**DA 08-295**

**Released: February 5, 2008**

**FEDERAL COMMUNICATIONS COMMISSION DESIGNATES SPECTRUM AND PROVIDES
GUIDANCE FOR PARTICIPATION IN A SPECTRUM SHARING INNOVATION TEST-BED**

**Commissioners Copps and Adelstein issuing separate statements.**

**ET Docket No. 06-89**

The Federal Communications Commission announces that it has designated
10 megahertz of spectrum in the 470-512 MHz band as a Spectrum Sharing
Innovation Test-Bed (Test-Bed) and identified procedures for interested
parties to conduct technology tests in that band. The Test-Bed is
intended to provide a venue for demonstrating techniques to provide for
better sharing between Federal Government (federal) and non-federal
radio users. The Commission takes this action in conjunction with
similar action by the U.S. Department of Commerce's National
Telecommunications and Information Administration (NTIA) to designate
the 410-420 MHz band and establish procedures for a Test-Bed, as
required by the President's Spectrum Policy Initiative.

On May 29, 2003, the President established the "Spectrum Policy
Initiative" by issuing an Executive Memorandum to initiate an
examination of the existing legal and policy framework for spectrum
management in order to better optimize the use of U.S. spectrum assets
for federal and non-federal users.[^1] The Commission was encouraged to
participate in this review and to provide input to the NTIA on these
issues.

In June 2004, the U.S. Department of Commerce issued two reports
containing policy recommendations for improving spectrum management. One
report addressed federal spectrum use and the other addressed commercial
and state and local public safety spectrum use.[^2] Both reports
included a recommendation that the Commission and the NTIA develop a
Spectrum Sharing Innovation Test-Bed for use in planning how spectrum
can best be shared between federal and non-federal users.

In June 2006, the Commission released a Public Notice (PN) discussing
the goals, implementation and evaluation of a Test-Bed program, and
seeking public comment.[^3] Concurrent with the release of the FCC
Public Notice, NTIA released a Notice of Inquiry (NOI) also seeking
comment on the creation of a Test-Bed.[^4] Sixteen comments and nine
reply comments were filed with the Commission, and fourteen comments
were filed at the NTIA.[^5]

The comments filed with the FCC were generally supportive of a Test-Bed
and wide-ranging, discussing many different bands, licensing approaches,
and methodologies that could be used in conducting a Test-Bed study. In
its evaluation of the comments, NTIA focused on eight criteria.[^6]
Based on its analysis, NTIA concluded that Dynamic Spectrum Access (DSA)
technologies satisfied all of the selection criteria and will be
implemented in the Test-Bed.[^7] In addition, NTIA identified the
410-420 MHz federal primary fixed, mobile and space research band for
the federal portion of the Test-Bed. NTIA further specified that the
Test-Bed program employing adaptive radio will be performed in three
phases. In the first phase, the adaptive radio equipment will be sent to
the NTIA Institute for Telecommunication Sciences (ITS) laboratory
located in Boulder, Colorado for characterization measurements. In the
second phase, the DSA capability of the adaptive radio will be
evaluated. Only after successful completion of the first and second
phases will the adaptive radio equipment be permitted to be operated in
a field test on a controlled basis in the third phase of the Test-Bed.

We support NTIA in this Test-Bed initiative, and after Coordination
discussions with NTIA conclude that a Test-Bed designation in the
470-512 MHz frequency band, which contains Television Broadcast Systems
(TV channels 14-20) as well as Land Mobile Radio Systems, will provide
the greatest benefits to meeting the goals set out in the President's
Spectrum Initiative. This band will allow for evaluation of adaptive
radio equipment in the presence of additional radio services and
provides a reasonable separation from the 410-420 MHz federal band to
allow tests which pair the federal and non-federal frequency bands.

Use of the 470-512 MHz band under the Test-Bed will be limited to
10-megahertz for any given test. This will allow for some guard band at
the edges of the 6-megahertz wide TV channels. Non-federal entities
interested in conducting tests using this Test-Bed spectrum will be
required to obtain an experimental license under Part 5 of the
Commission's rules (47 C.F.R. Part 5) and to abide by the requirements
set out by NTIA (*i.e*., to satisfy each phase of the Test-Bed program),
including participation in specific tests and evaluations that NTIA
expects to carry out at its Colorado laboratories. We may also require
periodic progress reports documenting each stage and the results of any
tests conducted under the Test-Bed. Finally, because the use of the
470-512 MHz band varies by geographic area, Test-Bed proposals must
identify the 10 megahertz portion of the 470-512 MHz band and the
geographic area where tests will be conducted. The proposals will be
reviewed by the Commission on a case-by-case basis to ensure that
incumbent users in or near the test bands do not incur harmful
interference. In this regard, we note that all operations under the Part
5 experimental rules are on a non-interference basis.

The Test-Bed initiative offers a unique opportunity to embark on a
cooperative effort with NTIA to seek additional methods for promoting
more intensive sharing among spectrum users. On February 5, 2008, NTIA
issued a Notice of Solicitation of Participation establishing February
29, 2008 as a deadline for interested parties to express their interest
to participate in the Test Bed.[^8] We similarly invite interested
parties to begin submitting proposals for participation in the Test-Bed
program using our existing Part 5 application procedures.

