51978 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 

health and welfare departments or 

agencies, Internal Revenue Service, and 

intra-agency memoranda. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Deputy Manager, Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2011–21246 Filed 8–18–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[ET Docket No. 04–186 and 02–380; DA 11– 

1291] 

Unlicensed Operation in the TV 

Broadcast Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document the Office of 

Engineering and Technology 

conditionally designates Microsoft 

Corporation as TV bands device 

database administrators. The TV bands 

databases will be used by fixed and 

personal portable unlicensed devices to 

identify unused channels in the 

spectrum used principally by the 

broadcast television service that are 

available at their geographic locations. 

Microsoft is the tenth entity designated 

to develop a database that will enable 

the introduction of this new class of 

unlicensed broadband wireless devices 

in the TV spectrum. 

FOR FURTHER INFORMATION CONTACT: 

Hugh L. Van Tuyl at (202) 418–7056 or 

Alan Stillwell at (202) 418–2925 or via 

the Internet at Hugh.VanTuyl@fcc.gov or 

Alan.Stillwell@fcc.gov, TTY (202) 418– 

2989. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 04–186 and 02–380, DA 11– 

1291, adopted July 28, 2011 and 

released July 29, 2011. The full text of 

this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

complete text of this document also may 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room CY– 

B402, Washington, DC 20554. The full 

text may also be downloaded at: 

http://www.fcc.gov. 

Summary of Order 

1. In this Order, the Office of 

Engineering and Technology designates 

Microsoft Corporation as a TV bands 

database administrator pursuant to 

§ 15.715 of its rules, subject to 

conditions described. The TV bands 

databases will be used by fixed and 

personal portable unlicensed devices to 

identify unused channels in the 

spectrum used principally by the 

broadcast television service that are 

available at their geographic locations. 

Microsoft is the tenth entity designated 

to develop a database that will enable 

the introduction of this new class of 

unlicensed broadband wireless devices 

in the TV spectrum. 

2. On September 23, 2010, the 

Commission adopted a Second 

Memorandum Opinion and Order 

(Second MO&O) in ET Docket No. 04– 

186, 75 FR 75814, December 6, 2010, 

that updated the rules for unlicensed 

wireless devices that can operate in 

broadcast television spectrum at 

locations where that spectrum is unused 

by licensed services. This unused TV 

spectrum is commonly referred to as 

television ‘‘white spaces.’’ The rules 

allow for the use of unlicensed TV 

bands devices in the unused spectrum 

to provide broadband data and other 

services for consumers and businesses. 

3. To prevent interference to 

authorized users of the TV bands, TV 

bands devices must include a geolocation capability and the capability to 

access a database that identifies 

incumbent users entitled to interference 

protection, including, for example, full 

power and low power TV stations, 

broadcast auxiliary point-to-point 

facilities, PLMRS/CMRS operations on 

channels 14–20, and the Offshore 

Radiotelephone Service. The database 

will calculate and communicate to a TV 

bands device which TV channels are 

vacant and can be used at the device’s 

location. The database will also register 

the locations of fixed TV bands devices 

and protected locations and channels of 

certain incumbent services that are not 

recorded in Commission databases. The 

rules state that the Commission will 

designate one or more entities to 

administer a TV bands database. 

4. The Office of Engineering and 

Technology (OET) released a public 

notice on November 25, 2009, inviting 

entities interested in being designated as 

a TV bands database administrator to 

file proposals with the Commission and 

inviting comments on the proposals. 

The notice requested that entities 

address how the basic components of a 

TV band database as required by the 

Commission’s rules would be satisfied— 

i.e., a data repository, a data registration 

process, and a query process—and 

whether the entity sought to provide all 

or only some of these functions. Entities 

were also required to affirm that the 

database service would comply with all 

of the applicable rules. Nine parties 

filed proposals in response to this 

public notice. 

