this feature will be such an information ‘‘push’’ system must declined to require the incorporation of
especially useful for improving be described in the application for different (and currently unspecified) TV
efficiency in cases where several Mode certification. Any other clearing of service area prediction models into the
I devices receive lists of available channels, such as marking particular database as requested by Motorola. The
channels from the same fixed or Mode channels as unavailable in the database, rules currently prohibit adjacent
II device. The Commission is not may only be done under authorization channel operations by fixed devices,
requiring that Mode II and fixed devices by the Commission. and there is insufficient record to
transmit contact verification signals in 72. The Commission also will permit change that requirement at this time.
support of Mode I devices they serve; Mode II personal/portable devices to
however, use of this option is strongly Database Information
load available channel information for
suggested. The Commission requires locations beyond their current position 74. Decision. The Commission will
that contact verification signals be and use that information in their require that all information that is
encoded to ensure that they originate operation. Mode II devices will be required by the Commission’s rules to
from the TV bands device that provided allowed to use such additional available be in a TV bands device database be
the list of available channels; the fixed channel information to define a publicly available, including fixed TV
or Mode II device transmitting a contact geographic area within which they bands device registration and
verification signal would need to could operate on the same available voluntarily submitted protected entity
provide a Mode I device it serves with channels at all locations. Allowing (e.g., cable head ends) information. The
decoding information at the time it channel lists to be stored for more than Commission will not require the public
makes an exchange contact with the a single location will allow for more disclosure of information that a database
Mode I device to provide a list of efficient operation of portable devices manager may collect to support
available channels. Mode I devices that by reducing the number of queries to the additional services, provided that this
receive contact verification signals will database and to support mobile information also is not required to be
still be required to re-check with a fixed operation. For example a Mode II TVBD provided by our rules. The Commission
of Mode II device at least once a day. In could calculate a bounded area in which notes that the registration of a protected
addition, Mode II devices will be a channel or channels are available at all entity in the database will preclude
required to re-check/reestablish contact locations within the area and operate on operation of TV bands devices on one or
to obtain a list of available channels if a mobile basis within that area. Mode II more channels over specific areas, and
they lose power. Collaterally, if a Mode TVBDs that use such an approach must that there is the possibility of errors in
II device loses power and obtains a new contact the database when they have the registration information. Although
channel list, it must signal all Mode I moved beyond the boundary of the area much of the data will come from
devices it is serving to acquire new where their channel availability data is Commission databases that already are
channel list. The Commission also valid, and must re-check the database at public sources, errors could result from
clarifies the requirement that Mode II least once each day like other Mode II the inadvertent entry of incorrect data,
devices re-check with their database devices even if they have not moved or as a result of a party deliberately
entering false data. The Commission station is providing service to viewers. require Mode II personal/portable
finds that it is appropriate to permit The Commission therefore clarifies that devices to register in the database,
public examination of protected entity a TV bands database is to include only because this would substantially
registration information to allow the TV station information from license or increase the number of registrations in
detection and correction of errors. It also license application records. Given that a the database, and each of these
finds that making fixed TV bands device license application implies a change registrations would have to be updated
registration information publicly that is to the station’s ongoing as device changes locations, thus
available could assist parties in locating operations, the Commission finds that substantially increasing the database
the source of any interference that in cases where a station has records for traffic. The Commission also sees no
occurs and contacting the device both a license application and a license, need for registration of these devices as
operator to correct it. With regard to Key a TV bands database should include the a means to help identify a source of
Bridge’s request concerning the information from the license application interference, as the interference range of
Commission’s requirement to provide or rather than the license. The Commission personal/portable devices is in general
delete information from the database, amended its rules to add these relatively short. In this regard, the
the Commission clarifies that this clarifications. Commission is correcting an error in
requirement applies only to the § 15.713(e)(4) of the rules which
Database Fees
information that the Commission incorrectly states that Mode II devices
requires to be placed in the database 77. Decision. The Commission must register on initialization. The
and not any other information that a declines to establish a particular fee Commission will not require devices to
database administrator collects beyond structure for database administrators. It provide coordinates accurate to
what the rules require. finds that database administrators are in ±/¥5 meters because that is a higher
75. The Commission declined to the best position to manage their costs degree of precision than necessary, and
require fixed TV bands device operators and fees. The Commission disagrees such accuracy may not be readily
to access and review the database prior with SBE that registering protected achievable by most devices.
to network deployment and to select a entities with the database will have a
channel that is not in use, because one significant impact on licensees or Use of TV Channels
of the general conditions of operation others. Many of the registrations will be TV Bands Devices, Wireless
for part 15 is that a party’s use of a for services at fixed locations such as Microphones and Low Power Auxiliary
particular frequency does not give it fixed BAS links or satellite, MVPD or Stations
rights over other parties to continued TV translator receive sites, and these
use of that frequency. In addition, a TV only need to be registered once, and in 79. In the Second Report and Order,
bands device may need to operate on the case of receive sites, only if they are the Commission prohibited fixed TV
more than one available channel and located outside the protected contour of bands devices from operating adjacent
may do so. However, the Commission the TV station being received. to occupied TV channels at this time,
will permit database administrators to Information for licensed services will although it deferred a final decision on
allow prospective operators of TV bands come from Commission databases. this issue and kept the record open
devices to query the database to verify Further, all such registrations are pending the development of additional
whether there are vacant channels at a voluntary, so a party may choose not to information demonstrating that a
site where they wish to operate, and register sites where it believes that reliable method can be developed to
operators of TV bands devices may use interference from TV bands devices is allow adjacent channel operation. The
information from the database to unlikely to occur. The Commission Commission decided to allow both fixed
voluntarily coordinate their channel modified § 15.714(a) to remove the and personal/portable unlicensed TV
usage to avoid conflicts. provision that database administrators bands devices to operate on channels
76. In reviewing the rules for the may charge to register temporary BAS 21–36 and 38–51. In addition, the
information to be included in a TV links. The Commission did not state in Commission allowed only fixed TV
bands database, the Commission the Second Report and Order that bands devices to operate on channels 2
observes that in the case of full power database administrators could charge for and 5–13 and on channels 14–20
TV, Class A TV, low power TV and TV registering temporary BAS links, and a outside of areas where PLMRS/CMRS
translator stations the Commission’s provision stating that they could was services operate. The Commission stated
Consolidated Broadcast Data Base inadvertently added to the rules. that allowing only fixed TV bands
System (CDBS) from which the TV devices to operate below channel 20
Other Database Issues would ensure that some channels
station database records will be
extracted in many cases includes 78. Decision. Fixed and Mode II TV remain available for use by wireless
multiple types of records for each bands devices are allowed to contact a microphones and eliminate the
station. For example, the database may database for a list of available channels possibility of interference from TV
include license, license application, through other TV bands devices, bands devices to public safety and other
special temporary authorization and provided they follow the rules and important communications operations
construction permit applications for the connect to an authorized database using in the PLMRS. While it believed that the
same station and may also include more the appropriate protocol, send their geo-location/database and Mode I
than one of each of these types of geographic coordinates and other operation provisions of the rules would
records for the same station. These required information and operate only provide a high degree of assurance that
multiple records can pose confusion in on channels that the database indicates PLMRS/CMRS, Offshore
administering a TV bands database with are available. The rules already permit Radiotelephone Service and other
respect to which records to extract for this practice but do not allow the authorized services on channels 14–20
the database. It is our intention that the formation of ‘‘chains’’ of devices that did are protected, the Commission chose a
records in a TV bands database only not access the database but merely pass- more conservative approach to protect
reflect stations that are serving viewers. on a list of available channels. the PLMRS/CMRS services from
In the CDBS, only records for licenses Therefore, no rule changes are necessary expected high numbers of nomadic
and license applications imply that a in this regard. The Commission will not personal/portable devices and affirmed
its decision from the First Report and These reservations will provide have the capability to tune over a wider
Order and Further Notice of Proposed channels to accommodate LPAS range of frequencies than the rules
Rule Making, 71 FR 66897, November operations that are not at fixed locations currently permit, but that incorporate
17, 2006, in this proceeding to prohibit that would have been protected under measures to limit operation to the
personal/portable devices from the spectrum sensing provisions we are frequency range over which the device
operating on channels 14–20. In eliminating. Such LPAS operations is certified. Manufacturers would
addition, in 13 major markets where include electronic news gathering and therefore not have to redesign their
certain channels between 14 and 20 are other temporary on-site applications, equipment if the Commission modifies
allocated for land mobile operations, the where the operating channels and the permitted operating frequency range
Commission designated two channels locations are not known sufficiently far and could modify their equipment
between 21 and 51—i.e., the first vacant in advance to register them in the certification through a streamlined
channels above and below channel 37— database. The Commission believes that procedure. The Commission also
where personal/portable TV bands the reservation of two channels observes that manufacturers are
devices could not operate, leaving those nationwide, along with the additional contemplating that devices that connect
two channels available for low power channels that will be available at the to CMRS services, mobile and personal/
auxiliary stations. vast majority of locations that cannot be portable devices, whole-home wireless
80. Decision. The Commission affirms used by TVBDs, will provide more than networks and other wireless data
its initial decision to prohibit fixed sufficient spectrum to accommodate the systems that will use TV white space
devices from operating on channels vast majority of wireless microphone spectrum will also include Wi-Fi and
adjacent to occupied TV channels. usage. This will allow protected Bluetooth communications
While Adaptrum and Motorola provided operation of a minimum of 12–16 technologies.
general information on possible ways wireless microphones and other LPAS
that fixed devices could operate Fixed Licensed Point-to-Point Backhaul
stations in a small geographic area. Use
adjacent to occupied TV channels, Further, the relatively low power of
neither party provided sufficiently these stations limits their operating 83. In the Second Report and Order,
detailed information on the technical range to about 100 meters, allowing the Commission decided that it would
requirements that would be necessary to each vacant TV channel to be used at not be practicable to authorize the use
allow adjacent channel operation many locations in a TV market. The of TV white spaces on a licensed basis.
without interference and still permit It concluded that the attributes
Commission notes that in many areas
operation of TVBDs. The Commission supporting successful use of licensing—
more than two channels will likely
also declines to change the designated spectrum rights that are clearly defined,
remain available for LPAS stations
channels where TV bands devices are exclusive, flexible and transferable—
because fixed TV bands devices are not
prohibited from operating and, in this would be difficult to accomplish in the
permitted to operate adjacent to
regard, it also affirms its decision to TV bands if the Commission were to
occupied TV channels and personal/
prohibit personal/portable devices from maintain its goal of not affecting the
portable devices are not permitted to
operating below channel 21. As the interference protection status of existing
operate below channel 21.
