[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75814-75843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30184]



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Part V





Federal Communications Commission





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47 CFR Parts 0 and 15



Unlicensed Operation in the TV Broadcast Bands; Final Rule

Federal Register / Vol. 75 , No. 233 / Monday, December 6, 2010 / 
Rules and Regulations

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 15

[ET Docket No. 04-186 and 02-380; FCC 10-174]


Unlicensed Operation in the TV Broadcast Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document finalizes rules to make the unused spectrum in 
the TV bands available for unlicensed broadband wireless devices. This 
particular spectrum has excellent propagation characteristics that 
allow signals to reach farther and penetrate walls and other 
structures. Access to this spectrum could enable more powerful public 
Internet connections--super Wi-Fi hot spots--with extended range, fewer 
dead spots, and improved individual speeds as a result of reduced 
congestion on existing networks. This type of ``opportunistic use'' of 
spectrum has great potential for enabling access to other spectrum 
bands and improving spectrum efficiency. The Commission's actions here 
are expected to spur investment and innovation in applications and 
devices that will be used not only in the TV band but eventually in 
other frequency bands as well.

DATES: Effective January 5, 2011 except for amendments to Sec. Sec.  
15.713, 15.714, 15.715 and 15.717, which contain information collection 
requirements that are not effective until approved by the Office of 
Management and Budget. The Commission will publish a document in the 
Federal Register announcing the effective dates for those amendments.

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Policy and Rules 
Division, Office of Engineering and Technology, (202) 418-7506 or via 
e-mail <a href="/cdn-cgi/l/email-protection#024a77656a2c54636c56777b6e426461612c656d74"><span class="__cf_email__" data-cfemail="327a47555a1c64535c66474b5e725451511c555d44">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Memorandum Opinion and Order, ET Docket No. 04-186 and 02-380, adopted 
September 23, 2010 and released September 23, 2010. The full text of 
this document is available on the Commission's Internet site at http://www.fcc.gov. It is also available for inspection and copying during 
regular business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The full text of this document 
also may be purchased from the Commission's duplication contractor, 
Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY-
B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-
5563; e-mail <a href="/cdn-cgi/l/email-protection#591f1a1a191b1a09100e1c1b771a1614"><span class="__cf_email__" data-cfemail="1d5b5e5e5d5f5e4d544a585f335e5250">[email protected]</span></a>.

Paperwork Reduction Act of 1995 Analysis

    This document adopts new or revised information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13 (44 U.S.C. 3501-3520). The requirements will be 
submitted to the Office of Management and Budget (OMB) for review under 
section 3507(d) of the PRA. The Commission will publish a separate 
notice in the Federal Register inviting comment on the new or revised 
information collection requirements adopted herein. The requirements 
will not go into effect until OMB has approved them and the FCC has 
published a notice announcing the effective date of the information 
collection requirements. 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.''

Summary of the Second Memorandum Opinion and Order

    1. In this Second Memorandum Opinion and Order, the Commission 
addresses on reconsideration a wide variety of issues relating to 
unlicensed use of the TV bands. These issues include protection 
criteria for incumbent authorized services, technical rules for TV 
bands devices, TV bands database requirements, the channels that can 
used by TV bands devices, and several miscellaneous issues. The 
Commission is generally upholding the decisions it made in the Second 
Report and Order and Memorandum Opinion and Order (Second Report and 
Order) in this proceeding, 74 FR 7314, February 17, 2009. with some 
specific revisions and clarifications. In this regard the actions taken 
here are consistent with and continue the approach towards 
authorization of unlicensed devices in the TV bands that the Commission 
enunciated in the Second Report and Order--its actions in this 
proceeding are to be a conservative first step that includes many 
safeguards to prevent harmful interference to incumbent communications 
services. The Commission does, however, agree with petitioners with 
regard to a number of the requested changes to the rules and are 
modifying and clarify our rules as appropriate in granting those 
requests. The Commission believes these changes and clarifications will 
provide for improved protection of licensed services in the TV bands, 
resolve certain uncertainties in the rules and provide manufacturers 
with greater flexibility in designing products to meet market demands. 
The Commission decisions granting and denying the various requests for 
changes to our rules for TV bands devices are discussed.
    2. With the issuance of this decision and the forthcoming decision 
by the Commission's Office of Engineering and Technology on selection 
of one or more database managers, manufacturers will be able to begin 
to make unlicensed TV bands devices and systems available to consumers, 
business and government users for general use. The Commission intends 
to closely oversee the introduction of these devices to the market and 
will take whatever actions may be necessary to avoid, and if necessary 
correct, any harmful interference that may occur. Further, the 
Commission will consider in the future any changes to the rules that 
may be appropriate to provide greater flexibility for development of 
this technology and protect against harmful interference to incumbent 
communications services.
    3. Specifically, the Commission is resolving on reconsideration 
certain legal and technical issues in order to provide certainty 
concerning the rules for operation of unlicensed transmitting devices 
in the television broadcast frequency bands (unlicensed TV bands 
devices, or TVBDs). Resolution of these issues will allow manufacturers 
to begin marketing unlicensed communications devices and systems that 
operate on frequencies in the TV bands in areas where they are not used 
by licensed services (``TV white spaces''). The opening of these bands 
for unlicensed use, which represents the first significant increase in 
unlicensed spectrum below 5 GHz in over 20 years, will have significant 
benefits for both businesses and consumers and will promote more 
efficient spectrum use.
    4. The Commission responds to seventeen petitions for 
reconsideration that were filed in response to the Second Report and 
Order in this proceeding. These petitions collectively request numerous 
changes in the rules for TV bands devices. The Commission is upholding 
the majority of its prior decisions on the issues raised therein. In 
this regard, the Commission continues to believe that the approach it 
followed in the Second Report and Order is desirable and appropriate 
for this first step in allowing unlicensed operations

[[Page 75815]]

in the TV bands. The Commission does, however, find merit in a number 
of the requests for changes to the rules for TVBDs and is granting 
those requests by modifying and clarifying the rules in four areas. 
Specifically, the Commission is taking the following actions:
    <bullet> Protection Criteria for Incumbent Services
     [cir] Modifying the protection criteria for low power auxiliary 
stations such as wireless microphones to reduce the required separation 
between such devices and unlicensed personal/portable devices operating 
in Mode II.
     [cir] Modifying the definition of the receive sites entitled to 
protection outside of a television station's service area to include 
all multi-channel video programming distributors as defined by our 
rules.
     [cir] Reserving two vacant UHF channels for wireless microphones 
and other low power auxiliary service devices in all areas of the 
country.
     [cir] Allowing operators of event and production/show venues that 
use large numbers of wireless microphones on an unlicensed basis that 
cannot be accommodated in the two reserved channels and any others 
available at that location to register the sites of those venues on TV 
bands databases to receive the same geographic spacing protections 
afforded licensed wireless microphones.
     [cir] Restricting fixed TV bands devices from operating on 
locations where the ground level is more than 76 meters above the 
average terrain level in the area.
    <bullet> TV Bands Devices
     [cir] Eliminating the requirement that TV bands devices that 
incorporate geo-location and database access must also listen (sense) 
to detect the signals of TV stations and low power auxiliary service 
stations (wireless microphones). As part of that change the Commission 
is also revising and amending the rules in several aspects to reflect 
use of that method as the only means for determining channel 
availability. While the Commission is eliminating the sensing 
requirement for TVBDs, it is encouraging continued development of this 
capability because it believes that it holds promise to further 
improvements in spectrum efficiency in the TV spectrum in the future 
and will be a vital tool for providing opportunistic access to other 
spectrum bands.
     [cir] Adopting power spectral density limits for unlicensed TV 
bands devices.
     [cir] Modifying the rules governing measurement of adjacent 
channel emissions.
     [cir] Restricting fixed TV bands devices from operating at 
locations where the height above average terrain of the ground level is 
greater than 76 meters.
    <bullet> TV Bands Database
     [cir] Requiring that communications between TV bands devices and 
TV bands databases, and between multiple databases, are secure.
     [cir] Requiring that all information that is required by the 
Commission's rules to be in the TV bands databases be publicly 
available.
    <bullet> Use of TV Channels
     [cir] Amending the rules to protect Canadian and Mexican stations 
in the border areas by including those stations in the TV bands 
database as protected services.
     [cir] Changing the protection zone for the radio astronomy 
facility near Socorro, New Mexico to a rectangular area.
     [cir] Declining to grant a request by FiberTower to set aside TV 
channels for fixed licensed backhaul use.
    5. The Commission also makes other minor changes and refinements to 
its rules for TV bands devices. With these changes and clarifications, 
the rules will better ensure that licensed services are protected from 
interference while retaining flexibility for unlicensed devices to 
share the TV bands with them.

Protection Criteria for Incumbent Services

TV Stations

    6. In the Second Report and Order, the Commission adopted technical 
criteria for determining when a TV channel is considered vacant for the 
purpose of allowing operation of an unlicensed device on that channel. 
It protected full service TV stations and Class A TV, low power TV, TV 
translator and TV booster stations from interference within defined 
signal contours. The signal level defining a television station's 
protected contour varies depending on the type of station, e.g., analog 
or digital TV, and the band in which a TV station operates, e.g., VHF 
or UHF. The protected contours for analog TV stations are calculated in 
accordance with the F(50,50) curves specified in the Commission's 
rules, and the protected contours for digital TV stations are 
calculated in accordance with the F(50,90) curves. While part 74 of the 
rules protects low power stations to a higher signal strength contour, 
and therefore to a shorter distance, than full service TV stations, the 
Commission decided to require TV bands devices to protect low power 
stations to the same contour as full service TV stations.
    7. Decision. The Commission affirms its decisions regarding the 
protection contours for TV stations. First, the Commission declines to 
change the method that must be used to calculate TV station protected 
contours. No party has described an alternative model that will provide 
more accurate calculations of TV station contours than the Commission's 
current method. The current method of calculating TV station contours 
in Sec.  73.684 of the rules using the FCC curves in Sec.  73.699 of 
the rules is straightforward, well understood and has proven 
sufficiently accurate over time. Given the lack of compelling 
information to the contrary, the Commission believes that calculations 
of channel availability relying on that methodology will provide 
satisfactory protection of TV services. Further, with respect to 
Adaptrum's request that TV signal information be incorporated into the 
TV bands databases, the Commission is removing the requirement that TV 
bands devices that include a geo-location capability and access to a 
database must sense television and low power auxiliary stations. Thus, 
sensing information on the location of TV signals would not be 
available to incorporate into the database. The Commission agrees with 
Rudman/Ericksen that the TV bands device database should include 
information on transmit antenna beam tilt to permit TV contour 
calculations to be made consistent with part 73 of the rules and is 
modifying Sec.  15.713(h) of the rules accordingly.
    8. The Commission also affirms its decision to protect low power 
television stations to the same signal contour as full service TV 
stations. Low power stations may provide the only over-the-air 
broadcast services in rural areas, and the Commission disagrees that 
viewers of those stations should receive less protection than viewers 
of full service stations. Further, low power stations by their nature 
cover only a relatively small area, so a modest increase in the 
protected area beyond the defined part 74 contour for these stations 
will not significantly impact the deployment of TV bands devices.
    9. The Commission disagrees with SBE and Community Broadcasters 
that the rules fail to protect analog TV stations. While the D/U 
protection ratios for analog TV stations are higher than for digital 
stations, the protected service contours for analog stations are also 
higher than for digital stations. The net result is that the level of 
an undesired signal from a TVBD that will cause interference to an 
analog station is higher than the level that will cause interference to 
a digital station. Thus, the Commission's standards for protection of 
digital TV stations from

[[Page 75816]]

interference caused by TVBDs when applied for protection of analog TV 
stations provide somewhat greater protection of analog TV stations than 
would standards produced from a similar analysis that specifically 
considered protection of analog TV stations. The Commission also finds 
that an analysis focusing on digital operation is appropriate for low 
power television stations because these stations will eventually 
convert to digital operation.
    10. The Commission declines to adopt any new requirements related 
to the use of TV bands devices in close proximity to amplified indoor 
antennas. A TV bands device and a TV receiver in close proximity would 
be under the control of the same party who could take steps to 
eliminate interference. The Commission previously adopted a requirement 
in the Second Report and Order requiring manufacturers to provide 
information to consumers on possible methods to resolve interference to 
television in the event it occurs, so the Commission finds no need to 
adopt any additional requirements.

Wireless Microphones and Other Low Power Auxiliary Stations

    11. In the Second Report and Order, the Commission decided that the 
locations where licensed part 74 low power auxiliary stations, 
including wireless microphones, are used can be registered in the TV 
bands device database and will be protected from interference from TV 
bands devices. TV bands devices may not operate co-channel to a 
registered low power auxiliary station within a distance of 1 kilometer 
of the registered coordinates.
    12. Decision. The Commission continues to recognize that wireless 
microphones are currently used in many different venues where people 
gather for events large and small and many consumers and businesses 
have come to rely on these devices. The Commission has previously 
limited use of channels 2 and 5-20 to communications between fixed 
TVBDs and reserved two channels in the range 14-51 in the 13 markets 
where PLMRS and CMRS systems operate to make sure that frequencies are 
available for wireless microphones. The Commission herein expands the 
reservation of two channels in the range 14-51 to all markets 
nationwide as suggested by several petitioners. This will provide 
frequencies where a limited but substantial number of wireless 
microphones can be operated on any basis without the potential for 
interference from TV bands devices. It will also ensure that 
frequencies are available everywhere for licensed wireless microphones 
used on a roving basis to operate without risk of receiving harmful 
interference from TVBDs. The Commission has also provided for a nominal 
separation distance between TVBDs and sites of venues and events where 
large numbers of unlicensed wireless microphones used by permitting 
such sites to be registered in the TV bands databases. Further, it 
notes that at any particular location a number of TV channels will not 
be available for use by TVBDs due to the application of the various 
interference protection requirements under our rules. Thus, a 
significant amount of spectrum will be available on which wireless 
microphones can be operated as they have in the past without concern 
for interference from TVBDs. The Commission believes that this spectrum 
will provide sufficient frequencies to support wireless microphone 
operations at the great majority of events. The Commission disagrees 
with those who argue that more spectrum should be reserved for wireless 
microphones. It observes that wireless microphones generally have 
operated very inefficiently, perhaps in part due to the luxury of 
having access to a wealth of spectrum. While there may be users that 
believe they need access to more spectrum to accommodate more wireless 
microphones, the Commission finds that any such needs must be 
accommodated through improvements in spectrum efficiency. The 
Commission underscored this point in the currently pending wireless 
microphone proceeding and sought comment on solutions that could enable 
wireless microphones to operate more efficiently and/or improve their 
immunity to harmful interference, See Report and Order and Further 
Notice of Proposed Rule Making in WT Docket Nos. 08-166 and 08-167 and 
ET Docket No. 10-24, 25 FCC Rcd 643, 702 (2010), FCC 10-16, 75 FR 9113, 
March 1, 2010. The Commission will continue to pursue this issue as it 
considers possible repurposing of the TV spectrum.
    13. The Commission disagrees with the petitioners that argue 
unlicensed wireless microphones should be subject to the same 
requirements as TVBDs under the rules. There are many important 
differences that make it impractical to apply the same rules to both 
types of devices. For example, TVBDs are expected to be data devices 
that will have access to the Internet. Wireless microphones do not 
typically include geo-location technology nor do they connect to the 
Internet, so requiring these devices to check for channel availability 
through a database would be impractical. Also, TVBDs generally should 
be able to tolerate some latency, whereas wireless microphones operate 
in real time and generally cannot tolerate significant latency. Most 
importantly, unlicensed wireless microphones have been operating for 
quite some time without causing harmful interference. Accordingly, the 
Commission concludes that unlicensed wireless microphones should not be 
subject to the more confined approach it has applied to TVBDs.
    14. With regard to registration of unlicensed devices in the TV 
bands databases, the Commission first observes that unlicensed wireless 
microphones operate under the same general conditions of operation in 
Sec.  15.5 of the rules as TV bands devices, meaning they may not cause 
interference to authorized services and must accept any interference 
received, including interference from other non-licensed devices. As a 
general matter, the Commission therefore finds that it would be 
inappropriate to protect unlicensed wireless microphones against 
harmful interference from other unlicensed devices, and in particular 
TV bands devices. The Commission observes that there are a wide variety 
of applications for wireless microphones ranging from a single wireless 
microphone used by a performer or presenter, to small theatrical 
productions using perhaps 10-20 microphones, to large scale productions 
and events such as professional sports events and Broadway style 
productions that may use well over 100 wireless microphones. The 
overwhelming majority of such use does not merit registration in the TV 
bands database. In cases where the number of wireless microphones 
needed for an event is relatively low, the operator of unlicensed 
microphones can avoid receiving harmful interference from TVBDs by 
simply using the reserved channels or other channels in each market 
where TVBDs are not allowed to operate. The two reserved TV channels 
will accommodate a minimum of at least 16 wireless microphones, and the 
additional channels that are not available for TVBDs at most locations 
will accommodate many additional wireless microphones. On the other 
hand, the Commission recognizes that certain events, such as major 
sporting contests or live theatrical productions/shows, may use scores 
of wireless microphones and therefore may not be able to be 
accommodated in the two reserved channels and other channels that may 
be available for wireless microphones at that location.

[[Page 75817]]

    15. Accordingly, the Commission is addressing unlicensed wireless 
microphones and low power auxiliary devices in our rules for TV band 
devices as follows. As the general rule, it is not allowing unlicensed 
wireless microphones and other low power auxiliary devices operating 
without a license to be registered in the database; these devices will 
not be afforded protection from interference from TV bands devices on 
channels where TV bands devices are allowed to operate. Entities 
desiring to operate wireless microphones on an unlicensed basis without 
potential for interference from TVBDs may use the two channels in each 
market area where TVBDs are not allowed to operate, as well as other TV 
channels that will be available in the vast majority of locations. Such 
entities may consult with a TV bands database to identify the reserved 
channels at their location, as well as the TV channels that may not be 
available for TV band devices. Entities operating or otherwise 
responsible for the audio systems at major events where large numbers 
of wireless microphones will be used and cannot be accommodated in the 
available channels at that location may request registration of the 
site in the TV bands databases. The registration requests must be filed 
with the Commission. Entities filing registration requests will be 
required to certify that they are using the reserved channels and all 
other available channels from 7-51 (except channel 37) that are not 
available for use by TV band devices and are practicable for use by 
wireless microphones. The request to be registered must be filed with 
the Commission at least 30 days in advance and include the hours, dates 
or days of the week and specific weeks on which those microphones will 
be in actual use (on dates where events are not taking place, those 
sites will not be protected) and other identifying information also 
required of low power auxiliary licensees. Unlicensed microphones at 
event sites qualifying for registration in TV bands databases will be 
afforded the same geographic spacing from TVBDs as licensed 
microphones. The Commission also advises entities responsible for event 
sites qualifying for registration in TV bands databases that 
registration does not create or establish any form or right or 
assurance of continued use of the spectrum in the future.
    16. To allow it to better identify registered wireless microphone 
licensed operations and unlicensed sites, the Commission adopted the 
following registration procedures. Operators of licensed wireless 
microphones may register sites directly with one of the designated 
database administrators and provide the information required by the 
rules, which the Commission is amending to include the wireless 
microphone call sign. As indicated, operators of venues using 
unlicensed wireless microphones will be required to register their 
sites with the Commission, which will transmit the information to the 
TV bands device database administrators. For the purpose of this 
registration, the Commission will develop a form that will allow the 
information to be filed through one of the Commission's electronic 
filing systems, such as the Universal Licensing System (ULS). The 
applicant will be required to certify that it complies with the 
requirements for registration of unlicensed wireless microphones, 
including that it will first make use of all TV channels not available 
for TV bands devices that are practicable for wireless microphone use, 
including channels 7-51 (except channel 37), and submit the information 
specified by the rules, which we are amending to include the name of 
the venue where the equipment is operated. As a benchmark, at least 6-8 
wireless microphones must be operating in each channel that is being 
used for the event. Registration requests that do not meet these 
criteria will not be registered in the TV bands databases. The 
Commission will take actions against parties that file inaccurate or 
incomplete information, such as denial of registration in the database, 
removal of information from the database pursuant to Sec.  15.713(i), 
or other sanctions as appropriate to ensure compliance with the rules. 
The Commission will make requests for registration of sites that use 
unlicensed wireless microphones public and will provide an opportunity 
for public comment or objections. The Commission has delegated 
authority for administering this registration process jointly to its 
Office of Engineering and Technology and Wireless Telecommunications 
Bureaus.
    17. The Commission is maintaining the requirement that fixed TV 
bands devices may not operate co-channel with low power auxiliary 
stations within 1 km of their coordinates registered in the TV bands 
databases. The Commission recognizes the arguments of Shure and CWMU 
about the difference in power levels between fixed TV bands devices and 
wireless microphones. However, whether harmful interference occurs in a 
particular situation depends on many factors, including the undesired 
signal power, antenna directivity and separation distance, as well as 
the level of the desired signal at the receiver, the receive antenna 
and receiver characteristics, and any intervening structures or terrain 
that could attenuate the undesired signal. Neither Shure nor CWMU 
provided an analysis with their petitions demonstrating that the 1 km 
separation distance adopted in the Second Report and Order is 
inadequate for fixed devices when taking all relevant factors into 
account. In cases where licensed low power auxiliary stations are being 
used at large outdoor venues, such as racetracks or golf courses, the 
Commission will permit the party registering the devices to specify the 
coordinates of multiple locations within the site to ensure that 
protection is provided over the entire facility where microphones are 
being used.
    18. However, the Commission agrees with petitioners that argue that 
it is not necessary to provide low power auxiliary stations the same 
protection from personal/portable TV bands devices because the latter 
operate with power levels at least forty times lower than the maximum 
power permitted for fixed TV bands devices. Therefore, it is modifying 
the rules to require that Mode II (independent) personal/portable 
devices not operate co-channel with low power auxiliary stations within 
400 meters (0.4 km) of their coordinates registered in the TV bands 
device database. A 100 mW transmitter will produce a lower signal at 
400 meters than a 4 watt transmitter at 1 km using a free space 
calculation, so this shorter distance will provide greater protection 
for low power auxiliary devices from 100 mW TV bands devices than a 1 
km separation from 4 watt devices. The Commission will use this same 
400 meters distance for personal/portable devices that operate with 
less than 100 mW of power.
    19. The Commission finds that it is not practical to protect 
wireless microphones using information obtained from the ULS and 
declines to require that that information be used in defining such 
protection as suggested by Rudman/Ericksen. Some wireless microphones 
are licensed using specific coordinates, while others are licensed to a 
wide area such as the entire service area of a TV station, and a 
license may specify multiple operating channels. The Commission also 
observes that wireless microphones can be operated intermittently at 
discrete locations, rather than continuously over a wide area. Thus, 
the use of ULS licensing data could preclude TV bands devices from 
operating on multiple channels and at locations where no wireless 
microphones are in operation.