5. On January 26, 2011, OET issued an 

Order designating all nine parties that 

filed proposals as TV bands database 

administrators, subject to certain 

conditions. Specifically, the 

administrators were required to: (1) 

Supplement their initial filings to show 

how they will comply with the rule 

changes adopted in the Second MO&O; 

(2) attend workshops conducted by OET 

to address the operation of the databases 

to ensure consistency and compliance 

with the rules; (3) cooperate with any 

steps OET deems necessary to ensure 

compliance with the rules; and (4) agree 

that they will not use their capacity as 

a database manager to engage in any 

discriminatory or anti-competitive 

practices or any practices that may 

compromise the privacy of users. In 

addition, each administrator’s database 

will be subject to a trial period of not 

less than 45 days before it is allowed to 

be made available for actual use by TV 

bands devices to allow interested parties 

an opportunity to check that the 

database is providing accurate results. 

OET conducted three workshops after 

the release of the January 26, 2011 

order. 

6. On April 18, 2011, Microsoft 

Corporation filed a proposal with OET 

seeking designation as a TV bands 

database administrator. Microsoft’s 

proposal addressed the questions in the 

November 25, 2009, public notice that 

invited proposals from parties seeking 

to be designated as database 

administrators. In addition, Microsoft 

provided information to show that it 

will comply with the rule changes 

adopted in the Second MO&O and 

stated that it will comply with the other 

three conditions in the January 26, 2011, 

order that conditionally designated the 

nine database administrators. Microsoft 

representatives attended all three of 

OET’s database administrator 

workshops. On April 29, 2011, OET 

issued a public notice seeking comment 

on Microsoft’s proposal. Two parties 

filed comments, and Microsoft filed 

reply comments. 

Discussion 

7. Based upon our review of its 

proposal and the record before us, OET 

is designating Microsoft Corporation as 

a TV bands database administrator, 

subject to the conditions described. OET 

finds that Microsoft has shown that it 

has the technical expertise to develop 

and operate a TV bands database. 

Moreover, none of the concerns raised 


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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 51979 

by any of the commenters in the record 

before us causes us to conclude that 

Microsoft is not capable of meeting all 

the requirements placed on database 

administrators by the Commission’s 

rules in the Second Report and Order 

and as modified in the Second MO&O 

or that it should otherwise not be 

designated as a database administrator. 

8. OET is not persuaded that the 

factors cited by the Engineers for the 

Integrity of Broadcast Auxiliary Services 

Spectrum (EIBASS) demonstrate that 

Microsoft is not qualified to administer 

a TV bands database. With regard to the 

issue of the timeliness of Microsoft’s 

proposal, the rules do not prohibit 

additional parties from requesting 

designation as a TV bands database 

administrator after other parties have 

already been designated. In fact, the 

rules were designed with the 

expectation that there could be changes 

in database administrators over time, 

e.g., administrators are designated for a 

five-year term, subject to renewal at the 

Commission’s discretion, and an 

administrator that ceases operation must 

transfer its database to another 

designated entity that takes its place. 

The original filing deadline was 

established by OET to allow orderly 

processing of the initial prospective 

database administrators as a group. 

However, this deadline was not 

intended to preclude other parties from 

requesting designation as a database 

administrator at a later date. 

9. With regard to the issue of the 

protection of authorized services, the 

Commission’s November 25, 2009 

public notice did not request that 

prospective database administrators 

submit a complete list of every licensed 

service that is eligible for protection 

from TV bands devices. The 

Commission’s rules and procedures for 

database testing and approval will 

ensure that all TV bands databases 

protect all eligible facilities. We note 

that Microsoft’s proposal and response 

states that it will obtain information 

about protected services from several 

different sources, including the 

Commission’s databases, which 

contains information on the services 

that EIBASS referenced in its comments. 

