[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51978-51979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21258]
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FEDERAL COMMUNICATIONS COMMISSION
[ET Docket No. 04-186 and 02-380; DA 11-1291]
Unlicensed Operation in the TV Broadcast Bands
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document the Office of Engineering and Technology
conditionally designates Microsoft Corporation as TV bands device
database administrators. The TV bands databases will be used by fixed
and personal portable unlicensed devices to identify unused channels in
the spectrum used principally by the broadcast television service that
are available at their geographic locations. Microsoft is the tenth
entity designated to develop a database that will enable the
introduction of this new class of unlicensed broadband wireless devices
in the TV spectrum.
FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl at (202) 418-7056 or
Alan Stillwell at (202) 418-2925 or via the Internet at
Hugh.VanTuyl@fcc.gov or Alan.Stillwell@fcc.gov, TTY (202) 418-2989.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket No. 04-186 and 02-380, DA 11-1291, adopted July 28, 2011 and
released July 29, 2011. The full text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC
20554. The complete text of this document also may be purchased from
the Commission's copy contractor, Best Copy and Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may
also be downloaded at: http://www.fcc.gov.
Summary of Order
1. In this Order, the Office of Engineering and Technology
designates Microsoft Corporation as a TV bands database administrator
pursuant to Sec. 15.715 of its rules, subject to conditions described.
The TV bands databases will be used by fixed and personal portable
unlicensed devices to identify unused channels in the spectrum used
principally by the broadcast television service that are available at
their geographic locations. Microsoft is the tenth entity designated to
develop a database that will enable the introduction of this new class
of unlicensed broadband wireless devices in the TV spectrum.
2. On September 23, 2010, the Commission adopted a Second
Memorandum Opinion and Order (Second MO&O) in ET Docket No. 04-186, 75
FR 75814, December 6, 2010, that updated the rules for unlicensed
wireless devices that can operate in broadcast television spectrum at
locations where that spectrum is unused by licensed services. This
unused TV spectrum is commonly referred to as television ``white
spaces.'' The rules allow for the use of unlicensed TV bands devices in
the unused spectrum to provide broadband data and other services for
consumers and businesses.
3. To prevent interference to authorized users of the TV bands, TV
bands devices must include a geo-location capability and the capability
to access a database that identifies incumbent users entitled to
interference protection, including, for example, full power and low
power TV stations, broadcast auxiliary point-to-point facilities,
PLMRS/CMRS operations on channels 14-20, and the Offshore
Radiotelephone Service. The database will calculate and communicate to
a TV bands device which TV channels are vacant and can be used at the
device's location. The database will also register the locations of
fixed TV bands devices and protected locations and channels of certain
incumbent services that are not recorded in Commission databases. The
rules state that the Commission will designate one or more entities to
administer a TV bands database.
4. The Office of Engineering and Technology (OET) released a public
notice on November 25, 2009, inviting entities interested in being
designated as a TV bands database administrator to file proposals with
the Commission and inviting comments on the proposals. The notice
requested that entities address how the basic components of a TV band
database as required by the Commission's rules would be satisfied--
i.e., a data repository, a data registration process, and a query
process--and whether the entity sought to provide all or only some of
these functions. Entities were also required to affirm that the
database service would comply with all of the applicable rules. Nine
parties filed proposals in response to this public notice.
5. On January 26, 2011, OET issued an Order designating all nine
parties that filed proposals as TV bands database administrators,
subject to certain conditions. Specifically, the administrators were
required to: (1) Supplement their initial filings to show how they will
comply with the rule changes adopted in the Second MO&O; (2) attend
workshops conducted by OET to address the operation of the databases to
ensure consistency and compliance with the rules; (3) cooperate with
any steps OET deems necessary to ensure compliance with the rules; and
(4) agree that they will not use their capacity as a database manager
to engage in any discriminatory or anti-competitive practices or any
practices that may compromise the privacy of users. In addition, each
administrator's database will be subject to a trial period of not less
than 45 days before it is allowed to be made available for actual use
by TV bands devices to allow interested parties an opportunity to check
that the database is providing accurate results. OET conducted three
workshops after the release of the January 26, 2011 order.
6. On April 18, 2011, Microsoft Corporation filed a proposal with
OET seeking designation as a TV bands database administrator.
Microsoft's proposal addressed the questions in the November 25, 2009,
public notice that invited proposals from parties seeking to be
designated as database administrators. In addition, Microsoft provided
information to show that it will comply with the rule changes adopted
in the Second MO&O and stated that it will comply with the other three
conditions in the January 26, 2011, order that conditionally designated
the nine database administrators. Microsoft representatives attended
all three of OET's database administrator workshops. On April 29, 2011,
OET issued a public notice seeking comment on Microsoft's proposal. Two
parties filed comments, and Microsoft filed reply comments.
Discussion
7. Based upon our review of its proposal and the record before us,
OET is designating Microsoft Corporation as a TV bands database
administrator, subject to the conditions described. OET finds that
Microsoft has shown that it has the technical expertise to develop and
operate a TV bands database. Moreover, none of the concerns raised
[[Page 51979]]
by any of the commenters in the record before us causes us to conclude
that Microsoft is not capable of meeting all the requirements placed on
database administrators by the Commission's rules in the Second Report
and Order and as modified in the Second MO&O or that it should
otherwise not be designated as a database administrator.
