2278 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

PART 75—UNIFORM ADMINISTRATIVE 

REQUIREMENTS, COST PRINCIPLES, 

AND AUDIT REQUIREMENTS FOR HHS 

AWARDS 

■ 1. The authority citation for 45 CFR 

part 75 is revised to read as follows: 

Authority: 5 U.S.C. 301; 2 CFR part 200. 

§ 75.101 [Amended] 

■ 2. Amend § 75.101 by removing 

paragraph (f). 

■ 3. Amend § 75.300 by revising 

paragraphs (c) and (d) to read as follows: 

§ 75.300 Statutory and national policy 

requirements. 

* * * * * 

(c) It is a public policy requirement of 

HHS that no person otherwise eligible 

will be excluded from participation in, 

denied the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by federal 

statute. 

(d) HHS will follow all applicable 

Supreme Court decisions in 

administering its award programs. 

■ 5. Amend § 75.305 by revising 

paragraph (a) to read as follows: 

§ 75.305 Payment. 

(a)(1) For States, payments are 

governed by Treasury-State CMIA 

agreements and default procedures 

codified at 31 CFR part 205 and TFM 

4A–2000 Overall Disbursing Rules for 

All Federal Agencies. 

(2) To the extent that Treasury-State 

CMIA agreements and default 

procedures do not address expenditure 

of program income, rebates, refunds, 

contract settlements, audit recoveries 

and interest earned on such funds, such 

funds must be expended before 

requesting additional cash payments. 

* * * * * 

■ 6. Revise § 75.365 to read as follows: 

§ 75.365 Restrictions on public access to 

records. 

Consistent with § 75.322, HHS 

awarding agencies may require 

recipients to permit public access to 

manuscripts, publications, and data 

produced under an award. However, no 

HHS awarding agency may place 

restrictions on the non-Federal entity 

that limits public access to the records 

of the non-Federal entity pertinent to a 

Federal award identified in §§ 75.361 

through 75.364, except for protected 

personally identifiable information (PII) 

or when the HHS awarding agency can 

demonstrate that such records will be 

kept confidential and would have been 

exempted from disclosure pursuant to 

the Freedom of Information Act (5 

U.S.C. 552) (FOIA) or controlled 

unclassified information pursuant to 

Executive Order 13556 if the records 

had belonged to the HHS awarding 

agency. The FOIA does not apply to 

those records that remain under a nonFederal entity’s control except as 

required under § 75.322. Unless 

required by Federal, State, local, or 

tribal statute, non-Federal entities are 

not required to permit public access to 

their records identified in §§ 75.361 

through 75.364. The non-Federal 

entity’s records provided to a Federal 

agency generally will be subject to FOIA 

and applicable exemptions. 

■ 7. Amend § 75.414 by revising 

paragraphs (c)(1)(i) through (iii) and the 

first sentence of paragraph (f) to read as 

follows: 

§ 75.414 Indirect (F&A) costs. 

* * * * * 

(c) * * * 

(1) * * * 

(i) Indirect costs on Federal awards 

for training are limited to a fixed rate of 

eight percent of MTDC exclusive of 

tuition and related fees, direct 

expenditures for equipment, and 

subawards in excess of $25,000; 

(ii) Indirect costs on Federal awards to 

foreign organizations and foreign public 

entities performed fully outside of the 

territorial limits of the U.S. may be paid 

to support the costs of compliance with 

federal requirements at a fixed rate of 

eight percent of MTDC exclusive of 

tuition and related fees, direct 

expenditures for equipment, and 

subawards in excess of $25,000; and 

(iii) Negotiated indirect costs may be 

paid to the American University, Beirut, 

and the World Health Organization. 

* * * * * 

(f) In addition to the procedures 

outlined in the appendices in paragraph 

(e) of this section, any non-Federal 

entity that has never received a 

negotiated indirect cost rate, except for 

those non-Federal entities described in 

paragraphs (c)(1)(i) and (ii) of this 

section and section (D)(1)(b) of 

appendix VII to this part, may elect to 

charge a de minimis rate of 10% of 

modified total direct costs (MTDC) 

which may be used indefinitely. * * * 

* * * * * 

■ 8. Revise § 75.477 to read as follows: 

§ 75.477 Shared responsibility payments. 

(a) Payments for failure to maintain 

minimum essential health coverage. 

Any payments or assessments imposed 

on an individual or individuals 

pursuant to 26 U.S.C. 5000A(b) as a 

result of any failure to maintain 

minimum essential coverage as required 

by 26 U.S.C. 5000A(a) with respect to 

any period prior to January 1, 2019, are 

not allowable expenses under Federal 

awards from an HHS awarding agency. 

(b) Payments for failure to offer health 

coverage to employees. Any payments 

or assessments imposed on an employer 

pursuant to 26 U.S.C. 4980H as a result 

of the employer’s failure to offer to its 

full-time employees (and their 

dependents) the opportunity to enroll in 

minimum essential coverage under an 

eligible employer-sponsored plan are 

not allowable expenses under Federal 

awards from an HHS awarding agency. 

[FR Doc. 2021–00207 Filed 1–7–21; 4:15 pm] 

BILLING CODE 4150–24–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 20–36; FCC 20–156; FRS 

17258] 

Unlicensed White Space Device 

Operations in the Television Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission revises its rules to expand 

the ability of unlicensed white space 

devices to deliver wireless broadband 

services in rural areas and areas where 

fewer broadcast television stations are 

on the air. The Commission also 

modifies its rules to facilitate the 

development of new and innovative 

narrowband Internet of Things (IoT) 

devices in TV white spaces. Unlicensed 

white space devices operate in the VHF 

and UHF broadcast TV bands, a spectral 

region that has excellent propagation 

characteristics that are particularly 

attractive for delivering wireless 

communications services over long 

distances, varying terrain, and into and 

within buildings. The Commission 

adopts a number of changes to the white 

space device rules to spur continued 

growth of the white space ecosystem, 

especially for providing affordable 

broadband service to rural and unserved 

communities that can help close the 

digital divide, while at the same time 

protecting broadcast television stations 

in the band from harmful interference. 

DATES: Effective February 11, 2021, 

except for amendatory instruction 4.f. 

for § 15.709(g)(1)(ii), which is delayed. 

The Commission will publish a 

document in the Federal Register 

announcing the effective date. 


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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2279 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Van Tuyl, Office of Engineering 

and Technology, 202–418–7506, 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report and Order, FCC 20– 

156, ET Docket No. 20–36, adopted 

October 27, 2020 and released October 

28, 2020. The full text of this document 

is available for public inspection and 

can be downloaded at: https://

www.fcc.gov/document/fcc-increasesunlicensed-wireless-operations-tv-whitespaces-0 or by using the search function 

for ET Docket No. 20–36 on the 

Commission’s ECFS web page at 

www.fcc.gov/ecfs. 

Synopsis 

1. The Commission adopts targeted 

changes to the part 15 unlicensed device 

rules for white space devices in the TV 

bands to provide improved broadband 

coverage that will benefit American 

consumers in rural and underserved 

areas as well as to provide improved 

access to narrowband IoT applications 

that will benefit consumers and 

businesses while still protecting 

broadcast television stations from 

harmful interference. Specifically, the 

Commission permits higher EIRP 

(‘‘equivalent isotropically radiated 

power’’) and higher antenna HAAT 

(‘‘height above average terrain’’) for 

fixed white space devices in ‘‘less 

congested’’ geographic areas. In 

addition, the Commission permits 

higher power mobile operation within 

‘‘geo-fenced’’ areas in ‘‘less congested’’ 

areas. The Commission also adopts rule 

changes designed to facilitate the 

development of new and innovative 

narrowband IoT services. 

2. The Commission declines at this 

time to allow higher power operation by 

white space devices operating within 

the service contour of an adjacent 

channel TV station or to change the 

methodology it uses to protect 

authorized services within the TV 

bands. The changes the Commission 

adopts apply only to white space 

devices operating on TV channels 2–35. 

The Commission excludes channel 36 

from these changes based on the need to 

protect Wireless Medical Telemetry 

Service and Radio Astronomy Service 

operations on channel 37 (608–614 

MHz). 

Fixed White Space Devices in Rural 

Areas in the TV Bands 

3. The Commission adopts rule 

changes for fixed white space devices 

that operate in the TV bands to enable 

improved broadband service in rural 

areas and underserved areas. 

Specifically, in ‘‘less congested’’ areas 

the Commission increases the maximum 

permissible radiated power from 10 to 

16 watts EIRP, and increases the 

maximum permissible antenna HAAT 

from 250 meters to 500 meters. Because 

the higher power and increased antenna 

limits will expand the maximum 

transmission range of white space 

devices, they will be able to provide 

broadband service over larger areas. 

Given these revisions, the Commission 

is commensurately increasing the 

minimum required separation distances 

between white space devices operating 

at higher power/HAAT and protected 

services in the TV bands. 

Higher Power Limits 

4. Current rules permit fixed white 

space devices to operate on channels 2– 

36 with a 4 watts EIRP maximum in any 

area, provided the device meets 

minimum separation distances from cochannel and adjacent channel users in 

the band. In addition, a fixed white 

space device may operate with up to 10 

watts EIRP on channels 2–35 in ‘‘less 

congested’’ areas, defined as those areas 

where at least half the television 

channels in the band of operation are 

not in use, provided the fixed device 

complies with larger separation 

distances from other users in the band. 

Fixed white space devices are limited to 

one-watt maximum conducted 

transmitter power, requiring devices 

with radiated power levels above onewatt EIRP to use an antenna with 

directional gain, e.g., 6 dBi to produce 

4 watts EIRP, and 10 dBi to produce 10 

watts EIRP. 

5. In the notice of proposed 

rulemaking (85 FR 18901, April 3, 

2020), the Commission proposed to 

permit fixed devices to operate in the 

TV bands, up to channel 35, with a 

maximum 16 watts EIRP (42 dBm) in 

‘‘less congested’’ areas. The Commission 

proposed this change to permit fixed 

devices to reach users at greater 

distances in rural and other less 

congested areas, and thus enable 

improved broadband coverage at lower 

cost. The Commission proposed to 

maintain the one-watt transmitter 

conducted power limit for fixed devices 

and require instead that the higher 

power be achieved by using higher gain, 

more highly directional antennas to 

improve spectrum efficiency. The 

Commission proposed that in cases 

where an antenna with a gain higher 

than 12 dBi is used, the transmitter 

power must be reduced below one watt 

by the amount in dB that the antenna 

gain exceeds 12 dBi, in order to ensure 

that the EIRP from a fixed device does 

not exceed 16 watts EIRP. 

6. The Commission adopts its 

proposal to permit fixed white space 

devices to operate in the TV bands on 

channels 2–35 with a maximum 16 

watts EIRP (42 dBm) in ‘‘less congested’’ 

areas. The record generally supports this 

action, and as the Commission noted in 

the NPRM, this change will permit fixed 

devices used in ‘‘less congested’’ areas 

(including rural areas) to reach users at 

greater distances, thus enabling 

improved broadband coverage at less 

cost in these hard-to-reach areas. In 

addition, higher power will enable 

signals to better penetrate foliage, 

buildings, and other obstacles, thus 

providing improved coverage at 

locations where there is not a direct 

line-of-sight to the transmitter. The 

Commission also adopts its related 

proposals to maintain the transmitter 

conducted power limit of one watt, and 

to require that when an antenna with a 

directional gain of greater than 12 dB is 

used, the transmitter power must be 

reduced by the amount in dB that the 

antenna gain exceeds 12 dBi, thus 

ensuring that the maximum EIRP does 

not exceed 16 watts (42 dBm). 

7. The Commission limits higher 

power operation to ‘‘less congested’’ 

areas as proposed in the NPRM. This is 

consistent with the Commission’s 

actions in other white spaces 

proceedings in which it initially took a 

cautious approach when adopting white 

space rules. This limitation will also 

minimize the likelihood of any potential 

harmful interference to authorized 

services in the TV bands since there are 

fewer authorized services in ‘‘less 

congested,’’ typically rural, areas. The 

Commission therefore declines requests 

by Broadband Connects America 

Coalition and Public Interest Spectrum 

Coalition to allow higher power in all 

areas, not just ‘‘less congested’’ ones. 

8. Restricting higher power operations 

only to ‘‘less congested’’ areas will also 

limit the potential impact on users of 

unlicensed wireless microphones 

(which share use of unused TV channels 

but are not entitled to any interference 

protection from unlicensed white space 

devices). Higher power operation will 

be permitted only at locations where 

multiple vacant channels are available 

for use by varying types of unlicensed 

users. The Commission’s decision to 

limit the areas where higher power 

operations may occur should alleviate 

the concerns of wireless microphone 

operators about the potential impact 

that higher power white space devices 

would have on wireless microphone 

operations. 


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9. The Commission is not increasing 

the maximum permissible conducted 

transmitter power as requested by some 

parties. NAB opposes this request, 

arguing that greater conducted power 

levels will inevitably lead to inadvertent 

or intentional overpowered operation 

and increased potential for interference. 

The Commission finds that increasing 

conducted transmitter power limits 

could encourage the use of lower gain 

(i.e., less directional) antennas, resulting 

in less efficient spectrum use and also 

increasing the potential for causing 

harmful interference to licensees and 

protected users. Requiring the use of 

more highly directional antennas will 

ensure that less white space device 

energy is directed outside the main 

antenna beam than would be the case if 

higher radiated power were achieved 

using lower gain, less directional 

antennas. 

Higher Antenna Height Above Average 

Terrain Limits 

10. HAAT limit. The rules currently 

permit fixed white space devices to 

operate with a maximum 250-meter 

antenna HAAT. A white space database 

will not provide a list of available 

channels to a fixed white space device 

with an antenna HAAT that exceeds 250 

meters, and such devices are not 

permitted to operate. The Commission 

adopted this requirement to limit the 

distance over which the fixed white 

space devices would transmit and thus 

limit the distance at which harmful 

interference to other TV band users 

could occur. The antenna HAAT limit 

also precludes white space devices from 

operating at certain locations, e.g., those 

where the ground HAAT exceeds 250 

meters. In the White Spaces Order on 

Reconsideration, the Commission 

upheld its previous decision to maintain 

a 250-meter antenna HAAT limit but 

stated that it might consider increasing 

the limit in the future if there were a 

more complete record addressing 

whether higher HAAT could be 

permitted without causing harmful 

interference. 

