Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 9297 

0.291 of the Commission’s rules, 47 CFR 

0.91 and 0.291, amending the 

operational date of §§ 54.624, 54.625, 

54.626, and 54.627 of the Commission’s 

rules, 47 CFR 54.624, 54.625, 54.626, 

and 54.627, as indicated herein. 

7. It is further ordered that, pursuant 

to § 1.102(b)(1) of the Commission’s 

rules, 47 CFR 1.102(b)(1), the order shall 

be effective March 15, 2021. 

Federal Communications Commission. 

Cheryl L. Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division Wireline Competition Bureau. 

Editorial note: This document was 

received for publication at the Office of the 

Federal Register on January 8, 2021. 

[FR Doc. 2021–00588 Filed 2–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket Nos. 15–146; GN Docket No. 

12–268; FCC 20–175; FRS 17303] 

Amendment of the Commission’s 

Rules To Provide for the Preservation 

of One Vacant Channel in the UHF 

Television Band for Use by White 

Space Devices and Wireless 

Microphones 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order 

(Order), the Federal Communications 

Commission declines to adopt rules 

proposed in the Commission’s 2015 

Notice of Proposed Rulemaking, 30 FCC 

Rcd 6711 (2015) (2015 NPRM) in this 

proceeding and, therefore, terminates 

the proceeding. While the Commission 

continues to support unlicensed white 

space devices and wireless microphone 

user operations and continues to believe 

they serve important interests, based on 

the record of this proceeding and in 

light of other actions it has taken during 

the years since the rules were proposed, 

coupled with the increased burden that 

its 2015 proposal would place on the 

use by broadcasters of spectrum in the 

more consolidated TV band that now 

exists following the Incentive Auction, 

the Commission finds that the rules 

proposed in the 2015 NPRM would not 

serve the public interest. In reaching 

this conclusion, the Commission finds 

other actions it has taken since the 2015 

NPRM to support white space devices 

and wireless microphones are the 

preferred avenues for the continued 

support of these services. Accordingly, 

the Commission terminates this docket. 

DATES: The decision is effective 

February 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Shaun.Maher@fcc.gov of 

the Media Bureau, (202) 418–2324. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), MB Docket Nos. 15– 

146; GN Docket No. 12–268; FCC 20– 

175, adopted on December 8, 2020 and 

released December 9, 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). 

Synopsis 

1. In this Order, the Commission 

declines to adopt the proposals in the 

2015 NPRM finding that support of 

white space device and wireless 

microphone users is now more 

effectively being achieved through other 

Commission proceedings, and, as a 

result, the proposals to preserve a 

vacant channel for shared use by white 

space devices and wireless microphone 

operations do not serve the public 

interest. 

2. The Commission finds that the 

spectrum landscape has changed 

significantly since 2015. Without 

question, today’s TV band is smaller 

and more densely packed than it was at 

the time the Commission adopted the 

2015 NPRM. To illustrate, at the time 

the 2015 NPRM was adopted, there were 

1,384 full power and Class A televisions 

stations operating on UHF channels 21 

through 51 for an average of 46 stations 

per channel. Today, there are 1,088 such 

stations operating on channels 21 

through 36, an average of 68 stations per 

channel, many with expanded facilities. 

In addition, the TV band is more 

densely packed as a result of changes 

made by stations after the Incentive 

Auction and because reverse auction 

winners continue to operate in the new 

TV band. Analyses using the 

Commission’s TVStudy software reveal 

that there are numerous major 

metropolitan areas in the United States 

that have no vacant, 6 MHz channels. 

This reality undermines the 

Commission’s goal of creating a 

nationwide solution as proponents of 

the 2015 NPRM proposal argued on 

behalf of the proposal on the grounds 

that such a nationwide vacant channel 

was essential. 

3. Subsequent to adoption of the 2015 

NPRM, the Commission took a number 

of significant steps to ensure that white 

space device and wireless microphone 

operations can flourish. In responding 

to the 2015 NPRM, white space device 

proponents cited the need to create 

certainty that vacant channels would be 

available for their use in order to 

promote greater innovation in new 

devices and services, including 

increased access to broadband services 

across the country. The Commission 

believes that its more recent actions in 

other proceedings have helped to create 

such certainty by allowing for more 

robust service and efficient spectral use 

in the post-Incentive Auction television 

band as well as in the 600 MHz guard 

bands and 600 MHz wireless services 

and by revising the rules to allow for 

enhanced fixed white space device 

operations in rural areas. The 

Commission finds that these actions 

have achieved the benefits sought by 

white space device proponents and 

obviate the need to impose the 

burdensome vacant channel 

preservation requirement on television 

broadcasters. Similarly, when 

responding to the 2015 NPRM, wireless 

microphone users expressed concerns 

about the reduced amount of spectrum 

that would be available for use by 

wireless microphones in the repacked 

TV bands, and they cited to such 

concerns to support their call to 

preserve a vacant channel for shared use 

with white space devices. Once again, 

the Commission believes that the steps 

it has taken in other proceedings since 

the 2015 NPRM will ensure that 

wireless microphone operators have 

access to sufficient spectrum, including 

spectrum outside of the broadcast 

television band, to meet their needs. 

