[Federal Register: November 17, 2006 (Volume 71, Number 222)]
[Rules and Regulations]
[Page 66876-66878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no06-15]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 04-186 and 02-380; FCC 06-156]
Unlicensed Operation in the TV Broadcast Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document allows low power devices to operate on unused
television channels in locations where such operations will not result
in harmful interference to TV and other authorized services. The
Commission believes that this plan will provide for more efficient and
effective use of the TV spectrum and will significantly benefit the
public by allowing the development of new and innovative types of
devices and services for businesses and consumers, without disrupting
television and other authorized services using the TV bands.
DATES: Effective December 18, 2006.
FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, 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 First
Report and Order, ET Docket No. 04-186 and ET Docket No. 02-380, FCC
06-156, adopted October 12, 2006, and released October 18, 2006. 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
1. On May 13, 2004, the Commission adopted a Notice of Proposed
Rule Making (NPRM), 69 FR 34103, June 18, 2004, 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 to TV stations and other authorized
users of the spectrum will occur, the Commission proposed to define
when 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 establishing a
plan for minimizing interference, the Commission proposed to classify
unlicensed broadband devices to be used in the TV bands into 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/
access'' unlicensed devices that are generally operated from a fixed
location and may be used to provide a commercial service such as
wireless broadband Internet access. The Commission proposed that fixed/
access devices incorporate a geo-location method such as a Global
Positioning System (GPS) receiver or be professionally installed, and
that they must access a database to identify vacant channels at their
location. It proposed to require that personal/portable devices operate
only when they receive a control signal from a source such as an FM or
TV station that identifies the vacant TV channels in that particular
area. The Commission also 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. In the First Report and Order, the Commission takes a number of
important first steps towards allowing the introduction of new low
power devices in the broadcast television spectrum (TV bands) on
channels/frequencies that are not being used for authorized services
(hereinafter referred to as ``TV band devices''). The goal in this
proceeding is to allow such devices to operate on unused television
channels in locations where such operations will not result in harmful
interference to TV and other authorized services. The Commission
believes that this plan will provide for more efficient and effective
use of the TV spectrum and will significantly benefit the public by
allowing the development of new and innovative types of devices and
services for businesses and consumers, without disrupting television
and other authorized services using the TV bands. 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 benefit a wide range of service providers and consumers by
improving the service range of wireless operations, thereby allowing
operators to reach new customers. While there will be significant
benefits to the public from its actions, the Commission recognizes that
it must balance these benefits with the need to protect authorized
services in the TV bands from harmful interference.
3. The Commission also recognizes the importance of conducting
tests to ensure that whatever standards are ultimately adopted for TV
band devices will protect incumbent radio services from harmful
interference. Given the complex and novel sharing issues presented
here, it intends to conduct several types of testing, and also
encourages interested parties to conduct tests and submit their results
into the record of this proceeding. Interested parties that conduct
their own tests for the record should provide a test plan that explains
in detail the assumptions used and the reasons supporting them.
[[Page 66877]]
4. In order to provide sufficient time for the Commission and
industry to develop appropriate technical standards for TV band
products as well as lead time for industry to design and produce new
products, it intends to adopt a Second Report and Order specifying
final requirements for devices in the TV bands in the fall of 2007.
This will allow the Commission's Laboratory to begin accepting
applications for certification of these devices in the TV bands by late
2007. Certification will be granted if the application, upon review, is
found to comply with the new technical rules and will allow the
manufacture and shipment of products to distribution points. These
devices will not be available for sale at retail until after the DTV
transition ends on February 17, 2009.