11. In the NPRM, the Commission 

proposed to increase the maximum 

permissible antenna HAAT for fixed 

white space devices operating on 

channels 2–35 from 250 meters to 500 

meters and sought comment on 

appropriate procedures that may be 

necessary to ensure that broadcast 

operations and other entities in the TV 

bands are protected from harmful 

interference. The Commission noted 

that increasing permissible antenna 

HAAT would improve broadband 

coverage in rural areas by enabling 

signals to reach greater distances and 

enable fixed white space devices to 

operate at locations where they are not 

currently permitted due to the 250- 

meter HAAT limit, such as existing 

towers located at higher ground 

elevations. To protect Wireless Medical 

Telemetry Service and radio astronomy 

operations on channel 37, the 

Commission did not propose to permit 

operation with a higher HAAT in the 

adjacent channel 36. 

12. Several commenters—including 

Adaptrum, Broadband Connects 

America Coalition, Consumer 

Technology Association, Dynamic 

Spectrum Alliance, Microsoft, Public 

Interest Spectrum Coalition, RADWIN, 

RED Technologies, RTO Wireless, and 

the Wireless internet Service Providers 

Association (WISPA)—support the 

proposal to increase the maximum 

HAAT for fixed devices to 500 meters as 

a way of promoting expanded coverage. 

Broadband Connects America Coalition, 

Microsoft, Public Interest Spectrum 

Coalition, and Dynamic Spectrum 

Alliance also recommend allowing 

higher HAAT in all areas, not just ‘‘less 

congested’’ ones. 

13. As proposed, the Commission 

increases the HAAT limit for fixed 

white space devices that operate in the 

TV bands on channels 2–35 from 250 to 

500 meters in ‘‘less congested’’ areas. As 

with the Commission decision to 

increase the maximum power allowed 

for fixed white space devices, this 

change will permit fixed devices used in 

‘‘less congested,’’ including rural, areas 

to reach users at greater distances, thus 

enabling improved broadband coverage 

at less cost in these hard-to-reach areas. 

This change will also increase the 

number of locations where fixed white 

space devices can operate since it will 

permit white space device operators to 

use sites where the HAAT of the ground 

exceeds 250 meters, which would have 

been precluded under the current rules. 

Many parties support this change. 

14. While the Commission recognizes 

that some parties request that it not 

limit this higher HAAT to ‘‘less 

congested’’ areas, the Commission 

believes that a more cautious approach 

is appropriate at this time due to the 

significant increase in HAAT it is 

allowing and the potential for harmful 

interference at greater distances, as 

noted by Smith and Fisher. Therefore, 

consistent with the Commission’s 

actions increasing the maximum power 

limit for fixed white space devices, the 

Commission is restricting operation of 

white space devices with an HAAT of 

greater than 250 meters to ‘‘less 

congested’’ areas where fewer 

authorized services and protected 

entities are expected to be operating in 

the TV bands. Relatedly, because there 

are expected to be fewer authorized 

services and protected entities operating 

in ‘‘less congested’’ areas, the 

Commission expects that the separation 

distances between white space devices 

and authorized services and protected 

entities to generally be greater. This 

combination of fewer potential 

interactions between white space 

devices and authorized services and 

protected entities and greater distance 

separation minimizes the potential for 

harmful interference to such services. 

Moreover, these white space devices are 

still required to operate pursuant to the 

channel availability and power levels 

provided by a white space database 

which is designed to ensure that 

harmful interference does not occur. 

While wireless microphone interests 

express concerns about the impact of 

increased HAAT on unlicensed wireless 

microphone operations, restricting 

higher HAAT operations to ‘‘less 

congested’’ areas will serve to limit any 

impact on users of unlicensed wireless 

microphones since by definition these 

areas have multiple vacant TV channels 

(i.e., at least half) available for use by 

other types of unlicensed operations. 

The Commission also notes that the 

rules do not provide harmful 

interference protection between 

unlicensed devices. However, because 

fixed white space device locations are 

registered in a database, unlicensed 

wireless microphone users have the 

ability to check the database and avoid 

using channels where a higher 

probability of harmful interference is 

predicted. In addition to limiting the 

use of high HAAT to ‘‘less congested’’ 

areas, as discussed in more detail below, 

the Commission is increasing the 

required separation distances between 

white space devices operating with 

higher HAAT and co-channel and 

adjacent channel TV contours to further 

minimize the likelihood of harmful 

interference. 

15. Coordination procedure with 

licensees. The Commission sought 

comment on whether to require a 

coordination procedure between white 

space device operators and broadcast 

licensees when fixed white space 

devices operate with an HAAT 

exceeding 250 meters. In particular, the 

Commission requested comment on 

Microsoft’s suggested coordination 

procedure comprised of several steps, 

including notifying a white space 

database administrator, notifying 

broadcast licensees, operating on a test 

basis on a 30-day trial authorization, as 

well as a process to submit claims of 

harmful interference, investigate such 


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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2281 

claims, and upon satisfactorily 

addressing any such claims, permit 

authorization on a permanent basis. The 

Commission expressed concern about 

the complexity of Microsoft’s suggested 

coordination procedure and whether 

such a procedure is even warranted 

given the existing obligations of 

unlicensed devices to protect authorized 

radio services and other protected users. 

The Commission also sought comment 

on a simpler alternative to this 

procedure. Specifically, the Commission 

sought comment on whether a party 

wishing to operate a fixed white space 

device at an HAAT greater than 250 

meters should be required to notify 

potentially affected, protected entities of 

their intended operation at least 48 

hours in advance. The notification 

would include the prospective white 

space device operator’s contact 

information, geographic coordinates of 

the antenna, antenna height above 

ground and average terrain, EIRP and 

channel(s) of operation. For notification 

purposes, a potentially affected TV 

station would be defined consistent 

with Microsoft’s proposal, i.e., a station 

would receive notification if its 

broadcast contour was within the 

separation distance corresponding to an 

assumed HAAT 50 meters higher than 

the actual deployment. 

16. Adaptrum, Microsoft, and WISPA 

support the more streamlined 

coordination procedure with 

broadcasters that the Commission 

proposed in the NPRM. RADWIN, RED 

Technologies, and Dynamic Spectrum 

Alliance assert that no coordination 

procedure is necessary since unlicensed 

device operators already have an 

obligation to not interfere with 

authorized services, although RED 

Technologies states that it supports the 

Commission’s proposed coordination 

procedure if one is required. 

17. The Commission adopts the 

simpler procedures proposed in the 

NPRM, except it will require that 

notifications be made four calendar days 

in advance of operating at an increased 

HAAT, in response to concerns raised 

by some parties that 48 hours is not 

sufficient notice. The Commission 

requires this coordination procedure 

because white space devices operating 

at high HAAT have the potential to 

interfere with TV reception at large 

distances. Several parties support this 

simpler procedure, which will ensure 

that TV broadcasters are aware of new 

white space device operations with high 

HAAT that have the potential to affect 

broadcast operations at greater 

distances. This procedure provides an 

opportunity for TV broadcasters to work 

with white space system operators to 

address any concerns regarding 

potential harmful interference 

situations. 

18. Parties operating white space 

devices on an unlicensed basis have an 

ongoing obligation under the rules to 

cease operation if harmful interference 

occurs to any authorized service. The 

complex multi-step procedure, 

including a 30-day trial period, initially 

suggested by Microsoft and supported 

by NAB is therefore unnecessary. For 

example, requiring a 30-day trial period 

appears unnecessary since the 

unlicensed device operating parameters 

(location, channel, power, and antenna 

height) during a trial period would be 

no different than those planned for 

normal operation of the device. In 

addition, parties who believes that an 

unlicensed device is causing harmful 

interference may report this occurrence 

to the Commission and unlicensed 

device operator at any time, so there 

appears to be no need to require a 

specific time period for reporting and 

investigating interference complaints. 

An unlicensed device that causes 

harmful interference to an authorized 

service must cease operation regardless 

of whether the interference was found 

during the first 30 days of operation or 

sometime later. 

19. As proposed in the NPRM, the 

Commission requires that when a party 

plans to operate a fixed white space 

device with an HAAT greater than 250 

meters, it must contact a white space 

database and identify all TV broadcast 

station contours that would be 

potentially affected by operation at the 

planned HAAT and EIRP. The 

Commission will define a potentially 

affected TV station as one where the 

protected service contour would be 

within the applicable separation 

distance if the white space device were 

operating at an HAAT of 50 meters 

above the planned HAAT at the 

proposed power level. The Commission 

will also require that the installing party 

notify each of these broadcast licensees 

and provide the geographic coordinates 

of the white space device, relevant 

technical parameters of the proposed 

deployment, and contact information. 

The Commission will permit this 

process to be automated through the 

white space database, with notifications 

sent to a TV station licensee’s address 

of record with the Commission. The 

white space device may commence 

operations no earlier than four days 

after the notification. 

20. The Commission believes that 

increasing the notification period from 

two to four days balances broadcasters’ 

concerns regarding having sufficient 

time to review proposed white space 

device operations when operating at 

high HAATs and the need for white 

space device operators to begin 

providing service. Because these white 

space devices are restricted to ‘‘less 

congested’’ areas, the Commission does 

not expect broadcasters to be overloaded 

with notification requests. Also, because 

device installation must generally be 

planned in advance, the four-day 

requirement should not unduly delay 

new broadband service to rural and 

underserved areas. 

21. The Commission also adopts the 

other elements of the coordination 

procedure proposed in the NPRM. 

Specifically, the Commission will 

require that, upon request, the installing 

party must provide each potentially 

affected licensee with information on 

the time periods of operations. This will 

help licensees investigate alleged 

harmful interference from white space 

devices. The Commission will also 

require that if the installing party seeks 

to modify its fixed operations by (i) 

increasing its power level, (ii) moving 

more than 100 meters horizontally from 

its location, or (iii) making an increase 

in the HAAT or EIRP of the white space 

device that results in an increase in the 

minimum required separation distances 

from co-channel or adjacent channel TV 

station contours, then it must conduct a 

new coordination. This requirement 

will ensure that TV broadcast licensees 

have the most current information on 

white space device operations. The 

Commission selects 100 meters as the 

minimum change in location for which 

a new coordination is required since the 

tables of separation distances from TV 

station contours are rounded to the 

nearest 0.1 kilometer (100 meters). The 

Commission see no benefits in requiring 

a new coordination for changes less 

than 100 meters. 

22. The Commission declines to 

require parties planning to operate 

white space devices with an HAAT 

above 250 meters to notify public safety 

or wireless microphone licensees prior 

to commencing operation, as requested 

by NPSTC, Sennheiser, and Shure. 

Their services are very different from 

broadcast TV. In the case of broadcast 

TV, white space devices must protect a 

consumer receive-only service with very 

weak signal levels at long distances 

from the transmitter. By contrast, public 

safety licensees operate two-way voice 

and data systems, generally operate with 

much higher signal levels than those a 

consumer receives at the edge of a TV 

contour and could increase power if 

necessary. Wireless microphones also 

operate at significantly higher signal 

levels than those at the edge of a TV 

contour. In addition, the required 


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2282 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

separation distances from licensed 

wireless microphones are much shorter 

than those for broadcast TV and are in 

fact shorter than the distances over 

which HAAT is calculated (3 to 16 

kilometers). Therefore, the Commission 

believes it is unnecessary to notify 

wireless microphone licensees of nearby 

white space devices operating at high 

HAAT since the HAAT is undefined at 

the wireless microphone’s location. 

23. Antenna height above ground. The 

Commission previously increased the 

maximum permissible antenna height 

above ground from 30 meters to 100 

meters in ‘‘less congested’’ areas in the 

White Spaces Order on Reconsideration 

(84 FR 34792, July 19, 2019). It took this 

action to improve wireless broadband 

service to Americans in rural and other 

underserved areas, and stated that a 

100-meter antenna height above ground 

limit will benefit wireless broadband 

providers and users by permitting 

antennas to be mounted on towers or 

other structures at heights sufficient to 

clear intervening obstacles such as trees 

and hills that would attenuate the 

transmitted signal, thereby increasing 

the range at which the signal can be 

received. 

24. In the NPRM, the Commission 

sought comment on whether to increase 

the antenna height above ground limit 

in addition to the HAAT limit, noting 

that antenna heights above ground and 

average terrain are directly related, in 

that any change to a device’s antenna 

height above ground changes its HAAT 

by the same amount. The Commission 

further noted that limiting the antenna 

height above ground may also limit the 

maximum achievable HAAT in areas 

where the terrain is flat since in those 

areas the HAAT will be approximately 

the same as, or not significantly higher 

than, the antenna height above ground. 

This means that the antenna height 

above ground limit (30 or 100 meters) 

may preclude white space device 

operators from taking advantage of a 

higher HAAT limit, or even the current 

250-meter limit. The Commission 

sought comment on whether it should 

increase the antenna height above 

ground limit or remove it completely 

and rely only on HAAT since the 

separation distances from protected 

services are based on HAAT. The 

Commission also sought comment on 

whether modified rules should apply 

across the entire U.S. or only in certain 

areas, such as ‘‘less congested’’ areas. 

25. The Commission eliminates the 

requirement that a fixed device’s 

antenna height above ground may not 

exceed 30 meters generally or 100 

meters in ‘‘less congested’’ areas. 

