Unlicensed Operation in the TV Broadcast Bands, 75814-75843 [2010-30184]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

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



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Part V





Federal Communications Commission





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47 CFR Parts 0 and 15



Unlicensed Operation in the TV Broadcast Bands; Final Rule

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

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 15

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


Unlicensed Operation in the TV Broadcast Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

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

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Policy and Rules 
Division, Office of Engineering and Technology, (202) 418-7506 or via 
e-mail 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 https://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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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
     [cir] Modifying the protection criteria for low power auxiliary 
stations such as wireless microphones to reduce the required separation 
between such devices and unlicensed personal/portable devices operating 
in Mode II.
     [cir] Modifying the definition of the receive sites entitled to 
protection outside of a television station's service area to include 
all multi-channel video programming distributors as defined by our 
rules.
     [cir] Reserving two vacant UHF channels for wireless microphones 
and other low power auxiliary service devices in all areas of the 
country.
     [cir] Allowing operators of event and production/show venues that 
use large numbers of wireless microphones on an unlicensed basis that 
cannot be accommodated in the two reserved channels and any others 
available at that location to register the sites of those venues on TV 
bands databases to receive the same geographic spacing protections 
afforded licensed wireless microphones.
     [cir] Restricting fixed TV bands devices from operating on 
locations where the ground level is more than 76 meters above the 
average terrain level in the area.
     TV Bands Devices
     [cir] Eliminating the requirement that TV bands devices that 
incorporate geo-location and database access must also listen (sense) 
to detect the signals of TV stations and low power auxiliary service 
stations (wireless microphones). As part of that change the Commission 
is also revising and amending the rules in several aspects to reflect 
use of that method as the only means for determining channel 
availability. While the Commission is eliminating the sensing 
requirement for TVBDs, it is encouraging continued development of this 
capability because it believes that it holds promise to further 
improvements in spectrum efficiency in the TV spectrum in the future 
and will be a vital tool for providing opportunistic access to other 
spectrum bands.
     [cir] Adopting power spectral density limits for unlicensed TV 
bands devices.
     [cir] Modifying the rules governing measurement of adjacent 
channel emissions.
     [cir] Restricting fixed TV bands devices from operating at 
locations where the height above average terrain of the ground level is 
greater than 76 meters.
     TV Bands Database
     [cir] Requiring that communications between TV bands devices and 
TV bands databases, and between multiple databases, are secure.
     [cir] Requiring that all information that is required by the 
Commission's rules to be in the TV bands databases be publicly 
available.
     Use of TV Channels
     [cir] Amending the rules to protect Canadian and Mexican stations 
in the border areas by including those stations in the TV bands 
database as protected services.
     [cir] Changing the protection zone for the radio astronomy 
facility near Socorro, New Mexico to a rectangular area.
     [cir] Declining to grant a request by FiberTower to set aside TV 
channels for fixed licensed backhaul use.
    5. The Commission also makes other minor changes and refinements to 
its rules for TV bands devices. With these changes and clarifications, 
the rules will better ensure that licensed services are protected from 
interference while retaining flexibility for unlicensed devices to 
share the TV bands with them.

Protection Criteria for Incumbent Services

TV Stations

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

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

Wireless Microphones and Other Low Power Auxiliary Stations

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

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

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Translators, Cable Headends and Multichannel Video Program Distributors

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

[[Page 75819]]

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

TV Bands Devices

Spectrum Sensing

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

[[Page 75820]]

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

[[Page 75821]]

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

Technical Requirements

Antenna Height

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

[[Page 75822]]

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

Power and Power Spectral Density Limits

    44. In the Second Report and Order, the Commission allowed fixed TV 
bands devices to operate with a peak transmitter output power of one 
watt with a maximum antenna gain of 6 dBi, and required that the 
transmitter power be reduced by the same amount in dB that the maximum 
antenna gain exceeds 6 dBi. This allows unlicensed TV bands fixed 
devices to operate with the equivalent of 4 watts EIRP. The Commission 
found that 4 watts EIRP is sufficient to allow fixed devices to 
communicate at ranges that will serve community and rural users while 
minimizing the potential for interference to broadcast television and 
other authorized services in the TV bands. Fixed TV bands devices were 
not permitted to operate adjacent to occupied TV channels, although the 
Commission decided to defer a final decision on this issue and to keep 
the record open pending the development of additional information 
demonstrating that a reliable method can be developed to allow adjacent 
channel operation while protecting authorized services.
    45. The Commission allowed personal/portable TV bands devices to 
operate with a peak transmitter output power of 100 mW with a maximum 
antenna gain of 0 dBi, and required that the transmitter power of such 
devices be reduced by the same amount in dB that the maximum antenna 
gain exceeds 0 dBi. This allows personal/portable TV bands devices to 
operate with an equivalent of 100 mW EIRP. In cases where a personal/
portable device is operating adjacent to an occupied TV channel, the 
maximum permitted EIRP is 40 mW. Personal/portable devices that rely on 
spectrum sensing without the use of geo-location and a TV bands device 
database may be authorized at a power level up to 50 mW EIRP. The 
Commission did not specify minimum bandwidth limits for transmissions 
by TV bands devices or power spectral density (PSD) limits in the 
Second Report and Order.
    46. Decision. The Commission is not convinced by the petitions for 
reconsideration that the power limits for unlicensed TV bands can be 
increased without also increasing the potential for interference to 
authorized services and is therefore affirming the power limits for 
fixed and personal/portable devices that it adopted in the Second 
Report and Order. In addition, the Commission does not find that the 
power level of TV bands devices should be restricted to protect against 
direct pick-up interference to cable and satellite TV services. The 
Commission does, however, recognize the need to address power 
considerations in TV bands device signals that occupy less than the 
full bandwidth of a TV channel and is therefore amending the rules to 
include power spectral density limits.
    47. The Commission declines to increase the 4 watt EIRP power limit 
for fixed devices and notes that it also considered and rejected a 
higher power limit for fixed devices in the Second Report and Order. 
While the Commission previously observed that there are advantages to 
higher power levels for fixed devices, such as reduced infrastructure 
costs and increased servic