5. The Commission is convinced based on the record in this
proceeding that it can adopt rules to allow fixed low power operation
on unused spectrum in the TV bands without causing harmful interference
to authorized services. There are several factors supporting this
conclusion. First, upon completion of the DTV transition, there will be
significant unused TV spectrum available in many areas in the country,
either because of the separations required between authorized stations
to avoid interference or because available TV channels have not been
assigned and other services are not using vacant channels. Also, based
on the Commission's experience in developing rules for U-NII devices,
it believes that it is reasonable to expect that existing technology,
such as that used for spectrum sensing, can be adapted to allow devices
to identify unused spectrum in a given geographic area and thus allow
sharing of the TV bands. Further, the Commission notes that the IEEE
802.22 working group with broad based support is in the process of
developing a standard to enable fixed devices to successfully share
spectrum with authorized services in the TV bands. Finally, these
devices will operate at relatively low power levels and, it is easier
to protect incumbent operations in the TV bands, including wireless
microphones, when devices are limited to fixed operation.
6. The Commission will exclude low power devices from operating on
TV channels 37 and 52-69 to prevent interference to radio astronomy
operations and the WMTS on channel 37. Also, channels 52-69 have been
reallocated for services other than broadcast television and will no
longer be part of the TV bands after the transition. The Commission
will also exclude personal/portable TV band devices from operating on
channels 14-20 in all areas of the country to prevent possible
interference to public safety and other operations in the PLMRS/CMRS.
Because personal/portable devices are easily transported and used
anywhere, the Commission believes that the most prudent approach to
protecting public safety and other PLMRS/CMRS operations on channels
14-20 is to prohibit personal/portable low power TV band devices from
operating on those channels in all areas of the country.
7. Implementation Date. The Commission will allow low power TV band
devices to be marketed immediately after the end of the DTV transition
on February 17, 2009, but not before. The Commission believes that this
schedule is appropriate for several reasons. First, there are fewer
vacant channels available during the DTV transition because most TV
stations are currently broadcasting both an analog and a digital
signal. There are thus about twice as many TV channels in use now as
there will be after the end of the transition when full service analog
broadcasting ceases. Also, the TV band is in a state of flux as the
Commission develops the final DTV table of allotments and some TV
stations still must change channels. In this regard, there will be
adjustments in DTV channels that affect the availability of channels in
individual markets throughout the remainder of the transition. The
Commission also notes the concerns of a number of parties about
possible disruption to the DTV transition if unlicensed devices are
permitted to operate in the TV bands prior to the end of the DTV
transition. The Commission believes that the risk of creating
uncertainty that would impede the DTV transition outweighs the benefit
of allowing operation of low power devices at a slightly earlier date,
especially given that some proponents of low power devices have
indicated they would need up to 21 months after the adoption of final
technical rules to bring such devices to market. For these reasons, the
Commission will allow TV band devices on the market only after the end
of DTV transition.
Final Regulatory Flexibility Certification
8. The Regulatory Flexibility Act of 1980, as amended (RFA) \1\
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \2\ The RFA generally defines ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).\5\
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\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), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
\2\ 5 U.S.C. 605(b).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in Small Business Act, 15 U.S.C. S
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.''
\5\ Small Business Act, 15 U.S.C. S 632.
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9. In the First Report and Order, the Commission decides to allow
low power fixed devices to operate on unused spectrum on TV channels 5-
13, and 21-51, excluding channel 37. Operation will not be permitted
prior to further action by the Commission to develop technical rules
that allow devices to operate on those channels without causing
interference. Because the Report and Order does not adopt any rules or
other compliance requirements, the Commission certifies that the
actions in the First Report and Order will not have a significant
economic impact on a substantial number of small entities. The
Commission will send a copy of the First Report and Order including a
copy of this final certification, in a report to Congress pursuant to
the Small Business Regulatory Enforcement Fairness Act of 1996, see 5
U.S.C. 801(a)(1)(A). In addition, the First Report and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration, and will be published in the Federal
Register. See 5 U.S.C. 605(b).
Ordering Clauses
10. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(r) and 307
of the Communications Act of 1934, as amended, 47 U.S.C. Sections
154(i), 302, 303(e), 303(f), 303(r) and 307, this First Report and
Order and Further Notice of Proposed Rule Making is hereby adopted.
[[Page 66878]]
11. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this First Report
and Order and Further Notice of Proposed Rule Making, including the
Initial Regulatory Flexibility Analysis and Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-18907 Filed 11-16-06; 8:45 am]
BILLING CODE 6712-01-P