Unlicensed White Space Devices, 34792-34799 [2019-10921]
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(3) Include copies of the
correspondence from NEH in which it
initially denied the request for access, or
for amendment or correction; and
(4) Explain why NEH’s denial of
access, amendment or correction was
erroneous.
(b) Appeals should be directed to the
NEH Office of the General Counsel at
the physical address or email address
identified in § 1169.3. The Office of the
General Counsel will refer the appeal
letter to the Chairperson (or his or his
or her designee), or in the case of
records retrieved from NEH’s OIG
Investigative Files, will refer the appeal
letter to the NEH OIG.
(c) The Chairperson will review the
initial request for access to, or
amendment or correction of, the record,
NEH’s refusal, and any other pertinent
material relating to the appeal. NEH will
not hold a hearing on the appeal.
(d) The Chairperson will render a
final decision on the appeal within 30
business days of its receipt by NEH,
unless the Chairperson, for good cause
shown, extends the 30-day period.
Should the Chairperson extend the 30day period, NEH will inform the
requester of the extension and the
circumstances of the delay.
(e) In conducting appeals under this
provision, the Chairperson will be
guided by the requirements of 5 U.S.C.
552a(e)(1) and (e)(5).
(f) NEH will notify a requester, in
writing, when the Chairperson
determines to grant an appeal in whole
or in part, and will grant the requester
access to his or her record, or correct or
amend the record, in accordance with
the Chairperson’s determination.
(g) When the Chairperson determines
to deny an appeal, in whole or in part,
NEH will notify the requester in writing
of the following:
(1) The basis for the decision;
(2) That the requester may submit to
NEH a concise statement setting forth
the reasons for disagreeing with NEH’s
decision.
(3) The procedures for filing such
statement of disagreement.
(4) That, in a case where the
Chairperson refuses a request to amend
or correct a record, NEH will make such
statements of disagreement available in
subsequent disclosures of the record,
together with a statement from NEH (if
deemed appropriate) summarizing the
agency’s refusal.
(5) The requester’s right to seek
judicial review under 5 U.S.C.
552a(g)(1)(a).
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§ 1169.9 Fees charged to locate, review, or
copy records.
(a) NEH will not charge fees for the
search or review of requested records, or
the amendment or correction of records.
(b) NEH will not charge fees for
providing the first copy of a record or
any portion of a record to whom the
record pertains. NEH will otherwise
charge copying fees at the same rate,
and using the same procedures, that
NEH has established for FOIA requests.
§ 1169.10 NEH systems of records that are
covered by exemptions under the Privacy
Act.
(a) Pursuant to and limited by 5
U.S.C. 552a(j)(2), the NEH system
entitled ‘‘Office of the Inspector General
Investigative Files’’ shall be exempted
from the provisions of 5 U.S.C. 552a,
except for subsections (b); (c)(1) and (2);
(e)(4)(A) through (F); (e)(6), (7), (9), (10),
and (11); and (i), insofar as that NEH
system contains information pertaining
to criminal law enforcement
investigations. NEH has implemented
this exemption because application of
these provisions of the Privacy Act
might alert investigation subjects to the
existence or scope of investigations;
lead to suppression, alteration,
fabrication, or destruction of evidence;
disclose investigative techniques or
procedures; reduce the cooperativeness
or safety of witnesses; or otherwise
impair investigations.
(b) Pursuant to and limited by 5
U.S.C. 552a(k)(2), the NEH system
entitled ‘‘Office of the Inspector General
Investigative Files’’ shall be exempted
from 5 U.S.C. 552a(c)(3); (d); (e)(1);
(e)(4)(G), (H), and (I); and (f), insofar as
that NEH system consists of
investigatory material compiled for law
enforcement purposes, other than
material within the scope of the
exemption at 5 U.S.C. 552a(j)(2).
(c) Pursuant to and limited by 5
U.S.C. 552a(k)(5), the NEH system
entitled ‘‘Grants and Cooperative
Agreements: Electronic Grant
Management System’’ shall be exempted
from 5 U.S.C. 552a(c)(3); (d); (e)(1);
(e)(4)(G), (H), and (I); and (f), insofar as
that NEH system consists of materials
which would reveal the identity of
references for fellowship or grant
applicants.
(d) Records on applicants for
employment at NEH are covered by the
Office of Personnel Management
government-wide system notice
‘‘Recruiting, Examining, and Placement
Records.’’ These records are exempted
as claimed in 5 CFR 297.501(b)(7).
(e) Pursuant to 5 U.S.C. 552a(d)(5),
nothing within these regulations shall
allow an individual access to any
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information compiled in reasonable
anticipation of a civil action or
proceeding.
(f) NEH may also assert exemptions
for records received from another
agency that could properly be claimed
by that agency in responding to a
request.
§ 1169.11 Penalties for obtaining an NEH
record under false pretenses.
Under 5 U.S.C. 552a(i)(3), any person
who knowingly and willfully requests
or obtains any record from NEH
concerning an individual under false
pretenses shall be guilty of a
misdemeanor and fined not more than
$5,000.
Dated: July 8, 2019.
Elizabeth Voyatzis,
Deputy General Counsel, National
Endowment for the Humanities.
[FR Doc. 2019–14998 Filed 7–18–19; 8:45 am]
BILLING CODE 7536–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 15 and 95
[ET Docket No. 16–56, ET Docket No. 14–
165, GN Docket No. 12–268, RM–11745, FCC
19–24]
Unlicensed White Space Devices
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In the Report and Order, the
Federal Communications Commission
(Commission) takes steps to improve the
accuracy and reliability of fixed white
space device data recorded in the white
space databases and assure that the
potential for these devices to cause
interference to protected services is
minimized. In the Order on
Reconsideration, the Commission
modifies the white space device antenna
height rules to allow improved
broadband coverage in rural areas, and
resolves certain outstanding white space
reconsideration issues. White space
devices are used to provide a variety of
wireless services, including broadband
data.
SUMMARY:
Effective August 19, 2019, except
for § 95.2309, which is delayed. We will
publish a document in the Federal
Register announcing the effective date.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Mr.
Hugh L. Van Tuyl at (202) 418–7506, or
Hugh.VanTuyl@fcc.gov.
DATES:
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This is a
summary of the Commission’s Report
and Order and Order on
Reconsideration, ET Docket No. 16–56,
ET Docket No. 14–165, and RM–11745,
FCC 19–24, adopted March 19, 2019 and
released March 20, 2019. The full text
of this document is available for public
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW, Washington, DC 20554, or by
downloading the text from the
Commission’s website at https://
www.fcc.gov/document/amendmentpart-15-rules-unlicensed-white-spacesdevices. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format) by sending an email to
fcc504@fcc.gov or calling the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
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Synopsis
Report and Order
1. In this Report and Order, the
Commission adopts certain changes to
the rules for fixed white space devices.
Specifically, it requires all fixed white
space devices to incorporate a geolocation capability such as GPS and
eliminates the option that permitted the
geographic coordinates of a fixed device
to be determined by a professional
installer. The Commission also will
allow the use of external geo-location
sources by a fixed white space device
when the device is used at a location
where its internal geo-location
capability does not function, such as
deep inside a building. In addition, the
Commission will require fixed white
space devices to periodically re-check
their geographic coordinates at least
once a day and report the coordinates to
the white space database.
2. Fixed device location data—The
Commission will require all fixed white
space devices to include an internal geolocation capability to determine their
geographic coordinates and require that
fixed white space devices automatically
provide their coordinates to the
database when the device is registered.
These actions will help ensure the
accuracy of information provided to the
white space database, thus reducing the
likelihood of imprecise registered
coordinates for fixed white space
devices. These actions will also enable
simpler ‘‘do-it-yourself’’ installations of
certain fixed devices, such as those
where a professional installer is not
needed to mount an antenna on a tall
structure. Additionally, these actions
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will provide a means for a fixed white
space device to automatically reestablish its coordinates if they are lost
or altered due to a power outage or
equipment reboot. The Commission
does not believe that these requirements
are overly burdensome because
manufacturers can incorporate a variety
of location technologies into their
devices. Many of these, such as GPS and
Wi-Fi, are widely available at low cost.
3. External geo-location capability—
The Commission will allow fixed white
space devices to obtain their geographic
coordinates through an external geolocation source when they are used at
locations where their internal geolocation capability does not function,
such as deep inside a building. It will
allow an external geo-location source to
be connected to a fixed device through
either a wired or a wireless connection
and allow a single geo-location source to
provide location information to multiple
fixed devices. The Commission will
require that an external geo-location
source be connected to a fixed device
using a secure connection that ensures
only an external geo-location source that
has been approved with a particular
fixed device can provide geographic
coordinates to that device. Additionally,
the Commission will allow the use of
extender cables to connect a remote
receive antenna to a geo-location
receiver within a fixed device. For any
of these scenarios, the Commission
requires the applicant for equipment
certification to demonstrate the location
uncertainty with a confidence level of
95%, and that the device reports the
location uncertainty correctly to the
database. These changes will increase
the flexibility that manufacturers have
to develop fixed white space devices
that can be used in a wide variety of
locations while ensuring devices
accurately determine their location and
report it to the white space database to
prevent harmful interference to
protected services.