[[Page 75818]]

Translators, Cable Headends and Multichannel Video Program Distributors

    20. In the Second Report and Order, the Commission adopted rules to 
protect TV translator receive sites and cable TV headends that are 
located outside the protected contours of the TV stations being 
received. TV translator receive sites are often located on high towers 
or at high elevations and use high gain antennas to receive a full 
service station's signal well beyond the station's service area. Cable 
headends are facilities that acquire and distribute video service 
signals over a cable television system. Broadcast TV signals are often 
received off-the-air at a cable headend for retransmission over the 
cable system. In many cases, the cable headend will use an antenna with 
high gain antenna mounted high on a tower to receive a TV station's 
signals well beyond the station's service area in a manner similar to 
that used by TV translators. The Commission found that it is important 
to avoid disruption of TV service to viewers who are located beyond TV 
station service areas and able to receive those signals through 
retransmission on TV translators and cable systems. While those viewers 
are in fact located beyond the areas where the Commission normally 
protects TV services, in these cases TV services have de facto been 
extended and valuable service is being provided to a significant number 
of households. If a TV bands device were to be located between the TV 
translator/cable headend and TV station and then operate on one or more 
of the channels being received by those facilities in a manner that 
results in harmful interference, TV reception to the households and the 
cable system services could be disrupted.
    21. To protect cable headends and TV translator receive sites which 
are not listed in Commission databases, the Commission allowed 
operators of TV translator receive sites and cable headends that are 
located within 80 km of the service contour of the received TV station 
to register their location and the channel(s) they receive in the TV 
bands device database. To prevent unnecessary entries into the 
database, the Commission permitted translator receive sites and cable 
headends to be registered only if they are outside the protected 
contour of the TV station being received. The rules limit operation of 
TV bands devices co-channel and adjacent to the channel(s) being 
received over an arc of <plus-minus> 30 degrees from a line between the 
receive site and the TV station(s) being received. Within this arc, TV 
bands devices operating co-channel to the received station may not 
operate within 80 km of the receive site, and TV bands devices on 
channels adjacent to the received station may not operate within 20 km 
of the receive site. The protection radius extends only as far as the 
protected contour of the station being received, so the co-channel 
protection distance would be less than 80 km for receive sites closer 
than this distance from a protected contour, and both the co-channel 
and adjacent channel protection distances would be less than 20 km for 
receive sites closer than this distance from a protected contour. In 
addition, to prevent interference to TV translators and cable headends 
from TV bands devices outside the main beam of the receive antenna, the 
Commission prohibited TV bands devices from operating co-channel to the 
channel(s) being received by these facilities within 8 kilometers and 
from operating on adjacent channels within 2 kilometers in all 
directions off the <plus-minus> 30 degree arc.
    22. Decision. The Commission modified the rules to expand and more 
clearly define the types of receive facilities that may be registered 
in the TV bands database and are making certain changes to the 
protection criteria for these receive facilities. The purpose of 
permitting the registration of receive sites is to protect the 
reception of over-the-air TV signals that are redistributed through 
another means. Consistent with this intent, the Commission will permit 
the registration of TV receive sites for other types of video service 
providers besides cable systems and is modifying the rules in this 
regard to more clearly and completely define the types of facilities 
that may be registered. The Commission therefore specifies that receive 
sites of all multi-channel video programming distributors (MVPDs) as 
defined by section 602(13) of the Communications Act may be voluntarily 
registered in the database, in addition to TV translator receive sites.
    23. The Commission recognizes that there are cable headends that 
receive TV station signals located at distances beyond 80 km from the 
edge of a television station's protected service contour and understand 
NCTA's concern for possible disruption service to cable subscribers. 
These same considerations would apply to other MVPDs and to TV 
translator, low power TV and Class A TV stations that re-transmit 
programming from another TV station. The Commission does not believe 
that the requested change would have significant impact on the 
availability of TV white space because these facilities are generally 
in remote areas where many channels will be available for white space 
devices. However, the Commission also recognizes that parties may wish 
to have an opportunity to review such requests to confirm the 
assessment. We are therefore providing that current MVPD operators, TV 
translator, low power TV and Class A TV stations with receive sites 
located beyond the 80 km co-channel protection distance in the rules 
may apply for a waiver of that distance during a period that will end 
90 days after the effective date of the rules adopted herein. Such 
waiver requests would also involve shifting the 20 km adjacent channel 
protection distance so that it is measured from the actual receive 
site. The Commission will then issue a public notice requesting comment 
on requests it receives and issue decisions. MVPD operators and TV 
translator, low power TV and class A TV stations that commence 
operation in the future with receive sites located beyond the co-
channel and adjacent protection distances may apply for a waiver of 
those distances within 90 days of commencing operation. Following 
receipt of such request(s), the Commission will then issue a public 
notice asking for comment on the request(s) and issue decision(s).
    24. The Commission declines to increase the width of the <plus-
minus>30 degree protected arc as requested by NCTA. A receive site 
located outside the protected contour of a TV station would need to 
incorporate a high gain receive antenna, which has a narrow beamwidth. 
While it recognizes NCTA's argument that an antenna has side lobes that 
will allow it to receive signals outside its main beam, this does not 
in itself demonstrate that the current protection requirement is 
inadequate or that a wider protected arc is necessary. Adaptrum 
provides no information to support its argument that the protection 
distance outside of the main lobe of the receive antenna should be 
significantly reduced and we therefore deny that request. The 
Commission further declines to require operators of fixed TV bands 
devices to coordinate with operators of receive sites. The requirements 
it has adopted are extremely conservative and will adequately protect 
receive sites, so a coordination requirement is unnecessary and would 
be cumbersome to implement.
    25. The Commission finds it unnecessary to provide for registration 
of receive sites within the protected contour of a TV station being 
received and thus declines to allow such registrations. Within a 
station's protected service contour, receive sites are protected from 
interference by the

[[Page 75819]]

same provisions that protect reception by consumers. The rules require 
that TV bands devices be located outside the contour of a co-channel TV 
station, so a TV bands device located near a contour that is 
communicating with another TV bands device would not be directing its 
signal into the contour where the receive site is located. Further, a 
receive site inside, but near the edge of a protected contour, would 
have it receive antenna directed toward the TV station and not at the 
TV bands device outside the contour. Therefore, the orientation of the 
antennas in this situation makes interference highly unlikely. 
Additionally, a TV bands device operating on a channel adjacent to an 
occupied TV channel is permitted to operate within the service contour, 
but at a lower power level not to exceed 40 mW. This lower power level 
combined with the fact that a receive site within a contour will 
receive a higher signal level than a receive site outside the contour 
makes adjacent channel interference from that source again unlikely. 
Furthermore, in the event that interference does occur, the operator of 
the TV bands device is required to cease operation.
    26. Finally, the Commission is modifying the text of the rules to 
clarify that registration for receive sites is limited to channels that 
are received over-the-air and are used as part of service of the MVPD, 
TV translator, low power TV station or Class A TV station. The 
Commission is not limiting registration to local channels so as not to 
preclude the possibility that an MVPD or TV translator/low power 
television station may retransmit out-of-market channels if it is 
authorized to do so.

TV Bands Devices

Spectrum Sensing

    27. In addition to requiring that TV bands devices access a 
database to determine available channels, the Commission decided in the 
Second Report and Order to require that TV bands devices be capable of 
sensing analog TV signals, digital TV signals and wireless microphone 
signals at a level of -114 dBm within defined receiver bandwidths. This 
level is referenced to an omni-directional receive antenna with a gain 
of 0 dBi. If a receive antenna with a minimum directional gain of less 
than 0 dBi is used, the detection threshold must be reduced by the 
amount in dB that the minimum directional gain of the antenna is less 
than 0 dBi. Alternative approaches for the sensing antenna are 
permitted that provide at least the same performance as an omni-
directional antenna with 0 dBi gain. The Commission also required that 
the receive antenna used by fixed devices be located at least 10 meters 
above the ground to maximize the likelihood that its reception is not 
blocked from receiving signals originating from any direction. It found 
that receive antenna height requirements are impractical for personal/
portable devices and declined to impose such requirements on those 
devices.
    28. Under the rules adopted in the Second Report and Order, a TV 
bands device is permitted to begin operating on a TV channel if no 
wireless microphone or other low power auxiliary device signals above 
the detection threshold are detected within a minimum time interval of 
30 seconds. A TV bands device must also perform in-service monitoring 
of channels on which it operates a minimum of once every 60 seconds. 
There is no minimum channel availability check time for in-service 
monitoring. If a device detects a wireless microphone or other low 
power auxiliary device signal on a channel it is using, the device must 
cease all transmissions on that channel within two seconds. If a TV 
signal is detected on a channel indicated as available for use by the 
database, the TV bands device must provide a notice of that detection 
to the operator of the device and provide a means for the operator to 
remove the channel from the device's list of available channels. 
However, with respect to TV signals, the database is the controlling 
factor in determining whether a channel is available, and there is no 
requirement for a TV bands device to avoid operating on a channel where 
it detects a TV signal, since it is possible to detect a signal outside 
a station's protected service contour.
    29. A personal/portable device operating in Mode I must identify 
(report) those TV channels on which it senses a wireless microphone or 
television signal above the detection threshold to the fixed or Mode II 
personal/portable device that provides it with a list of available 
channels. The fixed or Mode II device must respond as if it had 
detected the signal itself, i.e., it must not use the occupied channel 
if the Mode I device detects a wireless microphone and must report the 
TV signal detection to the operator of the device. In addition, TV 
bands devices communicating either directly with one another or linked 
through a base station must share information on channel occupancy 
determined by sensing. If any device in a local area group or network 
determines that a channel is occupied and notifies other devices with 
which it is linked, all the other linked devices will be required to 
respond as if they had detected the signal themselves.
    30. Decision. The Commission eliminated the requirement for TV 
bands devices that rely on geo-location and database access to sense 
analog and digital TV signals and also wireless microphones and other 
low power auxiliary stations. Much of this proceeding has focused on 
the central question of whether spectrum sensing is a viable tool for 
providing access to spectrum. The Commission has noted the benefits and 
limitations of spectrum sensing through testing conducted by its 
engineers and extensive discussion in the Second Report and Order. The 
Commission continues to believe that spectrum sensing will continue to 
develop and improve. It anticipates that some form of spectrum sensing 
may very well be included in TVBDs on a voluntary basis for purposes 
such as determining the quality of each channel relative to real and 
potential interference sources and enhancing spectrum sharing among 
TVBDs. However, at this juncture, the Commission does not believe that 
a mandatory spectrum sensing requirement best serves the public 
interest. As petitioners and responding parties indicate, the geo-
location and database access method and other provisions of the rules 
will provide adequate and reliable protection for television and low 
power broadcast auxiliary services, so that spectrum sensing is not 
necessary. With respect to protection of television services, the 
Commission observes that the geo-location and database method is 
already the primary means for preventing interference to TV stations. 
The sensing requirement adopted in the Second Report and Order only 
requires that a TV bands device inform the user when a TV signal above 
a threshold is detected and provide an opportunity for the user to 
change channel, but it does not preclude operation on a channel where a 
TV signal is detected. That is, the Second Report and Order essentially 
relied on geo-location and the TV bands databases to protect over-the-
air TV broadcasting, not spectrum sensing.
    31. The Commission also now concludes that inclusion of a spectrum 
sensing capability is not necessary to protect wireless microphone 
operations. Parties operating part 74 licensed low power auxiliary 
stations at fixed locations are eligible to register those operations 
in the TV bands device database to obtain interference protection from 
TV bands devices. As indicated, for parties ineligible for part

[[Page 75820]]

74 licensing, the Commission, in its Wireless Microphone R&O/FNPRM 
permitted the operation of low power auxiliary service stations on an 
unlicensed basis under part 15 of the rules pending a final decision on 
its proposals to expand eligibility for part 74 licensing and to allow 
a new category of wireless audio devices to operate in the core TV 
bands under part 15. Based on the Commission's informal observations of 
the marketing and uses of wireless microphones, it appears that the 
number of wireless microphones operating under the part 15 waiver 
significantly outnumbers those operating as part 74 licensed devices. 
Unlicensed devices operate on a non-interference basis, meaning they 
may not cause interference to authorized services, and must accept any 
interference received, including interference from other unlicensed 
devices such as TV bands devices. Requiring TV bands devices to sense 
low power auxiliary stations such as wireless microphones would 
inappropriately give interference protection to a large number of other 
unlicensed, unprotected devices because there is no way for the sensing 
feature of a TV bands device to distinguish licensed from unlicensed 
devices. The Commission recognizes that there will be some licensed low 
power auxiliary stations that can be used in roving applications for 
which the location cannot be known in advance and therefore cannot be 
registered in the TV bands device database. The Commission has reserved 
two channels at all locations on which unlicensed TV bands devices will 
not be allowed to operate in order to ensure that there are frequencies 
on which licensed microphones used in roving applications such as 
electronic news gathering can operate. The availability of the 
frequencies in these channels will make it unnecessary to provide 
special protection from interference for such applications.
    32. With the elimination of the spectrum sensing requirement for TV 
bands devices that use geo-location and database access, there is 
collaterally no longer a need for a minimum receive antenna height for 
fixed devices, and the Commission consequently is removing that 
requirement from the rules. The Commission also revised and amended 
certain elements of the rules so that they continue to provide 
comparable assurance of protection against interference in the absence 
of sensing capabilities and to clarify and simplify the rules as they 
pertain to interference protection. In addition to revisions of the 
geo-location and database access rules, the changes include revision of 
certain terms used in the rules and elimination of the terms ``client 
device,'' ``client mode,'' ``master device,'' and ``master mode.''
    33. As part of these changes, the Commission eliminated the 
requirements for devices operating in Mode I to use distributed 
sensing. It also observes that some of the comments on this issue 
appear to reflect an understanding that the rules permit extensive 
networks of devices that would all be linked together using a commonly 
identified list of available channels. The Commission wishes to correct 
any misconceptions that, at least at this stage, the rules contemplate 
or permit such networks and sharing of channel availability 
information. Rather, as stated in the Second Report and Order, the 
Commission will permit personal/portable TVBDs to be used in the 
operation of networks only where a means is provided to ensure that 
each device is operating consistent with the channels available at its 
particular location. The rules do not permit personal/portable devices 
operating in Mode I to relay channel availability information from one 
Mode I device to another Mode I device unless some means is used to 
ensure that each device is operating within the parameters for its 
particular location.
    34. The Commission's elimination of the general requirement that 
all TV bands devices perform spectrum sensing at least once per minute 
and report channel availability information to other devices in a 
network removes the only existing requirement in the rules for a Mode I 
device to maintain contact with a fixed or Mode II device. In reviewing 
this provision, the Commission also observed that the rules currently 
do not require that a Mode I device periodically re-establish its list 
of available channels through either device that uses geo-location and 
database access; however, such re-checks for channel availability are 
necessary to ensure that a Mode I device does not continue to operate 
on a channel that becomes unavailable. To address these concerns, the 
Commission is adding a requirement that a device operating in Mode I 
must either receive a special signal from the Mode II or fixed device 
that provided its current list of available channels to verify that it 
is still in reception range of that device or contact a Mode II or 
fixed device at least once per minute to re-verify/re-establish channel 
availability. This new requirement, including the special signal for 
verifying contact with the Mode II or fixed device that provided the 
Mode I device's list of available channels, is described in more detail 
in the section below on Re-check Procedures. This requirement is 
necessary because a Mode I device is not generally expected to be able 
to determine when it has moved, and it could possibly be moved to a 
location where the operating channel is occupied. Maintaining regular 
contact with a Mode II or fixed device will ensure that Mode I devices 
operate only on channels available at their location and that they 
cease operation when they move out of range of the device from which 
they obtained their list of available channels, in which case their 
list of available channels would no longer be valid. This requirement 
will also address situations where a Mode I device is no longer able to 
maintain contact with an operating fixed or Mode II device (for 
example, if the fixed or Mode II device with which the Mode I device 
has been communicating ceases operation and the Mode I device is not 
able to contact a replacement).
    35. In reviewing the rules in this context, the Commission also 
observes that Sec.  15.711(b)(3)(ii) of the rules requires that a Mode 
II personal/portable device access the database for a list of available 
channels each time it is activated from a power-off condition and re-
check its location and the database for available channels if it 
changes location during operation. It is the Commission's intent that a 
Mode II device monitor its location regularly to determine if its 
location has changed under this requirement. The Commission therefore 
amended this section of the rules to clarify that a Mode II device must 
use its geo-location capability to check its location at least once 
every 60 seconds, except when in ``sleep mode,'' i.e., in a mode in 
which the device is inactive but is not powered-down. This 
clarification will ensure that Mode II devices re-check their list of 
available channels within a short interval if their location changes. 
It will also provide clarity with respect the re-check requirements for 
devices that operate on a mobile basis within a bounded geographic area 
in which the same channels are available at all locations.
    36. While the Commission eliminated spectrum sensing for TVBDs that 
use geo-location and database access, it continues to believe that this 
technology offers significant promise for improving spectrum access and 
efficiency both in the TV bands and in providing access to other 
spectrum. Spectrum sensing has come a long way and some have expressed 
the view that even today it is sufficiently developed that it can be

[[Page 75821]]

relied upon for determining access to the TV bands and other spectrum. 
The Commission is therefore leaving open the opportunity to submit 
applications for certification of sensing-only devices. It acknowledges 
that the process for approval of such devices is rigorous. However, the 
Commission continues to believe that an open and transparent review as 
provided by that process is appropriate for sensing-only devices. 
Accordingly, the Commission retained the provisions in the rules that 
permit the authorization and operation of personal/portable TV bands 
devices that rely on sensing alone under a ``proof-of-performance'' 
standard. The Commission invites parties that submit such applications 
when they are ready to do so. The Commission takes this opportunity to 
clarify that devices that use sensing alone may initiate and 
participate in a network of TVBDs and may communicate with fixed, Mode 
I, Mode II and other sensing-only TVBDs but may not provide a Mode I 
device with a list of available channels. The Commission is also re-
locating the existing spectrum sensing technical provisions that 
previously applied to all TVBDs into the rule section on sensing-only 
devices.
    37. The Commission is also increasing the minimum required 
detection threshold for wireless microphones and other LPAS stations of 
sensing-only devices from -114 dBm to -107 dBm. It is making this 
change for two reasons. First, sensing-only devices must operate with 
lower power than fixed or other personal/portable devices (except for 
personal/portable devices operating on channels adjacent to television 
stations), so a higher detection threshold would provide a level of 
protection that is approximately comparable to a lower threshold in a 
higher power device. Second, the rules for such devices specify that 
although compliance with the detection threshold for spectrum sensing 
is required, it is not necessarily sufficient for demonstrating 
reliable interference avoidance. Thus, the required detection threshold 
we are adopting serves as a minimum performance criteria for a device.
    38. Authorization of a sensing only TVBD under the proof-of-
performance standard also requires that a manufacturer submit a 
prototype device that will be tested by the Commission to ensure that 
the device is capable of operating without interference prior to 
certification. The decision on whether to certify a sensing-only device 
will be based on its performance, and in particular its ability to 
reliably detect the presence of authorized transmissions. If the 
Commission determines through testing that a lower detection threshold 
is necessary to prevent interference then it will require the device to 
meet the lower threshold before it could be certified. The Commission 
believes that these requirements for sensing-only devices are 
sufficiently conservative to prevent interference to TV reception and 
low power auxiliary stations. The Commission sees no basis for 
increasing the threshold for sensing of television signals.

