75814 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

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. 

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 §§ 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 email Hugh.VanTuyl@fcc.gov. 

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 

FCC@BCPIWEB.COM. 

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 

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

• Protection Criteria for Incumbent 

Services 

Æ 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. 

Æ 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. 

Æ Reserving two vacant UHF 

channels for wireless microphones and 

other low power auxiliary service 

devices in all areas of the country. 

Æ 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. 

Æ 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. 

• TV Bands Devices 

Æ Eliminating the requirement that 

TV bands devices that incorporate geolocation 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. 

Æ Adopting power spectral density 

limits for unlicensed TV bands devices. 

Æ Modifying the rules governing 

measurement of adjacent channel 

emissions. 

Æ Restricting fixed TV bands 

devices from operating at locations 

where the height above average terrain 

of the ground level is greater than 76 

meters. 

• TV Bands Database 

Æ Requiring that communications 

between TV bands devices and TV 

bands databases, and between multiple 

databases, are secure. 

Æ Requiring that all information 

that is required by the Commission’s 

rules to be in the TV bands databases be 

publicly available. 

• Use of TV Channels 

Æ 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. 

Æ Changing the protection zone for 

the radio astronomy facility near 

Socorro, New Mexico to a rectangular 

area. 

Æ 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 § 73.684 of the rules using 

the FCC curves in § 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 § 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-theair 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 

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75816 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

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 cochannel 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 § 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 nonlicensed 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. 

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

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75818 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

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 cochannel and adjacent to the channel(s) 

being received over an arc of ± 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 ± 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 overthe-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 retransmit 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 cochannel 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 ±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 

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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-ofmarket 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 inservice 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 geolocation 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 

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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 noninterference 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 § 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 

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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-ofperformance’’ 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 sensingonly 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 

§ 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 

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querying the database because the 

available channels for fixed devices 

cannot be determined without this 

information. The Commission is 

therefore modifying §§ 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 

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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 § 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 inband 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 

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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 overthe-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-theair 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 recheck 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 

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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 noncompliant 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 

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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 

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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 recheck 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 

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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 § 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 passon 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 

§ 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 

±/¥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 

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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 

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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 geolocation/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 

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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 nongovernmental 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. 

• Changes to definitions: 

Æ 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. 

Æ 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. 

Æ The Commission is incorporating 

the concepts of master and client in the 

definitions of fixed, Mode I and Mode 

II personal/portable devices. 

Æ 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. 

Æ The Commission is indicating in 

the definition of TV bands devices that 

they operate on an unlicensed basis. 

Æ 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. 

• Clarifications of the requirements 

for Mode I TV bands devices. 

Æ 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. 

Æ 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. 

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75832 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

1See 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). 

2NPRM, 19 FCC Rcd at 10018. 

3Further NPRM, 21 FCC Rcd at 12299. 

4See 5 U.S.C. 604. 

5We 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). 6See Rudman/Ericksen petition at 7. 

Æ 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

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. 

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. 

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 

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Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 75833 

7See 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). 

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. 

12U.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. 

14U.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. 

16U.S. Census Bureau, 2007 NAICS Definitions, 

‘‘517210 Wireless Telecommunications Categories 

(Except Satellite)’’; http://www.census.gov/naics/

2007/def/ND517210.HTM#N517210. 

17U.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). 

19U.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.’’ 

21U.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.’’ 

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

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

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. 

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 nowsuperseded 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. 

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 

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75834 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

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

24See 5 U.S.C. 801(a)(1)(A). 

25See 5 U.S.C. 604(b). 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 23

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 geolocation 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

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 

§§ 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 

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

■ 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 

■ 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. 

■ 2. Section 0.241 is amended by 

redesignating paragraph (h) as 

paragraph (i) and adding new paragraph 

(h) to read as follows: 

§ 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 § 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 

§ 74.802 of this chapter are used. 