4. Geo-location accuracy
requirement—The Commission does not
make any changes to the location
accuracy rules in the Report and Order.
It affirms the location accuracy rules
adopted in the TV White Spaces Order,
80 FR 73044, in the Order on
Reconsideration.
5. Daily database contact to report
geographic coordinates—The
Commission requires that a fixed white
space device verify its coordinates at
least once per day, except when not in
operation, and report its geographic
location to the database when it makes
a request for a list of available channels.
This action serves to improve the
accuracy of the coordinates that fixed
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white space devices report to the
database by providing multiple
observations that could be used to
reduce the uncertainty of the device’s
location. It will also provide a safeguard
that allows the coordinates to be reestablished if they are inadvertently or
deliberately altered. Because the daily
re-check of coordinates and
transmission of them to the white space
database will be automatic, this change
will not be burdensome on the users of
fixed white space devices.
6. Re-registration of devices when
moved or coordinates altered—The
Commission requires that a fixed white
space device’s coordinates and antenna
height above ground be re-established
and the device registered with the
database when it is moved or when its
coordinates are altered by more than
±50 meters from the last registered
location. By limiting this requirement to
location changes greater than 50 meters,
the Commission ensures that fixed
devices will not have to re-register with
the database repeatedly for small
changes in coordinates that have no
effect on channel availability. When a
fixed device is moved, or its coordinates
are changed by more than 50 meters, the
database will have accurate information
necessary to determine the channels
available for use by the device.
7. Determining antenna height above
ground—The Commission will not
require that fixed white space devices
automatically determine their antenna
height above ground. Instead, the
Commission will allow the installer or
operator of the device to manually enter
the height but will also provide the
option for devices to determine their
antenna height automatically. The
accuracy of height measurements
determined by GPS is lower than the
accuracy of geographic coordinates
determined by GPS, and a GPS receiver
in a fixed white space device may be at
a lower elevation than the transmit
antenna, introducing sources of
uncertainty into height determination.
Given the current state of technology,
the Commission finds it inappropriate
to require white space devices and
databases to use automatically
determined antenna height information
that may be in error at a particular
location. Erroneous height data could
preclude operation of a fixed device if
the antenna height above ground
reported to the database is outside of the
allowable range. The Commission
recognizes that improvements in
technology in the future could enable
white space devices to more accurately
determine their antenna height above
ground, so it provides the option for
fixed white space devices to
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automatically determine their antenna
height above ground.
8. The Commission finds NAB’s
suggestion to allow the database to
assume a 10-meter default antenna
height when an automatically
determined antenna height is out of
range to be an inadequate method of
compensating for errors. Thus, the
Commission concludes that it should
continue to permit the installer of a
device to manually enter the antenna
height above ground. While the
Commission recognizes NAB’s concern
about potential errors in antenna heights
entered by a professional installer, it
believes that installers will generally be
able to accurately determine the antenna
height above ground. Further, minor
errors in the reported antenna height
above ground of a fixed white space
device will in many cases have no
impact on the protection of television
services since the protection distances
that a fixed device must meet are the
same across ranges of antenna heights.
9. Transition provisions—The
Commission requires that fixed white
space devices that are approved by
Telecommunication Certification Bodies
(TCBs) beginning six months after the
effective date of the rules adopted in
this proceeding to comply with the new
rules. The Commission also permits the
continued marketing of previously
approved devices that do not comply
with the new rules until 18 months after
the effective date of the rules. These
deadlines provide sufficient time to
develop compliant products and
provide the industry with flexibility to
tailor manufacturing and importation
cutoff dates to suit the relevant
circumstances. The 18-month marketing
cutoff date also applies to parties other
than the manufacturer, so owners of
white space devices that do not comply
with the new rules will not be permitted
to re-sell the non-compliant devices
after this date. The Commission does
not establish any operational cutoff for
users of previously approved fixed
white space devices that do not comply
with the new rules because the number
of those devices is relatively small, as is
the likelihood that they would cause
interference.
10. Fixed device registration—The
Commission requires that the operator
of a fixed white space device be
responsible for the accuracy of the
registration information, because that is
the party capable of shutting down the
device as required by the part 15 rules
in the event the device causes harmful
interference. The operator could be the
owner of the device or another party
that has the capability to control and
deactivate the device. The fixed device
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registration must therefore provide the
contact information for the operator of
the fixed device. The Commission
permits a party such as a professional
installer to submit the registration
information on behalf of the owner or
operator, but the operator of the device
will ultimately be responsible for
ensuring its accuracy.
11. Verification of registration
information—The Commission declines
to adopt its proposal to require database
administrators to verify email addresses
or phone numbers for fixed device
registrations (81 FR 15210). The
Commission believes this requirement is
unnecessary and would be unduly
burdensome for database operators
because of the time and expense that
would be required to redesign their
systems to enable verification of contact
information and to actually verify the
information for each fixed device
registration. The database
administrators have already taken steps
to ensure that operators of fixed white
space devices supply all necessary
information for a device registration and
to reject information that is clearly
erroneous. Additionally, requiring
database administrators to hold new or
modified registrations inactive until
they verify the registrant’s contact
information could delay service to fixed
white space device users.
Order on Reconsideration
12. In this Order on Reconsideration,
the Commission addresses several
petitions for reconsideration of the
actions it took in the TV White Spaces
Order. The Commission affirms most of
the its decisions, with the exception of
increasing the maximum permissible
fixed white space device antenna height
above ground level in less congested
areas. The Commission will address at
a later time those petitions concerning
push notifications and white space
device operation on Channel 37. The
Commission previously addressed
petitions related to wireless
microphones.
Low Power Fixed Devices
13. Operation within adjacent
channel television contours—The
Commission denies NAB’s request to
reconsider the decision to permit fixed
white space devices to operate with 40
milliwatts EIRP within the contour of
adjacent channel television stations
with an antenna height that does not
exceed 10 meters above ground level.
The Commission is not persuaded that
permitting such operation poses a
significant threat of harmful interference
to adjacent channel television reception.
Interference to television reception from
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an adjacent channel transmitter occurs
when the signal from that transmitter is
substantially greater than the received
television signal level and is most likely
to occur where the television signal is
weak, such as at the edge of a station’s
coverage area where an outdoor
directional rooftop television antenna
would be needed to obtain good
reception. The highest likelihood of
harmful interference occurring would be
when the main beams of both antennas
are pointed towards each other when
the devices are in close proximity.
Because fixed white space devices must
use directional antennas with a gain of
at least 6 dBi to reach the 40-milliwatt
EIRP level allowed by the rules, the
Commission expects this to be a low
probability event. Moreover, even if all
factors were to align and create a worstcase situation, the Commission
disagrees with NAB’s claim that 160meter separation would be required to
protect television reception from a 40milliwatt white space device. Using the
¥84 dBm threshold for a UHFtelevision signal and applying the ¥33
dB D/U ratio for adjacent channel
interference and assuming worst-case
free space loss, a 40-milliwatt white
space device need only be separated
from a television antenna by 88 meters;
significantly less than the distance
claimed by NAB. While the Commission
recognizes that this distance is not de
minimis, it notes that it is based on the
low probability event of several worstcase conditions occurring
simultaneously. The majority of overthe-air television reception occurs at
higher signal levels than assumed here,
and white space device signals are
likely to attenuate faster than
assumptions of free space propagation
would indicate. Other factors are also
likely to decrease the distance at which
interference could occur, including the
mismatch between the directivity of the
white space transmit and the television
receive antennas, and any intervening
obstacles between the antennas. The
Commission does not believe that the
low probability case where all worstcase conditions occur simultaneously
should lead it to adopt overly restrictive
requirements, and points out that if a
white space device causes harmful
interference to television reception, it
must remedy such interference up to
and including ceasing operation.
14. Power limits—The Commission
denies Microsoft’s request to change the
rule that requires fixed devices to use a
directional antenna with at least 6 dBi
gain in order to transmit at the 40milliwatt limit. While in many
situations an indoor 40-milliwatt fixed
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device with an omnidirectional antenna
would pose no more risk of interference
than a personal/portable device
operating at 40 milliwatts with an
omnidirectional antenna, the
Commission notes that in modifying the
rules to allow low power fixed devices
to operate inside the contour of an
adjacent television channel, it relied on
the directional antenna requirement to
ensure a low probability for causing
interference. The Commission further
notes that devices do not specify to the
database whether operation is indoors
or outdoors, so there is no way to
distinguish such operations and permit
omnidirectional antennas indoors and
require directional antennas outdoors.
Because the Commission requires all
fixed devices to incorporate a geolocation capability and comply with
minimum separation distances from
registered licensed wireless
microphones, it disagrees with Shure’s
contention that a fixed white space
device that operates indoors would have
any greater potential for causing
interference to wireless microphones
than fixed devices used outdoors.
15. The Commission concludes that it
is unnecessary to address whether inhome wireless routers are fixed devices
and consequently whether moving a
router from one area of a house to
another would be a de minimis change
in location that would require
professional re-installation.
