[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Rules and Regulations]
[Pages 7314-7332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3279]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 04-186 and 02-380; FCC 08-260]


Unlicensed Operation in the TV Broadcast Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission adopted rules to allow 
unlicensed radio transmitters to operate in the broadcast television 
spectrum at locations where that spectrum is not being used by licensed 
services (this unused TV spectrum is often termed ``white spaces''). 
This action will make a significant amount of spectrum available for 
new and innovative products and services, including broadband data and 
other services for businesses and consumers. The actions taken are a 
conservative first step that

[[Page 7315]]

includes many safeguards to prevent harmful interference to incumbent 
communications services. Moreover, the Commission will closely oversee 
the development and introduction of these devices to the market and 
will take whatever actions may be necessary to avoid, and if necessary 
correct, any interference that may occur.

DATES: Effective March 19, 2009, except for Sec. Sec.  15.713, 15.714, 
15.715 and 15.717, which contain information collection requirements 
that have not been approved by the Office of Management and Budget. The 
Federal Communications Commission will publish a document in the 
Federal Register announcing the effective date of those sections.
    Paperwork Reduction Act of 1995 Analysis: This document contains 
new information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public to comment on the information collection requirements contained 
in this R&O as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13. Comments should be submitted by April 20, 2009.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via e-mail to PRA@fcc.gov and to Nicholas A. 
Fraser, Office of Management and Budget, via e-mail to Nicholas_A._Fraser@omb.eop.gov or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Hugh VanTuyl, Office of Engineering 
and Technology, (202) 418-7506, e-mail Hugh.VanTuyl@fcc.gov or Alan 
Stillwell, Office of Engineering and Technology (202) 418-2925, e-mail 
Alan.Stillwell@fcc.gov. TTY (202) 418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order and Memorandum Opinion and Order, ET Docket No. 04-186 and ET 
Docket No. 02-380, FCC 08-260, adopted November 4, 2008 and released 
November 14, 2008. The full text of this document is available on the 
Commission's Internet site at http://www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street., SW., Washington, DC 
20554. The full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM.

Summary of the Report and Order and Memorandum Opinion and Order

    1. On May 13, 2004, the Commission adopted a Notice of Proposed 
Rule Making (NPRM), 71 FR 66897, November 17, 2006, in this proceeding 
in which it proposed to allow unlicensed operation in the TV bands at 
locations where frequencies are not in use by licensed services. To 
ensure that no harmful interference will occur to TV stations and other 
authorized users of the spectrum, the Commission proposed to define the 
conditions under which a TV channel is unused and to require unlicensed 
devices to incorporate ``smart radio'' features to identify the unused 
TV channels in the area where they are located. For the purpose of 
minimizing interference, the Commission proposed to classify unlicensed 
TVBDs in two general functional categories. The first category would 
consist of lower power ``personal/portable'' unlicensed devices, such 
as Wi-Fi-like cards in laptop computers or wireless in-home local area 
networks (LANs). The second category would consist of higher power 
``fixed'' unlicensed devices that would operate from a fixed location 
and could be used to provide commercial services such as wireless 
broadband Internet access. It proposed to require that personal/
portable devices operate only when they receive a control signal from a 
source such as a TV station or FM radio station that identifies the 
vacant TV channels in that particular area. The Commission also 
requested comments on an approach that would require that fixed devices 
incorporate a geo-location method such as a Global Positioning System 
(GPS) receiver or be professionally installed, and that they access a 
database system to identify vacant channels at their location. The 
Commission further sought comment on the use of spectrum sensing to 
identify vacant TV channels, but did not propose any specific technical 
criteria for spectrum sensing.
    2. The comments received in response to the NPRM were divided 
between the prospective manufacturers and users of unlicensed devices 
who believe adequate safeguards can be put in place to prevent harmful 
interference to authorized services, and the existing users of the TV 
bands who are concerned about potential interference. A number of 
broadband equipment manufacturers, trade associations and other parties 
supported allowing unlicensed operation in the TV bands. These parties 
generally stated that unlicensed devices could operate in the TV bands 
without causing interference to authorized services. They further 
stated that allowing such operation in the TV bands could improve 
access to broadband communications by taking advantage of the favorable 
propagation characteristics of the TV spectrum and that this would 
result in more efficient use of this spectrum.
    3. Full service and low power TV broadcasters generally opposed 
allowing unlicensed operation in the TV bands, expressing concern that 
unlicensed devices operating under the proposed rules would cause 
interference to TV reception, particularly in weak signal areas. 
Several parties also expressed concern that unlicensed devices 
operating in close proximity to TV receivers would cause direct pick-up 
interference potentially affecting all channels. Manufacturers and 
users of wireless microphones and other broadcast auxiliary services 
submitted that unlicensed devices would cause harmful interference to 
those services. Those parties recommended that the Commission take a 
number of steps to protect auxiliary services. Land mobile interests 
expressed concern about allowing unlicensed operation on channels 14-20 
in any part of the country because devices could be transported into 
areas where those channels are used for PLMRS/CMRS operations.
    4. On October 12, 2006, the Commission adopted the First R&O/
Further NPRM, 71 FR 66897, November 17, 2006, in this proceeding. In 
that action, the Commission determined that the record received in 
response to the NPRM did not contain sufficient information for it to 
adopt final rules for unlicensed TVBDs. The Commission did, however, 
make a number of initial decisions regarding TVBDs. It decided to 
permit fixed unlicensed power devices to operate in the TV bands at 
times and locations where the spectrum is not already being used by 
other authorized services. It also decided not to permit operation of 
unlicensed TVBDs on channel 37, which is used by radio astronomy and 
wireless medical telemetry services, and on TV channels 52-69, as that 
spectrum has been reallocated for other services and will no longer be 
part of the TV bands after the DTV transition. The Commission further 
decided to prohibit operation of personal/portable TV band devices on 
TV channels 14-20 to avoid potential conflicts with public safety 
services on those channels. In addition, the

[[Page 7316]]

Commission stated that it will not permit marketing of TV band devices 
to commence until February 18, 2009, the date on which all primary, 
full service TV stations will be in operation on their permanent DTV 
channels.
    5. In the First R&O/Further NPRM, the Commission also asked 
questions and set forth additional proposals with regard to the 
provisions necessary to implement complete and final rules for 
unlicensed TV band devices. While the Commission continued to focus on 
devices operating on an unlicensed basis, it also sought comment on 
whether such devices should instead operate on a licensed or hybrid 
basis. The Commission recognized the importance of conducting testing 
to ensure that whatever standards are ultimately adopted will protect 
incumbent radio services from interference and indicated that it 
intended to conduct extensive testing to assess the potential 
interference from low power devices operating in the TV bands. It also 
requested further comment and information on the means that TVBDs, both 
fixed and personal/portable, should be required to use to determine the 
availability of unused spectrum. It specifically requested comment on 
whether it should allow personal/portable devices to rely on spectrum 
sensing and, if so, the technical features and parameters of the 
sensing capability to be required. The Commission observed that IEEE 
802.22 is considering different sensing threshold detection levels 
depending on the nature of the source signal, with levels as low as -
116 dBm, and invited comment on this value or alternative values for 
the detection threshold. It also made specific proposals for additional 
parameters of spectrum sensing capabilities and other technical 
requirements. The Commission sought comment on whether TV band devices 
should be permitted to operate on TV channels 2-4, and whether fixed TV 
band devices should be permitted to operate on TV channels 14-20. The 
Commission also sought additional comments on several issues relating 
to the geo-location/database access and control signal approaches 
discussed in the NPRM.
    6. The comments responding to the First R&O/Further NPRM are again 
divided on certain of the major issues in this proceeding. Two groups, 
one a coalition of hardware and software companies consisting of Dell, 
Google, HP, Intel, Microsoft and Phillips (the White Space Coalition) 
and the other a group of public interest/consumer organizations and 
wireless internet service providers (WISPs), led by the NAF, strongly 
support low power, unlicensed use of the TV bands. In addition, some 
other manufacturers and a number of WISPs express support for that 
approach separately from these groups. Proponents of unlicensed devices 
believe that the Commission should allow both fixed and personal/
portable devices. They also support allowing personal/portable devices 
to rely solely on spectrum sensing to determine the available channels 
at their location. The White Space Coalition supports limiting 
unlicensed operation to channels 21-51 (excluding 37), while the group 
led by the NAF believes that operation should be permitted on as many 
channels as possible, including channels 2-4 and channels 14-20 in 
locations where public safety and land mobile services are not using 
them.
    7. Full service and low power TV broadcasters and cable TV 
interests generally state that any new services in the TV bands should 
be licensed to reduce the likelihood of interference to incumbent 
services. They oppose the introduction of personal/portable devices at 
this time and believe that any new services should be limited to fixed 
operation. Broadcasters contend that spectrum sensing alone is 
inadequate to protect against interference to broadcast operations and 
that sensing must be combined with geo-location/database access to 
ensure that low power devices do not operate inside the protected 
service contours of co-channel or adjacent-channel TV stations. Low 
power TV and translator operators express concern that low power 
unlicensed devices would cause interference to viewers who rely on 
reception outside their stations' protected service contours, while 
cable interests express concern about possible interference to 
reception of TV signals by cable headends that are located outside TV 
stations' protected contours. Both broadcast and cable interests 
express concern about direct pick-up interference to TV receivers, 
particularly from personal/portable devices.
    8. Wireless microphone manufacturers and users again recommend that 
the Commission adopt a number of requirements to prevent interference 
to wireless microphones, including: (1) Limiting new low power devices 
to fixed operation, (2) prohibiting new low power devices from 
operating on channels adjacent to occupied TV channels and/or reserving 
six vacant TV channels in each market for wireless microphones to 
ensure that spectrum is available for their use, (3) requiring new low 
power devices to incorporate spectrum sensing to detect wireless 
microphones, and (4) requiring new low power devices to sense for the 
presence of a ``smart beacon'' that would be operated when wireless 
microphones are in use in an area (Shure has since repudiated its 
support for a beacon requirement). Public safety/land mobile interests 
believe that new low power devices should not be allowed to operate on 
channels 14-20 anywhere in the country because of the difficulties in 
enforcing geographic restrictions on operation.
    9. On March 30, 2007, the Commission's Office of Engineering and 
Technology released a report on the results of its DTV receiver testing 
program, see DA 07-3457, 22 FCC Rcd 13846 (2007). This testing program 
examined the out-of-channel interference rejection performance of a 
representative sample of eight DTV receivers with fifth generation 
tuners that were available in 2005 and 2006. A total of 2055 individual 
measurements were performed on these receivers. Each test involved 
feeding a desired signal to the television under test and injecting an 
interfering signal on a different channel or combination of channels. 
The different tests varied the level of the desired signal and 
interfering signal(s). In these tests, no receiver appeared to fully 
achieve the Advanced Television Systems Committee's (ATSC) recommended 
guidelines for interference rejection performance--guidelines that are 
generally more stringent than the receiver performance assumptions on 
which current DTV interference protection criteria are based. However, 
the tests did show that the performance of digital television receivers 
exceeds the performance levels on which the Commission's digital 
television service and interference rules are based.
    10. On July 31, 2007, the Office of Engineering and Technology 
released a technical report on an initial study of prototype TV band 
devices that were submitted to the Commission's Laboratory for testing. 
This report evaluated the performance of two samples of prototype 
devices; one device had both sensing and transmitting capabilities 
(although the two functions were not linked) and the other had only 
sensing capability. This testing found that one of the two devices was 
generally able to reliably detect TV signals in the laboratory bench 
tests at the claimed -114 dBm sensing level, but did not perform well 
sensing wireless microphones. This device was not tested in the field 
at the manufacturer's request. The other device was not able to 
reliably sense either TV or wireless microphone

