Unlicensed Use of TV Band and 600 MHz Band Spectrum, 69709-69746 [2014-26674]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Proposed Rules]
[Pages 69709-69746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26674]



[[Page 69709]]

Vol. 79

Friday,

No. 225

November 21, 2014

Part IV





Federal Communications Commission





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47 CFR Parts 15 and 74





Unlicensed Use of TV Band and 600 MHz Band Spectrum; Proposed Rule

Federal Register / Vol. 79 , No. 225 / Friday, November 21, 2014 / 
Proposed Rules

[[Page 69710]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 74

[ET Docket No. 14-165; FCC 14-144]


Unlicensed Use of TV Band and 600 MHz Band Spectrum

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes and seeks comments 
on rules for unlicensed operations in the frequency bands that are now 
and will continue to be allocated and assigned to broadcast television 
services after the incentive auction, including fixed and personal/
portable white space devices and unlicensed wireless microphones. The 
Commission also proposes and seeks comment on rules for the operation 
of unlicensed white space devices, and licensed and unlicensed wireless 
microphones in the 600 MHz Band, guard bands and duplex gap that will 
exist after the incentive auction.

DATES: Comments are due on or before January 5, 2015; reply comments 
are due on or before January 26, 2015.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl, Office of 
Engineering and Technology, (202) 418-7506, email: 
Hugh.VanTuyl@fcc.gov, TTY (202) 418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 14-165, 
by any of the following methods:
    [ssquf] Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] Mail: Hugh Van Tuyl, Office of Engineering and Technology, 
Room 7-A162, Federal Communications Commission, 445 12th SW., 
Washington, DC 20554.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM 
of Proposed Rule Making, ET Docket No. 14-165, FCC 14-144, adopted 
September 30, 2014, and released September 30, 2014. 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: www.fcc.gov.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     [ssquf] All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     [ssquf] U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible formats 
for people with disabilities (braille, large print, electronic files, 
audio format), send an email to fcc504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary of NPRM of Proposed Rulemaking

    1. The Notice of Proposed Rulemaking (NPRM) proposes and seeks 
comment on rules for fixed and personal/portable white space devices 
that would operate in: The frequency bands that are now and will 
continue to be allocated and assigned to broadcast television services 
(the ``TV bands''); the 600 MHz Band Plan spectrum that, following the 
Incentive Auction, will be designated as guard bands (including a 
duplex gap); the portion of that spectrum allocated and assigned to new 
part 27 licensees where wireless licensees have not commenced 
operations; and Channel 37. It also proposes rules for unlicensed 
wireless microphone operations under part 15 of the rules in the TV 
bands and 600 MHz Band Plan spectrum, and for licensed wireless 
microphone operations under part 74 of the rules in the 600 MHz Band 
Plan spectrum. In addition, the NPRM proposes changes to the white 
spaces databases and changes for certifying, manufacturing and 
marketing white space devices and wireless microphones in the frequency 
bands at issue in this proceeding. In particular, the NPRM proposes 
rules to expand the location and frequency information in these 
databases so that they can be used to identify available frequencies 
for white space devices, including unlicensed wireless microphones, in 
the repurposed 600 MHz band, guard bands, and Channel 37.
    2. The Commission's part 15 rules allow unlicensed devices to 
operate in the TV bands at locations where frequencies are not in use 
by licensed services. These devices, which are commonly referred to as 
TV white space (TVWS) devices, may be either fixed or personal/
portable. The TV bands currently consist of six-megahertz channels 
designated 2 to 51 in four bands of frequencies in the VHF and UHF 
regions of the radio spectrum. TVWS devices are not permitted to 
operate on channel 37, which is allocated for the Radio Astronomy 
Service (RAS) and Land Mobile Service (the latter being limited to 
Wireless Medical Telemetry Service (WMTS), or on any other channel 
within 2.4 kilometers of protected radio observatories. To prevent 
harmful interference to broadcast television stations and other 
authorized users of these bands, TVWS devices obtain a list of 
available TV channels that may be used at their location from databases

[[Page 69711]]

administered by private entities selected by the Commission.
    3. Certain entities may be issued licenses under subpart H of part 
74 of the rules to operate low power auxiliary stations, including 
wireless microphones, in the TV bands. Because the operators of part 74 
wireless microphones are licensed, they may register the times and 
locations of their operation in the TV bands databases to obtain 
interference protection from TVWS devices. The Commission also allows 
the operation of wireless microphones in the TV bands on an unlicensed 
basis under a waiver of the part 15 rules granted in the 2010. 
Operators of unlicensed wireless microphones are generally not 
permitted to register in the TV bands database, but parties operating 
large numbers of wireless microphones on an unlicensed basis at venues 
of events and productions/shows may register in the TV bands database 
if they meet certain criteria specified in the rules and obtain 
Commission approval.
    4. In the Incentive Auction R&O, 79 FR 48442 (August 15, 2014), the 
Commission adopted rules to repurpose broadcast television spectrum in 
the UHF bands for licensed wireless services. Under these rules, full 
power and Class A broadcast licensees may participate in a reverse 
auction that will allow them to voluntarily relinquish some or all of 
their spectrum usage rights in exchange for financial compensation. A 
broadcast licensee that participates in the auction will have the 
option to turn in its license, move to a channel in the VHF band, or 
cease using its channel and share a channel with another licensee. The 
Commission will reorganize or repack the remaining full power and Class 
A television stations to clear the UHF band from channel 51 down. When 
the transition is completed, the TV bands will occupy a shorter 
frequency range than they do today and fewer channels may be available 
for TVWS and wireless microphone uses at any given location.
    5. The Commission adopted a band plan for the repurposed 600 MHz 
spectrum (``600 MHz Band Plan'') in the Incentive Auction R&O that 
provides for a guard band between television spectrum and 600 MHz 
downlink services, a guard band between 600 MHz uplink and downlink 
services (a duplex gap), and guard bands between 600 MHz downlink 
services and channel 37. It decided to permit unlicensed devices, 
including unlicensed wireless microphones, to operate in the guard 
bands and duplex gap. The Commission also decided to permit unlicensed 
devices to operate on channel 37 and in spectrum reallocated and 
reassigned to new wireless services except in those areas where part 27 
600 MHz Band wireless licensees commence operations. It stated that it 
planned to develop technical rules for unlicensed operation and to 
consider changes to the rules for TVWS devices in a separate 
proceeding.

A. Fixed and Personal/Portable White Space Devices

1. TV Bands
a. Permissible Frequencies of Operation
    6. Channels for white space device and microphone use. Under the 
current rules, white space devices may not operate on the first two 
vacant TV channels above and below channel 37 to ensure that there is 
spectrum available for wireless microphones. In the Incentive Auction 
R&O, the Commission decided that it would no longer continue to 
designate up to two unused television channels in any area exclusively 
for wireless microphone operations. The Commission stated that in this 
proceeding we are initiating today, it would seek comment on ways it 
could update the rules for white spaces databases to provide for more 
immediate reservation of unused and available channels in the 
television bands to help ensure that licensed wireless microphone 
operators can obtain access to available television channels without 
receiving harmful interference from white space devices. It decided 
that it would continue to prohibit white space devices from operating 
on the first two vacant TV channels above and below channel 37 until 
such time as revised Commission rules are in effect to provide for more 
immediate interference protection. After that time, any available 
channels could be used by either wireless microphones or white space 
devices.
    7. The Commission proposes to eliminate the prohibition on white 
space device operation on the first two vacant TV channels above and 
below channel 37 and make them available for use by white space devices 
when the rules proposes in this NPRM become effective. Specifically, 
the Commission proposes to increase the frequency at which white space 
devices must re-check the database, and limit the time required for a 
wireless microphone registration made in one white spaces database to 
appear in all other white spaces databases. The effect of these two 
proposals will ensure that a white space device ceases operation on a 
channel used by a wireless microphone within 30 minutes after a new 
microphone registration is entered into the database. The Commission 
seeks comment on these proposals.
    8. In the Incentive Auction R&O, the Commission also stated that it 
expects there will be at least one channel not assigned to a television 
station in all areas of the United States at the end of the repacking 
process, and that it intends, after NPRM and an opportunity for public 
input, to designate one such channel in each area for shared use by 
white space devices and wireless microphones. The Commission plans to 
address the issue of a preserved white space channel in a separate 
proceeding. It is not proposing to make any changes to the white space 
rules with respect to a future preserved channel. Such a channel would 
simply appear in the white spaces database as vacant and would 
therefore be available for white space devices under the existing rules 
as well as any new or modified rules adopted in this proceeding.
    9. Operation of fixed devices on channels 3 and 4. The current 
prohibition on fixed white space device operation on channels 3 and 4 
may no longer be warranted. The Commission established this prohibition 
to protect TV interface devices and TV receivers from direct pickup 
interference on channels 3 and 4. The Commission did not have detailed 
data on the susceptibility of TV interface devices and TV receivers to 
direct pickup interference on channels 3 and 4, but decided to take a 
cautious approach due to the expected large number of TV interface 
devices with outputs on those channels. The number of these devices has 
declined significantly since 2008. The transition from analog to 
digital TV in 2009 spurred many consumers to replace their old analog 
TV receivers with digital receivers that have multiple inputs that 
allow the connection of external devices without requiring the use of a 
channel 3 or 4 input signal, including HDMI, component video and 
composite video inputs. Further, the price of new TV receivers has 
dropped significantly since that time, resulting in many more consumers 
replacing their old analog TV receivers. TV receivers also have been 
required to come equipped with digital TV tuners for a number of years, 
thus eliminating the need to use an external converter box to receive 
over-the-air signals. While we recognize that some consumers continue 
to use older analog TV sets with a converter box or other TV interface 
devices with a channel 3 or 4 output, we believe that number is 
significantly less than in 2008, and will continue to drop over time as 
older TV sets are replaced.
    10. The Commission therefore proposes to eliminate the prohibition 
on

[[Page 69712]]

the use of channels 3 and 4 by fixed white space devices. This proposed 
action would provide an additional 12 MHz of contiguous spectrum for 
use by white space devices in areas where those channels are not used 
for authorized services. Limiting the use of these channels to fixed 
white space devices will reduce the likelihood of direct pickup 
interference to TV interface devices and TV receivers that continue use 
these frequencies, since a fixed white space device is less likely to 
be used in close proximity to a TV receiver than a portable device. The 
Commission seeks comment on this proposal. Specifically, it seeks 
comment on the extent to which consumers still use TV interface devices 
that operate on channels 3 and 4, e.g., the estimated number and types 
of devices. The Commission also seeks comment on the susceptibility of 
TV interface devices and receivers to direct pickup interference on 
channels 3 and 4, particularly the signal levels at which such 
interference would occur as compared to the expected signal level from 
a nearby white space device. In addition, the Commission seeks comment 
on the extent to which white space device manufacturers would use TV 
channels 3 and 4 if they were available for fixed devices.
    11. Operation of personal/portable devices on channels 14-20 and 
below channel 14. Operation of personal/portable white space devices is 
currently prohibited below TV channel 21. The Commission established a 
prohibition on personal/portable device operation on channels 14-20 to 
prevent possible interference to public safety and other operations in 
the PLMRS/CMRS that use channels in that range in certain cities and in 
other areas under waivers. It decided to prohibit the use of personal/
portable devices on channels 14-20 nationwide since the devices could 
be easily transported anywhere.
    12. The repurposing of spectrum for part 27 services will reduce 
the number of channels available for white space use, and relaxing the 
restrictions on the channels available for personal/portable devices 
could offset that reduction. We believe that it is appropriate to 
revisit the Commission's previous decisions to prohibit personal/
portable device operation on channels 14-20 and below channel 14. Since 
the time the Commission made these decisions, it has designated 
multiple TV bands database administrators and has had extensive 
experience working with their databases. Based on that experience, the 
Commission has a high degree of confidence that the databases can 
reliably protect PLMRS/CMRS operations. The locations where the PLMRS/
CMRS is used, both in eleven cities and in other areas where it is 
authorized under waiver, are already in the TV bands database since 
that information is used to protect those operations from fixed white 
space operations. Personal/portable devices rely on database access to 
determine their list of available channels, so they can protect the 
PLMRS/CMRS in the same manner as fixed devices.
    13. Accordingly, the Commission proposes to remove the prohibition 
on personal/portable device operation on channels 14-20. This proposed 
action would make 42 megahertz of spectrum potentially available in 
locations where the spectrum is not used for the PLMRS/CMRS or other 
authorized services. The Commission seeks comment on the risk of 
interference to public safety and other PLRMS/CMRS based on the 
Commission's current technical rules for personal portable devices, 
e.g., power limits and database access. It also seeks comment on any 
changes to the rules that would be required to minimize the risk of 
harmful interference if we were to allow operations on channels 14-20.
    14. In addition, the Commission seeks comment on whether it should 
permit personal/portable devices to operate below channel 14. Allowing 
operation of personal/portable devices on channels 7-13 would make 
another 42 megahertz of spectrum potentially available for personal/
portable devices. On which channels should we permit operation? Would 
manufacturers be interested in developing personal/portable devices 
that operate below channel 14 given the longer radio wavelengths at 
these lower frequencies?
b. Technical Rule Changes
(i) Fixed Device Operation on Adjacent Channels
    15. Fixed white space devices, which can operate with a maximum 
power of four watts EIRP, are not permitted to operate on channels that 
are adjacent to occupied TV channels. They must always operate outside 
the defined service contours of adjacent channel TV stations by a 
minimum distance specified in the rules. Personal/portable devices, 
which can operate with a maximum power of 100 milliwatts EIRP, are 
generally required to operate outside the defined service contour of 
adjacent channel TV stations as well. However, personal/portable 
devices are permitted to operate within the service contour of adjacent 
channel TV stations if they reduce their power to 40 milliwatts EIRP. 
There is currently no corresponding provision in the rules that permits 
fixed devices to operate within the service contour of adjacent channel 
stations at reduced power. The requirement for fixed white space 
devices to avoid adjacent channel operation means that they may operate 
only at locations where there are three contiguous vacant TV channels, 
regardless of how low they reduce their operating power.
    16. After the incentive auction and TV spectrum repacking, there 
will be fewer vacant TV channels available for white space devices. 
Therefore, the Commission expects that there will be fewer locations 
where three contiguous vacant channels exist, particularly in urban 
areas, thus limiting the locations where fixed devices may be used. The 
Commission proposes two changes to the current rules to provide fixed 
devices access to more vacant TV channels.
    17. First, the Commission proposes to allow fixed devices to 
operate adjacent to occupied TV channels (i.e., within their service 
contour), provided the operating power is reduced to 40 milliwatts 
EIRP. This is the same maximum power level that we permit for personal/
portable devices that operate adjacent to occupied TV channels. This 
change would allow fixed devices to operate in locations where the 
spectrum is highly congested and available channels are not contiguous. 
The Commission also proposes to modify the table of separation 
distances in Sec.  15.712(a)(2) to include co-channel separation 
distances for 40 milliwatt fixed devices. The current table of 
separation distances between fixed white space devices and co-channel 
television service contours was developed assuming a four watt EIRP 
device, so the separation distances are greater than necessary to 
protect TV service from a 40 milliwatt white space device. The 
methodology we will use for determining these distances and the 
proposed distances are discussed in the following paragraphs.
    18. The Commission seeks comment on these proposals. In particular, 
it seeks comment on the appropriateness of making the rules for fixed 
and personal/portable white space devices consistent with respect to 
operation within an adjacent TV station's contour. The Commission also 
seeks comment on the usefulness of a 40 milliwatt power level for fixed 
devices and whether we could allow higher power levels without causing 
interference to adjacent TV stations. Parties that recommend higher 
power levels should submit technical justification (e.g., analysis or 
test data) to support their recommendations.

[[Page 69713]]

    19. Second, the Commission proposes to allow fixed devices to 
operate with a maximum power of four watts EIRP at locations where 
there are two contiguous vacant channels rather than three. When the 
Commission adopted the current requirement for three contiguous vacant 
channels, it stated that it would remain open to modifying this 
requirement if parties develop options that would permit operations on 
first adjacent channels that would not increase the potential for 
interference to television service and submit those for our 
consideration. This issue is revisited here because such operation will 
increase spectrum efficiency and the Commission believes, based on 
several studies, that operating in this manner will not increase the 
potential of interference to television reception. The Commission 
invites parties to submit information on such studies in response to 
this NPRM. The Commission further proposes that such operation would 
have to be within a six megahertz band centered on the boundary between 
the two vacant television channels, effectively reducing the frequency 
separation from six megahertz to three megahertz on each side of the 
white space channel. The Commission also proposes that the device would 
have to comply with all fixed white space requirements with respect to 
the six megahertz band in which it operates (e.g., maximum conducted 
power, power spectral density and out-of-band emissions.) These changes 
would allow fixed devices to operate at the maximum power currently 
permitted under the rules in locations where they cannot operate under 
the current rules.
    20. The Commission seeks comment on these proposals, particularly 
whether such operation would adequately protect television stations 
operating on adjacent channels. Commenters should indicate if they 
believe any rule changes are necessary to ensure protection of adjacent 
channel TV stations. For example, should we require slightly greater 
adjacent channel separation distances for fixed devices that operate 
with two vacant channels instead of three? If so, what are the 
appropriate distances?
(ii) Operation at Lower Power Levels
    21. As proposed, there would be three power levels at which white 
space devices could operate: 40 milliwatts, 100 milliwatts and 4000 
milliwatts EIRP. We note however, that the current table of separation 
distances in Sec.  15.712(a)(2) was based on an EIRP of 4000 milliwatts 
which results in greater distance than necessary to protect TV 
reception from devices operating at 40 milliwatts or 100 milliwatts. By 
allowing shorter separation distances for devices operating at less 
than 4000 milliwatts EIRP, we can expand the locations at which they 
can operate.
    22. In addition, we can provide even more flexibility for white 
space device users by defining intermediate power levels and 
corresponding separation distances. This will allow white space devices 
operating at less than the maximum permissible power to meet separation 
distances commensurate with their actual power and still protect over-
the-air TV reception and other authorized services from harmful 
interference. As a result, white space devices, which must include 
transmit power control, would be able to operate in more locations with 
limited spectrum availability than available today. In crafting our 
proposal, we observe that the power increase from 40 milliwatts to 100 
millwatts is 4 dB, and that the difference in power from 100 milliwatts 
to 4000 milliwatts is 16 dB. The Commission, therefore proposes a 
series of tables providing co- and adjacent channel separation 
distances from the TV contour based on intermediate power levels in 
uniform 4 dB steps for fixed devices. Specifically, it proposes to 
define separation distances for fixed devices at EIRP levels of 40 
milliwatts, 100 milliwatts, 250 milliwatts, 625 milliwatts and 1600 
milliwatts (i.e.,16 dBm, 20 dBm, 24 dBm, 28 dBm and 32 dBm, 
respectively) in addition to the current separation distances at 4000 
milliwatts (36 dBm). The proposed separation distances and methodology 
for determining them are discussed below. The Commission also proposes 
that a device be required to indicate to the white space database the 
power at which it will operate when it requests a list of available 
channels. The Commission further proposes that when a device operates 
between two defined power levels, it must comply with the separation 
distances for the higher power level.
    23. The current maximum fixed device power level of 4000 milliwatts 
EIRP is based on a maximum conducted power of one watt (1000 
milliwatts) into an antenna with a gain of 6 dBi (a factor of four). If 
the antenna gain exceeds 6 dBi, the maximum conducted power must be 
reduced by the amount in dB that the gain exceeds 6 dBi. We propose 
similar requirements for fixed devices that operate at power levels 
less than 4000 milliwatts EIRP. Specifically, the Commission proposes 
to define a maximum conducted power limit for each EIRP level, which 
would be 6 dB lower than the EIRP. In addition, because the power 
spectral density (PSD) limit for fixed devices is based on the maximum 
conducted power limit, the Commission proposes to define a PSD limit 
for each of the proposed conducted power levels. The Commission further 
proposes to calculate the PSD limit using the same methodology 
described in the White Spaces Third MO&O, 77 FR 29236 (May 17, 2012). 
That is, the Commission will assume that the power of a device will be 
confined to a 5.5 megahertz band to allow a 250 kilohertz roll-off at 
the upper and lower edges of a channel to meet the adjacent channel 
emission limits. Consistent with the current rules, the Commission also 
proposes to require that the maximum conducted power and PSD limits for 
each EIRP level be reduced by the amount in dB that the maximum antenna 
gain exceeds 6 dBi. In addition, the Commission proposes that if a 
fixed device operates between these defined EIRP levels, the conducted 
power and PSD limits must be interpolated between the defined values 
shown.
    24. The Commission seeks comment on the EIRP conducted power and 
PSD limits in proposals in paragraph 24 of the NPRM. In particular, it 
seeks comment on the usefulness of operation at the power levels 
proposed and whether there is a need to specify protection distances at 
additional power levels. The Commission also seeks comment on how the 
information on the power level and available channels should be 
communicated between the device and the database. For example, a fixed 
device could simply supply its geographic coordinates to the database, 
and the database could return a list of channels that indicates the 
maximum power at which the device could operate on each channel. 
Alternatively, the device could supply its locations and maximum power 
level and the database could return a list of available channels 
corresponding to operation at that location/power level combination. 
Are there other combinations of parameters for information exchange 
that would better suit such operation? What are the benefits and 
drawbacks of each alternative with respect to database operation and 
design and to equipment design? The Commission also seeks comment on 
the proposed PSD limits. Do these limits provide sufficient flexibility 
for device design and operation? Or would different limits be more 
appropriate? Commenters who advocate alternative limits and methodology 
should provide detailed technical analysis and justification to support 
their position.

[[Page 69714]]

(iii) White Space Devices in Rural Areas
    25. The Commission seeks comment on a number of possible changes 
that could give more flexibility to operators of white space devices 
that would allow them to increase coverage and provide improved service 
in rural areas. For purposes of these proposals only, we use the term 
``rural'' to refer to areas where there are numerous unused TV 
channels, which may be areas of low population density or areas that 
are merely under-served by broadcast services. In these cases, the 
potential for harmful interference from a white space device to a 
broadcasting station is significantly reduced. Specifically, the 
Commission seeks comment on whether to increase the limit on antenna 
height above ground for fixed devices in rural areas. The Commission 
also seeks comment on whether to allow higher power by fixed and 
personal/portable white space devices operating in rural areas. 
Finally, the Commission seeks comment on an appropriate definition of 
rural area for purposes of these proposals.
    26. Definition of rural area. The part 15 rules do not define what 
constitutes a rural area. The Commission proposes to identify rural 
areas for white space devices as those where at least half of the TV 
channels are unused for broadcast services and available for white 
space use. At higher power, would fixed devices need to be located at a 
greater distance from a broadcast station contour, or would the fixed 
devices need to avoid operating on first, second or third adjacent 
channels? How might these factors affect the number and location of 
unused channels in identifying a rural area? The Commission seeks 
comment on the appropriateness of such a criterion or whether a 
different definition would better meet the needs of service providers. 
Because white space devices rely on a database to determine their list 
of available channels, the database would need to determine whether a 
fixed white space device is located in a rural area to allow such 
operation. Although the Commission believes that the white space 
databases already have the information needed to identify a rural area 
under the proposed criterion (i.e., the identification of vacant TV 
channels at a given white space device location), the Commission seeks 
comment on what changes might be needed to implement this proposal, 
including the cost and programming complexity of such changes.
    27. Fixed device antenna height above ground. The range at which a 
white space device could cause interference to authorized services 
increases as the antenna height increases. To limit this interference 
potential, the Commission established maximum height limits of 30 
meters above ground level (AGL) and 250 meters HAAT for fixed white 
space device antennas. The Commission also established minimum required 
separation distances between white space devices and authorized 
services such as broadcast television that were determined based on the 
antenna height above ground and average terrain. The Commission adopted 
the 30-meter height above ground limit as a balance between increasing 
the white space device transmission range and the need to minimize the 
impact on licensed services. A higher antenna height above ground can 
improve signal propagation in suburban and urban areas by raising the 
antenna above obstacles such as trees and buildings. However, this 
increased signal propagation can also have a negative impact on 
spectrum sharing in congested areas where there are few available 
channels. The Commission stated that it could revisit the antenna 
height above ground limit in the future if experience with TV bands 
devices indicates they could operate at higher antenna heights without 
causing harmful interference.
    28. A higher antenna height above ground could be beneficial in 
rural areas since an antenna could be mounted on a tower or other 
structure at a sufficient height to clear intervening obstacles such as 
trees and hills that would attenuate the transmitted signal. Increasing 
the antenna height could increase the maximum distance at which a 
signal can be received. There will generally be a significant number of 
available white space channels in rural areas, so there will not be the 
same concerns in those locations as in more congested areas about 
multiple users competing for spectrum. Since there are fewer authorized 
users of the spectrum in rural areas, there is a lower likelihood that 
an increased antenna height above ground will cause harmful 
interference. Accordingly, the Commission seeks comment on whether it 
should allow fixed white space device antennas at a height above ground 
of more than 30 meters in rural areas. If so, what is the maximum 
height that we should allow? What interference or spectrum sharing 
concerns would be raised by a higher antenna height above ground? Would 
we need to increase the minimum required separation distances to co-
channel and adjacent channel television stations since the current 
distances assume a maximum antenna height above ground of 30 meters? If 
so, what are the appropriate separation distances? Similarly, should 
the Commission also consider increasing the HAAT limit for rural areas 
or keep that limit at 250 meters, but only allow a higher antenna 
height above ground level? What are the implications on interference 
distance from a higher HAAT limit along with a higher AGL limit?
    29. Power limit for fixed devices. In adopting the four watt EIRP 
limit for fixed white space devices, the Commission recognized that 
there would be advantages to allowing operation of white space devices 
at higher power levels, such as reduced infrastructure costs and 
increased service range. However, the Commission decided not to allow 
the operation of fixed white space devices at power levels above four 
watts EIRP due to concerns about the increased risk of interference in 
congested areas that could make sharing spectrum between white space 
device users difficult. The Commission also stated that because it did 
not have experience with unlicensed wireless broadband operations in 
the TV bands, it would take a cautious approach in setting power limits 
to minimize the risk of harmful interference to authorized users of the 
TV bands. The Commission indicated that it would explore in a future 
proceeding whether higher powered unlicensed operation might be 
accommodated in the TV white spaces in rural areas.
    30. The Commission seeks comment on whether it should allow fixed 
white space devices in rural areas to operate with up to ten watts 
EIRP, which could improve broadband service coverage in these areas. 
The Commission expects that equipment manufacturers can achieve this 
higher EIRP level by using higher gain antennas (10 dBi rather than 6 
dBi), with no increase in the one watt conducted power level currently 
permitted. The Commission believes that requiring a higher gain antenna 
to achieve the higher EIRP as opposed to a higher transmitter power is 
appropriate for several reasons. First, it will result in more 
efficient spectrum use because the power from a higher gain antenna 
will be concentrated in a narrower beamwidth, thus reducing the 
likelihood of interference to authorized services and to other white 
space device users. Also, the Commission believes that use of fixed 
devices at these higher power levels would be limited to point-to-point 
type operations as it is unlikely that lower power personal/portable 
devices would be able to communicate over the increased distances.