Technical Requirements

Antenna Height

    39. Because the range at which a TV bands device can cause 
interference increases as the height of the device's antenna increases, 
the Commission adopted a maximum antenna height limit of 30 meters 
above ground for fixed devices. This height limit was intended to 
balance unlicensed fixed TV bands device transmission range with the 
distance at which those operations could impact licensed services. The 
Commission did not impose height restrictions on personal/portable 
devices because it found that it is not practical to administer an 
antenna height limit for those devices and the lower power and limited 
antenna gain of personal/portable devices would generally result in 
propagation over a shorter range than fixed devices. Further, the 
Commission observed that personal/portable devices, unlike fixed 
devices which have gain antennas mounted outdoors to maximize the 
propagation range of their signals, will likely typically be used 
indoors where their signals will be attenuated by exterior walls. These 
factors will significantly reduce the range at which signals from a 
personal/portable device will be of sufficient field strength to cause 
interference.
    40. Decision. The Commission declines to increase the maximum 
permitted transmit antenna height above ground for fixed TV bands 
devices. As the Commission stated in the Second Report and Order, the 
30 meters above ground limit was established as a balance between the 
benefits of increasing TV bands device transmission range and the need 
to minimize the impact on licensed services. Consistent with the 
Commission's stated approach in the Second Report and Order of taking a 
conservative approach in protecting authorized services, it finds the 
prudent course of action is to maintain the previously adopted height 
limit. If, in the future, experience with TV bands devices indicates 
that these devices could operate at higher transmit heights without 
causing interference, the Commission could revisit the height limit.
    41. While the Commission expects that specifying a limit on antenna 
height above ground rather than above average terrain is satisfactory 
for controlling interference to authorized services in the majority of 
cases, it also recognizes petitioners' concerns about the increased 
potential for interference in instances where a fixed TV bands device 
antenna is located on a local geographic high point such as a hill or 
mountain. In such cases, the distance at which a TV bands device signal 
could propagate would be significantly increased, thus increasing the 
potential for interference to authorized operations in the TV bands. 
The Commission therefore concludes that it is necessary to modify our 
rules to limit the antenna HAAT of a fixed device as well as its 
antenna height above ground. In considering a limit for antenna HAAT, 
the Commission needs to balance the concerns for long range propagation 
from high points against the typical variability of ground height that 
occurs in areas where there are significant local high points--the 
Commission does not want to preclude fixed devices from a large number 
of sites in areas where there are rolling hills or a large number of 
relatively high points that do not generally provide open, line-of-
sight paths for propagation over long distances. The Commission finds 
that limiting the fixed device antenna HAAT to 106 meters (350 feet), 
as calculated by the TV bands database, provides an appropriate balance 
of these concerns. It will therefore restrict fixed TV bands devices 
from operating at locations where the HAAT of the ground is greater 
than 76 meters; this will allow use of an antenna at a height of up to 
30 meters above ground level to provide an antenna HAAT of 106 meters. 
Accordingly, the Commission specifies that a fixed TV bands device 
antenna may not be located at a site where the ground HAAT is greater 
than 75 meters (246 feet). The ground HAAT is to be calculated by the 
TV bands database using computational software employing the 
methodology in Sec.  73.684(d) of the rules to ensure that fixed 
devices comply with this requirement.
    42. In reexamining this issue, the Commission also notes that the 
rules currently do not indicate that fixed device antenna heights must 
be provided to the database for use in determining available channels. 
It was clearly the Commission's intent that fixed devices include their 
height when

[[Page 75822]]

querying the database because the available channels for fixed devices 
cannot be determined without this information. The Commission is 
therefore modifying Sec. Sec.  15.711(b)(3) and 15.713(f)(3) to 
indicate that fixed devices must submit their antenna height above 
ground to the database.
    43. The Commission continues to decline to establish height limits 
for personal/portable devices. As the Commission stated in the Second 
Report and Order, there is no practical way to enforce such limits, and 
such limits are not necessary due to the different technical and 
operational characteristics of personal/portable devices.

Power and Power Spectral Density Limits

    44. In the Second Report and Order, the Commission allowed fixed TV 
bands devices to operate with a peak transmitter output power of one 
watt with a maximum antenna gain of 6 dBi, and required that the 
transmitter power be reduced by the same amount in dB that the maximum 
antenna gain exceeds 6 dBi. This allows unlicensed TV bands fixed 
devices to operate with the equivalent of 4 watts EIRP. The Commission 
found that 4 watts EIRP is sufficient to allow fixed devices to 
communicate at ranges that will serve community and rural users while 
minimizing the potential for interference to broadcast television and 
other authorized services in the TV bands. Fixed TV bands devices were 
not permitted to operate adjacent to occupied TV channels, although the 
Commission decided to defer a final decision on this issue and to keep 
the record open pending the development of additional information 
demonstrating that a reliable method can be developed to allow adjacent 
channel operation while protecting authorized services.
    45. The Commission allowed personal/portable TV bands devices to 
operate with a peak transmitter output power of 100 mW with a maximum 
antenna gain of 0 dBi, and required that the transmitter power of such 
devices be reduced by the same amount in dB that the maximum antenna 
gain exceeds 0 dBi. This allows personal/portable TV bands devices to 
operate with an equivalent of 100 mW EIRP. In cases where a personal/
portable device is operating adjacent to an occupied TV channel, the 
maximum permitted EIRP is 40 mW. Personal/portable devices that rely on 
spectrum sensing without the use of geo-location and a TV bands device 
database may be authorized at a power level up to 50 mW EIRP. The 
Commission did not specify minimum bandwidth limits for transmissions 
by TV bands devices or power spectral density (PSD) limits in the 
Second Report and Order.
    46. Decision. The Commission is not convinced by the petitions for 
reconsideration that the power limits for unlicensed TV bands can be 
increased without also increasing the potential for interference to 
authorized services and is therefore affirming the power limits for 
fixed and personal/portable devices that it adopted in the Second 
Report and Order. In addition, the Commission does not find that the 
power level of TV bands devices should be restricted to protect against 
direct pick-up interference to cable and satellite TV services. The 
Commission does, however, recognize the need to address power 
considerations in TV bands device signals that occupy less than the 
full bandwidth of a TV channel and is therefore amending the rules to 
include power spectral density limits.
    47. The Commission declines to increase the 4 watt EIRP power limit 
for fixed devices and notes that it also considered and rejected a 
higher power limit for fixed devices in the Second Report and Order. 
While the Commission previously observed that there are advantages to 
higher power levels for fixed devices, such as reduced infrastructure 
costs and increased service range, it did not adopt a higher power 
limit due to concerns about increased risk of interference in congested 
areas and a lack of experience with unlicensed wireless broadband 
operations in the TV bands. The Commission also recognizes the 
increased range provided by operation at higher power levels would be 
particularly desirable for some applications, including rural service 
and mobile operations as suggested by Motorola. The Commission also 
understands that there may be situations where radio communications 
facilities could operate at higher power in TV white spaces without 
causing interference. However, the Commission continues to conclude 
that because the extended range of such devices would significantly 
increase the potential for interference and also make it more difficult 
to identify sources of interference, it would not be appropriate to 
allow higher power for unlicensed TV bands devices at this time. 
Indeed, such operation would be more appropriate under a licensed 
regime of regulation. The Commission therefore affirms its previous 
decision on fixed device power levels, but could re-visit the issue of 
higher power levels for TV bands devices on a licensed or unlicensed 
basis at some point in the future as may be appropriate.
    48. The Commission retained the current 100 mW maximum transmitter 
power limit for Mode I and Mode II personal/portable devices and 
decline to establish a new class of higher power vehicle mounted 
portable devices. As the Commission noted in the Second Report and 
Order, personal/portable devices generally pose a greater risk of 
harmful interference to authorized operations than fixed devices 
because these devices will change locations, making identification of 
both unused TV frequencies and the devices themselves, if interference 
occurs, more complex and difficult. The Commission also noted the 
significant distances at which interference could occur from a 
personal/portable device operating at greater than 100 mW would make it 
very difficult to identify a device that is the source of interference. 
The Commission therefore declines to increase the power limit for 
personal/portable devices at this time.
    49. Additionally, the Commission is retaining the 50 mW power limit 
for sensing-only devices. The Commission stated in the Second Report 
and Order that the prototype TV bands devices it tested were able to 
sense the presence of signals from incumbent services under some 
conditions, but were unable to do so in others, such as in noisy 
environments or in the presence of strong adjacent channel signals. It 
further stated that these factors made it difficult to fully validate 
the performance of sensing technology and develop standards to ensure 
that devices relying on sensing alone would not cause interference. 
While the Commission believed that these problems could be solved and 
decided to permit sensing-only devices, it decided to limit these 
devices to 50 mW rather than 100 mW as permitted for other personal/
portable devices out of an abundance of caution with regard to their 
interference potential. The Commission finds that it provided an 
adequate rationale for the 50 mW power limit for sensing-only devices 
and declines to change the power limit for these devices at this time.
    50. The Commission also declines to reduce the maximum permitted 
power for personal/portable devices that operate adjacent to occupied 
TV channels. In the Second Report and Order, the Commission recognized 
that there is a potential for TV bands devices to interfere with TV 
reception on adjacent channels, but found that such interference is 
unlikely to occur in the majority of situations if the power level is 
kept low. As with any interference analysis, certain assumptions were 
made concerning factors such as the

[[Page 75823]]

separation distance from the potential source of interference to the 
receive antenna, the characteristics of the receiver, the type of 
transmit and receive antennas and any intervening terrain or obstacles. 
The petitioners are essentially challenging the assumptions the 
Commission used in its analysis in the Second Report and Order. We find 
that the Commission made reasonable assumptions and are upholding the 
40 mW adjacent channel power limit. Specifically, the Commission 
observes that interference to TV reception from a transmitter on 
adjacent channel would occur only when an adjacent channel signal level 
is substantially greater than the received TV signal level. Thus, 
adjacent channel interference would be most likely to occur in weak 
signal areas where an outdoor rooftop antenna is needed. In such 
situations, we find the Commission's assumed separation distance of 16 
meters from a TV bands device to a rooftop TV antenna to be reasonable, 
as well as its assumption that the receive antenna will have horizontal 
polarization while the TV bands device has vertical polarization and 
that such a configuration will have a 3 dB polarization mismatch.
    51. The Commission agrees that a PSD limit would help protect 
authorized services in the TV bands and is therefore requiring that the 
conducted output power of fixed and personal/portable TV bands devices 
comply with PSD limits. In the absence of a PSD limit, multiple devices 
with transmit bandwidths of significantly less than 6 megahertz could 
share a single channel, resulting in a total transmitted power within a 
channel significantly greater than the power limits for fixed or 
personal/portable devices. A PSD limit will prohibit high power 
concentrations in a single channel, which will reduce the interference 
potential to TV stations and other services in the TV bands. The 
Commission bases the PSD limit on the maximum permissible conducted 
output power spread across a transmit bandwidth of 6.0 megahertz, the 
full bandwidth of a TV channel. The resulting conducted PSD limits in a 
100 kilohertz bandwidth are 16.7 mW (12.2 dBm) for fixed devices, 1.67 
mW (2.2 dBm) for personal/portable devices, 0.83 mW (-0.8 dBm) for 
sensing-only personal/portable devices and 0.7 mW (-1.8 dBm) for 
personal/portable devices operating adjacent to occupied channels. The 
Commission adopted these PSD limits. The Commission declines, however, 
to adopt minimum bandwidth requirements as requested by IEEE 802 and 
SBE. It finds that a minimum bandwidth requirement could unnecessarily 
constrain the types of modulation that could be used with TV bands 
devices and is not necessary because the PSD limit has the same effect 
of preventing high power levels in a TV channel. The Commission also 
clarified that a device that operates across more than one 6 MHz TV 
channel is still subject to the maximum power limits in Sec.  
15.709(a)(1) and (a)(2) of the rules per channel--the allowable power 
per channel does not increase with use of additional bandwidth beyond 6 
megahertz.

Out of Band Emission (OOBE) Limits

    52. In the Second Report and Order, the Commission required that TV 
bands device emissions in channels adjacent to the occupied channel be 
attenuated at least 55 dB below the highest average power in the 
occupied channel. Emission measurements in both the occupied channel 
and the adjacent channels are to be made with a minimum resolution 
bandwidth of 100 kHz and an average detector.
    53. Decision. The Commission modified the rule for adjacent channel 
emissions to require that emissions be measured relative to the total 
in-band power in a 6 megahertz bandwidth, rather than in a 100 kHz 
bandwidth. This change will address the concerns raised by petitioners 
that the measured in-band power in a narrow bandwidth will vary 
depending upon the bandwidth of the transmitted signal. The Commission 
will continue to require that the adjacent channel emissions be 
measured with a 100 kHz bandwidth, because a wider bandwidth would not 
be able to resolve emissions located just outside the channel of 
operation without being affected by the in-band power. The use of a 6 
megahertz bandwidth for measuring the in-band power means that a higher 
reading will be obtained as compared to using a 100 kHz bandwidth, 
because the wider bandwidth will capture all the energy in a channel 
rather than only a portion of that energy. The 55 dB attenuation that 
the Commission adopted for adjacent channel emissions was based on the 
assumption that identical bandwidths would be used to measure both in-
band and adjacent channel power, so we agree with IEEE that the 
currently required 55 dB attenuation should be increased to reflect the 
increased in-band measuring bandwidth while providing the same level of 
adjacent channel protection. As noted, the Commission will assume the 
maximum transmit bandwidth used to be the full 6 MHz channel. We will 
therefore base the increase in adjacent channel attenuation on a 
bandwidth ratio of 6.0 megahertz/100 kHz or 17.8 dB. Thus, the 
Commission revised the required adjacent channel attenuation to be 72.8 
dB.
    54. The Commission declines to reduce the required adjacent channel 
attenuation as requested by Motorola and the Wi-Fi Alliance. Adjacent 
channel emissions from a TV bands device appear as co-channel emissions 
in an adjacent channel used by a TV station or other authorized 
service. Personal/portable TV bands devices are permitted to operate 
within the protected contours of adjacent channel TV stations, and 
fixed TV bands devices can operate as close as 0.1 kilometers outside 
the contours of adjacent channel stations and at significantly higher 
power than personal/portable TV bands devices. For these reasons, the 
Commission finds it necessary to limit adjacent channel emissions to 
the extent practicable to prevent interference to adjacent channel TV 
stations and other authorized services. The Commission declines to 
modify the adjacent channel emissions limits for the VHF band as 
requested by Rudman/Erickson because they failed to describe or provide 
a justification for any specific changes to the rules.

Direct Pickup Interference

    55. In the Second Report and Order, the Commission recognized the 
concerns of cable interests regarding the potential for direct pickup 
interference and their position that power levels should be limited to 
a lesser value. It noted that FCC staff tests of three digital cable 
ready receivers, and anecdotal tests performed by the FCC staff in the 
laboratory and field, indicated that there is some potential for direct 
pickup interference to cable service from TV bands devices. The 
Commission observed that this direct pickup interference occurred at 
relatively close distances within the user's premises and could be 
corrected by removing consumer-installed splitters and wiring that 
effectively reduce the shielding of interfering signals as well as 
reduce the desired signal levels available at the user's TV receiver. 
It also observed that in the FCC staff tests when just a cable 
converter box was used to connect directly to the TV receiver, 
interference declined dramatically and was virtually non-existent on 
the digital tier of channels. The Commission further observed in tests 
by the staff with a 10 meter separation between devices on separate 
sides of a wall, such as in a townhouse, interference did not occur at 
undesired signal levels below 100 mW for two receivers and slightly 
under 50

[[Page 75824]]

mW for a third. Based upon these observations and the fact the TV bands 
devices must incorporate transmit power control to limit their 
operating power to the minimum necessary for successful communications, 
the Commission decided that the risk of direct pickup interference is 
not sufficiently great to warrant a reduction in power that could 
impede the viability of certain TV bands device applications.
    56. Decision. The Commission declines to reduce the maximum 
permissible power for personal/portable devices or to impose power and 
separation limits for fixed devices as requested by NCTA and DIRECTV. 
It notes that direct pickup interference is different from interference 
that can be received at the antenna of licensed over-the-air radio 
services such as broadcast television, low power auxiliary services or 
the PLRMS/CMRS. Interference can be caused to off-air reception of 
these services when an undesired signal on the same frequency as the 
transmitted signal exceeds some threshold at a receiver. By contrast, a 
cable system or satellite in-home wiring is a closed system in which 
the operator is not licensed to transmit on the frequencies used. No 
signal is transmitted over-the-air in those applications; rather direct 
pickup interference occurs when an undesired signal leaks into some 
part of the otherwise closed system, such as the cable, connectors, set 
top box or TV set. Thus, direct pickup interference results from a lack 
of immunity to undesired signals at some point(s) in the closed system 
of wiring and equipment. As noted, the Commission has standards for 
regarding the ability of analog cable ready TV receivers to reject 
direct pickup interference. However, there are no rules regarding the 
ability of other components in a system to reject direct pickup 
interference, and selection of appropriate system components is the 
owner or cable/satellite TV operator's responsibility. In this regard, 
the Commission generally does not believe it is appropriate to protect 
the operations of closed systems that use radiofrequency (RF) signaling 
from interference from radio services and operations that use the 
airways. In this regard, the Commission observes that the operators/
users of such systems have full discretion to design their equipment to 
be immune to ambient RF energy transmitted by radio systems that use 
the airways.
    57. The Commission is not persuaded that direct pickup interference 
is a significant problem as NCTA states. Its testing revealed many of 
the same characteristics of direct pickup interference that the 
Commission's staff discovered during its testing. Specifically, NCTA 
determined that the cables in a system are a significant source of 
direct pickup and that low quality (inadequately shielded) cables and 
connectors can result in substantially increased signal ingress. It 
also determined that analog systems are significantly more sensitive to 
direct pickup interference than digital systems. The Commission 
previously considered these factors when it established the power 
limits for TV bands devices in the Second Report and Order. It notes 
that the NCTA tests assumed a worst case scenario in which the cable 
signal level to a home is at the minimum level required by the rules, 
the TV bands device operates at the maximum power permitted by the 
rules and the maximum signal level is directed towards a TV receiver. 
In real world situations, the cable signal level may be greater than 
the minimum required, the TV bands device may operate at less than the 
maximum power due to the requirement to incorporate transmit power 
control, and the maximum TV bands device signal may not be directed 
toward a TV receiver, depending on the antenna directivity and 
orientation. These factors can have a greater impact on the potential 
for direct pickup interference than the power reductions requested by 
NCTA. The Commission also notes that NCTA's testing showed that some TV 
receivers can withstand signals levels greater than 100 mW without 
interference on digital channels, even assuming minimum cable signal 
input levels. The Commission further notes that NCTA did not perform 
any tests using a cable converter box, which the Commission's testing 
showed, and which NCTA agrees, could further reduce the potential for 
direct pickup interference. In any event, notwithstanding NCTA's 
concerns for direct pickup interference and the possible mitigation of 
those concerns by elements in rules for TV bands devices, the 
Commission finds it inappropriate to limit the utility of TV bands 
devices by limiting their power to protect cable installations with 
inadequately shielded wiring or TV receivers that do not comply with 
the Part 15 shielding requirements.