[[Page 7317]]

signals at the -114 dBm level in either the Laboratory bench tests or 
in field tests. The builder of this device subsequently determined that 
the device's sensing function was not operating properly. In an 
anecdotal observation, the transmitter of the second device was found 
to cause co-channel and adjacent channel interference to TV service at 
distances of 87 meters and 47-50 meters, respectively.
    11. Also on July 31, 2007, the Office of Engineering and Technology 
released a second technical report describing direct pick-up 
interference tests of three digital cable ready television receivers. 
In these tests, three digital cable ready (DCR) receivers connected 
directly to cable service were examined for their susceptibility to 
interference from devices such as might operate within the TV white 
spaces. Tests were performed with the interfering signal source 
separated from the DCR receiver by distances of 2 meters or ten meters 
and, in most observations, by a residential wall. These tests showed 
that a signal as low as 6.3 dBm EIRP could cause interference at a 
distance of two meters and that a signal as low as 15.3 dBm could cause 
interference at a distance of 10 meters. While these tests were limited 
in scope (only three receivers were tested), they nonetheless provide 
an empirical demonstration of the potential for such interference at 
relatively low power levels.
    12. On October 15, 2008, the Office of Engineering and Technology 
issued a technical report on a second phase of its study of sample 
prototype TV band devices. This second phase study examined the 
performance of prototype devices from five parties. All of these 
devices had capabilities for sensing TV signals, three had capabilities 
for sensing wireless microphones and one (that of Adaptrum) had a 
transmit capability (this transmit capability was not linked to the 
device's sensing capabilities). One of the devices (that of Motorola) 
also had a geolocation/ database access capability.
    13. In the laboratory tests of TV signals, the Phase II prototype 
devices were able to detect a ``clean,'' i.e., unfaded, DTV signal on a 
single channel at levels in the range of -116 dBm to -126 dBm. The 
detection threshold sensitivity of the devices varied from -106 dBm to 
-128 dBm when recorded off-air DTV signals, which included multi-path 
fading and other ``real-world'' distortion, were used. When the devices 
were tested with DTV signals present in adjacent channels, the staff 
found that in the presence of moderate-to-strong signals in a first 
adjacent channel, the detection threshold sensitivity of all of the 
devices was severely impacted. For some of the devices, the degradation 
in the detection sensitivity was as much as 60-70 dB. In some cases, 
the degradation was such that the detection threshold could not be 
measured. The Phase II Measurement Report indicates that this could 
impact significantly the ability of the devices to reliably detect TV 
signals within stations' service areas.
    14. TV sensing field tests were performed at nine locations with 
four of the prototype devices. In most cases, the devices correctly 
reported channels as occupied when the device was operated within the 
service contour of the stations broadcasting on those channels and 
viewable signals were observed on the channels. In some instances, 
however, three of the devices incorrectly reported channels as 
unoccupied (available) when the device was operated within a station's 
service contour and the signal was viewable. All of the devices 
reported some channels as occupied when the WSD was operated outside of 
the service contours of stations broadcasting on those channels whether 
the signal was viewable or not. In addition, one device generally 
reported most channels occupied, whether the device was operating 
inside or outside any service contours and whether the signal was 
viewable or not. During the field tests, the Motorola device's 
geolocation/database access feature was used in combination with its 
sensing capabilities. In those tests, the Motorola device correctly 
reported all occupied channels used by stations within whose contours 
the WSD was operated.
    15. The second phase study also examined the ability of devices to 
sense wireless microphones designed to operate under part 74 of our 
rules. The two operating devices with wireless microphone sensing 
capability, those of Philips and I2R, were tested in the laboratory for 
their ability to detect wireless microphones (models using both FM/
analog and digital) operating within UHF TV channels. With no other 
signals present, the devices were able to detect wireless microphones 
at levels ranging from -103 dBm to -129 dBm depending on the type of 
microphone, and the device. However, in the presence of DTV signals in 
adjacent channels, the detection threshold of both devices was degraded 
such that it affected the ability of the devices to reliably detect the 
microphone signals.
    16. Finally, the second phase study conducted tests with the 
Adaptrum device's transmitter. The device's transmitter was 
characterized in the laboratory and then used to investigate 
interference potential to DTV signal reception. Anecdotal tests 
demonstrated that co-channel interference would occur at line-of-sight 
distances of up to 360 meters at an EIRP level of approximately +7 dBm 
when the DTV set was receiving a weak signal off-the-air using a 
receive antenna at a height of 9.3 meters. No interference was observed 
when the device transmitted on an immediate adjacent channel even with 
the transmitter in close proximity to the receiver with a roof-top 
antenna. No other configurations were tested for interference. 
Anecdotal tests with the Adaptrum transmitter were performed at two 
field sites to assess the interference potential from a TVBD 
transmitter to cable television reception via direct pick-up of signals 
by cable system components. These tests showed that under certain 
circumstances, when the transmit antenna was placed in close proximity 
to a cable connected TV, direct pick-up interference occurred. The 
report indicated that the direct pick-up interference potential appears 
to be highly dependent on the interconnection among the various receive 
system components (e.g., cable amplifiers, splitters and set-top boxes) 
being used.
    17. In the Second Report and Order, the Commission adopted rules to 
allow unlicensed radio transmitters to operate in the broadcast 
television spectrum at locations where that spectrum is not being used 
by licensed services (this unused TV spectrum is often termed ``white 
spaces''). This action will open for use a significant amount of 
spectrum with very desirable propagation characteristics that has 
heretofore lain fallow. These new rules will allow the development of 
new and innovative types of unlicensed devices that provide broadband 
data and other services for businesses and consumers without disrupting 
the incumbent television and other authorized services that operate in 
the TV bands. In addition, because transmissions on frequencies in the 
TV bands are less subject to propagation losses than transmissions in 
the spectrum bands where existing low power broadband unlicensed 
operations are permitted, i.e., the 2.4 GHz and 5 GHz bands, the 
Commission anticipates that allowing unlicensed operation in the TV 
bands will benefit wireless Internet service providers (WISPs) by 
extending the service range of their operations. This will allow 
wireless broadband providers that use unlicensed devices to reach new 
customers and to extend and improve their services in rural areas. We

[[Page 7318]]

anticipate that allowing use of the TV white spaces by unlicensed 
devices will have significant benefits for both businesses and 
consumers and thereby promote more efficient and effective use of the 
TV spectrum.
    18. The Commission adopted a plan that will allow both fixed and 
personal/portable unlicensed devices to operate on unused television 
channels in locations where such operations will not result in harmful 
interference to TV services (including reception by cable headends and 
low power TV stations, i.e., TV translator, low power TV, TV booster, 
and Class A TV stations) and other services that use the TV bands. The 
Commission recognizes the importance of protecting licensed services 
from harmful interference and the novel challenges involved in reliably 
identifying unused TV channels. Therefore, it is taking a cautious and 
conservative approach in this plan, balancing the need to provide 
sufficient opportunities for proponents to develop viable unlicensed TV 
band devices (TVBDs) with measures to ensure that such devices fully 
protect the important licensed services that operate in the TV bands. 
In allowing the introduction of unlicensed TVBDs, the Commission also 
believes it is important to avoid the possibility of disrupting or 
causing uncertainty in the DTV transition, the current ongoing process 
whereby TV stations are changing from analog to digital (DTV) 
operation. As set forth in the First Report and Order and Further NPRM 
of Proposed Rulemaking (First R&O/Further NPRM) in this proceeding, the 
Commission addressed this concern with regard to the DTV transition by 
restricting the marketing of unlicensed TVBDs until February 18, 2009, 
the date when the DTV transition will end and all full-power TV 
stations will be operating on a single channel, and only with digital 
signals.
    19. The Commission anticipates that the capabilities of products 
for operating in this spectrum will develop and evolve over time and 
that much will be learned about the potential for unlicensed TVBDs to 
cause interference to licensed services and how to avoid that 
interference. Therefore, the Commission may need to revisit these rules 
to make adjustments both to provide more flexibility for unlicensed 
devices and to refine the protections for licensed services. Consistent 
with our objective to allow unlicensed TVBDs to operate with the most 
flexibility and capabilities possible consistent with protection of 
licensed services, the Commission has directed its staff to conduct a 
review and report to the Commission in two years from the date of this 
Second Report and Order on the state of these devices, including the 
types of devices on the market, the extent of their implementation, 
technical developments, any interference problems that may have arisen, 
and aspects of the rules that should be altered to increase features 
and opportunities for use or to address conflicts.
    20. The Commission also denied all aspects of a petition for 
reconsideration submitted by the New America Foundation and the 
Champaign Urbana Wireless Network (NAF/CUWN). In particular, the 
Commission denied their request that it (1) Not re-open the issue of 
whether to permit new uses of the TV bands on a licensed or unlicensed 
basis; (2) allow personal/portable devices on channels 14-20; and (3) 
allow marketing of new unlicensed TV band devices prior to the end of 
the DTV transition.
    21. Overview of Rules for Unlicensed TV Band Devices. The new rules 
provide for operation of two types of unlicensed TVBDs that may provide 
broadband data and other types of communications services: (1) Fixed 
devices, which will operate from a fixed location with relatively 
higher power and could be used to provide a variety of services 
including wireless broadband access in urban and rural areas, and (2) 
personal/portable devices, which will use lower power and could, for 
example, take the form of devices such as Wi-Fi-like cards in laptop 
computers or wireless in-home local area networks (LANs). In order to 
operate without causing interference to licensed services, both types 
of devices will be required to be able to reliably determine which 
channels are occupied by licensed operations at their location at any 
given time and to avoid interfering with services on those channels 
using the following methods. Devices will be required to identify 
unused channels as follows:
    (a) A fixed device must employ both geo-location/database access 
and spectrum sensing capabilities that enable the device to listen for 
and identify the presence of signals from other transmitters; the geo-
location function for a fixed device may also be performed by a 
professional installer;
    (b) A personal/portable device must either (1) be under the control 
of a fixed device or a personal/portable device that employs geo-
location/database access and spectrum sensing or (2) employ geo-
location/database access and spectrum sensing itself.
    22. In addition, the Commission adopted rules that will allow for 
certification of personal/portable devices that do not include geo-
location and database access capabilities and are not controlled by 
another device but rather determine available channels using spectrum 
sensing, perhaps in combination with some other techniques. These 
devices will be required to meet a ``proof of performance'' standard 
that they will not cause harmful interference to incumbent radio 
services. Such devices will be subject to all of the other requirements 
for personal/portable devices but would be limited to 50 milliwatts 
(mW) EIRP rather than the 100 mW authorized for personal/portable 
devices for which available channels are determined based on the geo-
location and database method. The certification process will require 
submittal of a sample for testing in our laboratory and in the field 
similar to the process that the FCC Laboratory followed for testing of 
TV band devices. The sample device must be a fully functioning pre-
production prototype, identical to the device that will be marketed 
except for cosmetics. The testing will be open to the public. The 
application must also show how the device will protect the various 
incumbent radio services discussed. The determination of whether to 
certify the device will be based on a demonstrated ability to avoid 
causing harmful interference with an extremely high degree of 
reliability. If the device is certificated, the Commission will permit 
routine certification of other devices that have identical 
characteristics (i.e., have the identical electrical characteristics 
and antenna system). It will endeavor to complete the certification 
process within 180 days of submittal of the device for testing, barring 
any unforeseen circumstances.
    23. Fixed Devices. Fixed devices will be allowed to communicate 
with other fixed devices and with personal portable devices. These 
devices will be required to determine their geographic location through 
an incorporated geo-location capability or from a professional 
installer and to access and register with a database system that 
contains records of protected services and receive back a list of the 
available channels at their location. In addition, fixed devices will 
be required to operate with antennas mounted outdoors and to use 
spectrum sensing to identify any wireless microphone operations and any 
other protected signals that might be present at their location but do 
not appear in the database. These devices will be required to sense, at 
levels as low as -114 dBm, TV signals (digital and analog), wireless 
microphone signals, and signals of other services