10. The Commission authorized the 

channel range for the Microsoft STA 

that EIBASS contends is overly large 

and contains operating TV stations. The 

Commission specified the large channel 

range requested by Microsoft to simplify 

processing of the STA. Rather than 

determining in advance which channels 

within that range were vacant at the 

STA’s location, the Commission made 

operation subject to the condition that 

Microsoft coordinate with the Society of 

Broadcast Engineers (SBE) to ensure that 

operation would occur only on vacant 

TV channels. The Commission has 

taken this same approach with other 

experimental authorizations for 

operations in the TV bands. While 

EIBASS is correct that the Microsoft 

STA does not name the precise location 

of operation within Las Vegas, one can 

easily determine that the geographic 

coordinates specified in the STA 

correspond to the Las Vegas Convention 

Center. As for EIBASS’s contention that 

Microsoft initially failed to contact SBE, 

the parties do not dispute the fact that 

coordination did occur before Microsoft 

began operations. Microsoft states that it 

did coordinate with SBE and EIBASS 

prior to operating, and EIBASS states 

that the Las Vegas area frequency 

coordinator was made aware of the STA 

prior to operation. Furthermore, the 

Commission received no complaints of 

interference resulting from Microsoft’s 

operation under this STA. We find no 

basis here to reject Microsoft as a TV 

bands database administrator. 

11. Cohen, Dippell and Everist, P.C. 

(‘‘CDE’’) filed brief comments on the 

Microsoft proposal. CDE recommends 

that the database be updated at 12-hour 

intervals, seven days a week to provide 

the most accurate and timely 

information to white spaces users. 

However, making this change 

mandatory for database administrators 

would require modifications to our 

rules, which currently require 

synchronization of TV bands databases 

with the Commission databases once a 

week and synchronization between TV 

bands databases once every 24 hours. 

Such rule changes are outside the scope 

of this Order. 

12. OET is designating Microsoft as a 

TV bands database administrator subject 

to the same conditions it required of the 

nine previously designated 

administrators. Microsoft has already 

satisfied several of these conditions. 

Specifically, it included in its request to 

be designated as a database 

administrator information to show that 

it complies with the rule changes 

adopted in the Second MO&O and 

stated that it would not use its capacity 

as a database manager to engage in any 

discriminatory or anti-competitive 

practices or practices that may 

compromise the privacy of users. 

Microsoft also participated in all three 

database administrator workshops held 

by OET thus far. Microsoft will also be 

required to take part in any future 

workshops that may be held by OET 

that address database implementation 

details and provide guidance on the 

requirements to the database 

administrators. In addition, Microsoft 

must cooperate with any steps OET 

deems necessary to ensure that the TV 

bands databases provide accurate and 

consistent lists of protected services and 

available channels. Further, it must 

support capabilities that OET deems 

necessary to ensure that any changes in 

registration of protected facilities in one 

database are rapidly reflected in all 

others. 

13. Consistent with our previous 

action designating database 

administrators, Microsoft’s database will 

be subject to a trial period of not less 

than 45 days before it is allowed to be 

made available for actual use by TV 

bands devices to allow interested parties 

an opportunity to check that the 

database is providing accurate results. A 

longer trial period may be required if we 

determine that its database is not in 

compliance with the Commission’s 

rules. OET will determine the details of 

the trial, balancing the need to ensure 

that the database is working properly 

with the need to avoid an unnecessarily 

cumbersome and burdensome process. 

14. If Microsoft successfully satisfies 

all of the conditions herein, it will be 

allowed to make its database available 

for actual use for the five year term 

specified in our rules. In such case, OET 

will announce the public availability of 

the database, at which time the five year 

term for that database will commence. 

15. In summary, OET has considered 

Microsoft’s proposal and all the 

comments and replies filed in response 

to the April 29, 2011 Public Notice. We 

conclude that Microsoft is capable of 

meeting the Commission’s regulatory 

requirements for serving as a database 

administrator, as set forth in the 

Commission’s rules, including the rule 

revisions adopted in the Second MO&O. 

Accordingly, we are designating 

Microsoft Corporation as a TV bands 

database administrator subject to the 

conditions described. 

Ordering Clause 

16. 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, and 

§§ 0.31 and 0.241 of the Commission’s 

rules, 47 CFR 0.31, 0.241, Microsoft 

Corporation is designated as a TV bands 

database administrator as set forth in 

Section 15.715 of the Commission’s 

rules, 47 CFR 15.715, subject to the 

conditions specified. 

Federal Communications Commission 

Julius P. Knapp, 

Chief, Office of Engineering and Technology. 

[FR Doc. 2011–21258 Filed 8–18–11; 8:45 am] 

BILLING CODE 6712–01–P 


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