TV Bands Database

    58. In the Second Report and Order, the Commission required all 
fixed and Mode II TV bands devices to access a database to obtain 
information on the available channels at their location and required 
all unlicensed fixed TV bands devices to register their operations in 
this database. The Commission stated that it will designate one or more 
entities to create and operate the TV bands database(s) and, has 
invited interested parties to apply for selection as database 
administrators. The database(s) will be a privately owned and operated 
service that unlicensed TV bands devices must contact to obtain 
information on channel availability at the locations where they are 
operated and, in the case of fixed devices, to register their operation 
at those locations. In the case that multiple database administrators 
are selected, each device must contact a database service that the user 
or the manufacturer of the device selects. Database administrators are 
permitted to charge fees for registering fixed devices and providing 
lists of available channels to fixed devices and personal/portable 
devices. A TV bands database will be required to contain information 
on: (1) All of the authorized services that operate in the TV bands 
using fixed transmitters with designated service areas, including full 
service and low power TV stations, (2) the service paths of broadcast 
auxiliary point-to-point facilities, (3) the geographic regions served 
by PLMRS/CMRS operations on channels 14-20, (4) regions served by the 
Offshore Radiotelephone Service, and (5) the locations of cable 
headends and low power TV receive sites that are outside the protected 
contours of the TV stations whose signals they receive. In addition, a 
TV bands database will be required to contain the locations of 
registered sites where wireless microphones and other low power 
auxiliary devices are used on a regular or scheduled basis. The 
Commission did not establish any specific security requirements or 
protocols for communications between TV bands devices and the TV bands 
database.
    59. The Commission required fixed and Mode II TV bands devices to 
re-check the database, at a minimum, on a daily basis to provide for 
timely protection of wireless microphones and other new or modified 
licensed facilities. If a device fails to make contact with its 
database on any given day, it will be required to cease operating at 
11:59 p.m. on the following day. Mode II devices are also required to 
re-establish their location coordinates and to access a TV bands 
database for a list of available channels each time they are activated 
or moved. The Commission further required that, if multiple database 
administrators are authorized, the database administrators are to 
cooperate to develop a standardized process for sharing data on a daily 
basis or more often, as appropriate, to ensure consistency in

[[Page 75825]]

the records of protected facilities. Finally, the Commission required 
that a database administrator make its services available to all 
unlicensed TV bands device users on a non-discriminatory basis.

Security

    60. Decision. On reconsideration, the Commission found that it is 
important and necessary for TV bands devices and TV bands databases to 
incorporate reasonable and reliable security measures to minimize the 
possibility that TV bands devices will operate on occupied channels and 
cause interference to licensed services, and to protect the operation 
of the databases and the devices they serve from outside manipulation. 
While the Commission did not explicitly require the incorporation of 
security measures in the Second Report and Order, it noted that 
virtually all online transactions involving financial or other 
confidential information currently use security measures to protect 
against unauthorized viewing and/or alteration of information being 
sent and to ensure that only authorized users have access to 
information. The Commission therefore expects that device manufacturers 
and database administrators will have access to and be able to 
incorporate the reliability and security measures needed to protect the 
contents of databases and communications between databases and TV bands 
devices or other databases. The Commission is concerned that if a 
device uses channels provided through other than legitimate contact 
with a TV bands database or if a database administrator does not 
include appropriate security to avoid serving unauthorized devices or 
to prevent outside parties from altering its processing system and data 
records, there could be interference consequences ranging from mild to 
severe.
    61. To achieve the necessary protection of databases and 
connections between devices and databases regarding channel 
availability, the Commission will require that TV bands devices and 
database systems employ security measures follows. First, it will 
require that, for purposes of obtaining a list of available channels 
and related matters, fixed and Mode II TVBDs only be capable of 
contacting databases operated by administrators designated by the 
Commission. This will prevent TV bands devices from obtaining channel 
lists from unauthorized databases which may be invalid or inaccurate--
the Commission is particularly concerned about potential cases where a 
database would indicate as available channels that are used by 
authorized services. The Commission will also specify that TV bands 
databases must not provide lists of available channels to uncertified 
TV bands devices for purposes of operation (is acceptable for a TV 
bands database to distribute lists of available channels by means other 
than contact with TVBDs) in order to avoid facilitating the operation 
of unapproved and non-compliant devices. To facilitate these 
restrictions, the Commission will require that database(s) verify that 
the FCC identification number (FCC ID) supplied by a fixed or personal/
portable TV bands device is for a certified device. To implement this 
provision, the Commission will also require that database 
administrators obtain a list of certified TVBDs from its Equipment 
Authorization System.
    62. The Commission will further require that communications between 
TV bands devices and databases be transmitted using secure methods to 
prevent corruption or unauthorized modification of data. This 
requirement includes communications of channel availability and other 
spectrum access information between fixed and Mode II devices (it is 
not necessary for TVBDs to apply security coding to channel 
availability and channel access information that they simply pass 
through as such information will already be protected by the sending 
device). The Commission will require that when Mode I devices 
communicate with fixed or Mode II devices for purposes of obtaining a 
list of available channels, they are to use a secure method that 
ensures against corruption or unauthorized modification of the data. In 
addition, a fixed or Mode II device must check with its database that 
the Mode I device has a valid FCC Identifier before providing a list of 
available channels. The Commission will also require that contact 
verification signals transmitted for Mode I devices be encoded with 
encryption to secure the identity of the transmitting device and that 
Mode I devices using such signals accept as valid for authorization 
only the signals of the device from which they obtained their list of 
available channels. Finally, the Commission will require that databases 
be protected from unauthorized data input or alteration of stored data. 
In order to accomplish this goal, the database administrator is to 
establish communications authentication procedures that allow the fixed 
or Mode II devices to be assured that the data they receive is from an 
authorized source.
    63. The Commission will not require the use of specific 
technologies to meet these requirements, as it believes that database 
administrators and device manufacturers are in the best position to 
determine the appropriate methods to ensure compliance. Rather, the 
Commission will require that applications for certification of TV bands 
device include a high level operational description of the technologies 
and measures that are incorporated in the device to comply with the 
security requirements. In addition, the Commission will require that 
applications for certification of fixed and Mode II devices identify at 
least one of the designated TV bands databases that the device will 
have the ability to access for channel availability information and 
affirm that the device will conform to the communications security 
methods used by that database. With regard to MSTV/NAB's concerns about 
the possible problems with protocols developed after a database 
administrator is selected, there is no practical way the Commission 
could review a communication protocol in advance to provide absolute 
assurance that there are no security flaws with it. The Commission 
will, however, take all reasonable steps in its examination of 
applications for certification to ensure that communications protocols 
are secure. In the event that flaws are discovered in a TVBD's security 
measures, the Commission will take steps to ensure that those measures 
are quickly corrected by device manufacturers and database 
administrators or to withhold or withdraw the authorization for 
operation of any affected devices.

Database Administrators

    64. Decision. The Commission will uphold its decision to allow the 
designation of multiple database administrators and will rely on market 
forces to shape the structure of the database administration functions 
and service offerings, subject to the various requirements set forth in 
the rules. Under this approach, some providers may choose to provide a 
full panoply of services and others may choose to provide only a 
repository function or ``look-up'' service. As the Commission stated in 
the Second Report and Order, multiple database administrators could 
offer services on a competitive basis. This would prevent a single 
party from obtaining monopoly control over the database, could provide 
an incentive for database operators to provide additional services 
beyond those required by the

[[Page 75826]]

rules and could result in lower costs to consumers. The Commission will 
permit the database functions, such as a data repository, registration 
and query services, to be split among multiple entities. This approach 
will allow for competition between providers of specific elements of 
the database function and encourage the provision of enhanced services 
not specifically required by the rules. The Commission recognizes Key 
Bridge's concerns about creating a situation in which some parties 
engaged in the process do not have full competency in all aspects of 
database administration, but no parties would be provide all the 
necessary database functions. Therefore, the Commission will require 
that entities selected as database administrators will be held 
accountable for all aspects of database administration, including any 
functions performed by third parties. The nine proposals received in 
response to the Commission's November 25, 2009 public notice indicate 
that there are multiple parties seeking to be designated as TV bands 
device database managers, some as full-service operations and others as 
partial service providers. The Commission is confident that market 
forces will result in the necessary and appropriate mix of database 
providers and third party entities that perform some aspect of the 
database function.
    65. The Commission disagrees with SBE that designating multiple 
database administrators would complicate equipment design or limit the 
Commission's ability to control unauthorized database operators. 
Manufacturers would only have to design equipment to communicate with a 
single database, although they could design equipment to communicate 
with multiple databases if they choose. Further, designating only a 
single database administrator would not prevent unscrupulous parties 
from attempting to establish an unauthorized and inaccurate database, 
as parties could attempt this whether the Commission designates a 
single or multiple database administrators. Rather, the requirement to 
incorporate security in communications between TV bands devices and the 
databases will thwart unauthorized database operators.
    66. The Commission recognizes that a complication of designating 
multiple database administrators is the need to synchronize licensing 
and registration information between databases. However, the rules 
already require this, and no party has shown that it is impractical to 
share information between TV bands device databases. The Commission 
declines to establish an advisory panel to oversee the database as 
requested by CWMU. It finds that this approach is unnecessary given 
that the Commission has already started the process for selecting the 
database administrators, and it is concerned that disagreements between 
panel members could potentially slow the development of the database. 
Rather, the Commission will expect entities selected as a database 
administrator to cooperate in complying with the requirements for 
database coordination. The Commission also declines to state a 
preference for a non-profit organization to run the database, as there 
is no evidence that a non-profit organization would administer a 
database better than a for-profit company.
    67. In the Second Report and Order, the Commission stated that the 
database manager or managers would be selected by its Office of 
Engineering and Technology. Once the selection of a database manager or 
managers is completed there will need to be Commission oversight and 
management of the database administrator(s) and their functions. The 
Commission is delegating authority for this oversight to the Chief, 
Office of Engineering and Technology under part 0 of the rules.

Re-Check Procedures

    68. Decision. The Commission affirms the current requirement that 
fixed and Mode II personal/portable TV bands device check the database 
at least once per day. The majority of entries in the database will be 
fixed services, such as TV stations, TV translator receive sites, cable 
and satellite headends, fixed BAS links, and the PLMRS/CMRS facilities. 
These fixed services change channels or service areas infrequently, so 
we find that requiring a daily database check by TV bands devices is 
quite adequate to protect these services. The concerns expressed in the 
record about the need to increase the frequency of database contact 
relate primarily to protecting LPAS stations and wireless microphones 
in particular. Even in the case of wireless microphones, most events 
for which users can register wireless microphones in the database occur 
at fixed locations where the required registration information will be 
known more than a day in advance. Thus, the main concern appears to be 
how to protect licensed wireless microphones that are used in 
applications where the location and/or channel are not known at least a 
day in advance, such as electronic news gathering. As discussed, the 
Commission is taking steps to ensure that some channels remain 
available for wireless microphones by prohibiting personal/portable 
devices from operating below channel 21, designating two channels in 
each market from among channels 14-51 where TV bands devices cannot 
operate, and prohibiting fixed devices from operating adjacent to 
occupied TV bands channels. The Commission finds that these measures 
will ensure that adequate spectrum is available for licensed itinerant 
wireless microphone users in the vast majority of situations. In this 
context, the Commission also must consider that in most locations many 
channels will be available for wireless microphone use that are not 
available for TVBD use. Those channels can be used by wireless 
microphones for unscheduled events. The Commission also observes that 
in the case of a major unplanned news event, broadcasters already 
coordinate their use of frequencies for wireless microphones and that 
at a site can share frequencies by avoiding operation of wireless 
microphones at the same time. The Commission therefore declines to 
require more frequent database checks by TV bands devices which would 
substantially increase the amount of database traffic without 
significant benefit.
    69. In re-affirming the daily re-check requirement, the Commission 
also observes that the rules currently do not specify that a database 
provide the TVBD with information on changes in channel availability 
that occur over the course of the 24 hours before the next re-check. 
For example, if a database were to provide a TVBD with only a list of 
the channels that are available at 9 a.m. and there is a scheduled use 
of wireless microphones on one or more of those channels during the 
period 3 p.m. to midnight, the TVBD would not cease operating on the 
channels that became unavailable later in the day. It is the 
Commission's intention that a database provide TVBDs with information 
on the full schedule of channel availability over the course of the 24 
hour re-check period plus the additional period of up to 24 hours that 
a device may continue to operate if it is not able to contact its 
database at the end of the re-check period. This is necessary to ensure 
that TVBDs to not cause interference to protected operations that use 
channels during part of a 24 hour period. Accordingly, the Commission 
is amending its rules to provide that (1) a database must provide fixed 
and Mode II TVBDs with channel availability information that includes 
scheduled changes in channel availability over the course of the 48 
hour period beginning at the time the TVBDs make a re-check contact and 
(2) fixed and Mode II

[[Page 75827]]

TVBDs must adjust their use of channels in accordance with channel 
availability schedule information provided by their database.
    70. As indicated, because they have no geo-location capability to 
identify their location, the Commission is requiring Mode I personal/
portable devices to either receive a signal to verify contact from the 
Mode II or fixed device that provided its current list of available 
channels or contact a Mode II or fixed device at least once per minute 
to re-verify/re-establish channel availability. Under the new contact 
verification option, a ``contact verification signal'' will be an 
encoded identification signal that may be broadcast by a fixed or Mode 
II device for reception by Mode I devices to which the fixed or Mode II 
device has provided a list of available channels for operation. Such 
signal will be for the purpose of establishing that a Mode I device is 
still within the reception range of the fixed or Mode II device from 
which it received a list of available channels; reception of a contact 
verification signal will be presumed to verify that the list of 
available channels used by the Mode I device remains valid for purposes 
of the once per minute re-check requirement. The Commission expects 
that this feature will be especially useful for improving efficiency in 
cases where several Mode I devices receive lists of available channels 
from the same fixed or Mode II device. The Commission is not requiring 
that Mode II and fixed devices transmit contact verification signals in 
support of Mode I devices they serve; however, use of this option is 
strongly suggested. The Commission requires that contact verification 
signals be encoded to ensure that they originate from the TV bands 
device that provided the list of available channels; the fixed or Mode 
II device transmitting a contact verification signal would need to 
provide a Mode I device it serves with decoding information at the time 
it makes an exchange contact with the Mode I device to provide a list 
of available channels. Mode I devices that receive contact verification 
signals will still be required to re-check with a fixed of Mode II 
device at least once a day. In addition, Mode II devices will be 
required to re-check/reestablish contact to obtain a list of available 
channels if they lose power. Collaterally, if a Mode II device loses 
power and obtains a new channel list, it must signal all Mode I devices 
it is serving to acquire new channel list. The Commission also 
clarifies the requirement that Mode II devices re-check with their 
database when they move to specify that such devices must re-check only 
when they are moved more than 100 meters from the location at which 
they performed their last re-check. This will avoid the need for re-
checking when a device is moved very short distances that would have a 
de minimis impact on potential interference and reduce the burden of 
the re-check function on the database and the Mode II TVBD.
    71. The Commission will permit database administrators and device 
manufacturers to develop a system to ``push'' channel availability 
changes and other information to TV bands devices if they choose. This 
capability could, for example, be used in the development of standards 
that allow more efficient sharing of TV spectrum by networks of TV 
bands devices. The Commission will not require that databases or 
devices incorporate this capability. To guard against the possibility 
that a device may miss updates pushed by the database and continue 
transmitting on a channel that becomes unavailable, devices that 
incorporate this capability must still function in the same manner as 
other TV bands devices and validate their channel at least once per day 
and cease operation no later than 11:59 p.m. the following day if they 
cannot validate the operating channel. The operation of such an 
information ``push'' system must be described in the application for 
certification. Any other clearing of channels, such as marking 
particular channels as unavailable in the database, may only be done 
under authorization by the Commission.
    72. The Commission also will permit Mode II personal/portable 
devices to load available channel information for locations beyond 
their current position and use that information in their operation. 
Mode II devices will be allowed to use such additional available 
channel information to define a geographic area within which they could 
operate on the same available channels at all locations. Allowing 
channel lists to be stored for more than a single location will allow 
for more efficient operation of portable devices by reducing the number 
of queries to the database and to support mobile operation. For example 
a Mode II TVBD could calculate a bounded area in which a channel or 
channels are available at all locations within the area and operate on 
a mobile basis within that area. Mode II TVBDs that use such an 
approach must contact the database when they have moved beyond the 
boundary of the area where their channel availability data is valid, 
and must re-check the database at least once each day like other Mode 
II devices even if they have not moved beyond the range where the data 
is valid. Parties that incorporate the ability to load channel lists 
for multiple locations and operate within an area bounded into a device 
must describe in the application for certification how they will ensure 
the device operates only on available channels within the bounded area.

Additional Service Features

    73. Decision. Database administrators may perform additional 
functions besides those required by the rules, such as tracking active 
channel use if reported by the TV bands device, or sending additional 
information to a TV bands device to enable it to determine the ``best'' 
available channel to use. Such functions are not prohibited by the 
rules, and the ability to add additional functionality could allow 
multiple database operators to distinguish their services and could be 
useful in the development of industry standards to enable more 
efficient spectrum sharing. However, in the interest of keeping the 
rules simple and avoiding the imposition of unnecessary requirements 
that could hamper innovation, the Commission declines to require TV 
bands devices to report additional information to the database beyond 
what the rules currently require. It also declined to require the 
incorporation of different (and currently unspecified) TV service area 
prediction models into the database as requested by Motorola. The rules 
currently prohibit adjacent channel operations by fixed devices, and 
there is insufficient record to change that requirement at this time.

Database Information

    74. Decision. The Commission will require that all information that 
is required by the Commission's rules to be in a TV bands device 
database be publicly available, including fixed TV bands device 
registration and voluntarily submitted protected entity (e.g., cable 
head ends) information. The Commission will not require the public 
disclosure of information that a database manager may collect to 
support additional services, provided that this information also is not 
required to be provided by our rules. The Commission notes that the 
registration of a protected entity in the database will preclude 
operation of TV bands devices on one or more channels over specific 
areas, and that there is the possibility of errors in the registration 
information. Although much of the data will come from Commission 
databases that already are public sources, errors could result from the 
inadvertent entry of incorrect data, or as a result of a party 
deliberately

[[Page 75828]]

entering false data. The Commission finds that it is appropriate to 
permit public examination of protected entity registration information 
to allow the detection and correction of errors. It also finds that 
making fixed TV bands device registration information publicly 
available could assist parties in locating the source of any 
interference that occurs and contacting the device operator to correct 
it. With regard to Key Bridge's request concerning the Commission's 
requirement to provide or delete information from the database, the 
Commission clarifies that this requirement applies only to the 
information that the Commission requires to be placed in the database 
and not any other information that a database administrator collects 
beyond what the rules require.
    75. The Commission declined to require fixed TV bands device 
operators to access and review the database prior to network deployment 
and to select a channel that is not in use, because one of the general 
conditions of operation for part 15 is that a party's use of a 
particular frequency does not give it rights over other parties to 
continued use of that frequency. In addition, a TV bands device may 
need to operate on more than one available channel and may do so. 
However, the Commission will permit database administrators to allow 
prospective operators of TV bands devices to query the database to 
verify whether there are vacant channels at a site where they wish to 
operate, and operators of TV bands devices may use information from the 
database to voluntarily coordinate their channel usage to avoid 
conflicts.
    76. In reviewing the rules for the information to be included in a 
TV bands database, the Commission observes that in the case of full 
power TV, Class A TV, low power TV and TV translator stations the 
Commission's Consolidated Broadcast Data Base System (CDBS) from which 
the TV station database records will be extracted in many cases 
includes multiple types of records for each station. For example, the 
database may include license, license application, special temporary 
authorization and construction permit applications for the same station 
and may also include more than one of each of these types of records 
for the same station. These multiple records can pose confusion in 
administering a TV bands database with respect to which records to 
extract for the database. It is our intention that the records in a TV 
bands database only reflect stations that are serving viewers. In the 
CDBS, only records for licenses and license applications imply that a 
station is providing service to viewers. The Commission therefore 
clarifies that a TV bands database is to include only TV station 
information from license or license application records. Given that a 
license application implies a change that is to the station's ongoing 
operations, the Commission finds that in cases where a station has 
records for both a license application and a license, a TV bands 
database should include the information from the license application 
rather than the license. The Commission amended its rules to add these 
clarifications.