[[Page 7319]]

that operate in the TV bands on intermittent basis. Fixed devices will 
be allowed to operate at up to 1 watt (W) transmitter output power and 
with a gain antenna to achieve 4 W equivalent isotropically radiated 
power (EIRP), and to communicate with other fixed devices and personal/
portable devices, except that they may not communicate with personal/
portable devices when operating on channels in the range 2-20. The plan 
for fixed devices is similar to the provisions of the draft standard 
for TVBDs under consideration by IEEE 802.22.
    24. Personal/portable Devices. Personal/portable devices will be 
allowed to communicate with fixed devices and with other personal/
portable devices. These devices will be allowed to operate in two 
different modes: (1) Mode I--client, whereby a personal/portable device 
is controlled by a fixed or a personal/portable device operating in 
Mode II that has determined the available channels in the area and/or 
(2) Mode II--independent, whereby a personal/portable device determines 
the available channels using its own internal geo-location/database 
access capabilities. Personal/portable operations will be permitted at 
up to 100 mW EIRP, with no antenna gain, except that when operating on 
a channel adjacent to a TV station or other licensed station/service 
and within the protected coverage area of that service, operations will 
be limited to 40 milliwatts. A device operating in Mode II using its 
own internal geo-location and database access capabilities will be 
allowed to communicate with other personal/portable devices and 
function as the master device in a master/client link with another 
personal/portable device. Devices operating in either mode will be 
required to sense TV signals, wireless microphone signals, and signals 
of other services that operate in the TV bands, including those that 
operate on an intermittent basis, at levels as low as -114 dBm. 
Personal portable devices will not be required to register with the 
database system.
    25. All Devices. All unlicensed TV band fixed and personal/portable 
TV band devices will be permitted to operate on TV channels 21-51, 
excluding channel 37. In addition, fixed TVBDs that only communicate 
with other fixed TVBDs will be permitted to operate on channels 2 and 
5-20, except that they must avoid operation on channels used by private 
land mobile radio service (PLMRS), i.e., public safety, and commercial 
mobile radio service operations on channels in certain markets and 
areas adjacent to them. Also, in individual markets where there are 
Private Land Mobile Radio Service or Commercial Mobile Radio Service 
(PLMRS/CMRS) operations on channels 14-20, two channels in the range 
21-51 will be reserved for operation by wireless microphones such that 
TVBDs will not be permitted on those channels. This plan for channel 
use is consistent with the requests of the various white space 
proponents and would reserve channels for a ``safe harbor'' for 
operation of wireless microphones and ensure protection of the public 
safety and other land mobile services that use channels 14-20. At this 
time, we are only permitting fixed TVBDs to operate on channels that 
are not immediately next to (first adjacent on either side of) the 
channel of a TV station; personal portable devices will be allowed to 
operate on first adjacent channels to a TV station subject to the power 
limitation indicated. All unlicensed TV band devices will be required 
to limit their out-of-band emissions in the first adjacent channel to a 
level 55 dB below the power level in the channel they occupy, as 
measured in a 100 kHz bandwidth. In addition, all TVBDs will be 
required to comply with a more stringent out-of-band emissions band at 
the edges of channels 36 and 38 that are adjacent to channel 37 in 
order to protect medical telemetry devices on that channel 37. Fixed 
devices will also be required to periodically transmit a signal with 
their identification when they are operating. This will facilitate 
identification of sources of interference. The database system for 
fixed stations and personal/portable devices with geo-location and 
database access capability will be managed by a database manager or 
managers selected by our Office of Engineering and Technology. The 
specific provisions of this plan are presented below.

TV Bands Database System Requirements

    26. All unlicensed fixed TV band devices and all personal/portable 
devices, except for those that operate in Mode I under control of a 
fixed or Mode II personal/portable device, will be required to access a 
TV bands database to obtain information on the available channels at 
their location and all unlicensed fixed TVBDs will be required to 
register their operations. In the NPRM and the First R&O/Further NPRM, 
the Commission made proposals and asked for comment on a number of 
specific provisions relating to this database system. In particular, 
the Commission requested comment on the information about authorized 
stations that should be in a database, such as geographic coordinates, 
type and class of station, transmit power level, antenna height and 
other antenna characteristics, the means by which an unlicensed device 
would access the database, and how often the database would need to be 
updated. The Commission addresses the specific plan for operation of 
the database system, including the information to be stored in the 
database, the requirements that apply to unlicensed TVBDs for accessing 
the database system, the responsibilities of a database administrator, 
and database administrator selection.
    27. Database system plan and operation: The Commission has adopted 
a database plan that will provide for efficient and effective 
management of licensee and TVBD records and the identification of 
available channels for TVBDs. As an initial matter, it will consider 
authorizing more than one entity to operate a TV bands database. Thus, 
depending on expressed interest to a solicitation for database 
managers, the Commission could select multiple database administrators 
that could offer services on a competitive basis. In this regard, the 
Commission is mindful that sufficient safeguards must be put in place 
to ensure that a TVBD would receive the same set of available channels 
regardless of which database it queries such that entities compete 
solely on the basis of cost and speed and efficiency of service. The 
database(s) will be a privately owned and operated service that 
unlicensed TV band devices must contact to obtain information on 
channel availability at the locations where they are operated and, in 
the case of fixed devices, to register their operation at those 
locations. The Commission will permit database administrators to charge 
fees for registration of fixed devices and the provision of lists of 
available channels to fixed devices and personal/portable devices. It 
believes that third parties will be in the best position to develop and 
manage a database in a fair and equitable manner and to address the 
day-to-day operational demands. Any TV bands database will be required 
to contain information on: (1) All of the authorized services that 
operate in the TV bands using fixed transmitters with designated 
service areas, including full service and low power TV stations, (2) 
the service paths of broadcast auxiliary point-to-point facilities, (3) 
the geographic regions served by PLMRS/CMRS operations on channels 14-
20, (4) regions served by the Offshore Radiotelephone Service, and (5) 
the locations of cable headends and low

[[Page 7320]]

power TV receive sites that are outside the protected contours of the 
TV stations whose signals they receive. In addition, a TV bands 
database will be required to contain the locations of registered sites 
where wireless microphones and other low power auxiliary devices are 
used on a regular or scheduled basis. A TV bands database will be 
required to register unlicensed TV band devices in accordance with the 
rules and to provide such devices with a list of the available channels 
at the specific locations where they are operating.
    28. Unlicensed TV band devices, except for those operating as a 
client to a either a fixed device or a personal/portable device 
operating in Mode II, will be required to contact a TV bands database 
through the Internet to obtain a list of available channels at their 
location in accordance with the rules set forth herein. Database 
administrator(s) will define protocols so that TV band devices can 
access a database automatically without human intervention. A TV bands 
database will calculate the television channels that are available for 
use by unlicensed TV band devices at their individual locations based 
on the information in the database and consistent with the separation 
distances set forth in the rules and then return a list of those 
channels to the TV band device on an approximately real-time basis. A 
device may then transmit only on those channels which the database 
indicates are available for its use. The database system will also 
record registration information from each fixed TV band device. The 
registration information will include the device's location (geographic 
coordinates) and contact information for its user/operator. This 
registration information will assist TV band device users in 
coordinating efficient use of the available television channels at a 
particular location. In addition, should any interference to licensed 
services occur, the registration information will assist in the 
identification of the source of any such interference. Finally, a TV 
bands database will include provisions for sharing registration data 
with any other Commission authorized TV bands database.
    29. In considering a minimum interval for re-contacting the 
database system, it is important to note that protection is afforded 
not only to TV and other fixed facilities that do not change often, but 
also to mobile/portable facilities such as wireless microphones. As 
already described, the Commission will allow venues where wireless 
microphones and other low power auxiliary devices are used on a regular 
or scheduled basis to register such usage in the TV bands database. 
Because such usage could change on a daily basis, the Commission will 
require that fixed and mode II TVBDs to recheck the database, at a 
minimum, on a daily basis. Rechecking in this manner will also provide 
for timely protection of new or modified licensed facilities. This 
approach accounts for the continual changes that will occur over time 
as new licenses are issued or inaccuracies are corrected. The 
Commission believes that because database access will be performed 
automatically over the Internet, rechecking the available channels will 
not be burdensome. If a device fails to contact a TV bands database on 
any given day, it will be required to cease transmitting after a one-
day grace period. That is, it must cease operating at 11:59 PM on the 
day following a day when it does not contact a TV bands database. This 
grace period will allow for situations where there has been a sustained 
power loss, an Internet outage, or other circumstances that disrupt a 
device's ability to contact a TV bands database. In accessing a TV 
bands database to update its list of available channels, a device will 
only need to provide its identification information, current location 
and, for fixed devices, any changes in its registration information.
    30. In addition to the daily database update requirement, personal/
portable devices operating in Mode II will be required to re-establish 
their location coordinates and to access a TV bands database for a list 
of available channels each time they are activated, i.e., powered on, 
or move. If such a device maintains a powered on state for one day or 
more, the device will then be required to re-check a TV bands database 
as described above. The Commission finds that these measures will 
ensure that both fixed and personal/portable devices properly maintain 
a current list of available channels.
    31. Database information. To ensure that a TV bands database 
contains sufficient elements to both determine available TV channels 
for a given location and to register fixed TVBDs, the Commission must 
define the set of data elements for the database. The elements for the 
various types of systems that will be in the database are described 
herein. Additionally, the Commission notes that for all coordinates it 
will require that they be referenced to the North American Datum of 
1983 (NAD 83) and as described, it will require accuracy to within 50 
meters.
    32. The information collected from fixed unlicensed TV band devices 
will include:
    (1) FCC Identifier (FCC ID) of the device;
    (2) Manufacturer's serial number of the device;
    (3) Device's coordinates (latitude and longitude);
    (4) Name of the individual or business that owns the device;
    (5) Name of a contact person responsible for the device's 
operation;
    (6) Address of the contact person;
    (7) E-mail address of the contact person;
    (8) Phone number of the contact person.
    33. The information collected from personal/portable unlicensed TV 
band devices, which will not be registered and only access the database 
for available channels, will include:
    (1) FCC Identifier (FCC ID) of the device;
    (2) Manufacturer's serial number of the device;
    (3) Device's coordinates (latitude and longitude).
    34. The FCC ID and serial number of the TV band device will 
uniquely identify individual fixed unlicensed TV band devices. This 
information will assist the Commission if compliance issues concerning 
devices arise. A fixed TV band device will be required to update any 
information that has changed when it makes its daily check with a TV 
bands database to determine if the list of available channels at its 
location has changed. If a fixed device does not check the database for 
three months, its registration will be removed from the database.
    35. A database administrator will not be responsible for resolving 
claims of interference from TVBDs. If there is a claim of interference, 
a database administrator, upon request from the Commission, must 
provide TVBD identifying information. If a device is found to be 
causing interference, the Commission may then require that the party 
responsible for the unlicensed device take corrective actions or cease 
operating the device until the interference is resolved. In addition, 
if a representative of the Commission attempts and is unable to contact 
the person responsible for a device that is determined to be causing 
interference, the Commission may require the TV bands database to 
return a message of ``no channels available'' to the device at its next 
scheduled re-check. This will effectively shut down the device until 
contact is made with the responsible party so that the interference can 
be resolved. The database administrator

[[Page 7321]]

will rescind a ``no channels available'' status for that device only 
upon authorization by the Commission.
    36. Now, regarding services that will be protected, a TV bands 
database will contain the following information on full-power 
television stations, digital and analog Class A stations, low-power 
television stations (LPTV), television translator stations, and 
television booster stations:
    (1) Transmitter coordinates (latitude and longitude);
    (2) Effective radiated power (ERP);
    (3) Height above average terrain of the transmitter (HAAT);
    (4) Horizontal transmit antenna pattern (if the antenna is 
directional);
    (5) Channel number;
    (6) Station call sign.

