Findings

The Congress finds the following: (1)The television spectrum is home not only to broadcasting, but also to other existing devices, including wireless microphones. These other existing devices provide important services to the entertainment, religious, news, sports, business, governmental, public safety, and other industries and enable their content delivery to consumers. (2)There is spectrum available on unassigned, non-licensed television channels which potentially can support new devices. (3)Introducing these new devices without adequate safeguards would cause harmful interference to other existing television band devices already operating on the unassigned, non-licensed television channels. (4)Existing television band devices require protection from harmful interference to preserve their important operations.

Certified unlicensed device use of unassigned television channels

(a)

Fixed device use permitted

Subject to the limitations and conditions set forth in this section, the Commission shall permit fixed location, certified unlicensed devices to use, on non-exclusive terms, unassigned, non-licensed television broadcast channels between 54 megahertz and 698 megahertz in rural areas no sooner than February 17, 2009. (b)

Protection from harmful interference required

The Commission shall protect incumbent certified low-power auxiliary devices from harmful interference by— (1)requiring certification of unlicensed devices prior to permitting such devices to access or use unassigned, non-licensed television broadcast channels between 54 megahertz and 698 megahertz in rural areas, and requiring, as part of the certification, proof of successful completion of laboratory and field testing by an independent laboratory demonstrating that unlicensed devices do not cause harmful interference to incumbent certified low-power auxiliary devices; (2)prohibiting certified unlicensed devices from operating on any television broadcast channel between 54 megahertz and 698 megahertz that is already in use by an incumbent certified low-power auxiliary device; and (3)considering additional ways to protect incumbent certified low-power auxiliary devices from harmful interference, such as reserving certain television broadcast channels for exclusive use by incumbent certified low-power auxiliary devices. (c)

Non-fixed devices

The Commission may consider permitting the operation of non-fixed (personal/portable) location, certified unlicensed devices to use the non-licensed television broadcast channels between 54 megahertz and 698 megahertz no sooner than 36 months after the Commission’s first approval of the operation of a fixed location, certified unlicensed devices in the non-licensed television broadcast channels under this section. (d)

Definitions

For the purposes of this section: (1)

Commission

The term Commission means the Federal Communications Commission. (2)

Certified unlicensed device

The term certified unlicensed device means any unlicensed device certified under the Communications Act of 1934 and satisfying the testing requirements of section 3(b)(1) of this Act, whose primary purpose is to provide broadband service to rural areas. (3)

Incumbent certified low-power auxiliary device

The term incumbent certified low-power auxiliary device means any certified low-power wireless microphone, personal wireless monitor, or other audio auxiliary equipment operating on television broadcast channels between 54 megahertz and 698 megahertz, used for entertainment, religious, news gathering, governmental, business, or personal consumer purposes to provide real-time, high-quality audio transmissions over distances of approximately 100 meters. (4)

Rural area

The term rural area means any rural service area or rural statistical area, as defined by the Commission.