Database Fees

    77. Decision. The Commission declines to establish a particular fee 
structure for database administrators. It finds that database 
administrators are in the best position to manage their costs and fees. 
The Commission disagrees with SBE that registering protected entities 
with the database will have a significant impact on licensees or 
others. Many of the registrations will be for services at fixed 
locations such as fixed BAS links or satellite, MVPD or TV translator 
receive sites, and these only need to be registered once, and in the 
case of receive sites, only if they are located outside the protected 
contour of the TV station being received. Information for licensed 
services will come from Commission databases. Further, all such 
registrations are voluntary, so a party may choose not to register 
sites where it believes that interference from TV bands devices is 
unlikely to occur. The Commission modified Sec.  15.714(a) to remove 
the provision that database administrators may charge to register 
temporary BAS links. The Commission did not state in the Second Report 
and Order that database administrators could charge for registering 
temporary BAS links, and a provision stating that they could was 
inadvertently added to the rules.

Other Database Issues

    78. Decision. Fixed and Mode II TV bands devices are allowed to 
contact a database for a list of available channels through other TV 
bands devices, provided they follow the rules and connect to an 
authorized database using the appropriate protocol, send their 
geographic coordinates and other required information and operate only 
on channels that the database indicates are available. The rules 
already permit this practice but do not allow the formation of 
``chains'' of devices that did not access the database but merely pass-
on a list of available channels. Therefore, no rule changes are 
necessary in this regard. The Commission will not require Mode II 
personal/portable devices to register in the database, because this 
would substantially increase the number of registrations in the 
database, and each of these registrations would have to be updated as 
device changes locations, thus substantially increasing the database 
traffic. The Commission also sees no need for registration of these 
devices as a means to help identify a source of interference, as the 
interference range of personal/portable devices is in general 
relatively short. In this regard, the Commission is correcting an error 
in Sec.  15.713(e)(4) of the rules which incorrectly states that Mode 
II devices must register on initialization. The Commission will not 
require devices to provide coordinates accurate to <plus-minus>/-5 
meters because that is a higher degree of precision than necessary, and 
such accuracy may not be readily achievable by most devices.

Use of TV Channels

TV Bands Devices, Wireless Microphones and Low Power Auxiliary Stations

    79. In the Second Report and Order, the Commission prohibited fixed 
TV bands devices from operating adjacent to occupied TV channels at 
this time, although it deferred a final decision on this issue and kept 
the record open pending the development of additional information 
demonstrating that a reliable method can be developed to allow adjacent 
channel operation. The Commission decided to allow both fixed and 
personal/portable unlicensed TV bands devices to operate on channels 
21-36 and 38-51. In addition, the Commission allowed only fixed TV 
bands devices to operate on channels 2 and 5-13 and on channels 14-20 
outside of areas where PLMRS/CMRS services operate. The Commission 
stated that allowing only fixed TV bands devices to operate below 
channel 20 would ensure that some channels remain available for use by 
wireless microphones and eliminate the possibility of interference from 
TV bands devices to public safety and other important communications 
operations in the PLMRS. While it believed that the geo-location/
database and Mode I operation provisions of the rules would provide a 
high degree of assurance that PLMRS/CMRS, Offshore Radiotelephone 
Service and other authorized services on channels 14-20 are protected, 
the Commission chose a more conservative approach to protect the PLMRS/
CMRS services from expected high numbers of nomadic personal/portable 
devices and affirmed

[[Page 75829]]

its decision from the First Report and Order and Further Notice of 
Proposed Rule Making, 71 FR 66897, November 17, 2006, in this 
proceeding to prohibit personal/portable devices from operating on 
channels 14-20. In addition, in 13 major markets where certain channels 
between 14 and 20 are allocated for land mobile operations, the 
Commission designated two channels between 21 and 51--i.e., the first 
vacant channels above and below channel 37--where personal/portable TV 
bands devices could not operate, leaving those two channels available 
for low power auxiliary stations.
    80. Decision. The Commission affirms its initial decision to 
prohibit fixed devices from operating on channels adjacent to occupied 
TV channels. While Adaptrum and Motorola provided general information 
on possible ways that fixed devices could operate adjacent to occupied 
TV channels, neither party provided sufficiently detailed information 
on the technical requirements that would be necessary to allow adjacent 
channel operation without interference and still permit operation of 
TVBDs. The Commission also declines to change the designated channels 
where TV bands devices are prohibited from operating and, in this 
regard, it also affirms its decision to prohibit personal/portable 
devices from operating below channel 21. As the Commission noted in 
both the First Report and Order, 71 FR 66897, November 17, 2006, and 
Second Report and Order, 74 FR 7314, February 17, 2009, there is some 
potential for interference to PLMRS/CMRS services on channels 14-20 due 
to the nomadic nature of personal/portable devices, and it took a 
conservative approach to protect these services from interference and 
prohibit operation of personal/portable devices on these channels. In 
addition, the Commission affirms the prohibition on personal/portable 
devices on channels below 14 as well to help ensure that unused 
channels remain available for wireless microphones and other LPAS 
devices.
    81. The Commission is revising its rules to reserve two channels 
nationwide where TV devices are not permitted to operate to ensure that 
some spectrum remains available for wireless microphones and other LPAS 
stations. Reserving two channels nationwide will ensure that at least 
two channels remain available for wireless microphones in all markets. 
These channels will be the first channels on either side of channel 37 
that are unoccupied by broadcast television stations or, if no channels 
are available on one side of channel 37, the first two channels nearest 
to channel 37. These reservations will provide channels to accommodate 
LPAS operations that are not at fixed locations that would have been 
protected under the spectrum sensing provisions we are eliminating. 
Such LPAS operations include electronic news gathering and other 
temporary on-site applications, where the operating channels and 
locations are not known sufficiently far in advance to register them in 
the database. The Commission believes that the reservation of two 
channels nationwide, along with the additional channels that will be 
available at the vast majority of locations that cannot be used by 
TVBDs, will provide more than sufficient spectrum to accommodate the 
vast majority of wireless microphone usage. This will allow protected 
operation of a minimum of 12-16 wireless microphones and other LPAS 
stations in a small geographic area. Further, the relatively low power 
of these stations limits their operating range to about 100 meters, 
allowing each vacant TV channel to be used at many locations in a TV 
market. The Commission notes that in many areas more than two channels 
will likely remain available for LPAS stations because fixed TV bands 
devices are not permitted to operate adjacent to occupied TV channels 
and personal/portable devices are not permitted to operate below 
channel 21.
    82. Recently the Broadband Action Agenda announced an intention for 
the Commission to initiate rule making proceedings to increase spectrum 
efficiency and innovation in various frequency bands, including 
broadcast TV spectrum. In addition, the Commission has initiated a 
proceeding to consider changes to the rules for wireless microphones 
that operate in the TV bands. If the Commission makes changes to the 
rules concerning the channels available for operation for TV and other 
authorized services, the channels available for use by unlicensed TV 
bands devices and wireless microphones could change, and any TV bands 
device or wireless microphone that operates on a channel that is later 
designated for another use would have to cease operation on that 
channel. Depending on the tuning range of the TV bands device, 
particularly personal/portable devices, or wireless microphone, these 
radios could have a reduced operating range. The Commission recognizes 
that the anticipated proceedings introduce some uncertainty for 
manufacturers of TV bands devices and could delay their deployment. To 
avoid this problem, manufacturers can design devices that have the 
capability to tune over a wider range of frequencies than the rules 
currently permit, but that incorporate measures to limit operation to 
the frequency range over which the device is certified. Manufacturers 
would therefore not have to redesign their equipment if the Commission 
modifies the permitted operating frequency range and could modify their 
equipment certification through a streamlined procedure. The Commission 
also observes that manufacturers are contemplating that devices that 
connect to CMRS services, mobile and personal/portable devices, whole-
home wireless networks and other wireless data systems that will use TV 
white space spectrum will also include Wi-Fi and Bluetooth 
communications technologies.

Fixed Licensed Point-to-Point Backhaul Use

    83. In the Second Report and Order, the Commission decided that it 
would not be practicable to authorize the use of TV white spaces on a 
licensed basis. It concluded that the attributes supporting successful 
use of licensing--spectrum rights that are clearly defined, exclusive, 
flexible and transferable--would be difficult to accomplish in the TV 
bands if the Commission were to maintain its goal of not affecting the 
interference protection status of existing services. The frequencies 
and amount of unused TV bands spectrum will vary at each location and 
could change as other primary users enter the band. Instead, the 
Commission decided to allow low power unlicensed devices to operate on 
the TV white spaces at power levels no greater than 4 watts EIRP. 
First, it was concerned that operation at higher power levels would 
increase the risk of interference in congested areas and thus could 
make sharing spectrum between TV bands device users more difficult. 
Second, because the Commission did not have experience with unlicensed 
wireless broadband operations in the TV bands, it decided to take a 
cautious approach in setting power limits to minimize the risk of 
interference to authorized users of the TV bands.
    84. Decision. The Commission has declined to set aside TV channels 
for fixed licensed backhaul use as requested by FiberTower at this 
time. The Broadband Action Agenda recently indicated an intention that 
the Commission initiate rule making proceedings to increase spectrum 
efficiency and innovation in various frequency bands including the 
broadcast TV spectrum. The Commission intends to consider FiberTower's 
requests for spectrum for fixed licensed backhaul to

[[Page 75830]]

support broadband services in the broader context of these future 
proceedings in order to better ensure a comprehensive approach to 
wireless rural backhaul in these bands. The Commission disagrees with 
FiberTower's contention that it should not delay in addressing its 
request for access to the TV bands because it would be impossible for 
the Commission to authorize licensed uses after unlicensed devices 
occupy the TV bands. Both fixed and personal/portable devices are to 
rely on a TV bands device database as their primary method for 
determining available channels. If the Commission makes changes to the 
rules concerning permissible channels of operation, imposes geographic 
area restrictions or makes other changes to the technical parameters 
for TV bands devices, these will be taken into account by the database 
administrator in determining available channels for TV bands devices. 
Therefore, any TV bands device that operates on a channel that is later 
designated for another use would cease operation on that channel after 
it performs its daily database check and the database indicates that 
the channel is no longer available for use. As the Commission moves 
forward, it is interested in pursuing the question of whether it can 
accommodate licensed rural backhaul in the white spaces within the UHF 
bands. Therefore, Commission staff will evaluate this possibility over 
the coming months, and will formulate and submit a recommendation on 
next steps to the Commissioners by the end of 2010.

Other Issues

Canada/Mexico Border Areas

    85. The allotment and assignment of TV channels in the border areas 
with Canada and Mexico are subject to agreements with each of those 
countries. Low power TV assignments within 32 kilometers (20 miles) of 
the Canadian border must be referred to the Canadian authorities for 
approval. In addition, low power UHF TV stations that are located less 
than 40 kilometers (25 miles) from the Mexican border, and low power 
VHF TV stations that are less than 60 kilometers (37 miles) from the 
Mexican border, must be referred to the Mexican government for 
approval.
    86. In the Second Report and Order, the Commission decided that 
fixed TV bands devices should not be permitted to operate within the 
border areas specified in the Canadian and Mexican agreements until it 
has an opportunity ``to negotiate any necessary changes to those 
agreements with Canada and Mexico.'' The Commission stated that fixed 
TV bands devices that operate with outdoor antennas at an EIRP of up to 
4 watts ``will be somewhat similar in operation to low power TV 
stations,'' and thus decided ``in keeping with the low power 
broadcasting agreements with Canada and Mexico'' that TV bands devices 
must comply with the distance separations from the border specified in 
the agreements. The Commission also applied the same distance 
restrictions on the use of lower powered unlicensed personal/portable 
TV bands devices within the border areas ``to avoid any uncertainty in 
administering the agreements with Canada and Mexico.'' These border 
distance restrictions will be enforced for fixed devices and Mode II 
personal/portable devices through the use of their geo-location and 
database access capabilities. Devices operating in Mode I without a 
geo-location/database access capability will be prevented from 
operating in the border areas in that they will operate relatively 
close to an associated base station (fixed or personal/portable) that 
uses a geo-location/database access capability that will keep it from 
operating in the border areas.
    87. Decision. The Commission modified the requirements for the 
operation of TV bands devices in border areas with Canada and Mexico. 
The Commission clarified that unlicensed devices are not covered by the 
TV broadcast agreements with Canada and Mexico, and thus it does not 
need to negotiate changes to those agreements as stated in the Second 
Report and Order. The Commission historically applied these agreements 
to licensed operations which are well-defined and readily identified 
under its rules and in its databases, characteristics which do not 
apply to unlicensed devices. Nonetheless, because TV bands devices will 
operate in the same frequency bands and on the same channels as TV 
stations in those countries as well as in the U.S., albeit at lower 
power than licensed stations, the Commission is sensitive to the need 
to avoid causing interference to TV broadcast operations in Canada and 
Mexico. The Commission finds merit in Tribal Digital Village's 
suggested option to protect Canadian and Mexican stations in the border 
areas by including information on the Canadian and Mexican stations in 
the TV bands database as protected services within those countries. The 
Commission will do so, thereby ensuring that stations in those 
countries will be protected to the same level as stations in the U.S. 
The Commission will discuss its decision with Canada and Mexico to 
ensure that information on their operations in the database will be 
timely and accurate.

Transmitter IDs

    88. In the Second Report and Order, the Commission required fixed 
TV bands devices to transmit identifying information to ensure that 
they can be identified if interference occurs. It required the 
identification signal to conform to a standard established by a 
recognized industry standards setting organization and stated that it 
expects the identification signal to carry sufficient information to 
identify the device and its location.
    89. Decision. The Commission affirms its decision to require fixed 
TV bands devices to transmit an identification signal to identify the 
specific device and its location. The Commission concluded previously 
that an identification signal will provide a useful means to help 
locate a specific device in the event that it causes interference. 
Although it has not specified the type of information that should be 
transmitted, it anticipates that, because fixed devices also have to 
register in the TV bands database, the transmitted identification 
information will be correlated, perhaps identical, with the database 
information to facilitate the location of a specific device.
    90. The Commission recognizes the concerns of Motorola and Adaptrum 
about possible delays in development of a standard for the 
identification signal. Although the rules require that the signal 
conform to a standard established by a ``recognized industry standards 
setting organization,'' the Commission does not specify beyond this 
general criterion the type of organization that could develop such a 
standard, nor limit the number of organizations that might participate 
in the development of the standard. If necessary, the Commission will 
work with industry groups to ensure development of a standard in a 
timely fashion. Accordingly, the Commission anticipates that the 
development of a standard, at worst, will result in relatively little 
delay in the entry into the market of new TV bands devices. This slight 
potential downside is more than outweighed by the benefits of 
standardizing the delivery of the identification information.
    91. Adaptrum is mistaken in asserting that the Commission's 
reliance on a non-governmental group for developing a standard for the 
identification signal constitutes an improper delegation of authority. 
The Commission established minimum requirements for the identification 
information in the Second Report and Order, and it retained

[[Page 75831]]

authority to determine whether fixed TV bands device operators comply 
with this requirement. The referral to an industry standards-setting 
organization in the Second Report and Order of the task to develop a 
standard for the identification signal only involves issues related to 
the details of the identifying information to be transmitted, such as 
format. To the extent the standard fails to facilitate the intended use 
of the identification information that the device operators are 
required to provide, the Commission can easily address this failing by 
revisiting the sufficiency of the device operators' compliance with the 
underlying identification requirements and the framework for ensuring 
such compliance. Under these circumstances, the Commission's 
instruction that the device operators conform their identification 
signals to an industry standard established by a non-governmental 
standards-setting group does not come close to crossing the line drawn 
by the courts against improper delegations of agency authority.
    92. The Commission declines to require that personal/portable 
devices operating in Mode I transmit an identification signal. 
Personal/portable devices operate at lower power than fixed devices and 
have a lower interference potential so there is less need for them to 
transmit identification information. Also, a personal/portable device 
operating in Mode I will not ``know,'' and therefore cannot transmit, 
its geographic coordinates, making an identification signal from such a 
device significantly less useful.

Professional Installation

    93. The geographic coordinates of a fixed TV bands device are to be 
determined by either an incorporated geo-location capability or a 
professional installer. In the case of professional installation, the 
party who registers the device in the database will be responsible for 
assuring the accuracy of the entered coordinates.
    94. Decision. The Commission sees no need to modify the rules 
concerning the requirements for professional installation. The rules 
provide professional installation as an alternative to including a geo-
location capability in the devices, and the intended purpose is to 
ensure that the geographic coordinates are correctly ascertained. The 
Commission generally intended that a ``professional installer'' mean an 
entity consisting of an individual or team of individuals with 
experience in installing radio communications equipment and that 
provides service on a fee basis--such an individual or team can 
generally be expected to be capable of ascertaining the geographic 
coordinates of a site and entering them into the device for 
communication to a database. The task of ascertaining geographic 
coordinates and entering them into a device is not particularly 
difficult or complex and the Commission therefore does not believe it 
is necessary to define the qualifications of a professional installer 
in the rules. In this context, the Commission finds it adequate to 
simply provide that a professional installer may be responsible for 
assuring the accuracy of the entered coordinates. Further, the rules 
already recognize professional installation for certain categories of 
part 15 transmitters, and if professional installation is deemed 
appropriate for a device, the grant of certification is conditioned 
accordingly.

Section 301 Licensing

    95. Decision. The Commission considered and rejected SBE's 
contention that the rules adopted in the Second Report and Order do not 
provide adequate protection against interference. Accordingly, the 
Commission need not address SBE's assertion that section 301 of the Act 
requires licensing in this case. In addition, it declines to modify the 
rules to provide a private right of action if interference occurs. The 
Commission's statutory authority and its rules provide for a range of 
enforcement actions that could be relied upon to eliminate and prevent 
interference.

Radio Astronomy

    96. In the Second Report and Order, the Commission prohibited both 
fixed and personal/portable TV bands devices from operating on any 
channel within 2.4 kilometers (1.5 miles) of certain radio astronomy 
receive sites, including the Very Large Array (VLA) observatory located 
approximately 50 miles west of Socorro, New Mexico. This observatory 
consists of 27 moveable antennas laid out in a Y-shaped configuration. 
The Commission's rules list the coordinates of the center of the array, 
but each segment of the array is 13 miles long, so the protection zone 
of 2.4 kilometers around the center point does not encompass large 
portions of the array. The National Telecommunications and Information 
Administration (NTIA) requested that the Commission change the 
protected coordinates from a single point to a rectangular area that 
encompasses the entire VLA. To ensure that this facility is protected 
from interference from TV bands devices, the Commission is adopting the 
change requested by NTIA. The rectangular area recommended by NTIA is 
approximately 19 miles by 22.5 miles, but because the observatory is in 
a generally unpopulated area, this change will affect few potential 
users of TV bands devices.

Other Rule Clarifications

    97. Upon review of the rules adopted in the Second Report and 
Order, the Commission discovered a number of minor inconsistencies 
between the text of the Second Report and Order and the rules. In 
addition, it noted a number of cases where it believes it is 
appropriate to clarify the rules, consistent with the Second Report and 
Order. Because these changes are not substantive, the Commission may 
make them on its own motion without prior notice and comment. A summary 
of the changes is provided as follows.
    <bullet> Changes to definitions:
     [cir] The Commission is correcting an erroneous cross-reference in 
the definition of available channel and removing text that is not 
necessary as part of this definition; it is also clarifying the 
definition of a television channel.
     [cir] The Commission is removing the specific definitions of 
client mode, client device, master mode and master device and revising 
the text of other portions of the TV white space rules to reflect these 
changes.
     [cir] The Commission is incorporating the concepts of master and 
client in the definitions of fixed, Mode I and Mode II personal/
portable devices.
     [cir] The Commission is indicating that a TV receive site may be 
used to provide signals to a Multiple Video Program Distributor (MVPD) 
and making minor wording edits to the definition of receive site.
     [cir] The Commission is indicating in the definition of TV bands 
devices that they operate on an unlicensed basis.
     [cir] The Commission is indicating that TV bands device databases 
used by TV bands devices to obtain lists of available channels must be 
authorized by the Commission.
    <bullet> Clarifications of the requirements for Mode I TV bands 
devices.
     [cir] The Commission is specifying that the list of channels 
provided to a Mode I device must be the same as the list of channels 
that are available to the fixed or Mode II device that provides the 
list.
     [cir] The Commission is clarifying that a Mode I device may 
operate only on channels that are permissible for its use, even if 
there are available channels outside the permitted range for Mode I 
devices, e.g., channels below 21, where only fixed devices may operate.

[[Page 75832]]

     [cir] The Commission is clarifying that a fixed device or a Mode 
II device has the option to provide a supplemental list of available 
channels to Mode I devices (i.e., a list of available channels in 
addition to the list of channels available to the fixed or Mode II 
device) that includes channels that are adjacent occupied TV channels 
and therefore not available to the fixed or Mode II device.