A TV bands database will also be required to include data on the 
distributed transmission system (DTS) facilities of stations using that 
technology and to use that data in determining the protected service 
areas of such stations. The information for full service TV stations is 
available on the Media Bureau's Consolidated Data Base System (CDBS).
    37. A TV bands database will also include information on Broadcast 
Auxiliary Service (BAS) facilities, which use vacant television 
channels for fixed point-to-point links. For permanent links, this 
information is available from the Commission's Universal Licensing 
System (ULS). For temporary BAS links, the party authorized to operate 
the link may voluntarily submit this information to a TV bands 
database. For each BAS link the TV bands database will contain:
    (1) Transmitter coordinates (latitude and longitude);
    (2) Receiver coordinates (latitude and longitude);
    (3) Channel number;
    (4) Call sign.
    38. In some geographic regions, certain television channels from 
channel 14 through channel 20 are set aside for use by PLMRS and CMRS 
operations. These regions are specified in the Commissions rules. A TV 
bands database will contain the center coordinates (latitude and 
longitude) for each of these regions and the television channels used 
in each region. For each of these regions, a TV bands database will 
include the following data elements:
    (1) Region name;
    (2) Channel(s) reserved for use in the region;
    (3) Geographic center of the region (latitude and longitude);
    (4) Call sign.
    39. In addition, numerous PLMRS and CMRS licenses have been granted 
in these channels outside of the identified geographic regions under 
waivers to the Commission's rules. These ``waiver'' licenses are 
specified in various ways such as, for example, by allowing a 
particular transmitted power and antenna height for a base station at a 
specified location or by specifying a geographic area of coverage, such 
as the boundaries of a local county administrative area. The database 
can be populated by information pertaining to facilities authorized by 
the Commission via an extract from the Wireless Telecommunication 
Bureau's ULS database. This database contains information on license 
holders, facility operation parameters (frequency, location, etc.), and 
any special conditions that apply. For each of these waiver licenses 
the following information will be placed into a TV bands database:
    (1) Transmitter location (latitude and longitude) or geographic 
area of operations;
    (2) Effective radiated power;
    (3) Transmitter height above average terrain (if specified);
    (4) Antenna height above ground level (if specified);
    (5) Call sign.

In cases where the operator of a PLMRS/CMRS system licensed under a 
waiver operates multiple transmitters (not including systems that are 
licensed to operate in a coverage area), information on each 
transmitter will be required to be maintained in a TV bands database.
    40. The Offshore Radiotelephone Service uses channels 15-18 along 
the coast of the Gulf of Mexico. The Commission's rules designate four 
regions to protect this service. For each of the four regions a TV 
bands database will contain the following information:
    (1) Geographic boundaries of the region (latitude and longitude for 
each point defining the boundary of the region;
    (2) Channel(s) used by the service in that region.
    41. As noted, cable television systems often use antennas at their 
headends to receive broadcast television signals and then retransmit 
those signals to subscriber households throughout the cable system. In 
many cases, cable systems are able to receive broadcast TV signals at 
locations outside a stations' protected service contour by using high 
gain antennas mounted on top of buildings or tall towers. Records 
identifying cable systems that receive TV stations outside of their 
service areas are not currently maintained in the Commission's 
databases. As indicated, the Commission is extending protection to the 
reception of TV signals by such cable headends. Therefore, we are 
allowing cable operators to register, with a TV bands database, their 
headends that receive TV signals outside of a station's protected 
contour and requiring that a TV bands database afford protection to 
those facilities in accordance with the provisions indicated. A TV 
bands database will collect the following information to register a 
cable headend:
    (1) Name and address of cable company;
    (2) Location of the headend receiver (latitude and longitude);
    (3) Channel number of each television channel received, subject to 
the following condition: channels for which the cable headend is 
located within the protected contour of that channel's transmitting 
station are not eligible for registration in the database;
    (4) Call sign of each television channel received and eligible for 
registration;
    (5) Location (latitude and longitude) of the transmitter of each 
television channel received.
    42. Television translator and low power stations, including Class A 
TV stations, rebroadcast the signal of a full service station or 
another low power station. Like many cable headends, TV translators/low 
power stations often receive the signal of the station they retransmit 
outside the retransmitted station's protected contour. The TV 
translators and low power stations that currently receive the signal 
they retransmit off-the-air at locations beyond the originating 
station's protected service contour are not currently recorded in the 
Commission's databases. To protect the reception of signals at the 
receive sites of these stations, the Commission will allow the 
licensees of such translators and low power stations to register their 
receive sites with a TV bands database and require the database to 
afford those sites protection in the same manner as similarly situated 
cable headends. A TV bands database will collect the following 
information to register a translator/low power receive site:
    (1) Call sign of the TV translator or low power TV station;
    (2) Location of the TV translator or low power station receive site 
(latitude and longitude);
    (3) Channel number of the retransmitted television station, subject 
to the following condition: a channel for which the television 
translator receive site is located within the protected contour of that 
channel's transmitting

[[Page 7322]]

station is not eligible for registration in the database;
    (4) Call sign of the retransmitted television station;
    (5) Location (latitude and longitude) of the transmitter of the 
retransmitted television station.
    43. As discussed, low power auxiliary stations such as wireless 
microphones and wireless assist video devices operate in the television 
bands on a secondary basis under part 74 of the Commission's rules. 
These devices are usually licensed to operate over a broad geographic 
area and a wide range of television channels. The use of these devices 
is sometimes sporadic and nomadic and registration of the locations of 
such operations' locations in a TV bands database would not be 
practical. However, in many cases wireless microphones and wireless 
assist video devices are used regularly and predictably, such as at 
major sporting events facilities, movie studio lots, and television 
studios. For these situations, the low power auxiliary device users 
will be allowed to register in a TV bands database, the location where 
the devices are used to aid in avoiding interference from TV band 
devices. In the case of large event facilities such as race tracks and 
golf courses, the Commission will allow multiple registrations with 
different geographic coordinates to enable protection of the entire 
site. The Commission will require that requests for registration of low 
power auxiliary devices that operate on a seasonal basis, only on 
certain days within a week or only at specific times include such 
information; TVBDs will be restricted from operation in the channels 
used at registered sites only on days and at times when low power 
auxiliary devices at the sites are in operation. Low power auxiliary 
registrations will be valid for no longer than a year, after which they 
may be renewed. The database will collect the following information on 
registered sites that use low power auxiliary devices:
    (1) Name of the individual or business that owns the low power 
auxiliary device(s);
    (2) The name of a contact person;
    (3) An address for the contact person;
    (4) An e-mail address for the contact person (optional);
    (5) A phone number for the contact person (optional);
    (6) Coordinates where the device(s) are used (latitude and 
longitude);
    (7) Channels used by the low power auxiliary devices operated at 
the site;
    (8) Specific months, days and times when the device(s) are used.
    44. Database Administration. The Commission does not maintain a 
database of all TV and other stations and operations in the TV bands 
that could be accessed regularly in real-time by a large number of 
TVBDs dispersed throughout the country. It will designate one or more 
database administrators from the private sector to create and operate a 
TV bands database or databases. The Commission recognizes the interests 
of Google and other TVBD proponents in ensuring that database services 
be made available on a fair and low cost (or no cost) basis and 
believes that providing for authorization of more than one party to 
operate a TV bands database will serve that purpose. The Commission 
will issue a public notice requesting proposals from entities desiring 
to administer a TV bands database. Any entity that ultimately 
administrators such a database must make its services available to all 
TV band device users on a non-discriminatory basis. In addition, to 
ensure stability for these new devices, the Commission will require 
each database administrator to provide services for a five-year term, 
which, at the Commission's discretion, may be renewed. In the event 
that there is only a single a database administrator and that entity 
does not wish to continue at the end of its term, it will be required 
to transfer its database along with the IP address(es) and URL(s) used 
to access the database to another designated entity and would be 
allowed to charge a reasonable price for conveyance of that resource.
    45. If the Commission chooses multiple entities to administer TV 
bands databases, it must ensure that each database contains consistent 
information so that regardless of which database a TVBD queries, it 
receives the same list of available channels in an area. Because a TVBD 
will only be required to contact a single TV bands database, there is a 
need for the TV bands databases to share accurate and timely 
registration information so that each database has a timely view of the 
radio environment and can make the best channel availability 
determinations possible. Therefore, the Commission will require that 
each TV bands database, at a minimum on a daily basis, provide to each 
other TV bands database, all registration information it receives 
during the previous day. This data sharing requirement extends only to 
registrations of fixed devices and protected facilities that are not 
otherwise captured in Commission databases, including wireless 
microphone and wireless assist video device locations, cable headends, 
and TV translator/low power receive sites. The databases can obtain 
information on other services, such as full service TV, land mobile 
licenses, etc. directly from Commission databases. The Commission 
believes that this sharing requirement is extremely important to the 
success of TVBDs as it decreases the burden on any one database and 
also fosters cooperation between the various database administrators. 
Although, the Commission is requiring the TV bands databases to share 
information daily, it will leave the actual implementation details up 
to the database administrators. Once the specific entities are 
selected, they will need to agree on a specific protocol and data 
format requirement so that manufacturers can build standard devices 
that can work with any of the databases and each database can easily 
transmit and receive data from each other database. In addition, the 
database administrators may agree whether to share on a more frequent 
timeframe than daily.
    46. A TV bands database will obtain much of the information on 
licensed use of the television bands for populating the database from 
the existing Commission databases. The TV bands database will be 
required to synchronize itself with the existing Commission databases 
at least once a week so that the information in the TV bands database 
remains current. Entities operating facilities that are entitled to 
protection but that are not licensed by the Commission, e.g., cable 
headends and TV translator/low power TV station receivers, will 
register their facilities through a process established by the database 
administrators. The Commission will allow the TV bands databases to 
charge fees necessary to support the creation and operation of the 
database. These fees may be imposed on the operators of the TV band 
devices for access to the database and/or on the manufacturers of TV 
band devices, but not generally on users of the television bands who 
are not currently in the Commission's database and desire to be 
included in the database. The Commission does not believe it is 
appropriate to charge operators of licensed service for protection of 
their operations from unlicensed devices. It believes that competition 
among databases will serve to keep fees low and reasonable. However, if 
parties believe that the fees charged by a TV bands database are 
excessive, they may petition the Commission for relief.
    47. The Commission recognizes that there is potential for 
inaccurate

[[Page 7323]]

information to be entered into the database, for omissions to occur, 
and for records to be present for licensed facilities that are no 
longer operating. Such inaccuracies could be introduced in several 
ways. For example, any errors that might inadvertently be present in a 
Commission database could be transferred to a TV bands database. In 
addition, the fact that we are permitting information on certain 
services in the TV bands to be voluntarily provided introduces another 
potential for error. Parties submitting such information could 
inadvertently provide inaccurate coordinates, channel or other 
information, and there is also the potential that a party could 
knowingly provide false information on channel use at a location. The 
database administrators will be expected to respond quickly to verify 
and/or correct data in the event that a party brings claims of 
inaccuracies in the database to its attention, including advising the 
Commission of any errors that may appear in the Commission's records. 
Further, the Commission reserves the right to request the removal of 
voluntarily submitted information from a TV bands database in the event 
that such information is determined to be inaccurate or not in 
compliance with the rules.