These actions underscore the 

conclusion that the regulatory approach 

proposed in the 2015 NPRM is no longer 

needed and is outweighed by the 

burden that such an action would place 

on the broadcast users of the TV band. 

4. White Space Devices. In August 

2015, recognizing the significantly 

altered regulatory landscape for 

unlicensed white space devices in the 

broadcast television bands, the 

Commission adopted its White Spaces 

R&O, 30 FCC Rcd 9551. In that 

proceeding, the Commission modified 

several rules to allow for more robust 

service and efficient spectral use in the 

post-Incentive Auction television band 

as well as in the 600 MHz guard bands 

and 600 MHz wireless services band 

that would be created as a result of 

repurposing the television bands 

following the Incentive Auction. 

9298 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 

Specifically, the Commission enabled 

lower powered operations closer to 

television stations, as well as higher 

powered operations in less-congested 

rural areas that enhance broadband 

services in these areas. The Commission 

also established rules permitting white 

space device operations on spectrum 

outside of the broadcast television band 

in the 600 MHz guard bands (including 

duplex gap) and the 600 MHz wireless 

service band, and on channel 37. 

5. In the Commission’s White Spaces 

Reconsideration Order, 34 FCC Rcd 

1827, in that proceeding, it took 

additional action to promote white 

spaces operations. Recognizing that 

white space device operations served to 

provide vital links for broadband 

services to Americans especially in rural 

and underserved areas, the Commission 

increased the maximum permissible 

fixed white space device antenna height 

above ground level in less congested 

areas such as rural areas. 

6. In 2020, the Commission initiated 

a new proceeding proposing actions to 

‘‘spur the continued growth of the white 

space device ecosystem’’ that had been 

evolving. In the White Spaces NPRM, 35 

FCC Rcd 2101, the Commission focused 

chiefly on providing additional 

opportunities for unlicensed white 

space devices operating in the broadcast 

television bands to deliver wireless 

broadband services in rural and 

underserved areas and applications 

associated with the Internet of Things 

(IoT). The Commission initiated the 

proceeding largely in response to 

Microsoft’s 2019 petition for 

rulemaking, which had proposed 

revisions to promote greater flexibility 

for white space device operations in 

rural areas; which had garnered broad 

support from many white space device 

proponents. On October 28, 2020, the 

Commission issued a Report and Order 

and Further Notice of Proposed 

Rulemaking, FCC 20–156, adopting new 

targeted rules with this focus, which 

will benefit American consumers in 

rural and underserved areas while 

protecting broadcast television stations 

and other protected services initiated 

from harmful interference. Specifically, 

the Commission permitted higher power 

and higher antennas for fixed white 

space devices in ‘‘less congested’’ 

geographic areas where there continue 

to be vacant TV channels available for 

use by white space devices (and 

wireless microphones), and permitted 

higher power mobile operation within 

‘‘geo-fenced’’ areas in these ‘‘less 

congested’’ areas. The Commission also 

adopted rule changes designed to 

facilitate the development of new and 

innovative narrowband IoT services in 

these bands. Finally, the Commission 

sought comment on whether it should 

permit use of a terrain-based model 

(e.g., Longley-Rice Irregular Terrain 

Model) when determining available TV 

channels for white space device 

operations, which if adopted could 

potentially expand the areas available 

for white space device operations in this 

spectrum. 

7. In the 2015 vacant channel 

proceeding, white space device 

proponents argued that the proposals in 

the 2015 NPRM would ensure that the 

public has access to these services and 

would help promote investment and 

innovation in these technologies. The 

Commission’s more recent actions, 

however, reflect the subsequent 

evolution of white space device 

operations, as indicated by support from 

major white space device proponents 

over the last few years, to focus on rural 

and underserved areas where a 

substantial amount of spectrum remains 

available for white space devices after 

repacking. The Commission finds that 

these alternative actions are an effective 

means for the Commission to support 

white space device operations and the 

white space device ecosystem as it has 

evolved since 2015. We conclude that 

the rationale behind the Commission’s 

tentative conclusion concerning the 

need to preserve a vacant channel in the 

broadcast television band to provide 

certainty for the white space device 

industry no longer holds. 