[[Page 69715]]

    31. The Commission seeks comment on the appropriateness of a ten 
watt power level and the degree to which it could help rural broadband 
operators improve or expand their service offerings to additional 
areas. What is the trade-off in terms of cost and system complexity of 
using a single high power fixed station as opposed to several lower 
power stations? The Commission also seeks comment on whether it should 
allow higher transmitter output power (i.e., greater than one watt) as 
an alternative to, or in addition to, higher gain antennas. In 
addition, if we were to adopt rules for higher power, should we provide 
for intermediate levels between 4 and 10 watts EIRP? If so, what are 
the appropriate levels? The Commission further seeks comment on the 
impact of these proposed changes on authorized services in the TV 
bands. It recognizes that allowing a higher power level for white space 
devices will require greater separation distances from co-channel and 
adjacent channel TV stations. Would the methodology described below for 
determining such separation distances be appropriate for higher power 
white space devices in rural areas? Would we need to increase the 
minimum separation distance from protected services such as licensed 
wireless microphones, registered receive sites, and the PLMRS in 
addition to full power and Class A television stations?
    32. Power limit for personal/portable devices. The Commission 
established a lower power limit for personal/portable devices (100 
milliwatts EIRP) than for fixed devices (4 watts EIRP). The Commission 
adopted this lower limit because it found that personal/portable 
devices generally pose a greater risk of harmful interference to 
authorized operations than fixed devices because portable devices will 
change locations, making identification of both unused TV frequencies 
and the devices themselves, if harmful interference occurs, more 
complex and difficult. It further stated that the significant distances 
at which harmful interference could occur from a personal/portable 
device operating at greater than 100 milliwatts would make it very 
difficult to identify a device that is the source of harmful 
interference.
    33. Higher power limits for personal/portable devices in rural 
areas could benefit the public by enabling applications that are 
limited or precluded by the current rules, such as mobile 
communications and vehicle tracking. We recognize the Commission's 
previous concerns with higher power limits for personal/portable 
devices. However, we believe that personal/portable devices may be able 
to operate at higher power levels in certain limited situations without 
a high risk of harmful interference to authorized services. 
Specifically, they may be able to operate at higher power in rural 
areas where there are a large number of TV channels available for white 
space use. In that situation, the risk of harmful interference to 
services operating in the TV bands is lower. Further, the rules contain 
detailed requirements for Mode II personal/portable devices that are 
designed to prevent harmful interference to authorized services. 
Specifically, they must: (1) Be capable of determining their position 
to within 50 meters; (2) re-check their position every 60 seconds; (3) 
access a database to determine the list of available channels at their 
location; and (4) re-check the database whenever they move at least 100 
meters from their last location.
    34. The Commission seeks comment on whether it should permit 
personal/portable devices to operate at higher power in rural areas. If 
so, what should be the maximum power at which they can operate? Should 
we limit higher power personal/portable devices to certain types of 
applications? If so, what applications? If we were to allow personal/
portable devices to operate at higher power, would we need to adopt any 
additional requirements to prevent harmful interference to authorized 
services? If so, what requirements? For example, should personal/
portable devices be required to comply with larger separation distances 
from authorized services than fixed devices operating at comparable 
power levels?
(iv) Channel Bonding and Out-of-Band Emission Limits
    35. White space devices must comply with a three part out-of-band 
emission limit. First, they must comply with a power limit (conducted 
for fixed devices and EIRP for portable devices) in the television 
channels immediately adjacent to the channel in which the device 
operates. Second, they must comply with the Sec.  15.209 radiated 
emission limits at frequencies beyond the television channels 
immediately adjacent to the channel in which the white space device is 
operating. Third, they must comply with stringent out-of-band emission 
limits on channels 36 through 38.
    36. The Commission notes that the current out-of-band emission 
rules were written with the assumption that a white space device would 
transmit on a single six megahertz TV channel and meet the appropriate 
out-of-band emission limits at all frequencies outside of this single 
channel. However, a white space device could be designed to use two or 
more channels simultaneously to increase its transmission bandwidth and 
maximum data rate. A device could use multiple non-contiguous channels, 
i.e. channel aggregation, or could use multiple contiguous channels, 
i.e. channel bonding. There is no prohibition in the rules on the use 
of multiple channels by a white space device. In fact, the rules 
already implicitly allow the use of multiple channels by a single 
device since they specify the maximum power limits per six megahertz of 
bandwidth, indicating that a device may use multiple six megahertz 
channels. However, because the rules do not consider cases where a 
white space device transmits on multiple channels simultaneously, we 
believe that the current out-of-band emission rules in Sec.  15.709(c) 
could be modified so that users could better make use of the 
efficiencies associated with channel aggregation and channel bonding. 
Channel aggregation and channel bonding will allow the development of 
devices that transmit at higher data rates, thus making higher speed 
equipment available to consumers.
    37. The Commission, therefore, proposes several rule changes with 
respect to channel bonding. The Commission proposes to modify Sec.  
15.709(c)(1) to specify that the adjacent channel emissions limits do 
not apply within an adjacent channel that is being used by the same 
white space device, since in such cases there would be no TV station or 
other authorized service to protect on the adjacent channel; that is, 
to operate on two adjacent channels, a device would need to receive a 
message from a white space database that both channels are available at 
its location. Instead, the Commission proposes to apply these limits 
within the six megahertz bands immediately above and below the edges of 
the band of contiguous channels used by the white space device. The 
Commission also proposes to require that a device must meet the Sec.  
15.209 limits at frequencies more than six megahertz above and below 
the edges of the highest and lowest channels used in the device. The 
Commission further proposes to apply these requirements to fixed 
devices that operate centered on the boundary of two channels as 
proposed above, since that is a form of channel bonding. The Commission 
seeks comment on these proposals. In particular, it seeks comment on 
whether the white space databases will need to make any adjustments to 
accommodate channel bonding as proposed. Would

[[Page 69716]]

programming changes be necessary or should the logic to bond channels 
reside solely within a device based on the list of available channels 
obtained from the white space database? How easily can existing devices 
accommodate these changes or would new devices need to be designed?
    38. With respect to channel aggregation, the Commission proposes to 
modify Sec.  15.709(c)(2) to indicate that when a white space device 
transmits on multiple non-contiguous channels simultaneously, it must 
comply with the adjacent channel emission limits in the six megahertz 
bands above and below each of the single channels or channel groups 
used by the white space device. In such cases, the white space device 
would have to comply with the Sec.  15.209 limits at frequencies 
outside of the channels used by the device and the six megahertz bands 
adjacent to the channels used by the device. The Commission seeks 
comment on this proposal.
    39. Adjacent channel emission levels. In addition to our proposals 
to modify the adjacent channel emission rules to allow for channel 
bonding and aggregation, we are proposing to add emission limits for 
fixed devices operating at the proposed new power levels that are less 
than four watts EIRP. The Commission further proposes to correct the 
method of specifying the emission limits for fixed devices using a high 
gain (greater than 6 dBi) antenna.
    40. In the White Spaces Third MO&O, the Commission decided to set 
the adjacent channel emission limit, measured in a 100 kHz bandwidth, 
as 72.8 dB below the maximum permitted power measured in a 6 MHz 
bandwidth. This results in an adjacent channel conducted emission limit 
of -42.8 dBm for the maximum permissible one watt (30 dBm) conducted 
power for fixed devices. Because the Commission is now proposing to 
define additional conducted power levels for fixed devices that are 
less than 30 dBm, we are proposing adjacent channel emission limits 
corresponding to these lower power levels. These proposed limits, shown 
in the table in paragraph 59 of the NPRM, are calculated using the 
methodology in the White Spaces Third MO&O. The Commission proposes 
that a device that operates between two defined power levels must 
comply with the limit for the higher power level.
    41. The Commission seeks comment on the appropriateness of these 
limits. It recognizes that we could simply adopt the -42.8 dBm level 
for all power levels, but by providing flexibility based on power, our 
rules will provide for lower power white space devices to operate 
closer to the TV contours than higher power devices.
    42. Similarly, the rules in Sec.  15.709(c)(1)(i) do not compensate 
for fixed devices with antenna gains greater than 6 dBi where the 
device must operate by reducing its maximum conducted power by the 
amount in dB that the antenna gain exceeds 6 dBi. In such situations, 
the adjacent channel emission limits also need to be reduced because 
they are calculated relative to the maximum conducted power (i.e., 72.8 
dB lower). The Commission therefore proposes to modify Sec.  
15.709(c)(1)(i) to require that the adjacent channel emission limits 
for fixed devices be reduced in the same manner as the in-band power, 
i.e., by the amount in dB that the antenna gain exceeds 6 dBi. This 
approach is consistent with the methodology used to determine 
compliance with the power spectral density limit for fixed devices. The 
Commission seeks comment on this proposal.
    43. In light of the proposals above, the Commission seeks comment 
on whether it should relax the current adjacent channel emission 
limits. Are these limits difficult to meet and does the necessary 
filtering increase the cost of equipment? Commenters advocating for 
less stringent adjacent channel emission limits are requested to 
provide proposals detailing different levels along with analysis 
showing the effect of TV reception, the potential interference to other 
authorized services in the band and any effect such changes would have 
on the required separation distance between white space devices and 
adjacent channel TV stations. For example, to compensate for less 
stringent out-of-band requirements we could increase the adjacent 
channel separation distances to TV station contours. What are the 
benefits of adopting such rules? And what would be the effect on the 
white space databases? Would devices need to transmit information 
regarding their out-of-band emission levels to the database to be used 
when calculating the list of available channels? Or could information 
regarding the capabilities of various devices reside in the database? 
How would such a scheme work? Another option would be to provide a 
range of adjacent channel emission limits with corresponding separation 
distances. The Commission seeks comment on this option and what 
benefits such flexibility would add. Or would the added complexity 
introduced to both devices and the database negates any potential 
benefits? Finally, the Commission seeks comment on the effect that less 
stringent adjacent channel emission limits would have on services and 
uses where there are no adjacent channel separation requirements, such 
as on wireless microphones or on TV stations adjacent to 40 milliwatt 
white space devices.
(v) Calculating the Separation Distances From a TV Station Contour
    44. The rules require that white space devices protect defined 
service contours of analog and digital full service and low power 
television stations. These contours are calculated using the 
methodology in Sec.  73.684 of the rules and the F(50,50) and F(50,90) 
curves contained in Sec.  73.699. Under the current rules, fixed white 
space devices must operate outside the contours of co-channel and 
adjacent channel TV stations at the distances specified in the table in 
Sec.  15.712(a)(2). This table provides co-channel and adjacent channel 
separation distances for nine ranges of fixed device HAAT, up to a 
maximum of 250 meters. Personal/portable devices that operate with an 
EIRP greater than 40 milliwatts, up to the maximum of 100 milliwatts, 
must comply with the co-channel and adjacent channel separation 
distances at the lowest HAAT in the table (i.e., less than 3 meters). 
Personal/portable devices operating at 40 milliwatts or less only need 
to comply with the co-channel separation distance at the lowest HAAT 
listed in the table.
    45. The Commission described the methodology it used to determine 
the table of separation distances in the White Spaces Third MO&O. 
Specifically, the Commission calculated the distances assuming a fixed 
white space device with an EIRP of four watts. It used a D/U signal 
ratio of 23 dB to protect co-channel TV reception, and -33 dB to 
protect adjacent channel TV reception. The Commission assumed that a TV 
receive antenna within a TV station's protected service contour would 
have a front to back ratio of 14 dB as specified in the DTV planning 
factors of OET Bulletin 69. Using these factors, it calculated the 
minimum required separation distances that a white space device must 
operate outside a TV stations' protected contour using the F(50,10) and 
F(50,50) curves over the range of antenna heights and distances at 
which these curves are defined. For HAAT values below 30 meters and for 
contour distances of less than 1.5 kilometers where the F(50,50) and 
F(50,10) curves are not defined, the Commission used the TM 91-1 
propagation model to calculate the required separation distances.

[[Page 69717]]

    46. The Commission is proposing to amend the table of separation 
distances in Sec.  15.712(a)(2) to reflect the proposals above that 
would allow fixed device operation at a range of power levels below 
four watts EIRP. Requiring shorter separation distances for fixed white 
space devices with power levels below four watts will permit them to 
operate in more locations than the current rules allow, i.e., closer to 
a television station service contour, since the current separation 
distances were based on the assumption that a fixed device always 
operates at the maximum power level. In addition, since the separation 
distances for personal/portable devices were also based on an EIRP of 
four watts, they are greater than necessary since personal/portable 
devices may operate with a maximum EIRP of 100 milliwatts, or 40 
milliwatts if they are on a channel adjacent to an occupied channel. 
Because we are calculating separation distances for fixed devices at 40 
milliwatts and 100 milliwatts EIRP, we propose to apply those 
separation distances, based on the lowest antenna HAAT, to personal/
portable devices. This proposal will increase the number of locations 
where personal/portable devices may operate.
    47. The Commission notes that the table of separation distances 
will increase in size due to the inclusion of additional power levels 
and therefore propose to split the table into two: one for co-channel 
and the other for adjacent channel separation distances. It also 
proposes to add an entry to show which separation distances apply to 
personal/portable devices, see table in paragraph 66 of the NPRM. The 
proposed co-channel separation distance table is as follows:
    48. The proposed adjacent channel separation distances are shown in 
paragraph 67 of the NPRM. There is no entry for 40 milliwatt (16 dBm) 
devices because fixed and personal/portable devices operating at this 
power level would not have to meet adjacent channel separation distance 
requirements. This proposed table would correct an error in the current 
rules for the separation distances at the four watt power level. The 
Commission determined that the current separation distances were 
inadvertently calculated without considering the 14 dB receive antenna 
front-to-back ratio that the Commission previously stated it would use 
in determining these distances. Therefore, they are larger than they 
would be if the receive antenna directivity were taken into account. 
All of the distances in the following table were calculated using the 
14 dB receive antenna front-to-back ratio.
    49. The Commission seeks comment on this proposal. In particular, 
it seeks comment on whether these separation distances will provide 
adequate protection to co-channel and adjacent channel TV stations at 
the power levels and antenna HAATs listed. Parties that suggest changes 
to these distances should provide a technical analysis explaining their 
rationale. The Commission also seeks comment on the validity of the 
calculated prediction distances at low power levels (e.g., 40 
milliwatts) and high HAAT. Is a 40 milliwatt white space device capable 
of causing interference to co-channel television stations at the 
calculated distances (over 12 kilometers at the maximum HAAT)? Do we 
need to consider the HAAT of low power white space devices?
    50. In addition, we note that some parties have informally advised 
the Commission that they believe the Commission's current table of 
separation distances is overly conservative in some cases, and 
therefore limits the amount of white space spectrum available for 
unlicensed devices. The Commission therefore seeks comment on whether 
it should make additional rule changes with respect to the following 
issues.
    51. Alternative propagation models for calculating interference. As 
discussed above, the Commission requires the use of the propagation 
curves in the rules for calculating the protected service contours of 
TV stations. Digital TV service contours are calculated using the 
F(50,90) curves, and analog TV service contours are calculated using 
the F(50,50) curves. Additionally, the table of separation distances 
between TV station service contours and white space devices was 
calculated using the F(50,10) and F(50,50) curves over the range where 
they are defined. Some parties have suggested that the Commission use 
other propagation models such as the Longley-Rice methodology or the 
Hata models to determine where white space devices could operate 
without causing interference to TV reception.
    52. In seeking comment on alternative propagation models, we note 
that we are not proposing any changes to the method of calculating the 
protected service contours of TV stations using the F(50,90) and 
F(50,50) propagation curves. This is the method specified in the part 
73 rules for calculating TV service contours, and we believe it is 
appropriate to require unlicensed white space devices to follow the 
same method for determining protected TV contours. In addition, the 
Commission do not believe the use of the Longley-Rice methodology would 
be appropriate for determining whether a white space device would cause 
interference to TV reception as it is computationally intensive and 
would significantly slow the determination of available TV channels by 
the white spaces databases.
    53. With regard to the calculation of distances in the separation 
table, the Commission used a combination of its own propagation curves 
and the TM 91-1 to calculate separation the distances. It recognizes 
that this may not be the only appropriate methodology for calculating 
separation distances. We therefore seek comment on whether the 
Commission should consider using other propagation models that could 
give a more accurate indication as to whether interference is likely 
occur to TV reception. For example, are the Hata models appropriate for 
making these calculations? Are there other models that could be used? 
Could the separation distances calculated using other models provide a 
high degree of confidence that interference to TV would not occur? How 
would the separation distances obtained with an alternative model 
differ from those calculated with the methodology previously used by 
the Commission? Would the differences in these distances increase the 
amount of available white space, and if so, by how much?
    54. Directional antenna use by white space devices. The Commission 
considered the directivity of TV receive antennas in developing the 
table of separation distances for white space devices and assumed a 14 
dB front-to-back ratio. Because a TV receive antenna located just 
inside the protected contour of a TV station would be pointed toward 
the TV station, it would therefore be pointed away from a white space 
device located just outside the contour. However, the Commission did 
not consider the directivity of a white space transmit antenna in 
developing the table of separation distances and assumed an 
omnidirectional transmit antenna with a transmit power of four watts 
EIRP. The Commission stated that it was desirable to minimize the 
complexity for compliance while providing assurance that TV stations 
would be adequately protected. Likewise, when the Commission modified 
the table of protection distances in the White Spaces Third MO&O to 
allow white space device operation at higher antenna HAAT, it did not 
consider the directivity of the white space device transmit antenna.
    55. The directional pattern of a fixed white space device transmit 
antenna could affect the identification of available channels. In the 
case where

[[Page 69718]]

the transmit antenna points away from a TV station that the white space 
device must protect, the effect would be that the white space device 
has a lower EIRP in the direction of the TV station. Under such 
situations it may be possible to reduce the required separation 
distance between the white space device and the protected contour of 
the co-channel and adjacent channel TV stations. This change could 
increase the number of locations where a fixed device could operate. 
However, there are a number of factors that have to be considered to 
ensure that white space devices provide adequate protection to TV 
stations. For example, antenna pattern information for fixed white 
space devices, including the orientation of the antenna as installed in 
the field would be needed. This information would then have to be 
stored in some format in the white spaces databases. The Commission 
would also have to develop appropriate protection criteria for a fixed 
white space device that uses a directional antenna. For example, we may 
need to specify the minimum arc size over which the power must be 
reduced in the direction of a protected TV station, since reduced power 
over a very narrow arc may not provide adequate protection.
    56. Accordingly, the Commission seeks comment on whether it should 
modify the rules to consider the directional antenna pattern for fixed 
space devices. If so, how can we assure the accuracy of antenna pattern 
information? Should we require the database to store detailed 
information, such as the antenna gain at one degree intervals, or could 
we define several simpler generic patterns that approximate commonly 
used antennas? Should the database be responsible for storing various 
antenna patterns or should they be transmitted to the databases by the 
device at power up the first time it requests a channel list? How would 
we specify the appropriate protection criteria for white space devices 
using directional antennas? For example, could the protection distances 
proposed above for multiple power levels be used in conjunction with 
directional antenna information to protect TV reception? What other 
criteria would we need to specify?
(vi) Location Accuracy
    57. A fixed or Mode II personal/portable device must be able to 
determine its position and provide that information to the white spaces 
database, which then determines whether the device meets the minimum 
required separation distances from protected services. The rules 
currently require that a fixed or Mode II personal/portable device 
incorporate a geo-location capability that can determine its geographic 
coordinates to within 50 meters. GPS is capable of 
determining coordinates to this level of accuracy, but there may be 
circumstances where it is not possible to receive a GPS signal, such as 
indoors or at outdoor locations where there are obstacles such as 
buildings and trees. The Commission seeks comment on whether there are 
other location methods besides GPS that can determine a white space 
device's location to within 50 meters. If so, what are 
these methods? The Commission also seeks comment on whether devices 
need to determine their position with this level of accuracy to protect 
authorized services.
    58. In addition, the Commission seeks comment on whether we should 
allow white space devices to use geo-location methods that are less 
accurate than the current rules require, provided they provide the same 
level of protection to authorized services. If so, what level of 
accuracy should be required? How could we assure that devices with a 
lower level of geo-location accuracy do not cause interference to 
authorized services? Could we require white space devices to operate at 
greater distances from authorized services to offset the increased 
uncertainty in a device's location? If so, should we require all white 
space devices to meet increased separation distances, or only those 
with less accurate geo-location capabilities? If we allow only some 
devices to use a less accurate geo-location method, how could the white 
space databases take into account a device's geo-location accuracy in 
determining the list of available channels? The accuracy of some geo-
location technologies, such as GPS, is well established, but this may 
not be the case for geo-location technologies, some of which may be 
proprietary, that manufacturers wish to use for white space devices. 
How should the location accuracy of a device be tested? Should 
manufacturers be required to certify the accuracy of the location 
technology incorporated into a device as part of the equipment 
certification process? Are there any other approaches that would allow 
white space devices to incorporate less accurate geo-location 
capabilities while still protecting authorized services?
2. 600 MHz Guard Bands
    59. The 600 MHz Band includes a guard band between the wireless 
downlink services band and the TV band that will vary in size and 
frequency depending on the amount of spectrum recovered in the auction. 
There are three possibilities for the size of this guard band: 11 
megahertz, nine megahertz and seven megahertz. However, if exactly 84 
megahertz of spectrum is recovered in the auction, channel 37 plus the 
three megahertz guard band that protects the WMTS and RAS on channel 37 
will serve as the guard band between the wireless downlink services 
band and TV band. Therefore, there would not be a separate guard band 
between the TV band and the wireless downlink services band that could 
be made available for unlicensed use as there would be under all other 
spectrum recovery scenarios.
    60. The Spectrum Act states that the Commission may permit 
unlicensed use of the guard bands, and stipulates that (a) unlicensed 
use shall rely on a database or subsequent methodology as determined by 
the Commission, and (b) the Commission may not permit any use of a 
guard band that the Commission determines would cause harmful 
interference to licensed services. The term ``guard band'' includes the 
duplex gap, and thus the Spectrum Act's requirements discussed here 
apply equally to the duplex gap. Fixed and personal/portable white 
space devices clearly satisfy the Act's stipulation that ``unlicensed 
use rely on a database'' since our rules already require that these 
devices access a database to identify vacant TV channels in their area 
that meet the interference avoidance requirements of our rules, and 
they may only operate on the vacant channels that the database 
identifies. This Commission is proposing in this NPRM to expand the 
information in the white space databases to include 600 MHz Band 
services that will be entitled to interference protection. The 
Commission's part 15 rules already require that unlicensed devices not 
cause harmful interference to and must accept interference from 
authorized users. In this NPRM, the Commission proposes technical and 
operational rules for white space devices in these bands that will 
satisfy the requirements of both the Spectrum Act and our rules.
    61. The Commission proposes to allow fixed and personal/portable 
devices to operate in the guard bands and duplex gap. The current white 
space rules provide for two types of personal/portable devices. Mode II 
devices, like fixed devices, incorporate geo-location and database 
access capabilities which facilitate their ability to meet the required 
separation distances at their operating location, while Mode I devices 
do not. Instead, Mode I devices must obtain a list of available 
operating channels from a fixed or Mode II personal/portable white