16. Operation on contiguous
channels—The Commission denies
Carlson/Cal.net’s request to increase the
maximum allowable power above 100
milliwatts EIRP for fixed white space
devices that operate on two or more
contiguous vacant channels with a
three-megahertz frequency separation
from occupied adjacent television
channels. Carlson/Cal.net does not
explain what it believes to be the correct
interference analysis assumptions, and
does not justify its assertion that
orthogonal polarization between a white
space device transmit antenna and a
television receive antenna will result in
12–15 dB of signal attenuation. Carlson/
Cal.net indicates that it has not
performed testing to demonstrate
whether fixed white space devices
could operate at four watts EIRP without
causing interference to television
reception when operating with only
three-megahertz frequency separation
from an occupied adjacent television
channel, and no other party has
provided relevant test results. For those
reasons, the Commission upholds its
decision to limit fixed white space
devices that operate on contiguous
vacant channels to 100 milliwatts EIRP,
or to 50 milliwatts EIRP on a channel
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with a three-megahertz frequency
separation from an occupied adjacent
television channel.
17. Variable power levels—The
Commission denies NAB’s request to
make certain modifications to the rules
intended to ensure that white space
devices operate only on authorized
channels and at authorized power
levels. It declines to require white space
devices to report their operating
channels and power levels to the
database, noting that it previously
considered and rejected a similar
request and stating that NAB has not
provided any information that would
persuade the Commission to change its
previous decision. The Commission
disagrees with NAB that the rules
provide no guidance or mechanisms to
ensure that white space devices will
operate as required. It notes that both
fixed and Mode II personal/portable
devices are subject to requirements that
operation is permitted only on channels
and at power levels that are indicated in
the database as being available for the
device, and that operation on a channel
must cease immediately or power must
be reduced to a permissible level if the
database indicates that the channel is no
longer available at the current operating
level. The Commission also notes that
white space devices may not contain an
interface that allows users to select
higher power levels than the database
indicates are available for a channel at
a given location, and that a
manufacturer must demonstrate that a
white space device will comply with
these requirements in order to obtain
certification for the device. Thus, the
Commission concludes that it does not
need to impose additional requirements
on white space devices to implement
the rules that allow operation at a
variety of power levels.
Fixed White Space Device Antennas
18. Antenna height above ground
level and average terrain—The
Commission grants WISPA’s request to
increase the maximum allowable
antenna height above ground for fixed
white space devices, but denies its
request to increase the maximum
antenna height above average terrain.
The increase in allowable fixed white
space device antenna height above
ground level from 30 meters to 100
meters in less congested areas will allow
for improved wireless broadband
service to persons in rural and other
underserved areas. A 100-meter height
above ground level limit will permit
antennas to be mounted on towers or
other structures at heights sufficient to
clear intervening obstacles such as trees
and hills that would attenuate the
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transmitted signal, thereby increasing
the range at which the signal can be
received. Less congested areas will have
many vacant channels and therefore a
low likelihood that increased antenna
height above ground level would affect
other operations in the television bands.
The Commission may consider
increasing the antenna height above
average terrain limit in the future if it
has a more complete record addressing
this issue.
19. Antenna Directivity—The
Commission denies WISPA’s request for
reconsideration of its decision to
prohibit television white space
databases from considering fixed device
antenna directivity in determining
channel availability. The Commission
lacks sufficient information to develop
rules that would ensure that television
and other services are protected from
harmful interference. Allowing
consideration of directional antenna
patterns would add additional
complexity to the operation of fixed
devices and the white space databases,
since there are many factors that would
have to be addressed. The database
would have to contain information
describing fixed white space device
antenna patterns, and the Commission
may need to specify additional
requirements such the size of the arc
over which white space devices must
limit their power or minimum
separation distances at additional power
levels. Additionally, the Commission
would need to address how to ensure
that the orientation of a directional
antenna is accurately reported to the
white space database. The Commission
could consider this issue again in the
future.
20. Geo-location accuracy
requirement—The Commission denies
NAB’s request to modify the location
uncertainty rules. It finds that NAB’s
request to limit the maximum geolocation uncertainty to ±100 meters is
overly restrictive and would eliminate
most of the flexibility that the
Commission provided in adopting this
rule since it would allow only an
additional 50 meters of uncertainty for
less precise location technologies. The
Commission disagrees with NAB that it
is necessary to specify an upper limit on
location uncertainty. Because a higher
location uncertainty requires an
increase in separation distances from
protected services, manufacturers will
have an incentive to determine a
device’s location as precisely as possible
to maximize the number of channels
that a device can use.
21. The Commission does not believe
it is necessary to modify the rules to
require the use of the ETSI EN 301 598
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standard for determining a device’s
location accuracy. It expects that many
manufacturers may wish to use this
standard because it addresses
measurements they need to make, but
does not want to preclude the use of
other standards or measurement
methods that may be developed in the
future.
Procedural Matters
22. Final Regulatory Flexibility
Analysis.—The Final Regulatory
Flexibility Analysis, required by the
Regulatory Flexibility Act, see 5 U.S.C.
604, is contained in Appendix D of the
Report and Order and Order of
Reconsideration.
23. Paperwork Reduction Act.—This
document contains modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
will be submitted to the Office of
Management and Budget (OMB) for
review under Section 3507(d) of the
PRA. OMB, the general public, and
other Federal agencies will be invited to
comment on the new or modified
information collection requirements
contained in this proceeding. In
addition, we note that pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), we previously sought
specific comment on how the
Commission might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
24. The Commission has assessed the
effects of the policies adopted in this
Report and Order and Order on
Reconsideration with regard to
information collection burdens on small
business concerns, and find that these
policies will benefit many companies
with fewer than 25 employees by
providing unlicensed white space
devices and unlicensed wireless
microphones with access to spectrum in
the television broadcasting band and the
600 MHz band, while at the same time
protecting licensed users from harmful
interference. In addition, we have
described impacts that might affect
small businesses, which includes most
businesses with fewer than 25
employees, in the Final Regulatory
Flexibility Analysis in Appendix D of
the Report and Order and Order of
Reconsideration.
25. Congressional Review Act.—The
Commission will send a copy of this
Report and Order and Order on
Reconsideration to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
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Ordering Clauses
26. It is ordered that, pursuant to the
authority contained in sections 4(i), 302,
303(b), (c), (e), (f), (r), and 307 of the
Communications Act of 1934, as
amended, and sections 6403 and 6407 of
the Middle Class Tax Relief and Job
Creation Act of 2012, Public Law 112–
96, 126 Stat. 156, 47 U.S.C. 154(i), 302,
303(b), (c), (e), (f), (r), 307, 1452, 1454,
this Report and Order and Order on
Reconsideration is hereby adopted.
27. It is further ordered that part 15
of the Commission’s rules is amended as
specified below, and such rule
amendments will become effective 30
days after the date of publication in the
Federal Register.
28. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Report and Order and Order on
Reconsideration, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the U.S.
Small Business Administration.
29. It is further ordered that the
Commission shall send a copy of the
Report and Order and Order on
Reconsideration in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects
47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
47 CFR Part 95
Communications equipment, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 15
and 95 as follows:
PART 15—RADIO FREQUENCY
DEVICES
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.
2. Section 15.37 is amended by
revising the section heading and adding
paragraph (q) to read as follows:
■
§ 15.37 Transition provisions for
compliance with this part.
*
PO 00000
*
Frm 00028
*
*
Fmt 4700
*
Sfmt 4700
(q) All fixed white space devices
which are approved by
Telecommunication Certification Bodies
on or after February 19, 2020 or that are
marketed on or after February 19, 2021
shall comply with the requirements of
§ 15.711(c). Fixed white space devices
which are approved or marketed before
the dates in the preceding sentence shall
comply with either the requirements of
§ 15.711(c) or the requirements of
§ 15.711(c) as in effect prior to August
19, 2019 (see 47 CFR part 15 as revised
October 1, 2018).
■ 3. Section 15.703 is amended by
revising paragraphs (a), (b), and (c),
removing the note to paragraphs (a), (b),
and (c), and revising paragraphs (o) and
(r) to read as follows:
§ 15.703
Definitions.
(a) 600 MHz duplex gap. An 11
megahertz guard band at 652–663 MHz
that separates part 27 600 MHz service
uplink and downlink frequencies.
(b) 600 MHz guard band. Designated
frequency band at 614–617 MHz that
prevents interference between licensed
services in the 600 MHz service band
and channel 37.
(c) 600 MHz service band.
Frequencies in the 617–652 MHz and
663–698 MHz bands that are reallocated
and reassigned for 600 MHz band
services under part 27 of this chapter.
*
*
*
*
*
(o) Sensing only device. A personal/
portable white space device 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).
*
*
*
*
*
(r) Television bands. 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) and 470–608 MHz
(channels 14–36).
*
*
*
*
*
■ 4. Section 15.707 is amended by
revising paragraph (a) to read as follows:
§ 15.707 Permissible channels of
operation.