Ordering Clauses

    48. Part 15 of the Commission's rules is amended as specified in 
Appendix B of the Order, and such rule amendments shall be effective 
March 19, 2009, except for Sec. Sec.  15.713, 15.714, 15.715 and 
15.717, which contain information collection requirements that have not 
been approved by the Office of Management and Budget. The Federal 
Communications Commission will publish a document in the Federal 
Register following approval of the information collection by the Office 
of Management and Budget (``OMB'') announcing the effective date of 
those rules.
    49. Pursuant to Sections 4(i), 302, 303(e), 303(f), 303(g), 303(r) 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302, 303(e), 303(f), 303(g), 303(r) and 405, the petition for 
reconsideration filed by the New America Foundation and the Champaign 
Urbana Wireless Network is denied.
    50. Pursuant to Sections 4(i), 302, 303(e), 303(f), 303(g), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
302, 303(e), 303(f), 303(g) and 303(r), the Emergency Request filed by 
The Association For Maximum Service Television, Inc., The National 
Association of Broadcasters, The ABC, NBC, CBS, and FOX Television 
Networks, and The Open Mobile Video Coalition is denied.
    51. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Second Report 
and Order, including the Final Regulatory Flexibility Analysis, to the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Final Regulatory Flexibility Analysis

    52. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rule Making (NPRM) in ET Docket No. 04-186 \2\ and 
an additional IRFA was incorporated in the First Report and Order and 
Further Notice of Proposed Rule Making (Further NPRM) in ET Docket No. 
04-186.\3\ The Commission sought written public comment on the 
proposals in the NPRM and in the Further NPRM, including comment on the 
IRFAs. No comments were received in response to either IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\4\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ NPRM, 19 FCC Rcd at 10018.
    \3\ Further NPRM, 21 FCC Rcd at 12299.
    \4\ See 5 U.S.C. 603, Title II, 110 Stat 857 (1996).
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A. Need for, and Objectives of, the Second Report and Order

    53. The Second Report and Order allows low power unlicensed 
transmitters to operate in the TV broadcast bands at locations where 
spectrum is not being used by authorized services. The new rules 
provide for operation of two types of unlicensed devices that may 
provide broadband data and other types of communications services: (1) 
fixed devices, which will operate from a fixed location with relatively 
higher power and could be used to provide a variety of services 
including wireless broadband access in urban and rural areas, and (2) 
personal/portable devices, which will use lower power and could, for 
example, take the form of devices such as Wi-Fi-like cards in laptop 
computers or wireless in-home local area networks (LANs). In order to 
operate without causing interference to licensed services, both types 
of devices will be required to be able to reliably determine which 
channels are occupied by licensed operations at their location at any 
given time and to avoid interfering with services on those channels. 
The specific compliance requirements are described in Section D of this 
RFA.
    54. The actions in this Second Report and Order will open for use a 
significant amount of spectrum with very desirable propagation 
characteristics that has heretofore lain fallow. These new rules will 
allow the development of new and innovative types of unlicensed devices 
that provide broadband data and other services for businesses and 
consumers without disrupting the incumbent television and other 
authorized services that operate in the TV bands. In addition, because 
transmissions on frequencies in the TV bands are less subject to 
propagation losses than transmissions in the spectrum bands where 
existing low power broadband unlicensed operations are permitted, i.e., 
the 2.4 GHz and 5 GHz bands, the Commission anticipates that allowing 
unlicensed operation in the TV bands will benefit wireless internet 
service providers (WISPs) by extending the service range of their 
operations. This will allow wireless broadband providers that use 
unlicensed devices to reach new customers and to extend and improve 
their services in rural areas. The Commission anticipates that allowing 
use of the TV white spaces by unlicensed devices will have significant 
benefits for both businesses and consumers and thereby promote more 
efficient and effective use of the TV spectrum.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    55. No comments were received in response to either the IRFA in the 
NPRM or the IRFA in the Further NPRM.

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

    56. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of, the number of small entities that may 
be affected by the rules adopted herein.\5\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \6\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\7\ A

[[Page 7324]]

``small business concern'' is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).\8\
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    \5\ 5 U.S.C. 604(a)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \8\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    57. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \9\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees.\10\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\11\ Of this total, 1,010 had employment 
of under 500, and an additional 13 had employment of 500 to 999.\12\ 
Thus, under this size standard, the majority of firms can be considered 
small.
---------------------------------------------------------------------------

    \9\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \10\ 13 CFR 121.201, NAICS code 334220.
    \11\ U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released May 26, 2005); http://factfinder.census.gov. The number of ``establishments'' is a less 
helpful indicator of small business prevalence in this context than 
would be the number of ``firms'' or ``companies,'' because the 
latter take into account the concept of common ownership or control. 
Any single physical location for an entity is an establishment, even 
though that location may be owned by a different establishment. 
Thus, the numbers given may reflect inflated numbers of businesses 
in this category, including the numbers of small businesses. In this 
category, the Census breaks-out data for firms or companies only to 
give the total number of such entities for 2002, which was 929.
    \12\ Id. An additional 18 establishments had employment of 1,000 
or more.
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    58. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census categories of ``Paging'' \13\ and ``Cellular and Other Wireless 
Telecommunications.'' \14\ Under both categories, the SBA deems a 
wireless business to be small if it has 1,500 or fewer employees. For 
the census category of Paging, Census Bureau data for 2002 show that 
there were 807 firms in this category that operated for the entire 
year.\15\ Of this total, 804 firms had employment of 999 or fewer 
employees, and three firms had employment of 1,000 employees or 
more.\16\ Thus, under this category and associated small business size 
standard, the majority of firms can be considered small. For the census 
category of Cellular and Other Wireless Telecommunications, Census 
Bureau data for 2002 show that there were 1,397 firms in this category 
that operated for the entire year.\17\ Of this total, 1,378 firms had 
employment of 999 or fewer employees, and 19 firms had employment of 
1,000 employees or more.\18\ Thus, under this second category and size 
standard, the majority of firms can, again, be considered small.
---------------------------------------------------------------------------

    \13\ 13 CFR 121.201, NAICS code 517211.
    \14\ 13 CFR 121.201, NAICS code 517212.
    \15\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \16\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \17\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \18\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
---------------------------------------------------------------------------

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

    59. Unlicensed transmitters are currently required to be authorized 
under the Commission's certification procedure as a prerequisite to 
marketing and importation, and TV band devices would be subject to a 
certification requirement. The existing certification procedure in the 
Commission's rules will be used for TV band devices, except that TV 
band devices that rely on spectrum sensing as the sole method of 
determining whether a channel is available will have additional 
certification requirements which are described below. The compliance 
requirements for TV band devices are as follows.
Fixed Devices
     May communicate with other fixed devices and with 
personal/portable devices
     Are permitted to operate on TV channels 2-51, excluding 
channels 3, 4 and 37; may not operate on adjacent TV channels; and, 
must not use any channels used locally by the private land mobile radio 
service (PLMRS)
     Determine their geographic location by means of an 
incorporated geo-location capability or a professional installer
     Access a database system to determine the available 
channels at a location
     Use outdoor antennas
     Are allowed up to 1 watt (W) transmitter output power with 
a gain antenna to achieve up to 4 W effective isotropic radiated power 
(EIRP)
     Must register identifying information in a database to 
help investigate any potential interference due to higher powered 
operations.
Personal/Portable Devices
     May communicate with fixed devices and with other 
personal/portable devices
     Are permitted to operate on TV channels 21-51, excluding 
channel 37
     Can operate in two different modes:
    [cir] Mode I--client, controlled by a fixed device that has 
determined the available channels in the area
    [cir] Mode II--independent, in which the device determines the 
available channels using its own internal geo-location/database access 
capabilities.
     100 milliwatts (mW) EIRP, but limited to 40 mW EIRP when 
operating adjacent to occupied channels.
All TV Band Devices
     Must be capable of sensing TV and wireless microphone 
signals at levels as low as -114 dBm.
    [cir] Operation prohibited on channels where wireless microphones 
are detected.
    [cir] Will provide an additional indication as to whether a TV 
channel is occupied.
    [cir] Will encourage the further development of sensing technology.
    60. The purpose of the TV bands database system for fixed and Mode 
II personal/portable devices is to identify all services in the TV 
bands that are eligible for protection. A TV band device will send its 
geographic coordinates to the database, which will return a list of 
channels available at that location. The Commission will issue a Public 
Notice to solicit interested parties in administering the database.

[[Page 7325]]

The database will contain information about licensed services operating 
in the TV bands obtained from the Commission's databases, including 
full service and low power TV stations, Broadcast Auxiliary Service 
(BAS) links, and PLMRS operations under waivers. In addition, the 
database will contain voluntarily submitted information on services in 
the TV bands that are either not in the Commission's databases or are 
not licensed by specific coordinates, such as wireless microphones.
    61. The Second Report and Order provides for certification of 
devices that rely on sensing alone based on a proof of performance 
standard. The manufacturer may submit an application for certification 
of a device that meets all of the requirements for a TV band device 
except for geo-location and database access. The application would be 
available to the public, except for information that may qualify as a 
trade secret under our rules. A fully functioning pre-production 
prototype would need to be submitted to the Commission for laboratory 
and field testing. The testing will be open to the public. The 
determination of whether to certify the equipment will depend on 
whether the device is shown to provide a high level of confidence that 
it will not interfere with incumbent radio services. It must perform at 
least as well as a device that uses geo-location and database access 
for interference avoidance. Once a device is certified under these 
provisions, the Commission would certify other devices that are 
electrically identical under the usual certification process.
    62. The Second Report and Order imposes new reporting requirements 
on parties operating fixed TV band devices. Operators of fixed TV band 
devices will be required to register their location and information 
about the operator with a TV bands database. When a fixed TV band 
device queries the database the first time, the device will be 
registered in the database system. Operators of fixed TV band devices 
must supply the following registration information and update this 
information, as necessary, when performing the daily database queries 
to verify continued channel availability. The Commission may ask a 
database administrator for this information in the event that a device 
is found to be causing interference.
    (1) FCC identifier (FCC ID) of the device.
    (2) Manufacturer's serial number of the device.
    (3) Device's coordinates (latitude and longitude accurate to within 
50 m).
    (4) Name of the entity, whether an individual or business, 
responsible for the device.
    (5) Name of a contact person responsible for the device's 
operation.
    (6) Address for the contact person.
    (7) E-mail address for the contact person.
    (8) Phone number for the contact person.
    63. As noted in the Second Report and Order, the Commission's 
Office of Engineering and Technology will designate a party or parties 
to administer the database of authorized services in the TV bands. Much 
of this information will be obtained from the Commission's databases, 
including information on full service and low power TV stations, 
Broadcast Auxiliary Service (BAS) links, and PLMRS operations under 
waivers. However, the database will also contain information submitted 
voluntarily by parties operating services in the TV bands that are 
either not listed in the Commission's databases or are not licensed by 
specific coordinates. These services include BAS links authorized on a 
temporary basis, receive sites for TV translators and cable TV systems, 
and sites where wireless microphones are used regularly and 
predictably, such as major sporting events. The purpose of this 
voluntarily submitted information is to prevent TV band devices from 
causing interference to services that do not appear in the Commission's 
database. The submission of such information is strictly voluntary, but 
services operated by parties that do not submit this information may 
not be protected against interference from TV band devices.

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

    64. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.'' \19\
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    65. The rules adopted in the Second Report and Order may have a 
significant economic impact on a substantial number of small entities. 
For an entity that chooses to manufacture or import equipment for the 
subject bands, the rules would impose costs for compliance with 
equipment technical requirements. The costs for fixed and Mode II 
personal/portable devices include incorporating a geo-location method 
to determine the geographic coordinates and the ability to access a 
database of authorized services in the TV bands, for which a fee may be 
charged by the database administrator. The costs for all TV band 
devices include incorporating the ability to detect TV and wireless 
microphone signals. However, the burdens for complying with these rules 
would be the same for both large and small entities. Therefore, no 
disproportionate burden of compliance would be sustained by small 
entities. Further, the rules adopted in the Second Report and Order are 
ultimately beneficial for both large and small entities because they 
will provide for more efficient and effective use of the TV spectrum 
and allow the development of new and innovative types of wireless 
devices and communication services for businesses and consumers. Also, 
because transmissions in the TV band are subject to less propagation 
attenuation than transmissions in other bands where lower power 
operations are permitted (such as unlicensed operations in the 2.4 GHz 
band), operations in the TV bands can improve the service range of 
wireless operations, thereby allowing operators to reach new customers.

F. Report to Congress

    66. The Commission will send a copy of the Second Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.\20\ In addition, the Commission will send a 
copy of the second Report and Order, including the FRFA, to Congress 
and the Government Accountability Office. A copy of the Second Report 
and Order and FRFA (or summaries thereof) will also be published in the 
Federal Register.\21\
---------------------------------------------------------------------------

    \20\ See 5 U.S.C. 801(a)(1)(A).
    \21\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications

[[Page 7326]]

Commission amends 47 CFR part 15 to read 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, and 544a.

0
2. Section 15.37 is amended by adding a new paragraph (n) to read as 
follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (n) Marketing of TV band devices operating under subpart H of this 
part is not permitted prior to February 18, 2009.