[[Page 69719]]

space device that is within their transmission range and may only 
operate so long as they can receive a controlling signal from the fixed 
or Mode II device. Because Mode I devices are limited to a maximum EIRP 
of 100 milliwatts, or 40 milliwatts EIRP if they are adjacent to an 
occupied TV channel, they must operate relatively close to the device 
that provides the list of available channels. Thus, the actual location 
of a Mode I device is different from the device providing it a list of 
available channels. The Commission seeks comment from parties 
contemplating use of Mode I devices on the types of functions and 
applications they envision for these devices, and the typical and 
maximum operating range envisioned for these devices. It also seeks 
comment on any studies that address the interference potential of Mode 
I devices. The Commission further seeks comment on whether it should 
limit operation in these bands to fixed and Mode II devices only to 
ensure protection to authorized services in these bands. Alternatively, 
should we also allow Mode I devices to operate in these bands, but 
increase the separation distances to offset the uncertainty in the 
devices' locations? In addition, the Commission seeks comment on 
whether any limitations on the types of devices in the duplex gap would 
be necessary after the 39 month transition period when all television 
stations are moved from the spectrum that is designated as the duplex 
gap. The Commission asks commenters to address the effect that any 
limitations on the permissible types of devices in these bands may have 
on the development of white space services and applications.
    62. A white space device operating in a guard band would have to 
protect two different authorized services on frequencies immediately 
adjacent to the guard band. Broadcast television will operate in the 
lower adjacent spectrum, and licensed wireless downlink services will 
operate in the upper adjacent spectrum. The current rules permit 
operation of personal/portable white space devices on a channel that is 
immediately adjacent to an occupied TV channel, provided the device 
power is reduced to 40 milliwatts. In the NPRM, the Commission is 
proposing to also allow fixed devices to operate on a channel 
immediately adjacent to an occupied TV channel at the same 40 milliwatt 
power level, and it is proposing to allow fixed devices to operate at 4 
watts EIRP three megahertz away from an occupied TV channel. However, 
the Commission does not currently have rules for white space devices 
that address operation on a channel immediately adjacent to wireless 
downlink services. Therefore, the Commission must develop rules to 
protect wireless downlink services adjacent to the guard bands, that 
is, protecting the ability of handsets to receive signals from a base 
station. The analysis discussed applies equally to the duplex gap 
because white space devices operating in the duplex gap must also 
protect wireless downlink services in adjacent frequency bands. The 
Commission proposes to protect wireless handsets by limiting the power 
of white space devices in the guard bands and duplex gap, and by 
requiring a buffer between the edge of the channel used by the white 
space device and wireless downlink services. The proposed approach 
ensures against harmful interference to licensed services and promotes 
the public interest and benefits inherent in maximizing spectrum use.
    63. The Commission considers separately the guard band sizes under 
each of the spectrum recovery scenarios. In each case, we assume that 
the white space devices could be either fixed or personal/portable, 
that they will transmit over a six megahertz wide bandwidth, that they 
could be operating at 40 milliwatts immediately adjacent to an occupied 
TV channel, and that their operation will be controlled through use of 
a database. The power limits and frequency separation needed to protect 
part 27 wireless services will alter the assumptions for white space 
devices' power limits and bandwidth in each case and, ultimately, how 
white space devices could use the guard bands. Based on our preliminary 
analysis, discussed below, we also assume a three megahertz frequency 
separation between the white space devices and the handset receive band 
to offset a worst case interference distance of less than seven meters. 
Our preliminary analysis is based on conservative assumptions, and 
intended as a starting point for purposes of developing a record on 
these issues. There are numerous ways to conduct interference analyses 
and each depends on a number of assumptions, such as filter 
characteristics, the propagation model and miscellaneous losses (e.g., 
body loss, polarization mismatch, etc.). In addition, the Commission 
notes that there is a lack of real world testing between white space 
transmitters and LTE receivers, and we invite manufacturers and other 
interested parties to submit data and test results to the record in 
this proceeding. Nevertheless, we believe that under reasonable 
conditions white space devices can operate in the duplex gap and guard 
bands without causing harmful interference to LTE receivers.
    64. In the Incentive Auction proceeding, Qualcomm has submitted 
analyses purportedly showing that unlicensed use in the guard bands and 
duplex gap is not feasible without extremely large frequency 
separations from licensed services and Broadcom has submitted analyses 
to the contrary. Both parties' analyses rely on the 3GPP industry 
standards which define the onset of blocking interference at more than 
a five percent degradation in throughput. While the Commission does not 
go into the merits of these analyses here, our preliminary analysis 
also relies on the 3GPP standard for frequencies closest to the 600 MHz 
band as a starting point. However, the Commission notes that these 
standards contain minimum specifications and equipment used by wireless 
carriers may significantly exceed these minimums.
    65. This standard sets a floor of -97 dBm for LTE receiver 
sensitivity and an adjacent channel selectivity of 33 dB. The 
Commission believes it is reasonable to assume at least 25 dB of 
additional loss over any path loss to include an additional 10 dB for 
adjacent channel selectivity plus an additional 15 dB of loss due to a 
combination of obstructions, body loss and antenna polarization 
mismatch, etc. The Commission further assumes a minimum of three 
megahertz frequency separation between white space devices and LTE 
receivers, resulting in a seven dB pass band filter attenuation. The 
Commission calculated the required separation distances using the TM 
91-1 model. In doing so, it assumes a white space device with a maximum 
EIRP of 40 milliwatts and an antenna height of three meters, which is 
the lowest antenna height the part 15 rules specify for white space 
devices. The Commission also assumes a 1.5 meter LTE handset height, 
which we believe is representative of typical wireless handset use. 
Based on these assumptions, our calculations show a worst case 
interference distance of less than seven meters.
    66. While the Commission recognizes there may be concerns about the 
potential for interference to wireless handsets at seven meters, we 
emphasize that our preliminary analysis is a static, worst case 
analysis that does not consider many other factors that would tend to 
reduce this distance. For example, it does not take into account the 
behavior of deployed networks which manage operating channels and

[[Page 69720]]

handset power in noisy conditions to ensure the best possible 
connection, nor does it take into account the probabilistic nature of 
the conditions that lead to an interference situation. For example, if 
an LTE handset is operating at the edge of coverage on a frequency at 
the edge of the band closest to the guard band in very close proximity 
to a white space device, the white space device, which must incorporate 
transmit power control, will limit its operating power to the minimum 
necessary for successful communication, so its power will often be less 
than the maximum on which we based our preliminary analysis. 
Additionally analyses that are based on the onset of blocking may not 
rise to the threshold of harmful interference if one considers 
transmission protocols and modulation schemes which are designed to 
facilitate operations when conditions are less than ideal by 
incorporating coding, bit interleaving, and retransmission events when 
necessary. Finally, the Commission notes that based on device and 
spectrum usage evolution, manufacturers have incorporated a range of 
unlicensed and licensed bands into devices and we expect that this will 
be the case with white space devices too. Given that there is some time 
prior to networks being deployed, we expect manufacturers to improve 
filter technology and designs to ensure a minimum potential for harmful 
interference.
    67. In the guard band scenarios discussed, the Commission is 
proposing to allow white space devices to generally operate in the 
guard bands and the duplex gap at a maximum power level of 40 
milliwatts and a three megahertz frequency separation from the handset 
receive band. The Commission seeks comment on this proposal. The 
Commission invites comment on the assumptions we make for wireless 
broadband service to the public by both licensed services and 
unlicensed devices. Parties that disagree are requested to provide 
their own assumptions, including what frequency separations are needed 
to protect wireless services from harmful interference, along with 
justification and analysis. The Commission also ask those parties who 
advocate against use of the guard bands for unlicensed use to provide 
details on what services they believe could operate there and under 
what operating conditions, so that valuable spectrum does not lay 
fallow. Parties should address how white space use in each scenario 
below would satisfy the Spectrum Act's requirement that no harmful 
interference is caused to licensed services.
    68. Eleven megahertz guard band. Fixed and personal/portable white 
space devices could operate in the lower six megahertz portion of the 
guard band, adjacent to broadcast TV spectrum, leaving a five megahertz 
separation to wireless downlink services at the upper portion of the 
band. In this case, under the existing white space rules, the white 
space devices could operate at 40 milliwatts adjacent to an operating 
TV station and 100 milliwatts if the adjacent station is vacant. The 
Commission proposes that white space devices be permitted to operate at 
40 milliwatts so long as it maintains a three megahertz separation 
distance from the lower edge of the band where handsets will receive. 
Is the 40 milliwatt power level useful for unlicensed devices? Should 
we permit operation up to 100 milliwatts if the white space device can 
maintain 4 or 5 megahertz separation from the handset receive band and 
satisfy the conditions for protecting TV reception as well as the 
necessary distance separation from adjacent base stations? Would a 
different power level be used?
    69. Nine megahertz guard band. The Commission proposes that fixed 
and personal/portable white space devices could operate at 40 
milliwatts in the lower six megahertz portion of the guard band 
adjacent to broadcast TV spectrum, leaving three megahertz separation 
to wireless services. The Commission believes this would adequately 
protect handsets from harmful interference while providing an 
opportunity for unlicensed devices to operate. The Commission seeks 
comment on this proposal and asks if there are other operating 
scenarios for the nine megahertz guard band that could be adopted to 
provide for unlicensed device use while protecting wireless handsets.
    70. Seven megahertz guard band. In this case, if fixed and 
personal/portable white space devices operated adjacent to the 
broadcast TV band at the lower end of the guard band, there would be 
only one megahertz separation to wireless downlink services at the 
upper end of the band. Under this situation, could we provide for 40 
milliwatt white space device operation? Alternatively, could white 
space devices operate at reduced power with only one megahertz of 
separation from broadband downlinks and still protect those operations? 
What power level and separation distance would provide for such 
operation? Another option is to restrict white space devices to a four 
megahertz bandwidth to maintain three megahertz separation from 
broadband downlinks. Is the current white space equipment capable of 
such operation? Is there a market for operating in this manner as it 
would necessitate slower data rates? What parameters in terms of power 
and separation distance would be required to ensure operation of all 
services? The Commission seeks comment on the appropriate power limits 
and frequency separations for white space devices to protect both TV 
and wireless services in this case.
    71. Three megahertz plus channel 37. In the case where 84 megahertz 
of spectrum is recovered in the auction, the guard band between 
wireless downlink services and TV spectrum will consist of channel 37 
plus a three megahertz guard band. The purpose of the three megahertz 
guard band is primarily to protect the WMTS and RAS on channel 37 from 
interference from wireless downlink services, but it also would protect 
wireless downlink services from harmful interference from white space 
devices operating on channel 37. If we determine that less than three 
megahertz separation is needed to protect part 27 services, could fixed 
or personal/portable devices make use of any portion of this three 
megahertz band? The Commission seeks comment on whether any types of 
low power, narrowband devices could use this guard band without causing 
harmful interference to licensed services in the adjacent bands. Is so, 
what types of devices and at what power levels and bandwidths?
3. 600 MHz Duplex Gap
a. Types of Permitted Operations
    72. The 600 MHz Band includes a duplex gap of 11 megahertz between 
the wireless uplink and downlink services bands to prevent harmful 
interference between them. The frequency range of this duplex gap will 
depend on the outcome of the incentive auction, but the size of the 
band will be the same nationwide, regardless of whether there is any 
market variation in the amount of spectrum recovered in certain areas. 
Wireless downlink services will operate in the lower adjacent spectrum 
to the duplex gap, and wireless uplink services will operate in the 
upper adjacent spectrum to the duplex gap. In the Incentive Auction 
R&O, the Commission concluded that the public interest would be served 
by allowing broadcasters and cable programming networks to use wireless 
microphones on a licensed basis in a portion of the duplex gap and to 
obtain interference protection from unlicensed devices at specified 
times and locations, on an as-

[[Page 69721]]

needed basis. The Commission decided that it would in a future 
proceeding examine how best to provide access to a portion of the 
duplex gap by licensed wireless microphone users, while also ensuring 
that unlicensed users of the duplex gap can make use of this spectrum 
to provide broadband services. It anticipated that the duplex gap could 
be partitioned such that six megahertz would be available for 
unlicensed broadband devices to operate under the existing white space 
rules for 40 milliwatt personal/portable devices, and four megahertz 
adjacent to the wireless downlink services band would be available for 
licensed wireless microphone operations. This approach would leave one 
megahertz available for use as a buffer to protect licensed wireless 
services.
    73. There are several different ways to divide the duplex gap to 
accommodate wireless microphones and white space devices, although 
there are trade-offs with each one. As an initial proposal, the 
Commission proposes to allow unlicensed operations, including both 
fixed and personal/portable white space devices and unlicensed 
microphones, to operate in the six megahertz band segment at the upper 
end of the duplex gap. It also proposes to allow licensed wireless 
microphones to operate in the four megahertz band segment immediately 
below this six megahertz segment. The Commission further proposes to 
use the remaining portion of the duplex gap spectrum to provide a one 
megahertz frequency separation between licensed wireless microphones 
and wireless downlinks in the spectrum below the duplex gap, thereby 
providing an additional margin of interference protection to mobile 
handsets. Thus, licensed wireless microphones would be able to operate 
in the band between one and five megahertz above the lower end of the 
duplex gap, and unlicensed devices, including wireless microphones, 
would be able to operate in the band from five to eleven megahertz 
above the lower end of the duplex gap.
    74. The Commission believes that providing a six megahertz band for 
unlicensed devices is appropriate since that is the minimum size that 
many parties indicated is useful for unlicensed uses, and it is 
consistent with the current fixed and personal/portable white space 
rules. Additionally, it believes that a four megahertz segment of the 
duplex gap will be useful for licensed wireless microphones that are 
used on short NPRM since it will be available nationwide. Manufacturers 
have indicated that as many as 16 wireless microphones can operate in a 
six megahertz channel, and while we are proposing a smaller channel 
size here, manufacturers should still be able to get a substantial 
number of microphones to operate in it.
    75. The Commission is not proposing to provide a guard band between 
licensed wireless microphones and unlicensed white space devices, since 
white space devices must comply with low emission limits outside their 
channel of operation. Also, wireless microphones that operate in this 
spectrum use narrow (no greater than 200 kilohertz) bandwidths and many 
can operate close together within a six megahertz channel, so we expect 
their receivers to have good selectivity. Thus, the Commission believes 
that there is a low risk of unlicensed white space devices causing 
interference to licensed wireless microphones in the adjacent band.
    76. The Commission seeks comment on this proposal for partitioning 
of the duplex gap between licensed wireless microphones and unlicensed 
white space devices and unlicensed wireless microphones. Our proposed 
split maximizes the frequency separation between a six megahertz 
segment of the duplex gap for unlicensed use and wireless downlink 
spectrum, thereby reducing the risk of interference to those adjacent 
band services as required by the Spectrum Act, but it does not provide 
any frequency separation between the six megahertz unlicensed segment 
and wireless uplink spectrum used for base stations. The one megahertz 
separation at the lower end of the duplex gap provides an additional 
margin of interference protection to wireless handsets from licensed 
wireless microphones. The Commission also seeks comment on other 
possible partitioning scenarios and whether other approaches would 
provide interference protection to adjacent wireless uplink and 
downlink services while maximizing use of the spectrum. For example, 
should the one megahertz buffer be located at the upper end of the 
duplex gap? Is it needed to provide increased interference protection 
to wireless uplink spectrum from unlicensed operations operating in a 
six megahertz bandwidth? If so, how would this scenario affect the 
operation of licensed microphones in the lower duplex gap? Could 
licensed wireless microphones operate in the lower four megahertz 
portion of the duplex gap without a one megahertz buffer to separate 
them from wireless downlink spectrum? Would that approach increase the 
interference risk to either licensed wireless microphones or wireless 
downlink spectrum? Do we need a buffer at both ends of the duplex gap 
to protect both wireless uplink and downlink services? If so, what size 
buffers are appropriate and how would increasing the number or size of 
those buffers affect the available spectrum for unlicensed white space 
and wireless microphone users? For example, if we were to require a one 
megahertz buffer at each end of the duplex gap, should we allow only 
three megahertz of spectrum for licensed wireless microphones at the 
lower end of the duplex gap and six megahertz for white space devices 
and unlicensed wireless microphones at the upper end? Parties should 
address how white space use in each scenario above would satisfy the 
Spectrum Act's requirement that no harmful interference is caused to 
licensed services.
b. Technical Rules for Fixed and Personal/Portable Operations
    77. The Commission proposes to allow fixed and personal/portable 
white space devices to operate in the six megahertz segment of the 
duplex gap described above with a power level of 40 milliwatts. This is 
consistent with our proposal to allow 40 milliwatt white space device 
operation in the guard bands. The Commission does not believe that a 
buffer is necessary to protect wireless uplink services above the 
duplex gap since the receivers of interest are those in base stations, 
and it expects there to be a greater separation distance from base 
station receivers than from mobile receivers, thus reducing the 
likelihood of harmful interference. The Commission seeks comment on 
this proposal. Is the 40 milliwatt power level useful for unlicensed 
devices? Would the proposed power level and frequency separation 
adequately protect wireless uplink services in the upper adjacent band? 
Do we need to limit the HAAT of fixed devices to minimize the 
possibility of interference to licensed services outside the duplex gap 
and licensed wireless microphones within the duplex gap?
4. Channel 37
    78. The WMTS is used for remote monitoring of patients' vital signs 
and other important health parameters (e.g., pulse and respiration 
rates) inside medical facilities. WMTS includes devices that transport 
the data via a radio link to a remote location, such as a nurses' 
station, which is equipped with a specialized radio receiver. WMTS 
operates licensed stations on three bands, including 608-614 MHz 
(channel 37) in the UHF band. Health

[[Page 69722]]

care institutions are required to register their locations and 
coordinate the use of all three bands through the American Society for 
Health Care Engineering (ASHE) of the American Hospital Association--
the designated frequency coordinator--prior to commencing operation. 
This process minimizes the potential of WMTS users from causing harmful 
interference to, and receiving harmful interference from, other WMTS 
devices.
    79. RAS is a receive-only service that uses highly sensitive 
receivers to examine and study radio waves of cosmic origin. There are 
twelve RAS telescopes that have been using channel 37 or plan to use 
channel 37 in the near future. Of them, ten comprise the National Radio 
Astronomy Observatory's (NRAO's) Very Long Baseline Array (VLBA), which 
are distributed in several locations in the United States and its 
territories, and collect simultaneous observations that are combined to 
emulate a single telescope 5000 miles in diameter. The remaining two 
telescopes are single dish instruments. The Commission protects RAS 
from in-band harmful interference by imposing field strength limits on 
WMTS and requiring coordination of WMTS use within certain distances of 
RAS observatories.
    80. In the Incentive Auction R&O, the Commission decided to permit 
unlicensed operations on channel 37, subject to the development of the 
appropriate technical parameters for such operations to protect the 
WMTS and RAS from harmful interference. It stated that authorizing the 
use of channel 37 for unlicensed operations would make additional 
spectrum available for unlicensed devices in areas of the country that 
are not in close proximity to hospitals or other medical facilities 
that use WMTS equipment, or to RAS sites.
    81. The Commission recognizes the importance of WMTS to patient 
care, and will remain mindful of this critical function when developing 
these technical parameters. In this NPRM, the Commission proposes 
technical parameters below to protect the WMTS and RAS from harmful 
interference and will develop a full record on the issues raised in 
this proceeding before adopting final rules.
a. Power Limits and Separation Distances
    82. General technical requirements. There are several different 
approaches that could be taken regarding the types of white space 
devices that we would permit to operate on channel 37. The most 
cautious approach would be to limit operations on channel 37 to fixed 
devices only and to require registration of the locations where the 
devices are used in the white spaces database. Fixed devices are 
required to register their location and operator information in the 
white spaces database because the rules permit them to operate at 
higher power than personal/portable devices. The registration 
requirement makes fixed devices easer to locate in the event harmful 
interference occurs. Another approach would be to allow both fixed and 
Mode II personal/portable devices to operate on channel 37. Like fixed 
devices, Mode II devices must incorporate geo-location and database 
access capabilities. Unlike fixed devices, they are not required to 
register with the database since their maximum permitted power is lower 
than that allowed for fixed devices, and their operating location 
changes frequently. A third approach would be to allow fixed and both 
Mode I and Mode II personal/portable devices to operate on channel 37. 
Mode I devices are not required to incorporate a geo-location 
capability and obtain their list of available channels from a fixed or 
Mode II device that is within their transmission range. Thus, the 
separation distances we calculate below to protect the WMTS and RAS may 
need to be increased if Mode I devices are permitted to operate on or 
adjacent to channel 37.
    83. The Commission seeks comment on the types of white space 
devices that should be permitted to operate on channel 37. If we allow 
personal/portable devices to operate on channel 37, should we require 
them to register with the white spaces database, and if so, what 
registration information should be required? What interference concerns 
are raised by allowing personal/portable devices on channel 37, and how 
could these be addressed, particularly those involving Mode I devices? 
Are there technology solutions or other means to mitigate the risk? 
Would we need to specify greater separation distances for personal/
portable devices than for fixed devices of comparable power levels? If 
we initially allow only fixed devices on channel 37, should we then 
allow personal/portable devices at a later date once we have confidence 
that they will not cause harmful interference to the WMTS and RAS? The 
Commission seeks comment on any studies that address the interference 
potential of personal/portable devices to the WMTS and RAS.
    84. The Commission proposes to allow the same maximum four watt 
EIRP for channel 37 fixed white space devices that is allowed for fixed 
devices in the TV bands. If we allow personal/portable devices on 
channel 37, we propose that the maximum EIRP would be 100 milliwatts, 
consistent with the current rules for operation in the TV bands. 
However, as discussed, these power levels may need to be reduced 
depending on what devices operate in the adjacent bands. The Commission 
also proposes to require white space devices on channel 37 to meet the 
other technical requirements for white space devices, including the 
conducted power, antenna gain and PSD limits as appropriate. The 
Commission further proposes that these devices must access a database 
over the internet to determine if channel 37 is available at their 
location, meaning that the location is sufficiently far removed from 
all WMTS and RAS sites to avoid causing harmful interference. The 
required separation distances are discussed in the following 
paragraphs.
    85. Power limits. The maximum power at which an unlicensed device 
can operate may be limited based upon the need to protect authorized 
services in adjacent bands, in addition to services in the same band. 
For example, neither the current rules nor our proposals discussed 
above permit fixed devices to operate at four watts in bands 
immediately adjacent to occupied TV channels. Currently, the adjacent 
spectrum bands to channel 37 (channels 36 and 38) are allocated for TV 
broadcasting. After the incentive auction, this situation may or may 
not change depending upon the amount of spectrum recovered in the 
auction. There are three possible scenarios. First, if less than 84 
megahertz of spectrum is recovered, channels 36 and 38 will continue to 
be available for TV broadcasting, so there will be essentially no 
change from the current situation. Second, if exactly 84 megahertz of 
spectrum is recovered, channel 36 will continue to be available for TV 
broadcasting, while channel 38 will not. Instead, there will be a three 
megahertz guard band directly above channel 37 which will separate 
channel 37 from licensed wireless downlink spectrum. Third, if more 
than 84 megahertz of spectrum is recovered, there will be three 
megahertz guard bands above and below channel 37 to separate channel 37 
from licensed wireless downlink spectrum.
    86. Under the first scenario, channel 37 in a particular location 
could be treated similarly to any other television channel, provided it 
is sufficiently far removed from the WMTS and RAS to avoid harmful 
interference. The Commission therefore proposes to permit fixed white 
space devices to operate with an EIRP of up to four watts