(a)(1) 470–698 MHz band. All white
space devices are permitted to operate
on available channels in the frequency
bands 470–698 MHz (TV channels 14–
51), subject to the interference
protection requirements in §§ 15.711
and 15.712.
(2) 600 MHz duplex gap. White space
devices may operate in the 657–663
MHz segment of the 600 MHz duplex
gap.
(3) 600 MHz service band. White
space devices may operate on
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frequencies in the bands 617–652 MHz
and 663–698 MHz in areas where 600
MHz band licensees have not
commenced operations, as defined in
§ 27.4 of this chapter.
(4) Channel 37 guard band. White
space devices are not permitted to
operate in the band 614–617 MHz.
*
*
*
*
*
5. Section 15.709 is amended by
revising paragraphs (a)(3), (b)(1) and (2),
and (g)(1)(i) to read as follows:
■
§ 15.709
General technical requirements.
(a) * * *
(3) 608–614 MHz band (channel 37).
Up to 40 mW (16 dBm) EIRP.
*
*
*
*
*
(b) * * *
(1) Fixed white space devices. (i)
Technical limits for fixed white space
devices are shown in the table in
paragraph (b)(1)(iii) of this section and
subject to the requirements of this
section.
(ii) For operation at EIRP levels of 36
dBm (4,000 mW) or less, fixed white
space devices may operate at EIRP
levels between the values shown in the
table in paragraph (b)(1)(iii) of this
section provided that the conducted
34797
power and the conducted power
spectral density (PSD) limits are linearly
interpolated between the values shown
and the adjacent channel emission limit
of the higher value shown in the table
is met. Operation at EIRP levels above
36 dBm (4,000 mW) shall follow the
requirements for 40 dBm (10,000 mW).
(iii) The conducted power spectral
density from a fixed white space device
shall not be greater than the values
shown in the table in this paragraph
(b)(1)(iii) when measured in any 100
kHz band during any time interval of
continuous transmission.
TABLE 1 TO PARAGRAPH (b)(1)(iii)
EIRP
(6 MHz)
16
20
24
28
32
36
40
dBm
dBm
dBm
dBm
dBm
dBm
dBm
Conducted
PSD limit
(100 kHz)
(dBm)
Conducted power limit
(6 MHz)
(40 mW) ................................................
(100 mW) ..............................................
(250 mW) ..............................................
(625 mW) ..............................................
(1,600 mW) ...........................................
(4,000 mW) ...........................................
(10,000 mW) .........................................
(2) Personal/portable white space
devices. (i) Technical limits for
personal/portable white space devices
are shown in the table in paragraph
10
14
18
22
26
30
30
dBm
dBm
dBm
dBm
dBm
dBm
dBm
¥7.4
¥3.4
0.6
4.6
8.6
12.6
12.6
(10 mW) ................................................
(25 mW) ................................................
(63 mW) ................................................
(158 mW) ..............................................
(400 mW) ..............................................
(1,000 mW) ...........................................
(1,000 mW) ...........................................
(b)(2)(ii) of this section and subject to
the requirements of this section.
(ii) The radiated power spectral
density from a personal/portable white
space device shall not be greater than
Conducted
adjacent channel
emission limit
(100 kHz)
(dBm)
¥62.8
¥58.8
¥54.8
¥50.8
¥46.8
¥42.8
¥42.8
the values shown in the table in this
paragraph (b)(2)(ii) when measured in
any 100 kHz band during any time
interval of continuous transmission.
TABLE 2 TO PARAGRAPH (b)(2)(ii)
Radiated PSD
limit EIRP
(100 kHz)
(dBm)
EIRP
(6 MHz)
¥1.4
2.6
16 dBm (40 mW) .................................................................................................................................
20 dBm (100 mW) ...............................................................................................................................
jspears on DSK30JT082PROD with RULES
*
*
*
*
*
(g) Antenna requirements—(1) Fixed
white space devices—(i) Above ground
level. The transmit antenna height shall
not exceed 100 meters above ground
level in less congested areas or 30
meters above ground level in other
areas, except that the antenna height
may not exceed 10 meters above ground
level in any area for fixed white space
devices operating in the TV bands at 40
mW EIRP or less or operating across
multiple contiguous TV channels at 100
mW EIRP or less.
*
*
*
*
*
6. Section 15.711 is amended by
revising paragraphs (c)(1) introductory
text and (c)(1)(i), adding paragraphs
■
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(c)(1)(iii) and (iv), and revising
paragraph (c)(2)(iii) to read as follows:
§ 15.711
Interference avoidance methods.
*
*
*
*
*
(c) Requirements for fixed white space
devices. (1) The geographic coordinates
of a fixed white space device shall be
determined at the time of installation
and first activation from a power off
condition by an incorporated geolocation capability. The antenna height
above ground shall be determined by
the installer or operator of the device, or
by an automatic means. This
information shall be stored internally in
the white space device and transmitted
automatically by the device to the white
space database. The operator of a fixed
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Fmt 4700
Sfmt 4700
Radiated adjacent
channel emission
limit EIRP
(100 kHz)
(dBm)
¥56.8
¥52.8
white space device shall be responsible
for assuring the accuracy of the
information registered in the white
space database. If a fixed white space
device is moved to another location or
if its stored coordinates become altered,
the operator shall reestablish the
device’s:
(i) Geographic location through the
incorporated geo-location capability and
the antenna height above ground level
and store this information in the white
space device; and
*
*
*
*
*
(iii) A fixed white space device may
obtain its geographic coordinates
through an external geo-location source
when it is used at a location where its
internal geo-location capability does not
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Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Rules and Regulations
function. An external geo-location
source may be connected to a fixed
device through either a wired or a
wireless connection, and a single geolocation source may provide location
information to multiple fixed devices.
An external geo-location source must be
connected to a fixed device using a
secure connection that ensures that only
an external geo-location source that has
been approved with a particular fixed
device can provide geographic
coordinates to that device. The
geographic coordinates must be
provided automatically by the external
geo-location source to the fixed device;
users may not manually enter them.
Alternatively, an extender cable may be
used to connect a remote receive
antenna to a geo-location receiver
within a fixed device.
(iv) The applicant for certification of
a fixed device must demonstrate the
accuracy of the geo-location method
used and the location uncertainty as
defined in paragraph (b) of this section.
For fixed devices that are not using an
internal geo-location capability, this
uncertainty must account for the
accuracy of the geo-location source and
the separation distance between such
source and the white space device.
(2) * * *
(iii) Each fixed white space device
shall access the database at least once a
day to verify that the operating channels
continue to remain available. Each fixed
white space device must adjust its use
of channels in accordance with channel
availability schedule information
provided by its database for the 48-hour
period beginning at the time the device
last accessed the database for a list of
available channels. The fixed device’s
registration information shall be
updated if the geographic coordinates
reported to the database differ by more
than ±50 meters from the previously
registered coordinates.
*
*
*
*
*
7. Section 15.712 is amended by
revising paragraph (j) to read as follows:
■
§ 15.712 Interference protection
requirements.
*
*
*
*
*
(j) Wireless Medical Telemetry
Service. (1) White space devices
operating in the 608–614 MHz band
(channel 37) are not permitted to
operate within an area defined by the
polygon described in § 15.713(j)(11)
plus the distances specified in the tables
in this paragraph (j)(1):
(i) Mode II personal/portable white
space devices.
TABLE 23 TO PARAGRAPH (j)(1)(i)
Required co-channel
separation distances
in kilometers from
edge of polygon
16 dBm
(40 mW)
Communicating with Mode II or Fixed device .....................................................................................................................
Communicating with Mode I device ....................................................................................................................................
(ii) Fixed white space devices, except
that when communicating with Mode I
personal/portable white space devices,
the required separation distances must
0.38
0.76
be increased beyond the specified
distances by 0.38 kilometers.
TABLE 24 TO PARAGRAPH (j)(1)(ii)
Required co-channel
separation distances
in kilometers from
edge of polygon
Antenna height above average terrain of unlicensed devices
(meters)
16 dBm
(40 mW)
jspears on DSK30JT082PROD with RULES
Less than 3 ..........................................................................................................................................................................
3–10 .....................................................................................................................................................................................
10–30 ...................................................................................................................................................................................
30–50 ...................................................................................................................................................................................
50–75 ...................................................................................................................................................................................
75–100 .................................................................................................................................................................................
100–150 ...............................................................................................................................................................................
150–200 ...............................................................................................................................................................................
200–250 ...............................................................................................................................................................................
(2) White space devices operating in
the 602–608 MHz band (channel 36) and
614–620 MHz band (channel 38) are not
permitted to operate within an area
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defined by the polygon described in
§ 15.713(j)(11) plus the distances
specified in the tables in this paragraph
(j)(2):
PO 00000
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Fmt 4700
Sfmt 4700
0.38
0.70
1.20
1.55
1.90
2.20
2.70
3.15
3.50
(i) Mode II personal/portable white
space devices.
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19JYR1
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Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Rules and Regulations
TABLE 25 TO PARAGRAPH (j)(2)(i)
Required adjacent channel separation
distances in meters from edge of polygon
16 dBm
(40 mW)
20 dBm
(100 mW)
8
16
13
26
Communicating with Mode II or Fixed device .........................................................................