For questions concerning the Test-Bed, please contact Saurbh Chhabra,
(202) 418-2266, e-mail <saurbh.chhabra@fcc.gov> or Jeff Dygert (202)
418-7300, e-mail <jeffrey.dygert@fcc.gov>.

Office of Engineering and Technology

-FCC-

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

 

*Re: Federal Communications Commission Designates Spectrum and Provides
Guidance for Participation in a Spectrum Sharing Innovation Test Bed; ET
Docket No. 06-89*

 

I am a big believer in government doing all it can to encourage
innovation. A critical part of this mission is making spectrum available
for our nation's engineers and inventors to develop the next generation
of wireless devices. That is why I wholeheartedly support the Department
of Commerce's 2004 recommendation that NTIA and the FCC jointly develop
a spectrum test-bed.

Nevertheless, I must register my concern (as I did back in 2006) that at
each step of the process, the U.S. Government is falling behind the
timeframe originally envisioned in 2004. It is now abundantly clear that
we will not achieve the June 2008 target for completing this project. I
hope that, despite the late start, we are able to accelerate the pace of
this proceeding so that American citizens will be able to benefit from
this basic research as quickly as possible.

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: Federal Communications Commission Designates Spectrum and Provides
Guidance for Participation in a Spectrum Sharing Innovation Test Bed; ET
Docket No. 06-89*

It is welcome news that we finally are moving forward with the National
Telecommunications and Information Administration on designating
spectrum and identifying procedures for a joint test-bed. I have long
stressed the importance of keeping the Commission on the leading edge of
spectrum-based technology and policy. It was June of 2006 when we first
sought comment on creating a Spectrum Sharing Innovation Test-Bed
(Test-Bed). But just because we've made the bed, doesn't mean it's time
to rest. Instead, it's high time that we rouse from our nearly two-year
slumber and get this initiative underway.

The Test-Bed is an important vehicle for considering and developing new
spectrum management innovations for federal and non-federal use and
operations in the future**.** I am pleased that the Test-Bed operations
will allow for an objective evaluation of new technologies for
facilitating sharing between federal and non-federal spectrum users. It
is equally important that we protect incumbent spectrum users, so I am
pleased that the test operations will incorporate three discrete phases
to address any potential interference.

This initiative offers us an invaluable opportunity to consider new
methods for intensive sharing spectrum and other important spectrum
management issues in the coming years. I encourage all interested
parties to take part in this important initiative.

[^1]: See *Presidential Memorandum on Spectrum Policy for the 21st
    Century,* 69 Fed. Reg. 1568 (January 6, 2004).

[^2]: *Spectrum Policy for the 21^st^ Century -- The President's
    Spectrum Policy Initiative: Report 1 Recommendations of the Federal
    Government Spectrum Task Force (Recommendation 11)* and *Spectrum
    Policy for the 21^st^ Century -- The President's Spectrum Policy
    Initiative: Report 2 Recommendations From State and Local
    Governments and Private Sector Responders (Recommendation 6(b))*,
    NTIA, U.S. Department of Commerce (June 2004), available at
    [http://www.ntia.doc.gov/reports.html/](http://www.ntia.doc.gov/reports.html)

[^3]: *See* Federal Communications Commission Seeks Public Comment On
    Creation of a Spectrum Sharing Innovation Test-Bed, ET Docket No.
    06-89, *Public Notice*, FCC 06-77 (rel. Jun 8, 2006).

[^4]: *See* The President's Spectrum Policy Initiative Spectrum Sharing
    Innovation Test-Bed, Docket No. 060602142-6142-01, *Notice of
    Inquiry,* 71 FR 33282 (June 8, 2006) ("NTIA NOI").

[^5]: Several entities filed the same comments with both the Commission
    and the NTIA.

[^6]: The Test-Bed evaluation criteria included: 1. How well does the
    proposed technology achieve the goal of the Test-Bed? 2. How readily
    available is the equipment proposed for the Test-Bed? 3. How well
    does the proposed technology explore creative and original concepts
    in spectrum sharing? 4. For the proposed technology, can the results
    of the Test-Bed be disseminated broadly to enhance scientific and
    technologic understanding? 5. How well does the proposed technology
    address the potential impact on the incumbent spectrum user(s)? 6.
    Can the proposed technology be adapted for a variety of services and
    applications, including broadband, military/homeland security, and
    public safety? 7. Are there any technical factors that limit the
    proposed technology to a specific frequency range? 8. Will the
    necessary technical support be provided to assure performance of the
    equipment during the Test-Bed? *See* NTIA NOI.

[^7]: The dynamic spectrum access technology described in the comments
    to the NOI and PN is frequency adaptive, where sensing of the RF
    signal environment is performed to identify available frequencies
    for transmitting on a non-interference basis and to instruct the
    device to stop transmitting on a frequency if a RF signal is
    detected. However, equipment employing other adaptive techniques
    (*e.g.*, geo-location sensing) will also be considered.

[^8]: [See]{.underline} NTIA Notice, Docket No. 080129095-8096-01, 73 FR
    6710, February 5, 2008.