[[Page 69723]]

on channel 37, provided channels 36 and 38 are also vacant. If we allow 
personal/portable device operation, we propose that the maximum EIRP 
would be limited to 100 milliwatts in this scenario. In locations where 
channel 37 is available, but both channels 36 and 38 are occupied, the 
Commission proposes to allow a maximum allowable power of 40 milliwatts 
to protect television services on the adjacent channels. In locations 
where channel 37 is available, but only one of the adjacent channels is 
occupied, the Commission proposes to allow fixed unlicensed device 
operation with a maximum power of 4 watts EIRP, where the device 
operates in the six megahertz band centered on the boundaries of 
channel 37 and the unoccupied channel.
    87. Under the second scenario (84 megahertz recovered), the 
Commission proposes to allow a maximum white space device power of 40 
milliwatts EIRP on channel 37 to protect wireless downlink services 
that will be three megahertz above channel 37 and to protect television 
on channel 36 if that channel is occupied. If channel 36 is vacant, a 
white space device could also operate at 40 milliwatts, and possibly 
higher, in a six megahertz band centered on the boundary of channels 36 
and 37, leaving a three megahertz separation from channel 35 and a six 
megahertz separation from wireless downlink spectrum.
    88. Under the third scenario (more than 84 megahertz recovered), we 
propose to allow a maximum white space device power of 40 milliwatts on 
channel 37 where there will be a three megahertz guard band on each 
side of channel 37 to protect licensed wireless downlink services in 
the adjacent bands.
    89. The Commission seeks comment on these proposals. In particular, 
it seeks comment on the appropriateness of the proposed power limits 
for white space devices in each of these scenarios. Should these limits 
be lower to reduce the likelihood of harmful interference to the WMTS, 
RAS and wireless downlink services? Conversely, could the proposed 
limits be higher without a risk of harmful interference? For example, 
could a white space device operate at power levels higher than 40 
milliwatts under the second scenario with a three megahertz separation 
to TV and a six megahertz separation to wireless downlink services? If 
so, what is the maximum power that could be used? Should we allow a 
fixed device power limit on channel 37 that is higher than four watts 
in rural areas under those scenarios where we propose a four watt 
limit?
    90. Determination of WMTS separation distances. WMTS systems 
typically consist of small patient-worn transmitters and receive 
antennas located within a healthcare facility. According to GE, WMTS 
transmitters are frequency-division multiplexed with typical occupied 
bandwidth of 10 kHz and a relatively low transmit power of less than 0 
dBm (1 milliwatt) to extend battery life. GE argues that, to prevent 
interference to the WMTS, the signal level at the perimeter of a 
registered WMTS facility should not exceed 10 microvolts per meter 
within a 100 kilohertz bandwidth on channel 37, or 20 millivolts per 
meter within a one megahertz bandwidth on channels 36 and 38.
    91. The Commission calculated the minimum co-channel separation 
distances that would be required for white space devices to meet GE's 
recommended field strength limit for channel 37. It used the TM 91-1 
propagation model and white space device power levels that range from 
40 milliwatts to 4,000 milliwatts in four dB steps. The Commission 
assumed that the WMTS transmitter would be at 10 meter height above 
ground, which is the highest height specified in the ASHE/AHA database, 
and used the same range of HAAT currently specified in the rules for 
fixed white space devices.
    92. The Commission calculated the minimum required adjacent channel 
separation distances in two different ways using the same basic 
methodology that we used to determine the co-channel separation 
distances (TM 91-1 model, WMTS height of 10 meters, same range of white 
space device power and HAAT). First, it calculated the distances 
considering receiver ``blocking'' using the field strength limits on 
channels 36 and 38 that GE recommended to avoid interference. We then 
considered the out-of-band emission power that would fall into channel 
37 from white space devices operating on channels 36 and 38 and 
calculated the minimum required separation distances based on GE's 
recommended field strength limit on channel 37. Based on our analysis, 
the effect of receiver blocking is greater than the effect of out-of-
band emissions, so we considered receiver blocking in determining the 
minimum required separation distances.
    93. The calculated co-channel and adjacent channel separation 
distances based on our methodology are shown in the two tables in 
paragraph 112 of the NPRM. These are the distances that would be 
required between a white space device and an individual WMTS receiver, 
and not the total distance that would be required to protect WMTS use 
that relies on large distributed antenna systems throughout buildings 
and that may be spread out across a large facility but represented by 
only single point in the database. The separation distances are rounded 
to the nearest tenth of a kilometer. In cases where the calculated 
adjacent channel separation distance is less than one tenth of a 
kilometer, we listed a separation of one tenth of a kilometer to avoid 
specifying extremely small distances. If we allow personal/portable 
devices on channel 37, the separation distances would be those at an 
HAAT of less than three meters at a power level of either 40 milliwatts 
or 100 milliwatts, depending on which authorized services are in the 
adjacent frequency bands. The Commission seeks comment on the 
appropriateness of these separation distances for protecting the WMTS 
as well as our methodology used to calculate them.
    94. The current ASHE/AHA database allows the registration of only a 
single geographic point, whereas a hospital or health care facility is 
often a large building or group of building on a campus. The Commission 
also notes that GE stated that its recommended protection criteria for 
the WMTS should apply at the perimeter of a facility. For these 
reasons, the Commission expects that it will need to increase the 
calculated distances listed above to compensate for the fact that a 
single point may not accurately represent WMTS usage that could be 
spread out over a large facility. If so, what is the appropriate 
adjustment and why? For example, should we simply add an additional 
distance to our calculated distances? Alternatively, as discussed in 
the database section, should the Commission allow a facility to specify 
multiple points that define a bounded area around a large facility that 
uses the WMTS as opposed to specifying a single point?
    95. The Commission also seeks comment on any ways it can simplify 
the process of protecting the WMTS. For example, there are thousands of 
registered WMTS sites, many of which are clustered close together in 
urban areas. Could we define exclusion zones in urban areas where 
operation is prohibited on channel 37 rather than requiring the 
databases to consider each individual WMTS location? If so, how should 
we define the exclusion zones and enter this information into the white 
spaces databases?
    96. The Commission further seeks comment on whether there are any 
other requirements necessary to protect the WMTS. For example, would a 
limit on the HAAT of fixed devices on channel 37 reduce the potential 
for interference

[[Page 69724]]

to the WMTS? Should the Commission prohibit the operation of Mode I 
personal/portable devices on channels 36 and 38 since they rely on 
another device's geo-location capability and could possibly operate 
slightly closer to adjacent channel WMTS locations than the device that 
obtained the list of available channels? Alternatively, should the 
Commission limit operation on channel 36 and 38 to fixed devices only?
    97. Determination of RAS separation distances. The Commission 
proposes different protection criteria for the ten VLBA stations than 
for the two single dish radio astronomy observatories because of their 
differing potential to receive interference. VLBA observations are less 
susceptible to interference than single dish observations because 
interfering signals do not correlate across the multiple receivers that 
comprise the array. The Commission proposes to require that white space 
devices operating on channel 37 comply with separation requirements 
based on their operating power to protect the ten VLBA observatories, 
and that they may not operate within defined exclusion zones around the 
two single dish observatories that receive on channel 37.
    98. The Commission proposes requirements for white space devices to 
protect the VLBA based on the existing requirements that protect those 
stations from WMTS stations operating on channel 37. Section 95.1115(a) 
of the rules allows a maximum WMTS field strength on channel 37 of 200 
millivolts per meter measured at a distance of three meters (this 
equates to an EIRP of approximately 12 mW). Further, Sec.  95.1119(b) 
specifies that WMTS operations within 32 kilometers of the ten VLBA 
sites must coordinate with those sites. Using these two requirements as 
a basis, we can determine the minimum distance that a white space 
device must be from a VLBA site to provide the same level of protection 
as a WMTS transmitter located just outside the 32 kilometer 
coordination zone. Using the WMTS criterion, we calculate the 
appropriate path loss exponent to be 2.53. Therefore, the Commission 
proposes to calculate the separation distances between fixed white 
space devices and VLBA sites using a propagation model with a path loss 
exponent of 2.53. This model considers only the power of the white 
space device and not its antenna height above ground or average 
terrain.
    99. Based on the foregoing, our calculated minimum co-channel 
separation distances between white space devices operating on channel 
37 and VLBA sites are as listed in the table in paragraph 118 of the 
NPRM.
    100. The Commission notes that in developing this table, factors 
which would act to shorten the protection distance such as buildings, 
mountains, trees or other ground clutter were not considered. In 
addition, because VLBA stations require very low noise environments, 
most have been constructed in remote areas that have substantial 
natural shielding due to the fore mentioned obstructions. Also, we note 
that most of these distances would be beyond the radio horizon for 
most, if not all, paths between white space devices and VLBA sites.
    101. The Commission seeks comment on these separation distances and 
the methodology and assumptions used to calculate them. In particular, 
it seeks comment on whether these separation distances are appropriate 
for protecting the VLBA. Do they provide adequate protection to the 
VLBA? Are they greater than necessary to protect the VLBA? Should we 
place a cap on the maximum separation distances, such as 100 
kilometers, to account for the fact our analysis did not account for 
any factors as mentioned above that would act to shorten the required 
separation distances and that radio astronomy sites will be beyond the 
radio horizon in most instances? Are the assumptions made in our 
analysis reasonable? For example, would a different propagation model 
or different protection criteria for the VLBA be more appropriate? Is 
so, what model or criteria should we use to determine the minimum 
separation distances? Commenters on this issue should provide detailed 
technical criteria and analysis to justify their position.
    102. The Commission also seeks comment on whether it should 
establish adjacent channel separation distances between white space 
devices operating on channels 36 and 38 and the ten VLBA observatories. 
Under the current rules, white space devices cannot operate on these 
channels because they are reserved for wireless microphones if they are 
not being used by television stations. However the Commission will 
allow white space devices to operate on these channels if they are 
still available for television broadcasting after the incentive auction 
and are not being used by a television station at a white space 
device's location. Under the current rules, white space devices must 
operate at least 2.4 kilometers away from VLBA sites, so this 
requirement would apply to white space devices operating on channels 36 
and 38. Is this adjacent channel separation distance adequate to 
protect the VLBA observatories? If not, what is the appropriate 
separation distance and why?
    103. With respect to the two single dish RAS observatories that 
receive on channel 37 (Green Bank Telescope and Arecibo Observatory), 
Sec.  1.924 of the rules defines coordination requirements to protect 
them. Specifically, Sec.  1.924(a) requires parties planning to 
construct and operate a new or modified station at a permanent fixed 
location within a specified quiet zone around the National Radio 
Astronomy Observatory at Green Bank West Virginia to notify the 
observatory in writing of the technical details of the proposed 
operation. Similarly, Sec.  1.924(d) requires parties planning to 
construct and operate a new station at a permanent fixed location on 
the islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra to 
notify the Interference Office of the Arecibo Observatory in writing or 
electronically of the technical parameters of the planned operation.
    104. Because the Commission does not believe it reasonable for 
operators of white space devices to coordinate with the Green Bank and 
Arecibo Observatories, and because separation distances to protect 
these observatories would be extremely large, the Commission is 
proposing that white space devices not operate on channel 37 within the 
National Radio Quiet Zone around Green Bank or on the islands of Puerto 
Rico, Desecheo, Mona, Vieques or Culebra. Much of the quiet zones are 
in less populated areas, and the Commission expects that in these areas 
there will be many other channels available for white space operation 
in addition to spectrum in the guard bands and duplex gap. However, the 
Commission seeks comment on whether there are ways to allow operation 
of white space devices on channel 37 within these areas. For example, 
are there coordination procedures that white space device operators 
and/or white space database administrators could follow to enable 
operation in these areas?
    105. The Commission also seeks comment on whether it could 
establish minimum separation distances that white space devices must 
meet to protect the Green Bank Telescope and the Arecibo Observatory 
that would affect a smaller area than the existing quiet zones. If so, 
what are the appropriate interference assumptions, propagation model 
and separation distances? Because we are proposing protection criteria 
for white space devices over a range of power levels and HAAT, could we 
establish smaller exclusion zones for white space devices that operate 
at lower power levels or

[[Page 69725]]

lower HAAT? If so, how should we determine these zones or separation 
distances?
b. Guard Bands Adjacent to Channel 37
    106. Under certain spectrum recovery scenarios, there will be a 
three megahertz guard band on one or both sides of channel 37, 
resulting in a contiguous block of nine or 12 megahertz of spectrum. 
The Commission seeks comment on whether these guard bands could be 
combined with the six megahertz of channel 37 spectrum in areas where 
it is not being used for the RAS and WMTS to create a wider band for 
white space device use. If so, what power level, frequency separation 
and other technical requirements would be necessary to protect wireless 
downlink services adjacent to these guard bands?
c. Out-of-Band Emission Limits on Channels 36-38
    107. The Commission requires white space devices to comply with 
out-of-band emission limits on channels 36 through 38 in addition to 
the adjacent channel and Sec.  15.209 limits that white space devices 
must meet on other channels. The white space device out-of-band 
emission limit on channel 37 is significantly more stringent 
(approximately 25 dB lower) than the Section 15.209 limit on this 
channel. Manufacturers must incorporate an additional band-reject 
filter into white space devices to comply with the limit on channel 37. 
The high level of attenuation needed to meet the limit requires a sharp 
roll-off across channels 36 and 38, which may extend as far as channels 
35 and 37, potentially precluding the use of all four of those channels 
by white space devices. The emission limits on channels 36 through 38 
were originally recommended by GE Healthcare to protect the WMTS from 
interference by personal/portable white space devices that could be 
used in close proximity to WMTS receive antennas. The Commission 
adopted these recommended limits and applied them to fixed devices as 
well as personal/portable devices.
    108. The inability of white space devices to use channels 36 and 38 
was not previously a concern since the rules did not permit their use 
by white space devices. However, in the Incentive Auction R&O, the 
Commission decided to stop reserving two vacant channels exclusively 
for wireless microphones and to make them available for both white 
space devices and wireless microphones, provided those channels are not 
repurposed for licensed wireless broadband use. At the same time, we 
can also take steps to ensure that channels 35 and 39 can be used by 
white space devices, provided those channels are available after the 
incentive auction. Additionally, because the Commission is allowing 
unlicensed devices to operate on channel 37, it needs to remove the 
stringent emission limit that applies on that channel.
    109. The Commission is proposing to remove the out-of-band emission 
limits that apply on channels 36 through 38 and instead require white 
space devices to meet either the current adjacent channel or the Sec.  
15.209 emission limits as appropriate. Our proposal to allow white 
space device operation on channel 37 requires that the devices access a 
database to ensure that they will operate sufficiently far from both 
WMTS and RAS sites to avoid causing interference to these services. The 
database will enforce both co-channel and adjacent channel separation 
distances from the WMTS, which will ensure that emissions that fall 
within channel 37 do not cause harmful interference to the WMTS. Thus, 
there will no longer be a need for the more stringent out-of-band 
emission limits on channels 36 through 38. This proposed change will 
eliminate the need for white space devices to incorporate additional 
filtering that blocks channel 37 and impacts the first and second 
adjacent channels, thus making channels 35, 36, 37, 38 and 39 useable 
by white space devices. The Commission seeks comment on this proposal.
5. Repurposed 600 MHz Band
    110. The Commission is proposing technical criteria for protecting 
licensed wireless services that will operate in the 600 MHz Band from 
interference from white space device operations. These criteria will be 
applicable in two situations. First, the Commission decided to permit 
the continued operation of white space devices in repurposed spectrum 
except in those areas in which a 600 MHz Band licensee commences 
operations. It took this action because it expects that 600 MHz Band 
licensees will be commencing operations at different places at 
different times, depending on their business plans and other factors, 
both during and after the post-auction transition period. Some of the 
repurposed television spectrum may not be used for licensed wireless 
services in some areas for a considerable amount of time.
    111. Second, the Commission decided to allow market variation in 
developing the 600 MHz Band Plan. Therefore, some spectrum may be 
assigned for broadcasting in some areas and licensed wireless services 
in others. The Commission decided in the Incentive Auction R&O to allow 
the continued use of white space devices on all spectrum that remains 
allocated for TV broadcasting, which would include that spectrum with 
uses that vary by market. Since both white space devices and licensed 
wireless services can potentially operate on the same frequencies due 
to market variation, we need technical requirements to prevent harmful 
interference between the services.
    112. The current white space device rules contain protection 
requirements for a variety of services that operate in the TV bands, 
but they do not contain protection requirements for licensed wireless 
broadband services as such wireless services did not operate in the TV 
bands at the time the Commission adopted those rules. Therefore, the 
Commission proposes to develop appropriate protection criteria, 
specifically, minimum distance separations, to protect these wireless 
services. These criteria will be used by the white space databases to 
ensure that unlicensed operations no longer occur on a channel in an 
area in which a licensee has commenced operations. When a 600 MHz Band 
licensee plans to commence operations on frequencies that includes 
spectrum available for unlicensed operations under the rules for white 
space devices, that licensee can notify any of the white spaces 
database administrators when and where it plans to commence operations. 
The white spaces databases would then preclude unlicensed operations in 
those areas on the channels in use for wireless systems. We discuss the 
proposed methodology that will be used to place 600 MHz Band licensee 
information in the databases below.
    113. Consistent with our discussion above with respect to the guard 
bands and duplex gap, the Commission seeks comment on whether it should 
allow both Mode I and Mode II personal/portable devices, in addition to 
fixed devices, to operate in the repurposed 600 MHz band. The 
Commission asks commenters to address the effect that any limitation on 
the permissible types of devices in this band may have on the 
development of white space services and applications. For commenters 
that believe Mode I personal/portable white space devices should be 
permitted in these bands, the Commission seeks comment on the typical 
operating range of such a device, as that range will need to be 
incorporated into many of the protection distances proposed in the 
sections that follow. With respect to Mode II personal/portable 
devices, the current white space rules assume

[[Page 69726]]

protection distances for these devices based on them not operating 
above three meters HAAT. Thus, for all protection criteria that follows 
below, we propose that protection from Mode II personal/portable 
devices be based on operating at that low HAAT. The Commission seeks 
comment on this proposal.
    114. Depending on the channel used by a white space device, it 
could be in the same band as either wireless uplinks or downlinks. 
Therefore, the Commission proposes co- and adjacent channel protection 
criteria for both wireless uplinks and downlinks.
    115. Wireless uplinks. Wireless uplinks are the transmissions from 
mobile devices to fixed base stations. The receivers of concern in 
developing protection criteria are therefore those in fixed base 
stations. The Commission proposes that 600 MHz licensees provide 
information to the white space databases which defines a polygon 
representing the outer edge of their base station deployment. Using 
that information, the Commission proposes to protect fixed stations by 
determining the minimum separation distance needed between a white 
space device and that polygon to prevent harmful interference. Because 
the amount of spectrum available for white space devices in this band 
will shrink over time as 600 MHz Band licensees build-out their 
systems, there is little benefit in developing complex criteria to 
manage white space device use in this band. Thus, this Commission is 
taking a simple approach in developing protection criteria based on the 
worst case of a white space device emission fully overlapping the 
receive band of a base station. However, the Commission proposes that 
the co-channel protection requirements apply for any amount of 
frequency overlap between a channel used by a white space device and a 
five megahertz spectrum block used by a part 27 licensee.
    116. To determine the necessary separation distance to protect 600 
MHz Band base stations, we must make certain assumptions regarding 
their usage. As already stated the Commission is assuming the worst 
case for this preliminary analysis and basing the protection distance 
on 5/6 of the total energy of the white space device being present in 
the base station receiver pass band. In addition, it assumes, 
consistent with other analysis throughout the incentive auction 
proceeding as well as in this instant proceeding, that a typical base 
station operates at 30 meters or less above ground level and that a 
white space device can operate at various heights up to 250 meters 
above average terrain. Further, the Commissions bases its analysis on 
the base station receiver sensitivity level of the 3GPP standard of -
101.5 dBm for wide area base stations. The Commission believes this is 
the correct criteria for this analysis rather than assuming actual 
operation at 10 dB or more above this level as in other analyses in 
this proceeding. In those analyses, adjacent channel operations were 
being protected mostly in areas of high wireless signal levels. 
However, here, we are specifically protecting base stations at the 
outer edge of a 600 MHz Band licensees coverage area that are providing 
service to the most distant subscribers. Using the TM 91-1 propagation 
model, the Commission believes the separation distances (rounded to the 
nearest kilometer) from the polygon representing the edge of base 
station deployment will protect base station operations from harmful 
interference from co-channel white space devices, see table in 
paragraph 135 of the NPRM.
    117. The Commission therefore proposes that white space devices 
adhere to these separation distances from the edge of the polygon 
defining the location of base stations as provided by the 600 MHz Band 
licensees, and that these criteria will be enforced by the white space 
databases to protect co-channel 600 MHz base stations in the repurposed 
TV spectrum. In making this proposal, which provides for a maximum 
separation distance of 60 kilometers, we recognize that based strictly 
on calculations, the distances could be much greater. However, the 
line-of-sight radio horizon for a 30 meter high base station antenna 
and a 250 meter high white space device antenna is 87 kilometers. Thus, 
there is no reason for distances to be greater than that. Further, that 
line-of-sight radio horizon assumes perfect atmospheric conditions, and 
the absence of any obstructions such as buildings, mountains, trees or 
other ground clutter which further acts to reduce actual operating 
range. In addition, although the Commission developed these distances 
based on full overlap of the white space device's emissions with the 
base station receiver, there may be many cases where the overlap is 
less and thus, these proposed distances will provide additional 
protection. The Commission therefore, believes that the 60 kilometer 
maximum separation distance is reasonable and seeks comment on this 
proposal. The Commission asks that commenters address our assumptions 
and conclusions and provide technical information and analysis if they 
believe we should use different criteria or whether we should take a 
different approach to protecting these stations.
    118. In the repurposed 600 MHz Band, white space devices may also 
be operating on an adjacent channel to wireless licensees. In these 
situations, the white space device must comply with certain separation 
distances to provide the required protection to avoid causing harmful 
interference. In this instance, we are defining adjacent channel 
operations as any overlap of a white space device's six megahertz 
operating channel with any portion of a five megahertz block directly 
adjacent to a five megahertz block that is being used by a 600 MHz base 
station. As with our proposal for co-channel separation, we recognize 
that in many cases, white space devices will operate with a greater 
frequency separation from 600 MHz base stations than we use in our 
analysis, but for the same reasons stated in the proposal to protect 
co-channel operations, we base our proposed separation distances on the 
worst case situation where a white space device operates immediately 
adjacent to a five megahertz block used by a 600 MHz base station 
(i.e., with a zero megahertz frequency offset).
    119. In conducting our analysis to determine the necessary 
protection distances, the Commission assumes, similar to our analysis 
for handset protection, that the base station is operating 10 dB above 
its sensitivity level of -101.5 dBm. The Commission also assumes an 
adjacent channel selectivity of 43.5 dB. In addition, we assume a 
wireless base station filter roll-off of 5.7 dB/MHz. Based on these 
assumptions, we calculated the separation distance values for white 
space devices to protect 600 MHz wireless base stations, see table in 
paragraph 138 of the NPRM.
    120. The Commission therefore proposes that white space devices 
operating in the repurposed 600 MHz Band maintain these adjacent 
channel separation distances from the edges of the boundary defined by 
the 600 MHz Band licensees defining the area in which their base 
stations are located. This requirement will be enforced through the 
white space databases. The Commission seeks comment on this proposal 
and our assumptions. Commenters who believe that different separation 
criteria are needed should provide detailed comments and analysis 
containing all assumptions and analysis.
    121. Wireless downlinks. Wireless downlinks are the transmissions 
from fixed base stations to mobile devices. The receivers of concern in 
developing protection criteria in the wireless downlink spectrum are 
therefore the

[[Page 69727]]

mobile device's receivers. A database cannot track the constantly 
changing locations of mobile devices, so the protection criteria must 
be based on base station location. The Commission proposes to calculate 
the required separation distances as follows. First, it proposes to 
define the minimum separation distance necessary to protect a mobile 
device from interference from a white space device. Then it proposes to 
define a maximum distance from base stations at which mobile devices 
would typically operate. The minimum required separation distance from 
the boundary of the area in which base stations operate would be the 
sum of these two distances.
    122. As with our approach for base stations, our goal is to provide 
a simple mechanism for protecting 600 MHz Band handsets from co-channel 
interference from white space devices. For our preliminary analysis, we 
use the same assumptions as for the analysis for base stations above 
except that we use the handset sensitivity of -97 dBm and assume that 
handsets operate 1.5 meters above the ground. Based on those 
assumptions, the Commission calculated the separation distances to 
protect 600 MHz Band handsets from white space devices, see table in 
paragraph 141 of the NPRM.
    123. Inspecting this table reveals that the protection distance for 
white space devices operating at maximum height are not that much 
greater than for those operating near ground level. Therefore, for 
simplicity, we will base our proposal only on the single separation 
distance corresponding to the largest calculated--4.2 km. To calculate 
the total separation distance from a base station to protect handsets, 
we must also provide a maximum distance from a 600 MHz band base 
station at which mobile devices would typically operate. We believe 
that assuming a maximum of 30 km for this distance is reasonable. The 
Commission therefore proposes that personal/portable white space 
devices maintain a minimum distance of 35 kilometers from the edge of 
the carrier's defined base station deployment. This distance will be 
enforced through the white space databases. The Commission seeks 
comment on this proposal and our assumptions and asks that commenters 
who disagree provide detailed technical analysis supporting their 
conclusions.
    124. As with protection of adjacent channel 600 MHz base stations, 
we also need criteria to protect adjacent channel handsets. Using the 
same assumptions for handsets as used above for interference analysis 
between wireless handsets in the duplex gap and white space devices and 
assuming the worst case of no frequency separation between the edge of 
the handset receive band and the white space transmit band, we 
calculated the separation distances to protect handsets from 
interference, see table in paragraph 143 of the NPRM.
    125. Under the same reasoning as used above; that is assuming a 
maximum 30 kilometer service areas for wireless handsets around a base 
station, and using the largest protection distance calculated, the 
Commission proposes that white space devices operating adjacent channel 
to 600 MHz systems maintain a 31 kilometer distance from the edge of 
the area defined by the wireless licensees that contains their base 
stations. The Commission seeks comment on this proposal and our 
assumptions and ask that commenters who disagree provide detailed 
technical analysis supporting their conclusions.