Communicating with Mode I device ........................................................................................
(ii) Fixed white space devices, except
that when communicating with Mode I
personal/portable white space devices,
the required separation distances must
be increased beyond the specified
distances by 8 meters if the Mode I
device operates at power levels no more
than 40 mW EIRP, or 13 meters if the
Mode I device operates at power levels
above 40 mW EIRP.
TABLE 26 TO PARAGRAPH (j)(2)(ii)
Required adjacent channel separation distances
in meters from edge of polygon
16 dBm
(40 mW)
20 dBm
(100 mW)
24 dBm
(250 mW)
28 dBm
(625 mW)
32 dBm
(1600 mW)
36 dBm
(4 watts)
8 ...............................................................................................................
13
20
32
50
71
*
*
*
*
*
■ 8. Section 15.713 is amended by
revising paragraph (a)(1) to read as
follows:
jspears on DSK30JT082PROD with RULES
§ 15.713
White space database.
(a) * * *
(1) To determine and provide to a
white space device, upon request, the
available channels at the white space
device’s location in the TV bands, the
600 MHz duplex gap, the 600 MHz
service band, and 608–614 MHz
(channel 37). Available channels are
determined based on the interference
protection requirements in § 15.712. A
database must provide fixed and Mode
II personal portable white space devices
with channel availability information
that includes scheduled changes in
channel availability over the course of
the 48-hour period beginning at the time
the white space devices make a recheck
contact. In making lists of available
channels available to a white space
device, the white space database shall
ensure that all communications and
interactions between the white space
database and the white space device
include adequate security measures
such that unauthorized parties cannot
access or alter the white space database
or the list of available channels sent to
white space devices or otherwise affect
the database system or white space
devices in performing their intended
functions or in providing adequate
interference protections to authorized
services operating in the TV bands, the
600 MHz duplex gap, the 600 MHz
service band, and 608–614 MHz
(channel 37). In addition, a white space
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database must also verify that the FCC
identifier (FCC ID) of a device seeking
access to its services is valid; under the
requirement in this paragraph (a)(1) the
white space database must also verify
that the FCC ID of a Mode I device
provided by a fixed or Mode II device
is valid. A list of devices with valid FCC
IDs and the FCC IDs of those devices is
to be obtained from the Commission’s
Equipment Authorization System.
*
*
*
*
*
■ 9. Section 15.714 is amended by
revising paragraph (a) to read as follows:
§ 15.714 White space database
administration fees.
PART 95—PERSONAL RADIO
SERVICES
10. The authority citation for part 95
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 307.
11. Section 95.2309 is amended by
adding paragraph (h) to read as follows:
■
WMTS frequency coordination.
*
*
*
*
*
(h) Obtaining interference protection.
To receive interference protection,
parties operating WMTS networks in the
PO 00000
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Fmt 4700
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[FR Doc. 2019–10921 Filed 7–18–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 181203999–9503–02]
(a) A white space 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
paragraph (a) applies to devices that
operate in the TV bands, the 600 MHz
service band, the 600 MHz duplex gap,
and 608–614 MHz (channel 37).
*
*
*
*
*
§ 95.2309
608–614 MHz frequency band shall
notify one of the white space database
administrators of their operating
location pursuant to §§ 15.713(j)(11) and
15.715(p) of this chapter.
RIN 0648–BI64
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 58
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action approves and
implements Framework Adjustment 58
to the Northeast Multispecies Fishery
Management Plan. This rule sets 2019–
2020 catch limits for 7 of the 20
multispecies (groundfish) stocks,
implements new or revised rebuilding
plans for 5 stocks, revises an
accountability measure, and makes
other minor changes to groundfish
management measures. This action is
SUMMARY:
E:\FR\FM\19JYR1.SGM
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Agencies
[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34792-34799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10921]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15 and 95
[ET Docket No. 16-56, ET Docket No. 14-165, GN Docket No. 12-268, RM-
11745, FCC 19-24]
Unlicensed White Space Devices
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In the Report and Order, the Federal Communications Commission
(Commission) takes steps to improve the accuracy and reliability of
fixed white space device data recorded in the white space databases and
assure that the potential for these devices to cause interference to
protected services is minimized. In the Order on Reconsideration, the
Commission modifies the white space device antenna height rules to
allow improved broadband coverage in rural areas, and resolves certain
outstanding white space reconsideration issues. White space devices are
used to provide a variety of wireless services, including broadband
data.
DATES: Effective August 19, 2019, except for Sec. 95.2309, which is
delayed. We will publish a document in the Federal Register announcing
the effective date.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Mr. Hugh L. Van Tuyl at (202) 418-
7506, or [email protected].
[[Page 34793]]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and Order on Reconsideration, ET Docket No. 16-56, ET Docket
No. 14-165, and RM-11745, FCC 19-24, adopted March 19, 2019 and
released March 20, 2019. The full text of this document is available
for public inspection and copying during normal business hours in the
FCC Reference Center (Room CY-A257), 445 12th Street SW, Washington, DC
20554, or by downloading the text from the Commission's website at
https://www.fcc.gov/document/amendment-part-15-rules-unlicensed-white-spaces-devices. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to [email protected] or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Synopsis
Report and Order
1. In this Report and Order, the Commission adopts certain changes
to the rules for fixed white space devices. Specifically, it requires
all fixed white space devices to incorporate a geo-location capability
such as GPS and eliminates the option that permitted the geographic
coordinates of a fixed device to be determined by a professional
installer. The Commission also will allow the use of external geo-
location sources by a fixed white space device when the device is used
at a location where its internal geo-location capability does not
function, such as deep inside a building. In addition, the Commission
will require fixed white space devices to periodically re-check their
geographic coordinates at least once a day and report the coordinates
to the white space database.
2. Fixed device location data--The Commission will require all
fixed white space devices to include an internal geo-location
capability to determine their geographic coordinates and require that
fixed white space devices automatically provide their coordinates to
the database when the device is registered. These actions will help
ensure the accuracy of information provided to the white space
database, thus reducing the likelihood of imprecise registered
coordinates for fixed white space devices. These actions will also
enable simpler ``do-it-yourself'' installations of certain fixed
devices, such as those where a professional installer is not needed to
mount an antenna on a tall structure. Additionally, these actions will
provide a means for a fixed white space device to automatically re-
establish its coordinates if they are lost or altered due to a power
outage or equipment reboot. The Commission does not believe that these
requirements are overly burdensome because manufacturers can
incorporate a variety of location technologies into their devices. Many
of these, such as GPS and Wi-Fi, are widely available at low cost.
3. External geo-location capability--The Commission will allow
fixed white space devices to obtain their geographic coordinates
through an external geo-location source when they are used at locations
where their internal geo-location capability does not function, such as
deep inside a building. It will allow an external geo-location source
to be connected to a fixed device through either a wired or a wireless
connection and allow a single geo-location source to provide location
information to multiple fixed devices. The Commission will require that
an external geo-location source be connected to a fixed device using a
secure connection that ensures only an external geo-location source
that has been approved with a particular fixed device can provide
geographic coordinates to that device. Additionally, the Commission
will allow the use of extender cables to connect a remote receive
antenna to a geo-location receiver within a fixed device. For any of
these scenarios, the Commission requires the applicant for equipment
certification to demonstrate the location uncertainty with a confidence
level of 95%, and that the device reports the location uncertainty
correctly to the database. These changes will increase the flexibility
that manufacturers have to develop fixed white space devices that can
be used in a wide variety of locations while ensuring devices
accurately determine their location and report it to the white space
database to prevent harmful interference to protected services.
4. Geo-location accuracy requirement--The Commission does not make
any changes to the location accuracy rules in the Report and Order. It
affirms the location accuracy rules adopted in the TV White Spaces
Order, 80 FR 73044, in the Order on Reconsideration.
5. Daily database contact to report geographic coordinates--The
Commission requires that a fixed white space device verify its
coordinates at least once per day, except when not in operation, and
report its geographic location to the database when it makes a request
for a list of available channels. This action serves to improve the
accuracy of the coordinates that fixed white space devices report to
the database by providing multiple observations that could be used to
reduce the uncertainty of the device's location. It will also provide a
safeguard that allows the coordinates to be re-established if they are
inadvertently or deliberately altered. Because the daily re-check of
coordinates and transmission of them to the white space database will
be automatic, this change will not be burdensome on the users of fixed
white space devices.
6. Re-registration of devices when moved or coordinates altered--
The Commission requires that a fixed white space device's coordinates
and antenna height above ground be re-established and the device
registered with the database when it is moved or when its coordinates
are altered by more than 50 meters from the last registered
location. By limiting this requirement to location changes greater than
50 meters, the Commission ensures that fixed devices will not have to
re-register with the database repeatedly for small changes in
coordinates that have no effect on channel availability. When a fixed
device is moved, or its coordinates are changed by more than 50 meters,
the database will have accurate information necessary to determine the
channels available for use by the device.