0
3. A new Subpart H is added to read as follows:
Subpart H--Television Band Devices
Sec.
15.701 Scope.
15.703 Definitions.
15.705 Cross reference.
15.706 Information to the user.
15.707 Permissible channels of operation.
15.709 General technical requirements.
15.711 Interference avoidance mechanisms.
15.712 Interference protection requirements.
15.713 TV bands database.
15.714 TV bands database administration fees.
15.715 TV bands database administrator.
15.717 TVBDs that rely on spectrum sensing.

Subpart H--Television Band Devices


Sec.  15.701  Scope.

    This subpart sets out the regulations for Television Band Devices 
(TVBDs) which are unlicensed intentional radiators operating on 
available channels in the broadcast television frequency bands at 54-60 
MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz bands.


Sec.  15.703  Definitions.

    (a) Available channel. A television channel which is not being used 
by an authorized user at or near the same geographic location as the 
TVBD and is acceptable for use by an unlicensed device under the 
provisions of Sec.  15.709. A TVBD determines television channel 
availability either from the TV bands database or spectrum sensing.
    (b) Client device. A TVBD operating in client mode.
    (c) Client mode. An operating mode in which the transmissions of 
the TVBD, including frequencies of operation, are under control of the 
master device. A device in client mode is not able to initiate a 
network.
    (d) Fixed device. A TVBD that transmits and/or receives 
radiocommunication signals at a specified fixed location. Fixed TVBDs 
may operate as part of a system, transmitting to one or more fixed 
TVBDs or to personal/portable TVBDs.
    (e) Geo-location. The capability of a TVBD to determine its 
geographic coordinates within a specified level of accuracy.
    (f) Master device. A TVBD operating in master mode.
    (g) Master mode. An operating mode in which the TVBD has the 
capability to transmit without receiving an enabling signal. The TVBD 
is able to select a channel itself based on a list provided by the 
database and initiate a network by sending enabling signals to other 
devices. A network always has at least one device operating in master 
mode.
    (h) Mode I operation. Operation of a personal/portable TVBD 
operating only on the available channel identified by either the fixed 
TVBD or Mode II TVBD that enables its operation. Mode I operation does 
not require use of a geo-location capability or access to the TV bands 
database and requires operation in client mode.
    (i) Mode II operation. Operation of a personal/portable TVBD 
whereby the device determines the available channels at its location 
using its own geo-location and TV bands database access capabilities. 
Devices operating in Mode II may function as master devices.
    (j) Network initiation. The process by which a fixed or Mode II 
TVBD sends control signals to another similar device or to a client 
device(s) and allows them to begin transmissions.
    (k) Operating channel. An available channel used by a TVBD for 
transmission and/or reception.
    (l) Personal/portable device. A TVBD that transmits and/or receives 
radiocommunication signals while in motion or at unspecified locations 
that may change.
    (m) Receive site. The location where the signal of a full service 
station is received for rebroadcast by a television translator or low 
power TV, including Class A TV, station.
    (n) Spectrum sensing. A process whereby a TVBD monitors a 
television channel to detect whether the channel is occupied by a radio 
signal.
    (o) Television band device (TVBD). Intentional radiators operating 
on available channels in the broadcast television frequency bands at 
54-60 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.
    (p) TV bands database. A database of authorized services in the TV 
frequency bands that is used to determine the available channels at a 
given location for use by TVBDs.


Sec.  15.705  Cross reference.

    (a) The provisions of subparts A, B, and C of this part apply to 
TVBDs, except where specific provisions are contained in subpart H.
    (b) The requirements of subpart H apply only to the radio 
transmitter contained in the TVBD. Other aspects of the operation of a 
TVBD may be subject to requirements contained elsewhere in this 
chapter. In particular, a TVBD that includes a receiver that tunes 
within the frequency range specified in Sec.  15.101(b) contains 
digital circuitry not directly associated with the radio transmitter is 
also subject to the requirements for unintentional radiators in subpart 
B.


Sec.  15.706  Information to the user.

    (a) For TV band device, the instructions furnished the user shall 
include the following or similar statement, placed in a prominent 
location in the text of the manual:

    This equipment has been tested and found to comply with the 
rules for TV band devices, pursuant to part 15 of the FCC rules. 
These rules are designed to provide reasonable protection against 
harmful interference. This equipment generates uses and can radiate 
radio frequency energy and, if not installed and used in accordance 
with the instructions, may cause harmful interference to radio 
communications. However, there is no guarantee that interference 
will not occur in a particular installation. If this equipment does 
cause harmful interference to radio or television reception, which 
can be determined by turning the equipment off and on, the user is 
encouraged to try to correct the interference by one or more of the 
following measures:
    1. Reorient or relocate the receiving antenna.
    2. Increase the separation between the equipment and receiver.
    3. Connect the equipment into an outlet on a circuit different 
from that to which the receiver is connected.
    4. Consult the manufacturer, dealer or an experienced radio/TV 
technician for help.

    (b) In cases where the manual is provided only in a form other than 
paper, such as on a computer disk or over the Internet, the information 
required by this section may be included in the manual in that 
alternative form, provided the user can reasonably be expected to have 
the capability to access information in that form.


Sec.  15.707  Permissible channels of operation.

    (a) All TVBDs are permitted to operate in the frequency bands 512-
608 MHz and 614-698 MHz, except that in the 13

[[Page 7327]]

metropolitan areas listed Sec.  90.303(a) of this chapter and nearby 
areas where private land mobile services and commercial land mobile 
services are authorized by waiver, operation of TVBDs is prohibited on 
the first channel on each side of TV channel 37 (608-614 MHz) that is 
available at all locations within the protection range of the 
coordinates of each such area as set forth in Sec.  15.712(d). These 
channels will be listed in the TV bands database.
    (b) Operation in the bands 54-60 MHz, 76-88 MHz, 174-216 MHz, and 
470-512 MHz is permitted only for fixed TVBDs that communicate only 
with other fixed TVBDs.
    (c) Fixed and Mode II TVBDs shall only operate on available 
channels as determined by the TV bands database and in accordance with 
the interference avoidance mechanisms of Sec.  15.711.
    (d) Mode I TVBDs shall only operate on available channels provided 
to it from a Fixed or Mode II TVBD.


Sec.  15.709  General technical requirements.

    (a) Power limits for TVBDs are as follows: (1) For fixed TVBDs, the 
maximum conducted output power over the TV channel of operation shall 
not exceed one watt. Transmitter power will be measured at the antenna 
input to account for any cable losses between the transmitter and the 
antenna. If transmitting antennas of directional gain greater than 6 
dBi are used, the maximum conducted output power shall be reduced by 
the amount in dB that the directional gain of the antenna exceeds 6 
dBi.
    (2) For personal/portable TVBDs, the maximum conducted output power 
over the TV channel of operation shall not exceed 100 milliwatts; 
except that for personal/portable TVBDs that do not meet the adjacent 
channel separation requirements in Sec.  15.712(a), the maximum 
conducted output power shall not exceed 40 milliwatts. If transmitting 
antennas of directional gain greater than 0 dBi are used, the maximum 
conducted output power shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 0 dBi.
    (3) TVBDs shall incorporate transmit power control to limit their 
operating power to the minimum necessary for successful communication. 
Applicants for certification shall include a description of a device's 
transmit power control feature mechanism.
    (4) Maximum conducted output power is the total transmit power in 
the entire emission bandwidth delivered to all antennas and antenna 
elements averaged across all symbols in the signaling alphabet when the 
transmitter is operating at its maximum power control level. Power must 
be summed across all antennas and antenna elements. The average must 
not include any time intervals during which the transmitter is off or 
is transmitting at a reduced power level. If multiple modes of 
operation are possible (e.g., alternative modulation methods), the 
maximum conducted output power is the highest total transmit power 
occurring in any mode.
    (b) Antenna requirements. (1) For personal/portable TVBDs, the 
antenna shall be permanently attached.
    (2) The receive antenna used with fixed devices shall be located 
outdoors at least 10 meters above the ground. The antenna system shall 
be capable of receiving signals of protected services equally in all 
directions. The transmit antenna used with fixed devices may not be 
more than 30 meters above the ground.
    (3) For both fixed and personal/portable TVBDs, the provisions of 
Sec.  15.204(c)(4) do not apply to an antenna used for transmission and 
reception/spectrum sensing.
    (4) For both fixed and personal/portable TVBDs with a separate 
sensing antenna, compliance testing shall be performed using the lowest 
gain antenna for each type of antenna to be certified.
    (c) Undesirable emission limits for TVBDs are as follows:
    (1) In the 6 MHz channels adjacent to the operating channel, 
emissions from TVBD devices shall be at least 55 dB below the highest 
average power in the band in which the device is operating.
    (2) The above emission measurements shall be performed using a 
minimum resolution bandwidth of 100 kHz with an average detector. A 
narrower resolution bandwidth may be employed near the band edge, when 
necessary, provided the measured energy is integrated to show the total 
power over 100 kHz.
    (3) At frequencies beyond 6 MHz from the edge of the operating 
channel, radiated emissions from TVBD devices shall meet the 
requirements of Sec.  15.209.
    (4) Emissions in the band 602-620 MHz must also comply with the 
following field strength limits at a distance of one meter.

------------------------------------------------------------------------
                                       Field strength  dB[mu]V/meter/120
          Frequency  (MHz)                            kHz
------------------------------------------------------------------------
602-607.............................  120-5[F(MHz)-602]
607-608.............................  95
608-614.............................  30
614-615.............................  95
615-620.............................  120-5[620-F(MHz)]
------------------------------------------------------------------------

    (5) TVBDs connected to the AC power line are required to comply 
with the conducted limits set forth in Sec.  15.207.
    (d) Compliance with radio frequency exposure requirements. To 
ensure compliance with the Commission's radio frequency exposure 
requirements in Sec. Sec.  1.1307(b), 2.1091 and 2.1093 of this 
chapter, fixed TVBDs shall be accompanied by instructions on measures 
to take to ensure that persons maintain a distance of at least 40 cm 
from the device, as well as any necessary hardware that may be needed 
to implement that protection. These instructions shall be submitted 
with the application for certification. Personal/portable TVBDs that 
meet the definition of portable devices under Sec.  2.1093 of this 
chapter and that operate with a source-based time-averaged output of 
less than 20 mW will not be subject to routine evaluation for 
compliance with the radio frequency exposure guidelines, while devices 
that operate with a source-based time-average output power greater than 
20 mW will be subject to the routine evaluation requirements.


Sec.  15.711  Interference avoidance mechanisms.