Commission noted in both the First services. The frequencies and amount of
Report and Order, 71 FR 66897, 82. Recently the Broadband Action unused TV bands spectrum will vary at
November 17, 2006, and Second Report Agenda announced an intention for the each location and could change as other
and Order, 74 FR 7314, February 17, Commission to initiate rule making primary users enter the band. Instead,
2009, there is some potential for proceedings to increase spectrum the Commission decided to allow low
interference to PLMRS/CMRS services efficiency and innovation in various power unlicensed devices to operate on
on channels 14–20 due to the nomadic frequency bands, including broadcast the TV white spaces at power levels no
nature of personal/portable devices, and TV spectrum. In addition, the greater than 4 watts EIRP. First, it was
it took a conservative approach to Commission has initiated a proceeding concerned that operation at higher
protect these services from interference to consider changes to the rules for power levels would increase the risk of
and prohibit operation of personal/ wireless microphones that operate in interference in congested areas and thus
portable devices on these channels. In the TV bands. If the Commission makes could make sharing spectrum between
addition, the Commission affirms the changes to the rules concerning the TV bands device users more difficult.
prohibition on personal/portable channels available for operation for TV Second, because the Commission did
devices on channels below 14 as well to and other authorized services, the not have experience with unlicensed
help ensure that unused channels channels available for use by unlicensed wireless broadband operations in the TV
remain available for wireless TV bands devices and wireless bands, it decided to take a cautious
microphones and other LPAS devices. microphones could change, and any TV approach in setting power limits to
81. The Commission is revising its bands device or wireless microphone minimize the risk of interference to
rules to reserve two channels that operates on a channel that is later authorized users of the TV bands.
nationwide where TV devices are not designated for another use would have 84. Decision. The Commission has
permitted to operate to ensure that some to cease operation on that channel. declined to set aside TV channels for
spectrum remains available for wireless Depending on the tuning range of the fixed licensed backhaul use as requested
microphones and other LPAS stations. TV bands device, particularly personal/ by FiberTower at this time. The
Reserving two channels nationwide will portable devices, or wireless Broadband Action Agenda recently
ensure that at least two channels remain microphone, these radios could have a indicated an intention that the
available for wireless microphones in all reduced operating range. The Commission initiate rule making
markets. These channels will be the first Commission recognizes that the proceedings to increase spectrum
channels on either side of channel 37 anticipated proceedings introduce some efficiency and innovation in various
that are unoccupied by broadcast uncertainty for manufacturers of TV frequency bands including the broadcast
television stations or, if no channels are bands devices and could delay their TV spectrum. The Commission intends
available on one side of channel 37, the deployment. To avoid this problem, to consider FiberTower’s requests for
first two channels nearest to channel 37. manufacturers can design devices that spectrum for fixed licensed backhaul to
support broadband services in the fixed TV bands devices that operate their operations in the database will be
broader context of these future with outdoor antennas at an EIRP of up timely and accurate.
proceedings in order to better ensure a to 4 watts ‘‘will be somewhat similar in
Transmitter IDs
comprehensive approach to wireless operation to low power TV stations,’’
rural backhaul in these bands. The and thus decided ‘‘in keeping with the 88. In the Second Report and Order,
Commission disagrees with low power broadcasting agreements the Commission required fixed TV
FiberTower’s contention that it should with Canada and Mexico’’ that TV bands bands devices to transmit identifying
not delay in addressing its request for devices must comply with the distance information to ensure that they can be
access to the TV bands because it would separations from the border specified in identified if interference occurs. It
be impossible for the Commission to the agreements. The Commission also required the identification signal to
authorize licensed uses after unlicensed applied the same distance restrictions conform to a standard established by a
devices occupy the TV bands. Both on the use of lower powered unlicensed recognized industry standards setting
fixed and personal/portable devices are personal/portable TV bands devices organization and stated that it expects
to rely on a TV bands device database within the border areas ‘‘to avoid any the identification signal to carry
as their primary method for determining uncertainty in administering the sufficient information to identify the
available channels. If the Commission agreements with Canada and Mexico.’’ device and its location.
makes changes to the rules concerning These border distance restrictions will 89. Decision. The Commission affirms
permissible channels of operation, be enforced for fixed devices and Mode its decision to require fixed TV bands
imposes geographic area restrictions or II personal/portable devices through the devices to transmit an identification
makes other changes to the technical use of their geo-location and database signal to identify the specific device and
access capabilities. Devices operating in its location. The Commission concluded
parameters for TV bands devices, these
previously that an identification signal
will be taken into account by the Mode I without a geo-location/database
will provide a useful means to help
database administrator in determining access capability will be prevented from
locate a specific device in the event that
available channels for TV bands operating in the border areas in that
it causes interference. Although it has
devices. Therefore, any TV bands device they will operate relatively close to an
not specified the type of information
that operates on a channel that is later associated base station (fixed or
that should be transmitted, it anticipates
designated for another use would cease personal/portable) that uses a geo-
that, because fixed devices also have to
operation on that channel after it location/database access capability that
register in the TV bands database, the
performs its daily database check and will keep it from operating in the border
transmitted identification information
the database indicates that the channel areas.
will be correlated, perhaps identical,
is no longer available for use. As the 87. Decision. The Commission with the database information to
Commission moves forward, it is modified the requirements for the facilitate the location of a specific
interested in pursuing the question of operation of TV bands devices in border device.
whether it can accommodate licensed areas with Canada and Mexico. The 90. The Commission recognizes the
rural backhaul in the white spaces Commission clarified that unlicensed concerns of Motorola and Adaptrum
within the UHF bands. Therefore, devices are not covered by the TV about possible delays in development of
Commission staff will evaluate this broadcast agreements with Canada and a standard for the identification signal.
possibility over the coming months, and Mexico, and thus it does not need to Although the rules require that the
will formulate and submit a negotiate changes to those agreements as signal conform to a standard established
recommendation on next steps to the stated in the Second Report and Order. by a ‘‘recognized industry standards
Commissioners by the end of 2010. The Commission historically applied setting organization,’’ the Commission
Other Issues these agreements to licensed operations does not specify beyond this general
which are well-defined and readily criterion the type of organization that
Canada/Mexico Border Areas identified under its rules and in its could develop such a standard, nor limit
85. The allotment and assignment of databases, characteristics which do not the number of organizations that might
TV channels in the border areas with apply to unlicensed devices. participate in the development of the
Canada and Mexico are subject to Nonetheless, because TV bands devices standard. If necessary, the Commission
agreements with each of those countries. will operate in the same frequency will work with industry groups to
Low power TV assignments within 32 bands and on the same channels as TV ensure development of a standard in a
kilometers (20 miles) of the Canadian stations in those countries as well as in timely fashion. Accordingly, the
border must be referred to the Canadian the U.S., albeit at lower power than Commission anticipates that the
authorities for approval. In addition, licensed stations, the Commission is development of a standard, at worst,
low power UHF TV stations that are sensitive to the need to avoid causing will result in relatively little delay in
located less than 40 kilometers (25 interference to TV broadcast operations the entry into the market of new TV
miles) from the Mexican border, and in Canada and Mexico. The Commission bands devices. This slight potential
low power VHF TV stations that are less finds merit in Tribal Digital Village’s downside is more than outweighed by
than 60 kilometers (37 miles) from the suggested option to protect Canadian the benefits of standardizing the
Mexican border, must be referred to the and Mexican stations in the border areas delivery of the identification
Mexican government for approval. by including information on the information.
86. In the Second Report and Order, Canadian and Mexican stations in the 91. Adaptrum is mistaken in asserting
the Commission decided that fixed TV TV bands database as protected services that the Commission’s reliance on a
bands devices should not be permitted within those countries. The Commission non-governmental group for developing
to operate within the border areas will do so, thereby ensuring that a standard for the identification signal
specified in the Canadian and Mexican stations in those countries will be constitutes an improper delegation of
agreements until it has an opportunity protected to the same level as stations authority. The Commission established
‘‘to negotiate any necessary changes to in the U.S. The Commission will minimum requirements for the
those agreements with Canada and discuss its decision with Canada and identification information in the Second
Mexico.’’ The Commission stated that Mexico to ensure that information on Report and Order, and it retained
authority to determine whether fixed TV expected to be capable of ascertaining approximately 19 miles by 22.5 miles,
bands device operators comply with this the geographic coordinates of a site and but because the observatory is in a
requirement. The referral to an industry entering them into the device for generally unpopulated area, this change
standards-setting organization in the communication to a database. The task will affect few potential users of TV
Second Report and Order of the task to of ascertaining geographic coordinates bands devices.
develop a standard for the identification and entering them into a device is not
signal only involves issues related to the particularly difficult or complex and the Other Rule Clarifications
details of the identifying information to Commission therefore does not believe 97. Upon review of the rules adopted
be transmitted, such as format. To the it is necessary to define the in the Second Report and Order, the
extent the standard fails to facilitate the qualifications of a professional installer Commission discovered a number of
intended use of the identification in the rules. In this context, the minor inconsistencies between the text
information that the device operators Commission finds it adequate to simply of the Second Report and Order and the
are required to provide, the Commission provide that a professional installer may rules. In addition, it noted a number of
can easily address this failing by be responsible for assuring the accuracy cases where it believes it is appropriate
revisiting the sufficiency of the device of the entered coordinates. Further, the to clarify the rules, consistent with the
operators’ compliance with the rules already recognize professional Second Report and Order. Because these
underlying identification requirements installation for certain categories of part changes are not substantive, the
and the framework for ensuring such 15 transmitters, and if professional Commission may make them on its own
compliance. Under these circumstances, installation is deemed appropriate for a motion without prior notice and
the Commission’s instruction that the device, the grant of certification is comment. A summary of the changes is
device operators conform their conditioned accordingly. provided as follows.
identification signals to an industry
Section 301 Licensing • Changes to definitions:
standard established by a non- Æ The Commission is correcting an
governmental standards-setting group 95. Decision. The Commission erroneous cross-reference in the
does not come close to crossing the line considered and rejected SBE’s definition of available channel and
drawn by the courts against improper contention that the rules adopted in the removing text that is not necessary as
delegations of agency authority. Second Report and Order do not part of this definition; it is also
92. The Commission declines to provide adequate protection against clarifying the definition of a television
require that personal/portable devices interference. Accordingly, the channel.
operating in Mode I transmit an Commission need not address SBE’s
Æ The Commission is removing the
identification signal. Personal/portable assertion that section 301 of the Act
specific definitions of client mode,
devices operate at lower power than requires licensing in this case. In
client device, master mode and master
fixed devices and have a lower addition, it declines to modify the rules
device and revising the text of other
interference potential so there is less to provide a private right of action if
portions of the TV white space rules to
need for them to transmit identification interference occurs. The Commission’s
reflect these changes.
information. Also, a personal/portable statutory authority and its rules provide
for a range of enforcement actions that Æ The Commission is incorporating
device operating in Mode I will not
could be relied upon to eliminate and the concepts of master and client in the
‘‘know,’’ and therefore cannot transmit,
prevent interference. definitions of fixed, Mode I and Mode
its geographic coordinates, making an
II personal/portable devices.
identification signal from such a device Radio Astronomy Æ The Commission is indicating
significantly less useful.