Several parties support eliminating this 

requirement opining that it is 

unnecessary. As the Commission noted 

in the NPRM, the separation distances 

from protected services are based on the 

antenna HAAT, and the HAAT already 

takes into account the antenna height 

above ground. Therefore, there does not 

appear to be a need for a separate 

antenna height above ground limit, and 

limiting the height above ground can 

unnecessarily limit the maximum 

achievable HAAT. CP Communications 

and Sennheiser assert that the 

Commission has previously concluded 

that there is no general need to mount 

an antenna higher than the current limit 

to avoid shadowing by trees or other 

obstructions and that the current limit 

should therefore not be changed. The 

Commission acknowledges that it did 

decide in the 2015 White Spaces Order 

(80 FR 73044, Nov. 23, 2015) that there 

was no need for a higher antenna height 

above ground limit. However, upon 

further consideration the Commission 

reversed its decision and decided that 

there was a need to increase this limit 

in ‘‘less congested’’ areas in the 2019 

White Spaces Order on Reconsideration. 

In that proceeding, the Commission 

stated ‘‘that real world experience has 

sufficiently demonstrated that 

increasing the allowable height above 

ground would be beneficial for 

operators in less congested areas’’ and 

that such a change would not increase 

the potential to cause harmful 

interference to other users. In that same 

White Spaces Order on Reconsideration, 

the Commission noted Sennheiser’s 

concern about potential interference to 

wireless microphones from a higher 

height limit, but concluded that limiting 

higher antenna height to less congested 

areas, where there are many vacant 

channels, ensures there will be 

sufficient spectrum resources in these 

areas for multiple spectrum users. 

Finally, the Commission notes that no 

party provided specific information or 

analysis in response to the NPRM 

showing that there is actually a need to 

retain an antenna height above ground 

limit. 

26. However, the Commission is not 

removing the 10-meter height above 

ground limit that applies to fixed white 

space devices operating within the 

protected contours of adjacent channel 

TV stations since the NPRM did not 

seek comment on changing that limit 

and no party indicated a need to do so. 

That height limit could be addressed at 

a future date. 

Separation Distances 

27. The Commission increases the 

minimum required separation distances 

between white space devices operating 

at higher power and HAAT and the 

following services in the TV bands: (1) 

Broadcast television services, including 

low power; (2) receive sites of TV 

translators, low power TV stations, 

Class A TV stations, Multichannel 

Video Programming Distributors 

(MVPDs), and Broadcast Auxiliary 

Service (BAS) facilities; (3) private land 

mobile radio services and commercial 

mobile radio services (PLMRS/CMRS), 

and (4) licensed low power auxiliary 

service (LPAS) stations, including 

licensed wireless microphones. The 

increases the Commission adopts will 

protect these services from potentially 

receiving harmful interference as a 

result of expanded white space device 

operating parameters. 

28. Broadcast television services, 

including low power. In the NPRM, the 

Commission proposed to expand the 

existing tables of minimum separation 

distances from broadcast television 

protected contours (both co-channel and 

adjacent channel) to include additional 

entries for fixed white space device 

operation at up to 500 meters HAAT 

and 42 dBm EIRP. No party argued that 

the proposed separation distances from 

co-channel and adjacent channel TV 

station protected contours are 

inadequate to prevent interference to TV 

reception. However, several parties 

request that the Commission 

significantly change the methodology 

used to protect services in the TV bands. 

Dynamic Spectrum Alliance, WISPA, 

and Public Interest Spectrum Coalition 

argue that the Commission should 

determine white space channel 

availability using a terrain-based model, 

such as the Longley-Rice Irregular 

Terrain Model, which they assert will 

determine channel availability more 

accurately than the overly conservative 

current contour-based model. NAB and 

Sennheiser, however, oppose using the 

Longley-Rice model due to concerns 

about its accuracy in protecting TV 

receivers and because it may slow 

operation of the white space database. 

29. The Commission adopts the 

updated tables of separation distances 

from TV contours proposed in the 

NPRM. As noted, NAB supported these 

proposed separation distances in its 

comments to Microsoft’s petition. In 

addition, the Commission adds a row at 

the end of each table (co-channel and 

adjacent channel) to include separation 

distances for white space devices with 

HAAT values over 500 meters and up to 

550 meters, which will be used only for 

the purpose of determining which TV 

broadcast stations must be notified 

when a white space device operates 

with an HAAT of more than 450 meters 

and up to 500 meters. 


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Fixed white space devices 

Antenna height above 

average terrain of 

unlicensed devices 

(meters) 

Required separation in kilometers from co-channel digital or analog TV 

(full service or low power) protected contour * 

16 dBm 

(40 mW) 

20 dBm 

(100 mW) 

24 dBm 

(250 mW) 

28 dBm 

(625 mW) 

32 dBm 

(1,600 mW) 

36 dBm 

(4 W) 

40 dBm 

(10 W) 

42 dBm 

(16 W) 

Less than 3 ...................... 1.3 1.7 2.1 2.7 3.3 4.0 4.5 5.0 

3–10 ................................. 2.4 3.1 3.8 4.8 6.1 7.3 8.5 9.4 

10–30 ............................... 4.2 5.1 6.0 7.1 8.9 11.1 13.9 15.3 

30–50 ............................... 5.4 6.5 7.7 9.2 11.5 14.3 19.1 20.9 

50–75 ............................... 6.6 7.9 9.4 11.1 13.9 18.0 23.8 26.2 

75–100 ............................. 7.7 9.2 10.9 12.8 17.2 21.1 27.2 30.1 

100–150 ........................... 9.4 11.1 13.2 16.5 21.4 25.3 32.3 35.5 

150–200 ........................... 10.9 12.7 15.8 19.5 24.7 28.5 36.4 39.5 

200–250 ........................... 12.1 14.3 18.2 22.0 27.3 31.2 39.5 42.5 

250–300 ........................... 13.9 16.4 20.0 23.9 29.4 35.4 42.1 45.9 

300–350 ........................... 15.3 17.9 21.7 25.7 31.4 37.6 44.5 48.4 

350–400 ........................... 16.6 19.3 23.2 27.3 33.3 39.7 46.9 51.0 

400–450 ........................... 17.6 20.4 24.4 28.7 35.1 41.9 49.4 53.8 

450–500 ........................... 18.3 21.4 25.5 30.1 36.7 43.7 51.4 55.9 

500–550 ........................... 18.9 21.8 26.3 31.0 37.9 45.3 53.3 57.5 

Fixed White space devices 

Antenna height above average 

terrain of unlicensed devices 

(meters) 

Required separation in kilometers from adjacent channel digital or analog TV 

(full service or low power) protected contour* 

20 dBm 

(100 mW) 

24 dBm 

(250 mW) 

28 dBm 

(625 mW) 

32 dBm 

(1,600 mW) 

36 dBm 

(4 W) 

40 dBm 

(10 W) 

42 dBm 

(16 W) 

Less than 3 .............................................. 0.1 0.1 0.1 0.1 0.2 0.2 0.3 

3–10 ......................................................... 0.1 0.2 0.2 0.2 0.3 0.4 0.5 

10–30 ....................................................... 0.2 0.3 0.3 0.4 0.5 0.6 0.7 

30–50 ....................................................... 0.3 0.3 0.4 0.5 0.7 0.8 1.0 

50–75 ....................................................... 0.3 0.4 0.5 0.7 0.8 0.9 1.0 

75–100 ..................................................... 0.4 0.5 0.6 0.8 1.0 1.1 1.3 

100–150 ................................................... 0.5 0.6 0.8 0.9 1.2 1.3 1.5 

150–200 ................................................... 0.5 0.7 0.9 1.1 1.4 1.5 1.7 

200–250 ................................................... 0.6 0.8 1.0 1.2 1.5 1.7 1.9 

250–300 ................................................... 0.7 0.8 1.0 1.3 1.6 2.1 2.3 

300–350 ................................................... 0.7 0.9 1.1 1.4 1.8 2.2 2.4 

350–400 ................................................... 0.8 1.0 1.2 1.5 1.9 2.4 2.7 

400–450 ................................................... 0.8 1.0 1.3 1.6 2.1 2.6 2.9 

450–500 ................................................... 0.8 1.1 1.4 1.7 2.1 2.7 2.9 

500–550 ................................................... 0.9 1.2 1.5 1.8 2.2 2.8 3.0 

30. The Commission declines at this 

time to alter the current method of 

protecting TV stations (i.e., minimum 

separation distances outside of defined 

protected contours) by changing to a 

terrain-based model as requested by 

some parties. The Commission did not 

propose to make this change in the 

NPRM. However, it recognizes parties’ 

arguments that more sophisticated 

propagation models could possibly 

identify unused TV spectrum more 

accurately than the current contourbased model while still protecting TV 

service from harmful interference. 

31. Receive sites of TV translators, 

low power TV stations, Class A TV 

stations, MVPDs, and BAS facilities. In 

the NPRM, the Commission proposed to 

modify the keyhole-shaped exclusion 

zone around receive sites where white 

space devices may not operate. For fixed 

devices operating with an EIRP of 

greater than 10 watts, the Commission 

proposed to increase the minimum 

required separation distance from the 

receive site from 10.2 kilometers to 16.6 

kilometers co-channel, and from 2.5 

kilometers to 3.5 kilometers adjacent 

channel, over an arc of more than ±30 

degrees outside the main lobe of the 

receive antenna. The Commission 

proposed no changes to the minimum 

required separation distances from a 

receive site (80 kilometers co-channel 

and 20 kilometers adjacent channel) 

within a ±30 degrees arc in the main 

lobe of the receive antenna. No party 

argued that the proposed changes are 

insufficient to protect these receive sites 

from higher power white space device 

operation. As such, the Commission 

adopts its proposal. 

32. Private land mobile radio services 

and commercial mobile radio services 

(PLMRS/CMRS). The Commission 

proposed to increase the minimum 

required separation distances between 

fixed white space devices operating at 

greater than 10 watts EIRP and PLMRS/ 

CMRS operations, which include public 

safety operations, on TV channels 14–20 

(the T-Band) in 11 major markets and in 

some additional areas under rule 

waivers. In the 11 markets where 

PLMRS/CMRS stations are permitted to 

operate in the TV bands, the 

Commission proposed to increase the 

minimum required separation distance 

beyond the defined city center 

coordinates from 136 kilometers to 

139.2 kilometers co-channel, and from 

131.5 kilometers to 132.2 kilometers 

adjacent channel. The Commission also 

proposed to increase the minimum 

separation distance from PLMRS/CMRS 

base stations operating under a waiver 

outside the 11 markets from 56 

kilometers to 59.2 kilometers co-channel 

and from 51.3 kilometers to 52.2 

kilometers adjacent channel. NPSTC 

argues that these proposed separation 


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distances need to be increased to reflect 

both the higher power and the higher 

HAAT proposed and provided a table of 

recommended separation distances. 

33. The Commission will increase the 

proposed separation distances between 

PLMRS/CMRS operations and fixed 

white space devices operating with an 

HAAT of greater than 250 meters to 

properly reflect the increase in HAAT of 

up to 500 meters the Commission is 

permitting in ‘‘less congested’’ areas. No 

party objected to NPSTC’s suggested 

separation distances, and the 

Commission believes that they will 

adequately protect PLMRS/CMRS 

operations from white space device 

operations at the higher power and 

HAAT levels the Commission is 

permitting. However, the Commission 

also recognizes Microsoft’s suggestion 

that if the separation distances to 

protect PLMRS/CMRS are increased, 

they should be provided on a stepped 

basis, rather than based on the 

assumption that all white space devices 

operate at a maximum HAAT of 500 

meters, to avoid needlessly making 

areas off limits to white space devices. 

The Commission agrees that this 

approach will maximize the amount of 

spectrum available for white space 

devices while protecting the PLMRS/ 

CMRS from white space devices 

operating at higher power and antenna 

heights. The Commission will therefore 

specify protection distances for the 

PLMRS/CMRS for three power level 

ranges (i.e., up to 4 watts EIRP, greater 

than 4 and up to 10 watts EIRP, and 

greater than 10 watts and up to 16 watts 

EIRP), and for two ranges of HAAT (i.e., 

up to 250 meters, and greater than 250 

meters and up to 500 meters). The 

Commission adopts the proposed 

separation distances for the lower 

HAAT range, and NPSTC’s suggested 

separation distances for the higher 

HAAT range. 

34. In the T-Band NPRM (85 FR 

46047, July 31, 2020), the Commission 

sought comment on reallocating T-Band 

spectrum, assigning new licenses by 

auction for that spectrum in each of the 

11 markets areas where the PLMRS/ 

CMRS currently operates, and relocating 

‘‘public safety eligibles’’ from this band. 

The Commission proposed rules that 

would allow for flexible use in the 

auctioned T-Band, including wireless 

use, and also proposed to permit 

broadcast operations. If the Commission 

adopts rules to allow new types of 

licensed services in the T-Band, white 

space devices would operate on a noninterference basis to them as they do 

with the current PLMRS/CMRS services 

in the bands. To the extent that any 

future services in the T-Band have a 

different potential for receiving 

interference than the PLMRS/CMRS, the 

Commission may need to adjust the 

minimum separation distances that 

white space devices must meet. 

35. The following two tables show the 

minimum required separation distances 

from the 11 metropolitan areas where 

the PLMRS/CMRS can operate in the TV 

bands, and from PLMRS/CMRS 

operations authorized under waivers of 

the rules. 

White space device transmitter power 

Required separation in kilometers from the areas specified in § 90.303(a) 

of this chapter 

Co-channel operation Adjacent channel operation 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 4 watts EIRP .................................................................. 134.0 158.0 131.0 155.4 

Greater than 4 watts and up to 10 watts EIRP ....................... 136.0 169.8 131.5 166.0 

Greater than 10 watts and up to 16 watts EIRP ..................... 139.2 171.1 132.2 166.2 

White space device transmitter power 

Required separation in kilometers from operations authorized by waiver 

outside of the areas specified in § 90.303(a) of this chapter 

Co-channel operation Adjacent channel operation 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 4 watts EIRP .................................................................. 54.0 78.0 51.0 75.4 

Greater than 4 watts and up to 10 watts EIRP ....................... 56.0 89.8 51.5 86.0 

Greater than 10 watts and up to 16 watts EIRP ..................... 59.2 91.1 52.2 86.2 

36. LPAS stations, including licensed 

wireless microphones. The Commission 

proposed an increase from one 

kilometer to 1.3 kilometers in the 

minimum required separation distance 

between fixed white space devices 

operating with greater than 10 watts 

EIRP and registered licensed wireless 

microphones. Sennheiser and Shure 

argue that the proposed separation 

distances to protect licensed wireless 

microphones should be increased, and 

they provided a table of recommended 

distances. Microsoft, however, argues 

that there is no need to increase the 

separation distances in the manner 

Sennheiser and Shure proposes. 