* * * * * 

■ 3. Section 0.331 is amended by 

revising the introductory text and 

adding new paragraph (e) to read as 

follows: 

§ 0.331 Authority delegated. 

The Chief, Wireless 

Telecommunications Bureau, is hereby 

delegated authority to perform all 

functions of the Bureau, described in 

§ 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 

§ 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 

§ 74.802 of this chapter are used. 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 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. 

■ 5. Section 15.701 is revised to read as 

follows: 

§ 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). 

■ 6. Section 15.703 is revised to read as 

follows: 

§ 15.703 Definitions. 

(a) Available channel. A sixmegahertz television channel, as 

specified in § 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 § 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, 

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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. 

■ 7. Section 15.706 is amended by 

revising paragraph (a) to read as follows: 

§ 15.706 Information to the user. 

(a) In addition to the labeling 

requirements contained in § 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. 

* * * * * 

■ 8. Section 15.707 is revised to read as 

follows: 

§ 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 §§ 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 §§ 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 

§§ 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 

§ 15.711(b)(3)(iv). 

■ 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: 

§ 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 § 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 § 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 

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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 

§ 73.684(d) of this chapter. 

(3) For personal/portable TVBDs 

operating under § 15.717, the provisions 

of § 15.204(c)(4) do not apply to an 

antenna used for transmission and 

reception/spectrum sensing. 

(4) For personal/portable TVBDs 

operating under § 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 § 15.209. 

* * * * * 

■ 10. Section 15.711 is amended by 

revising the section heading, adding 

introductory text, and revising 

paragraphs (a) through (f) to read as 

follows: 

§ 15.711 Interference avoidance methods. 

Except as provided in § 15.717, 

television channel availability for a 

TVBD is determined based on the geolocation 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 § 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 §§ 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 

§ 15.713(h)(8). In addition, protection 

shall be provided in border areas near 

Canada and Mexico in accordance with 

§ 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 ± 50 

meters by either an incorporated geolocation 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 reestablish the device’s: 

(i) Geographic location and store this 

information in the TVBD either by 

means of the device’s incorporated geolocation 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 ± 50 

meters. A Mode II device must also reestablish 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 poweroff 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 

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75838 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

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 reverifies 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 § 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 reverify/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 recheck/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 § 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). 

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(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. 

* * * * * 

■ 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: 

§ 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 

§ 73.684 of this chapter and the R–6602 

curves contained in § 73.699 of this 

chapter. 

Type of station 

Protected contour 

Channel Contour 

(dBu) 

Propagation 

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, translator and booster ............ Low VHF (2–6) ................................. 28 F(50,90) 

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 § 15.709(a)(2). 

Antenna height of unlicensed device 

Required separation (km) from 

digital or analog TV (full service 

or low power) protected contour 

Co-channel 

(km) 

Adjacent 

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 ±/¥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 

±/¥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 

§ 90.303(a) of this chapter. For PLMRS/ 

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75840 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

CMRS operations authorized by waiver 

outside of the metropolitan areas listed 

in § 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 § 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: 

Observatory Longitude 

(deg/min/sec) 

Latitude 

(deg/min/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 

■ 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: 

§ 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 § 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 § 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 

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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 

§ 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 ±/¥ 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 

§ 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 ±/¥ 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 ±/¥ 50 m); 

(iii) Channel number of the retransmitted 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 ±/¥ 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 

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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 ±/¥ 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. 

■ 12. Section 15.714 is amended by 

revising paragraph (a) to read as follows: 

§ 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. 

* * * * * 

■ 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: 

§ 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 §§ 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 

§ 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 § 15.713(b)(2) to all 

other TV bands databases to ensure 

consistency in the records of protected 

facilities. 

■ 14. Section 15.717 is revised to read 

as follows: 

§ 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 preproduction 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 

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confidential in accordance with § 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 preproduction 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 § 15.711(b). 

Compliance with the detection 

threshold for spectrum sensing in 

§ 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 inservice 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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