Final Paperwork Reduction Act of 1995 Analysis

    98. The Second Memorandum Opinion and Order contains new or 
modified information collections subject to the Paperwork Reduction Act 
of 1995 (PRA) and will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA, Public Law 
104-13. A modification is required to the Form 731 (OMB 3060-0057). 
OMB, the general public, and other Federal agencies are 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.

Final Regulatory Flexibility Analysis

    99. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rule Making (NPRM) in ET Docket No. 04-186,\2\ 69 FR 
34103, June 18, 2004, and an additional IRFA was incorporated in the 
First Report and Order and Further Notice of Proposed Rule Making 
(Further NPRM) in ET Docket No. 04-186,\3\ 71 FR 66897, November 17, 
2006. The Commission sought written public comment on the proposals in 
the NPRM and in the Further NPRM, including comment on the IRFAs. No 
comments were received in response to either IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\4\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ NPRM, 19 FCC Rcd at 10018.
    \3\ Further NPRM, 21 FCC Rcd at 12299.
    \4\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Second Memorandum Opinion and Order

    100. This Second Memorandum Opinion and Order responds to seventeen 
petitions for reconsideration that were filed in response to the Second 
Report and Order and Memorandum Opinion and Order (Second Report and 
Order) in this proceeding.\5\ It upholds the majority of the 
Commission's prior decisions permitting unlicensed broadband operations 
in the TV bands and also makes other minor changes and refinements to 
the rules for TV bands devices. The Commission believes that these 
changes and clarifications to the rules will better ensure that 
licensed services are protected from interference while retaining 
flexibility for unlicensed devices to share spectrum with new services 
or to change frequencies if TV spectrum is reallocated for other 
purposes.
---------------------------------------------------------------------------

    \5\ We are addressing seventeen petitions for reconsideration 
that were filed in response to the Second Report and Order and 
Memorandum Opinion and Order (Second Report and Order) in this 
proceeding. See Second Report and Order and Memorandum Opinion and 
Order in ET Docket Nos. 02-380 and 04-186, 23 FCC Rcd 16807 (2008).
---------------------------------------------------------------------------

    101. In the Second Memorandum Opinion and Order, the Commission is 
taking steps to provide access to unused TV spectrum that will fuel 
innovation and investment in new unlicensed wireless technologies, much 
as Wi-Fi and Bluetooth have changed the landscape of communications in 
recent years. It is resolving on reconsideration certain legal and 
technical issues in order to provide certainty concerning the rules for 
operation of unlicensed transmitting devices in the television 
broadcast frequency bands (unlicensed TV bands devices, or TVBDs). The 
steps being taken will make a significant amount of currently unused 
spectrum with very desirable propagation characteristics available for 
new and innovative products and services, particularly broadband data 
and other services for businesses and consumers. Resolution of these 
issues will allow manufacturers to begin marketing unlicensed 
communications devices and systems that operate on frequencies in the 
TV bands in areas where they are not used by licensed services (TV 
white spaces). The opening of these bands for unlicensed use, which 
represents the first significant increase in unlicensed spectrum below 
5 GHz in over 20 years, will spur manufacturers to develop new radio 
technologies that will have wide ranging applicability for spectrum 
sharing in many frequency bands, will have significant benefits for 
both businesses and consumers and will promote more efficient spectrum 
use. The technology that enables access to TV white spaces will also 
serve as a foundation for a model that can be extended to provide 
opportunistic access to other spectrum bands.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    102. Richard A. Rudman and Dane E. Ericksen (Rudman/Ericksen) argue 
that the Final Regulatory Flexibility Analysis (FRFA) in the Second 
Report and Order is deficient because it did not address certain 
burdens on industry.\6\ Specifically, they argue that the FRFA failed 
to consider the burden of every one of the 6,635 cable television 
systems in the United States having to register with the TV bands 
device database to protect the multiple TV receivers typically 
installed at a cable headend. Rudman/Ericksen state that because the 
rules permit the registration of receive sites only if they are outside 
the protected contour of the station being received, and only at 
distances up to 80 km from the protected contour, a cable system 
operator will have to calculate the contour for each station being 
received to determine if the receive site is eligible for registration. 
They state that there are 8,126 cable headends in the United States, 
and that if each headend receives ten stations, then over 80,000 
contour calculations must be performed. Similarly, Rudman/Ericksen 
argue that thousands of TV translator licensees will have to perform 
contour calculations to determine whether their receive sites are at 
locations that are eligible for registration in the TV bands device 
database.
---------------------------------------------------------------------------

    \6\ See Rudman/Ericksen petition at 7.
---------------------------------------------------------------------------

    103. The Commission disagrees with Rudman/Ericksen that voluntary 
registration of receive sites for cable headends and TV translators 
poses a significant burden. As the Commission noted in the Second 
Report and Order, the receive sites that may be registered in the TV 
bands device database are located in areas where TV services are 
normally not protected, but the Commission decided to provide parties 
the option of registering sites if they choose to minimize the 
potential for interference from TV bands devices. However, there is no 
requirement to register a site. Further, operators of cable systems or 
other multi-channel video programming distributors (MVPDs) typically 
already have information on the location of the protected contours of 
TV stations in their service areas, so they can quickly

[[Page 75833]]

determine whether a particular receive site is eligible for 
registration. Even if the operator of a receive site does not know its 
location with respect to the protected contour of the station being 
received, such information can be readily obtained. The Commission 
notes that it received petitions for reconsideration from the cable and 
TV translator industries and two MVPDs, and none of these parties 
claimed that registration of receive sites is unduly burdensome as 
Rudman/Ericksen allege.\7\
---------------------------------------------------------------------------

    \7\ See petitions of the National Cable and Telecommunications 
Association (March 19, 2009), Community Broadcasters Association 
(March 19, 2009) and DirecTV and Dish Network (March 19, 2009).
---------------------------------------------------------------------------

C. Description and Estimate of the Number of Small Entities To Which 
Rules Will Apply

    104. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of, the number of small entities that may 
be affected by the rules adopted herein.\8\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \9\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\10\ A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).\11\
---------------------------------------------------------------------------

    \8\ 5 U.S.C. 604(a)(3).
    \9\ 5 U.S.C. 601(6).
    \10\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \11\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    105. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \12\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees.\13\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\14\ Of this total, 1,010 had employment 
of under 500, and an additional 13 had employment of 500 to 999.\15\ 
Thus, under this size standard, the majority of firms can be considered 
small.
---------------------------------------------------------------------------

    \12\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \13\ 13 CFR 121.201, NAICS code 334220.
    \14\ U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released May 26, 2005); http://factfinder.census.gov. The number of ``establishments'' is a less 
helpful indicator of small business prevalence in this context than 
would be the number of ``firms'' or ``companies,'' because the 
latter take into account the concept of common ownership or control. 
Any single physical location for an entity is an establishment, even 
though that location may be owned by a different establishment. 
Thus, the numbers given may reflect inflated numbers of businesses 
in this category, including the numbers of small businesses. In this 
category, the Census breaks-out data for firms or companies only to 
give the total number of such entities for 2002, which was 929.
    \15\ Id. An additional 18 establishments had employment of 1,000 
or more.
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    106. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category.\16\ Prior to that time, such firms 
were within the now-superseded categories of ``Paging'' and ``Cellular 
and Other Wireless Telecommunications.'' \17\ Under the present and 
prior categories, the SBA has deemed a wireless business to be small if 
it has 1,500 or fewer employees.\18\ Because Census Bureau data are not 
yet available for the new category, we will estimate small business 
prevalence using the prior categories and associated data. For the 
category of Paging, data for 2002 show that there were 807 firms that 
operated for the entire year.\19\ Of this total, 804 firms had 
employment of 999 or fewer employees, and three firms had employment of 
1,000 employees or more.\20\ For the category of Cellular and Other 
Wireless Telecommunications, data for 2002 show that there were 1,397 
firms that operated for the entire year.\21\ Of this total, 1,378 firms 
had employment of 999 or fewer employees, and 19 firms had employment 
of 1,000 employees or more.\22\ Thus, we estimate that the majority of 
wireless firms are small.
---------------------------------------------------------------------------

    \16\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \17\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211 
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S. 
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other 
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
    \18\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes 
517211 and 517212 (referring to the 2002 NAICS).
    \19\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \20\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \21\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \22\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    107. TV bands devices are required to be authorized under the 
Commission's certification procedure as a prerequisite to marketing and 
importation, and the Second Memorandum Opinion and Order makes no 
change to that requirement. However, it makes certain changes to the 
technical requirements for TV bands devices, which are discussed below. 
In addition, the Second Memorandum Opinion and Order makes certain 
changes to the requirements for TV bands device databases, which are 
also discussed.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    108. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption

[[Page 75834]]

from coverage of the rule, or any part thereof, for such small 
entities.'' \23\
---------------------------------------------------------------------------

    \23\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    109. The Second Memorandum Opinion and Order generally upholds the 
rules adopted in the Second Report and Order. However, the Commission 
agreed with petitioners with regard to a number of the requested 
changes to the rules and modified and clarified the rules as 
appropriate in granting those requests. It believed those changes and 
clarifications will provide for improved protection of licensed 
services in the TV bands, resolve certain uncertainties in the rules 
and provide manufacturers with greater flexibility in designing 
products to meet market demands.
    110. The Commission eliminated the requirement for TV bands devices 
that rely on geo-location and database access to sense analog and 
digital TV signals and also wireless microphones and other low power 
auxiliary stations. In reaching this decision, it considered the 
competing views from various parties on whether spectrum sensing is a 
viable tool for providing access to spectrum. The Commission believes 
that spectrum sensing will continue to develop and improve and 
anticipates that some form of spectrum sensing may very well be 
included in TVBDs on a voluntary basis for purposes such as determining 
the quality of each channel and enhancing spectrum sharing among TVBDs. 
However, the Commission did not believe that a mandatory spectrum 
sensing requirement best serves the public interest. It found that the 
geo-location and database access method and other provisions of the 
rules will provide adequate and reliable protection for television and 
low power broadcast auxiliary services, so that spectrum sensing is not 
necessary. These other rule provisions include: (1) Reserving two 
vacant UHF channels for wireless microphones and other low power 
auxiliary service devices in all areas of the country, and (2) allowing 
operators of the venues of large events and productions/shows that use 
large numbers of wireless microphones on an unlicensed basis to 
register the sites of those venues with the Commission to receive the 
same geographic spacing protections afforded licensed wireless 
microphones.
    111. The Commission also adopted changes to the requirements for 
the databases that TV bands devices must contact to contain lists of 
available channels. Specifically, it required that communications 
between TV bands devices and TV bands databases, and between multiple 
databases, are secure. The Commission found that it is important and 
necessary for TV bands devices and TV bands databases to incorporate 
reasonable and reliable security measures to minimize the possibility 
that TV bands devices will operate on occupied channels and cause 
interference to licensed services and to protect the operation of the 
databases and the devices they serve from outside manipulation. The 
Commission noted that virtually all online transactions involving 
financial or other confidential information currently use security 
measures to protect against unauthorized viewing and/or alteration of 
information being sent and to ensure that only authorized users have 
access to information. It therefore expects that device manufacturers 
and database administrators will have access to and be able to 
incorporate the reliability and security measures needed to protect the 
contents of databases and communications between databases and TV bands 
devices or other databases. In addition, the Commission required that 
all information that is required by the Commission's rules to be in a 
TV bands device database be publicly available, including fixed TV 
bands device registration and voluntarily submitted protected entity 
(e.g., cable head ends) information. Although much of the data will 
come from Commission databases that already are public sources, errors 
could result from the inadvertent entry of incorrect data, or as a 
result of a party deliberately entering false data. The Commission 
found it is appropriate to permit public examination of protected 
entity registration information to allow the detection and correction 
of errors.
    112. The Commission made certain changes to the technical 
requirements for TV bands devices. It adopted a power spectral density 
(PSD) limit, which is a measure of transmitter power per unit of 
bandwidth. In the absence of a PSD limit, multiple devices with 
transmit bandwidths of significantly less than the width of a TV 
channel (6 megahertz) could share a single channel, resulting in a 
total transmitted power within a channel significantly greater than the 
power limits for fixed or personal/portable devices. A PSD limit will 
prohibit high power concentrations in a single channel, which will 
reduce the interference potential to TV stations and other services in 
the TV bands. The Commission also adopted changes to the measurement 
procedure for TV bands device emissions that fall into a TV channel 
adjacent to the operating channel to ensure that consistent measurement 
results are obtained regardless of the bandwidth of the transmitted 
signal.
    113. The Commission also removed the prohibition on TV bands 
devices operating within the border areas near Canada and Mexico. It 
found that TV stations in Canada and Mexico could be protected by 
including them in the TV bands device database rather than by a blanket 
exclusion on TV bands device operation within the border areas.

F. Report to Congress

    114. The Commission will send a copy of the Second Memorandum 
Opinion and Order, including this FRFA, in a report to be sent to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act.\24\ A copy of the Second Memorandum Opinion 
and Order and FRFA (or summaries thereof) will also be published in the 
Federal Register.\25\
---------------------------------------------------------------------------

    \24\ See 5 U.S.C. 801(a)(1)(A).
    \25\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

Ordering Clauses

    115. Pursuant to the authority contained in sections 4(i), 302, 
303(e), 303(f), and 307 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i), 302, 303(c), 303(f), and 307 this Second Memorandum 
Opinion and Order is hereby adopted.
    116. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(g), 303(r) 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302, 303(e), 303(f), 303(g), 303(r) and 405, the petitions for 
reconsideration addressed are granted to the extent discussed and the 
remainder of requests in the petitions for reconsideration are denied 
as discussed.
    117. Part 15 of the Commission's rules is amended as specified in 
Appendix B, and such rule amendments shall be effective January 5, 2011 
except for Sec. Sec.  15.713, 15.714, 15.715 and 15.717, which contains 
information collection requirements that require approval by the Office 
of Management and Budget (OMB) under the PRA. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing such approval and the relevant effective date.
    118. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(g), 303(r) 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302, 303(e), 303(f), 303(g), 303(r) and 405, the remainder of 
requests in the petitions for reconsideration addressed herein are 
denied.
    119. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Second 
Memorandum Opinion and Order, including the Final Regulatory

[[Page 75835]]

Flexibility Analysis, to the Chief Counsel for Advocacy of the U.S. 
Small Business Administration.

List of Subjects

47 CFR Part 0

    Organization and functions (government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 0 and 15 to read as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Section 0.241 is amended by redesignating paragraph (h) as paragraph 
(i) and adding new paragraph (h) to read as follows:


Sec.  0.241  Authority delegated.

* * * * *
    (h) The Chief of the Office of Engineering and Technology is 
delegated authority to administer the database functions for unlicensed 
devices operating in the television broadcast bands (TV bands) as set 
forth in subpart H of part 15 of this chapter. The Chief is delegated 
authority to develop specific methods that will be used to designate TV 
bands database managers, to designate these database managers; to 
develop procedures that these database managers will use to ensure 
compliance with the requirements for database operations; to make 
determinations regarding the continued acceptability of individual 
database managers; and to perform other functions as needed for the 
administration of the TV bands databases. The Chief is also delegated 
authority jointly with the Chief of the Wireless Telecommunications 
Bureau to administer provisions of Sec.  15.713(h)(8) of this chapter 
pertaining to the registration of event sites where large numbers of 
wireless microphones that operate on frequencies specified in Sec.  
74.802 of this chapter are used.
* * * * *

0
3. Section 0.331 is amended by revising the introductory text and 
adding new paragraph (e) to read as follows:


Sec.  0.331  Authority delegated.

    The Chief, Wireless Telecommunications Bureau, is hereby delegated 
authority to perform all functions of the Bureau, described in Sec.  
0.131, subject to the exceptions and limitations in paragraphs (a) 
through (d) of this section, and also the functions described in 
paragraph (e) of this section.
* * * * *
    (e) The Chief of the Wireless Telecommunications Bureau is 
delegated authority jointly with the Chief of the Office of Engineering 
and Technology to administer provisions of Sec.  15.713(h)(8) of this 
chapter pertaining to the registration of event sites where large 
numbers of wireless microphones that operate on frequencies specified 
in Sec.  74.802 of this chapter are used.

PART 15--RADIO FREQUENCY DEVICES

0
4. The authority citation for part 15 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.


0
5. Section 15.701 is revised to read as follows:


Sec.  15.701  Scope.

    This subpart sets forth the regulations for unlicensed Television 
Band Devices (TVBDs). These devices are unlicensed intentional 
radiators that operate on available TV channels in the broadcast 
television frequency bands at 54-60 MHz (TV channel 2), 76-88 MHz (TV 
channels 5 and 6), 174-216 MHz (TV channels 7-13), 470-608 MHz (TV 
channels 14-36) and 614-698 MHz (TV channels 38-51).

0
6. Section 15.703 is revised to read as follows:


Sec.  15.703  Definitions.

    (a) Available channel. A six-megahertz television channel, as 
specified in Sec.  73.603 of this chapter, which is not being used by 
an authorized service at or near the same geographic location as the 
TVBD and is acceptable for use by an unlicensed device under the 
provisions of this subpart.
    (b) Contact verification signal. An encoded signal broadcast by a 
fixed or Mode II device for reception by Mode I devices to which the 
fixed or Mode II device has provided a list of available channels for 
operation. Such signal is for the purpose of establishing that the Mode 
I device is still within the reception range of the fixed or Mode II 
device for purposes of validating the list of available channels used 
by the Mode I device and shall be encoded to ensure that the signal 
originates from the device that provided the list of available 
channels. A Mode I device may respond only to a contact verification 
signal from the fixed or Mode II device that provided the list of 
available channels on which it operates. A fixed or Mode II device 
shall provide the information needed by a Mode I device to decode the 
contact verification signal at the same time it provides the list of 
available channels.
    (c) Fixed device. A TVBD that transmits and/or receives 
radiocommunication signals at a specified fixed location. A fixed TVBD 
may select channels for operation itself from a list of available 
channels provided by a TV bands database, initiate and operate a 
network by sending enabling signals to one or more fixed TVBDs and/or 
personal/portable TVBDs. Fixed devices may provide to a Mode I 
personal/portable device a list of available channels on which the Mode 
I device may operate under the rules, including available channels 
above 512 MHz (above TV channel 20) on which the fixed TVBD also may 
operate and a supplemental list of available channels above 512 MHz 
(above TV channel 20) that are adjacent to occupied TV channels on 
which the Mode I device, but not the fixed device, may operate.
    (d) Geo-location capability. The capability of a TVBD to determine 
its geographic coordinates within the level of accuracy specified in 
Sec.  15.711(b)(1), i.e. 50 meters. This capability is used with a TV 
bands database approved by the FCC to determine the availability of TV 
channels at a TVBD's location.
    (e) Mode I personal/portable device. A personal/portable TVBD that 
does not use an internal geo-location capability and access to a TV 
bands database to obtain a list of available channels. A Mode I device 
must obtain a list of available channels on which it may operate from 
either a fixed TVBD or Mode II personal/portable TVBD. A Mode I device 
may not initiate a network of fixed and/or personal/portable TVBDs nor 
may it provide a list of available channels to another Mode I device 
for operation by such device.
    (f) Mode II personal/portable device. A personal/portable TVBD that 
uses an internal geo-location capability and access to a TV bands 
database, either through a direct connection to the Internet or through 
an indirect connection to the Internet by way of fixed TVBD or another 
Mode II TVBD,

[[Page 75836]]

to obtain a list of available channels. A Mode II device may select a 
channel itself and initiate and operate as part of a network of TVBDs, 
transmitting to and receiving from one or more fixed TVBDs or personal/
portable TVBDs. A Mode II personal/portable device may provide its list 
of available channels to a Mode I personal/portable device for 
operation on by the Mode I device.
    (g) Network initiation. The process by which a fixed or Mode II 
TVBD sends control signals to one or more fixed TVBDs or personal/
portable TVBDs and allows them to begin communications.
    (h) Operating channel. An available channel used by a TVBD for 
transmission and/or reception.
    (i) Personal/portable device. A TVBD that transmits and/or receives 
radiocommunication signals at unspecified locations that may change. 
Personal/portable devices may only transmit on available channels in 
the frequency bands 512-608 MHz (TV channels 21-36) and 614-698 MHz (TV 
channels 38-51).
    (j) Receive site. The location where the signal of a full service 
television station is received for rebroadcast by a television 
translator or low power TV station, including a Class A TV station, or 
for distribution by a Multiple Video Program Distributor (MVPD) as 
defined in 47 U.S.C. 602(13).
    (k) Sensing only device. A personal/portable TVBD that uses 
spectrum sensing to determine a list of available channels. Sensing 
only devices may transmit on any available channels in the frequency 
bands 512-608 MHz (TV channels 21-36) and 614-698 MHz (TV channels 38-
51).
    (l) Spectrum sensing. A process whereby a TVBD monitors a 
television channel to detect whether the channel is occupied by a radio 
signal or signals from authorized services.
    (m) Television band device (TVBD). Intentional radiators that 
operate on an unlicensed basis on available channels in the broadcast 
television frequency bands at 54-60 MHz (TV channel 2), 76-88 MHz (TV 
channels 5 and 6), 174-216 MHz (TV channels 7-13), 470-608 MHz (TV 
channels 14-36) and 614-698 MHz (TV channels 38-51).
    (n) TV bands database. A database system that maintains records of 
all authorized services in the TV frequency bands, is capable of 
determining the available channels as a specific geographic location 
and provides lists of available channels to TVBDs that have been 
certified under the Commission's equipment authorization procedures. TV 
bands databases that provide lists of available channels to TVBDs must 
receive approval by the Commission.