7. Determining antenna height above ground--The Commission will not
require that fixed white space devices automatically determine their
antenna height above ground. Instead, the Commission will allow the
installer or operator of the device to manually enter the height but
will also provide the option for devices to determine their antenna
height automatically. The accuracy of height measurements determined by
GPS is lower than the accuracy of geographic coordinates determined by
GPS, and a GPS receiver in a fixed white space device may be at a lower
elevation than the transmit antenna, introducing sources of uncertainty
into height determination. Given the current state of technology, the
Commission finds it inappropriate to require white space devices and
databases to use automatically determined antenna height information
that may be in error at a particular location. Erroneous height data
could preclude operation of a fixed device if the antenna height above
ground reported to the database is outside of the allowable range. The
Commission recognizes that improvements in technology in the future
could enable white space devices to more accurately determine their
antenna height above ground, so it provides the option for fixed white
space devices to
[[Page 34794]]
automatically determine their antenna height above ground.
8. The Commission finds NAB's suggestion to allow the database to
assume a 10-meter default antenna height when an automatically
determined antenna height is out of range to be an inadequate method of
compensating for errors. Thus, the Commission concludes that it should
continue to permit the installer of a device to manually enter the
antenna height above ground. While the Commission recognizes NAB's
concern about potential errors in antenna heights entered by a
professional installer, it believes that installers will generally be
able to accurately determine the antenna height above ground. Further,
minor errors in the reported antenna height above ground of a fixed
white space device will in many cases have no impact on the protection
of television services since the protection distances that a fixed
device must meet are the same across ranges of antenna heights.
9. Transition provisions--The Commission requires that fixed white
space devices that are approved by Telecommunication Certification
Bodies (TCBs) beginning six months after the effective date of the
rules adopted in this proceeding to comply with the new rules. The
Commission also permits the continued marketing of previously approved
devices that do not comply with the new rules until 18 months after the
effective date of the rules. These deadlines provide sufficient time to
develop compliant products and provide the industry with flexibility to
tailor manufacturing and importation cutoff dates to suit the relevant
circumstances. The 18-month marketing cutoff date also applies to
parties other than the manufacturer, so owners of white space devices
that do not comply with the new rules will not be permitted to re-sell
the non-compliant devices after this date. The Commission does not
establish any operational cutoff for users of previously approved fixed
white space devices that do not comply with the new rules because the
number of those devices is relatively small, as is the likelihood that
they would cause interference.
10. Fixed device registration--The Commission requires that the
operator of a fixed white space device be responsible for the accuracy
of the registration information, because that is the party capable of
shutting down the device as required by the part 15 rules in the event
the device causes harmful interference. The operator could be the owner
of the device or another party that has the capability to control and
deactivate the device. The fixed device registration must therefore
provide the contact information for the operator of the fixed device.
The Commission permits a party such as a professional installer to
submit the registration information on behalf of the owner or operator,
but the operator of the device will ultimately be responsible for
ensuring its accuracy.
11. Verification of registration information--The Commission
declines to adopt its proposal to require database administrators to
verify email addresses or phone numbers for fixed device registrations
(81 FR 15210). The Commission believes this requirement is unnecessary
and would be unduly burdensome for database operators because of the
time and expense that would be required to redesign their systems to
enable verification of contact information and to actually verify the
information for each fixed device registration. The database
administrators have already taken steps to ensure that operators of
fixed white space devices supply all necessary information for a device
registration and to reject information that is clearly erroneous.
Additionally, requiring database administrators to hold new or modified
registrations inactive until they verify the registrant's contact
information could delay service to fixed white space device users.
Order on Reconsideration
12. In this Order on Reconsideration, the Commission addresses
several petitions for reconsideration of the actions it took in the TV
White Spaces Order. The Commission affirms most of the its decisions,
with the exception of increasing the maximum permissible fixed white
space device antenna height above ground level in less congested areas.
The Commission will address at a later time those petitions concerning
push notifications and white space device operation on Channel 37. The
Commission previously addressed petitions related to wireless
microphones.
Low Power Fixed Devices
13. Operation within adjacent channel television contours--The
Commission denies NAB's request to reconsider the decision to permit
fixed white space devices to operate with 40 milliwatts EIRP within the
contour of adjacent channel television stations with an antenna height
that does not exceed 10 meters above ground level. The Commission is
not persuaded that permitting such operation poses a significant threat
of harmful interference to adjacent channel television reception.
Interference to television reception from an adjacent channel
transmitter occurs when the signal from that transmitter is
substantially greater than the received television signal level and is
most likely to occur where the television signal is weak, such as at
the edge of a station's coverage area where an outdoor directional
rooftop television antenna would be needed to obtain good reception.
The highest likelihood of harmful interference occurring would be when
the main beams of both antennas are pointed towards each other when the
devices are in close proximity. Because fixed white space devices must
use directional antennas with a gain of at least 6 dBi to reach the 40-
milliwatt EIRP level allowed by the rules, the Commission expects this
to be a low probability event. Moreover, even if all factors were to
align and create a worst-case situation, the Commission disagrees with
NAB's claim that 160-meter separation would be required to protect
television reception from a 40-milliwatt white space device. Using the
-84 dBm threshold for a UHF-television signal and applying the -33 dB
D/U ratio for adjacent channel interference and assuming worst-case
free space loss, a 40-milliwatt white space device need only be
separated from a television antenna by 88 meters; significantly less
than the distance claimed by NAB. While the Commission recognizes that
this distance is not de minimis, it notes that it is based on the low
probability event of several worst-case conditions occurring
simultaneously. The majority of over-the-air television reception
occurs at higher signal levels than assumed here, and white space
device signals are likely to attenuate faster than assumptions of free
space propagation would indicate. Other factors are also likely to
decrease the distance at which interference could occur, including the
mismatch between the directivity of the white space transmit and the
television receive antennas, and any intervening obstacles between the
antennas. The Commission does not believe that the low probability case
where all worst-case conditions occur simultaneously should lead it to
adopt overly restrictive requirements, and points out that if a white
space device causes harmful interference to television reception, it
must remedy such interference up to and including ceasing operation.
14. Power limits--The Commission denies Microsoft's request to
change the rule that requires fixed devices to use a directional
antenna with at least 6 dBi gain in order to transmit at the 40-
milliwatt limit. While in many situations an indoor 40-milliwatt fixed
[[Page 34795]]
device with an omnidirectional antenna would pose no more risk of
interference than a personal/portable device operating at 40 milliwatts
with an omnidirectional antenna, the Commission notes that in modifying
the rules to allow low power fixed devices to operate inside the
contour of an adjacent television channel, it relied on the directional
antenna requirement to ensure a low probability for causing
interference. The Commission further notes that devices do not specify
to the database whether operation is indoors or outdoors, so there is
no way to distinguish such operations and permit omnidirectional
antennas indoors and require directional antennas outdoors. Because the
Commission requires all fixed devices to incorporate a geo-location
capability and comply with minimum separation distances from registered
licensed wireless microphones, it disagrees with Shure's contention
that a fixed white space device that operates indoors would have any
greater potential for causing interference to wireless microphones than
fixed devices used outdoors.
15. The Commission concludes that it is unnecessary to address
whether in-home wireless routers are fixed devices and consequently
whether moving a router from one area of a house to another would be a
de minimis change in location that would require professional re-
installation.
16. Operation on contiguous channels--The Commission denies
Carlson/Cal.net's request to increase the maximum allowable power above
100 milliwatts EIRP for fixed white space devices that operate on two
or more contiguous vacant channels with a three-megahertz frequency
separation from occupied adjacent television channels. Carlson/Cal.net
does not explain what it believes to be the correct interference
analysis assumptions, and does not justify its assertion that
orthogonal polarization between a white space device transmit antenna
and a television receive antenna will result in 12-15 dB of signal
attenuation. Carlson/Cal.net indicates that it has not performed
testing to demonstrate whether fixed white space devices could operate
at four watts EIRP without causing interference to television reception
when operating with only three-megahertz frequency separation from an
occupied adjacent television channel, and no other party has provided
relevant test results. For those reasons, the Commission upholds its
decision to limit fixed white space devices that operate on contiguous
vacant channels to 100 milliwatts EIRP, or to 50 milliwatts EIRP on a
channel with a three-megahertz frequency separation from an occupied
adjacent television channel.
17. Variable power levels--The Commission denies NAB's request to
make certain modifications to the rules intended to ensure that white
space devices operate only on authorized channels and at authorized
power levels. It declines to require white space devices to report
their operating channels and power levels to the database, noting that
it previously considered and rejected a similar request and stating
that NAB has not provided any information that would persuade the
Commission to change its previous decision. The Commission disagrees
with NAB that the rules provide no guidance or mechanisms to ensure
that white space devices will operate as required. It notes that both
fixed and Mode II personal/portable devices are subject to requirements
that operation is permitted only on channels and at power levels that
are indicated in the database as being available for the device, and
that operation on a channel must cease immediately or power must be
reduced to a permissible level if the database indicates that the
channel is no longer available at the current operating level. The
Commission also notes that white space devices may not contain an
interface that allows users to select higher power levels than the
database indicates are available for a channel at a given location, and
that a manufacturer must demonstrate that a white space device will
comply with these requirements in order to obtain certification for the
device. Thus, the Commission concludes that it does not need to impose
additional requirements on white space devices to implement the rules
that allow operation at a variety of power levels.