B. Wireless Microphones

    126. In 2010, the Commission issued a waiver to permit unlicensed 
wireless microphones in the television bands under part 15 pursuant to 
certain technical rules. The Commission stated that this waiver would 
remain in place until such time as final rules for their operations 
were established. The Commission also sought comment on proposed part 
15 rules for unlicensed wireless microphone operations in the TV bands. 
In particular, the Commission proposed to define these devices as 
intentional radiators used to transmit voice, music, or other audio 
material over short distances. It also proposed to permit these devices 
to operate with a power level to the antenna of up to 50 milliwatts in 
both the VHF and UHF TV bands, and proposed technical rules that were 
in many respects similar to the technical rules applicable to devices 
licensed under part 74 as low power auxiliary stations.
    127. The Commission continues to believe that it should codify part 
15 rules for the operation of unlicensed wireless microphones in the TV 
bands, but we believe that the Commission's 2010 proposals should be 
modified for a number of reasons. Subsequent to these proposals, the 
Commission adopted rules for the incentive auction, which will reduce 
the number of TV channels where wireless microphones can operate. The 
Incentive Auction R&O, also changed the method for determining the 
minimum separation between licensed part 74 wireless microphones and 
co-channel TV stations, and the Commission believes it should consider 
the same approach for unlicensed wireless microphones. In addition, 
because there will be less TV spectrum available for wireless 
microphones after the incentive auction, the Commission believes it 
should consider modifying the out-of-band emission limits for wireless 
microphones to enable more efficient spectrum use. Finally, upon 
further consideration, we believe that the Commission's previous 
proposed definition for unlicensed wireless microphones is overly broad 
and should be modified. Thus, the proposals in this NPRM supersede 
those made by the Commission in the 2010. The Commission will therefore 
not carry over the record from the previous proceeding concerning the 
proposals to codify part 15 rules for unlicensed wireless microphones. 
Parties that wish to comment on this issue must file comments in this 
proceeding.
1. Unlicensed Wireless Microphones in the TV Bands
    128. Definition of unlicensed wireless microphones in part 15. The 
Commission proposes to define a wireless microphone as a device that 
converts sound into electrical audio signals that are transmitted using 
radio signals to a receiver which converts the radio signals back into 
audio signals that are sent through a sound recording or amplifying 
system. The Commission also proposes that wireless microphones may be 
used for cue and control communications and synchronization of TV 
camera signals as defined in Sec.  74.801. The Commission further 
proposes that this definition would not include auditory assistance 
devices as defined inSec.  15.3(a). The commission believes that this 
definition would encompass the types of wireless microphones that 
currently operate within the TV bands, but is not so broad as to 
encompass other types of unlicensed devices that already have 
provisions in part 15 for operation outside the TV bands. The 
Commission seeks comment on this definition.
    129. Permissible frequencies of operation. The Commission proposes 
to allow unlicensed wireless microphones to operate in the TV spectrum 
on channels 2-51, excluding channel 37 in all locations and channel 17 
in Hawaii, which is allocated for non-broadcast purposes. Since the 
number of TV channels that will be available for unlicensed wireless 
microphones will be reduced after the incentive auction, the Commission 
also proposes to add an advisory in the rules indicating that the 
highest channel available for wireless microphones will be determined 
by the outcome of the incentive auction and will be modified consistent 
with the auction results. The Commission seeks comment on these 
proposals. The

[[Page 69728]]

Commission also seeks comment on whether it should allow unlicensed 
wireless microphone operation on channels 14-20 in locations where the 
PLMRS/CMRS operates and whether there is a need to establish protection 
criteria for these services.
    130. To prevent harmful interference to co-channel TV stations, the 
Commission proposes to require unlicensed wireless microphones to 
operate at least four kilometers outside the following protected 
service contours of co-channel TV stations, which is the same 
protection requirement that the Commission adopted in the Incentive 
Auction R&O for part 74 wireless microphones, see table in paragraph 
150 of the NPRM.
    131. Technical requirements for unlicensed wireless microphones. 
Consistent with the current technical rules that apply under the 
existing part 15 waiver and the Commission's previous proposals, we 
propose to permit wireless microphones to operate with a power level to 
the antenna of up to 50 milliwatts in both the VHF and UHF TV bands. 
The Commission expects that this proposed power level is appropriate 
for most users, particularly because we expect that parties using part 
15 wireless microphones will typically be entities operating in smaller 
venues that do not require the longer range operation that higher power 
allows. The Commission seeks comment on the appropriateness of this 
power level. The Commission also seeks comment on whether the equipment 
certification rules should prohibit component parts such as amplifiers 
from being attached after-market to a microphone and whether the rules 
should specify a maximum field strength or other emission limits (e.g., 
EIRP) for equipment instead of a conducted power level.
    132. The Commission proposes to require unlicensed wireless 
microphones to comply with the same channelization, frequency 
stability, and bandwidth requirements as part 74 wireless microphones. 
Specifically, it proposes to require that operation be offset from the 
upper or lower channel edge by 25 kHz or an integral multiple thereof 
and that the operating frequency tolerance be 0.005 percent. The 
Commission also proposes to specify that one or more adjacent 25 kHz 
segments within a TV channel may be combined to form an operating 
channel with a maximum bandwidth not to exceed 200 kHz. Consistent with 
the measurement requirements for other part 15 transmitters, the 
Commission further proposes to require that the frequency tolerance be 
maintained over a temperature variation of -20 degrees to +50 degrees C 
at normal supply voltage, for a variation in the supply voltage from 85 
percent to 115 percent of the rated supply voltage at a temperature of 
20 degrees C, and that battery operated equipment be tested using a new 
battery. The Commission expects that the proposed 25 kHz offset 
requirement would prevent wireless microphones from operating at the 
edge of a TV channel where they could interfere with TV stations on 
adjacent channels, and the proposed frequency tolerance requirement 
would ensure that devices do not drift from the designated frequencies. 
The limit on the bandwidth that a wireless microphone may occupy will 
leave room for multiple microphones within a channel. The Commission 
seeks comment on these proposals.
    133. The Commission proposes that unlicensed wireless microphones 
comply with the same emission mask that it is proposing for licensed 
part 74 wireless microphones in the Wireless Microphones proceeding. 
Specifically, The Commission proposes to require that emissions from 
analog and digital unlicensed wireless microphones comply with the 
emission masks in ETSI EN 300 422-1, Electromagnetic compatibility and 
Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 
GHz frequency range; Part 1: Technical characteristics and methods of 
measurement. Requiring wireless microphones to meet these tighter 
emission requirements will protect authorized services in adjacent 
bands from harmful interference, and will improve spectrum sharing by 
wireless microphones. In light of the fact that there will be fewer 
vacant TV channels available for wireless microphones and more 
intensive use of the remaining TV spectrum after the incentive auction, 
the Commission now proposes tighter emission limits for wireless 
microphones than it had previously proposed in 2010. Shure supports 
Commission adoption of these masks, stating that the reduced out-of-
band emissions would facilitate tighter spacing of wireless microphones 
operating together within a TV channel.
    134. The Commission also proposes to require that unlicensed 
wireless microphones comply with the Sec.  15.209 emission limits 
outside the frequency range where the ETSI masks are defined (one 
megahertz above and below the wireless microphone carrier frequency). 
The Commission further proposes that emissions would not have to be 
attenuated below the limits in Sec.  15.209, even if the ETSI mask 
would require greater attenuation.
    135. The Commission seeks comment on these proposals. In 
particular, it seeks comment on the benefits of requiring unlicensed 
wireless microphones to comply with the ETSI limits, and whether these 
benefits would outweigh the costs. Are these limits necessary to 
protect authorized services in adjacent frequency bands? To what extent 
would compliance with the proposed limits improve spectrum sharing by 
wireless microphones? Would equipment manufacturers have difficulty in 
complying with these limits? Do any existing wireless microphones 
already comply with them? Are the Sec.  15.209 emission limits 
appropriate beyond the range where the ETSI masks are defined, or 
should the limit at the outer edges of the ETSI masks (-90 dBc) apply 
at frequencies more than one megahertz removed from the wireless 
microphone carrier frequency? The Commission also seeks comment on 
whether it should specify separate emission masks for analog and 
digital microphones, or whether a single mask is sufficient. For 
example, ETSI EN 300 422-1 suggests that its mask for digital 
microphones could also be used for analog microphones. Should the 
Commission incorporate the ETSI standard by reference into the rules, 
or should it simply specify the emission mask(s) in the part 15 rules?
    136. Reducing the required separation distance between wireless 
microphones and co-channel television stations could increase the 
number of locations where wireless microphones could operate. The 
Commission seeks comment on whether it could reduce the proposed four 
kilometer separation distance, which was calculated using a power level 
of 4,000 milliwatts. Is this a realistic assumption for the combined 
power level of multiple wireless microphones operating within a 
television channel? Should we assume a lower power level? If so, what 
is the appropriate power level and separation distance? How much would 
a shorter separation distance benefit wireless microphone users?
    137. Finally, the Commission seeks comment on whether any other 
technical requirements need to be specified for unlicensed wireless 
microphones. For example, the part 74 rules for low power auxiliary 
stations have additional requirements for wireless microphones 
including a maximum frequency deviation specification when frequency 
modulation is used. Additionally, part 74 states that a transmitter may 
be either frequency synthesized or crystal controlled. The Commission 
seeks comment on whether these or any other

[[Page 69729]]

requirements should be incorporated into the part 15 rules for wireless 
microphones.
2. 600 MHz Guard Bands and Duplex Gap
a. Unlicensed Wireless Microphones
    138. Unlicensed wireless microphones will be permitted to operate 
in the 600 MHz Band Plan guard bands, including the duplex gap. The 
Commission proposes to require that unlicensed wireless microphones 
that operate in the guard bands and duplex gap meet many of the same 
technical requirements that it proposes in this NPRM for unlicensed 
wireless microphones that operate in the TV bands. Specifically, the 
Commission proposes the same definition of wireless microphone, since 
it believes that we should have a uniform definition for unlicensed 
wireless microphones regardless of the bands in which they operate. The 
Commission also proposes to require that unlicensed wireless 
microphones that operate in the guard bands and duplex gap comply with 
the same channelization, bandwidth, frequency stability and emission 
mask requirements as wireless microphones that operate in the TV bands. 
These requirements are necessary in the guard bands and duplex gap as 
well as the TV bands to enable more efficient use of spectrum and 
prevent harmful interference to authorized services outside the bands 
where wireless microphones operate. The Commission seeks comment on 
these proposals.
    139. Frequencies of operation. The Commission proposes to allow 
unlicensed wireless microphones to operate in certain segments of the 
guard bands and duplex gap. Specifically, it proposes to allow 
unlicensed wireless microphones to operate in the same six megahertz 
portion of the duplex gap as white space devices. In the guard band 
between television and wireless downlink spectrum, the Commission 
proposes that unlicensed wireless microphones may operate across the 
guard band with the exception of a one megahertz segment at the upper 
end that would act as a buffer between unlicensed wireless microphone 
operations and wireless downlink services. As with white space devices, 
the amount of spectrum available for wireless microphone operation in 
the guard band would depend on the size of the guard band and amount of 
frequency separation needed to protect wireless services from harmful 
interference. For example, if the guard band is 11 megahertz wide, 
unlicensed wireless microphones would be allowed to operate in the 
lower ten megahertz segment of the band; if the guard band is nine 
megahertz wide, unlicensed wireless microphones would be allowed to 
operate in the lower eight megahertz segment; and if the guard band is 
seven megahertz wide, unlicensed wireless microphones would be allowed 
to operate in the lower six megahertz segment. The Commission seeks 
comment on the amount of frequency separation needed between wireless 
microphones and wireless services in the adjacent bands in the duplex 
gap and guard bands. In the three megahertz guard bands adjacent to 
channel 37, the Commission proposes to allow unlicensed wireless 
microphones to operate in the two megahertz segment closest to channel 
37, leaving a one megahertz buffer to protect wireless downlink 
services adjacent to these guard bands. The Commission seeks comment on 
these proposals.
    140. Power limits. The Commission proposes that unlicensed wireless 
microphones operating in the guard bands and duplex gap operate with a 
maximum conducted power output of 20 milliwatts to the antenna. This is 
less than the 50 milliwatt power level it proposed for unlicensed 
wireless microphones in the TV bands, but would still be useful by 
wireless microphone operators, since many wireless microphones operate 
at power levels between 10 and 20 milliwatts. The Commission believes 
that this lower power limit for wireless microphones is necessary in 
the guard bands and duplex gap to protect licensed wireless services 
outside these frequency bands. In addition, since the Commission is 
proposing that white space devices can operate in the guard bands and 
duplex gap at power levels of 40 milliwatts, limiting the power of 
unlicensed wireless microphones can help enable coexistence between 
unlicensed wireless microphones and white space devices by making both 
types of devices operate at more comparable power levels. Wireless 
microphones operate in 200 kilohertz channels as opposed to the six 
megahertz (6000 kilohertz) channels used by white space devices, and as 
many as 16 wireless microphones potentially could operate in the same 
amount of spectrum as a single white space device. Thus, the aggregate 
wireless microphone power within a six megahertz channel can be greater 
than a white space device power within a six megahertz channel. The 
Commission recognizes that even at our proposed lower power level for 
unlicensed wireless microphones in the guard bands and duplex gap, 
there would still be a disparity between the aggregate power for 
wireless microphones and the power for white space devices, but the 
lower power level we propose for wireless microphones in these bands 
would reduce this disparity.
    141. The Commission seeks comment on the proposed power level for 
unlicensed wireless microphones. Is this power level useful for 
unlicensed wireless microphones? Will it provide adequate protection 
for wireless uplink and downlink services as well as TV broadcasting 
services? How would the power limit for unlicensed wireless microphones 
impact the ability of a white space device to operate co-frequency in 
the duplex gap, i.e., would the operation of one device preclude the 
operation of the other? Should the proposed power level be reduced 
further to allow for better coexistence between unlicensed wireless 
microphones and white space devices? Alternatively, could the proposed 
power level be increased without causing interference to authorized 
services or adversely affecting white space operations?
    142. Database access. The Spectrum Act states that the Commission 
may permit unlicensed use of the guard bands, and stipulates that (a) 
unlicensed use shall rely on a database or subsequent methodology as 
determined by the Commission, and (b) the Commission may not permit any 
use of a guard band that the Commission determines would cause harmful 
interference to licensed services. The Commission's part 15 rules 
already require that unlicensed devices not cause harmful interference 
to and must accept interference from authorized users. In this NPRM, 
the Commission proposes and seek comment on technical and operational 
rules for unlicensed wireless microphones in the guard bands and duplex 
gap that would satisfy the requirements of both the Spectrum Act and 
our rules that unlicensed wireless microphones not cause harmful 
interference to authorized services.
    143. Unlike fixed and personal/portable white space devices that 
are required to comply with rules that clearly satisfy the Spectrum 
Act's stipulation that ``unlicensed use shall rely on a database,'' 
wireless microphones do not operate in a similar way to ``rely on a 
database.'' Nonetheless, the Commission proposes that unlicensed 
wireless microphones that operate in the guard bands and duplex gap 
must ``rely on a database'' prior to operation to ensure that their 
intended operating frequencies are

[[Page 69730]]

available for unlicensed wireless microphones at the location where 
they will be used. The Commission believes this proposed requirement is 
necessary because during the post-auction transition period, there will 
be a time when TV stations continue to operate in spectrum that will 
eventually become the guard bands and duplex gap, so the database will 
indicate to users whether operation is permitted in the guard bands and 
duplex gap. Also, there may be market variation in the amount of 
spectrum recovered, so the frequency and size of the guard band between 
TV and wireless downlink spectrum may differ in different parts of the 
country. Thus, the database can indicate which spectrum is available 
for unlicensed wireless microphones at a particular location. The 
Commission believes that this requirement is not unduly burdensome 
because there are several white space databases available, and 
unlicensed wireless microphone users will have an incentive to check a 
database to identify available frequencies for their use. The 
Commission seeks comment on this proposal.
    144. The Commission seeks comment on how unlicensed wireless 
microphones would comply with the Spectrum Act's stipulation that the 
devices rely on a database or subsequent methodology. For example, 
could wireless microphones be designed to access directly a database 
through an Internet connection and download a list of available 
frequencies of operation in the same manner as white space devices? 
Would such an approach be practical, and would it add cost and 
complexity to wireless microphones? Would requiring users of unlicensed 
wireless microphones to manually check a database through another 
device, e.g., a laptop or smart phone, to get a list of available 
frequencies of operation comply with the Act's stipulation ``to rely on 
a database'' and ensure that the devices operate only in permissible 
frequency bands? Alternatively, would manual database checking be a 
``subsequent methodology'' which is permitted by the Spectrum Act in 
lieu of a database? Are there alternative methodologies that could be 
used in compliance with the Act? The Commission notes that after the 
end of the post-auction transition period, the duplex gap would be 
cleared of all broadcasters and would be uniform nationwide. Would 
designating a nationwide six megahertz block of spectrum in the duplex 
gap exclusively for unlicensed operation constitute a ``subsequent 
methodology'' under the Spectrum Act, and therefore eliminate the need 
for a database access requirement for both white space devices and 
wireless microphones?
b. Licensed Wireless Microphones in the Duplex Gap
    145. The Commission proposes to require that licensed wireless 
microphones operating in the duplex gap comply with the same technical 
requirements described for unlicensed wireless microphones in the guard 
bands and duplex gap, with the following two exceptions. First, the 
Commission proposes that the permissible frequencies of operation would 
be limited to the four megahertz segment of the duplex gap which it 
proposes to designate for licensed wireless microphone use. Second, the 
Commission is not proposing to require licensed users to access a 
database before beginning operation because it does not believe such a 
requirement is necessary. At the end of the post-auction transition 
period, the duplex gap will be cleared of all broadcast operations, 
including low power TV and translator stations, and the duplex gap will 
be uniform nationwide. Thus, there will be no need for database access 
to determine whether the four megahertz segment of the duplex gap is 
available. During the post-auction transition period, however, a 
licensed wireless microphone user may need to determine whether the 
duplex gap is available in an area. The Commission believes that 
broadcaster and cable programming network entities that will be 
licensed to operate in the duplex gap are sophisticated users that are 
capable of determining whether the duplex gap is available at their 
location. Thus, the Commission does not believe it necessary to propose 
rules requiring licensed users of the four megahertz segment of the 
duplex gap to access a database to determine frequency availability. 
Since we are proposing to limit operation in this four megahertz 
segment to licensed users, there is no statutory requirement that use 
must rely on database access or a subsequent methodology determined by 
the Commission. The Commission seeks comment on these proposals. The 
Commission also seeks comment, regarding the splitting of the duplex 
gap, whether licensed wireless microphones could protect wireless 
services in the adjacent band from harmful interference.
3. Repurposed 600 MHz Band
    146. In the Incentive Auction R&O, the Commission decided to permit 
wireless microphone users to continue to operate in the 600 MHz Band 
during the Post-Auction Transition Period subject to certain 
conditions. Specifically, wireless microphone users must cease 
operations in the 600 MHz Band if they cause harmful interference to 
any 600 MHz licensee's operations, and they must accept interference 
received from these operations. The Commission also decided that all 
wireless microphone operations must be transitioned out of the 600 MHz 
Band no later than the end of the Post-Auction Transition Period, which 
will be 39 months after the issuance of the Channel Reassignment PN. 
The Commission did not adopt any specific criteria to prevent harmful 
interference from wireless microphones to 600 MHz Band licensees, such 
as minimum separation distances from a co-channel wireless licensee's 
service area.
    147. The Commission proposes that both licensed and unlicensed 
wireless microphones operating in the repurposed 600 MHz Band during 
the Post-Auction Transition Period comply with minimum separation 
distance requirements to prevent harmful interference to 600 MHz Band 
licensees. The Commission believes that protection requirements are 
necessary because wireless microphones could cause harmful interference 
to 600 MHz Band equipment (e.g., handsets) while not receiving any 
interference since 600 MHz Band equipment transmits and receives on 
different frequencies. Thus, the wireless microphone operator may be 
unaware that it is causing harmful interference, and the party 
receiving the harmful interference may be unaware of its source.
    148. The Commission proposes to protect 600 MHz Band licensees from 
harmful interference from wireless microphones using the same criteria 
we propose to protect 600 MHz Band licensees from harmful interference 
from white space devices. Specifically, the Commission proposes to 
require that wireless microphones operate at the same distance outside 
a 600 MHz Band licensee's service area as white space devices operating 
with a power of 4,000 milliwatts EIRP and an antenna height of three 
meters above average terrain. This is similar to the approach the 
Commission used in the Incentive Auction R&O to determine the minimum 
separation distance between wireless microphones and the protected 
contour of co-channel television stations. In that case, the Commission 
based its determination on a power level significantly higher than a 
single wireless microphone since multiple wireless microphones can 
operate in a single six megahertz channel. It used the

[[Page 69731]]

three meter antenna height above average terrain because that height is 
used in determining the separation distances for portable white space 
devices, and wireless microphones are also portable devices. Are the 
proposed protection distances appropriate, or do we need to increase or 
decrease them? The Commission seeks comment on this proposal.
    149. The Commission also seeks comment on how best to implement the 
proposed separation distances. The Commission is proposing that the 
white space databases include information on the geographic areas and 
frequency bands where 600 MHz Band licensees have commenced operation. 
This information will be used to ensure that white space devices 
operate sufficiently far outside a licensee's service area to prevent 
harmful interference, and could also be used to ensure that wireless 
microphones operate sufficiently far outside a licensee's service area. 
Is there a need to require unlicensed wireless microphone users to 
check a database to ensure that they are outside a wireless licensee's 
service area, or are the general non-interference requirements 
described in the Incentive Auction R&O sufficient to protect 600 MHz 
Band licensees? Wireless microphone users would most likely access the 
databases through an Internet connection separate from the microphone 
since, during the post-auction transition period, users will likely 
continue to use microphones certified under current part 74 rules which 
are not designed to access the white space databases. How often should 
unlicensed wireless microphone users be required to check the database 
to determine whether a licensee has commenced operation? Should there 
be a time limit on how far in advance of an event a wireless microphone 
user can check the database? Are the timing intervals that we propose 
below for white space devices appropriate for wireless microphones to 
check for 600 MHz licensees that have commenced operation? Would the 
white spaces database administrators have to make any changes to their 
databases to allow unlicensed wireless microphone users to check 
whether they comply with the proposed separation distances? If so, what 
costs would be incurred and who would pay the costs? If any commenters 
believe the general non-interference requirements described in the 
Incentive Auction R&O are sufficient to protect 600 MHz Band licensees 
during the post-auction transition period, they should explain how 
interference would be resolved, by whom, and what mechanism would be 
used to identify interference sources.