8. Wireless microphones. In 2015, in 

a proceeding that had been initiated to 

explore steps to address wireless 

microphone users’ long-term needs 

following the Incentive Auction and 

repacking of the broadcast television 

band, the Commission adopted several 

changes to ensure sufficient spectrum 

would continue to available for wireless 

microphone use. With respect to the 

reconfigured broadcast television band 

following the Incentive Auction and 

repacking, the Commission revised its 

rules to provide more opportunities for 

wireless microphones to access 

spectrum by allowing greater use of the 

VHF broadcast television channels and 

more co-channel operations with 

television stations, and adopted more 

efficient analog and digital technical 

standards to ensure more efficient use of 

the available spectrum. The 

Commission also expanded eligibility 

for the licensed use of the 600 MHz 

duplex gap to all entities now eligible to 

hold wireless microphone licenses to 

use television band spectrum. The 

Commission also took several actions to 

promote use of spectrum bands outside 

of the broadcast television band, 

including providing new opportunities 

for use in UHF spectrum in the 900 

MHz band. 

9. In 2017, in the Wireless 

Microphones Reconsideration Order 

and Further Notice, 32 FCC Rcd 6077, 

the Commission furthered its goal of 

promoting wireless microphone 

operations and ensuring sufficient 

spectrum would be available following 

the Incentive Auction and repacking 

process. Specifically, it made technical 

revisions to rules it had adopted for 

both licensed and unlicensed wireless 

microphone operations in the TV bands, 

and in the 600 MHz guard band and 

duplex gap, as well as to rules for 

licensed wireless microphone 

operations in several frequency bands 

outside of the TV and 600 MHz bands, 

including the UHF spectrum in the 900 

MHz band. It also issued a Further 

Notice of Proposed Rulemaking seeking 

to ensure that certain professional 

theater, music, performing arts, or 

similar organizations that currently 

operate wireless microphones on an 

unlicensed basis can obtain licenses to 

operate in the broadcast television 

bands as well as other frequency bands, 

including UHF spectrum in the 900 

MHz band, if necessary, to ensure that 

they can provide the public interest 

benefits of significantly enhanced event 

productions to the American people. 

10. The Commission is not persuaded 

by wireless microphone commenters in 

the dormant docket proceeding who 

maintain that the Commission should 

refresh the record in this proceeding 

and adopt the vacant channel 

preservation proposals. The 

Commission finds that these proposals 

are no longer necessary to further their 

stated objective. 

11. Public Interest Analysis. While the 

Commission recognizes the important 

benefits provided by white space 

devices and wireless microphones in 

the TV bands, it finds that the other 

actions that the Commission has taken 

to support these users subsequent to 

issuance of the 2015 NPRM provide a 

better alternative for addressing their 

needs than through efforts to preserve a 

vacant channel. Moreover, the 

Commission can no longer say that the 

2015 NPRM’s proposals ‘‘will not 

significantly burden broadcast 

applicants.’’ NAB has stated the vacant 

channel proposals ‘‘would impose 

significant burdens on broadcasters both 

by restricting innovation and by 

imposing new and costly administrative 

burdens on broadcasters seeking to 

construct new or modified facilities.’’ 

The Commission agrees. In light of 

changed circumstances the Commission 

concludes that it should not deviate 

from previous Commission decisions 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 9299 

that use of the TV bands by primary and 

secondary broadcast users have priority 

over wireless microphones and white 

space devices. The Commission believes 

that preserving robust over-the-air 

broadcast television service remains an 

important spectrum allocation priority, 

especially to rural areas without 

adequate MVPD and broadband service 

alternatives. In addition, the 

Commission has recognized the promise 

of next generation ATSC 3.0 service by 

over-the-air television broadcasters to 

expand the universe of potential uses of 

broadcast spectrum capacity for new 

and innovative services in ways that 

will complement the nation’s 

burgeoning 5G networks and usher in a 

new wave of innovation and 

opportunity. As NAB and a number of 

broadcasters noted in their 2015 

comments, adoption of the proposed 

rules would serve to freeze full power 

stations in place and hamstring their 

ability to expand or innovate to better 

serve their viewers. Having restructured 

the TV band, the Commission finds that 

to now adopt a requirement that 

primary and/or secondary television 

stations protect spectrum availability for 

white space devices and wireless 

microphones in the smaller, more 

densely packed television band, would 

not serve the public interest. Moreover, 

NAB points out that the proposals 

would require ‘‘novel engineering 

studies’’ that ‘‘would be expensive and 

time-consuming, particularly for smaller 

broadcasters’’ where ‘‘the cost of 

conducting such studies is likely to be 

multiples of current engineering design 

costs.’’ Significantly, television stations 

would bear the administrative burden of 

studying and proving the availability of 

channels for other users in order to have 

an application that is otherwise in the 

public interest granted—both in 

congested areas where a vacant channel 

may not be available in the television 

band and in less congested areas where 

more spectrum is available such that 

analysis is not warranted. Therefore, the 

Commission finds that, on balance, 

seeking to preserve a vacant channel for 

shared use by white space devices and 

wireless microphone operations at this 

time, considering all of the actions that 

the Commission has taken since 2015 to 

promote those users’ interests, are 

outweighed by the burdens of the 

proposals on broadcasters and the 

Commission terminates the proceeding. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Editorial Note: The Office of the Federal 

Register received this document on December 

15, 2020. 