37. The Commission increases the 

minimum required separation distance 

between fixed white space devices 

operating with a power level greater 

than 10 watts EIRP and licensed 

wireless microphones as proposed in 

the NPRM. This will provide the same 

level of protection to wireless 

microphones as the current rules based 

on a conservative free space propagation 

model. 

38. The Commission declines to 

require even greater separation 

distances from wireless microphones as 

suggested by Sennheiser and Shure. The 

Commission first notes that no party 

challenged its 2015 decision to increase 

the maximum power for fixed white 

space devices to 10 watts in ‘‘less 

congested’’ areas without also 

increasing the one-kilometer separation 

distance from wireless microphones. 

The Commission also notes that it did 

not propose to increase the existing onekilometer separation distance in the 

NPRM, and it believes that it would be 

inappropriate in these circumstances to 

take such an action based on this record. 

As a separate and independent basis for 

its decision, the Commission does not 

believe that Sennheiser’s suggested 

increased separation distances for 

higher HAAT operations are 

appropriate. HAAT is defined and 

calculated along radials at a distance of 

three to 16 kilometers from a transmitter 


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site, i.e., HAAT is not defined for 

distances less than three kilometers. The 

majority of Sennheiser’s suggested 

separation distances are at distances of 

less than three kilometers, which is 

shorter than the distance (3–16 

kilometers) over which HAAT is 

defined. Moreover, because higher 

HAAT operations are expected to be 

coupled with higher power operations 

to reach greater distances, the rules 

require use of a directional antenna 

which will both direct energy towards 

the horizon (rather than downward) and 

minimize the energy outside the main 

beam. This, in effect, will minimize 

white space signal strength at nearby 

wireless microphones. Thus, the 

Commission does not believe there 

would be any benefit to wireless 

microphones by increasing the 

separation distance requirements. In 

fact, the directional antenna 

requirement may actually provide a 

better operating environment for 

wireless microphones in such 

situations. 

Definition of ‘‘Less Congested’’ Area 

39. In the NPRM, the Commission 

sought comment on whether any 

changes are necessary to the definition 

of ‘‘less congested’’ area given that many 

of the proposals were limited to those 

areas. ‘‘Less congested’’ locations are 

typically rural or semi-rural areas and 

are defined as those where at least half 

of the TV channels within a device’s 

particular TV sub-band of operation 

(i.e., the low VHF (channels 2–6), the 

high VHF (channels 7–13), or the UHF 

(channels 14–36) band) are unused for 

broadcast and other protected services 

and are available for white space device 

use. The Commission sought comment 

on whether the current definition is still 

appropriate, and if not, what the 

appropriate metric for defining ‘‘less 

congested’’ area would be. In addition, 

because the number of vacant channels 

at a location can vary based on the EIRP 

and HAAT of a white space device, the 

Commission sought comment on 

whether it should define vacant 

channels depending on particular 

antenna height and power level. 

40. The Commission will continue to 

define ‘‘less congested’’ areas as those 

where at least half of the TV channels 

in the bands that will continue to be 

allocated and assigned only for 

broadcast service are unused for 

broadcast and other protected services 

and available for white space device 

use. Areas where the spectrum is less 

congested generally correspond to rural 

and unserved areas that will benefit 

from improved broadband coverage, and 

the current definition provides a simple 

way for the white space database to 

identify these areas where the 

Commission permits higher power and 

antenna heights to improve broadband 

coverage. In addition, in areas where the 

spectrum is less congested, there is less 

likelihood that white space devices 

operating at higher power and antenna 

heights will cause interference to 

protected services in the TV band. The 

Commission agrees with wireless 

microphone operators that the current 

definition should be retained because 

spectrum is a scarce resource and it is 

therefore appropriate to base the 

definition on how much spectrum is 

available at a given location rather than 

population density. 

41. Shure states that to the extent 

there are concerns about accounting for 

the number of vacant channels with 

variations in white space device EIRP 

and HAAT, the Commission can address 

this by defining vacant channels at a 

particular antenna height and power 

level. While no party suggested a 

specific white space device EIRP and 

HAAT that should be used in 

determining TV channel availability, the 

Commission notes that it stated in the 

2015 White Spaces Order that vacant 

channels would be defined as those 

available for fixed white space devices 

operating with an EIRP of 40 milliwatts 

and an HAAT of 3 meters, although it 

did not codify this decision. Since no 

party suggested specific criteria for 

determining channel availability in 

response to the NPRM, the Commission 

retains and codifies its 2015 decision by 

specifying the power and antenna 

heights used to determine TV channel 

availability in the definition of ‘‘less 

congested’’ area in § 15.703. 

42. In addition, the Commission 

clarifies the definition of ‘‘less 

congested’’ area by codifying its 

decision in the 2015 White Spaces 

Order that ‘‘less congested’’ areas are 

calculated by the white space database 

in the three TV bands separately: The 

low VHF band (channels 2–6), the high 

VHF band (channels 7–13) and the UHF 

band (channels 14–36). The 

Commission declines to significantly 

modify the definition of ‘‘less 

congested’’ areas as suggested by some 

parties. For the reasons described above, 

the Commission finds that the current 

definition, with certain modifications, is 

the appropriate metric for determining 

which areas are ‘‘less congested’’. The 

Commission also declines Dynamic 

Spectrum Alliance’s request to modify 

the definition of ‘‘less congested’’ area 

to consider all TV bands together (low 

VHF, high VHF and UHF) in 

determining vacant channel availability 

and whether an area qualifies as less 

congested. The higher frequency UHF 

TV band (470–608 MHz) is more heavily 

used by TV stations, white space 

devices, and wireless microphones than 

the lower frequency VHF TV bands (54– 

72 MHz, 76–88 MHz and 174–216 MHz) 

due to factors such as the shorter radio 

wavelengths and smaller required 

antennas. Moreover, because the TV 

bands are not contiguous, determining 

‘‘less congested’’ areas based on 

considering all TV bands together may 

not produce a result that is 

representative of the actual spectrum 

congestion in the specific band where a 

white space device will operate. Thus, 

the Commission believes it is 

appropriate to continue determining 

‘‘less congested’’ areas on a band-byband approach, rather than by 

considering all TV bands together. 

Higher Power Mobile Operation Within 

‘‘Geo-Fenced’’ Areas 

43. The white space rules permit two 

general classes of devices: Fixed and 

personal/portable, with personal/ 

portable devices further subdivided into 

two types: Mode I and Mode II. Fixed 

and Mode II personal/portable devices 

must incorporate a geo-location 

capability to determine their 

coordinates and access a database to 

determine the available channels at 

those specific coordinates. The current 

rules permit fixed white space devices 

to operate with up to 4 watts EIRP 

generally, and up to 10 watts in ‘‘less 

congested’’ areas, which the 

Commission is increasing to 16 watts as 

discussed above. Personal/portable 

devices may operate with a maximum 

EIRP of 100 milliwatts. A Mode II 

personal/portable device must re-check 

its coordinates every 60 seconds and 

contact the database for an updated list 

of available channels if it changes 

location by more than 100 meters. 

Additionally, Mode II personal/portable 

devices may load channel availability 

information for multiple locations from 

the white space database and use that 

information to define a geographic area 

within which it can operate on a mobile 

basis (on the same available channels at 

all locations within that geographic 

area); the device must contact the 

database again, however, if it moves 

beyond the boundary of the area where 

the channel availability information is 

valid. No device manufacturers or 

database systems have yet implemented 

this provision. 

44. In the NPRM, the Commission 

proposed to allow white space devices 

to operate on TV channels 2–35 on 

mobile platforms within geo-fenced 

areas at higher power levels than the 

rules currently permit for personal/ 


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2286 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

portable devices, and proposed to limit 

such operations to ‘‘less congested’’ 

areas to limit their potential for causing 

harmful interference. The Commission 

proposed to permit a higher power 

Mode II white space device installed on 

a movable platform to load channel 

availability information for multiple 

locations in the vicinity of its current 

location and to use that information to 

define a geo-fenced area within which it 

can operate on the same available 

channels at all locations. The 

Commission also proposed to require 

that the white space device’s location be 

checked at least once every 60 seconds 

while in operation (unless in ‘‘sleep’’ 

mode). The Commission further 

proposed that a device may not use 

channel availability information for 

multiple locations if or when it moves 

closer than 1.6 kilometers to the 

boundary of the geo-fenced area in 

which the device operates, or at any 

point outside that boundary; this 

requirement would ensure that a device 

moving at 60 miles per hour (1.6 

kilometers per minute) does not cross 

outside the boundary between device rechecks of its location. Additionally, the 

Commission proposed to prohibit 

operation on board aircraft or satellites 

to limit the range at which harmful 

interference could occur. 

45. The Commission sought comment 

on a number of equipment issues for 

higher power geo-fenced mobile 

operations, including whether to permit 

fixed devices to operate on mobile 

platforms, the antenna and equipment 

authorization requirements that should 

apply, and whether the Commission 

should establish a new class of higher 

power mobile device to distinguish such 

devices from personal/portable white 

space devices. The Commission also 

sought comment on other requirements 

for higher power mobile white space 

devices, including whether to place 

limitations on the size of the area over 

which a geo-fenced mobile device could 

operate, the appropriate maximum 

power, whether there is a need to 

specify how information on an area will 

be provided to the white space database, 

and any other safeguards needed to 

ensure that higher power mobile devices 

do not cause harmful interference to 

protected operations. The Commission 

further sought comment on whether 

there is a need to prohibit operation on 

other mobile platforms such as trains 

and boats. 

46. The Commission permits the 

operation of higher power mobile 

devices within defined geo-fenced areas 

in ‘‘less congested’’ areas, as proposed 

in the NPRM. A number of parties 

support this change, stating that it will 

benefit Americans in rural and 

underserved areas by permitting new 

agricultural applications and enabling 

broadband communications with 

moving vehicles such as school buses. 

The Commission implements this 

change by establishing a new class of 

higher power mobile white space 

device, rather than by modifying the 

Mode II personal/portable device rules 

as proposed in the NPRM and supported 

by Shure and Sennheiser, or by allowing 

fixed devices to operate on mobile 

platforms as suggested by Microsoft in 

its petition and supported by RED 

Technologies. The Commission agrees 

with commenters that establishing a 

new class of mobile white space device 

would be simpler than modifying the 

Mode II personal/portable device rules 

to permit higher power operation, and 

that this approach is more congruous 

than an approach providing for a fixed 

device on mobile platform as initially 

suggested by Microsoft. The 

Commission uses the term ‘‘mobile 

device’’ to refer to this class of white 

space devices to distinguish them from 

personal/portable white space devices. 

As suggested by Shure, the Commission 

is clearly indicating in the rules that 

mobile devices may operate only in 

‘‘less congested’’ areas by adding this 

requirement to the definition of ‘‘mobile 

white space device’’. 

47. The Commission permits mobile 

devices to operate at the same radiated 

power level permitted for fixed devices 

in ‘‘less congested’’ areas, i.e., up to 16 

watts EIRP. This power level will enable 

the provision of new types of mobile 

broadband services in rural and other 

unserved areas. Because the 

Commission is permitting power levels 

that are the same as fixed devices, it 

believes that many of the technical 

requirements that apply to fixed devices 

are also appropriate for the new class of 

mobile white space devices. 

Accordingly, the Commission requires 

mobile devices to comply with the same 

transmitter power limits as fixed 

devices, including maximum in-band 

power, adjacent channel emissions, 

power spectral density, and out-of-band 

emissions, as well as require them to 

meet the same antenna gain 

requirements as fixed devices. Under 

these requirements, a mobile device will 

be permitted to operate with a 

maximum transmitter power output of 

one watt, and can use an antenna with 

a gain of up to 12 dBi to achieve an EIRP 

of 16 watts. If the maximum gain of the 

antenna exceeds 12 dBi, then the 

transmitter power must be reduced by 

the same amount in dB that the antenna 

gain exceeds 12 dBi. Because mobile 

devices change direction as they travel, 

the Commission permits the use of 

electrically steerable directional 

antennas to help enable mobile devices 

to remain in contact with their 

associated base unit or another mobile 

device. 

48. The white space database will 

determine channel availability over a 

defined geo-fenced area where a mobile 

device will operate. In order to provide 

flexibility for manufacturers and mobile 

device operators, the Commission does 

not specify how the boundaries of an 

area are entered into and stored within 

the white space database or a mobile 

device. The Commission does, however, 

require that both the white space 

database and mobile device contain the 

same boundary information. This 

requirement will ensure that mobile 

devices operate only where the database 

has determined available channels. 

Because mobile devices will operate at 

the same maximum power level as fixed 

devices, the Commission requires that 

the database use the same minimum 

required separation distances from 

protected services in the TV bands as 

fixed devices in determining available 

channels. This includes all protected 

services, including the PLMRS/CMRS, 

as noted by NPSTC. For simplicity of 

operation, the Commission requires that 

any channel identified by the database 

as available within the geo-fenced area 

must be available at the same power 

level over an entire geo-fenced area. 

49. The Commission recognizes that 

there are some complexities in 

determining the available channels over 

a contiguous geo-fenced area. The 

current white space database system 

determines channel availability at 

discrete locations since it was designed 

to implement rules that require devices 

to determine their geographic 

coordinates at a single location and 

submit those coordinates to the database 

when requesting a list of available 

channels. The database system would 

have to use a modified methodology for 

determining available channels over a 

geo-fenced area. For example, it could 

divide the area into cells, e.g., 100 by 

100-meters, and determine channel 

availability within each cell. The 

Commission will not prescribe the exact 

method that database administrators 

must use to determine channel 

availability within geo-fenced areas, but 

mobile white space devices must 

comply with the minimum required 

separation distances from protected 

services at any point within a geofenced area. The white space database 

will have to consider a mobile device’s 

HAAT in determining available 

channels and consider any variation in 


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HAAT over a geo-fenced area to 

determine whether a channel is 

available over the entire area. To 

simplify calculations, the Commission 

permits the database to use only the 

highest, i.e., worst case, HAAT within a 

geo-fenced area in determining channel 

availability rather than having to 

calculate the HAAT at each location. 