    (a) Except as provided in Sec.  15.717, television channel 
availability for a TVBD is determined based on either the geo-location 
and database access mechanism described in paragraph (b) of this 
section or spectrum sensing described in paragraph (c) of this section.
    (1) A TVBD shall rely on the geo-location and database access 
mechanism to identify available television channels consistent with the 
interference protection requirements of Sec.  15.712. Such protection 
will be provided for the following authorized services: digital 
television stations, digital and analog Class A, low power, translator 
and booster stations; translator receive operations; fixed broadcast 
auxiliary service links; private land mobile service/commercial radio 
service (PLMRS/CMRS) operations; offshore radiotelephone service; and 
cable system head-ends. In addition, protection shall be provided in 
border areas near Canada and Mexico in accordance with Sec.  15.712(g).
    (2) For low power auxiliary services authorized pursuant to 
Sec. Sec.  74.801 through 74.882 of this chapter, including wireless 
microphones, a TVBD shall rely on the geo-location and database access 
mechanism to identify available television channels to provide 
interference protection to registered locations of such operations, 
consistent with the requirements of Sec.  15.712, and

[[Page 7328]]

shall rely on spectrum sensing to identify available television 
channels to provide interference protection to all other operations.
    (b) Geo-location and database access. (1) The geographic 
coordinates of a fixed TVBD shall be determined to an accuracy of +/-50 
meters by either an incorporated geo-location capability or a 
professional installer. In the case of professional installation, the 
party who registers the fixed TVBD in the database will be responsible 
for assuring the accuracy of the entered coordinates. The geographic 
coordinates of a fixed TVBD shall be determined at the time of 
installation and first activation from a power-off condition, and this 
information may be stored internally in the TVBD. If the fixed TVBD is 
moved to another location or if the stored coordinates become altered, 
the operator shall re-establish the device's:
    (i) Geographic location and store this information in the TVBD 
either by means of the device's incorporated geo-location capability or 
through the services of a professional installer; and
    (ii) Registration with the database based on the device's new 
coordinates.
    (2) A Mode II personal/portable device shall incorporate a geo-
location capability to determine its geographic coordinates to an 
accuracy of +/-50 meters. The device must re-establish its position 
each time it is activated from a power-off condition.
    (3)(i) Fixed devices must access a TV bands database over the 
Internet to determine the TV channels that are available at their 
geographic coordinates prior to their initial service transmission at a 
given location. Operation is permitted only on channels that are 
indicated in the database as being available for TVBDs. Fixed TVBDS 
shall access the database at least once a day to verify that the 
operating channels continue to remain available. Operation must cease 
immediately if the channel is no longer available.
    (ii) Mode II personal/portable devices must access a TV bands 
database over the Internet to determine the TV channels that are 
available at their geographic coordinates prior to their initial 
service transmission at a given location. Operation is permitted only 
on channels that are indicated in the database as being available for 
TVBDs. A Mode II personal/portable device must access the database for 
a list of available channels each time it is activated from a power-off 
condition and re-check its location and the database for available 
channels if it changes location during operation. A Mode II personal/
portable device that has been in a powered state shall re-check its 
location and access the database daily to verify that the operating 
channel(s) continue to be available.
    (iii) If a fixed or mode II TVBD fails to contact the TV bands 
database during any given day, it may continue to operate until 11:59 
PM of the following day at which time it must cease operations unless 
it has contacted the TV bands database during the intervening period.
    (iv) Personal/portable devices operating in Mode I shall obtain a 
list of channels on which they may operate from a master device.
    (4) All geographic coordinates shall be referenced to the North 
American Datum of 1983 (NAD 83).
    (c) Spectrum sensing.
    (1) Detection threshold.
    (i) All fixed and personal/portable TVBDs must be capable of 
detecting ATSC digital TV, NTSC analog TV and wireless microphone 
signals using analog or digital modulation methods. The required 
detection thresholds are.
    (A) ATSC signals: -114 dBm, averaged over a 6 MHz bandwidth;
    (B) NTSC signals: -114 dBm, averaged over a 100 kHz bandwidth;
    (C) Wireless microphone signals: -114 dBm, averaged over a 200 kHz 
bandwidth. (ii) The detection thresholds are referenced to an 
omnidirectional receive antenna with a gain of 0 dBi. If a receive 
antenna with a minimum directional gain of less than 0 dBi is used, the 
detection threshold shall be reduced by the amount in dB that the 
minimum directional gain of the antenna is less than 0 dBi. Minimum 
directional gain shall be defined as the antenna gain in the direction 
and at the frequency that exhibits the least gain. Alternative 
approaches for the sensing antenna are permitted, e.g., electronically 
rotateable antennas, provided the applicant for equipment authorization 
can demonstrate that its sensing antenna provides at least the same 
performance as an omnidirectional antenna with 0 dBi gain.
    (2) Low power auxiliary device channel availability check time. A 
TVBD may start operating on a TV channel if no wireless microphone or 
other low power auxiliary device signals above the detection threshold 
are detected within a minimum time interval of 30 seconds.
    (3) TV channel availability check time. A TVBD is required to check 
for TV signals for a minimum time interval of 30 seconds. If a TV 
signal is detected on a channel indicated as available for use by the 
database system, the device will provide a notice of that detection to 
the operator of the device and a means for the operator to optionally 
remove the channel from the device's list of available channels.
    (4) In-service monitoring. A TVBD must perform in-service 
monitoring of an operating channel a minimum of once every 60 seconds. 
There is no minimum channel availability check time for in-service 
monitoring.
    (5) Channel move time. After a wireless microphone or other low 
power auxiliary device signal is detected on a TVBD operating channel, 
all transmissions by the TVBD must cease within two seconds.
    (6) Personal/portable devices operating in the client mode shall 
identify to the fixed or Mode II personal/portable device those 
television channels on which it senses any signals above the detection 
threshold. The fixed or Mode II device shall respond in accordance with 
the provisions of this paragraph as if it had detected the signal 
itself.
    (7) TVBDs communicating either directly with one another or linked 
through a base station must share information on channel occupancy 
determined by sensing. If any device in a local area group or network 
determines that a channel is occupied, all other linked devices will 
also be required to respond in accordance with the provisions of this 
paragraph as if it had detected the signal itself.
    (d) A TVBD must incorporate the capability to display a list of 
identified available channels and its operating channels.
    (e) Fixed TVBDs shall transmit identifying information. The 
identification signal must conform to a standard established by a 
recognized industry standards setting organization. The identification 
signal shall carry sufficient information to identify the device and 
its geographic coordinates.
    (f) If a fixed TVBD device does not have a direct connection to the 
Internet and has not yet been initialized and registered with the TV 
bands database, consistent with Sec.  15.713, but can receive the 
transmissions of another fixed TVBD, the device needing initialization 
may transmit to that other device on either a channel that the other 
TVBD has transmitted on or on a channel which the other TVBD indicates 
is available for use to access the database to register its location 
and receive a list of channels that are available for it to use. 
Subsequently, the newly registered TVBD must only use the television 
channels that the database indicates are available for it to use. Such 
fixed devices must re-contact the database through another fixed device 
to review their list of available channels at least

[[Page 7329]]

once every 60 seconds. A fixed device may not operate as a client to 
another fixed device.
    (g) A personal/portable TVBD operating in Mode I may only transmit 
upon receiving the transmissions of fixed or Mode II TVBD. A personal/
portable device operating in Mode I may transmit on either an operating 
channel of the fixed or Mode II TVBD or on a channel the fixed or Mode 
II TVBD indicates is available for use.


Sec.  15.712  Interference protection requirements.

    (a) Digital television stations, and digital and analog Class A TV, 
low power TV, TV translator and TV booster stations:
    (1) Protected contour. TVBDs must protect digital and analog TV 
services within the contours shown in the following table. The contours 
are based on the R-6602 curves contained in Sec.  73.699 of this 
chapter.

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

    (2) Required separation distance. Fixed TVBDs and personal/portable 
TVBDs operating in Mode II must be located outside the contours 
indicated in paragraph (a)(1) of this section of co-channel and 
adjacent channel stations by at least the minimum distances specified 
in the following table. Personal/portable TVBDs operating in Mode II 
must comply with the separation distances specified for an unlicensed 
device with an antenna height of less than 3 meters. Alternatively, 
Mode II personal/portable TVBDs may operate at closer separation 
distances, including inside the contour of adjacent channel stations, 
provided the power level is reduced as specified in Sec.  15.709(a)(2).

------------------------------------------------------------------------
                                           Required separation (km) from
                                            digital or analog TV (full
                                               service or low power)
   Antenna height of unlicensed device           protected contour
                                         -------------------------------
                                            Co-channel       Adjacent
                                               (km)        channel (km)
------------------------------------------------------------------------
Less than 3 meters......................             6.0            0.1
3-Less than 10 meters...................             8.0            0.1
10-30 meters............................            14.4            0.74
------------------------------------------------------------------------

    (b) Translator receive sites and cable headends. For translator 
receive sites and cable headends registered in the TV bands database, 
TVBDs may not operate within an arc of +/-30 degrees from a line 
between the registered translator or cable headend receive site and the 
TV station being received within a distance of 80 km from the protected 
contour for co-channel operation and 20 km from the protected contour 
for adjacent channel operation. Outside of this +/-30 degree arc, TVBDs 
may not operate within 8 km from the receive site for co-channel 
operation and 2 km from the receive site for adjacent channel 
operation.
    (c) Fixed Broadcast Auxiliary Service (BAS) Links. For permanent 
BAS receive sites appearing in the Commission's Universal Licensing 
System or temporary BAS receive sites registered in the TV bands 
database, TVBDs may not operate within an arc of +/-30 degrees from a 
line between the BAS receive site and its associated permanent 
transmitter within a distance of 80 km from the receive site for co-
channel operation and 20 km for adjacent channel operation. Outside 
this +/-30 degree arc, TVBDs may not operate within 8 km from the 
receive site for co-channel operation and 2 km from the receive site 
for adjacent channel operation.
    (d) PLMRS/CMRS operations. TVBDs may not operate at distances less 
than 134 km for co-channel operations and 131 km for adjacent channel 
operations from the coordinates of the metropolitan areas and on the 
channels listed in Sec.  90.303(a) of this chapter. For PLMRS/CMRS 
operations outside of the metropolitan areas listed in Sec.  90.303(a) 
of this chapter, co-channel and adjacent channel TVBDs may not operate 
closer than 54 km and 51 km, respectively from a base station.
    (e) Offshore Radiotelephone Service. TVBDs may not operate on 
channels used by the Offshore Radio Service within the geographic areas 
specified in Sec.  74.709(e) of this chapter.
    (f) Low power auxiliary services, including wireless microphones. 
(1) TVBDs will not be permitted to operate within 1 km of the 
coordinates of registered wireless microphone sites during designated 
times on the channels used by wireless microphones.
    (2) In the 13 metropolitan areas listed in Sec.  90.303(a) of this 
chapter and nearby areas where private land mobile services and 
commercial land mobile services are authorized by waiver, operation of 
TVBDs will not be permitted to operate on the first channel on each 
side of TV channel 37 (608-614 MHz) that is available, i.e., not 
occupied by a licensed service, at all locations within the protection 
range of the coordinates of each such area as set forth in Sec.  
15.712(d).
    (g) Border areas near Canada and Mexico. (1) Fixed and personal/
portable TVBDs shall not operate within 32 kilometers of the Canadian 
Border.
    (2) Fixed and personal/portable TVBDs shall not operate within 40 
kilometers of the Mexican border on

[[Page 7330]]

UHF channels, or within 60 kilometers of that border on VHF channels.
    (h) Radio astronomy services. Operation of fixed and personal/
portable TVBDs is prohibited on all channels within 2.4 kilometers at 
the following locations.
    (1) The Naval Radio Research Observatory in Sugar Grove, West 
Virginia.
    (2) The Table Mountain Radio Receiving Zone (TMRZ) at 
40[deg]07[min]50[sec] N and 105[deg]15[min]40[sec] W.
    (3) The following facilities.

----------------------------------------------------------------------------------------------------------------
               Observatory                     Longitude  (deg/min/sec)             Latitude  (deg/min/sec)
----------------------------------------------------------------------------------------------------------------
Allen Telescope Array...................  121[deg]28[min]24[sec] W..........  40[deg]49[min]04[sec] N.
Arecibo Observatory.....................  066[deg]45[min]11[sec] W..........  18[deg]20[min]46[sec] N.
Green Bank Telescope (GBT)..............  079[deg]50[min]24[sec] W..........  38[deg]25[min]59[sec] N.
Very Large Array (VLA)..................  107[deg]37[min]04[sec] W..........  34[deg]04[min]44[sec] N.
Very Long Baseline Array (VLBA)
 Stations:
    Pie Town, AZ........................  108[deg]07[min]07[sec] W..........  34[deg]18[min]04[sec] N.
    Kitt Peak, AZ.......................  111[deg]36[min]42[sec] W..........  31[deg]57[min]22[sec] N.
    Los Alamos, NM......................  106[deg]14[min]42[sec] W..........  35[deg]46[min]30[sec] N.
    Ft. Davis, TX.......................  103[deg]56[min]39[sec] W..........  30[deg]38[min]06[sec] N.
    N. Liberty, IA......................  091[deg]34[min]26[sec] W..........  41[deg]46[min]17[sec] N.
    Brewster, WA........................  119[deg]40[min]55[sec] W..........  48[deg]07[min]53[sec] N.
    Owens Valley, CA....................  118[deg]16[min]34[sec] W..........  37[deg]13[min]54[sec] N.
    St. Croix, VI.......................  064[deg]35[min]03[sec] W..........  17[deg]45[min]31[sec] N.
    Hancock, NH.........................  071[deg]59[min]12[sec] W..........  42[deg]56[min]01[sec] N.
    Mauna Kea, HI.......................  155[deg]27[min]29[sec] W..........  19[deg]48[min]16[sec] N.
----------------------------------------------------------------------------------------------------------------

Sec.  15.713  TV bands database.