96. In the Second Report and Order, that a TV receive site may be used to
Professional Installation the Commission prohibited both fixed provide signals to a Multiple Video
93. The geographic coordinates of a and personal/portable TV bands devices Program Distributor (MVPD) and
fixed TV bands device are to be from operating on any channel within making minor wording edits to the
determined by either an incorporated 2.4 kilometers (1.5 miles) of certain definition of receive site.
geo-location capability or a professional radio astronomy receive sites, including Æ The Commission is indicating in
installer. In the case of professional the Very Large Array (VLA) observatory the definition of TV bands devices that
installation, the party who registers the located approximately 50 miles west of they operate on an unlicensed basis.
device in the database will be Socorro, New Mexico. This observatory Æ The Commission is indicating
responsible for assuring the accuracy of consists of 27 moveable antennas laid that TV bands device databases used by
the entered coordinates. out in a Y-shaped configuration. The TV bands devices to obtain lists of
94. Decision. The Commission sees no Commission’s rules list the coordinates available channels must be authorized
need to modify the rules concerning the of the center of the array, but each by the Commission.
requirements for professional segment of the array is 13 miles long, so • Clarifications of the requirements
installation. The rules provide the protection zone of 2.4 kilometers for Mode I TV bands devices.
professional installation as an around the center point does not Æ The Commission is specifying
alternative to including a geo-location encompass large portions of the array. that the list of channels provided to a
capability in the devices, and the The National Telecommunications and Mode I device must be the same as the
intended purpose is to ensure that the Information Administration (NTIA) list of channels that are available to the
geographic coordinates are correctly requested that the Commission change fixed or Mode II device that provides
ascertained. The Commission generally the protected coordinates from a single the list.
intended that a ‘‘professional installer’’ point to a rectangular area that Æ The Commission is clarifying that
mean an entity consisting of an encompasses the entire VLA. To ensure a Mode I device may operate only on
individual or team of individuals with that this facility is protected from channels that are permissible for its use,
experience in installing radio interference from TV bands devices, the even if there are available channels
communications equipment and that Commission is adopting the change outside the permitted range for Mode I
provides service on a fee basis—such an requested by NTIA. The rectangular area devices, e.g., channels below 21, where
individual or team can generally be recommended by NTIA is only fixed devices may operate.
Æ The Commission is clarifying that A. Need for, and Objectives of, the businesses and consumers and will
a fixed device or a Mode II device has Second Memorandum Opinion and promote more efficient spectrum use.
the option to provide a supplemental Order The technology that enables access to
list of available channels to Mode I 100. This Second Memorandum TV white spaces will also serve as a
devices (i.e., a list of available channels Opinion and Order responds to foundation for a model that can be
in addition to the list of channels seventeen petitions for reconsideration extended to provide opportunistic
available to the fixed or Mode II device) that were filed in response to the access to other spectrum bands.
that includes channels that are adjacent Second Report and Order and B. Summary of Significant Issues Raised
occupied TV channels and therefore not Memorandum Opinion and Order by Public Comments in Response to the
available to the fixed or Mode II device. (Second Report and Order) in this IRFA
proceeding.5 It upholds the majority of
Final Paperwork Reduction Act of 1995 102. Richard A. Rudman and Dane E.
the Commission’s prior decisions
Analysis Ericksen (Rudman/Ericksen) argue that
permitting unlicensed broadband
the Final Regulatory Flexibility Analysis
operations in the TV bands and also
98. The Second Memorandum (FRFA) in the Second Report and Order
makes other minor changes and
Opinion and Order contains new or is deficient because it did not address
refinements to the rules for TV bands
modified information collections subject certain burdens on industry.6
devices. The Commission believes that
to the Paperwork Reduction Act of 1995 Specifically, they argue that the FRFA
these changes and clarifications to the
(PRA) and will be submitted to the failed to consider the burden of every
rules will better ensure that licensed
Office of Management and Budget one of the 6,635 cable television systems
services are protected from interference
(OMB) for review under section 3507(d) in the United States having to register
while retaining flexibility for unlicensed
of the PRA, Public Law 104–13. A with the TV bands device database to
devices to share spectrum with new
modification is required to the Form 731 protect the multiple TV receivers
services or to change frequencies if TV
typically installed at a cable headend.
(OMB 3060–0057). OMB, the general spectrum is reallocated for other
Rudman/Ericksen state that because the
public, and other Federal agencies are purposes.
101. In the Second Memorandum rules permit the registration of receive
invited to comment on the new or sites only if they are outside the
modified information collection Opinion and Order, the Commission is
taking steps to provide access to unused protected contour of the station being
requirements contained in this received, and only at distances up to 80
proceeding. In addition, we note that TV spectrum that will fuel innovation
and investment in new unlicensed km from the protected contour, a cable
pursuant to the Small Business system operator will have to calculate
Paperwork Relief Act of 2002, Public wireless technologies, much as Wi-Fi
and Bluetooth have changed the the contour for each station being
Law 107–198, see 44 U.S.C. 3506(c)(4), received to determine if the receive site
landscape of communications in recent
we previously sought specific comment is eligible for registration. They state
years. It is resolving on reconsideration
on how the Commission might further that there are 8,126 cable headends in
certain legal and technical issues in
reduce the information collection order to provide certainty concerning the United States, and that if each
burden for small business concerns with the rules for operation of unlicensed headend receives ten stations, then over
fewer than 25 employees. transmitting devices in the television 80,000 contour calculations must be
broadcast frequency bands (unlicensed performed. Similarly, Rudman/Ericksen
Final Regulatory Flexibility Analysis argue that thousands of TV translator
TV bands devices, or TVBDs). The steps
being taken will make a significant licensees will have to perform contour
99. As required by the Regulatory
amount of currently unused spectrum calculations to determine whether their
Flexibility Act (RFA),1 an Initial
with very desirable propagation receive sites are at locations that are
Regulatory Flexibility Analysis (IRFA) eligible for registration in the TV bands
was incorporated in the Notice of characteristics available for new and
innovative products and services, device database.
Proposed Rule Making (NPRM) in ET 103. The Commission disagrees with
Docket No. 04–186,2 69 FR 34103, June particularly broadband data and other
Rudman/Ericksen that voluntary
18, 2004, and an additional IRFA was services for businesses and consumers.
registration of receive sites for cable
incorporated in the First Report and Resolution of these issues will allow
headends and TV translators poses a
Order and Further Notice of Proposed manufacturers to begin marketing
significant burden. As the Commission
unlicensed communications devices
Rule Making (Further NPRM) in ET noted in the Second Report and Order,
and systems that operate on frequencies
Docket No. 04–186,3 71 FR 66897, the receive sites that may be registered
in the TV bands in areas where they are
November 17, 2006. The Commission in the TV bands device database are
not used by licensed services (TV white
sought written public comment on the located in areas where TV services are
spaces). The opening of these bands for
proposals in the NPRM and in the normally not protected, but the
unlicensed use, which represents the
Further NPRM, including comment on Commission decided to provide parties
first significant increase in unlicensed
the IRFAs. No comments were received the option of registering sites if they
spectrum below 5 GHz in over 20 years,
in response to either IRFA. This Final will spur manufacturers to develop new choose to minimize the potential for
Regulatory Flexibility Analysis (FRFA) radio technologies that will have wide interference from TV bands devices.
conforms to the RFA.4 ranging applicability for spectrum However, there is no requirement to
sharing in many frequency bands, will register a site. Further, operators of
cable systems or other multi-channel
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– have significant benefits for both
612, has been amended by the Small Business
video programming distributors
Regulatory Enforcement Fairness Act of 1996 5 We are addressing seventeen petitions for (MVPDs) typically already have
(SBREFA), Public Law 104–121, Title II, 110 Stat. reconsideration that were filed in response to the information on the location of the
857 (1996). Second Report and Order and Memorandum protected contours of TV stations in
Opinion and Order (Second Report and Order) in
2 NPRM, 19 FCC Rcd at 10018.
this proceeding. See Second Report and Order and
their service areas, so they can quickly
3 Further NPRM, 21 FCC Rcd at 12299.
Memorandum Opinion and Order in ET Docket
4 See 5 U.S.C. 604. Nos. 02–380 and 04–186, 23 FCC Rcd 16807 (2008). 6 See Rudman/Ericksen petition at 7.
determine whether a particular receive and television studio and broadcasting for the entire year.19 Of this total, 804
site is eligible for registration. Even if equipment.’’ 12 The SBA has developed firms had employment of 999 or fewer
the operator of a receive site does not a small business size standard for Radio employees, and three firms had
know its location with respect to the and Television Broadcasting and employment of 1,000 employees or
protected contour of the station being Wireless Communications Equipment more.20 For the category of Cellular and
received, such information can be Manufacturing, which is: all such firms Other Wireless Telecommunications,
readily obtained. The Commission notes having 750 or fewer employees.13 data for 2002 show that there were 1,397
that it received petitions for According to Census Bureau data for firms that operated for the entire year.21
reconsideration from the cable and TV 2002, there were a total of 1,041 Of this total, 1,378 firms had
translator industries and two MVPDs, establishments in this category that employment of 999 or fewer employees,
and none of these parties claimed that operated for the entire year.14 Of this and 19 firms had employment of 1,000
registration of receive sites is unduly total, 1,010 had employment of under employees or more.22 Thus, we estimate
burdensome as Rudman/Ericksen 500, and an additional 13 had that the majority of wireless firms are
allege.7 employment of 500 to 999.15 Thus, small.
under this size standard, the majority of
C. Description and Estimate of the
firms can be considered small. D. Description of Projected Reporting,
Number of Small Entities To Which 106. Wireless Telecommunications Recordkeeping, and Other Compliance
Rules Will Apply Carriers (except Satellite). Since 2007, Requirements
104. The RFA directs agencies to the Census Bureau has placed wireless
provide a description of, and, where firms within this new, broad, economic 107. TV bands devices are required to
feasible, an estimate of, the number of census category.16 Prior to that time, be authorized under the Commission’s
small entities that may be affected by such firms were within the now- certification procedure as a prerequisite
the rules adopted herein.8 The RFA superseded categories of ‘‘Paging’’ and to marketing and importation, and the
generally defines the term ‘‘small entity’’ ‘‘Cellular and Other Wireless Second Memorandum Opinion and
as having the same meaning as the terms Telecommunications.’’ 17 Under the Order makes no change to that
‘‘small business,’’ ‘‘small organization,’’ present and prior categories, the SBA requirement. However, it makes certain
and ‘‘small governmental jurisdiction.’’ 9 has deemed a wireless business to be changes to the technical requirements
In addition, the term ‘‘small business’’ small if it has 1,500 or fewer for TV bands devices, which are
has the same meaning as the term ‘‘small employees.18 Because Census Bureau discussed below. In addition, the
business concern’’ under the Small data are not yet available for the new Second Memorandum Opinion and
Business Act.10 A ‘‘small business category, we will estimate small Order makes certain changes to the
concern’’ is one which: (1) Is business prevalence using the prior requirements for TV bands device
independently owned and operated; (2) categories and associated data. For the databases, which are also discussed.
is not dominant in its field of operation; category of Paging, data for 2002 show
and (3) satisfies any additional criteria that there were 807 firms that operated E. Steps Taken To Minimize Significant
established by the Small Business Economic Impact on Small Entities, and
Administration (SBA).11 12 U.S. Census Bureau, 2002 NAICS Definitions, Significant Alternatives Considered
105. Radio and Television ‘‘334220 Radio and Television Broadcasting and
Broadcasting and Wireless Wireless Communications Equipment 108. The RFA requires an agency to
Manufacturing’’; http://www.census.gov/epcd/ describe any significant alternatives that
Communications Equipment naics02/def/NDEF334.HTM#N3342.