The Commission sees no reason to limit 

the size of the geo-fenced area since 

mobile devices will only be permitted to 

operate in areas where the spectrum is 

‘‘less congested.’’ The requirement that 

a channel must be available over an 

entire geo-fenced area will tend to 

preclude extremely large areas since 

there is less likelihood that the same TV 

channel will be vacant over a very large 

contiguous area. 

50. Because a mobile device must be 

able to accurately determine its location, 

the Commission requires that a mobile 

device comply with similar geo-location 

requirements to fixed devices. 

Specifically, the Commission requires 

that a mobile device incorporate a geolocation capability that is capable of 

determining its location and geolocation uncertainty (expressed in 

meters), with a confidence level of 95%. 

To provide flexibility in the design of 

mobile devices, the Commission permits 

the use of a remote geo-location unit as 

the rules permit for fixed devices, 

provided the remote unit is located on 

the same moveable platform as the 

mobile device, e.g., bus or tractor. To 

ensure that a mobile device is capable 

of determining whether it is within a 

geo-fenced area, the Commission 

requires that a mobile device have the 

ability to store information on the 

boundaries of a geo-fenced area in 

which it will operate. 

51. While the Commission proposed 

in the NPRM to require a mobile white 

space device operating within a geofenced area to re-check its geographic 

coordinates at least once every 60 

seconds and to cease operation if it 

travels closer than 1.6 kilometers to the 

edge of the geo-fenced area or is outside 

the boundary of the area, the 

Commission agrees with Shure that this 

proposed distance should be slightly 

increased to account for vehicles 

traveling at allowable highway speed 

limits. The proposed buffer requirement 

was intended to ensure that a mobile 

white space device traveling at 60 miles 

per hour (1.6 kilometers per minute) 

does not cross outside the geo-fenced 

area between location checks. However, 

the Commission recognizes Shure’s 

argument that many vehicles travel 

faster than this speed. The Commission 

disagrees with Shure’s contention that a 

2.7-kilometer buffer is necessary 

because that corresponds to an atypical 

vehicle speed of more than 100 miles 

per hour, but note that Shure believes 

an increase in the buffer zone size to 1.9 

kilometers (corresponding to a vehicle 

speed of just over 70 miles per hour) 

would be an improvement over the 

Commission’s proposal of 1.6 

kilometers. Accordingly, the 

Commission adopts the proposed 

location re-check interval of 60 seconds, 

but increases the size of the geo-fenced 

area buffer from the proposed 1.6 

kilometers to 1.9 kilometers. 

52. The Commission limits operation 

of mobile devices to ‘‘less congested’’ 

areas as proposed in the NPRM. The 

Commission believes that the primary 

applications for mobile devices will be 

in more rural areas, and limiting the 

new class of higher power mobile 

device to areas with more available 

spectrum will limit the likelihood of 

interference to authorized services in 

the TV bands as well as enable all 

unlicensed devices, including other 

white space devices and unlicensed 

wireless microphones, to have an 

opportunity to access spectrum in the 

TV bands. To limit the distance at 

which mobile devices could cause 

interference to authorized services, the 

Commission prohibits their operation 

on satellites and aircraft as proposed in 

the NPRM. This prohibition of operation 

on aircraft will include unmanned aerial 

vehicles (e.g., drones). 

53. The Commission sees no reason to 

specially limit the maximum height 

above ground level for mobile devices or 

to preclude operation on cranes or 

bucket trucks as suggested by NAB and 

others. The Commission requires a 

mobile device to report its height above 

ground to the white space database as is 

required for fixed devices, and the 

database will take the antenna height 

above ground into consideration when 

calculating a mobile device’s HAAT and 

the available channels within a geofenced area. Thus, a higher antenna 

height above ground will not increase 

the likelihood of interference to 

authorized services as parties suggest. 

The Commissions also sees no reason to 

make any special requirements 

regarding the directivity of mobile 

device antennas, i.e., larger buffer zones, 

as suggested by Shure. The required size 

of the buffer zone is a function of a 

mobile device’s speed and re-check 

interval and is independent of the 

power level used. 

Narrowband IoT Operations 

54. Under current rules, fixed white 

space devices operating with 4 watts or 

greater EIRP must comply with a power 

spectral density (PSD) limit of 12.6 dBm 

per 100 kilohertz, which limits total 

conducted power within any 6- 

megahertz television channel to 30 

dBm. The PSD limit is proportionally 

lower for devices operating at lower 

EIRP levels. The Commission 

established PSD limits to prevent 

multiple white space devices from 

simultaneously operating at the 

maximum allowable power with 

transmit bandwidths of less than six 

megahertz within a single television 

channel, which would result in a total 

transmitted power within that channel 

significantly greater than the limit. The 

PSD limits were calculated based upon 

a single white space device spreading its 

energy uniformly across a 6-megahertz 

television channel bandwidth, 

excluding 250 kilohertz near each 

channel edge for roll-off, and serve to 

limit the maximum power of white 

space devices with bandwidths of less 

than 6-megahertz. 

55. In the NPRM, the Commission 

proposed changes to the white space 

rules to facilitate narrowband (e.g., 100 

kilohertz) IoT device deployment on TV 

channels 2–35. The proposed rules 

would permit white space devices to 

operate with narrowband carriers rather 

than having to spread all of their energy 

across a six megahertz channel, and are 

designed to ensure that narrowband 

white space devices have no greater 

interference potential than wider 

bandwidth devices operating under the 

current rules. Specifically, the 

Commission proposed to define a 

‘‘narrowband white space device’’ as a 

type of fixed or personal/portable white 

space device operating in a bandwidth 

of no greater than 100 kilohertz. The 

Commission also proposed that 

narrowband white space devices be 

client devices that communicate with a 

fixed or Mode II master device that 

contacts the white space database to 

obtain a list of available channels and 

operating powers at its location. In this 

connection, the Commission also sought 

comment on whether the proposed 

definition for narrowband white space 

device is appropriate for the intended 

IoT applications. 

56. The Commission proposed to 

permit narrowband white space devices 

to operate with the same conducted PSD 

limit, adjacent channel emission limits, 

and antenna gain requirements as 4-watt 

fixed devices. To ensure that the total 

energy in a single TV channel does not 

cause harmful interference, the 

Commission proposed to limit each 

transmitter to transmissions totaling no 

more than 10 seconds per hour. The 

Commission further proposed to require 

narrowband devices to use a channel 

plan that limits total transmitted power 


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in a six-megahertz channel to no higher 

than the existing limits for a four-watt 

EIRP broadband white space device. 

Although the Commission declined to 

propose requiring narrowband devices 

to use a listen-before-talk mechanism, it 

nonetheless sought comment on 

whether one would be necessary to 

prevent harmful interference to 

protected services in the TV bands. The 

Commission also sought comment on 

whether there is a need to increase the 

minimum separation distances from cochannel and adjacent channel TV 

station contours as the rules require for 

personal/portable devices operating as 

clients. 

57. The Commission modifies the 

rules to facilitate the development of 

new and innovative narrowband IoT 

devices in the TV bands. Specifically, 

the Commission establishes a new class 

of ‘‘narrowband white space device,’’ 

which it defines as a type of fixed or 

personal/portable white space device 

operating in a bandwidth of no greater 

than 100 kilohertz. A number of parties 

support the proposals to modify the 

white space rules to permit narrowband 

IoT operations. In response to specific 

comment sought on the definition of a 

narrowband white space device, the 

Commission expands that definition to 

include master devices as well as 

clients. This change is suggested by 

Dynamic Spectrum Alliance and 

Microsoft to enable greater flexibility in 

the design of IoT networks. No party 

opposed this change. A narrowband 

device that operates as a client must 

communicate with a master device that 

contacts the white space database to 

obtain a list of available channels and 

operating powers at its location, while 

a narrowband device that acts as a 

master must incorporate a geo-location 

mechanism and be capable of obtaining 

lists of available channels and operating 

powers from the white space database. 

The Commission permits all types of 

white space devices that incorporate 

geo-location and have database access 

(fixed, Mode II, mobile, and 

narrowband) to act as a master device to 

a narrowband client device. TV band 

frequencies are better able to penetrate 

foliage and other obstacles than higher 

frequencies, so this action will permit 

the development of IoT devices with 

improved transmission range. 

58. As proposed in the NPRM, the 

Commission permits narrowband white 

space devices to operate with a 

conducted PSD of up to 12.6 dBm/100 

kilohertz, which is the same maximum 

level permitted for fixed devices, and 

require narrowband devices to comply 

with the same maximum antenna gain 

requirements as fixed devices, i.e., a 

maximum antenna gain of 6 dBi with no 

reduction in transmitter conducted 

power, or higher antenna gain if the 

conducted power is proportionally 

reduced. The Commission also requires 

narrowband white space devices to 

comply with an emission limit of ¥42.8 

dBm into adjacent channels, i.e., outside 

of the 6-megahertz channel in which 

they operate. These requirements will 

permit a white space device to operate 

with a single or several narrowband 

carriers rather than having to spread all 

of its energy across a six megahertz 

channel while ensuring that 

narrowband white space devices have 

no greater interference potential than 

wider bandwidth devices operating 

under the current rules. To prevent 

narrowband devices from being used for 

data intensive applications and to limit 

the potential for these devices to cause 

harmful interference, the Commission 

limits transmissions on each 

narrowband channel to a total of 36 

seconds per hour, as suggested by 

Dynamic Spectrum Alliance and 

Microsoft, i.e., a 1% duty cycle. 

59. The Commission will not, 

however, increase this transmission 

time limit for narrowband devices to 

allow for signaling overhead as 

suggested by Microsoft. Microsoft has 

not indicated how much additional 

transmission time would be necessary 

for this overhead. Further, to the extent 

that a narrowband device needs 

additional transmission time for 

functions such as contacting a white 

space database to obtain a list of 

available channels, there appear to be 

ways to perform these functions while 

still complying with the 36 second per 

hour per narrowband channel limit. For 

example, under the rules the 

Commission is adopting there will be up 

to 55 narrowband channels within one 

six-megahertz TV channel, and a device 

could use one or more of these 

narrowband channels for signaling 

purposes. In addition, any overhead 

associated with contacting the database 

could be accomplished by other means, 

such as a non-narrowband white space 

channel, Wi-Fi, a fixed link, or a fiber 

connection. 

60. The Commission also requires 

narrowband devices to use the proposed 

channel plan that limits total 

transmitted power in a six-megahertz 

channel to no higher than the existing 

limits for a four-watt EIRP broadband 

white space device. This channel plan 

requires narrowband white space 

devices to operate at least 250 kilohertz 

from the edge of a six-megahertz TV 

channel, unless the adjacent channel is 

also vacant, and requires narrowband 

white space devices to operate only on 

channels centered at integral multiples 

of 100 kilohertz between the 250 

kilohertz guard bands. The net effect of 

these requirements is that narrowband 

devices will be permitted to operate 

within 55 possible 100-kilohertz 

channels in the center 5.5 megahertz of 

each six-megahertz channel. Even in the 

event that all 55 narrowband channels 

within a six-megahertz channel were 

occupied simultaneously by devices 

transmitting at maximum power, the 

total conducted and radiated power 

within that six-megahertz channel 

would be no greater than for a fixed 

device operating with one-watt 

conducted power and 4 watts EIRP. 

Because of the transmission time limit 

of thirty-six seconds per hour (a onepercent duty cycle), the interference 

potential of these narrowband white 

space devices will actually be 

significantly less than four-watt EIRP 

fixed devices in most cases since it is 

extremely unlikely that devices would 

transmit at maximum power on all 55 

narrowband channels simultaneously, 

and even if they did, that would occur 

for no more than 36 seconds per hour. 

61. The Commission is not limiting 

operation of narrowband devices to 

‘‘less congested’’ areas as suggested by 

wireless microphone interests. Since 

narrowband devices will operate under 

control of a master device that accesses 

a white space database to determine 

available channels at its location, 

narrowband devices will not be 

permitted to operate on the channels at 

locations where registered licensed 

wireless microphones operate. 

Additionally, unlicensed wireless 

microphones and white space devices 

must already share spectrum with fixed 

white space devices operating at up to 

4 watts EIRP in areas that do not meet 

the definition of ‘‘less congested.’’ Even 

under worst-case conditions, 

narrowband devices will have no greater 

interference potential than four-watt 

fixed devices and will have a 

significantly lower interference 

potential in the vast majority of cases. 

For these reasons, the Commission does 

not agree with RADWIN that a 

proliferation of narrowband devices will 

prevent spectrum use for internet 

access. 

62. The Commission declines to allow 

a greater transmission duty cycle for 

narrowband devices used only by public 

safety entities as requested by NPSTC. 

While NPSTC does not indicate how 

much it wants the limit increased, the 

higher transmit duty cycle the 

Commission is permitting will benefit 

all narrowband device applications, 

including those used by public safety 

entities. Allowing different technical 


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requirements for public safety entities 

would complicate equipment 

certification and would be difficult to 

enforce since there could be multiple 

versions of the same device, some of 

which could be legally used only by 

specific types of entities. It is not clear 

how the Commission could ensure that 

devices approved for use only by public 

safety entities would be marketed to, 

and operated by, only those entities. 