C. White Spaces Databases

1. Expanding Location/Frequency Information in Database
a. WMTS
    150. Authorized health care providers are authorized by rule to 
operate transmitters in the WMTS. Although the Commission does not 
issue individual licenses in this service, it does require that 
authorized health care providers that use WMTS devices must register 
the devices with a Commission-designated frequency coordinator prior to 
operation. The registration program assists users in meeting their 
obligation to cooperate in selecting and using frequencies to reduce 
the potential for interference with each other or co-primary RAS 
operations. ASHE/AHA, the Commission-designated WMTS frequency 
coordinator, has contracted with Comsearch to develop and maintain the 
WMTS database. WMTS users pay fees to ASHE/AHA and Comsearch to 
register their systems.
    151. Some of the information already in the WMTS database, e.g., 
the geographic coordinates of the transmitters operating on Channel 37, 
is the same type of information needed to protect the WMTS from 
interference by white space devices operating on channel 37 and in the 
adjacent bands, which would be either three megahertz guard bands or 
channels 36/38, depending on the outcome of the incentive auction. 
Specifically, we propose to include in the white spaces databases the 
following information obtained from the WMTS database for each WMTS 
device registration on channel 37:
    (1) Frequency of operation (i.e., channel 37),
    (2) Geographic coordinates of transmitters, and
    (3) Cross reference to the registration in the WMTS database (e.g., 
record number).
    152. The Commission believes that the number of WMTS transmitters 
at a location is not needed by the white spaces database since a white 
space device would have to meet the same distance separation 
requirements whether there is a single or many WMTS transmitters at a 
health care facility. We propose to require that a record for a WMTS 
operating location in the white spaces database include a cross 
reference to the corresponding information in the WMTS database, such a 
unique record identification number. The Commission believes that this 
requirement is necessary because the WMTS does not require individual 
licensing, so there are no call signs that could be used to cross-
reference information between databases. Since it is only proposing to 
require the minimum information in the white spaces database necessary 
to determine if a device meets the required separation criteria from 
WMTS operating locations, we need to be able to reference the more 
detailed information in the WMTS database if there are questions 
concerning data accuracy or if interference occurs.
    153. The Commission believes that using data from the WMTS database 
in the white space databases is preferable to requiring authorized 
health care providers to register in both databases. A duplicative 
registration requirement would be burdensome for WMTS users, could 
result in discrepancies in the data in both databases, and could delay 
populating the white space databases with the information necessary to 
protect WMTS users. The Commission also recognizes concerns raised by 
parties in the incentive auction proceeding that information in the 
WMTS database may be missing or imprecise. For example, although 
location information in the WMTS database may be sufficient for WMTS 
coordination purposes, that information may need to be updated before 
it could be used by the white space databases to determine interference 
protection distances. The Wireless Telecommunications Bureau (WTB), 
under delegated authority to oversee the WMTS coordinator and in 
conjunction with OET which has delegated authority to oversee the white 
spaces database administrators, would work with ASHE/AHA to accomplish 
this task under the terms of the MOU it has executed with ASHE/AHA for 
this purpose. OET also would work with ASHE/AHA and Comsearch to 
develop procedures to transfer the necessary information to the white 
spaces databases in a compatible format. The Commission emphasizes that 
under the current rules, all parties that operate WMTS equipment are 
already required to register with the WMTS coordinator. OET plans to 
work with ASHE/AHA and other parties as necessary to remind hospitals 
and other health care providers that use WMTS equipment of their 
obligation to register with the designated frequency coordinator and to 
ensure that such registration information is accurate.
    154. The Commission seeks comment on these proposals. In 
particular, it seeks comment on the use of information from the WMTS 
database to protect the WMTS in the white spaces databases. Is the 
information we

[[Page 69732]]

proposed for inclusion in the white spaces database adequate, or is 
additional information necessary? What steps would ASHE/AHA and 
Comsearch have to take to modify the data in the WMTS database or the 
database functions to transfer data to the white spaces databases on a 
regular basis? How long would these modifications take, what costs 
would be incurred, and how would those costs be recovered? Are there 
any steps we can take to ensure the accuracy of the WMTS information? 
For example, could we allow the specification of multiple points to 
define a bounded area around a large facility that uses the WMTS as 
opposed to specifying a single point? If so, how could that be 
accomplished? Should we require ASHE/AHA to add more detailed location 
information to its database that would be transferred to the white 
spaces databases?
b. Radio Astronomy Service (RAS)
    155. The current white space rules list the locations of 14 radio 
astronomy sites and require that all fixed and personal/portable 
devices operate at least 2.4 kilometers away from them. The 12 
locations where the RAS receives on channel 37, specifically, the 
Arecibo Observatory, the Green Bank Telescope, and the ten sites that 
comprise the VLBA, are included in this list. Therefore, these 
locations are already in the white spaces database since they are 
protected under the current rules. However, the required 2.4 kilometer 
separation distance from these sites was based on the assumption that 
white space devices do not operate on channel 37. The Commission is 
proposing to allow white space device operation on channel 37, and 
proposing protection criteria for the RAS receive sites that receive 
channel 37 to protect them from interference. The white spaces database 
administrators would need to make two changes to their systems as a 
result of the proposed rules. First, they would have to require that 
white space devices meet separation distances greater than 2.4 
kilometers from the ten VLBA sites. Second, they would have to include 
information on the quiet zones at Green Bank and the islands of Puerto 
Rico where white space devices may not operate. The Commission seeks 
comment on whether any other changes to the database would be required.
    156. The other two RAS sites listed in Sec.  15.712(h)(3) (the 
Allen Telescope Array and the Very Large Array) do not receive signals 
in the TV bands or the 600 MHz Band. The Commission is therefore 
proposing to delete them from the list of sites in this section. The 
Commission seeks comment on this proposal.
c. 600 MHz Band Services
    157. In the Incentive Auction R&O, the Commission decided to permit 
the continued operation of white space devices on repurposed spectrum 
except in those areas in which a 600 MHz Band licensee commences 
operations. Recognizing that new licensees would likely commence 
operations at different places within their licensed service area at 
different times depending on their business plans and other factors, 
the Commission concluded that since white space devices can operate 
only on channels identified in the white spaces databases, these 
databases can serve to ensure that unlicensed operations will no longer 
occur on a channel on which a licensee has commenced operations. It 
stated that when a 600 MHz Band licensee plans to commence operations 
on frequencies that include channels available for unlicensed 
operations under the rules for white space devices, that licensee can 
notify any of the white spaces database administrators when and where 
it plans to commence operations. The Commission noted that, as an 
example, the white spaces databases could include the coordinates of 
four corners of a polygon that corresponds to the area where the 600 
MHz Band licensee has commenced operations, and thus prevent operation 
of white space devices on the channel(s) used by the licensee within 
the defined area.
    158. The Commission proposes to require that TV bands database 
administrators store information on the locations where 600 MHz Band 
licensees commence operations in a similar fashion to the example that 
the Commission discussed in the Incentive Auction R&O. Specifically, it 
proposes that the database administrators allow 600 MHz band licensees 
to enter the coordinates of at least eight points representing the 
corners of a polygon of the minimum size necessary to encompass all 
base stations within the area where a licensee is commencing 
operations, as well as the frequencies that a licensee will use in the 
specified area. The white spaces databases will use this information 
along with the protection criteria proposed in this NPRM to ensure that 
white space devices operate at a sufficient distance outside the border 
of the defined polygon to prevent interference to wireless services. 
The Commission is proposing to base the size of the polygon on the 
minimum size necessary to encompass base stations, since the proposed 
protection criteria for both wireless uplinks and downlinks are based 
on a minimum distance from base stations.
    159. The Commission proposes that wireless licensees specify a 
polygon with a minimum of eight sides rather than four as the 
Commission previously suggested, and that a TV bands database be 
capable of accepting up to 120 points to delineate the wireless 
carrier's area of operation. This is the maximum number of points that 
a licensee may enter when partitioning a license area. This approach 
would provide wireless carriers with sufficient flexibility to describe 
different areas of operation. They could enter the coordinates of 
multiple polygons in cases where it plans to commence service in 
multiple non-contiguous areas. They also could specify shapes more 
complex than an eight-sided polygon to designate an area that includes 
irregular boundaries, such as PEA boundaries so that the protected area 
in the database stops at the edge of a carrier's licensed area.
    160. The Commission seeks comment on these proposals. In 
particular, it seeks comment on whether a polygon with a minimum of 
eight sides is the appropriate method for defining the area where a 
licensee has commenced service. The Commission also seeks comment on 
whether it is necessary to allow for polygons with up to 120 sides. 
Would such a requirement be difficult for the database administrators 
to implement? The Commission further seeks comment on how the database 
should handle situations where a licensee is providing service up to 
the boundary of its licensed PEA. Should the database contain 
information on PEA boundaries so a licensee does not need to enter 
them? How difficult would it be for the database administrators to add 
that capability?
    161. The Commission proposes that a 600 MHz Band licensee enter the 
date it plans to commence operations when it registers a polygonal area 
and operating frequencies with the TV bands database. It also proposes 
that the white space database administrators provide to the other 
database administrators on a daily basis the data registered by 600 MHz 
licensees, as they do for other services. Requiring the database to 
include the date for commencing operations will allow a licensee to 
define its operations area well in advance without limiting the ability 
of white space devices to operate until the actual date when the 600 
MHz wireless licensee commences operation. The database will disregard 
the registration information prior to the service commencement date 
when determining which channels are available for white

[[Page 69733]]

space devices. Some licensees may not wish to make available details of 
their intended plans far in advance, and they could register their 
information closer to the actual date when they intend to commence 
operations. In doing so, they should keep in mind the time period 
needed for the white space databases to share information and the 
frequency with which white space devices are required to check for 
available channels.
d. Private Land Mobile Radio Service (PLMRS)
    162. The Commission is proposing to modify the information required 
to be included in the white spaces databases for PLMRS/CMRS base 
station operations located more than 80 kilometers from the geographic 
centers of the 13 metropolitan areas defined in Sec.  90.303(a) of the 
rules (e.g., in accordance with a waiver). Section 15.713(h)(4) 
currently requires that the database include the transmitter location, 
effective radiated power, antenna height above ground and average 
terrain, and call sign for each PLMRS/CMRS base station. These stations 
are protected to a distance of 54 kilometers from co-channel white 
space devices, and 51 kilometers from adjacent channel white space 
devices. However, Sec.  15.713(h)(4) does not require the database to 
include the TV channel number on which the PLMRS/CMRS station operates, 
which is information that needs to be included in the database to 
determine when a station needs protection. In addition, there does not 
appear to be any need to include the effective radiated power or 
antenna heights above ground and average terrain for each base station 
in the database. The protection criteria for base station is based on a 
geographic separation from the transmitter location, and the power and 
antenna height information are not necessary for the database to 
calculate the separation distance. Accordingly, the Commission proposes 
to modify Sec.  15.713(h)(4) to require the TV bands database to 
include the TV channel number on which a PLMRS/CMRS base station 
operates, and to remove the requirement to include effective radiated 
power and antenna height information. The Commission seeks comment on 
this proposal.
e. Canadian and Mexican Stations Information
    163. Because white space devices operate in the same frequency 
bands and on the same channels as TV stations in Canada and Mexico, the 
Commission is sensitive to the need to avoid causing harmful 
interference to TV broadcast operations in those countries. To this 
end, we committed to discussing with Canada and Mexico how we could 
include in our white space databases information on Canadian TV 
stations in the border areas that need to be protected. Currently, the 
Commission receives this information from Canada and passes it on to 
our white space database administrators who protect these locations. 
The Commission is discussing with Canada, which is moving ahead with 
its own program to permit white space devices on vacant TV channels, 
how best to have the Canadian and U.S. database administrators share 
information about stations in each country that need to be protected in 
the border areas. Some of these facilities may be receive sites that 
are not listed in Commission or Canadian government licensing 
databases, and the operators of the receive sites directly register 
their location information with the databases. The Commission seeks 
comment on how best to accomplish this objective. Should we require our 
database administrators to share this information directly with 
Canadian database administrators, or should the Commission be the 
conduit for passing this information to the Canadian database 
administrators?
2. Changes to Database Procedures
a. Wireless Microphones
    164. Under the current rules, part 74 licensees operating Low Power 
Auxiliary Service (LPAS) equipment, including wireless microphones, may 
register their operating locations, channels and times in the white 
spaces database. The white spaces database protects these registered 
locations by requiring fixed devices to operate at least one kilometer 
from them and requiring personal/portable devices to operate at least 
400 meters from them. Licensees may register their information directly 
with any one of the designated white space database administrators, and 
the information is then shared with all the other database 
administrators. In addition, parties operating large numbers of 
wireless microphones on an unlicensed basis are also allowed to 
register their operating locations in the white spaces database under 
certain circumstances. These registered locations are given the same 
protection from white space devices as licensed LPAS operations. 
Registration of unlicensed wireless microphones is limited to venues of 
events and productions and shows that use large numbers of microphones 
that cannot be accommodated in the two reserved channels and other 
channels that are not available for use by white space devices at a 
specific location.
    165. The Commission proposes to eliminate the part 15 rule that 
permits unlicensed wireless microphone users to register the operating 
locations, channels and times in the white spaces databases to protect 
these operations from possible interference from white space devices. 
Thus, unlicensed wireless microphones would no longer be permitted to 
register their operations in the TV bands, as well as in the 600 MHz 
Band Plan guard bands or duplex gap. The Commission seeks comment on 
this proposal.
    166. The Commission makes this proposal in part due to our recent 
decision to adopt the TV Bands Wireless Microphones Second R&O, 79 FR 
40680 (July 14, 2014), in which we expanded eligibility for part 74 
LPAS licenses to include professional sound companies and the owners 
and operators of large venues that routinely use 50 or more wireless 
microphones, and to permit these eligible entities to register directly 
in the TV bands database, provided that they obtain a license. The 
Commission notes that the goal in both the TV Bands Wireless 
Microphones Second R&O and in the TV White Spaces Second MO&O, 75 FR 
75814 (December 6, 2010), in which the Commission adopted rules 
permitting unlicensed users to register in the TV bands database, was 
to ensure that entities requiring a large number of wireless 
microphones are able to register in the TV bands database. Commenters 
should address the extent to which this decision to expand license 
eligibility in the TV Bands Wireless Microphone Second R&O obviates the 
need for unlicensed wireless microphone users at ``venues of events and 
productions/shows that use large numbers of wireless microphones'' to 
register in the TV bands database.
    167. The Commission also makes this proposal in part because in 
this NPRM we are proposing other ways that unlicensed microphones would 
operate on an equal basis with white space devices in the TV bands, the 
600 MHz guard bands, and the portion of the duplex gap where we would 
allow unlicensed operation. For example, we propose technical rules 
(e.g., power limits) for unlicensed microphones that are similar to 
those applicable to white space devices, thus reducing the potential 
for interference between these different uses. The Commission also 
proposes that unlicensed wireless microphones operating in the 600 MHz 
Band guard bands and duplex gap must contact the white spaces databases 
prior to operation to ensure that their

[[Page 69734]]

intended operating frequencies are available for unlicensed wireless 
microphones at the location where they will be used. Under the part 15 
rules the Commission proposes to adopt, unlicensed wireless 
microphones, would operate under the same general conditions of 
operation as white space devices, meaning they may not cause 
interference to authorized services and must accept any interference 
received, including interference from other unlicensed devices.
b. White Space Device Re-Check Interval and Databases' Sharing of 
Registration Information
    168. White space devices are required to re-check the database at 
least once per day to obtain the list of available TV channels at the 
location where the device operates. If a device is unable to make 
contact with the database on any given day, it may continue to operate 
until 11:59 p.m. on the following day, at which time it must cease 
operation until it re-establishes contact with the database. The 
Commission established these timeframes because most protected services 
listed in its databases do not change on a frequent basis. Further, 
since the Commission provides updated data to the white spaces database 
administrators only once every weekday, there is generally no need for 
white space devices to recheck the database more frequently than once 
per day.
    169. The only protected use for which database information 
generally changes more frequently than once daily is wireless 
microphones. A wireless microphone user may register with a single 
white spaces database, and that database must then share the 
registration information with the other databases. The rules require 
such sharing to be done at least once daily, or more often as 
appropriate. The Commission established two reserved television 
channels where white space devices cannot operate to ensure that there 
would be spectrum available for wireless microphones used in 
applications such as electronic news gathering for which it is not 
possible to register the operating location in the database at least 24 
hours in advance.
    170. To ensure that wireless microphones used in applications such 
as electronic newsgathering receive protection in a timely manner, the 
Commission proposes two improvements--an increase in the frequency at 
which white space devices must re-check the database, and a limit on 
the time required for an LPAS registration made in one white spaces 
database to appear in all other white spaces databases. Specifically, 
it proposes to amend Sec. Sec.  15.711(b)(3)(i) and 15.711(b)(3)(ii) of 
the rules to require fixed and Mode II personal/portable white space 
devices to re-check the database at time intervals not to exceed 20 
minutes. The Commission also proposes to eliminate Sec.  
15.711(b)(3)(iii) which allows a white space device to continue 
operating until 11:59 p.m. on the following day if it cannot establish 
contact with the database. The Commission proposes to amend Sec.  
15.715(l) of the rules to require database administrators to share 
registration information between databases within ten minutes. The 
effect of these two proposals will be to ensure that a white space 
device ceases operation on a channel used by a wireless microphone 
within 30 minutes after a new registration is entered into the 
database. This 30 minute time interval is consistent with previous 
requests by NAB and Shure.
    171. The Commission previously considered and rejected requests by 
wireless microphone manufacturers and users to establish a shorter re-
check interval than the current 24 hours specified in the rules. In 
rejecting these requests, the Commission noted the steps it had taken 
to ensure that adequate spectrum in the TV bands remains available for 
licensed itinerant wireless microphone users by prohibiting personal/
portable devices from operating below channel 21, designating two 
channels in each market from among channels 14-51 where white space 
devices cannot operate, and prohibiting fixed devices from operating 
adjacent to occupied television channels.
    172. It is now appropriate to revisit the Commission's earlier 
decision that retained a 24-hour database re-check interval. In the 
Incentive Auction R&O, the Commission decided to no longer designate 
two vacant television channels exclusively for wireless microphone use. 
In making this change, the Commission stated that it also planned to 
make significant improvements to the white spaces databases to help 
address the concerns of wireless microphone users and accommodate their 
needs for access to available unused television channels, free from 
interference from unlicensed devices. There are now multiple white 
spaces databases in operation, and our experience with them has 
demonstrated that a channel re-check can be done very rapidly, so it 
does not appear that more frequent database checks would be unduly 
burdensome.
    173. The Commission seeks comment on our proposals. In particular, 
it seeks comment on whether 20 minutes is an appropriate re-check 
interval, or whether the interval should be longer or shorter. The 
Commission also seeks comment on how a white space device should 
respond in the event that it cannot contact a database at the specified 
re-check interval. Should the device simply be required to cease 
transmitting, or should it be permitted to operate for a longer time so 
it can retry contacting the database? How much more time should be 
permitted, if any?
    174. In addition, the Commission seeks comment on the 
appropriateness of the proposed ten minute time limit for sharing 
information between databases. Section 15.715(l) requires the sharing 
of registration information for fixed devices and MVPD receive sites in 
addition to wireless microphones. We seek comment on whether there is a 
need to require faster sharing of these other types of registration 
information, or whether any new requirements should apply only to 
wireless microphones.
    175. Sections 15.711(b)(3)(i) and (ii) require that a fixed or 
personal/portable white space device that accesses the database must 
obtain wireless microphone scheduling information for a 48 hour period 
beginning from the time that the device accesses the database for a 
list of channels. This requirement is necessary because a white space 
device is only required to access the database once every 24 hours, and 
it may continue to operate for an additional 24 hours if it is unable 
to contact the database. However, if we require white space devices to 
contact the database every 20 minutes, it appears that this 48 hour 
time period could be reduced. The Commission proposes to require that a 
white space device must obtain wireless microphone scheduling 
information for a period of 60 minutes beginning from the last time it 
accesses a database. The Commission seeks comment on this proposal.
    176. Finally, the Commission believes that these proposals, if 
adopted, should provide assurance to wireless microphone users that 
they will be able to access channels when and where they need them on 
short NPRM, without having to reserve multiple channels for every day/
all day over extensive time periods. On several occasions we have seen 
microphone registrations that have been abusive of our rules and their 
intent to provide a fair opportunity for all microphone and white space 
device users to access available channels and make the most efficient 
use of spectrum. The Commission seeks comment on

[[Page 69735]]

whether there are other steps it should take to curb such abusive 
practices.
c. Database Registration and Fees
    177. Under the current part 15 rules, fixed white space devices 
must register with the white space databases, providing the geographic 
coordinates, antenna height and certain identifying information. The 
Commission proposes to clarify its rules to ensure that fixed white 
space devices register with the databases if they would operate not 
only in TV bands but also in the repurposed 600 MHz Band, the guard 
bands and duplex gap, and Channel 37. The Commission also proposes to 
modify our rule that permits the white spaces database administrators 
to charge a fee for providing lists of available channels to white 
space devices and to register fixed white space devices to clearly 
state that this rule provision applies to white space devices that 
would operate in the TV bands, the repurposed 600 MHz Band, the 600 MHz 
guard bands, including the duplex gap, and Channel 37. The Commission 
also proposes that, if it adopts the proposal in this NPRM that 
unlicensed wireless microphones operating in the 600 MHz guard bands 
and duplex gap must contact the white spaces databases to identify 
operating frequencies available for their use, the database 
administrators may charge a fee for providing this information. The 
Commission seeks comment on these proposals.
    178. The Commission permits the database administrators to assess 
fees to support the creation and operation of the databases, and these 
fees may be imposed on the operators of the white space devices in 
order to access the database and/or on the manufacturers of the white 
space devices. The Commission believes that both white space devices 
and unlicensed wireless microphones in the 600 MHz guard bands and 
duplex gap should be equally responsible for supporting the ongoing 
operation of the databases. Both types of uses benefit equally from the 
information provided by the databases. Should wireless microphone users 
also register their devices in the white space databases? Should 
database administrators assess a fee for microphone registration, as 
they do with fixed white space devices? Would a registration program 
facilitate the assessment of fees for obtaining channel lists? 
Commenters should address the feasibility of assessing database fees on 
unlicensed wireless microphone operators or manufacturers.
    179. Regarding the registration of fixed white space devices in the 
white space databases, the Commission has stated that devices that do 
not check the database for three months to update their channel lists 
will be removed from the databases, but it did not codify this 
requirement. Fixed devices that are re-registered later would be 
subject to a new registration fee. The Commission seeks comment on 
whether it should continue this requirement, and whether it should 
apply to wireless microphones if we adopt a similar registration 
requirement for them. What purpose is served by removing a fixed device 
registration if it has not updated its channel list over a certain 
period of time? In this NPRM, the Commission is proposing to 
significantly increase the frequency for white space devices to re-
check the database for a list of available channels. If the Commission 
continues this requirement, is a three month inactive period 
appropriate?

D. Equipment Certification and Marketing

    180. Most part 15 intentional radiators, including white space 
devices and wireless microphones, must be authorized through the 
certification procedure before they can be imported into or marketed 
within the United States. Part 74 wireless microphones must also be 
authorized through the certification procedure. This procedure requires 
the filing of an application with either the Commission or a designated 
Telecommunications Certification Body (TCB) that includes test data 
demonstrating that the device complies with the appropriate technical 
rules. A grant of equipment certification does not normally specify an 
importation or marketing cutoff date, so it remains valid indefinitely 
unless revoked or withdrawn, rescinded, surrendered, or a termination 
date is otherwise established by the Commission.
    181. The Commission is proposing rule changes in this NPRM that 
would give greater flexibility for fixed and personal/portable white 
space device operation in the TV bands. The majority of these changes 
are permissive, meaning that manufacturers of approved white space 
devices are not required to incorporate them into their equipment. 
However, the proposed requirement for white space devices to re-check a 
database at more frequent intervals would require changes to previously 
approved devices. In addition, the Commission is proposing to adopt 
rules for unlicensed wireless microphones that operate in the TV bands 
and for unlicensed devices and for licensed and unlicensed wireless 
microphones that operate in the guard bands and duplex gap. These 
devices will be affected by the transition provisions adopted in the 
Incentive Auction R&O. The Commission addresses certification, 
marketing and operational requirements for white space devices and 
unlicensed wireless microphones below.
Fixed and Personal/Portable Devices
    182. Our proposal to require fixed and Mode II personal/portable 
devices to check the database more frequently and to obtain scheduling 
information for wireless microphones over a shorter time period would 
require changes to devices that were previously approved, since the 
frequency of checking the database is a function of a device. The 
Commission believes that this change can be implemented with a minor 
software update, so only short transition time periods are necessary. 
Accordingly, the Commission proposes to require that devices for which 
a certification application is filed beginning 30 days after the 
effective date of the rules comply with the new re-check requirements. 
The Commission also proposes to require that within 90 days after the 
effective date of the rules, all white space devices imported and 
marketed within the United States must comply with the new re-check 
requirement, regardless of when they were certified. The Commission 
further proposes to require that white space devices that do not comply 
with the new re-check requirements must cease operating within 180 days 
of the effective date of the rules. The Commission seeks comment on 
these proposals.
Wireless Microphones
    183. All wireless microphones that now operate in the TV bands are 
certified as compliant with part 74, subpart H of the Commission's 
rules. The Commission decided in the Incentive Auction R&O that all 
wireless microphones that operate in the portion of the TV bands that 
will be repurposed for licensed wireless services may continue to 
operate in that spectrum during the post-auction transition period but 
must cease those operations no later than 39 months after release of 
the Channel Reassignment Public Notice. At the end of this post-auction 
transition period, licensed microphones will be permitted to operate in 
a portion of the duplex gap, and unlicensed wireless microphones will 
be permitted to operate in the guard bands and duplex gap.
    184. Because of these future changes in the permitted operating 
frequency range for wireless microphones, plus the rule changes for 
these devices that the Commission proposes in this NPRM and in the 
Wireless Microphone NPRM, we

[[Page 69736]]

need to establish cutoff dates for the certification, manufacturing and 
marketing of wireless microphones in the guard bands and repurposed 600 
MHz Band spectrum to ensure that manufacturers cease making and 
marketing equipment that cannot be legally used after a certain date. 
Cutoff dates will encourage manufacturers to concentrate on developing 
wireless microphones that operate in compliance with new parts 74 and 
15 rules. Because similar technical requirements would apply to both 
licensed and unlicensed wireless microphones, the Commission proposes 
to apply to both the same transition rules for certification, 
manufacturing and marketing. This approach would be the least 
disruptive to wireless microphone manufacturers and users. In this 
NPRM, the Commission proposes rules for unlicensed wireless 
microphones; proposed rules for part 74 licensed wireless microphones 
are in the Wireless Microphone NPRM.
    185. Although the Commission encourages wireless microphone 
manufacturers to come into compliance as soon as possible with new or 
revised technical rules, it may be preferable to have the transition 
period align as closely as possible with the post-auction transition 
schedule. Manufacturers and users will not know until after the auction 
which band plan will be in effect and where wireless microphones will 
be permitted to operate at the end of the post-auction transition 
period. The auction results will determine the size and frequency range 
of the 600 MHz Band guard bands, duplex gap, and repurposed spectrum. 
Our goal is to establish transition periods that are flexible and do 
not impose multiple re-certification requirements over a relatively 
short period of time.
    186. Currently, unlicensed wireless microphones operate in the TV 
bands under part 15 of the Commission's rules pursuant to waivers. 
These devices must operate in compliance with certain technical 
requirements set forth in the TV Bands Wireless Microphones R&O and be 
certified under the applicable rules under part 74, subpart H. The 
waiver limits unlicensed wireless microphone operations to no greater 
than 50 milliwatts, but otherwise the technical requirements (e.g., 200 
kHz bandwidth limit) for their operations are the same as part 74 
wireless microphones. Unlicensed microphone operations can continue in 
the core TV bands under this waiver until the effective date of final 
rules for their operation on an unlicensed basis under part 15. The 
rules the Commission proposes in this NPRM allows the certification of 
unlicensed wireless microphones that operate on channels 2-51, 
excluding channel 37. However, some portion of those channels will be 
repurposed for licensed wireless services. The Commission thus proposes 
that, after it adopts part 15 rules for unlicensed wireless microphone 
operation, the Commission continues to permit unlicensed wireless 
microphone users to operate part 74 wireless microphones in the TV 
bands under the waivers already in place until they must cease those 
operations no later than 39 months after release of the Channel 
Reassignment Public Notice. The Commission also proposes to accept 
applications to certify wireless microphones under part 15 rules as 
soon as those rules are effective, but not require such applications 
until after the incentive auction. The Commission seeks comment on 
these proposals.
    187. The Commission proposes that parties may no longer submit 
applications to certify under part 15 wireless microphones that operate 
in repurposed TV spectrum beginning nine months after the release of 
the Channel Reassignment Public Notice. The Commission also proposes a 
manufacturing and marketing cutoff on wireless microphones that would 
not comply with the 600 MHz Band of 18 months after release of the 
Channel Reassignment Public Notice. The Commission seeks comment on 
these proposals. In particular, it seeks comment on the appropriateness 
of the proposed cutoff dates. Should we provide longer or shorter time 
periods? Should we also require that, in any event, parties may not 
submit applications to certify wireless microphones that operate in 
repurposed TV spectrum later than 24 months after the effective date of 
the service rules we adopt in this proceeding, and microphones that do 
not comply with the new rules may not be manufactured and marketed 
later than 33 months after the effective date of the service rules we 
adopt in this proceeding? Are any other requirements necessary, such as 
requiring advisory labeling or other information to the user about the 
operational cutoff date?
    188. Unlike wireless microphones operating in the repurposed 600 
MHz Band, operation of unlicensed wireless microphones in the guard 
bands and duplex gap is not affected by the post-auction transition 
requirements. To ensure that we can distinguish which wireless 
microphones may be legally operated after the transition from those 
that cannot, we propose the following requirements. A wireless 
microphone that is certified to operate only in the guard bands and 
duplex gap may continue to be marketed and operated with no cutoff 
date. However, if a wireless microphone is certified to operate in any 
portion of the repurposed 600 MHz Band, the Commission proposes that it 
may no longer be marketed or operated after the specified cutoff dates, 
even if it could be tuned to operate outside the repurposed 600 MHz 
Band. This approach will allow use of the FCC identification number to 
identify which wireless microphones may be legally marketed and 
operated, rather than having to determine the precise frequency to 
which a specific wireless microphone is tuned, which may not be 
indicated on the device. The Commission seeks comment on this proposal.