Manufacturing. The Census Bureau 13 13 CFR 121.201, NAICS code 334220.
it has considered in developing its
defines this category as follows: ‘‘This 14 U.S. Census Bureau, American FactFinder, approach, which may include the
industry comprises establishments 2002 Economic Census, Industry Series, Industry following four alternatives (among
primarily engaged in manufacturing Statistics by Employment Size, NAICS code 334220 others): ‘‘(1) The establishment of
(released May 26, 2005); http:// differing compliance or reporting
radio and television broadcast and factfinder.census.gov. The number of
wireless communications equipment. ‘‘establishments’’ is a less helpful indicator of small requirements or timetables that take into
Examples of products made by these business prevalence in this context than would be account the resources available to small
establishments are: transmitting and the number of ‘‘firms’’ or ‘‘companies,’’ because the entities; (2) the clarification,
latter take into account the concept of common
receiving antennas, cable television ownership or control. Any single physical location
consolidation, or simplification of
equipment, GPS equipment, pagers, for an entity is an establishment, even though that compliance and reporting requirements
cellular phones, mobile location may be owned by a different establishment. under the rule for such small entities;
Thus, the numbers given may reflect inflated (3) the use of performance rather than
communications equipment, and radio numbers of businesses in this category, including
the numbers of small businesses. In this category,
design standards; and (4) an exemption
7 See petitions of the National Cable and the Census breaks-out data for firms or companies
Telecommunications Association (March 19, 2009), only to give the total number of such entities for 19 U.S. Census Bureau, 2002 Economic Census,
Community Broadcasters Association (March 19, 2002, which was 929. Subject Series: Information, ‘‘Establishment and
2009) and DirecTV and Dish Network (March 19, 15 Id. An additional 18 establishments had Firm Size (Including Legal Form of Organization,’’
2009). employment of 1,000 or more. Table 5, NAICS code 517211 (issued Nov. 2005).
8 5 U.S.C. 604(a)(3). 16 U.S. Census Bureau, 2007 NAICS Definitions, 20 Id. The census data do not provide a more
9 5 U.S.C. 601(6). ‘‘517210 Wireless Telecommunications Categories precise estimate of the number of firms that have
10 5 U.S.C. 601(3) (incorporating by reference the (Except Satellite)’’; http://www.census.gov/naics/ employment of 1,500 or fewer employees; the
definition of ‘‘small-business concern’’ in the Small 2007/def/ND517210.HTM#N517210. largest category provided is for firms with ‘‘1000
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 17 U.S. Census Bureau, 2002 NAICS Definitions, employees or more.’’
601(3), the statutory definition of a small business ‘‘517211 Paging’’; http://www.census.gov/epcd/ 21 U.S. Census Bureau, 2002 Economic Census,
applies ‘‘unless an agency, after consultation with naics02/def/NDEF517.HTM.; U.S. Census Bureau, Subject Series: Information, ‘‘Establishment and
the Office of Advocacy of the Small Business 2002 NAICS Definitions, ‘‘517212 Cellular and Firm Size (Including Legal Form of Organization,’’
Administration and after opportunity for public Other Wireless Telecommunications’’; http://www. Table 5, NAICS code 517212 (issued Nov. 2005).
comment, establishes one or more definitions of census.gov/epcd/naics02/def/NDEF517.HTM. 22 Id. The census data do not provide a more
such term which are appropriate to the activities of 18 13 CFR 121.201, NAICS code 517210 (2007 precise estimate of the number of firms that have
the agency and publishes such definition(s) in the NAICS). The now-superseded, pre-2007 CFR employment of 1,500 or fewer employees; the
Federal Register.’’ citations were 13 CFR 121.201, NAICS codes largest category provided is for firms with ‘‘1000
11 15 U.S.C. 632. 517211 and 517212 (referring to the 2002 NAICS). employees or more.’’
from coverage of the rule, or any part important and necessary for TV bands 113. The Commission also removed
thereof, for such small entities.’’ 23 devices and TV bands databases to the prohibition on TV bands devices
109. The Second Memorandum incorporate reasonable and reliable operating within the border areas near
Opinion and Order generally upholds security measures to minimize the Canada and Mexico. It found that TV
the rules adopted in the Second Report possibility that TV bands devices will stations in Canada and Mexico could be
and Order. However, the Commission operate on occupied channels and cause protected by including them in the TV
agreed with petitioners with regard to a interference to licensed services and to bands device database rather than by a
number of the requested changes to the protect the operation of the databases blanket exclusion on TV bands device
rules and modified and clarified the and the devices they serve from outside operation within the border areas.
rules as appropriate in granting those manipulation. The Commission noted
requests. It believed those changes and F. Report to Congress
that virtually all online transactions
clarifications will provide for improved involving financial or other confidential 114. The Commission will send a
protection of licensed services in the TV information currently use security copy of the Second Memorandum
bands, resolve certain uncertainties in measures to protect against Opinion and Order, including this
the rules and provide manufacturers unauthorized viewing and/or alteration FRFA, in a report to be sent to Congress
with greater flexibility in designing of information being sent and to ensure and the Government Accountability
products to meet market demands. that only authorized users have access Office pursuant to the Congressional
110. The Commission eliminated the to information. It therefore expects that Review Act.24 A copy of the Second
requirement for TV bands devices that device manufacturers and database Memorandum Opinion and Order and
rely on geo-location and database access administrators will have access to and FRFA (or summaries thereof) will also
to sense analog and digital TV signals be able to incorporate the reliability and be published in the Federal Register.25
and also wireless microphones and security measures needed to protect the
other low power auxiliary stations. In Ordering Clauses
contents of databases and
reaching this decision, it considered the communications between databases and 115. Pursuant to the authority
competing views from various parties TV bands devices or other databases. In contained in sections 4(i), 302, 303(e),
on whether spectrum sensing is a viable addition, the Commission required that 303(f), and 307 of the Communications
tool for providing access to spectrum. all information that is required by the Act of 1934, as amended, 47 U.S.C.
The Commission believes that spectrum Commission’s rules to be in a TV bands 154(i), 302, 303(c), 303(f), and 307 this
sensing will continue to develop and device database be publicly available, Second Memorandum Opinion and
improve and anticipates that some form including fixed TV bands device Order is hereby adopted.
of spectrum sensing may very well be registration and voluntarily submitted 116. Pursuant to sections 4(i), 302,
included in TVBDs on a voluntary basis protected entity (e.g., cable head ends) 303(e), 303(f), 303(g), 303(r) and 405 of
for purposes such as determining the the Communications Act of 1934, as
information. Although much of the data
quality of each channel and enhancing amended, 47 U.S.C. 154(i), 302, 303(e),
will come from Commission databases
spectrum sharing among TVBDs. 303(f), 303(g), 303(r) and 405, the
that already are public sources, errors
However, the Commission did not petitions for reconsideration addressed
could result from the inadvertent entry
believe that a mandatory spectrum are granted to the extent discussed and
of incorrect data, or as a result of a party
sensing requirement best serves the the remainder of requests in the
deliberately entering false data. The
public interest. It found that the geo- petitions for reconsideration are denied
Commission found it is appropriate to
location and database access method as discussed.
permit public examination of protected
and other provisions of the rules will 117. Part 15 of the Commission’s rules
entity registration information to allow
provide adequate and reliable protection is amended as specified in Appendix B,
for television and low power broadcast the detection and correction of errors.
and such rule amendments shall be
auxiliary services, so that spectrum 112. The Commission made certain effective January 5, 2011 except for
sensing is not necessary. These other changes to the technical requirements §§ 15.713, 15.714, 15.715 and 15.717,
rule provisions include: (1) Reserving for TV bands devices. It adopted a which contains information collection
two vacant UHF channels for wireless power spectral density (PSD) limit, requirements that require approval by
microphones and other low power which is a measure of transmitter power the Office of Management and Budget
auxiliary service devices in all areas of per unit of bandwidth. In the absence of (OMB) under the PRA. The Federal
the country, and (2) allowing operators a PSD limit, multiple devices with Communications Commission will
of the venues of large events and transmit bandwidths of significantly publish a document in the Federal
productions/shows that use large less than the width of a TV channel (6 Register announcing such approval and
numbers of wireless microphones on an megahertz) could share a single channel, the relevant effective date.
unlicensed basis to register the sites of resulting in a total transmitted power 118. Pursuant to sections 4(i), 302,
those venues with the Commission to within a channel significantly greater 303(e), 303(f), 303(g), 303(r) and 405 of
receive the same geographic spacing than the power limits for fixed or the Communications Act of 1934, as
protections afforded licensed wireless personal/portable devices. A PSD limit amended, 47 U.S.C. 154(i), 302, 303(e),
microphones. will prohibit high power concentrations 303(f), 303(g), 303(r) and 405, the
111. The Commission also adopted in a single channel, which will reduce remainder of requests in the petitions
changes to the requirements for the the interference potential to TV stations for reconsideration addressed herein are
databases that TV bands devices must and other services in the TV bands. The denied.
contact to contain lists of available Commission also adopted changes to the 119. The Commission’s Consumer and
channels. Specifically, it required that measurement procedure for TV bands Governmental Affairs Bureau, Reference
communications between TV bands device emissions that fall into a TV Information Center, shall send a copy of
devices and TV bands databases, and channel adjacent to the operating the Second Memorandum Opinion and
between multiple databases, are secure. channel to ensure that consistent Order, including the Final Regulatory
The Commission found that it is measurement results are obtained
regardless of the bandwidth of the 24 See 5 U.S.C. 801(a)(1)(A).
23 5 U.S.C. 603(c)(1) through (c)(4). transmitted signal. 25 See 5 U.S.C. 604(b).
Flexibility Analysis, to the Chief ■ 3. Section 0.331 is amended by Mode I device is still within the
Counsel for Advocacy of the U.S. Small revising the introductory text and reception range of the fixed or Mode II
Business Administration. adding new paragraph (e) to read as device for purposes of validating the list
follows: of available channels used by the Mode
List of Subjects
I device and shall be encoded to ensure
§ 0.331 Authority delegated. that the signal originates from the
47 CFR Part 0
The Chief, Wireless device that provided the list of available
Organization and functions Telecommunications Bureau, is hereby channels. A Mode I device may respond
(government agencies), Reporting and delegated authority to perform all only to a contact verification signal from
recordkeeping requirements. functions of the Bureau, described in the fixed or Mode II device that
47 CFR Part 15 § 0.131, subject to the exceptions and provided the list of available channels
limitations in paragraphs (a) through (d) on which it operates. A fixed or Mode
Communications equipment. of this section, and also the functions II device shall provide the information
Federal Communications Commission. described in paragraph (e) of this needed by a Mode I device to decode
Marlene H. Dortch, section. the contact verification signal at the
Secretary. * * * * * same time it provides the list of
(e) The Chief of the Wireless available channels.