Higher Power on Adjacent Channels 

63. White space devices must 

generally operate outside the protected 

contours of adjacent channel TV 

stations because a strong signal on an 

adjacent channel can cause interference 

to the reception of a channel being 

viewed. The general requirement that 

white space devices avoid operation 

within the protected contours of a 

station operating on an adjacent channel 

means that, as a practical matter, a 

white space device may operate only at 

locations where there are three 

contiguous vacant channels, i.e., the 

channel used by the white space device 

plus both adjacent channels. The 

Commission’s rules do, however, 

provide two exceptions that permit 

white space device operations at lower 

power levels when adjacent channels 

are occupied, based upon the shorter 

distances at which interference to 

adjacent channel TV stations could 

occur. First, both fixed and personal/ 

portable white space devices may 

operate at up to 40 milliwatts EIRP at 

locations where both adjacent channels 

are occupied. Second, fixed white space 

devices may operate within the 

protected contour of adjacent channel 

TV stations with a power level of 100 

milliwatts EIRP when the white space 

device operates in a six-megahertz band 

centered on the boundary of two 

contiguous vacant channels, i.e., 50 

milliwatts EIRP within a threemegahertz band in each channel. 

64. In the NPRM, the Commission 

sought comment on whether it could 

permit white space devices to operate at 

higher power levels than the rules 

currently permit when adjacent TV 

channels are occupied. In particular, the 

Commission sought comment on 

methods that could be used to 

determine the locations where it could 

permit higher power unlicensed 

operations on adjacent channels, and if 

so, what specific technical parameters 

would need to be considered or 

specified in such calculations. The 

Commission also sought comment on 

whether there is any information 

available on adjacent channel selectivity 

and interference rejection capabilities of 

next-generation TV receivers, such as 

manufacturers’ specifications or actual 

measurement results, and whether there 

is any indication that next-generation 

TV receivers will have better adjacent 

channel interference rejection than 

current receivers. 

65. The Commission does not increase 

the maximum permissible power for 

white space devices operating inside the 

protected contour of adjacent channel 

TV stations at this time. As an initial 

matter, the Commission does not at this 

time have sufficient evidence in the 

record on which to change the manner 

of protecting broadcast services to a 

terrain-based model, as Microsoft and 

others suggest. Microsoft argues that the 

Commission should permit white space 

device operation within the protected 

contour of adjacent channel TV stations 

at higher power levels than the rules 

currently permit. In so doing, Microsoft 

supplied a test report on the results of 

laboratory measurements of current 

model ATSC 1.0 TV receivers and next 

generation ATSC 3.0 TV receivers that 

it claims shows higher power adjacent 

channel operation is possible because 

these TV receivers have better 

selectivity than the Commission 

assumed in developing the current 

power limits and because the use of 

terrain-based propagation models (e.g., 

Longley-Rice) can provide a more 

accurate determination of where higher 

power adjacent channel white space 

device operation can be permitted 

without causing harmful interference. 

Microsoft also supplied a test report on 

field measurements conducted with Ark 

Multicasting, a lower power TV network 

operator, that it claims validates its 

laboratory measurements and 

demonstrates that for the given 

parameters (e.g., fixed white space 

device EIRP and antenna pattern, DTV 

transmitter characteristics, adjacent 

channel selectivity of the newer model 

TV receivers with integral display 

tested, and distance between the DTV 

transmitter and the TV receiver) a white 

space device can operate within the 

protected contour on a first adjacent 

channel at higher powers than currently 

allowed. 

66. But while data supplied by 

Microsoft shows that some newer model 

TV receivers have better adjacent 

channel selectivity than the ¥33 dB D/ 

U ratio the Commission assumed when 

it adopted the power limits for white 

space devices operating inside the 

protected contour of adjacent channel 

TV stations, NAB disputes Microsoft’s 

analysis, arguing that the TV receivers it 

used are not representative of the 

currently installed consumer base. 

Microsoft’s report shows that the 

average adjacent channel selectivity of 

tested ATSC 1.0 receivers is better than 

the value the Commission assumed, and 

that ATSC 3.0 receivers have a 

selectivity 10 dB better than that of 

ATSC 1.0 receivers at lower order 

modulations and similar to ATSC 1.0 

receivers at higher order modulations. 

In addition, the report shows that 

receiver adjacent channel selectivity 

improves by 5.7 dB on average when a 

white space device operates at a 3 

megahertz offset from a TV channel 

edge. 

67. The improved receiver selectivity 

shown in Microsoft’s testing could 

allow white space devices to operate 

within adjacent channel protected 

contours at higher power levels than the 

rules currently permit without 

increasing the potential for interference 

to TV reception. The Commission 

recognizes, however, NAB’s concern 

that Microsoft’s testing was performed 

with a limited number of TV receivers 

which may not be representative of the 

currently installed base. The 

Commission encourages Microsoft and 

other parties to continue studies and 

white space device and TV receiver 

testing to determine whether or how the 

Commission can permit higher power 

for white space devices without causing 

harmful interference to TV reception. 

The Commission welcomes interested 

parties to file a petition in the future 

when this work has been done. 

Other Matters 

68. Directional antennas. Broadband 

Connects America Coalition, Public 

Interest Spectrum Coalition, and WISPA 

request that the white space database be 

allowed to consider the directivity of 

white space device transmit antennas in 

determining channel availability for 

white space devices. NAB opposes this 

request, arguing that there is no way of 

determining whether a directional 

antenna has been installed properly 

without hiring a licensed land-surveyor, 

which it believes is unlikely to occur. 

The Commission previously considered 

and rejected requests to consider white 

space device transmit antenna 

directivity in the White Spaces Order on 

Reconsideration and did not make any 

proposals on this issue in the NPRM. 

The Commission declines to take any 

action on these requests. 

69. Wireless microphone issues. 

Wireless microphone interests request 

that the Commission not take action to 

change the rules for white space devices 

until it acts on the outstanding 

proceeding (GN Docket No. 14–166) that 

proposed to expand the eligibility for 

obtaining a part 74 license for wireless 

microphones and until the Commission 

addresses difficulties with the white 


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space database in registering licensed 

wireless microphones. 

70. The Commission declines to defer 

action in this proceeding pending a 

decision in GN Docket No. 14–166 on 

expanding part 74 licensing eligibility. 

The Commission actions in this 

proceeding will benefit Americans in 

rural and underserved areas by enabling 

improved broadband access. The 

Commission does not wish to delay 

these public benefits until some 

unspecified point in the future. Further, 

the Commission decision here will not 

adversely impact either licensed or 

unlicensed wireless microphone 

operations. For example, the 

Commission is limiting higher power 

and antenna height operations, as well 

as higher power geo-fenced operations, 

to areas where the spectrum is less 

congested, which will limit the impact 

on wireless microphones that operate in 

the TV bands. Moreover, because white 

space devices operate on an unlicensed 

basis, they are obligated by the rules to 

protect licensed wireless microphone 

operations; unlicensed wireless 

microphones operate on a co-equal basis 

with white space devices. However, if 

the Commission decides to expand 

wireless microphone licensing 

eligibility in GN Docket No. 14–166, any 

newly licensed wireless microphone 

operation would receive the same 

protection from harmful interference, 

even if white space device operators 

need to adjust their systems. Thus, the 

actions the Commission takes in this 

Report and Order do not alter the 

relationship between wireless 

microphones and white space devices, 

including the obligation for unlicensed 

devices to protect licensed wireless 

microphones. 

71. The Commission appreciates 

parties bringing concerns about the 

white space database to its attention, 

and is working with the database 

administrators to address them. The 

Commission notes that a new 

administrator, RED Technologies, has 

taken over operation of the Nominet 

white space database. However, the 

Commission believes that the concerns 

parties raised, e.g., improvements to the 

licensed wireless microphone 

registration procedure, can be addressed 

without a need to delay action in this 

proceeding. 

Procedural Matters 

72. Paperwork Reduction Act 

Analysis. This document contains new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. It will be submitted to the 

Office of Management and Budget 

(OMB) for review under section 3507(d) 

of the PRA. OMB, the general public, 

and other Federal agencies will be 

invited to comment on the new or 

modified information collection 

requirements contained in this 

proceeding. In addition, we note that 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we previously sought specific comment 

on how the Commission might further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees. 

73. Final Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act of 1980 (RFA), as 

amended, the Commission has prepared 

a Final Regulatory Flexibility Analysis 

(FRFA) regarding the possible 

significant economic impact on small 

entities of the policies and rules 

adopted in this Report and Order, 

which the full FRFA is found in 

Appendix C at https://www.fcc.gov/ 

document/fcc-increases-unlicensedwireless-operations-tv-white-spaces-0. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

the Report and Order, including the 

FRFA, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

74. Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Ordering Clauses 

75. It is ordered, pursuant to sections 

4(i), 201, 302, and 303 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 201, 302a, 

303, that this Report and Order is 

hereby adopted. 

76. It is further ordered that the 

amendments of the Commission’s rules 

as set forth below are adopted, effective 

thirty days from the date of publication 

in the Federal Register, except for the 

amendment to § 15.709(g)(1)(ii), which 

contains new or modified information 

collection requirements that require 

approval by the OMB under the PRA 

and will become effective after the 

Commission publishes a document in 

the Federal Register announcing such 

approval and the relevant effective date. 

77. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analyses, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

78. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analyses, to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 15 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirement. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 15 as 

follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, 544a, and 549. 

■ 2. Amend § 15.703 by: 

■ a. Removing the paragraph 

designations; 

■ b. Adding a definition for ‘‘Geo-fenced 

area’’ in alphabetical order; 

■ c. Revising the definition of ‘‘Less 

congested area’’; 

■ d. Adding definitions for ‘‘Mobile 

white space device’’ and ‘‘Narrowband 

white space device in alphabetical 

order. 

The additions and revision read as 

follows: 

§ 15.703 Definitions. 

* * * * * 

Geo-fenced area. A defined 

geographic area over which the white 

space database has determined the set of 

available channels. 

* * * * * 

Less congested area. Geographic areas 

where at least half of the TV channels 

within a specific TV band are unused 

for broadcast and other protected 

services and available for white space 

device use. Less congested areas are 

determined separately for each TV 


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band—the low VHF band (channels 2– 

6), the high VHF band (channels 7–13) 

and the UHF band (channels 14–36); 

i.e., one, two or all three bands or any 

combination could qualify as less 

congested. White space devices may 

only operate at the levels permitted for 

less congested areas within the area and 

the specific TV band(s) that qualify as 

a less congested area. For the purpose of 

this definition, a channel is considered 

available for white space device use if 

it is available for fixed devices operating 

with 40 milliwatts EIRP at 3 meters 

HAAT. Less congested areas in the UHF 

TV band are also considered to be less 

congested areas in the 600 MHz service 

band. 

Mobile white space device. A white 

space device that transmits and/or 

receives radiocommunication signals on 

available channels within a defined geofenced area. A mobile white space 

device uses an incorporated geolocation capability to determine its 

location with respect to the boundaries 

of the defined area. A mobile white 

space device may operate only in less 

congested areas. 

* * * * * 

Narrowband white space device. A 

fixed or personal/portable white space 

device operating in a bandwidth of no 

greater than 100 kilohertz. 

* * * * * 

■ 3. Revise § 15.707 to read as follows: 

§ 15.707 Permissible channels of 

operation. 

(a)(1) 470–614 MHz band. Fixed and 

personal/portable white space devices 

are permitted to operate on available 

channels in the frequency bands 470– 

614 MHz (TV channels 14–37), subject 

to the interference protection 

requirements in §§ 15.711 and 15.712. 

(2) 600 MHz duplex gap. Fixed and 

personal/portable white space devices 

may operate in the 657–663 MHz 

segment of the 600 MHz duplex gap. 

(3) 600 MHz service band. Fixed and 

personal/portable white space devices 

may operate on frequencies in the bands 

617–652 MHz and 663–698 MHz in 

areas where 600 MHz band licensees 

have not commenced operations, as 

defined in § 27.4 of this chapter. 

(4) Channel 37 guard band. White 

space devices are not permitted to 

operate in the band 614–617 MHz. 

(b) Only mobile white space devices 

and fixed white space devices that 

communicate only with other fixed or 

mobile white space devices may operate 

on available channels in the bands 54– 

72 MHz (TV channels 2–4), 76–88 MHz 

(TV channels 5 and 6), and 174–216 

MHz (TV channels 7–13), subject to the 

interference protection requirements in 

§§ 15.711 and 15.712. 

(c) Narrowband and mobile white 

space devices may only operate on 

frequencies below 602 MHz. 

■ 4. Amend § 15.709 by: 

■ a. Revising paragraphs (a)(2)(i); 

■ b. Adding paragraph (a)(5); 

■ c. Revising paragraph (b)(1); 

■ d. Adding paragraph (b)(4); 

■ e. Revising paragraphs (c)(2) and 

(g)(1)(i); and 

■ f. Delayed indefinitely, revising 

paragraph (g)(1)(ii). 

The additions and revisions read as 

follows: 

§ 15.709 General technical requirements. 

(a) * * * 

(2) * * * 

(i)(A) Fixed devices in the TV bands 

below 602 MHz: Up to 4 W (36 dBm) 

EIRP, and up to 16 W (42 dBm) EIRP in 

less congested areas. Fixed devices in 

the 602–608 MHz band may operate 

with up to 4 W (36 dBm) EIRP. 

(B) Fixed devices in the 600 MHz 

service bands above 620 MHz: Up to 4 

W (36 dBm) EIRP, and up to 10 W (40 

dBm) EIRP in less congested areas. 

Fixed devices that operate in any 

portion of the 614–620 MHz band may 

operate with up to 4 W (36 dBm) EIRP. 

* * * * * 

(5) Mobile devices in the TV bands 

below 602 MHz. Up to 16 W (42 dBm) 

EIRP in less congested areas. Mobile 

device operation is not permitted above 

602 MHz. Mobile devices may operate 

only in less congested areas. 

(b) * * * 

(1) Fixed and mobile white space 

devices. (i) Technical limits for fixed 

and mobile white space devices are 

shown in the table in paragraph 

(b)(1)(iii) of this section and subject to 

the requirements of this section. 