    (a) Purpose. The TV bands database serves the following functions:
    (1) To determine and provide to a TVBD, upon request, the available 
TV channels at the TVBD's location. Available channels are determined 
based on the interference protection requirements in Sec.  15.712.
    (2) To register the identification information and location of 
fixed TVBDs.
    (3) To register protected locations and channels as specified in 
paragraph (b)(2) of this section, that are not otherwise recorded in 
Commission licensing databases.
    (b) Information in the TV bands database. (1) Facilities already 
recorded in Commission databases. Identifying and location information 
will come from the official Commission database. These services 
include:
    (i) Digital television stations.
    (ii) Class A television stations.
    (iii) Low power television stations.
    (iv) Television translator and booster stations.
    (v) Broadcast Auxiliary Service stations (including receive only 
sites), except low power auxiliary stations.
    (vi) Private land mobile radio service stations.
    (vii) Commercial mobile radio service stations.
    (viii) Offshore radiotelephone service stations.
    (2) Facilities that are not recorded in Commission databases. 
Identifying and location information will be entered into the TV bands 
database in accordance with the procedures established by the TV bands 
database administrator(s). These include:
    (i) Cable television headends.
    (ii) Class A television station receive sites.
    (iii) Low power television station receive sites.
    (iv) Television translator station receive sites.
    (v) Sites where low power auxiliary stations, including wireless 
microphones and wireless assist video devices, are used and their 
schedule for operation.
    (vi) Fixed TVBD registrations.
    (c) Restrictions on registration. (1) Television translator, low 
power TV and Class A station receive sites within the protected contour 
of the station being received are not eligible for registration in the 
database.
    (2) Cable television headends within the protected contour of a 
television channel are not eligible to register that channel in the 
database.
    (d) Determination of available channels. The TV bands database will 
determine the available channels at a location using the interference 
protection requirements of Sec.  15.712, the location information 
supplied by a TVBD, and the data for protected stations/locations in 
the database. The TV bands database will also check for proximity of a 
TVBD to the Canadian and Mexican borders where operation may be 
prohibited pursuant to Sec.  15.712(g).
    (e) TVBD initialization. (1) Fixed and Mode II TVBDs must provide 
their location and required identifying information to the TV bands 
database in accordance with the provisions of paragraph (b) of this 
section.
    (2) Fixed and Mode II TVBDs shall not transmit unless they receive, 
from the TV bands database, a list of available channels.
    (3) Fixed TVBDs register and receive a list of available channels 
from the database by connecting to the Internet, either directly or 
through another fixed TVBD.
    (4) Mode II TVBDs register and receive a list of available channels 
from the database by connecting to the Internet, either directly or 
through a fixed TVBD.
    (f) Fixed TVBD registration. (1) Prior to operating for the first 
time or after changing location, a fixed TVBD must register with the TV 
bands database by providing the information listed in paragraph (f)(3) 
of this section.
    (2) The party responsible for a fixed TVBD must ensure that the 
TVBD registration database has the most current, up-to-date information 
for that device.
    (3) The TVBD registration database shall contain the following 
information for fixed TVBDs:
    (i) FCC identifier (FCC ID) of the device.
    (ii) Manufacturer's serial number of the device.
    (iii) Device's geographic coordinates (latitude and longitude (NAD 
83) accurate to +/- 50 m).
    (iv) Name of the individual or business that is responsible for the 
device.
    (v) Name of a contact person responsible for the device's 
operation.
    (vi) Address for the contact person.
    (vii) E-mail address for the contact person.
    (viii) Phone number for the contact person.
    (g) A personal/portable device operating in Mode II shall provide 
the

[[Page 7331]]

database its FCC Identifier (as required by Sec.  2.926 of this 
chapter), serial number as assigned by the manufacturer, and the 
device's geographic coordinates (latitude and longitude (NAD 83) 
accurate to 50 m)
    (h) The TV bands database shall contain the listed information for 
each of the following:
    (1) Digital television stations, digital and analog Class A, low 
power, translator and booster stations:
    (i) Transmitter coordinates (latitude and longitude in NAD 83).
    (ii) Effective radiated power (ERP).
    (iii) Height above average terrain of the transmitting antenna 
(HAAT).
    (iv) Horizontal transmit antenna pattern (if the antenna is 
directional).
    (v) Channel number.
    (vi) Station call sign.
    (2) Broadcast Auxiliary Service.
    (i) Transmitter coordinates (latitude and longitude in NAD 83).
    (ii) Receiver coordinates (latitude and longitude in NAD 83).
    (iii) Channel number.
    (iv) Call sign.
    (3) Metropolitan areas listed in Sec.  90.303(a) of this chapter.
    (i) Region name.
    (ii) Channel(s) reserved for use in the region.
    (iii) Geographic center of the region (latitude and longitude in 
NAD 83).
    (iv) Call sign.
    (4) PLMRS/CMRS base station operations located more than 80 km from 
the geographic centers of the 13 metropolitan areas defined in Sec.  
90.303(a) of this chapter (e.g., in accordance with a waiver).
    (i) Transmitter location (latitude and longitude in NAD 83) or 
geographic area of operations.
    (ii) Effective radiated power.
    (iii) Transmitter height above average terrain (if specified).
    (iv) Antenna height above ground level (if specified).
    (v) Call sign.
    (5) Offshore Radiotelephone Service. For each of the four regions 
where the Offshore Radiotelephone Service operates.
    (i) Geographic boundaries of the region (latitude and longitude in 
NAD 83 for each point defining the boundary of the region.
    (ii) Channel(s) used by the service in that region.
    (6) Cable Television headends.
    (i) Name and address of cable company.
    (ii) Location of the headend receiver (latitude and longitude in 
NAD 83, accurate to +/-50 m).
    (iii) Channel number of each television channel received, subject 
to the following condition: channels for which the cable headend is 
located within the protected contour of that channel's transmitting 
station are not eligible for registration in the database.
    (iv) Call sign of each television channel received and eligible for 
registration.
    (v) Location (latitude and longitude) of the transmitter of each 
television channel received.
    (7) Television translator, low power TV and Class A TV station 
receive sites.
    (i) Call sign of the TV translator station.
    (ii) Location of the TV translator receive site (latitude and 
longitude in NAD 83, accurate to +/-50 m).
    (iii) Channel number of the re-transmitted television station, 
subject to the following condition: a channel for which the television 
translator receive site is located within the protected contour of that 
channel's transmitting station is not eligible for registration in the 
database.
    (iv) Call sign of the retransmitted television station.
    (v) Location (latitude and longitude) of the transmitter of the 
retransmitted television station.
    (8) Low power auxiliary stations, including wireless microphones 
and wireless assist video devices. Sites with significant wireless 
microphone use at well defined times and locations may be registered in 
the database. Multiple registrations that specify more than one point 
in the facility may be entered for very large sites. Registrations will 
be valid for no more than one year, after which they may be renewed.
    (i) Name of the individual or business that owns the low power 
auxiliary device(s).
    (ii) An address for the contact person.
    (iii) An e-mail address for the contact person (optional).
    (iv) A phone number for the contact person.
    (v) Coordinates where the device(s) are used (latitude and 
longitude in NAD 83, accurate to +/-50 m).
    (vi) Channels used by the low power auxiliary devices operated at 
the site.
    (vii) Specific months, days and times when the device(s) are used.
    (i) Commission requests for data. (1) A TV bands database 
administrator must provide to the Commission, upon request, any 
information contained in the database.
    (2) A TV bands database administrator must remove information from 
the database, upon direction, in writing, by the Commission.


Sec.  15.714  TV bands database administration fees.

    (a) A TV bands database administrator may charge a fee for 
provision of lists of available channels to fixed and personal/portable 
TVBDs and for registering fixed TVBDs and temporary BAS links.
    (b) The Commission, upon request, will review the fees and can 
require changes in those fees if they are found to be excessive.


Sec.  15.715  TV bands database administrator.

    The Commission will designate one or more entities to administer a 
TV bands database. Each database administrator shall:
    (a) Maintain a database that contains the information described in 
Sec.  15.713.
    (b) Establish a process for acquiring and storing in the database 
necessary and appropriate information from the Commission's databases 
and synchronizing the database with the current Commission databases at 
least once a week to include newly licensed facilities or any changes 
to licensed facilities.
    (c) Establish a process for registering fixed TVBDs and registering 
and including in the database facilities entitled to protection but not 
contained in a Commission database, including cable headends and TV 
translator receiver sites.
    (d) Establish a process for registering facilities where part 74 
low power auxiliary devices are used on a regular basis.
    (e) Provide lists of available channels to fixed and personal/
portable TVBDs that submit to it the information required under Sec.  
15.713(f) based on their geographic location.
    (f) Make its services available to all unlicensed TV band device 
users on a non-discriminatory basis.
    (g) Provide service for a five-year term. This term can be renewed 
at the Commission's discretion.
    (h) Respond in a timely manner to verify, correct and/or remove, as 
appropriate, data in the event that the Commission or a party brings 
claim of inaccuracies in the database to its attention.
    (i) Transfer its database along with the IP addresses and URLs used 
to access the database and list of registered Fixed TVBDs, to another 
designated entity in the event it does not continue as the database 
administrator at the end of its term. It may charge a reasonable price 
for such conveyance.
    (j) The database must have functionality such that upon request 
from the Commission it can indicate that no channels are available when

[[Page 7332]]

queried by a specific TVBD or model of TVBDs.
    (k) If more than one database is developed, the database 
administrators shall cooperate to develop a standardized process for 
providing on a daily basis or more often, as appropriate, the data 
collected for the facilities listed in Sec.  15.713(b)(2) to all other 
TV bands databases to ensure consistency in the records of protected 
facilities.


Sec.  15.717  TVBDs that rely on spectrum sensing.

    (a) Parties may submit applications for certification of TVBDs that 
rely solely on spectrum sensing to identify available channels. Devices 
authorized under this section must demonstrate with an extremely high 
degree of confidence that they will not cause harmful interference to 
incumbent radio services.
    (1) In addition to the procedures in subpart J of part 2 of this 
chapter, applicants shall comply with the following.
    (i) The application must include a full explanation of how the 
device will protect incumbent authorized services against interference.
    (ii) Applicants must submit a pre-production device, identical to 
the device expected to be marketed.
    (2) The Commission will follow the procedures below for processing 
applications pursuant to this section.
    (i) Applications will be placed on public notice for a minimum of 
30 days for comments and 15 days for reply comments. Applicants may 
request that portions of their application remain confidential in 
accordance with Sec.  0.459 of this chapter. This public notice will 
include proposed test procedures and methodologies.
    (ii) The Commission will conduct laboratory and field tests of the 
pre-production device. This testing will be conducted to evaluate proof 
of performance of the device, including characterization of its sensing 
capability and its interference potential. The testing will be open to 
the public.
    (iii) Subsequent to the completion of testing, the Commission will 
issue by public notice, a test report including recommendations. The 
public notice will specify a minimum of 30 days for comments and, if 
any objections are received, an additional 15 days for reply comments.
    (b) The device shall meet the requirements for personal/portable 
devices in this subpart except that it will be limited to a maximum 
EIRP of 50 mw and it does not have to comply with the requirements for 
geo-location and database access in Sec.  15.711(b). Compliance with 
the detection threshold for spectrum sensing in Sec.  15.711(c), 
although required, is not necessarily sufficient for demonstrating 
reliable interference avoidance. Once a device is certified, additional 
devices that are identical in electrical characteristics and antenna 
systems may be certified under the procedures of part 2, subpart J of 
this chapter.

[FR Doc. E9-3279 Filed 2-13-09; 8:45 am]
BILLING CODE 6712-01-P