Final Rules Telecommunications Bureau is (c) Fixed device. A TVBD that
■ For the reasons discussed in the delegated authority jointly with the transmits and/or receives
preamble, the Federal Communications Chief of the Office of Engineering and radiocommunication signals at a
Commission amends 47 CFR parts 0 and Technology to administer provisions of specified fixed location. A fixed TVBD
15 to read as follows: § 15.713(h)(8) of this chapter pertaining may select channels for operation itself
to the registration of event sites where from a list of available channels
PART 0—COMMISSION large numbers of wireless microphones provided by a TV bands database,
ORGANIZATION that operate on frequencies specified in initiate and operate a network by
§ 74.802 of this chapter are used. sending enabling signals to one or more
■ 1. The authority citation for part 0 fixed TVBDs and/or personal/portable
continues to read as follows: PART 15—RADIO FREQUENCY TVBDs. Fixed devices may provide to a
Authority: Sec. 5, 48 Stat. 1068, as DEVICES Mode I personal/portable device a list of
amended; 47 U.S.C. 155, 225, unless available channels on which the Mode
otherwise noted.
■ 4. The authority citation for part 15 I device may operate under the rules,
continues to read as follows: including available channels above 512
■ 2. Section 0.241 is amended by Authority: 47 U.S.C. 154, 302a, 303, 304, MHz (above TV channel 20) on which
redesignating paragraph (h) as 307, 336, and 544a. the fixed TVBD also may operate and a
paragraph (i) and adding new paragraph supplemental list of available channels
(h) to read as follows: ■ 5. Section 15.701 is revised to read as
follows: above 512 MHz (above TV channel 20)
§ 0.241 Authority delegated. that are adjacent to occupied TV
§ 15.701 Scope. channels on which the Mode I device,
* * * * *
This subpart sets forth the regulations but not the fixed device, may operate.
(h) The Chief of the Office of
for unlicensed Television Band Devices (d) Geo-location capability. The
Engineering and Technology is
(TVBDs). These devices are unlicensed capability of a TVBD to determine its
delegated authority to administer the geographic coordinates within the level
intentional radiators that operate on
database functions for unlicensed of accuracy specified in § 15.711(b)(1),
available TV channels in the broadcast
devices operating in the television i.e. 50 meters. This capability is used
television frequency bands at 54–60
broadcast bands (TV bands) as set forth with a TV bands database approved by
MHz (TV channel 2), 76–88 MHz (TV
in subpart H of part 15 of this chapter. the FCC to determine the availability of
channels 5 and 6), 174–216 MHz (TV
The Chief is delegated authority to TV channels at a TVBD’s location.
channels 7–13), 470–608 MHz (TV
develop specific methods that will be (e) Mode I personal/portable device. A
channels 14–36) and 614–698 MHz (TV
used to designate TV bands database personal/portable TVBD that does not
channels 38–51).
managers, to designate these database use an internal geo-location capability
■ 6. Section 15.703 is revised to read as
managers; to develop procedures that and access to a TV bands database to
these database managers will use to follows:
obtain a list of available channels. A
ensure compliance with the § 15.703 Definitions. Mode I device must obtain a list of
requirements for database operations; to (a) Available channel. A six- available channels on which it may
make determinations regarding the megahertz television channel, as operate from either a fixed TVBD or
continued acceptability of individual specified in § 73.603 of this chapter, Mode II personal/portable TVBD. A
database managers; and to perform other which is not being used by an Mode I device may not initiate a
functions as needed for the authorized service at or near the same network of fixed and/or personal/
administration of the TV bands geographic location as the TVBD and is portable TVBDs nor may it provide a list
databases. The Chief is also delegated acceptable for use by an unlicensed of available channels to another Mode I
authority jointly with the Chief of the device under the provisions of this device for operation by such device.
Wireless Telecommunications Bureau to subpart. (f) Mode II personal/portable device.
administer provisions of § 15.713(h)(8) (b) Contact verification signal. An A personal/portable TVBD that uses an
of this chapter pertaining to the encoded signal broadcast by a fixed or internal geo-location capability and
registration of event sites where large Mode II device for reception by Mode I access to a TV bands database, either
numbers of wireless microphones that devices to which the fixed or Mode II through a direct connection to the
operate on frequencies specified in device has provided a list of available Internet or through an indirect
§ 74.802 of this chapter are used. channels for operation. Such signal is connection to the Internet by way of
* * * * * for the purpose of establishing that the fixed TVBD or another Mode II TVBD,
to obtain a list of available channels. A ■ 7. Section 15.706 is amended by this section and as determined by a TV
Mode II device may select a channel revising paragraph (a) to read as follows: bands database in accordance with the
itself and initiate and operate as part of interference avoidance mechanisms of
a network of TVBDs, transmitting to and § 15.706 Information to the user. §§ 15.711 and 15.712.
receiving from one or more fixed TVBDs (a) In addition to the labeling (d) Mode I TVBDs shall operate only
or personal/portable TVBDs. A Mode II requirements contained in § 15.19, the on available channels as identified in
personal/portable device may provide instructions furnished to the user of a paragraphs (a) and (b) of this section
its list of available channels to a Mode TVBD shall include the following and provided from a fixed or Mode II
I personal/portable device for operation statement, placed in a prominent TVBD in accordance with
on by the Mode I device. location in the text of the manual: § 15.711(b)(3)(iv).
(g) Network initiation. The process by This equipment has been tested and found ■ 9. Section 15.709 is amended by
which a fixed or Mode II TVBD sends to comply with the rules for TV bands revising paragraphs (a) and (b);
control signals to one or more fixed devices, pursuant to part 15 of the FCC rules. removing paragraph (c) introductory
TVBDs or personal/portable TVBDs and These rules are designed to provide text and adding a heading to paragraph
allows them to begin communications. reasonable protection against harmful (c) in its place; and revising paragraphs
(h) Operating channel. An available interference. This equipment generates, uses
and can radiate radio frequency energy and,
(c) (1) through (c)(3) to read as follows:
channel used by a TVBD for
if not installed and used in accordance with § 15.709 General technical requirements.
transmission and/or reception. the instructions, may cause harmful
(i) Personal/portable device. A TVBD interference to radio communications. If this (a) Power limits for TVBDs. (1) For
that transmits and/or receives equipment does cause harmful interference fixed TVBDs, the maximum power
radiocommunication signals at to radio or television reception, which can be delivered to the transmitting antenna
unspecified locations that may change. determined by turning the equipment off and shall not exceed one watt per 6
Personal/portable devices may only on, the user is encouraged to try to correct megahertz of bandwidth on which the
transmit on available channels in the the interference by one or more of the device operates. The power delivered to
frequency bands 512–608 MHz (TV following measures: the transmitting antenna is the
channels 21–36) and 614–698 MHz (TV (1) Reorient or relocate the receiving maximum conducted output power
antenna.
channels 38–51). reduced by the signal loss experienced
(2) Increase the separation between the
(j) Receive site. The location where equipment and receiver. in the cable used to connect the
the signal of a full service television (3) Connect the equipment into an outlet transmitter to the transmit antenna. If
station is received for rebroadcast by a on a circuit different from that to which the transmitting antennas of directional gain
television translator or low power TV receiver is connected. greater than 6 dBi are used, the
station, including a Class A TV station, (4) Consult the manufacturer, dealer or an maximum conducted output power
or for distribution by a Multiple Video experienced radio/TV technician for help. shall be reduced by the amount in dB
Program Distributor (MVPD) as defined * * * * * that the directional gain of the antenna
in 47 U.S.C. 602(13). ■ 8. Section 15.707 is revised to read as exceeds 6 dBi.
(k) Sensing only device. A personal/ follows: (2) For personal/portable TVBDs, the
portable TVBD that uses spectrum maximum EIRP shall not exceed 100
sensing to determine a list of available § 15.707 Permissible channels of milliwatts (20 dBm) per 6 megahertz of
channels. Sensing only devices may operation. bandwidth on which the device
transmit on any available channels in (a) All TVBDs are permitted to operate operates with the following exceptions;
the frequency bands 512–608 MHz (TV available channels in the frequency Mode II personal/portable TVBDs that
channels 21–36) and 614–698 MHz (TV bands 512–608 MHz (TV channels 21– do not meet the adjacent channel
channels 38–51). 36) and 614–698 MHz (TV channels 38– separation requirements in § 15.712(a)
(l) Spectrum sensing. A process 51), subject to the interference and Mode I personal/portable TVBDs
whereby a TVBD monitors a television protection requirements in §§ 15.711 that operate on available channels
channel to detect whether the channel and 15.712, except that operation of (provided by a Mode II TVBD) that do
is occupied by a radio signal or signals TVBDs is prohibited on the first channel not meet the adjacent channel
from authorized services. above and the first channel below TV separation requirements of § 15.712(a)
(m) Television band device (TVBD). channel 37 (608–614 MHz) that are are limited to a maximum EIRP of 40
Intentional radiators that operate on an available, i.e., not occupied by an milliwatts (16 dBm) per 6 megahertz of
unlicensed basis on available channels authorized service. If a channel is not bandwidth on which the device
in the broadcast television frequency available both above and below channel operates.
bands at 54–60 MHz (TV channel 2), 37, operation is prohibited on the first (3) TVBDs shall incorporate transmit
76–88 MHz (TV channels 5 and 6), 174– two channels nearest to channel 37. power control to limit their operating
216 MHz (TV channels 7–13), 470–608 These channels will be identified and power to the minimum necessary for
MHz (TV channels 14–36) and 614–698 protected in the TV bands database(s). successful communication. Applicants
MHz (TV channels 38–51). (b) Operation on available channels in for equipment certification shall include
(n) TV bands database. A database the bands 54–60 MHz (TV channel 2), a description of a device’s transmit
system that maintains records of all 76–88 MHz (TV channels 5 and 6), 174– power control feature mechanism.
authorized services in the TV frequency 216 MHz (TV channels 7–13) and 470– (4) Maximum conducted output
bands, is capable of determining the 512 MHz (TV channels 14–20), subject power is the total transmit power over
available channels as a specific to the interference protection the occupied bandwidth delivered to all
geographic location and provides lists of requirements in §§ 15.711 and 15.712, is antennas and antenna elements
available channels to TVBDs that have permitted only for fixed TVBDs that averaged across all symbols in the
been certified under the Commission’s communicate only with other fixed signaling alphabet when the transmitter
equipment authorization procedures. TVBDs. is operating at its maximum power
TV bands databases that provide lists of (c) Fixed and Mode II TVBDs shall control level. Power must be summed
available channels to TVBDs must operate only on available channels as across all antennas and antenna
receive approval by the Commission. identified in paragraphs (a) and (b) of elements. The average must not include
any time intervals during which the Emission measurements in the adjacent determined at the time of installation
transmitter is off or is transmitting at a channels shall be performed using a and first activation from a power-off
reduced power level. If multiple modes minimum resolution bandwidth of condition, and this information may be
of operation are possible (e.g., 100 kHz with an average detector. A stored internally in the TVBD. If the
alternative modulation methods), the narrower resolution bandwidth may be fixed TVBD is moved to another
maximum conducted output power is employed near the band edge, when location or if its stored coordinates
the highest total transmit power necessary, provided the measured become altered, the operator shall re-
occurring in any mode. energy is integrated to show the total establish the device’s:
(5) The power spectral density power over 100 kHz. (i) Geographic location and store this
conducted from the TVBD to the (3) At frequencies beyond the information in the TVBD either by
antenna shall not be greater than the television channels immediately means of the device’s incorporated geo-
following values when measured in any adjacent to the channel in which the location capability or through the
100 kHz band during any time interval TVBD is operating, the radiated services of a professional installer; and
of continuous transmission: emissions from TVBDs shall meet the (ii) Registration with the database
(i) Fixed devices: 12.2 dBm. requirements of § 15.209. based on the device’s new coordinates.