8. OET is not persuaded that the factors cited by the Engineers for
the Integrity of Broadcast Auxiliary Services Spectrum (EIBASS)
demonstrate that Microsoft is not qualified to administer a TV bands
database. With regard to the issue of the timeliness of Microsoft's
proposal, the rules do not prohibit additional parties from requesting
designation as a TV bands database administrator after other parties
have already been designated. In fact, the rules were designed with the
expectation that there could be changes in database administrators over
time, e.g., administrators are designated for a five-year term, subject
to renewal at the Commission's discretion, and an administrator that
ceases operation must transfer its database to another designated
entity that takes its place. The original filing deadline was
established by OET to allow orderly processing of the initial
prospective database administrators as a group. However, this deadline
was not intended to preclude other parties from requesting designation
as a database administrator at a later date.
9. With regard to the issue of the protection of authorized
services, the Commission's November 25, 2009 public notice did not
request that prospective database administrators submit a complete list
of every licensed service that is eligible for protection from TV bands
devices. The Commission's rules and procedures for database testing and
approval will ensure that all TV bands databases protect all eligible
facilities. We note that Microsoft's proposal and response states that
it will obtain information about protected services from several
different sources, including the Commission's databases, which contains
information on the services that EIBASS referenced in its comments.
10. The Commission authorized the channel range for the Microsoft
STA that EIBASS contends is overly large and contains operating TV
stations. The Commission specified the large channel range requested by
Microsoft to simplify processing of the STA. Rather than determining in
advance which channels within that range were vacant at the STA's
location, the Commission made operation subject to the condition that
Microsoft coordinate with the Society of Broadcast Engineers (SBE) to
ensure that operation would occur only on vacant TV channels. The
Commission has taken this same approach with other experimental
authorizations for operations in the TV bands. While EIBASS is correct
that the Microsoft STA does not name the precise location of operation
within Las Vegas, one can easily determine that the geographic
coordinates specified in the STA correspond to the Las Vegas Convention
Center. As for EIBASS's contention that Microsoft initially failed to
contact SBE, the parties do not dispute the fact that coordination did
occur before Microsoft began operations. Microsoft states that it did
coordinate with SBE and EIBASS prior to operating, and EIBASS states
that the Las Vegas area frequency coordinator was made aware of the STA
prior to operation. Furthermore, the Commission received no complaints
of interference resulting from Microsoft's operation under this STA. We
find no basis here to reject Microsoft as a TV bands database
administrator.
11. Cohen, Dippell and Everist, P.C. (``CDE'') filed brief comments
on the Microsoft proposal. CDE recommends that the database be updated
at 12-hour intervals, seven days a week to provide the most accurate
and timely information to white spaces users. However, making this
change mandatory for database administrators would require
modifications to our rules, which currently require synchronization of
TV bands databases with the Commission databases once a week and
synchronization between TV bands databases once every 24 hours. Such
rule changes are outside the scope of this Order.
12. OET is designating Microsoft as a TV bands database
administrator subject to the same conditions it required of the nine
previously designated administrators. Microsoft has already satisfied
several of these conditions. Specifically, it included in its request
to be designated as a database administrator information to show that
it complies with the rule changes adopted in the Second MO&O and stated
that it would not use its capacity as a database manager to engage in
any discriminatory or anti-competitive practices or practices that may
compromise the privacy of users. Microsoft also participated in all
three database administrator workshops held by OET thus far. Microsoft
will also be required to take part in any future workshops that may be
held by OET that address database implementation details and provide
guidance on the requirements to the database administrators. In
addition, Microsoft must cooperate with any steps OET deems necessary
to ensure that the TV bands databases provide accurate and consistent
lists of protected services and available channels. Further, it must
support capabilities that OET deems necessary to ensure that any
changes in registration of protected facilities in one database are
rapidly reflected in all others.
13. Consistent with our previous action designating database
administrators, Microsoft's database will be subject to a trial period
of not less than 45 days before it is allowed to be made available for
actual use by TV bands devices to allow interested parties an
opportunity to check that the database is providing accurate results. A
longer trial period may be required if we determine that its database
is not in compliance with the Commission's rules. OET will determine
the details of the trial, balancing the need to ensure that the
database is working properly with the need to avoid an unnecessarily
cumbersome and burdensome process.
14. If Microsoft successfully satisfies all of the conditions
herein, it will be allowed to make its database available for actual
use for the five year term specified in our rules. In such case, OET
will announce the public availability of the database, at which time
the five year term for that database will commence.
15. In summary, OET has considered Microsoft's proposal and all the
comments and replies filed in response to the April 29, 2011 Public
Notice. We conclude that Microsoft is capable of meeting the
Commission's regulatory requirements for serving as a database
administrator, as set forth in the Commission's rules, including the
rule revisions adopted in the Second MO&O. Accordingly, we are
designating Microsoft Corporation as a TV bands database administrator
subject to the conditions described.
Ordering Clause
16. Pursuant to the authority contained in sections 4(i), 302,
303(e), 303(f), and 307 of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 302, 303(c), 303(f), and 307, and Sec. Sec. 0.31 and
0.241 of the Commission's rules, 47 CFR 0.31, 0.241, Microsoft
Corporation is designated as a TV bands database administrator as set
forth in Section 15.715 of the Commission's rules, 47 CFR 15.715,
subject to the conditions specified.
Federal Communications Commission
Julius P. Knapp,
Chief, Office of Engineering and Technology.
[FR Doc. 2011-21258 Filed 8-18-11; 8:45 am]
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