0
7. Section 15.706 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.706  Information to the user.

    (a) In addition to the labeling requirements contained in Sec.  
15.19, the instructions furnished to the user of a TVBD shall include 
the following statement, placed in a prominent location in the text of 
the manual:

    This equipment has been tested and found to comply with the 
rules for TV bands devices, pursuant to part 15 of the FCC rules. 
These rules are designed to provide reasonable protection against 
harmful interference. This equipment generates, uses and can radiate 
radio frequency energy and, if not installed and used in accordance 
with the instructions, may cause harmful interference to radio 
communications. If this equipment does cause harmful interference to 
radio or television reception, which can be determined by turning 
the equipment off and on, the user is encouraged to try to correct 
the interference by one or more of the following measures:
    (1) Reorient or relocate the receiving antenna.
    (2) Increase the separation between the equipment and receiver.
    (3) Connect the equipment into an outlet on a circuit different 
from that to which the receiver is connected.
    (4) Consult the manufacturer, dealer or an experienced radio/TV 
technician for help.
* * * * *

0
8. Section 15.707 is revised to read as follows:


Sec.  15.707  Permissible channels of operation.

    (a) All TVBDs are permitted to operate available channels in the 
frequency bands 512-608 MHz (TV channels 21-36) and 614-698 MHz (TV 
channels 38-51), subject to the interference protection requirements in 
Sec. Sec.  15.711 and 15.712, except that operation of TVBDs is 
prohibited on the first channel above and the first channel below TV 
channel 37 (608-614 MHz) that are available, i.e., not occupied by an 
authorized service. If a channel is not available both above and below 
channel 37, operation is prohibited on the first two channels nearest 
to channel 37. These channels will be identified and protected in the 
TV bands database(s).
    (b) Operation on available channels in the bands 54-60 MHz (TV 
channel 2), 76-88 MHz (TV channels 5 and 6), 174-216 MHz (TV channels 
7-13) and 470-512 MHz (TV channels 14-20), subject to the interference 
protection requirements in Sec. Sec.  15.711 and 15.712, is permitted 
only for fixed TVBDs that communicate only with other fixed TVBDs.
    (c) Fixed and Mode II TVBDs shall operate only on available 
channels as identified in paragraphs (a) and (b) of this section and as 
determined by a TV bands database in accordance with the interference 
avoidance mechanisms of Sec. Sec.  15.711 and 15.712.
    (d) Mode I TVBDs shall operate only on available channels as 
identified in paragraphs (a) and (b) of this section and provided from 
a fixed or Mode II TVBD in accordance with Sec.  15.711(b)(3)(iv).

0
9. Section 15.709 is amended by revising paragraphs (a) and (b); 
removing paragraph (c) introductory text and adding a heading to 
paragraph (c) in its place; and revising paragraphs (c) (1) through 
(c)(3) to read as follows:


Sec.  15.709  General technical requirements.

    (a) Power limits for TVBDs. (1) For fixed TVBDs, the maximum power 
delivered to the transmitting antenna shall not exceed one watt per 6 
megahertz of bandwidth on which the device operates. The power 
delivered to the transmitting antenna is the maximum conducted output 
power reduced by the signal loss experienced in the cable used to 
connect the transmitter to the transmit antenna. If transmitting 
antennas of directional gain greater than 6 dBi are used, the maximum 
conducted output power shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi.
    (2) For personal/portable TVBDs, the maximum EIRP shall not exceed 
100 milliwatts (20 dBm) per 6 megahertz of bandwidth on which the 
device operates with the following exceptions; Mode II personal/
portable TVBDs that do not meet the adjacent channel separation 
requirements in Sec.  15.712(a) and Mode I personal/portable TVBDs that 
operate on available channels (provided by a Mode II TVBD) that do not 
meet the adjacent channel separation requirements of Sec.  15.712(a) 
are limited to a maximum EIRP of 40 milliwatts (16 dBm) per 6 megahertz 
of bandwidth on which the device operates.
    (3) TVBDs shall incorporate transmit power control to limit their 
operating power to the minimum necessary for successful communication. 
Applicants for equipment certification shall include a description of a 
device's transmit power control feature mechanism.
    (4) Maximum conducted output power is the total transmit power over 
the occupied bandwidth delivered to all antennas and antenna elements 
averaged across all symbols in the signaling alphabet when the 
transmitter is operating at its maximum power control level. Power must 
be summed across all antennas and antenna elements. The average must 
not include

[[Page 75837]]

any time intervals during which the transmitter is off or is 
transmitting at a reduced power level. If multiple modes of operation 
are possible (e.g., alternative modulation methods), the maximum 
conducted output power is the highest total transmit power occurring in 
any mode.
    (5) The power spectral density conducted from the TVBD to the 
antenna shall not be greater than the following values when measured in 
any 100 kHz band during any time interval of continuous transmission:
    (i) Fixed devices: 12.2 dBm.
    (ii) Personal/portable devices operating adjacent to occupied TV 
channels: -1.8 dBm.
    (iii) Sensing-only devices: -0.8 dBm.
    (iii) All other personal/portable devices: 2.2 dBm.
    (6) TVBDs shall incorporate adequate security measures to prevent 
the TVBD from accessing databases not approved by the FCC and to ensure 
that unauthorized parties can not modify the TVBD or configure its 
control features to operate inconsistent with the rules and protection 
criteria set forth in this subpart.
    (b) Antenna requirements. (1) All transmit and receive antenna(s) 
of personal/portable devices shall be permanently attached.
    (2) The transmit antenna used with fixed devices may not be more 
than 30 meters above the ground. In addition, fixed devices may not be 
located at sites where the height above average terrain (HAAT) at 
ground level is more than 76 meters. The ground level HAAT is to be 
calculated by the TV bands database that the device contacts for 
available channels using computational software employing the 
methodology in Sec.  73.684(d) of this chapter.
    (3) For personal/portable TVBDs operating under Sec.  15.717, the 
provisions of Sec.  15.204(c)(4) do not apply to an antenna used for 
transmission and reception/spectrum sensing.
    (4) For personal/portable TVBDs operating under Sec.  15.717 that 
incorporate a separate sensing antenna, compliance testing shall be 
performed using the lowest gain antenna for each type of antenna to be 
certified.
    (c) Emission limits for TVBDs. (1) In the television channels 
immediately adjacent to the channel in which a TVBD is operating, 
emissions from the TVBD shall be at least 72.8 dB below the highest 
average power in the TV channel in which the device is operating.
    (2) Emission measurements in the channel of operation shall be 
performed over a reference bandwidth of 6 megahertz with an average 
detector. Emission measurements in the adjacent channels shall be 
performed using a minimum resolution bandwidth of 100 kHz with an 
average detector. A narrower resolution bandwidth may be employed near 
the band edge, when necessary, provided the measured energy is 
integrated to show the total power over 100 kHz.
    (3) At frequencies beyond the television channels immediately 
adjacent to the channel in which the TVBD is operating, the radiated 
emissions from TVBDs shall meet the requirements of Sec.  15.209.
* * * * *

0
10. Section 15.711 is amended by revising the section heading, adding 
introductory text, and revising paragraphs (a) through (f) to read as 
follows:


Sec.  15.711  Interference avoidance methods.

    Except as provided in Sec.  15.717, television channel availability 
for a TVBD is determined based on the geo-location and database access 
method described in paragraphs (a) and (b) of this section.
    (a) Geo-location and database access. A TVBD shall rely on the geo-
location and database access mechanism to identify available television 
channels consistent with the interference protection requirements of 
Sec.  15.712. Such protection will be provided for the following 
authorized and unlicensed services: digital television stations, 
digital and analog Class A, low power, translator and booster stations; 
translator receive operations; fixed broadcast auxiliary service links; 
private land mobile service/commercial radio service (PLMRS/CMRS) 
operations; offshore radiotelephone service; low power auxiliary 
services authorized pursuant to Sec. Sec.  74.801 through 74.882 of 
this chapter, including wireless microphones and MVPD receive sites; 
and unlicensed wireless microphones used by venues of large events and 
productions/shows as provided under Sec.  15.713(h)(8). In addition, 
protection shall be provided in border areas near Canada and Mexico in 
accordance with Sec.  15.712(g).
    (b) Geo-location and database access requirements. (1) The 
geographic coordinates of a fixed TVBD shall be determined to an 
accuracy of <plus-minus> 50 meters by either an incorporated geo-
location capability or a professional installer. In the case of 
professional installation, the party who registers the fixed TVBD in 
the database will be responsible for assuring the accuracy of the 
entered coordinates. The geographic coordinates of a fixed TVBD shall 
be determined at the time of installation and first activation from a 
power-off condition, and this information may be stored internally in 
the TVBD. If the fixed TVBD is moved to another location or if its 
stored coordinates become altered, the operator shall re-establish the 
device's:
    (i) Geographic location and store this information in the TVBD 
either by means of the device's incorporated geo-location capability or 
through the services of a professional installer; and
    (ii) Registration with the database based on the device's new 
coordinates.
    (2) A Mode II personal/portable device shall incorporate a geo-
location capability to determine its geographic coordinates to an 
accuracy of <plus-minus> 50 meters. A Mode II device must also re-
establish its position each time it is activated from a power-off 
condition and use its geo-location capability to check its location 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.
    (3)(i) Fixed devices must access a TV bands database over the 
Internet to determine the TV channels that are available at their 
geographic coordinates, taking into consideration the fixed device's 
antenna height, prior to their initial service transmission at a given 
location. Operation is permitted only on channels that are indicated in 
the database as being available for such TVBDs. Fixed TVBDs shall 
access the database at least once a day to verify that the operating 
channels continue to remain available. Operation on a channel must 
cease immediately if the database indicates that the channel is no 
longer available. Fixed TVBD must adjust their use of channels in 
accordance with channel availability schedule information provided by 
their database for the 48-hour period beginning at the time of the 
device last accessed the database for a list of available channels.
    (ii) Mode II personal/portable devices must access a TV bands 
database over the Internet to determine the TV channels that are 
available at their geographic coordinates prior to their initial 
service transmission at a given location. Operation is permitted only 
on channels that are indicated in the database as being available for 
personal/portable TVBDs. A Mode II personal/portable device must access 
the database for a list of available channels each time it is activated 
from a power-off condition and re-check its location and the database 
for available channels if it changes location during operation by more 
than 100 meters from the

[[Page 75838]]

location at which it last accessed the database. A Mode II personal/
portable device that has been in a powered state shall re-check its 
location and access the database daily to verify that the operating 
channel(s) continue to be available. Mode II personal/portable devices 
must adjust their use of channels in accordance with channel 
availability schedule information provided by their database for the 
48-hour period beginning at the time of the device last accessed the 
database for a list of available channels. A Mode II personal/portable 
device may load channel availability information for multiple locations 
around, i.e., in the vicinity of, its current location and use that 
information in its operation. A Mode II TVBD may use such available 
channel information to define a geographic area within which it can 
operate on the same available channels at all locations, for example a 
Mode II TVBD could calculate a bounded area in which a channel or 
channels are available at all locations within the area and operate on 
a mobile basis within that area. A Mode II TVBD using such channel 
availability information for multiple locations must contact the 
database again if/when it moves beyond the boundary of the area where 
the channel availability data is valid, and must access the database 
daily even if it has not moved beyond that range to verify that the 
operating channel(s) continue to be available. Operation must cease 
immediately if the database indicates that the channel is no longer 
available.
    (iii) If a fixed or Mode II personal/portable TVBD fails to 
successfully contact the TV bands database during any given day, it may 
continue to operate until 11:59 p.m. of the following day at which time 
it must cease operations until it re-establishes contact with the TV 
bands database and re-verifies its list of available channels.
    (iv) A Mode I personal/portable TVBD may only transmit upon 
receiving a list of available channels from a fixed or Mode II TVBD 
that has contacted a database and verified that the FCC identifier (FCC 
ID) of the Mode I device is valid. The list of channels provided to the 
Mode I device must be the same as the list of channels that are 
available to the fixed or Mode II device, except that a Mode I device 
may operate only on channels that are permissible for its use under 
Sec.  15.707. A fixed device may also obtain from a database a separate 
list of available channels that includes adjacent channels that would 
be available to a Mode I personal/portable device and provide that list 
to the Mode I device. A fixed or Mode II device may provide a Mode I 
device with a list of available channels only after it contacts its 
database, provides the database the FCC Identifier (FCC ID) of the Mode 
I device requesting available channels, and receives verification that 
the FCC ID is valid for operation. To initiate contact with a fixed or 
Mode II device, a Mode I device may transmit on an available channel 
used by the fixed or Mode II TVBD or on a channel the fixed or Mode II 
TVBD indicates is available for use by a Mode I device on a signal 
seeking such contacts. At least once every 60 seconds, except when in 
sleep mode, i.e., a mode in which the device is inactive but is not 
powered-down, a Mode I device must either receive a contact 
verification signal from the Mode II or fixed device that provided its 
current list of available channels or contact a Mode II or fixed device 
to re-verify/re-establish channel availability. A Mode I device must 
cease operation immediately if it does not receive a contact 
verification signal or is not able to re-establish a list of available 
channels through contact with a fixed or Mode II device on this 
schedule. In addition, a Mode II device must re-check/reestablish 
contact with a fixed or Mode II device to obtain a list of available 
channels if they lose power. Collaterally, if a Mode II device loses 
power and obtains a new channel list, it must signal all Mode I devices 
it is serving to acquire new channel list.
    (v) Device manufacturers and database administrators may implement 
a system that pushes updated channel availability information from the 
database to TVBDs. However, the use of such systems is not mandatory, 
and the requirements for TVBDs to validate the operating channel at 
least daily and to cease operation in accordance with paragraph 
(b)(3)(iii) of this section continue to apply if such a system is used.
    (vi) TV bands devices shall incorporate adequate security measures 
to ensure that they are capable of communicating for purposes of 
obtaining lists of available channels only with databases operated by 
administrators authorized by the Commission, and to ensure that 
communications between TV bands devices and databases between TV bands 
devices are secure to prevent corruption or unauthorized interception 
of data. This requirement includes implementing security for 
communications between Mode I personal portable devices and fixed or 
Mode II devices for purposes of providing lists of available channels.
    (4) All geographic coordinates shall be referenced to the North 
American Datum of 1983 (NAD 83).
    (c) Display of available channels. A TVBD must incorporate the 
capability to display a list of identified available channels and its 
operating channels.
    (d) Identifying information. Fixed TVBDs shall transmit identifying 
information. The identification signal must conform to a standard 
established by a recognized industry standards setting organization. 
The identification signal shall carry sufficient information to 
identify the device and its geographic coordinates.
    (e) Fixed devices without a direct connection to the Internet. If a 
fixed TVBD does not have a direct connection to the Internet and has 
not yet been initialized and registered with the TV bands database 
consistent with Sec.  15.713, but can receive the transmissions of 
another fixed TVBD, the fixed TVBD needing initialization may transmit 
to that other fixed TVBD on either a channel that the other TVBD has 
transmitted on or on a channel which the other TVBD indicates is 
available for use to access the database to register its location and 
receive a list of channels that are available for it to use. 
Subsequently, the newly registered TVBD must only use the television 
channels that the database indicates are available for it to use. A 
fixed device may not obtain lists of available channels from another 
fixed device as provided by a TV bands database for such other device, 
i.e., a fixed device may not simply operate on the list of available 
channels provided by a TV bands database for another fixed device with 
which it communicates but must contact a database to obtain a list of 
available channels on which it may operate.
    (f) Security. (1) For purposes of obtaining a list of available 
channels and related matters, fixed and Mode II TVBDs shall only be 
capable of contacting databases operated by FCC designated 
administrators.
    (2) Communications between TV bands devices and TV bands databases 
are to be transmitted using secure methods that ensure against 
corruption or unauthorized modification of the data; this requirement 
applies to communications of channel availability and other spectrum 
access information between fixed and Mode II devices (it is not 
necessary for TVBDs to apply security coding to channel availability 
and channel access information where they are not the originating or 
terminating device and that they simply pass through).

[[Page 75839]]

    (3) Communications between a Mode I device and a fixed or Mode II 
device for purposes of obtaining a list of available channels shall 
employ secure methods that ensure against corruption or unauthorized 
modification of the data. When a Mode I device makes a request to a 
fixed or Mode II device for a list of available channels the receiving 
device shall check with the TV bands database that the Mode I device 
has a valid FCC Identifier before providing a list of available 
channels. Contact verification signals transmitted for Mode I devices 
are to be encoded with encryption to secure the identity of the 
transmitting device. Mode I devices using contact verification signals 
shall accept as valid for authorization only the signals of the device 
from which they obtained their list of available channels.
    (4) A TV bands database shall be protected from unauthorized data 
input or alteration of stored data. To provide this protection, the 
administrator of the TV bands database administrator shall establish 
communications authentication procedures that allow the fixed or Mode 
II devices to be assured that the data they receive is from an 
authorized source.
    (5) Applications for certification of TV bands devices are to 
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 and Mode II devices are to identify at least one 
of the TV bands databases operated by a designated TV bands 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.
* * * * *

0
11. Section 15.712 is amended by revising paragraphs (a)(1), (a)(2), 
(b), (d), (f), (g), paragraph (h) introductory text and (h)(3) to read 
as follows:


Sec.  15.712  Interference protection requirements.

    (a) * * *
    (1) Protected contour. TVBDs must protect digital and analog TV 
services within the contours shown in the following table. These 
contours are calculated using the methodology in Sec.  73.684 of this 
chapter and the R-6602 curves contained in Sec.  73.699 of this 
chapter.

----------------------------------------------------------------------------------------------------------------
                                                                         Protected contour
                                                  --------------------------------------------------------------
                 Type of station                                                         Contour     Propagation
                                                                Channel                   (dBu)         curve
----------------------------------------------------------------------------------------------------------------
Analog: Class A TV, LPTV, translator and booster.  Low VHF (2-6)....................            47      F(50,50)
                                                   High VHF (7-13)..................            56      F(50,50)
                                                   UHF (14-69)......................            64      F(50,50)
Digital: Full service TV, Class A TV, LPTV,        Low VHF (2-6)....................            28      F(50,90)
 translator and booster.
                                                   High VHF (7-13)..................            36      F(50,90)
                                                   UHF (14-51)......................            41      F(50,90)
----------------------------------------------------------------------------------------------------------------

     (2) Required separation distance. TVBDs must be located outside 
the contours indicated in paragraph (a)(1) of this section of co-
channel and adjacent channel stations by at least the minimum distances 
specified in the following table. Personal/portable TVBDs operating in 
Mode II must comply with the separation distances specified for an 
unlicensed device with an antenna height of less than 3 meters. 
Alternatively, Mode II personal/portable TVBDs may operate at closer 
separation distances, including inside the contour of adjacent channel 
stations, provided the power level is reduced to 40 mW or less as 
specified in Sec.  15.709(a)(2).