(ii) Personal/portable devices (2) A Mode II personal/portable
* * * * * device shall incorporate a geo-location
operating adjacent to occupied TV
■ 10. Section 15.711 is amended by capability to determine its geographic
channels: ¥1.8 dBm.
(iii) Sensing-only devices: ¥0.8 dBm. revising the section heading, adding coordinates to an accuracy of ± 50
(iii) All other personal/portable introductory text, and revising meters. A Mode II device must also re-
devices: 2.2 dBm. paragraphs (a) through (f) to read as establish its position each time it is
(6) TVBDs shall incorporate adequate follows: activated from a power-off condition
security measures to prevent the TVBD § 15.711 Interference avoidance methods.
and use its geo-location capability to
from accessing databases not approved check its location at least once every
by the FCC and to ensure that Except as provided in § 15.717, 60 seconds while in operation, except
unauthorized parties can not modify the television channel availability for a while in sleep mode, i.e., in a mode in
TVBD or configure its control features to TVBD is determined based on the geo- which the device is inactive but is not
operate inconsistent with the rules and location and database access method powered-down.
protection criteria set forth in this described in paragraphs (a) and (b) of (3)(i) Fixed devices must access a TV
subpart. this section. bands database over the Internet to
(b) Antenna requirements. (1) All (a) Geo-location and database access. determine the TV channels that are
transmit and receive antenna(s) of A TVBD shall rely on the geo-location available at their geographic
personal/portable devices shall be and database access mechanism to coordinates, taking into consideration
permanently attached. identify available television channels the fixed device’s antenna height, prior
(2) The transmit antenna used with consistent with the interference to their initial service transmission at a
fixed devices may not be more than protection requirements of § 15.712. given location. Operation is permitted
30 meters above the ground. In addition, Such protection will be provided for the only on channels that are indicated in
fixed devices may not be located at sites following authorized and unlicensed the database as being available for such
where the height above average terrain services: digital television stations, TVBDs. Fixed TVBDs shall access the
(HAAT) at ground level is more than digital and analog Class A, low power, database at least once a day to verify
76 meters. The ground level HAAT is to translator and booster stations; that the operating channels continue to
be calculated by the TV bands database translator receive operations; fixed remain available. Operation on a
that the device contacts for available broadcast auxiliary service links; private channel must cease immediately if the
channels using computational software land mobile service/commercial radio database indicates that the channel is no
employing the methodology in service (PLMRS/CMRS) operations; longer available. Fixed TVBD must
§ 73.684(d) of this chapter. offshore radiotelephone service; low adjust their use of channels in
(3) For personal/portable TVBDs power auxiliary services authorized accordance with channel availability
operating under § 15.717, the provisions pursuant to §§ 74.801 through 74.882 of schedule information provided by their
of § 15.204(c)(4) do not apply to an this chapter, including wireless database for the 48-hour period
antenna used for transmission and microphones and MVPD receive sites; beginning at the time of the device last
reception/spectrum sensing. and unlicensed wireless microphones accessed the database for a list of
(4) For personal/portable TVBDs used by venues of large events and available channels.
operating under § 15.717 that productions/shows as provided under (ii) Mode II personal/portable devices
incorporate a separate sensing antenna, § 15.713(h)(8). In addition, protection must access a TV bands database over
compliance testing shall be performed shall be provided in border areas near the Internet to determine the TV
using the lowest gain antenna for each Canada and Mexico in accordance with channels that are available at their
type of antenna to be certified. § 15.712(g). geographic coordinates prior to their
(c) Emission limits for TVBDs. (1) In (b) Geo-location and database access initial service transmission at a given
the television channels immediately requirements. (1) The geographic location. Operation is permitted only on
adjacent to the channel in which a coordinates of a fixed TVBD shall be channels that are indicated in the
TVBD is operating, emissions from the determined to an accuracy of ± 50 database as being available for personal/
TVBD shall be at least 72.8 dB below the meters by either an incorporated geo- portable TVBDs. A Mode II personal/
highest average power in the TV location capability or a professional portable device must access the
channel in which the device is installer. In the case of professional database for a list of available channels
operating. installation, the party who registers the each time it is activated from a power-
(2) Emission measurements in the fixed TVBD in the database will be off condition and re-check its location
channel of operation shall be performed responsible for assuring the accuracy of and the database for available channels
over a reference bandwidth of the entered coordinates. The geographic if it changes location during operation
6 megahertz with an average detector. coordinates of a fixed TVBD shall be by more than 100 meters from the
location at which it last accessed the device may provide a Mode I device (4) All geographic coordinates shall be
database. A Mode II personal/portable with a list of available channels only referenced to the North American
device that has been in a powered state after it contacts its database, provides Datum of 1983 (NAD 83).
shall re-check its location and access the the database the FCC Identifier (FCC ID) (c) Display of available channels. A
database daily to verify that the of the Mode I device requesting TVBD must incorporate the capability to
operating channel(s) continue to be available channels, and receives display a list of identified available
available. Mode II personal/portable verification that the FCC ID is valid for channels and its operating channels.
devices must adjust their use of operation. To initiate contact with a (d) Identifying information. Fixed
channels in accordance with channel fixed or Mode II device, a TVBDs shall transmit identifying
availability schedule information Mode I device may transmit on an information. The identification signal
provided by their database for the 48- available channel used by the fixed or must conform to a standard established
hour period beginning at the time of the Mode II TVBD or on a channel the fixed by a recognized industry standards
device last accessed the database for a or Mode II TVBD indicates is available setting organization. The identification
list of available channels. A Mode II for use by a Mode I device on a signal signal shall carry sufficient information
personal/portable device may load seeking such contacts. At least once to identify the device and its geographic
channel availability information for every 60 seconds, except when in sleep coordinates.
multiple locations around, i.e., in the mode, i.e., a mode in which the device (e) Fixed devices without a direct
vicinity of, its current location and use is inactive but is not powered-down, a connection to the Internet. If a fixed
that information in its operation. A Mode I device must either receive a TVBD does not have a direct connection
Mode II TVBD may use such available contact verification signal from the to the Internet and has not yet been
channel information to define a Mode II or fixed device that provided its initialized and registered with the TV
geographic area within which it can current list of available channels or bands database consistent with § 15.713,
operate on the same available channels contact a Mode II or fixed device to re- but can receive the transmissions of
at all locations, for example a Mode II verify/re-establish channel availability. another fixed TVBD, the fixed TVBD
TVBD could calculate a bounded area in A Mode I device must cease operation needing initialization may transmit to
which a channel or channels are immediately if it does not receive a that other fixed TVBD on either a
available at all locations within the area contact verification signal or is not able channel that the other TVBD has
and operate on a mobile basis within to re-establish a list of available transmitted on or on a channel which
that area. A Mode II TVBD using such channels through contact with a fixed or the other TVBD indicates is available for
channel availability information for Mode II device on this schedule. In use to access the database to register its
multiple locations must contact the addition, a Mode II device must re- location and receive a list of channels
database again if/when it moves beyond check/reestablish contact with a fixed or that are available for it to use.
the boundary of the area where the Mode II device to obtain a list of Subsequently, the newly registered
channel availability data is valid, and available channels if they lose power. TVBD must only use the television
must access the database daily even if Collaterally, if a Mode II device loses channels that the database indicates are
it has not moved beyond that range to power and obtains a new channel list, available for it to use. A fixed device
verify that the operating channel(s) it must signal all Mode I devices it is may not obtain lists of available
continue to be available. Operation must serving to acquire new channel list. channels from another fixed device as
cease immediately if the database
(v) Device manufacturers and provided by a TV bands database for
indicates that the channel is no longer
database administrators may implement such other device, i.e., a fixed device
available.
(iii) If a fixed or Mode II personal/ a system that pushes updated channel may not simply operate on the list of
portable TVBD fails to successfully availability information from the available channels provided by a TV
contact the TV bands database during database to TVBDs. However, the use of bands database for another fixed device
any given day, it may continue to such systems is not mandatory, and the with which it communicates but must
operate until 11:59 p.m. of the following requirements for TVBDs to validate the contact a database to obtain a list of
day at which time it must cease operating channel at least daily and to available channels on which it may
operations until it re-establishes contact cease operation in accordance with operate.
with the TV bands database and re- paragraph (b)(3)(iii) of this section (f) Security. (1) For purposes of
verifies its list of available channels. continue to apply if such a system is obtaining a list of available channels
(iv) A Mode I personal/portable TVBD used. and related matters, fixed and Mode II
may only transmit upon receiving a list (vi) TV bands devices shall TVBDs shall only be capable of
of available channels from a fixed or incorporate adequate security measures contacting databases operated by FCC
Mode II TVBD that has contacted a to ensure that they are capable of designated administrators.
database and verified that the FCC communicating for purposes of (2) Communications between TV
identifier (FCC ID) of the Mode I device obtaining lists of available channels bands devices and TV bands databases
is valid. The list of channels provided only with databases operated by are to be transmitted using secure
to the Mode I device must be the same administrators authorized by the methods that ensure against corruption
as the list of channels that are available Commission, and to ensure that or unauthorized modification of the
to the fixed or Mode II device, except communications between TV bands data; this requirement applies to
that a Mode I device may operate only devices and databases between TV communications of channel availability
on channels that are permissible for its bands devices are secure to prevent and other spectrum access information
use under § 15.707. A fixed device may corruption or unauthorized interception between fixed and Mode II devices (it is
also obtain from a database a separate of data. This requirement includes not necessary for TVBDs to apply
list of available channels that includes implementing security for security coding to channel availability
adjacent channels that would be communications between Mode I and channel access information where
available to a Mode I personal/portable personal portable devices and fixed or they are not the originating or
device and provide that list to the Mode II devices for purposes of terminating device and that they simply
Mode I device. A fixed or Mode II providing lists of available channels. pass through).
(3) Communications between a Mode (4) A TV bands database shall be for channel availability and affirm that
I device and a fixed or Mode II device protected from unauthorized data input the device will conform to the
for purposes of obtaining a list of or alteration of stored data. To provide communications security methods used
available channels shall employ secure this protection, the administrator of the by that database.
methods that ensure against corruption TV bands database administrator shall * * * * *
or unauthorized modification of the establish communications
data. When a Mode I device makes a authentication procedures that allow the ■ 11. Section 15.712 is amended by
request to a fixed or Mode II device for fixed or Mode II devices to be assured revising paragraphs (a)(1), (a)(2), (b), (d),
a list of available channels the receiving that the data they receive is from an (f), (g), paragraph (h) introductory text
device shall check with the TV bands authorized source. and (h)(3) to read as follows:
database that the Mode I device has a (5) Applications for certification of TV § 15.712 Interference protection
valid FCC Identifier before providing a bands devices are to include a high level requirements.
list of available channels. Contact operational description of the
verification signals transmitted for technologies and measures that are (a) * * *
Mode I devices are to be encoded with incorporated in the device to comply (1) Protected contour. TVBDs must
encryption to secure the identity of the with the security requirements of this protect digital and analog TV services
transmitting device. Mode I devices section. In addition, applications for within the contours shown in the
using contact verification signals shall certification of fixed and Mode II following table. These contours are
accept as valid for authorization only devices are to identify at least one of the calculated using the methodology in
the signals of the device from which TV bands databases operated by a § 73.684 of this chapter and the R–6602
they obtained their list of available designated TV bands database curves contained in § 73.699 of this
channels. administrator that the device will access chapter.