Procedural Matters

    189. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this NPRM of Proposed Rule Making 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM provided in the item. The Commission 
will send a copy of the NPRM, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).\2\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    190. The NPRM proposes rules for unlicensed operations in the 
frequency bands that are now and will continue to be allocated and 
assigned to broadcast television services (TV bands), including fixed 
and personal/portable white space devices and unlicensed wireless 
microphones. Based on its experience with the development and 
deployment of white space devices in the TV bands, the Commission is 
considering changes to the part 15 rules that will allow for more 
robust service and efficient spectral use without increasing the risk 
of harmful interference to authorized users. The NPRM also proposes to 
codify rules for the operation of unlicensed wireless microphones in 
the TV bands.

[[Page 69737]]

    191. The NPRM addresses issues that arise from the Incentive 
Auction R&O to repurpose a portion of the broadcast spectrum for new 
wireless services.\3\ The 600 MHz Band Plan adopted in the Incentive 
Auction R&O provides new opportunities for unlicensed white space 
devices, unlicensed wireless microphones and wireless microphones 
licensed under part 74. The NPRM proposes rules for their operation 
that will protect licensed services as spectrum is repurposed to 
introduce new wireless services.
---------------------------------------------------------------------------

    \3\ See Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report 
and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction R&O).
---------------------------------------------------------------------------

B. Legal Basis

    192. The proposed action is taken pursuant to Sections 4(i), 301, 
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(r), 
304 and 307.

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

    193. 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 proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \5\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\6\ 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).\7\
---------------------------------------------------------------------------

    \4\ See 5 U.S.C. 603(b)(3).
    \5\ See 5 U.S.C. 601(6).
    \6\ See 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.''
    \7\ See 15 U.S.C. 632.
---------------------------------------------------------------------------

    194. 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.'' \8\ 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. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. Of this total, 912 had less than 500 
employees and 17 had more than 1000 employees.\9\ Thus, under that size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \8\ The NAICS Code for this service 334220. See 13 CFR 121/201. 
See also https://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en
    \9\ See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en
---------------------------------------------------------------------------

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

    195. White space devices are unlicensed devices that operate in the 
TV bands at locations where frequencies are not in use by licensed 
services. These devices may be either fixed or personal/portable. Fixed 
devices may operate at power levels up to four watts, and personal/
portable devices operate at up to 100 milliwatts, if they are outside 
the service contours of adjacent channel TV stations. Personal/portable 
devices may operate with 40 milliwatts if they are within the service 
contour of an adjacent channel TV station. White space devices are not 
permitted to operate on channel 37 (608-614 MHz), which is use by the 
Radio Astronomy Service (RAS) and Wireless Medical Telemetry Service 
(WMTS). To prevent harmful interference to broadcast television 
stations and other authorized users of these bands, white space devices 
must obtain a list of available TV channels that may be used at their 
location from databases administered by private entities selected by 
the Commission.
    196. Wireless microphones also operate in the TV bands. Certain 
entities may be issued licenses under subpart H of part 74 of the rules 
to operate low power auxiliary stations in the TV bands. Because the 
operators of part 74 wireless microphones are licensed, they may 
register the times and locations of their operation in the white spaces 
databases to obtain interference protection from co-channel white space 
devices. The Commission also allows the operation of part 74 certified 
wireless microphones in the VHF and UHF TV bands on an unlicensed basis 
under a waiver of the part 15 rules granted in the 2010 TV Bands 
Wireless Microphones R&O and Further NPRM.\10\ Operators of unlicensed 
wireless microphones are generally not permitted to register in the TV 
bands database, but parties operating large numbers of wireless 
microphones on an unlicensed basis at venues of events and productions/
shows may register in the TV bands database if they meet certain 
criteria specified in the rules and obtain Commission approval to do 
so.
---------------------------------------------------------------------------

    \10\ See Revisions to Rules Authorizing the Operation of Low 
Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-
166, Public Interest Spectrum Coalition, Petition for Rulemaking 
Regarding Low Power Auxiliary Stations, Including Wireless 
Microphones, and the Digital Television Transition, WT Docket No. 
08-167, Amendment of Parts 15, 74 and 90 of the Commission's Rules 
Regarding Low Power Auxiliary Stations, Including Wireless 
Microphones, ET Docket No. 10-24, Report and Order and Further NPRM 
of Proposed Rulemaking, 25 FCC Rcd 643, 682-87, para. 81-90 (2010).
---------------------------------------------------------------------------

    197. In the Incentive Auction R&O, the Commission decided to 
repurpose a portion of the UHF TV spectrum for licensed wireless 
services (the ``600 MHz Band''). The Commission's band plan provides 
for a guard band between television spectrum and 600 MHz downlink 
services, a guard band between 600 MHz uplink and downlink services (a 
duplex gap), and guard bands between 600 MHz downlink services and 
channel 37. In the TV bands that are repurposed for wireless services, 
the Commission decided to allow white space devices to continue 
operating indefinitely in areas where a 600 MHz Band licensee has not 
commenced operations, and to allow wireless microphones to operate for 
39 months after release of a public NPRM announcing channel 
reassignments as a result of the incentive auction.
    198. Most RF transmitting equipment, including white space devices 
and wireless microphones, must be authorized through the certification 
procedure. Certification is an equipment authorization issued by the 
Commission or by a designated TCB based on an application and test data 
submitted by the responsible party (e.g., the manufacturer or 
importer).\11\ The NPRM

[[Page 69738]]

does not propose to change the authorization procedure for white space 
devices and wireless microphones, but it does propose to establish new 
technical requirements or modify existing technical requirements for 
white space devices and wireless microphones.
---------------------------------------------------------------------------

    \11\ See 47 CFR 2.907. The Commission or a TCB may test a sample 
of a device to verify that it complies with the rules before 
granting approval for the equipment to be marketed. Examples of 
devices subject to certification include, but are not limited to, 
mobile phones; wireless local area networking equipment, remote 
control transmitters; land mobile radio transmitters; wireless 
medical telemetry transmitters; cordless telephones; and walkie-
talkies.
---------------------------------------------------------------------------

    199. The NPRM proposes to establish the following new and changed 
compliance requirements for white space devices, unlicensed wireless 
microphones and licensed wireless microphones:
White Space Devices That Operate in the TV Bands Remaining After the 
Incentive Auction and Channel Reassignment
     Allow personal/portable white space devices to operate on 
channels 14-20 where their operation is currently prohibited.
     Allow fixed white space devices to:
    [cir] Operate at 40 milliwatts on channels adjacent to occupied TV 
channels.
    [cir] Operate at 4 Watts where there are two contiguous vacant TV 
channels rather than three as the rules currently require.
    [cir] Operate closer to a TV station contour when the operating 
power is reduced.
White Space Devices Operating in the 600 MHz Guard Bands, Duplex Gap 
and Channel 37
     Allow fixed and personal/portable devices to operate at 40 
milliwatts in the guard bands and the upper six megahertz portion of 
the duplex gap.
     Allow white space devices to operate on channel 37, 
subject to minimum separation distances enforced by the white spaces 
databases to protect the WMTS and RAS.
     Require that fixed and personal/portable devices operating 
in the repurposed 600 MHz Band comply with minimum separation distances 
from the areas where part 27 licensees have commenced operations. This 
would be enforced by the white spaces databases.
Wireless Microphones
     Codify new part 15 rules for unlicensed wireless 
microphones in the TV bands. Wireless microphones operating on an 
unlicensed basis are currently certified under the part 74 rules.
     Allow unlicensed wireless microphones to operate at 20 
milliwatts in the 600 MHz guard bands and the upper six megahertz 
portion of the duplex gap. Unlicensed wireless microphones would have 
to rely on the white spaces databases to ensure they are operating on 
channels available for their use.
     Allow licensed wireless microphones to operate at 20 
milliwatts in the four megahertz portion of the duplex gap below the 
six megahertz portion used by white space devices and unlicensed 
wireless microphones.
     Require wireless microphones operating in the repurposed 
600 MHz Band to comply with minimum separation distances from the areas 
where part 27 600 MHz Band licensees have commenced operations.
White Spaces Databases
     Expand the databases to include location/frequency 
information for additional licensed services such as the WMTS and part 
27 600 MHz Band services.
     Require more frequent database re-checks by white space 
devices and faster database updates. This would enable wireless 
microphone users to register, on short NPRM, in the white spaces 
databases channels that would be protected from interference from white 
space devices.
     Eliminate registration in the white spaces databases of 
channels used by unlicensed wireless microphones for protection from 
white space devices.
Certification of White Space Devices and Wireless Microphones
     White space devices would have to meet the following 
timetable for compliance with the shorter database re-check interval: 
30 days for new equipment certification, 90 days for equipment 
importation and marketing, 180 days for equipment operation.
     Wireless microphones in the repurposed TV spectrum would 
have to meet the following cutoff dates, which are from the release of 
the channel reassignment public notice: 9 months for equipment 
certification, 18 months for importing and marketing equipment (the 39 
month date for ceasing operation in the band was decided in the 
Incentive Auction R&O).

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

    200. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed 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 
from coverage of the rule, or any part thereof, for such small 
entities.'' \12\
---------------------------------------------------------------------------

    \12\ See 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    201. The rule changes proposed in the NPRM would give greater 
flexibility for fixed and personal/portable white space device 
operation. The majority of these changes are permissive, meaning that 
manufacturers of approved white space devices are not required to 
incorporate them into their equipment. However, the proposed 
requirement for white space devices to re-check a database at more 
frequent intervals would require changes to previously approved 
devices. We propose a transition period for equipment manufacturers and 
users to make the change. While we believe that only a short transition 
period is necessary, the NPRM seeks comment on whether the Commission 
should allow more time.
    202. Licensed and unlicensed wireless microphones that operate in 
the TV bands will be affected by the transition provisions adopted in 
the Incentive Auction R&O. The NPRM proposes transition periods that we 
believe are reasonable to minimize the burden on wireless microphone 
manufacturers and users, while implementing the Commission's previous 
decision to transition users out of the repurposed TV spectrum within 
39 months. Specifically, we propose to allow manufacturers a period of 
nine months after the final 600 MHz Band Plan is announced before they 
may no longer certify wireless microphones that operate in the 
repurposed TV spectrum, and a period of 18 months before they must 
cease marketing them. The Commission also proposes that parties 
operating wireless microphones on an unlicensed basis may continue to 
use part 74 certified wireless microphones rather than part 15 
certified wireless microphones until the end of the 39 month transition 
to avoid users having to replace equipment more than once.
    203. The NPRM proposes a number of changes that would require the 
white space database administrators to make changes to their systems. 
For example, the NPRM would require the database administrators to 
implement new

[[Page 69739]]

protection requirements for the WMTS and part 27 wireless licensees, 
and modified protection requirements for TV stations and the RAS. The 
NPRM seeks information on the costs and burdens the proposed changes 
would place on the database administrators, and how the database 
administrators could recoup their costs.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    204. None.
    205. Pursuant to Sections 1, 4(i), 7(a), 301, 303(f), 303(g), 
303(r), 307(e) and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 157(a), 301, 303(f), 303(g), 303(r), 307(e), and 
332, this NPRM of Proposed Rule Making IS ADOPTED.
    206. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of this NPRM of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Parts 15 and 74

    Communications equipment, Radio, and Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 15 and 74 as 
follows:

PART 15--RADIO FREQUENCY DEVICES

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

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.

0
2. Section 15.37 is amended by adding paragraph (i) and paragraph (j) 
to read as follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (i) Certification may no longer be obtained for wireless 
microphones that operate in the repurposed TV spectrum beginning nine 
months after release of the Channel Reassignment Public Notice issued 
pursuant to Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, Report and Order, GN Docket No. 
12-268 (FCC 14-50), 29 FCC 6567 (2014). Manufacturing and marketing of 
wireless microphones that operate in the repurposed TV spectrum must 
cease 18 months after release of the Channel Reassignment Public 
Notice, and operation of these wireless microphones must cease 39 
months after release of the Channel Reassignment Public Notice.
    (j) Fixed and Mode II personal/portable white space devices for 
which an application for certification is filed beginning [30 days 
after the effective date of the rules] must comply with the database 
re-check requirements in Sec.  15.711(b)(3)(i) and (ii). Fixed and Mode 
II personal/portable white space devices that are marketed beginning 
[90 days after the effective date of the rule] must comply with these 
requirements. Previously approved white space devices that do not 
comply with these requirements must cease operating no later than [180 
days after the effective date of the rules].
0
3. Section 15.236 is added to read as follows:


Sec.  15.236  Operation of wireless microphones in the bands 54-72 MHz, 
76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.

    (a) Definitions. The following definitions apply in this section.
    (1) Wireless Microphone. An intentional radiator that converts 
sound into electrical audio signals that are transmitted using radio 
signals to a receiver which converts the radio signals back into audio 
signals that are sent through a sound recording or amplifying system. 
Wireless microphones may be used for cue and control communications and 
synchronization of TV camera signals as defined in Sec.  74.801 of this 
chapter. Wireless microphones do not include auditory assistance 
devices as defined in Sec.  15.3(a).
    (2) 600 MHz duplex gap. An 11 megahertz guard band that separates 
wireless uplink and downlink frequencies within the 600 MHz Band as 
determined by the outcome of the auction conducted pursuant to 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 
29 FCC 6567 (2014).
    (3) 600 MHz guard band. Designated frequency bands within the 600 
MHz Band that prevent interference between licensed services as 
determined by the outcome of the auction conducted pursuant to 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 
29 FCC 6567 (2014).
    (4) Repurposed 600 MHz Band. Frequencies that will be reallocated 
and reassigned for part 27 600 MHz Band services as determined by the 
outcome of the auction conducted pursuant to Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, Report 
and Order, GN Docket No. 12-268 (FCC 14-50), 29 FCC 6567 (2014).
    (b) Operation under this section is limited to wireless microphones 
as defined in this section.
    (c) Operation is permitted in the following bands.
    (1) Channels allocated and assigned for broadcast television 
service.
    (2) Television channels in the repurposed 600 MHz Band. Operation 
on these channels must cease no later than 39 months after release of 
the Channel Reassignment Public Notice issued pursuant to Expanding the 
Economic and Innovation Opportunities of Spectrum Through Incentive 
Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 29 FCC 
6567 (2014). Operation must cease immediately if harmful interference 
occurs to a 600 MHz Band licensee.
    (3) The upper six megahertz segment of the 600 MHz Band duplex gap.
    (4) The 600 MHz guard band between television and wireless downlink 
services, excluding the upper one megahertz segment.
    (5) The 600 MHz guard bands adjacent to channel 37, excluding the 
one megahertz segments furthest from channel 37.
    (6) Microphone operation in the frequencies identified in 
paragraphs (c)(3) through(5) of this section shall prior to operation 
rely on the white space databases in part 15, subpart H to determine 
that their intended operating frequencies are available for unlicensed 
wireless microphone operation at the location where they will be used.
    (d) The unmodulated carrier power at the antenna input may not 
exceed the following values.
    (1) In the bands allocated and assigned for broadcast television 
and in the repurposed 600 MHz Band: 50 mW
    (2) In the 600 MHz Band guard bands including the duplex gap: 20 
mW.
    (e) Operation is limited to locations separated from licensed 
services by the following distances.
    (1) Four kilometers outside the following protected service 
contours of co-channel TV stations.

[[Page 69740]]



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

    (2) The following distances outside of the area where a 600 MHz 
Band licensee has commenced operations.

------------------------------------------------------------------------
                                                 Separation distance in
                                                       kilometers
                Type of station                -------------------------
                                                               Adjacent
                                                 Co-channel    channel
------------------------------------------------------------------------
Base..........................................           15          0.4
Mobile........................................           35           31
------------------------------------------------------------------------

    (f) The operating frequency within a permissible band of operation 
as defined in paragraph (b) of this section must comply with the 
following requirements.
    (1) The frequency selection shall be offset from the upper or lower 
band limits by 25 kHz or an integral multiple thereof.
    (2) One or more adjacent 25 kHz segments within the assignable 
frequencies may be combined to form a channel whose maximum bandwidth 
shall not exceed 200 kHz. The operating bandwidth shall not exceed 200 
kHz.
    (3) The frequency tolerance of the carrier signal shall be 
maintained within +/- 0.005% of the operating frequency over a 
temperature variation of -20 degrees to +50 degrees C at normal supply 
voltage, and for a variation in the primary supply voltage from 85% to 
115% of the rated supply voltage at a temperature of 20 degrees C. 
Battery operated equipment shall be tested using a new battery.
    (g) Emissions within the band from one megahertz below to one 
megahertz above the carrier frequency shall comply with the emission 
mask in Section 8.3 of ETSI EN 300 422-1, Electromagnetic compatibility 
and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 
3 GHz frequency range; Part 1: Technical characteristics and methods of 
measurement. Emissions outside this band shall comply with the limits 
in Sec.  15.209.
0
4. Revise the heading of subpart H to part 15 to read as follows:

Subpart H--White Space Devices

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


Sec.  15.701  Scope.

    This subpart sets forth the regulations for unlicensed intentional 
radiators that operate on available channels in the frequency bands at 
54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 5-6), 174-216 MHz 
(TV channels 7-13), and 470-698 MHz (TV channels 14-51).
0
6. Section 15.703 is amended by revising paragraphs (a), (c), (i), (k), 
(l), (m), (n) and adding paragraphs, (o), (p), (q) and (r) to read as 
follows:


Sec.  15.703  Definitions.

    (a) Available channel. A channel which is not being used by an 
authorized service at or near the same geographic location as an 
unlicensed device and is acceptable for use by the device under the 
provisions of this subpart.
* * * * *
    (c) Fixed device. A device that transmits and/or receives 
radiocommunication signals at a specified fixed location. A fixed 
device may select channels for operation itself from a list of 
available channels provided by a white spaces database, and initiate 
and operate a network by sending enabling signals to one or more fixed 
devices and/or personal/portable devices.
* * * * *
    (i) Personal/portable device. A device that transmits and/or 
receives radiocommunication signals on available channels at 
unspecified locations that may change.
* * * * *
    (k) Repurposed 600 MHz Band. Frequencies that will be reallocated 
and reassigned for part 27 600 MHz Band services as determined by the 
outcome of the auction conducted pursuant to Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, Report 
and Order, GN Docket No. 12-268 (FCC 14-50), 29 FCC 6567 (2014).
    (l) 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).
    (m) 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.
    (n) Television bands. The portions of the broadcast television 
frequency bands at 54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 
5-6), 174-216 MHz (TV channels 7-13), 470-608 MHz (channels 14-36) and 
614-698 MHz (channels 38-51) that will be allocated and assigned to 
broadcast television licensees consistent with the outcome of the 
auction conducted pursuant to Expanding the Economic and Innovation 
Opportunities of Spectrum Through Incentive Auctions, Report and Order, 
GN Docket No. 12-268 (FCC 14-50), 29 FCC 6567 (2014).
    (o) White space device. An intentional radiator that operates in 
the television bands, the 600 MHz Band or on channel 37 accordance with 
the provisions of this subpart.
    (p) White spaces database. A database system that maintains records 
of all authorized services in the television and 600 MHz frequency 
bands, is capable of determining the available channels as a specific 
geographic location and provides lists of available channels to 
unlicensed devices that have been certified under the Commission's 
equipment authorization procedures. White spaces databases that provide 
lists of available channels to unlicensed devices must receive approval 
by the Commission.
    (q) 600 MHz duplex gap. An 11 megahertz guard band that separates 
wireless uplink and downlink frequencies within the 600 MHz Band as 
determined by the outcome of the auction conducted pursuant to 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 
29 FCC 6567 (2014).

[[Page 69741]]

    (r) 600 MHz guard band. Designated frequency bands within the 600 
MHz Band that prevent interference between licensed services as 
determined by the outcome of the auction conducted pursuant to 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 
29 FCC 6567 (2014).
0
7. Section 15.707 is revised to read as follows:


Sec.  15.707  Permissible channels of operation.

    (a)(1) Fixed and personal/portable white space devices may operate 
on available channels in the frequency bands 470-608 (TV channels 14-
36), 512-608 MHz (TV channels 21-36) and 614-698 MHz (TV channels 38-
51), subject to the interference protection requirements in Sec. Sec.  
15.711 and 15.712.
    (2) Fixed and personal/portable devices may operate on frequencies 
in the repurposed 600 MHz Band in areas where part 27 600 MHz Band 
licensees have not commenced operations, as defined in part 27 of this 
chapter.
    (b) Only fixed devices that communicate with other fixed devices 
may operate on available channels in the bands 54-72 MHz (TV channels 
2-4), 76-88 MHz (TV channels 5 and 6) and 174-216 MHz (TV channels 7-
13) subject to the interference protection requirements in Sec. Sec.  
15.711 and 15.712.
    (c) Fixed and Mode II personal/portable devices shall operate only 
on available channels as identified in paragraphs (a) and (b) of this 
section and as determined by a white spaces database in accordance with 
the interference avoidance mechanisms of Sec. Sec.  15.711 and 15.712.
    (d) Mode I personal/portable devices shall operate only on 
available channels as identified in paragraph (a)(1) of this section 
and provided from a fixed or Mode II device in accordance with Sec.  
15.711(b)(3)(iv).
    (e) Fixed and personal/portable devices may operate in the upper 
six megahertz segment of the 600 MHz duplex gap.
    (f) Fixed and personal/portable devices may operate in the 600 MHz 
guard band between television and wireless downlink services, excluding 
the upper three megahertz segment, provided this guard band is at least 
nine megahertz wide.
0
8. Section 15.709 is amended by revising paragraphs (a) and (c) to read 
as follows:


Sec.  15.709  General technical requirements.