Fixed White Space Device Antennas
18. Antenna height above ground level and average terrain--The
Commission grants WISPA's request to increase the maximum allowable
antenna height above ground for fixed white space devices, but denies
its request to increase the maximum antenna height above average
terrain. The increase in allowable fixed white space device antenna
height above ground level from 30 meters to 100 meters in less
congested areas will allow for improved wireless broadband service to
persons in rural and other underserved areas. A 100-meter height above
ground level limit will permit antennas to be mounted on towers or
other structures at heights sufficient to clear intervening obstacles
such as trees and hills that would attenuate the transmitted signal,
thereby increasing the range at which the signal can be received. Less
congested areas will have many vacant channels and therefore a low
likelihood that increased antenna height above ground level would
affect other operations in the television bands. The Commission may
consider increasing the antenna height above average terrain limit in
the future if it has a more complete record addressing this issue.
19. Antenna Directivity--The Commission denies WISPA's request for
reconsideration of its decision to prohibit television white space
databases from considering fixed device antenna directivity in
determining channel availability. The Commission lacks sufficient
information to develop rules that would ensure that television and
other services are protected from harmful interference. Allowing
consideration of directional antenna patterns would add additional
complexity to the operation of fixed devices and the white space
databases, since there are many factors that would have to be
addressed. The database would have to contain information describing
fixed white space device antenna patterns, and the Commission may need
to specify additional requirements such the size of the arc over which
white space devices must limit their power or minimum separation
distances at additional power levels. Additionally, the Commission
would need to address how to ensure that the orientation of a
directional antenna is accurately reported to the white space database.
The Commission could consider this issue again in the future.
20. Geo-location accuracy requirement--The Commission denies NAB's
request to modify the location uncertainty rules. It finds that NAB's
request to limit the maximum geo-location uncertainty to 100 meters is overly restrictive and would eliminate most of the
flexibility that the Commission provided in adopting this rule since it
would allow only an additional 50 meters of uncertainty for less
precise location technologies. The Commission disagrees with NAB that
it is necessary to specify an upper limit on location uncertainty.
Because a higher location uncertainty requires an increase in
separation distances from protected services, manufacturers will have
an incentive to determine a device's location as precisely as possible
to maximize the number of channels that a device can use.
21. The Commission does not believe it is necessary to modify the
rules to require the use of the ETSI EN 301 598
[[Page 34796]]
standard for determining a device's location accuracy. It expects that
many manufacturers may wish to use this standard because it addresses
measurements they need to make, but does not want to preclude the use
of other standards or measurement methods that may be developed in the
future.
Procedural Matters
22. Final Regulatory Flexibility Analysis.--The Final Regulatory
Flexibility Analysis, required by the Regulatory Flexibility Act, see 5
U.S.C. 604, is contained in Appendix D of the Report and Order and
Order of Reconsideration.
23. Paperwork Reduction Act.--This document contains modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. It will be submitted to the
Office of Management and Budget (OMB) for review under Section 3507(d)
of the PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, we note that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific
comment on how the Commission might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
24. The Commission has assessed the effects of the policies adopted
in this Report and Order and Order on Reconsideration with regard to
information collection burdens on small business concerns, and find
that these policies will benefit many companies with fewer than 25
employees by providing unlicensed white space devices and unlicensed
wireless microphones with access to spectrum in the television
broadcasting band and the 600 MHz band, while at the same time
protecting licensed users from harmful interference. In addition, we
have described impacts that might affect small businesses, which
includes most businesses with fewer than 25 employees, in the Final
Regulatory Flexibility Analysis in Appendix D of the Report and Order
and Order of Reconsideration.
25. Congressional Review Act.--The Commission will send a copy of
this Report and Order and Order on Reconsideration to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
26. It is ordered that, pursuant to the authority contained in
sections 4(i), 302, 303(b), (c), (e), (f), (r), and 307 of the
Communications Act of 1934, as amended, and sections 6403 and 6407 of
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law
112-96, 126 Stat. 156, 47 U.S.C. 154(i), 302, 303(b), (c), (e), (f),
(r), 307, 1452, 1454, this Report and Order and Order on
Reconsideration is hereby adopted.
27. It is further ordered that part 15 of the Commission's rules is
amended as specified below, and such rule amendments will become
effective 30 days after the date of publication in the Federal
Register.
28. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order and Order on Reconsideration, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration.
29. It is further ordered that the Commission shall send a copy of
the Report and Order and Order on Reconsideration in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 15
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 95
Communications equipment, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 15 and 95 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 revising the section heading and adding
paragraph (q) to read as follows:
Sec. 15.37 Transition provisions for compliance with this part.
* * * * *
(q) All fixed white space devices which are approved by
Telecommunication Certification Bodies on or after February 19, 2020 or
that are marketed on or after February 19, 2021 shall comply with the
requirements of Sec. 15.711(c). Fixed white space devices which are
approved or marketed before the dates in the preceding sentence shall
comply with either the requirements of Sec. 15.711(c) or the
requirements of Sec. 15.711(c) as in effect prior to August 19, 2019
(see 47 CFR part 15 as revised October 1, 2018).
0
3. Section 15.703 is amended by revising paragraphs (a), (b), and (c),
removing the note to paragraphs (a), (b), and (c), and revising
paragraphs (o) and (r) to read as follows:
Sec. 15.703 Definitions.
(a) 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz
that separates part 27 600 MHz service uplink and downlink frequencies.
(b) 600 MHz guard band. Designated frequency band at 614-617 MHz
that prevents interference between licensed services in the 600 MHz
service band and channel 37.
(c) 600 MHz service band. Frequencies in the 617-652 MHz and 663-
698 MHz bands that are reallocated and reassigned for 600 MHz band
services under part 27 of this chapter.
* * * * *
(o) Sensing only device. A personal/portable white space device
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).
* * * * *
(r) Television bands. 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) and 470-608 MHz (channels 14-36).
* * * * *
0
4. Section 15.707 is amended by revising paragraph (a) to read as
follows:
Sec. 15.707 Permissible channels of operation.
(a)(1) 470-698 MHz band. All white space devices are permitted to
operate on available channels in the frequency bands 470-698 MHz (TV
channels 14-51), subject to the interference protection requirements in
Sec. Sec. 15.711 and 15.712.
(2) 600 MHz duplex gap. White space devices may operate in the 657-
663 MHz segment of the 600 MHz duplex gap.
(3) 600 MHz service band. White space devices may operate on
[[Page 34797]]
frequencies in the bands 617-652 MHz and 663-698 MHz in areas where 600
MHz band licensees have not commenced operations, as defined in Sec.
27.4 of this chapter.
(4) Channel 37 guard band. White space devices are not permitted to
operate in the band 614-617 MHz.
* * * * *
0
5. Section 15.709 is amended by revising paragraphs (a)(3), (b)(1) and
(2), and (g)(1)(i) to read as follows:
Sec. 15.709 General technical requirements.
(a) * * *
(3) 608-614 MHz band (channel 37). Up to 40 mW (16 dBm) EIRP.
* * * * *
(b) * * *
(1) Fixed white space devices. (i) Technical limits for fixed white
space devices are shown in the table in paragraph (b)(1)(iii) of this
section and subject to the requirements of this section.
(ii) For operation at EIRP levels of 36 dBm (4,000 mW) or less,
fixed white space devices may operate at EIRP levels between the values
shown in the table in paragraph (b)(1)(iii) of this section provided
that the conducted power and the conducted power spectral density (PSD)
limits are linearly interpolated between the values shown and the
adjacent channel emission limit of the higher value shown in the table
is met. Operation at EIRP levels above 36 dBm (4,000 mW) shall follow
the requirements for 40 dBm (10,000 mW).
(iii) The conducted power spectral density from a fixed white space
device shall not be greater than the values shown in the table in this
paragraph (b)(1)(iii) when measured in any 100 kHz band during any time
interval of continuous transmission.
Table 1 to Paragraph (b)(1)(iii)
----------------------------------------------------------------------------------------------------------------
Conducted adjacent
Conducted power limit (6 Conducted PSD limit channel emission
EIRP (6 MHz) MHz) (100 kHz) (dBm) limit (100 kHz)
(dBm)
----------------------------------------------------------------------------------------------------------------
16 dBm (40 mW)........................... 10 dBm (10 mW)............. -7.4 -62.8
20 dBm (100 mW).......................... 14 dBm (25 mW)............. -3.4 -58.8
24 dBm (250 mW).......................... 18 dBm (63 mW)............. 0.6 -54.8
28 dBm (625 mW).......................... 22 dBm (158 mW)............ 4.6 -50.8
32 dBm (1,600 mW)........................ 26 dBm (400 mW)............ 8.6 -46.8
36 dBm (4,000 mW)........................ 30 dBm (1,000 mW).......... 12.6 -42.8
40 dBm (10,000 mW)....................... 30 dBm (1,000 mW).......... 12.6 -42.8
----------------------------------------------------------------------------------------------------------------
(2) Personal/portable white space devices. (i) Technical limits for
personal/portable white space devices are shown in the table in
paragraph (b)(2)(ii) of this section and subject to the requirements of
this section.