Protected contour
Type of station Contour Propagation
Channel (dBu) curve
Analog: Class A TV, LPTV, translator and booster ..................................... Low VHF (2–6) ................................. 47 F(50,50)
High VHF (7–13) .............................. 56 F(50,50)
UHF (14–69) ..................................... 64 F(50,50)
Digital: Full service TV, Class A TV, LPTV, translator and booster ............ Low VHF (2–6) ................................. 28 F(50,90)
High VHF (7–13) .............................. 36 F(50,90)
UHF (14–51) ..................................... 41 F(50,90)
(2) Required separation distance. following table. Personal/portable TVBDs may operate at closer separation
TVBDs must be located outside the TVBDs operating in Mode II must distances, including inside the contour
contours indicated in paragraph (a)(1) of comply with the separation distances of adjacent channel stations, provided
this section of co-channel and adjacent specified for an unlicensed device with the power level is reduced to 40 mW or
channel stations by at least the an antenna height of less than 3 meters. less as specified in § 15.709(a)(2).
minimum distances specified in the Alternatively, Mode II personal/portable
Required separation (km) from

digital or analog TV (full service
or low power) protected contour
Antenna height of unlicensed device
Adjacent
Co-channel channel
(km) (km)
Less than 3 meters ................................................................................................................................................ 6.0 0.1

3—Less than 10 meters ........................................................................................................................................ 8.0 0.1
10–30 meters ......................................................................................................................................................... 14.4 0.74
(b) TV translator, Low Power TV may not operate within an arc of ±/¥30 site for co-channel operation and 2 km
(including Class A) and Multi-channel degrees from a line between a registered from the receive site for adjacent
Video Programming Distributor (MVPD) receive site and the contour of the TV channel operation. For purposes of this
receive sites. MVPD, TV translator station being received in the direction of section, a TV station being received may
station and low power TV (including the station’s transmitter at a distance of include a full power TV station, TV
Class A) station receive sites located up to 80 km from the edge of the translator station or low power TV/Class
outside the protected contour of the TV protected contour of the received TV A TV station.
station(s) being received may be station for co-channel operation and up * * * * *
registered in the TV bands database if to 20 km from the registered receive site (d) PLMRS/CMRS operations: TVBDs
they are no farther than 80 km outside for adjacent channel operation, except may not operate at distances less than
the nearest edge of the relevant that the protection distance shall not 134 km for co-channel operations and
contour(s). Only channels received over exceed the distance from the receive site 131 km for adjacent channel operations
the air and used by the MVPD, TV to the protected contour. Outside of this from the coordinates of the metropolitan
translator station or low power/Class A ±/¥30 degree arc, TVBDs may not areas and on the channels listed in
TV station may be registered. TVBDs operate within 8 km from the receive § 90.303(a) of this chapter. For PLMRS/
CMRS operations authorized by waiver coordinates of registered low power stations in Canada and Mexico. TVBDs
outside of the metropolitan areas listed auxiliary station sites on the registered are not required to comply with these
in § 90.303(a) of this chapter, co-channel channels during the designated times separation distances from portions of
and adjacent channel TVBDs may not they are used by low power auxiliary the protected contours of Canadian or
operate closer than 54 km and 51 km, stations. Mexican TV stations that fall within the
respectively from a base station. (2) TVBDs are not permitted to United States.
operate on the first channel on each side (h) Radio astronomy services:
* * * * *
of TV channel 37 (608–614 MHz) that is Operation of fixed and personal/
(f) Low power auxiliary services, not occupied by a licensed service.
including wireless microphones: (1) portable TVBDs is prohibited on all
(g) Border areas near Canada and
Fixed TVBDs are not permitted to channels within 2.4 kilometers at the
Mexico: Fixed and personal/portable
operate within 1 km, and personal/ following locations.
TVBDs shall comply with the required
portable TVBDs will not be permitted to separation distances in § 15.712(a)(2) * * * * *
operate within 400 meters, of the from the protected contours of TV (3) The following facilities:
Longitude Latitude
Observatory (deg/min/sec) (deg/min/sec)
Allen Telescope Array ................................................................................................................ 121 28 24 W ................................ 40 49 04 N

Arecibo Observatory .................................................................................................................. 066 45 11 W ................................ 18 20 46 N
Green Bank Telescope (GBT) ................................................................................................... 079 50 24 W ................................ 38 25 59 N
Very Large Array (VLA) ............................................................................................................. Rectangle between latitudes 33 58 22 N and 34

14 56 N, and longitudes 107 24 40 W and 107 48
22 W
Very Long Baseline Array (VLBA) Stations:

Pie Town, AZ ...................................................................................................................... 108 07 07 W ................................ 34 18 04 N
Kitt Peak, AZ ....................................................................................................................... 111 36 42 W ................................ 31 57 22 N
Los Alamos, NM ................................................................................................................. 106 14 42 W ................................ 35 46 30 N
Ft. Davis, TX ....................................................................................................................... 103 56 39 W ................................ 30 38 06 N
N. Liberty, IA ....................................................................................................................... 091 34 26 W ................................ 41 46 17 N
Brewster, WA ...................................................................................................................... 119 40 55 W ................................ 48 07 53 N
Owens Valley, CA ............................................................................................................... 118 16 34 W ................................ 37 13 54 N
St. Croix, VI ........................................................................................................................ 064 35 03 W ................................ 17 45 31 N
Hancock, NH ....................................................................................................................... 071 59 12 W ................................ 42 56 01 N
Mauna Kea, HI .................................................................................................................... 155 27 29 W ................................ 19 48 16 N
■ 11. Section 15.713 is amended by database system or TVBDs in protection requirements of § 15.712, the
revising paragraphs (a)(1), (b)(2)(i), performing their intended functions or location information supplied by a
(c)(2), (d), (e), (f)(3), (h) introductory in providing adequate interference TVBD, and the data for protected
text, (h)(1), and (h)(6) through (h)(9), protections to authorized services stations/locations in the database.
and adding new paragraph (j) to read as operating in the TV bands. In addition, (e) TVBD initialization. (1) Fixed and
follows: a TV bands database must also verify Mode II TVBDs must provide their
that the FCC identifier (FCC ID) of a location and required identifying
§ 15.713 TV bands database. device seeking access to its services is information to the TV bands database in
(a) * * * valid; under this requirement the TV accordance with the provisions of this
(1) To determine and provide to a bands database must also verify that the subpart.
TVBD, upon request, the available TV FCC ID of a Mode I device provided by (2) Fixed and Mode II TVBDs shall
channels at the TVBD’s location. a fixed or Mode II device is valid. A list not transmit unless they receive, from
Available channels are determined of devices with valid FCC IDs and the the TV bands database, a list of available
based on the interference protection FCC IDs of those devices is to be channels and may only transmit on the
requirements in § 15.712. A database obtained from the Commission’s available channels on the list provided
must provide fixed and Mode II Equipment Authorization System. by the database.
personal portable TVBDs with channel * * * * * (3) Fixed TVBDs register and receive
availability information that includes (b) * * * a list of available channels from the
scheduled changes in channel (2) * * * database by connecting to the iInternet,
availability over the course of the 48 (i) MVPD receive sites. either directly or through another fixed
hour period beginning at the time the * * * * * TVBD that has a direct connection to the
TVBDs make a re-check contact. In (c) * * * Internet.
making lists of available channels (2) MVPD receive sites within the (4) Mode II TVBDs receive a list of
available to a TVBD, the TV bands protected contour or more than 80 available channels from the database by
database shall ensure that all kilometers from the nearest edge of the connecting to the Internet, either
communications and interactions protected contour of a television station directly or through a fixed or Mode II
between the TV bands database and the being received are not eligible to register TVBD that has a direct connection to the
TVBD include adequate security that station’s channel in the database. Internet.
measures such that unauthorized parties (d) Determination of available (5) A fixed or Mode II TVBD that
cannot access or alter the TV bands channels. The TV bands database will provides a list of available channels to
database or the list of available channels determine the available channels at a a Mode I device shall notify the
sent to TVBDs or otherwise affect the location using the interference database of the FCC identifier of such
Mode I device and receive verification (v) Amount of electrical and (i) Name of the individual or business
that that FCC identifier is valid before mechanical beam tilt (degrees responsible for the low power auxiliary
providing the list of available channels depression below horizontal) and device(s);
to the Mode I device. orientation of mechanical beam tilt (ii) An address for the contact person;
(6) A fixed device located at a site (degrees azimuth clockwise from true (iii) An email address for the contact
where the ground level height above north); person (optional);
average terrain (HAAT) is greater than (vi) Channel number; and (iv) A phone number for the contact
76 meters shall not be provided a list of (vii) Station call sign. person;
available channels. The ground level * * * * * (v) Coordinates where the device(s)
HAAT of sites occupied by fixed TVBDs (6) MVPD receive sites. Registration are used (latitude and longitude in NAD
is to be calculated using computational for receive sites is limited to channels 83, accurate to ±/¥ 50 m);
(vi) Channels used by the low power
software employing the methodology in that are received over-the-air and are
auxiliary devices operated at the site;
§ 73.684(d) of this chapter. used as part of the MVPD service. (vii) Specific months, weeks, days of
(f) * * * (i) Name and address of MVPD
the week and times when the device(s)
(3) The TVBD registration database company;
(ii) Location of the MVPD receive site are used (on dates when microphones
shall contain the following information are not used the site will not be
for fixed TVBDs: (latitude and longitude in NAD 83,
accurate to ±/¥ 50 m); protected); and
(i) FCC identifier (FCC ID) of the (viii) The stations call sign.