(ii) For operation at EIRP levels of 36 

dBm (4,000 mW) or less, fixed and 

mobile white space devices may operate 

at EIRP levels between the values shown 

in the table in paragraph (b)(1)(iii) of 

this section provided that the conducted 

power and the conducted power 

spectral density (PSD) limits are linearly 

interpolated between the values shown 

and the adjacent channel emission limit 

of the higher value shown in the table 

is met. Operation at EIRP levels above 

36 dBm (4,000 mW) but not greater than 

40 dBm (10,000 mW) shall follow the 

requirements for 40 dBm (10,000 mW). 

Operation at EIRP levels above 40 dBm 

(10,000 mW) shall follow the 

requirements for 42 dBm (16,000 mW). 

(iii) The conducted power spectral 

density from a fixed or mobile white 

space device shall not be greater than 

the values shown in the table in this 

paragraph (b)(1)(iii) when measured in 

any 100 kilohertz band during any time 

interval of continuous transmission. 

TABLE 1 TO PARAGRAPH (b)(1)(iii) 

EIRP 

(6 MHz) 

Conducted power limit 

(6 MHz) 

Conducted PSD limit 1

(100 kHz) 

(dBm) 

Conducted adjacent 

channel emission limit 

(100 kHz) 

(dBm) 

16 dBm (40 mW) .......................................... 10 dBm (10 mW) .......................................... ¥7.4 ¥62.8 

20 dBm (100 mW) ........................................ 14 dBm (25 mW) .......................................... ¥3.4 ¥58.8 

24 dBm (250 mW) ........................................ 18 dBm (63 mW) .......................................... 0.6 ¥54.8 

28 dBm (625 mW) ........................................ 22 dBm (158 mW) ........................................ 4.6 ¥50.8 

32 dBm (1,600 mW) ..................................... 26 dBm (400 mW) ........................................ 8.6 ¥46.8 

36 dBm (4,000 mW) ..................................... 30 dBm (1,000 mW) ..................................... 12.6 ¥42.8 

40 dBm (1,0000 mW) ................................... 30 dBm (1,000 mW) ..................................... 12.6 ¥42.8 

42 dBm (16,000 mW) ................................... 30 dBm (1,000 mW) ..................................... 12.6 ¥42.8 

* * * * * 

(4) Narrowband white space devices. 

(i) A narrowband white space device 

that operates as a client must 

communicate with a master device 

(fixed, Mode II, mobile or narrowband) 

that contacts the white space database to 

obtain a list of available channels and 

operating powers at its location. A 

narrowband white space device that acts 

as a master must incorporate a geolocation mechanism and be capable of 

obtaining lists of available channels and 


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operating powers from the white space 

database. 

(ii) Narrowband white space devices 

shall operate on channel sizes that are 

no more than 100 kilohertz. The edge of 

a narrowband channel shall be offset 

from the upper and lower edge of the 6 

megahertz channel in which it operates 

by at least 250 kilohertz, except in the 

case where bonded 6 megahertz 

channels share a common band edge. 

Narrowband operating channels shall be 

at integral multiples of 100 kilohertz 

beginning at a 250 kilohertz offset from 

a 6 megahertz channel’s edge, or with 

no offset at the common band edge of 

two bonded 6 megahertz channels. 

(iii) The conducted power limit is 

12.6 dBm in a 100 kilohertz segment. 

The EIRP limit is 18.6 dBm in a 100 

kilohertz segment. The conducted 

power spectral density limit is 12.6 dBm 

in any 100 kilohertz band during any 

time interval of continuous 

transmission. 

(iv) Conducted adjacent channel 

emissions shall be limited to ¥42.8 

dBm in 100 kilohertz in a first adjacent 

6 megahertz channel, starting at the 

edge of the 6 megahertz channel within 

which the narrowband device is 

operating. This limit shall not apply 

between the edge of the narrowband 

channel and the edge of the 6 megahertz 

channel that contains it. 

(v) If transmitting antennas of 

directional gain greater than 6 dBi are 

used, the maximum conducted power 

output shall be reduced by the amount 

in dB that the directional gain of the 

antenna exceeds 6 dBi. 

(vi) Total occupancy for each 

narrowband channel shall be limited to 

36 seconds per hour. 

(c) * * * 

(2) The conducted power, PSD, and 

adjacent channel limits for fixed and 

mobile white space devices operating at 

greater than 36 dBm (4,000 milliwatts) 

EIRP shown in the table in paragraph 

(b)(1)(iii) of this section are based on a 

maximum transmitting antenna gain of 

12 dBi. If transmitting antennas of 

directional gain greater than 12 dBi are 

used, the maximum conducted output 

power shall be reduced by the amount 

in dB that the directional gain of the 

antenna exceeds 12 dBi. 

* * * * * 

(g) * * * 

(1) * * * 

(i) Above ground level. The transmit 

antenna height shall not exceed 10 

meters above ground level in any area 

for fixed white space devices operating 

in the TV bands at 40 mW EIRP or less 

or operating across multiple contiguous 

TV channels at 100 mW EIRP or less. 

(ii) Height above average terrain 

(HAAT). For devices operating in the TV 

bands below 602 MHz, the transmit 

antenna shall not be located where its 

height above average terrain exceeds 

250 meters generally, or 500 meters in 

less congested areas. For devices 

operating in all other bands the transmit 

antenna shall not be located where its 

height above average terrain exceeds 

250 meters. The HAAT is to be 

calculated by the white space database 

using the methodology in § 73.684(d) of 

this chapter. For HAAT greater than 250 

meters the following procedures are 

required: 

(A) The installing party must contact 

a white space database and identify all 

TV broadcast station contours that 

would be potentially affected by 

operation at the planned HAAT and 

EIRP. A potentially affected TV station 

is one where the protected service 

contour is within the applicable 

separation distance for the white space 

device operating at an assumed HAAT 

of 50 meters above the planned height 

at the proposed power level. 

(B) The installing party must notify 

each of these licensees and provide the 

geographic coordinates of the white 

space device, relevant technical 

parameters of the proposed deployment, 

and contact information. 

(C) No earlier than four calendar days 

after the notification in paragraph 

(g)(1)(ii)(B) of this section, the installing 

party may commence operations. 

(D) Upon request, the installing party 

must provide each potentially affected 

licensee with information on the time 

periods of operations. 

(E) If the installing party seeks to 

modify its operations by increasing its 

power level, by moving more than 100 

meters horizontally from its location, or 

by making an increase in the HAAT or 

EIRP of the white space device that 

results in an increase in the minimum 

required separation distances from cochannel or adjacent channel TV station 

contours, it must conduct a new 

notification. 

(F) All notifications required by this 

section must be in written form 

(including email). In all cases, the 

names of persons contacted, and dates 

of contact should be kept by the white 

space device operator for its records and 

supplied to the Commission upon 

request. 

* * * * * 

■ 5. Amend § 15.711 by revising 

paragraphs (j)(3) and (4) and adding 

paragraph (k) to read as follows: 

§ 15.711 Interference avoidance methods. 

* * * * * 

(j) * * * 

(3) A white space database shall be 

protected from unauthorized data input 

or alteration of stored data. To provide 

this protection, the white space database 

administrator shall establish 

communications authentication 

procedures that allow fixed, mobile, and 

Mode II white space devices to be 

assured that the data they receive is 

from an authorized source. 

(4) Applications for certification of 

white space devices shall include a high 

level operational description of the 

technologies and measures that are 

incorporated in the device to comply 

with the security requirements of this 

section. In addition, applications for 

certification of fixed, mobile, and Mode 

II white space devices shall identify at 

least one of the white space databases 

operated by a designated white space 

database administrator that the device 

will access for channel availability and 

affirm that the device will conform to 

the communications security methods 

used by that database. 

(k) Requirements for mobile white 

space devices. (1) Mobile white space 

devices shall operate within geo-fenced 

areas over which the white space 

database has determined channel 

availability. A mobile white space 

device shall have the capability to 

internally store the boundaries of a geofenced area and determine its location 

with respect to those boundaries. The 

area boundaries stored within a mobile 

white space device must be the same as 

those used by the white space database 

to determine channel availability. 

(2) A mobile white space device shall 

incorporate a geo-location capability to 

determine its geographic coordinates. A 

mobile white space device may obtain 

its geographic coordinates through an 

external geo-location source, provided 

that source is on the same vehicle or 

other mobile platform as the mobile 

device. An external geo-location source 

may be connected to a mobile device 

through either a wired or a wireless 

connection, and a single geo-location 

source may provide location 

information to multiple mobile devices 

on the same mobile platform. An 

external geo-location source must be 

connected to a mobile device using a 

secure connection that ensures that only 

an external geo-location source that has 

been approved with a particular mobile 

device can provide geographic 

coordinates to that device. The 

geographic coordinates must be 

provided automatically by the external 

geo-location source to the mobile 

device; users may not manually enter 

them. Alternatively, an extender cable 

may be used to connect a remote receive 


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antenna to a geo-location receiver 

within a mobile device. 

(3) The applicant for certification of a 

mobile device must demonstrate the 

accuracy of the geo-location method 

used and the location uncertainty as 

defined in paragraph (b) of this section. 

For mobile devices that are not using an 

internal geo-location capability, this 

uncertainty must account for the 

accuracy of the geo-location source and 

the separation distance between such 

source and the white space device. 

(4) The antenna height above ground 

shall be determined by the operator of 

the device, or by an automatic means. 

The mobile device shall provide this 

information to the white space database 

when it requests a list of available 

channels for the geo-fenced area in 

which it will operate. 

(5) Each mobile device must access a 

white space database over the internet 

to determine the available channels and 

the maximum permitted power for each 

available channel within the geo-fenced 

area in which it will operate. The white 

space database must take into 

consideration the mobile device’s 

antenna height above ground level and 

geo-location uncertainty in determining 

the list of available channels. It must 

also take into consideration any 

variation in mobile device HAAT 

throughout the geo-fenced area and 

must use the highest HAAT within the 

geo-fenced area in determining channel 

availability. Operation is permitted only 

on channels that are indicated by the 

database as being available at the same 

power level throughout the entire geofenced area in which the mobile device 

will operate. 

(6) Mobile devices must comply with 

the same separation distances from 

protected services in § 15.712 as fixed 

devices. 

(7) Mobile devices may use 

electrically steerable directional 

antennas, but a device’s maximum EIRP 

in any direction must be used by the 

white space database in determining 

channel availability. 

(8) A mobile device must re-check its 

coordinates at least once every 60 

seconds while in operation except while 

in sleep mode, i.e., in a mode in which 

the device is inactive but is not powered 

down. It must cease operation if its 

location is within 1.9 kilometers of the 

boundary, or outside the boundary, of 

the geo-fenced area over which the 

white space database has determined 

the available channels. 

(9) Each mobile white space device 

shall access the white space database at 

least once a day to verify that the 

operating channels within the geofenced area continue to remain 

available. Each mobile white space 

device must adjust its use of channels 

in accordance with channel availability 

schedule information provided by its 

database for the 48-hour period 

beginning at the time the device last 

accessed the database for a list of 

available channels. 

(10) Operation of mobile white space 

devices on satellites and aircraft, 

including unmanned aerial vehicles, is 

prohibited. 

■ 6. Amend § 15.712 by: 

■ a. Revising the introductory text and 

paragraphs (a)(2) and (3) and (b)(3)(ii) 

and (iii); 

■ b. Adding paragraph (b)(3)(iv); 

■ c. Revising paragraph (c)(2)(ii); 

■ d. Adding paragraph (c)(2)(iii); and 

■ e. Revising paragraphs (d), (f), (g), 

(h)(1), and (i)(1). 

The revisions and additions read as 

follows: 

§ 15.712 Interference protection 

requirements. 

The separation distances in this 

section apply to fixed, mobile, and 

personal/portable white space devices 

with a location accuracy of ±50 meters. 

These distances must be increased by 

the amount that the location uncertainty 

of a white space device exceeds ±50 

meters. Narrowband white space 

devices shall comply with the 

separation distances applicable to a 

fixed white space device operating with 

30 dBm conducted power and 36 dBm 

EIRP across a 6 megahertz channel. 

(a) * * * 

(2) Required separation distance. 

White space devices must be located 

outside the contours indicated in 

paragraph (a)(1) of this section of cochannel and adjacent channel stations 

by at least the minimum distances 

specified in the tables in paragraph 

(a)(2)(v) of this section. 

(i) If a device operates between two 

defined power levels, it must comply 

with the separation distances for the 

higher power level. 

(ii) White space devices operating at 

40 mW EIRP or less are not required to 

meet the adjacent channel separation 

distances. 

(iii) Fixed white space devices 

operating at 100 mW EIRP or less per 6 

megahertz across multiple contiguous 

TV channels with at least 3-megahertz 

separation between the frequency band 

occupied by the white space device and 

adjacent TV channels are not required to 

meet the adjacent channel separation 

distances. 

(iv) Fixed white space devices may 

only operate above 4 W EIRP in less 

congested areas as defined in § 15.703. 

(v) The following are the tables of 

minimum required separation distances 

outside the contours of co-channel and 

adjacent channel stations that white 

space devices must meet. 

