DA 06-1813

Released: September 11, 2006

**Office of Engineering and Technology Announces**

**Projected Schedule for Proceeding on Unlicensed Operation in the TV
Broadcast Bands**

**ET Docket No. 04-186**

On May 13, 2004, the Commission adopted a *Notice of Proposed Rule
Making* ("*Notice*") proposing to allow the operation of unlicensed
devices on TV channels that are unused at any given location.[^1] This
public notice establishes a schedule for resolving outstanding issues in
that proceeding so that unlicensed devices designed to operate on unused
TV frequencies may be placed on the market with the completion of the
DTV transition.

The Notice proposed to require that fixed unlicensed devices incorporate
a geo-location method such as GPS or be professionally installed, and
that they access a database to identify vacant channels at their
location. It proposed to require that portable unlicensed devices
operate only when they receive a control signal from a source such as an
FM or TV station that identifies the vacant TV channels in that
particular area. The Commission also sought comment on the use of
spectrum sensing to identify vacant TV channels, but did not propose any
specific technical requirements for devices that use spectrum sensing.

Comments were filed both in favor of and in opposition to the proposals
in the *Notice.* Broadcasters and other TV spectrum users expressed
concern about potential interference from unlicensed devices to the
various services that operate in the TV bands. These services include
full service TV, low power TV, TV translators, TV boosters, broadcast
auxiliary services such as wireless microphones, and the commercial and
private land mobile radio services. Manufacturers and users of
unlicensed devices largely support the use of spectrum sensing and other
measures as a means to prevent interference.

The record before the Commission does not contain sufficient information
to adopt final technical rules for operation of unlicensed devices in
the TV bands. For example, because the *Notice* did not make any
specific proposals regarding spectrum sensing, there is no information
in the record as to key criteria that would need to be specified to
allow the use of that technique, such as the required levels for
sensing, spectrum to be scanned, and durations for the sensing.
Accordingly, the Office of Engineering and Technology is developing a
First Report and Order and Further Notice of Proposed Rule Making that
would make initial decisions and specific technical proposals necessary
to adopt complete and final rules, taking into the account the comments
received in response to the May 2004 *Notice*.

In addition, a number of parties participating in this proceeding have
stressed the importance of conducting field tests to ensure that
whatever standards are ultimately adopted will protect other radio
services against harmful interference. We encourage interested parties
to conduct tests and submit them into the record for this proceeding. In
the meantime, the FCC Laboratory plans to conduct its own testing
program to quantify the interference rejection capabilities of DTV
receivers and to assess potential interference from unlicensed devices
operating in the TV bands. The FCC Laboratory also plans to test DTV
converter boxes once they become available. Details regarding FCC
testing will be announced at a later time.

Taking these factors into account, the Commission staff has developed
the following schedule of actions in this proceeding.

  ---------------- ------------------------------------------------------
  Projected Date   Milestone

  October 2006     Commission adopts a First Report and Order and Further
                   Notice of Proposed Rule Making

  March 2007       FCC Laboratory reports the results of measurements of
                   the interference rejection capabilities of DTV
                   receivers

  July 2007        FCC Laboratory reports the results of tests evaluating
                   potential interference from unlicensed devices to TV
                   and other radio services

  October 2007     Commission adopts a Second Report and Order specifying
                   final technical requirements for unlicensed devices
                   that operate in the TV bands

  December 2007    FCC Laboratory begins accepting applications for
                   certification of unlicensed devices operating in the
                   TV bands; certification will be granted at such time
                   as the application has been reviewed and found to
                   comply with the rules; certification will permit
                   manufacture and shipment of products to distribution
                   points

  February 2009    Products will be available for sale at retail
  ---------------- ------------------------------------------------------

This proposed schedule provides sufficient time to develop appropriate
technical standards to prevent interference to TV broadcasting and other
services, as well as sufficient lead time for industry to design and
produce new unlicensed products that would be available for sale to the
public at the completion of the DTV transition on February 17, 2009.

For further information, contact Mr. Bruce Romano, Office of Engineering
and Technology, (202) 418-2124, <Bruce.Romano@fcc.gov> or Mr. Hugh L.
Van Tuyl, Office of Engineering and Technology, (202) 418-7506,
<Hugh.VanTuyl@fcc.gov>.

[^1]: *Unlicensed Operation in the TV Broadcast Bands; Additional
    Spectrum for Unlicensed Devices*

    *Below 900 MHz and in the 3 GHz Band*, Notice of Proposed
    Rulemaking, 19 FCC Rcd. 10018 (2004).