device; (iii) Channel number of each
(9) Unlicensed wireless microphones
(ii) Manufacturer’s serial number of television channel received, subject to
at venues of events and productions/
the device; the following condition: channels for shows that use large numbers of
(iii) Device’s geographic coordinates which the MVPD receive site is located wireless microphones that cannot be
(latitude and longitude (NAD 83) within the protected contour of that accommodated in the two reserved
accurate to ±/¥ 50 m); channel’s transmitting station are not channels and other channels that are not
(iv) Device’s antenna height above eligible for registration in the database; available for use by TVBDs at that
ground level (meters); (iv) Call sign of each television
location. Such sites of large events and
(v) Name of the individual or business channel received and eligible for
productions/shows with significant
that owns the device; registration;
(v) Location (latitude and longitude) wireless microphone use at well defined
(vi) Name of a contact person times and locations may be registered in
responsible for the device’s operation; of the transmitter of each television
channel received; the database. Entities responsible for
(vii) Address for the contact person; eligible event venues registering their
(viii) E-mail address for the contact (7) Television translator, low power
TV and Class A TV station receive sites. site with a TV bands data base are
person; required to first make use of the two
(ix) Phone number for the contact Registration for television translator,
low power TV and Class A receive sites reserved channels and other channels
person. that are not available for use by TVBDs
is limited to channels that are received
* * * * * over-the-air and are used as part of the at that location. As a benchmark, at least
(h) TV bands database information. station’s service. 6–8 wireless microphones should be
The TV bands database shall contain the (i) Call sign of the TV translator operating in each channel used at such
listed information for each of the station; venues (both licensed and unlicensed
following: (ii) Location of the TV translator wireless microphones used at the event
(1) Digital television stations, digital receive site (latitude and longitude in may be counted to comply with this
and analog Class A, low power, NAD 83, accurate to ±/¥ 50 m); benchmark). Multiple registrations that
translator and booster stations, (iii) Channel number of the re- specify more than one point in the
including stations in Canada and transmitted television station, subject to facility may be entered for very large
Mexico that are within the border the following condition: a channel for sites. Sites of eligible event venues
coordination areas as specified in which the television translator receive using unlicensed wireless microphones
§ 73.1650 of this chapter (a TV bands site is located within the protected must be registered with the Commission
database is to include only TV station contour of that channel’s transmitting at least 30 days in advance and the
information from station license or station is not eligible for registration in Commission will provide this
license application records. In cases the database; information to the data base managers.
where a station has records for both a (iv) Call sign of the retransmitted Parties responsible for eligible event
license application and a license, a TV television station; and venues filing registration requests must
bands database should include the (v) Location (latitude and longitude) certify that they are making use of all
information from the license application of the transmitter of the retransmitted TV channels not available to TV bands
rather than the license. In cases where television station. devices and on which wireless
there are multiple license application (8) Licensed low power auxiliary microphones can practicably be used,
records or license records for the same stations, including wireless including channels 7–51 (except
station, the database is to include the microphones and wireless assist video channel 37). The Commission will make
most recent records, and again with devices. Use of licensed low power requests for registration of sites that use
license applications taking precedence auxiliary stations at well defined times unlicensed wireless microphones public
over licenses.): and locations may be registered in the and will provide an opportunity for
(i) Transmitter coordinates (latitude database. Multiple registrations that public comment or objections.
and longitude in NAD 83); specify more than one point in the Registrations will be valid for one year,
(ii) Effective radiated power (ERP); facility may be entered for very large after which they may be renewed. The
(iii) Height above average terrain of sites. Registrations will be valid for no Commission will take actions against
the transmitting antenna (HAAT); more than one year, after which they parties that file inaccurate or incomplete
(iv) Horizontal transmit antenna may be renewed. Registrations must information, such as denial of
pattern (if the antenna is directional); include the following information: registration in the database, removal of
information from the database pursuant § 15.714 TV bands database (h) Provide service for a five-year
to paragraph (i) of this section, or other administration fees. term. This term can be renewed at the
sanctions as appropriate to ensure (a) A TV bands database administrator Commission’s discretion.
compliance with the rules. Registrations may charge a fee for provision of lists (i) Respond in a timely manner to
must include the following information: of available channels to fixed and verify, correct and/or remove, as
(i) Name of the individual or business personal/portable TVBDs and for appropriate, data in the event that the
that owns the unlicensed wireless registering fixed TVBDs. Commission or a party brings claim of
microphones; inaccuracies in the database to its
(ii) An address for the contact person; * * * * *
attention. This requirement applies only
(iii) An e-mail address for the contact ■ 13. Section 15.715 is amended by to information that the Commission
person (optional); revising the introductory text, revising requires to be stored in the database.
(iv) A phone number for the contact paragraphs (c), (d), and (e), (j) Transfer its database along with the
person; redesignating paragraphs (f) through (k) IP addresses and URLs used to access
(v) Coordinates where the device(s) as paragraphs (g) through (l), revising the database and list of registered Fixed
are used (latitude and longitude in NAD newly designated paragraphs (h) TVBDs, to another designated entity in
83, accurate to ±/¥ 50 m); through (l), and adding new paragraph the event it does not continue as the
(vi) Channels used by the wireless (f) to read as follows: database administrator at the end of its
microphones operated at the site and term. It may charge a reasonable price
the number of wireless microphones § 15.715 TV bands database administrator. for such conveyance.
used in each channel. As a benchmark, (k) The database must have
The Commission will designate one or
least 6–8 wireless microphones must be functionality such that upon request
more entities to administer the TV
used in each channel. Registration from the Commission it can indicate
bands database(s). The Commission
requests that do not meet this criteria that no channels are available when
may, at its discretion, permit the
will not be registered in the TV bands queried by a specific TVBD or model of
functions of a TV bands database, such
data bases; TVBDs.
(vii) Specific months, weeks, days of as a data repository, registration, and
query services, to be divided among (l) If more than one database is
the week and times when the device(s) developed, the database administrators
are used (on dates when microphones multiple entities; however, it will
designate specific entities to be a shall cooperate to develop a
are not used the site will not be standardized process for providing on a
protected); and database administrator responsible for
coordination of the overall functioning daily basis or more often, as
(viii) The name of the venue.
of a database and providing services to appropriate, the data collected for the
* * * * * facilities listed in § 15.713(b)(2) to all
(j) Security. The TV bands database TVBDs. Each database administrator
designated by the Commission shall: other TV bands databases to ensure
shall employ protocols and procedures consistency in the records of protected
to ensure that all communications and * * * * *
facilities.
interactions between the TV bands (c) Establish a process for registering
■ 14. Section 15.717 is revised to read
database and TVBDs are accurate and fixed TVBDs and registering and
as follows:
secure and that unauthorized parties including in the database facilities
cannot access or alter the database or entitled to protection but not contained § 15.717 TVBDs that rely on spectrum
the list of available channels sent to a in a Commission database, including sensing.
TVBD. MVPD and TV translator receive sites. (a) Applications for certification.
(1) Communications between TV (d) Establish a process for registering Parties may submit applications for
bands devices and TV bands databases, facilities where part 74 low power certification of TVBDs that rely solely
and between different TV bands auxiliary stations are used on a regular on spectrum sensing to identify
databases, shall be secure to prevent basis. available channels. Devices authorized
corruption or unauthorized interception under this section must demonstrate
(e) Provide accurate lists of available
of data. A TV bands database shall be with an extremely high degree of
channels to fixed and personal/portable
protected from unauthorized data input confidence that they will not cause
TVBDs that submit to it the information
or alteration of stored data. harmful interference to incumbent radio
(2) A TV bands database shall verify required under §§ 15.713(e), (f), and (g)
based on their geographic location and services.
that the FCC identification number (1) In addition to the procedures in
supplied by a fixed or personal/portable provide accurate lists of available
channels to fixed and Mode II devices subpart J of part 2 of this chapter,
TV bands device is for a certified device applicants shall comply with the
and may not provide service to an requesting lists of available channels for
Mode I devices. Database administrators following.
uncertified device. (i) The application must include a full
(3) A TV bands database must not may allow prospective operators of TV
bands devices to query the database and explanation of how the device will
provide lists of available channels to protect incumbent authorized services
uncertified TV bands devices for determine whether there are vacant
channels at a particular location. against interference.
purposes of operation (it is acceptable (ii) Applicants must submit a pre-
for a TV bands database to distribute (f) Establish protocols and procedures production device, identical to the
lists of available channels by means to ensure that all communications and device expected to be marketed.
other than contact with TVBDs to interactions between the TV bands (2) The Commission will follow the
provide list of channels for operation). database and TVBDs are accurate and procedures below for processing
To implement this provision, a TV secure and that unauthorized parties applications pursuant to this section.
bands database administrator shall cannot access or alter the database or (i) Applications will be placed on
obtain a list of certified TVBDs from the the list of available channels sent to a public notice for a minimum of 30 days
FCC Equipment Authorization System. TVBD consistent with the provisions of for comments and 15 days for reply
■ 12. Section 15.714 is amended by § 15.713(i). comments. Applicants may request that
revising paragraph (a) to read as follows: * * * * * portions of their application remain
confidential in accordance with § 0.459 § 15.717(c), although required, is not the direction and at the frequency that
of this chapter. This public notice will necessarily sufficient for demonstrating exhibits the least gain. Alternative
include proposed test procedures and reliable interference avoidance. Once a approaches for the sensing antenna are
methodologies. device is certified, additional devices permitted, e.g., electronically rotatable
(ii) The Commission will conduct that are identical in electrical antennas, provided the applicant for
laboratory and field tests of the pre- characteristics and antenna systems may equipment authorization can
production device. This testing will be be certified under the procedures of Part demonstrate that its sensing antenna
conducted to evaluate proof of 2, Subpart J of this chapter. provides at least the same performance
performance of the device, including (c) Sensing requirements. as an omnidirectional antenna with
characterization of its sensing capability (1) Detection threshold. 0 dBi gain.
and its interference potential. The (i) The required detection thresholds (2) Channel availability check time. A
testing will be open to the public. are: TVBD may start operating on a TV
(iii) Subsequent to the completion of (A) ATSC digital TV signals: –114 channel if no TV, wireless microphone
testing, the Commission will issue by dBm, averaged over a 6 MHz or other low power auxiliary device
public notice, a test report including bandwidth; signals above the detection threshold
recommendations. The public notice (B) NTSC analog TV signals: –114 are detected within a minimum time
will specify a minimum of 30 days for dBm, averaged over a 100 kHz interval of 30 seconds.
comments and, if any objections are bandwidth;
(3) In-service monitoring. A TVBD
received, an additional 15 days for reply (C) Low power auxiliary, including
must perform in-service monitoring of
comments. wireless microphone, signals: –107
an operating channel at least once every
(b) Power limit for devices that rely on dBm, averaged over a 200 kHz
60 seconds. There is no minimum
sensing. The TVBD shall meet the bandwidth.
channel availability check time for in-
requirements for personal/portable (ii) The detection thresholds are
service monitoring.
devices in this subpart except that it referenced to an omnidirectional receive
will be limited to a maximum EIRP of antenna with a gain of 0 dBi. If a receive (4) Channel move time. After a TV,
50 mW per 6 megahertz of bandwidth antenna with a minimum directional wireless microphone or other low power
on which the device operates and it gain of less than 0 dBi is used, the auxiliary device signal is detected on a
does not have to comply with the detection threshold shall be reduced by TVBD operating channel, all
requirements for geo-location and the amount in dB that the minimum transmissions by the TVBD must cease
database access in § 15.711(b). directional gain of the antenna is less within two seconds.
Compliance with the detection than 0 dBi. Minimum directional gain [FR Doc. 2010–30184 Filed 12–3–10; 8:45 am]
threshold for spectrum sensing in shall be defined as the antenna gain in BILLING CODE 6712–01–P

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Monday,

Required separation (km) from

Less than 3 meters ................................................................................................................................................ 6.0 0.1

Allen Telescope Array ................................................................................................................ 121 28 24 W ................................ 40 49 04 N

Very Large Array (VLA) ............................................................................................................. Rectangle between latitudes 33 58 22 N and 34

Very Long Baseline Array (VLBA) Stations:

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