    (a) Power limits for white space devices. (1) The maximum EIRP for 
fixed white space devices operating in the television bands and 
repurposed 600 MHz Band shall not exceed the following values:
    (i) If the device complies with the minimum separation distances 
outside adjacent channel television service contours in Sec.  
15.712(a): four watts (36 dBm) per six megahertz of bandwidth on which 
the device operates.
    (ii) If the device operates within a six megahertz band centered on 
the boundary between two available channels: four watts (36 dBm) per 
six megahertz of bandwidth on which the device operates.
    (iii) If the device operates adjacent to an occupied television 
channel, i.e., within its protected service contour: 40 mW (16 dBm) per 
six megahertz of bandwidth on which the device operates.
    (2) The maximum EIRP for personal/portable white space devices 
operating in the television bands and repurposed 600 MHz Band shall not 
exceed the following values:
    (i) If the device complies with the minimum separation distances 
outside adjacent channel television service contours in Sec.  
15.712(a): 100 mW (20 dBm) per six megahertz of bandwidth on which the 
device operates.
    (ii) If the device operates adjacent to an occupied television 
channel, i.e., within its protected service contour: 40 mW (16 dBm) per 
six megahertz of bandwidth on which the device operates.
    (3) The maximum EIRP for fixed and personal/portable white space 
devices operating in the 600 MHz guard band and duplex gap shall not 
exceed 40 mW (16 dBm).
    (4) The maximum EIRP for fixed white space devices operating on 
channel 37 shall not exceed the following values:
    (i) If channels 36 and 38 are allocated and assigned for television 
broadcasting and the device complies with the minimum separation 
distances outside adjacent channel television service contours in Sec.  
15.712(a): four watts (36 dBm) per six megahertz of bandwidth on which 
the device operates.
    (ii) If channels 36 and 38 are allocated and assigned for 
television broadcasting and the device operates within a six megahertz 
band centered on the boundary between channel 37 and an available 
adjacent channel: four watts (36 dBm) per six megahertz of bandwidth on 
which the device operates.
    (iii) If channels 36 and 38 are allocated and assigned for 
television broadcasting and the device operates adjacent to an occupied 
television channel, i.e., within its protected service contour, or if 
one or both of the adjacent bands are designated as 600 MHz guard 
bands: 40 mW (16 dBm) per six megahertz of bandwidth on which the 
device operates.
    (5) Mode I personal/portable devices that operate on available 
channels provided by a Mode II device that operates within the 
protected service contour of an adjacent channel television station are 
limited to a maximum EIRP of 40 milliwatts (16 dBm) per six megahertz 
of bandwidth on which the device operates.
    (6) Fixed devices with a four watt EIRP limit may operate closer to 
co-channel and adjacent channel television stations and other protected 
services at reduced power levels. The following table shows the power 
levels at which separation distances are defined. Devices operating at 
a particular EIRP level must comply with the limit on conducted power 
to the antenna. 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. 
The conducted power limits are based on a maximum transmitting antenna 
gain of 6 dBi. 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. Operation is permitted at EIRP levels between the values 
in this table, provided the conducted power limit is interpolated 
between the values shown.

------------------------------------------------------------------------
             EIRP (6 MHz)                Conducted power limit  (6 MHz)
------------------------------------------------------------------------
16 dBm (40 mW).......................  10 dBm (10 mW).
20 dBm (100 mW)......................  14 dBm (25 mW).
24 dBm (250 mW)......................  18 dBm (63 mW).
28 dBm (625 mW)......................  22 dBm (158 mW).
32 dBm (1600 mW).....................  26 dBm (400 mW).
36 dBm (4000 mW).....................  30 dBm (1000 mW).
------------------------------------------------------------------------

    (7) 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 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

[[Page 69742]]

the highest total transmit power occurring in any mode.
    (8) White space devices 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.
    (9) The power spectral density from a white space device 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: The values shown in the following table. If 
transmitting antennas of directional gain greater than 6 dBi are used, 
the conducted power level shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi. If the conducted power 
of the device is between two defined levels, then the PSD limit must be 
interpolated between the values shown.

------------------------------------------------------------------------
    Conducted power limit (6 MHz)        Conducted PSD limit (100 kHz)
------------------------------------------------------------------------
10 dBm (10 mW).......................  -7.4 dBm.
14 dBm (25 mW).......................  -3.4 dBm.
18 dBm (63 mW).......................  0.6 dBm.
22 dBm (158 mW)......................  4.6 dBm.
26 dBm (400 mW)......................  8.6 dBm.
30 dBm (1000 mW).....................  12.6 dBm.
------------------------------------------------------------------------

    (ii) Personal/portable device operating at 40 mW: -1.4 dBm EIRP.
    (iii) Sensing-only devices operating at 50 mW: -0.4 dBm EIRP.
    (iv) Personal/portable devices operating at 100 mW: 2.6 dBm EIRP.
    (10) White space devices shall incorporate adequate security 
measures to prevent the devices from accessing databases not approved 
by the FCC and to ensure that unauthorized parties cannot modify the 
device or configure its control features to operate in a manner 
inconsistent with the rules and protection criteria set forth in this 
subpart.
* * * * *
    (c) Emission limits for white space devices. (1) In the six 
megahertz bands immediately adjacent to the channel or group of 
contiguous channels in which the device is operating, emissions from 
the device shall not exceed the following levels.
    (i) Fixed devices: The values shown in the following table. If 
transmitting antennas of directional gain greater than 6 dBi are used, 
the conducted power level shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi. If a device operates 
between two defined power levels, it must comply with the limit for the 
higher power level.

------------------------------------------------------------------------
                                        Adjacent channel emission limit
    Conducted power limit  (6 MHz)                 (100 kHz)
------------------------------------------------------------------------
10 dBm (10 mW).......................  -62.8 dBm.
14 dBm (25 mW).......................  -58.8 dBm.
18 dBm (63 mW).......................  -54.8 dBm.
22 dBm (158 mW)......................  -50.8 dBm.
26 dBm (400 mW)......................  -46.8 dBm.
30 dBm (1000 mW).....................  -42.8 dBm.
------------------------------------------------------------------------

    (ii) Personal/portable devices operating at 40 mW EIRP: -56.8 dBm 
EIRP.
    (iii) Sensing-only devices operating at 50 mW EIRP: -55.8 dBm EIRP.
    (iv) Personal/portable devices operating at 100 mW: -52.8 dBm EIRP.
    (2) Emission measurements in the adjacent bands 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 six megahertz bands immediately 
adjacent to the channel or group of contiguous channels in which the 
device is operating, the radiated emissions from devices shall meet the 
requirements of Sec.  15.209. If a white space device transmits on 
multiple non-contiguous channels simultaneously, it must comply with 
the adjacent channel emission limits in the six megahertz bands above 
and below each of the single channels or channel groups used by the 
white space device, and the requirements of Sec.  15.209 beyond these 
six megahertz bands.
    (4) White space devices connected to the AC power line are required 
to comply with the conducted limits set forth in Sec.  15.207.
* * * * *
0
9. Section 15.711 is amended by revising the introductory text and 
paragraphs (a), (b)(3)(i) and (ii), removing and reserving paragraph 
(b)(3)(iii), and revising paragraph (b)(3)(v) to read as follows:


Sec.  15.711  Interference avoidance methods.

    Except as provided in Sec.  15.717, television channel availability 
for a white space device is determined based on the geo-location and 
database access method described in paragraphs (a) and (b) of this 
section.
    (a) Geo-location and database access. A white space device shall 
rely on the geo-location and database access mechanism to identify 
available channels consistent with the interference protection 
requirements of Sec.  15.712. Such protection will be provided for the 
following authorized and unlicensed services: Digital television 
stations, digital and analog Class A, low power, translator and booster 
stations; translator receive operations; fixed broadcast auxiliary 
service links; private land mobile service/commercial radio service 
(PLMRS/CMRS) operations; offshore radiotelephone service; low power 
auxiliary services authorized pursuant to Sec. Sec.  74.801 through 
74.882 of this chapter, including licensed wireless microphones; MVPD 
receive sites; wireless medical telemetry service (WMTS); radio 
astronomy service (RAS) and part 27 600 MHz Band licensees where they 
have commenced operations. In addition, protection shall be provided in 
border areas near Canada and Mexico in accordance with Sec.  15.712(g).
    (b) * * *
    (3)(i) Fixed devices must access a white spaces database over the 
Internet to determine the channels that are available at their 
geographic coordinates, taking into consideration the fixed device's 
antenna height and operating power, 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 
their use. Fixed devices shall access the database at least once every 
20 minutes 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 
devices must adjust their use of channels in accordance with channel 
availability schedule information provided by their database for the 60 
minute 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 white spaces 
database over the internet to determine the channels that are available 
at their geographic coordinates, taking into account the device's 
operating power, 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 devices. A Mode 
II device must access the database for a list of available channels 
each time it is activated from a power-off condition and re-check its 
location and the database for available channels if it changes location 
during operation by more than 100 meters from the location at which it 
last accessed the

[[Page 69743]]

database. A Mode II device that has been in a powered state shall re-
check its location and access the database every 20 minutes to verify 
that the operating channel(s) continue to be available. Mode II devices 
must adjust their use of channels in accordance with channel 
availability schedule information provided by their database for the 60 
minute period beginning at the time of the device last accessed the 
database for a list of available channels. A Mode II 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 device 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 
device 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 device 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 
once every 20 minutes 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.
* * * * *
    (v) Device manufacturers and database administrators may implement 
a system that pushes updated channel availability information from the 
database to white space devices. However, the use of such systems is 
not mandatory, and the requirements for white space devices to validate 
the operating channel at least once every 20 minutes continue to apply 
if such a system is used.
* * * * *
0
10. Section 15.712 is amended by revising paragraphs (a), (f), and (h), 
and by adding paragraphs (i) and (j) to read as follows:


Sec.  15.712  Interference protection requirements.

    (a) Digital television stations, and digital and analog Class A TV, 
low power TV, TV translator and TV booster stations:
    (1) Protected contour. White space devices must protect digital and 
analog TV services within the contours shown in the following table. 
These contours are calculated using the methodology in Sec.  73.684 of 
this chapter and the R-6602 curves contained in Sec.  73.699 of this 
chapter.

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

    (2) Required separation distance. White space devices 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 tables. If a device 
operates between two defined power levels, it must comply with the 
separation distances for the higher power level. Fixed and personal/
portable devices operating at an EIRP of 40 mW or less are not required 
to meet adjacent channel separation distances.

----------------------------------------------------------------------------------------------------------------
                                    Required separation in kilometers from co-channel digital or analog TV (full
                                                       service or low power) protected contour
   Antenna height above average    -----------------------------------------------------------------------------
   terrain of unlicensed device      16 dBm (40  20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                        mW)          mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Personal/portable.................          1.3          1.7          N/A          N/A          N/A          N/A
Less than 3 meters................          1.3          1.7          2.1          2.7          3.3          4.0
3-Less than 10 meters.............          2.4          3.1          3.8          4.8          6.1          7.3
10-Less than 30 meters............          4.2          5.1          6.0          7.1          8.9         11.1
30-Less than 50 meters............          5.4          6.5          7.7          9.2         11.5         14.3
50-Less than 75 meters............          6.6          7.9          9.4         11.1         13.9         18.0
75-Less than 100 meters...........          7.7          9.2         10.9         12.8         17.2         21.1
100-Less than 150 meters..........          9.4         11.1         13.2         16.5         21.4         25.3
150-Less than 200 meters..........         10.9         12.7         15.8         19.5         24.7         28.5
200-250 meters....................         12.1         14.3         18.2         22.0         27.3         31.2
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                 Required separation in kilometers from adjacent channel digital
                                                    or analog TV (full service or low power) protected contour
    Antenna height above average terrain of     ----------------------------------------------------------------
               unlicensed device                 20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                                     mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Personal/portable..............................          0.1          N/A          N/A          N/A          N/A
Less than 3 meters.............................          0.1          0.1          0.1          0.1          0.2
3-Less than 10 meters..........................          0.1          0.2          0.2          0.2          0.3
10-Less than 30 meters.........................          0.2          0.3          0.3          0.4          0.5
30-Less than 50 meters.........................          0.3          0.3          0.4          0.5          0.7
50-Less than 75 meters.........................          0.3          0.4          0.5          0.7          0.8

[[Page 69744]]

 
75-Less than 100 meters........................          0.4          0.5          0.6          0.8          1.0
100-Less than 150 meters.......................          0.5          0.6          0.8          0.9          1.2
150-Less than 200 meters.......................          0.5          0.7          0.9          1.1          1.4
200-250 meters.................................          0.6          0.8          1.0          1.2          1.5
----------------------------------------------------------------------------------------------------------------

    (3) The antenna height above ground for a fixed device may not 
exceed 30 meters.
* * * * *
    (f) Low power auxiliary services, including wireless microphones: 
Fixed devices are not permitted to operate within 1 km, and personal/
portable white space devices 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.
* * * * *
    (h) Radio astronomy services: (1) Operation of fixed and personal/
portable devices is prohibited within 2.4 kilometers at the following 
locations.
    (i) The Naval Radio Research Observatory in Sugar Grove, West 
Virginia at 38 30 58 N and 79 16 48 W.
    (ii) The Table Mountain Radio Receiving Zone (TMRZ) at 40 08 02 N 
and 105 14 40 W.
    (iii) The following facilities:

------------------------------------------------------------------------
                               Latitude (deg/min/    Longitude (deg/min/
         Observatory                  sec)                  sec)
------------------------------------------------------------------------
Arecibo Observatory.........  18 20 37 N            066 45 11 W
Green Bank Telescope (GBT)..  38 25 59 N            079 50 23 W
Very Long Baseline Array
 (VLBA) Stations:
    Pie Town, NM............  34 18 04 N            108 07 09 W
    Kitt Peak, AZ...........  31 57 23 N            111 36 45 W
    Los Alamos, NM..........  35 46 30 N            106 14 44 W
    Ft. Davis, TX...........  30 38 06 N            103 56 41 W
    N. Liberty, IA..........  41 46 17 N            091 34 27 W
    Brewster, WA............  48 07 52 N            119 41 00 W
    Owens Valley, CA........  37 13 54 N            118 16 37 W
    St. Croix, VI...........  17 45 24 N            064 35 03 W
    Hancock, NH.............  42 56 01 N            071 59 12 W
    Mauna Kea, HI...........  19 48 05 N            155 27 20 W
------------------------------------------------------------------------

    (2) White space devices may not operate on channel 37 within the 
quiet zone at Green Bank WV defined in Sec.  1.924(a) of this chapter 
or within the quiet zone on the islands of Puerto Rico, Desecheo, Mona, 
Vieques or Culebra defined in Sec.  1.924(d) of this chapter.
    (i) WMTS: Devices operating on channel 37 must comply with the 
following co-channel and adjacent channel separation distances from 
WMTS receivers.

----------------------------------------------------------------------------------------------------------------
                                       Required co-channel separation distances in kilometers from WMTS sites
   Antenna height above average    -----------------------------------------------------------------------------
   terrain of unlicensed device      16 dBm (40  20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                        mW)          mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Less than 3 meters................          0.3          0.4          0.5          0.6          0.8          1.0
3-Less than 10 meters.............          0.6          0.7          0.9          1.1          1.4          1.7
10-Less than 30 meters............          1.0          1.2          1.5          1.9          2.7          2.9
30-Less than 50 meters............          1.2          1.6          2.1          2.4          3.0          3.8
50-Less than 75 meters............          1.5          1.9          2.4          2.9          3.6          4.5
75-Less than 100 meters...........          1.7          2.2          2.7          3.3          4.2          5.3
100-Less than 150 meters..........          2.1          2.7          3.1          3.8          5.0          6.5
150-Less than 200 meters..........          2.5          3.1          3.4          4.3          5.8          7.4
200-250 meters....................          2.8          3.5          3.7          4.7          6.3          8.0
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                    Required adjacent channel separation distances in kilometers from WMTS sites
   Antenna height above average    -----------------------------------------------------------------------------
   terrain of unlicensed device      16 dBm (40  20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                        mW)          mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Personal/portable.................          0.1          0.1          N/A          N/A          N/A          N/A
Less than 3 meters................          0.1          0.1          0.1          0.1          0.1          0.1
3-Less than 10 meters.............          0.1          0.1          0.1          0.1          0.1          0.1
10-Less than 30 meters............          0.1          0.1          0.1          0.1          0.2          0.2
30-Less than 50 meters............          0.1          0.1          0.1          0.2          0.2          0.3
50-Less than 75 meters............          0.1          0.1          0.2          0.2          0.3          0.3
75-Less than 100 meters...........          0.1          0.2          0.2          0.2          0.3          0.4

[[Page 69745]]

 
100-Less than 150 meters..........          0.2          0.2          0.2          0.3          0.4          0.5
150-Less than 200 meters..........          0.2          0.2          0.3          0.3          0.4          0.6
200-250 meters....................          0.2          0.2          0.3          0.4          0.5          0.6
----------------------------------------------------------------------------------------------------------------

    (j) Repurposed 600 MHz band: Fixed and personal/portable devices 
operating in the repurposed 600 MHz Band must comply with the following 
co-channel and adjacent channel separation distances outside the 
defined polygonal area encompassing the base stations deployed by a 
part 27 600 MHz Band licensee that has commenced operation. For the 
purpose of this rule, co-channel means any frequency overlap between a 
channel used by a white space device and a five megahertz spectrum 
block used by a part 27 600 MHz Band licensee, and adjacent channel 
means a frequency separation of zero to four megahertz between the edge 
of a channel used by a white space device and the edge of a five 
megahertz spectrum block used by a part 27 600 MHz Band licensee.
    (1) On frequencies used by wireless uplink services:

----------------------------------------------------------------------------------------------------------------
                                     Required co-channel separation distances in kilometers between white space
                                              devices in the uplink band and 600 MHz Band base stations
   Antenna height above average    -----------------------------------------------------------------------------
   terrain of unlicensed device      16 dBm (40  20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                        mW)          mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Less than 3 meters................            5            6            7            9           12           15
3-Less than 10 meters.............            9           11           14           17           22           27
10-Less than 30 meters............           15           19           24           30           38           47
30-Less than 50 meters............           20           24           31           38           49           60
50-Less than 75 meters............           24           30           37           47           60           60
75-Less than 100 meters...........           27           34           43           54           60           60
100-Less than 150 meters..........           33           42           53           60           60           60
150-Less than 200 meters..........           39           49           60           60           60           60
200-250 meters....................           43           54           60           60           60           60
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                    Required adjacent channel separation distances in meters between white space
                                              devices in the uplink band and 600 MHz Band base stations
   Antenna height above average    -----------------------------------------------------------------------------
   terrain of unlicensed device      16 dBm (40  20 dBm (100  24 dBm (250  28 dBm (625     32 dBm     36 dBm (4
                                        mW)          mW)          mW)          mW)       (1600 mW)      watts)
----------------------------------------------------------------------------------------------------------------
Less than 3 meters................          112          141          177          223          282          354
3-Less than 10 meters.............          204          257          323          407          514          646
10-Less than 30 meters............          354          445          560          704          890         1120
30-Less than 50 meters............          457          575          723          909         1150         1446
50-Less than 75 meters............          560          704          885         1113         1408         1770
75-Less than 100 meters...........          646          813         1022         1285         1626         2044
100-Less than 150 meters..........          792          996         1252         1574         1991         2504
150-Less than 200 meters..........          914         1150         1446         1818         2299         2891
200-250 meters....................         1022         1285         1616         2033         2571         3232
----------------------------------------------------------------------------------------------------------------

    (2) On frequencies used by wireless downlink services: 35 
kilometers for co-channel operation, and 31 kilometers for adjacent 
channel operation.
0
11. Section 15.713 is amended by:
0
a. Revising the section heading;
0
b. Adding paragraph (b)(2)(v); and
0
c. Revising paragraph (h)(4), removing and reserving paragraph (h)(9), 
revising paragraph (h)(10), and adding paragraph (h)(11).
    The revisions and additions read as follows:


Sec.  15.713  White spaces database.

* * * * *
    (b) * * *
    (2) * * *
    (v) WMTS operating locations.
* * * * *
    (h) * * *
    (4) PLMRS/CMRS base station operations located more than 80 km from 
the geographic centers of the 13 metropolitan areas defined in Sec.  
90.303(a) of this chapter (e.g., in accordance with a waiver).
    (i) Transmitter location (latitude and longitude in NAD 83) or 
geographic area of operations.
    (ii) TV channel of operation.
    (iii) Call sign.
* * * * *
    (10) 600 MHz Band in areas where the part 27 600 MHz Band licensee 
has commenced operations.
    (i) Area within a part 27 600 MHz Band licensee's PEA where it has 
commenced or will commence operations. This area must be delineated by 
at minimum of eight and a maximum of 120 geographic coordinates;
    (ii) Identification of the frequencies on which the part 27 600 MHz 
Band wireless licensee has commenced operations;
    (iii) Call sign.
    (iv) Date of commencement of operations.
    (11) WMTS operating locations obtained from the WMTS frequency 
coordination database established under Sec.  95.1113(b)(2) of this 
chapter.
    (i) Frequency of operation (i.e., channel 37),
    (ii) Geographic coordinates of transmitters, and

[[Page 69746]]

    (iii) Cross reference to the registration in the WMTS frequency 
coordination database (e.g., record number).
* * * * *
0
12. Section 15.714 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  15.714  White spaces database administration fees.

    (a) A white spaces database administrator may charge a fee for 
provision of lists of available channels to fixed and personal/portable 
devices and for registering fixed devices. This provision applies to 
devices that operate in the TV bands, the repurposed 600 MHz Band, the 
600 MHz guard bands, including the duplex gap, and Channel 37. White 
spaces database administrators may also charge fees for providing lists 
of available channels to users of unlicensed wireless microphones.
* * * * *
0
13. Section 15.715 is amended by revising the section heading and 
paragraph (l), and by adding paragraphs (n) and (o) to read as follows:


Sec.  15.715  White spaces database administrator.

* * * * *
    (l) If more than one database is developed, the database 
administrators shall cooperate to develop a standardized process for 
providing the data collected for the facilities listed in Sec.  
15.713(b)(2) to all other white spaces databases within ten minutes to 
ensure consistency in the records of protected facilities.
* * * * *
    (n) Establish a procedure for registering the locations, operating 
frequencies and starting dates for the areas where a part 27 600 MHz 
Band licensee has commenced operations.
    (o) Establish a procedure for obtaining the locations where the 
WMTS is used from the WMTS coordination database established under 
Sec.  95.1117(b)(2) of this chapter.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
14. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.

0
15. Section 74.801 is amended by adding the definitions for ``600 MHz 
duplex gap'' and ``Repurposed 600 MHz Band'' in alphabetical order to 
read as follows:


Sec.  74.801  Definitions.

    600 MHz duplex gap. An 11 megahertz guard band that separates 
wireless uplink and downlink frequencies within the 600 MHz Band as 
determined by the outcome of the auction conducted pursuant to 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions, Report and Order, GN Docket No. 12-268 (FCC 14-50), 
29 FCC 6567 (2014).
    Repurposed 600 MHz Band. Frequencies that will be reallocated and 
reassigned for part 27 600 MHz Band services as determined by the 
outcome of the auction conducted pursuant to Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, Report 
and Order, GN Docket No. 12-268 (FCC 14-50), 29 FCC 6567 (2014).
0
16. Section 74.802 is amended by revising paragraphs (a) and paragraph 
(c) introductory text to read as follows:


Sec.  74.802  Frequency assignment.

    (a) Frequencies within the following bands may be assigned for use 
by low power auxiliary stations:

26.100-26.480 MHz
54.000-72.000 MHz
76.000-88.000 MHz
161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands)
174.000-216.000 MHz
450.000-451.000 MHz
455.000-456.000 MHz
470.000-488.000 MHz
488.000-494.000 MHz (except Hawaii)
494.000-608.000 MHz
614.000-698.000 MHz
944.000-952.000 MHz

    The four megahertz segment from one to five megahertz above the 
lower edge of the 600 MHz duplex gap.
* * * * *
    (c) Specific frequency operation is required when operating within 
the 600 MHz duplex gap or the bands allocated for TV broadcasting.
* * * * *
0
17. Section 74.861 is amended by revising paragraph (e) introductory 
text and adding paragraph (e)(1)(iii) to read as follows:


Sec.  74.861  Technical requirements.

* * * * *
    (e) For low power auxiliary stations operating in the 600 MHz 
duplex gap and the bands allocated for TV broadcasting, the following 
technical requirements apply:
    (1) * * *
    (iii) 600 MHz duplex gap--20 mW.
* * * * *
[FR Doc. 2014-26674 Filed 11-20-14; 8:45 am]
BILLING CODE 6712-01-P