TABLE 2 TO PARAGRAPH (a)(2)(v) 

Mode II personal/portable white space devices 

Required separation in kilometers from co-channel digital or analog TV 

(full service or low power) protected contour 

16 dBm 

(40 mW) 

20 dBm 

(100 mW) 

Communicating with Mode II or Fixed device ... 1.3 1.7 

Communicating with Mode I device .................. 2.6 3.4 


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TABLE 3 TO PARAGRAPH (a)(2)(v) 

Fixed white space devices 

Antenna height above 

average terrain of 

unlicensed devices 

(meters) 

Required separation in kilometers from co-channel digital or analog TV 

(full service or low power) protected contour 1

16 dBm 

(40 mW) 

20 dBm 

(100 mW) 

24 dBm 

(250 mW) 

28 dBm 

(625 mW) 

32 dBm 

(1,600 mW) 

36 dBm 

(4 W) 

40 dBm 

(10 W) 

42 dBm 

(16 W) 

Less than 3 ...................... 1.3 1.7 2.1 2.7 3.3 4.0 4.5 5.0 

3–10 ................................. 2.4 3.1 3.8 4.8 6.1 7.3 8.5 9.4 

10–30 ............................... 4.2 5.1 6.0 7.1 8.9 11.1 13.9 15.3 

30–50 ............................... 5.4 6.5 7.7 9.2 11.5 14.3 19.1 20.9 

50–75 ............................... 6.6 7.9 9.4 11.1 13.9 18.0 23.8 26.2 

75–100 ............................. 7.7 9.2 10.9 12.8 17.2 21.1 27.2 30.1 

100–150 ........................... 9.4 11.1 13.2 16.5 21.4 25.3 32.3 35.5 

150–200 ........................... 10.9 12.7 15.8 19.5 24.7 28.5 36.4 39.5 

200–250 ........................... 12.1 14.3 18.2 22.0 27.3 31.2 39.5 42.5 

250–300 ........................... 13.9 16.4 20.0 23.9 29.4 35.4 42.1 45.9 

300–350 ........................... 15.3 17.9 21.7 25.7 31.4 37.6 44.5 48.4 

350–400 ........................... 16.6 19.3 23.2 27.3 33.3 39.7 46.9 51.0 

400–450 ........................... 17.6 20.4 24.4 28.7 35.1 41.9 49.4 53.8 

450–500 ........................... 18.3 21.4 25.5 30.1 36.7 43.7 51.4 55.9 

500–550 ........................... 18.9 21.8 26.3 31.0 37.9 45.3 53.3 57.5 

1When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the 

specified distances by 1.3 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 1.7 kilometers if the Mode I device operates at power levels above 40 mW EIRP. 

TABLE 4 TO PARAGRAPH (a)(2)(v) 

Personal/portable white space devices 

Required separation in kilometers from adjacent channel digital 

or analog TV (full service or low power) protected contour 

20 dBm 

(100 mW) 

Communicating with Mode II or Fixed device .......................................... 0.1 

Communicating with Mode I device ......................................................... 0.2 

TABLE 5 TO PARAGRAPH (a)(2)(v) 

Fixed white space devices 

Antenna height above average 

terrain of unlicensed devices 

(meters) 

Required separation in kilometers from adjacent channel digital or analog TV 

(full service or low power) protected contour 1

20 dBm 

(100 mW) 

24 dBm 

(250 mW) 

28 dBm 

(625 mW) 

32 dBm 

(1,600 mW) 

36 dBm 

(4 W) 

40 dBm 

(10 W) 

42 dBm 

(16 W) 

Less than 3 .............................................. 0.1 0.1 0.1 0.1 0.2 0.2 0.3 

3–10 ......................................................... 0.1 0.2 0.2 0.2 0.3 0.4 0.5 

10–30 ....................................................... 0.2 0.3 0.3 0.4 0.5 0.6 0.7 

30–50 ....................................................... 0.3 0.3 0.4 0.5 0.7 0.8 1.0 

50–75 ....................................................... 0.3 0.4 0.5 0.7 0.8 0.9 1.0 

75–100 ..................................................... 0.4 0.5 0.6 0.8 1.0 1.1 1.3 

100–150 ................................................... 0.5 0.6 0.8 0.9 1.2 1.3 1.5 

150–200 ................................................... 0.5 0.7 0.9 1.1 1.4 1.5 1.7 

200–250 ................................................... 0.6 0.8 1.0 1.2 1.5 1.7 1.9 

250–300 ................................................... 0.7 0.8 1.0 1.3 1.6 2.1 2.3 

300–350 ................................................... 0.7 0.9 1.1 1.4 1.8 2.2 2.4 

350–400 ................................................... 0.8 1.0 1.2 1.5 1.9 2.4 2.7 

400–450 ................................................... 0.8 1.0 1.3 1.6 2.1 2.6 2.9 

450–500 ................................................... 0.8 1.1 1.4 1.7 2.1 2.7 2.9 

500–550 ................................................... 0.9 1.2 1.5 1.8 2.2 2.8 3.0 

1When communicating with a Mode I personal/portable white space device that operates at power levels above 40 mW EIRP, the required 

separation distances must be increased beyond the specified distances by 0.1 kilometers. 

(3) Fixed white space device antenna 

height. Fixed white space devices must 

comply with the requirements of 

§ 15.709(g). 

(b) * * * 

(3) * * * 

(ii) White space devices operating 

with more than 4 watts EIRP and up to 

10 watts EIRP may not operate within 

10.2 kilometers from the receive site for 

co-channel operation and 2.5 kilometers 


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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2295 

from the receive site for adjacent 

channel operation. 

(iii) White space devices operating 

with more than 10 watts EIRP may not 

operate within 16.6 kilometers from the 

receive site for co-channel operation 

and 3.5 kilometers from the receive site 

for adjacent channel operation. 

(iv) For purposes of this section, a TV 

station being received may include a 

full power TV station, TV translator 

station or low power TV/Class A TV 

station. 

(c) * * * 

(2) * * * 

(ii) White space devices operating 

with more than 4 watts EIRP and up to 

10 watts EIRP may not operate within 

10.2 km from the receive site for cochannel operation and 2.5 km from the 

receive site for adjacent channel 

operation. 

(iii) White space devices operating 

with more than 10 watts EIRP may not 

operate within 16.6 kilometers from the 

receive site for co-channel operation 

and 3.5 kilometers from the receive site 

for adjacent channel operation. 

(d) PLMRS/CMRS operations. (1) 

White space devices may not operate at 

distances less than those specified in 

the table in this paragraph (d)(1) from 

the coordinates of the metropolitan 

areas and on the channels listed in 

§ 90.303(a) of this chapter. 

TABLE 6 TO PARAGRAPH (d)(1) 

White space device transmitter power 

Required separation in kilometers from the areas specified in § 90.303(a) 

of this chapter 

Co-channel operation Adjacent channel operation 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 4 watts EIRP .................................................................. 134.0 158.0 131.0 155.4 

Greater than 4 watts and up to 10 watts EIRP ....................... 136.0 169.8 131.5 166.0 

Greater than 10 watts and up to 16 watts EIRP ..................... 139.2 171.1 132.2 166.2 

(2) White space devices may not 

operate at distances less than those 

specified in the table in this paragraph 

(d)(2) from PLMRS/CMRS operations 

authorized by waiver outside of the 

metropolitan areas listed in § 90.303(a) 

of this chapter. 

TABLE 7 TO PARAGRAPH (d)(2) 

White space device transmitter power 

Required separation in kilometers from operations authorized by waiver outside 

of the areas specified in § 90.303(a) of this chapter 

Co-channel operation Adjacent channel operation 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 250 meters 

HAAT 

Greater than 250 

meters HAAT 

Up to 4 watts EIRP .................................................................. 54.0 78.0 51.0 75.4 

Greater than 4 watts and up to 10 watts EIRP ....................... 56.0 89.8 51.5 86.0 

Greater than 10 watts and up to 16 watts EIRP ..................... 59.2 91.1 52.2 86.2 

* * * * * 

(f) Low power auxiliary services, 

including wireless microphones. White 

space devices are not permitted to 

operate within the following distances 

of the coordinates of registered low 

power auxiliary station sites on the 

registered channels during the 

designated times they are used by low 

power auxiliary stations. 

(1) Fixed white space devices with 10 

watts EIRP or less: 1 kilometer. 

(2) Fixed white space devices with 

greater than 10 watts EIRP: 1.3 

kilometers. 

(3) Personal/portable white space 

devices: 400 meters. 

(g) Border areas near Canada and 

Mexico. Fixed, mobile, and personal/ 

portable white space devices shall 

comply with the required separation 

distances in paragraph (a)(2) of this 

section from the protected contours of 

TV stations in Canada and Mexico. 

White space devices are not required to 

comply with the separation distances in 

paragraph (a)(2) from portions of the 

protected contours of Canadian or 

Mexican TV stations that fall within the 

United States. 

(h) * * * 

(1) Operation of fixed, mobile, and 

personal/portable white space devices is 

prohibited on all channels within 2.4 

kilometers at the following locations. 

* * * * * 

(i) * * * 

(1) Fixed white space devices may 

only operate above 4 W EIRP in less 

congested areas as defined in § 15.703. 

* * * * * 

■ 7. Amend § 15.713 by revising 

paragraphs (a)(1), (e)(1), (2), (3), and (6), 

(h), and (l)(2) to read as follows: 

§ 15.713 White space database. 

(a) * * * 

(1) To determine and provide to a 

white space device, upon request, the 

available channels at the white space 

device’s location in the TV bands, the 

600 MHz duplex gap, the 600 MHz 

service band, and 608–614 MHz 

(channel 37). Available channels are 

determined based on the interference 

protection requirements in § 15.712. A 

database must provide fixed, mobile, 

and Mode II personal portable white 

space devices with channel availability 

information that includes scheduled 

changes in channel availability over the 

course of the 48-hour period beginning 

at the time the white space devices 

make a recheck contact. In making lists 

of available channels available to a 

white space device, the white space 

database shall ensure that all 

communications and interactions 

between the white space database and 

the white space device include adequate 

security measures such that 


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2296 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

unauthorized parties cannot access or 

alter the white space database or the list 

of available channels sent to white 

space devices or otherwise affect the 

database system or white space devices 

in performing their intended functions 

or in providing adequate interference 

protections to authorized services 

operating in the TV bands, the 600 MHz 

duplex gap, the 600 MHz service band, 

and 608–614 MHz (channel 37). In 

addition, a white space database must 

also verify that the FCC identifier (FCC 

ID) of a device seeking access to its 

services is valid; under the requirement 

in this paragraph (a)(1) the white space 

database must also verify that the FCC 

ID of a Mode I device provided by a 

fixed or Mode II device is valid. A list 

of devices with valid FCC IDs and the 

FCC IDs of those devices is to be 

obtained from the Commission’s 

Equipment Authorization System. 

* * * * * 

(e) * * * 

(1) Fixed, mobile, and Mode II white 

space devices must provide their 

location and required identifying 

information to the white space database 

in accordance with the provisions of 

this subpart. 

(2) Fixed, mobile, and Mode II white 

space devices shall not transmit unless 

they receive, from the white space 

database, a list of available channels and 

may only transmit on the available 

channels on the list provided by the 

database. 

(3) Fixed and mobile white space 

devices register and receive a list of 

available channels from the database by 

connecting to the internet, either 

directly or through another fixed white 

space device that has a direct 

connection to the internet. Fixed 

devices must also register with the 

database in accordance with paragraph 

(g) of this section. 

* * * * * 

(6) A fixed device with an antenna 

height above ground that exceeds 30 

meters or an antenna height above 

average terrain (HAAT) that exceeds 250 

meters generally, or 500 meters in less 

congested areas shall not be provided a 

list of available channels. The HAAT is 

to be calculated using computational 

software employing the methodology in 

§ 73.684(d) of this chapter. 

* * * * * 

(h) Mode II personal/portable and 

mobile device information to database. 

(1) A mobile device and a personal/ 

portable device operating in Mode II 

shall provide the database its FCC 

Identifier (as required by § 2.926 of this 

chapter) and serial number as assigned 

by the manufacturer. 

(2) A personal/portable device 

operating in Mode II shall provide the 

database the device’s geographic 

coordinates (latitude and longitude 

(NAD 83)). 

(3) A mobile device shall provide the 

database with the boundaries of the geofenced area in which it will operate. 

Alternatively, the boundaries of the geofenced area may be loaded from the 

database into the mobile device. 

* * * * * 

(l) * * * 

(2) A white space database shall verify 

that the FCC identification number 

supplied by a fixed, mobile, or personal/ 

portable white space device is for a 

certified device and may not provide 

service to an uncertified device. 

* * * * * 

■ 8. Amend § 15.714 by revising 

paragraph (a) to read as follows: 

§ 15.714 White space database 

administration fees. 

(a) A white space database 

administrator may charge a fee for 

provision of lists of available channels 

to fixed, mobile, and personal/portable 

devices and for registering fixed 

devices. This paragraph (a) applies to 

devices that operate in the TV bands, 

the 600 MHz service band, the 600 MHz 

duplex gap, and 608–614 MHz (channel 

37). 

* * * * * 

■ 9. Amend § 15.715 by revising 

paragraph (e) to read as follows: 

§ 15.715 White space database 

administrator. 

* * * * * 

(e) Provide accurate lists of available 

channels and the corresponding 

maximum permitted power for each 

available channel to fixed, mobile, and 

personal/portable white space devices 

that submit to it the information 

required under § 15.713(e), (g), and (h) 

based on their geographic location and 

provide accurate lists of available 

channels and the corresponding 

maximum permitted power for each 

available channel to fixed, mobile, and 

Mode II devices requesting lists of 

available channels for Mode I devices. 

Database administrators may allow 

prospective operators of white space 

devices to query the database and 

determine whether there are vacant 

channels at a particular location. 

* * * * * 

[FR Doc. 2020–26706 Filed 1–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 20–331; RM–11863; DA 20– 

1436; FRS 17286] 

Television Broadcasting Services; 

Mesa, Arizona 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Media Bureau, Video 

Division (Bureau) has before it a notice 

of proposed rulemaking issued in 

response to a petition for rulemaking 

filed by Multimedia Holdings 

Corporation (Multimedia), licensee of 

KPNX, channel 12 (NBC), Mesa, 

Arizona, requesting the substitution of 

channel 18 for channel 12 at Mesa in the 

DTV Table of Allotments. The Bureau 

had instituted a freeze on the 

acceptance of rulemaking petitions by 

full power television stations requesting 

channel substitutions in May 2011 and 

waived the freeze to consider 

Multimedia’s proposal to substitute 

channel 18 at Mesa. TEGNA, Inc., filed 

comments in support of the petition 

reaffirming its commitment to applying 

for channel 18. The Bureau believes the 

public interest would be served by the 

substitution and will permit the station 

to better serve its viewers, who have 

experienced reception problems with 

VHF channel 12. 

DATES: Effective January 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at 

Joyce.Bernstein@fcc.gov, or (202) 418– 

1647. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 20–331; RM– 

11863; DA 20–1436, adopted December 

2, 2020, and released December 2, 2020. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats for people with 

disabilities (braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 


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