[FR Doc. 2020–28025 Filed 2–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[CG Docket No. 02–278; FCC 20–182; FRS 

17356] 

Government and Government 

Contractor Calls Under the Telephone 

Consumer Protection Act of 1991 

AGENCY: Federal Communications 

Commission. 

ACTION: Adjudicatory ruling. 

SUMMARY: In this document, the 

Commission finds that state government 

callers, like federal government callers, 

are not ‘‘persons’’ for purposes of the 

Telephone Consumer Protection Act 

(TCPA) because they are sovereign 

entities. The Commission also clarifies 

that a local government caller is a 

‘‘person’’ subject to the TCPA. On 

reconsideration of the Broadnet 

Declaratory Ruling, the Commission 

reverses its previous order to the extent 

that it provided that a contractor making 

calls on behalf of the federal 

government was not a ‘‘person’’ subject 

to the restrictions of the TCPA. The 

Commission also clarifies that a state or 

local government contractor, like a 

federal government contractor, is a 

‘‘person’’ and thus not exempt from the 

TCPA’s restrictions. This action was 

taken in response to petitions that 

sought clarification of these issues and 

removes any uncertainty on when 

governmental callers or contractors 

making calls on their behalf are required 

to obtain the prior express consent of 

called parties. 

DATES: Effective February 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Richard D. Smith of the Consumer and 

Governmental Affairs Bureau at (717) 

338–2797 or Richard.Smith@fcc.gov; or 

Kristi Thornton at (202) 418–2467 or 

Kristi.Thornton@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration, document FCC 20– 

182, released on December 14, 2020. 

The full text of document FCC 20–182 

is available online at https://

docs.fcc.gov/public/attachments/FCC20-182A1.pdf. To request this document 

in accessible formats for people with 

disabilities (e.g., Braille, large print, 

electronic files, audio format) or to 

request reasonable accommodations 

(e.g., accessible format documents, sign 

language interpreters, CART), send an 

email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice). 

Synopsis 

1. On reconsideration of the Broadnet 

Declaratory Ruling, the Commission 

reverses its previous order to the extent 

that it provided that a contractor making 

calls on behalf of the federal 

government was not a ‘‘person’’ subject 

to the restrictions in section 227(b)(1) of 

the TCPA. The Commission also 

clarifies that a state government caller 

making calls in the conduct of official 

government business is not a ‘‘person’’ 

subject to section 227(b)(1) of the TCPA, 

while a state or local government 

contractor, like a federal contractor, is a 

‘‘person’’ and thus not exempt from the 

TCPA’s restrictions. Finally, the 

Commission clarifies that a local 

government is a ‘‘person’’ subject to the 

TCPA. As such, the Commission grants 

in part the National Consumer Law 

Center (NCLC) petition for 

reconsideration, denies the Professional 

Services Council (PSC) petition for 

reconsideration, reverses the 

Commission’s Broadnet Declaratory 

Ruling in part, and grants in part and 

denies in part Broadnet’s petition for 

declaratory ruling. 

A. Federal Contractors are Subject to 

Section 227(b)(1) of the TCPA 

2. The Commission finds that a 

federal government contractor is a 

‘‘person’’ under section 227(b)(1). The 

term ‘‘person’’ as used in the TCPA and 

defined in the Communications Act 

(Act) expressly includes an ‘‘individual, 

partnership, association, joint-stock 

company, trust, or corporation’’ ‘‘unless 

the context otherwise requires.’’ Every 

federal contractor, including those 

acting as agents, falls within one of 

these categories. And, unlike the federal 

government itself, there is no 

longstanding presumption that a federal 

contractor is not a ‘‘person.’’ Nor does 

the Commission find any ‘‘context that 

otherwise requires’’ it to ignore the 

express language of the Act’s definition 

of the term ‘‘person’’ in this situation. 

Absent any applicable presumption to 

the contrary, the express definition of 

‘‘person’’ as contained in the Act is 

controlling. 

3. Federal government contractors 

may obtain consumers’ prior express 

consent to make calls covered by the