(ii) The radiated power spectral density from a personal/portable
white space device shall not be greater than the values shown in the
table in this paragraph (b)(2)(ii) when measured in any 100 kHz band
during any time interval of continuous transmission.
Table 2 to Paragraph (b)(2)(ii)
------------------------------------------------------------------------
Radiated adjacent
Radiated PSD limit channel emission
EIRP (6 MHz) EIRP (100 kHz) limit EIRP (100
(dBm) kHz) (dBm)
------------------------------------------------------------------------
16 dBm (40 mW)................ -1.4 -56.8
20 dBm (100 mW)............... 2.6 -52.8
------------------------------------------------------------------------
* * * * *
(g) Antenna requirements--(1) Fixed white space devices--(i) Above
ground level. The transmit antenna height shall not exceed 100 meters
above ground level in less congested areas or 30 meters above ground
level in other areas, except that the antenna height may not exceed 10
meters above ground level in any area for fixed white space devices
operating in the TV bands at 40 mW EIRP or less or operating across
multiple contiguous TV channels at 100 mW EIRP or less.
* * * * *
0
6. Section 15.711 is amended by revising paragraphs (c)(1) introductory
text and (c)(1)(i), adding paragraphs (c)(1)(iii) and (iv), and
revising paragraph (c)(2)(iii) to read as follows:
Sec. 15.711 Interference avoidance methods.
* * * * *
(c) Requirements for fixed white space devices. (1) The geographic
coordinates of a fixed white space device shall be determined at the
time of installation and first activation from a power off condition by
an incorporated geo-location capability. The antenna height above
ground shall be determined by the installer or operator of the device,
or by an automatic means. This information shall be stored internally
in the white space device and transmitted automatically by the device
to the white space database. The operator of a fixed white space device
shall be responsible for assuring the accuracy of the information
registered in the white space database. If a fixed white space device
is moved to another location or if its stored coordinates become
altered, the operator shall reestablish the device's:
(i) Geographic location through the incorporated geo-location
capability and the antenna height above ground level and store this
information in the white space device; and
* * * * *
(iii) A fixed white space device may obtain its geographic
coordinates through an external geo-location source when it is used at
a location where its internal geo-location capability does not
[[Page 34798]]
function. An external geo-location source may be connected to a fixed
device through either a wired or a wireless connection, and a single
geo-location source may provide location information to multiple fixed
devices. An external geo-location source must be connected to a fixed
device using a secure connection that ensures that only an external
geo-location source that has been approved with a particular fixed
device can provide geographic coordinates to that device. The
geographic coordinates must be provided automatically by the external
geo-location source to the fixed device; users may not manually enter
them. Alternatively, an extender cable may be used to connect a remote
receive antenna to a geo-location receiver within a fixed device.
(iv) The applicant for certification of a fixed device must
demonstrate the accuracy of the geo-location method used and the
location uncertainty as defined in paragraph (b) of this section. For
fixed devices that are not using an internal geo-location capability,
this uncertainty must account for the accuracy of the geo-location
source and the separation distance between such source and the white
space device.
(2) * * *
(iii) Each fixed white space device shall access the database at
least once a day to verify that the operating channels continue to
remain available. Each fixed white space device must adjust its use of
channels in accordance with channel availability schedule information
provided by its database for the 48-hour period beginning at the time
the device last accessed the database for a list of available channels.
The fixed device's registration information shall be updated if the
geographic coordinates reported to the database differ by more than
50 meters from the previously registered coordinates.
* * * * *
0
7. Section 15.712 is amended by revising paragraph (j) to read as
follows:
Sec. 15.712 Interference protection requirements.
* * * * *
(j) Wireless Medical Telemetry Service. (1) White space devices
operating in the 608-614 MHz band (channel 37) are not permitted to
operate within an area defined by the polygon described in Sec.
15.713(j)(11) plus the distances specified in the tables in this
paragraph (j)(1):
(i) Mode II personal/portable white space devices.
Table 23 to Paragraph (j)(1)(i)
------------------------------------------------------------------------
Required co-channel
separation distances in
kilometers from edge of
polygon
-------------------------
16 dBm (40 mW)
------------------------------------------------------------------------
Communicating with Mode II or Fixed device.... 0.38
Communicating with Mode I device.............. 0.76
------------------------------------------------------------------------
(ii) Fixed white space devices, except that when communicating with
Mode I personal/portable white space devices, the required separation
distances must be increased beyond the specified distances by 0.38
kilometers.
Table 24 to Paragraph (j)(1)(ii)
------------------------------------------------------------------------
Required co-channel
separation distances in
Antenna height above average terrain of kilometers from edge of
unlicensed devices (meters) polygon
-------------------------
16 dBm (40 mW)
------------------------------------------------------------------------
Less than 3................................... 0.38
3-10.......................................... 0.70
10-30......................................... 1.20
30-50......................................... 1.55
50-75......................................... 1.90
75-100........................................ 2.20
100-150....................................... 2.70
150-200....................................... 3.15
200-250....................................... 3.50
------------------------------------------------------------------------
(2) White space devices operating in the 602-608 MHz band (channel
36) and 614-620 MHz band (channel 38) are not permitted to operate
within an area defined by the polygon described in Sec. 15.713(j)(11)
plus the distances specified in the tables in this paragraph (j)(2):
(i) Mode II personal/portable white space devices.
[[Page 34799]]
Table 25 to Paragraph (j)(2)(i)
----------------------------------------------------------------------------------------------------------------
Required adjacent channel separation distances in
meters from edge of polygon
---------------------------------------------------
16 dBm (40 mW) 20 dBm (100 mW)
----------------------------------------------------------------------------------------------------------------
Communicating with Mode II or Fixed device.................. 8 13
Communicating with Mode I device............................ 16 26
----------------------------------------------------------------------------------------------------------------
(ii) Fixed white space devices, except that when communicating with
Mode I personal/portable white space devices, the required separation
distances must be increased beyond the specified distances by 8 meters
if the Mode I device operates at power levels no more than 40 mW EIRP,
or 13 meters if the Mode I device operates at power levels above 40 mW
EIRP.
Table 26 to Paragraph (j)(2)(ii)
----------------------------------------------------------------------------------------------------------------
Required adjacent channel separation distances in meters from edge of polygon
-----------------------------------------------------------------------------------------------------------------
20 dBm (100 24 dBm (250 28 dBm (625 32 dBm (1600 36 dBm (4
16 dBm (40 mW) mW) mW) mW) mW) watts)
----------------------------------------------------------------------------------------------------------------
8......................................... 13 20 32 50 71
----------------------------------------------------------------------------------------------------------------
* * * * *
0
8. Section 15.713 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 15.713 White space database.
(a) * * *
(1) To determine and provide to a white space device, upon request,
the available channels at the white space device's location in the TV
bands, the 600 MHz duplex gap, the 600 MHz service band, and 608-614
MHz (channel 37). Available channels are determined based on the
interference protection requirements in Sec. 15.712. A database must
provide fixed and Mode II personal portable white space devices with
channel availability information that includes scheduled changes in
channel availability over the course of the 48-hour period beginning at
the time the white space devices make a recheck contact. In making
lists of available channels available to a white space device, the
white space database shall ensure that all communications and
interactions between the white space database and the white space
device include adequate security measures such that unauthorized
parties cannot access or alter the white space database or the list of
available channels sent to white space devices or otherwise affect the
database system or white space devices in performing their intended
functions or in providing adequate interference protections to
authorized services operating in the TV bands, the 600 MHz duplex gap,
the 600 MHz service band, and 608-614 MHz (channel 37). In addition, a
white space database must also verify that the FCC identifier (FCC ID)
of a device seeking access to its services is valid; under the
requirement in this paragraph (a)(1) the white space database must also
verify that the FCC ID of a Mode I device provided by a fixed or Mode
II device is valid. A list of devices with valid FCC IDs and the FCC
IDs of those devices is to be obtained from the Commission's Equipment
Authorization System.
* * * * *
0
9. Section 15.714 is amended by revising paragraph (a) to read as
follows:
Sec. 15.714 White space database administration fees.
(a) A white space 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 paragraph (a) applies
to devices that operate in the TV bands, the 600 MHz service band, the
600 MHz duplex gap, and 608-614 MHz (channel 37).
* * * * *
PART 95--PERSONAL RADIO SERVICES
0
10. The authority citation for part 95 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307.
0
11. Section 95.2309 is amended by adding paragraph (h) to read as
follows:
Sec. 95.2309 WMTS frequency coordination.
* * * * *
(h) Obtaining interference protection. To receive interference
protection, parties operating WMTS networks in the 608-614 MHz
frequency band shall notify one of the white space database
administrators of their operating location pursuant to Sec. Sec.
15.713(j)(11) and 15.715(p) of this chapter.
[FR Doc. 2019-10921 Filed 7-18-19; 8:45 am]
BILLING CODE 6712-01-P