------------------------------------------------------------------------
                                           Required separation (km) from
                                            digital or analog TV (full
                                               service or low power)
   Antenna height of unlicensed device           protected contour
                                         -------------------------------
                                            Co-channel       Adjacent
                                               (km)        channel (km)
------------------------------------------------------------------------
Less than 3 meters......................             6.0            0.1
3--Less than 10 meters..................             8.0            0.1
10-30 meters............................            14.4            0.74
------------------------------------------------------------------------

     (b) TV translator, Low Power TV (including Class A) and Multi-
channel Video Programming Distributor (MVPD) receive sites. MVPD, TV 
translator station and low power TV (including Class A) station receive 
sites located outside the protected contour of the TV station(s) being 
received may be registered in the TV bands database if they are no 
farther than 80 km outside the nearest edge of the relevant contour(s). 
Only channels received over the air and used by the MVPD, TV translator 
station or low power/Class A TV station may be registered. TVBDs may 
not operate within an arc of <plus-minus>/-30 degrees from a line 
between a registered receive site and the contour of the TV station 
being received in the direction of the station's transmitter at a 
distance of up to 80 km from the edge of the protected contour of the 
received TV station for co-channel operation and up to 20 km from the 
registered receive site for adjacent channel operation, except that the 
protection distance shall not exceed the distance from the receive site 
to the protected contour. Outside of this <plus-minus>/-30 degree arc, 
TVBDs may not operate within 8 km from the receive site for co-channel 
operation and 2 km from the receive site for adjacent channel 
operation. 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.
* * * * *
    (d) PLMRS/CMRS operations: TVBDs may not operate at distances less 
than 134 km for co-channel operations and 131 km for adjacent channel 
operations from the coordinates of the metropolitan areas and on the 
channels listed in Sec.  90.303(a) of this chapter. For PLMRS/

[[Page 75840]]

CMRS operations authorized by waiver outside of the metropolitan areas 
listed in Sec.  90.303(a) of this chapter, co-channel and adjacent 
channel TVBDs may not operate closer than 54 km and 51 km, respectively 
from a base station.
* * * * *
    (f) Low power auxiliary services, including wireless microphones: 
(1) Fixed TVBDs are not permitted to operate within 1 km, and personal/
portable TVBDs will not be permitted to operate within 400 meters, 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.
    (2) TVBDs are not permitted to operate on the first channel on each 
side of TV channel 37 (608-614 MHz) that is not occupied by a licensed 
service.
    (g) Border areas near Canada and Mexico: Fixed and personal/
portable TVBDs shall comply with the required separation distances in 
Sec.  15.712(a)(2) from the protected contours of TV stations in Canada 
and Mexico. TVBDs are not required to comply with these separation 
distances from portions of the protected contours of Canadian or 
Mexican TV stations that fall within the United States.
    (h) Radio astronomy services: Operation of fixed and personal/
portable TVBDs is prohibited on all channels within 2.4 kilometers at 
the following locations.
* * * * *
    (3) The following facilities:

------------------------------------------------------------------------
                                   Longitude (deg/    Latitude (deg/min/
           Observatory                 min/sec)              sec)
------------------------------------------------------------------------
Allen Telescope Array...........  121 28 24 W......  40 49 04 N
Arecibo Observatory.............  066 45 11 W......  18 20 46 N
Green Bank Telescope (GBT)......  079 50 24 W......  38 25 59 N
                                 ---------------------------------------
Very Large Array (VLA)..........  Rectangle between latitudes 33 58 22 N
                                   and 34 14 56 N, and longitudes 107 24
                                   40 W and 107 48 22 W
                                 ---------------------------------------
Very Long Baseline Array (VLBA)
 Stations:
    Pie Town, AZ................  108 07 07 W......  34 18 04 N
    Kitt Peak, AZ...............  111 36 42 W......  31 57 22 N
    Los Alamos, NM..............  106 14 42 W......  35 46 30 N
    Ft. Davis, TX...............  103 56 39 W......  30 38 06 N
    N. Liberty, IA..............  091 34 26 W......  41 46 17 N
    Brewster, WA................  119 40 55 W......  48 07 53 N
    Owens Valley, CA............  118 16 34 W......  37 13 54 N
    St. Croix, VI...............  064 35 03 W......  17 45 31 N
    Hancock, NH.................  071 59 12 W......  42 56 01 N
    Mauna Kea, HI...............  155 27 29 W......  19 48 16 N
------------------------------------------------------------------------


0
11. Section 15.713 is amended by revising paragraphs (a)(1), (b)(2)(i), 
(c)(2), (d), (e), (f)(3), (h) introductory text, (h)(1), and (h)(6) 
through (h)(9), and adding new paragraph (j) to read as follows:


Sec.  15.713  TV bands database.

    (a) * * *
    (1) To determine and provide to a TVBD, upon request, the available 
TV channels at the TVBD's location. Available channels are determined 
based on the interference protection requirements in Sec.  15.712. A 
database must provide fixed and Mode II personal portable TVBDs with 
channel availability information that includes scheduled changes in 
channel availability over the course of the 48 hour period beginning at 
the time the TVBDs make a re-check contact. In making lists of 
available channels available to a TVBD, the TV bands database shall 
ensure that all communications and interactions between the TV bands 
database and the TVBD include adequate security measures such that 
unauthorized parties cannot access or alter the TV bands database or 
the list of available channels sent to TVBDs or otherwise affect the 
database system or TVBDs in performing their intended functions or in 
providing adequate interference protections to authorized services 
operating in the TV bands. In addition, a TV bands database must also 
verify that the FCC identifier (FCC ID) of a device seeking access to 
its services is valid; under this requirement the TV bands 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.
* * * * *
    (b) * * *
    (2) * * *
    (i) MVPD receive sites.
* * * * *
    (c) * * *
    (2) MVPD receive sites within the protected contour or more than 80 
kilometers from the nearest edge of the protected contour of a 
television station being received are not eligible to register that 
station's channel in the database.
    (d) Determination of available channels. The TV bands database will 
determine the available channels at a location using the interference 
protection requirements of Sec.  15.712, the location information 
supplied by a TVBD, and the data for protected stations/locations in 
the database.
    (e) TVBD initialization. (1) Fixed and Mode II TVBDs must provide 
their location and required identifying information to the TV bands 
database in accordance with the provisions of this subpart.
    (2) Fixed and Mode II TVBDs shall not transmit unless they receive, 
from the TV bands database, a list of available channels and may only 
transmit on the available channels on the list provided by the 
database.
    (3) Fixed TVBDs register and receive a list of available channels 
from the database by connecting to the iInternet, either directly or 
through another fixed TVBD that has a direct connection to the 
Internet.
    (4) Mode II TVBDs receive a list of available channels from the 
database by connecting to the Internet, either directly or through a 
fixed or Mode II TVBD that has a direct connection to the Internet.
    (5) A fixed or Mode II TVBD that provides a list of available 
channels to a Mode I device shall notify the database of the FCC 
identifier of such

[[Page 75841]]

Mode I device and receive verification that that FCC identifier is 
valid before providing the list of available channels to the Mode I 
device.
    (6) A fixed device located at a site where the ground level height 
above average terrain (HAAT) is greater than 76 meters shall not be 
provided a list of available channels. The ground level HAAT of sites 
occupied by fixed TVBDs is to be calculated using computational 
software employing the methodology in Sec.  73.684(d) of this chapter.
    (f) * * *
    (3) The TVBD registration database shall contain the following 
information for fixed TVBDs:
    (i) FCC identifier (FCC ID) of the device;
    (ii) Manufacturer's serial number of the device;
    (iii) Device's geographic coordinates (latitude and longitude (NAD 
83) accurate to <plus-minus>/- 50 m);
    (iv) Device's antenna height above ground level (meters);
    (v) Name of the individual or business that owns the device;
    (vi) Name of a contact person responsible for the device's 
operation;
    (vii) Address for the contact person;
    (viii) E-mail address for the contact person;
    (ix) Phone number for the contact person.
* * * * *
    (h) TV bands database information. The TV bands database shall 
contain the listed information for each of the following:
    (1) Digital television stations, digital and analog Class A, low 
power, translator and booster stations, including stations in Canada 
and Mexico that are within the border coordination areas as specified 
in Sec.  73.1650 of this chapter (a TV bands database is to include 
only TV station information from station license or license application 
records. In cases where a station has records for both a license 
application and a license, a TV bands database should include the 
information from the license application rather than the license. In 
cases where there are multiple license application records or license 
records for the same station, the database is to include the most 
recent records, and again with license applications taking precedence 
over licenses.):
    (i) Transmitter coordinates (latitude and longitude in NAD 83);
    (ii) Effective radiated power (ERP);
    (iii) Height above average terrain of the transmitting antenna 
(HAAT);
    (iv) Horizontal transmit antenna pattern (if the antenna is 
directional);
    (v) Amount of electrical and mechanical beam tilt (degrees 
depression below horizontal) and orientation of mechanical beam tilt 
(degrees azimuth clockwise from true north);
    (vi) Channel number; and
    (vii) Station call sign.
* * * * *
    (6) MVPD receive sites. Registration for receive sites is limited 
to channels that are received over-the-air and are used as part of the 
MVPD service.
    (i) Name and address of MVPD company;
    (ii) Location of the MVPD receive site (latitude and longitude in 
NAD 83, accurate to <plus-minus>/- 50 m);
    (iii) Channel number of each television channel received, subject 
to the following condition: channels for which the MVPD receive site is 
located within the protected contour of that channel's transmitting 
station are not eligible for registration in the database;
    (iv) Call sign of each television channel received and eligible for 
registration;
    (v) Location (latitude and longitude) of the transmitter of each 
television channel received;
    (7) Television translator, low power TV and Class A TV station 
receive sites. Registration for television translator, low power TV and 
Class A receive sites is limited to channels that are received over-
the-air and are used as part of the station's service.
    (i) Call sign of the TV translator station;
    (ii) Location of the TV translator receive site (latitude and 
longitude in NAD 83, accurate to <plus-minus>/- 50 m);
    (iii) Channel number of the re-transmitted television station, 
subject to the following condition: a channel for which the television 
translator receive site is located within the protected contour of that 
channel's transmitting station is not eligible for registration in the 
database;
    (iv) Call sign of the retransmitted television station; and
    (v) Location (latitude and longitude) of the transmitter of the 
retransmitted television station.
    (8) Licensed low power auxiliary stations, including wireless 
microphones and wireless assist video devices. Use of licensed low 
power auxiliary stations at well defined times and locations may be 
registered in the database. Multiple registrations that specify more 
than one point in the facility may be entered for very large sites. 
Registrations will be valid for no more than one year, after which they 
may be renewed. Registrations must include the following information:
    (i) Name of the individual or business responsible for the low 
power auxiliary device(s);
    (ii) An address for the contact person;
    (iii) An email address for the contact person (optional);
    (iv) A phone number for the contact person;
    (v) Coordinates where the device(s) are used (latitude and 
longitude in NAD 83, accurate to <plus-minus>/- 50 m);
    (vi) Channels used by the low power auxiliary devices operated at 
the site;
    (vii) Specific months, weeks, days of the week and times when the 
device(s) are used (on dates when microphones are not used the site 
will not be protected); and
    (viii) The stations call sign.
    (9) Unlicensed wireless microphones at venues of events and 
productions/shows that use large numbers of wireless microphones that 
cannot be accommodated in the two reserved channels and other channels 
that are not available for use by TVBDs at that location. Such sites of 
large events and productions/shows with significant wireless microphone 
use at well defined times and locations may be registered in the 
database. Entities responsible for eligible event venues registering 
their site with a TV bands data base are required to first make use of 
the two reserved channels and other channels that are not available for 
use by TVBDs at that location. As a benchmark, at least 6-8 wireless 
microphones should be operating in each channel used at such venues 
(both licensed and unlicensed wireless microphones used at the event 
may be counted to comply with this benchmark). Multiple registrations 
that specify more than one point in the facility may be entered for 
very large sites. Sites of eligible event venues using unlicensed 
wireless microphones must be registered with the Commission at least 30 
days in advance and the Commission will provide this information to the 
data base managers. Parties responsible for eligible event venues 
filing registration requests must certify that they are making use of 
all TV channels not available to TV bands devices and on which wireless 
microphones can practicably be used, including channels 7-51 (except 
channel 37). The Commission will make requests for registration of 
sites that use unlicensed wireless microphones public and will provide 
an opportunity for public comment or objections. Registrations will be 
valid for one year, after which they may be renewed. The Commission 
will take actions against parties that file inaccurate or incomplete 
information, such as denial of registration in the database, removal of

[[Page 75842]]

information from the database pursuant to paragraph (i) of this 
section, or other sanctions as appropriate to ensure compliance with 
the rules. Registrations must include the following information:
    (i) Name of the individual or business that owns the unlicensed 
wireless microphones;
    (ii) An address for the contact person;
    (iii) An e-mail address for the contact person (optional);
    (iv) A phone number for the contact person;
    (v) Coordinates where the device(s) are used (latitude and 
longitude in NAD 83, accurate to <plus-minus>/- 50 m);
    (vi) Channels used by the wireless microphones operated at the site 
and the number of wireless microphones used in each channel. As a 
benchmark, least 6-8 wireless microphones must be used in each channel. 
Registration requests that do not meet this criteria will not be 
registered in the TV bands data bases;
    (vii) Specific months, weeks, days of the week and times when the 
device(s) are used (on dates when microphones are not used the site 
will not be protected); and
    (viii) The name of the venue.
* * * * *
    (j) Security. The TV bands database shall employ protocols and 
procedures to ensure that all communications and interactions between 
the TV bands database and TVBDs are accurate and secure and that 
unauthorized parties cannot access or alter the database or the list of 
available channels sent to a TVBD.
    (1) Communications between TV bands devices and TV bands databases, 
and between different TV bands databases, shall be secure to prevent 
corruption or unauthorized interception of data. A TV bands database 
shall be protected from unauthorized data input or alteration of stored 
data.
    (2) A TV bands database shall verify that the FCC identification 
number supplied by a fixed or personal/portable TV bands device is for 
a certified device and may not provide service to an uncertified 
device.
    (3) A TV bands database must not provide lists of available 
channels to uncertified TV bands devices for purposes of operation (it 
is acceptable for a TV bands database to distribute lists of available 
channels by means other than contact with TVBDs to provide list of 
channels for operation). To implement this provision, a TV bands 
database administrator shall obtain a list of certified TVBDs from the 
FCC Equipment Authorization System.

0
12. Section 15.714 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.714  TV bands database administration fees.

    (a) A TV bands database administrator may charge a fee for 
provision of lists of available channels to fixed and personal/portable 
TVBDs and for registering fixed TVBDs.
* * * * *

0
13. Section 15.715 is amended by revising the introductory text, 
revising paragraphs (c), (d), and (e), redesignating paragraphs (f) 
through (k) as paragraphs (g) through (l), revising newly designated 
paragraphs (h) through (l), and adding new paragraph (f) to read as 
follows:


Sec.  15.715  TV bands database administrator.

    The Commission will designate one or more entities to administer 
the TV bands database(s). The Commission may, at its discretion, permit 
the functions of a TV bands database, such as a data repository, 
registration, and query services, to be divided among multiple 
entities; however, it will designate specific entities to be a database 
administrator responsible for coordination of the overall functioning 
of a database and providing services to TVBDs. Each database 
administrator designated by the Commission shall:
* * * * *
    (c) Establish a process for registering fixed TVBDs and registering 
and including in the database facilities entitled to protection but not 
contained in a Commission database, including MVPD and TV translator 
receive sites.
    (d) Establish a process for registering facilities where part 74 
low power auxiliary stations are used on a regular basis.
    (e) Provide accurate lists of available channels to fixed and 
personal/portable TVBDs that submit to it the information required 
under Sec. Sec.  15.713(e), (f), and (g) based on their geographic 
location and provide accurate lists of available channels to fixed and 
Mode II devices requesting lists of available channels for Mode I 
devices. Database administrators may allow prospective operators of TV 
bands devices to query the database and determine whether there are 
vacant channels at a particular location.
    (f) Establish protocols and procedures to ensure that all 
communications and interactions between the TV bands database and TVBDs 
are accurate and secure and that unauthorized parties cannot access or 
alter the database or the list of available channels sent to a TVBD 
consistent with the provisions of Sec.  15.713(i).
* * * * *
    (h) Provide service for a five-year term. This term can be renewed 
at the Commission's discretion.
    (i) Respond in a timely manner to verify, correct and/or remove, as 
appropriate, data in the event that the Commission or a party brings 
claim of inaccuracies in the database to its attention. This 
requirement applies only to information that the Commission requires to 
be stored in the database.
    (j) Transfer its database along with the IP addresses and URLs used 
to access the database and list of registered Fixed TVBDs, to another 
designated entity in the event it does not continue as the database 
administrator at the end of its term. It may charge a reasonable price 
for such conveyance.
    (k) The database must have functionality such that upon request 
from the Commission it can indicate that no channels are available when 
queried by a specific TVBD or model of TVBDs.
    (l) If more than one database is developed, the database 
administrators shall cooperate to develop a standardized process for 
providing on a daily basis or more often, as appropriate, the data 
collected for the facilities listed in Sec.  15.713(b)(2) to all other 
TV bands databases to ensure consistency in the records of protected 
facilities.

0
14. Section 15.717 is revised to read as follows:


Sec.  15.717  TVBDs that rely on spectrum sensing.

    (a) Applications for certification. Parties may submit applications 
for certification of TVBDs that rely solely on spectrum sensing to 
identify available channels. Devices authorized under this section must 
demonstrate with an extremely high degree of confidence that they will 
not cause harmful interference to incumbent radio services.
    (1) In addition to the procedures in subpart J of part 2 of this 
chapter, applicants shall comply with the following.
    (i) The application must include a full explanation of how the 
device will protect incumbent authorized services against interference.
    (ii) Applicants must submit a pre-production device, identical to 
the device expected to be marketed.
    (2) The Commission will follow the procedures below for processing 
applications pursuant to this section.
    (i) Applications will be placed on public notice for a minimum of 
30 days for comments and 15 days for reply comments. Applicants may 
request that portions of their application remain

[[Page 75843]]

confidential in accordance with Sec.  0.459 of this chapter. This 
public notice will include proposed test procedures and methodologies.
    (ii) The Commission will conduct laboratory and field tests of the 
pre-production device. This testing will be conducted to evaluate proof 
of performance of the device, including characterization of its sensing 
capability and its interference potential. The testing will be open to 
the public.
    (iii) Subsequent to the completion of testing, the Commission will 
issue by public notice, a test report including recommendations. The 
public notice will specify a minimum of 30 days for comments and, if 
any objections are received, an additional 15 days for reply comments.
    (b) Power limit for devices that rely on sensing. The TVBD shall 
meet the requirements for personal/portable devices in this subpart 
except that it will be limited to a maximum EIRP of 50 mW per 6 
megahertz of bandwidth on which the device operates and it does not 
have to comply with the requirements for geo-location and database 
access in Sec.  15.711(b). Compliance with the detection threshold for 
spectrum sensing in Sec.  15.717(c), although required, is not 
necessarily sufficient for demonstrating reliable interference 
avoidance. Once a device is certified, additional devices that are 
identical in electrical characteristics and antenna systems may be 
certified under the procedures of Part 2, Subpart J of this chapter.
    (c) Sensing requirements.
    (1) Detection threshold.
    (i) The required detection thresholds are:
    (A) ATSC digital TV signals: -114 dBm, averaged over a 6 MHz 
bandwidth;
    (B) NTSC analog TV signals: -114 dBm, averaged over a 100 kHz 
bandwidth;
    (C) Low power auxiliary, including wireless microphone, signals: -
107 dBm, averaged over a 200 kHz bandwidth.
    (ii) The detection thresholds are referenced to an omnidirectional 
receive antenna with a gain of 0 dBi. If a receive antenna with a 
minimum directional gain of less than 0 dBi is used, the detection 
threshold shall be reduced by the amount in dB that the minimum 
directional gain of the antenna is less than 0 dBi. Minimum directional 
gain shall be defined as the antenna gain in the direction and at the 
frequency that exhibits the least gain. Alternative approaches for the 
sensing antenna are permitted, e.g., electronically rotatable antennas, 
provided the applicant for equipment authorization can demonstrate that 
its sensing antenna provides at least the same performance as an 
omnidirectional antenna with 0 dBi gain.
    (2) Channel availability check time. A TVBD may start operating on 
a TV channel if no TV, wireless microphone or other low power auxiliary 
device signals above the detection threshold are detected within a 
minimum time interval of 30 seconds.
    (3) In-service monitoring. A TVBD must perform in-service 
monitoring of an operating channel at least once every 60 seconds. 
There is no minimum channel availability check time for in-service 
monitoring.
    (4) Channel move time. After a TV, wireless microphone or other low 
power auxiliary device signal is detected on a TVBD operating channel, 
all transmissions by the TVBD must cease within two seconds.

[FR Doc. 2010-30184 Filed 12-3-10; 8:45 am]
BILLING CODE 6712-01-P


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