[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35675-35677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9497]


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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 06-89; FCC 06-77]


Creation of a Spectrum Sharing Innovation Test-Bed

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Federal Communications Commission (``Commission'') and the 
National Telecommunications and Information Administration (``NTIA'') 
seek to evaluate innovative methods for spectrum sharing among 
disparate users to enable more intensive use of the finite radio 
spectrum. One way of accomplishing this task is to set up a test-bed 
where both federal and non-federal users could undertake one or more 
studies and experiments to test these ideas. This document seeks 
comment on a wide range of issues that are integral to the creation of 
such a test-bed, which will be called the Spectrum Sharing Innovation 
Test-Bed (``Test Bed'').

DATES: Comments must be filed on or before July 10, 2006, and reply 
comments must be filed on or before July 24, 2006.

FOR FURTHER INFORMATION CONTACT: Saurbh Chhabra, (202) 418-2266, e-
mail: [email protected], or Ira Keltz, (202) 418-0616, e-mail: 
[email protected], Office of Engineering and Technology, TTY (202) 418-
2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 06-89, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: [Optional: Include the e-mail address only if you 
plan to accept comments from the general public]. Include the docket 
number(s) in the subject line of the message.
     Mail: [Optional: Include the mailing address for paper, 
disk or CD-ROM submissions needed/requested by your Bureau or Office. 
Do not include the Office of the Secretary's mailing address here.]
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, ET Docket No. 06-89, FCC 06-77, adopted May 25, 2006, and 
released June 8, 2006. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The complete text of this document also may be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., 445 
12th Street, SW., Room, CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: http://www.fcc.gov.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the website for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call

[[Page 35676]]

the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 
202-418-0432 (tty).

Summary of Public Notice

    1. Demand for spectrum by Federal and non-Federal users has been 
increasing and this trend is expected to continue as new and enhanced 
services and applications and new requirements are identified and 
developed. Recognizing this trend, the Commission and the National 
Telecommunications and Information Administration (``NTIA'') seek to 
evaluate innovative methods for spectrum sharing among disparate users 
to enable more intensive use of the finite radio spectrum. One way of 
accomplishing this task is to set up a test-bed where both Federal and 
non-Federal users could undertake one or more studies and experiments 
to test these ideas. This Public Notice seeks comment on a wide range 
of issues that are integral to the creation of such a test-bed, which 
will be called the Spectrum Sharing Innovation Test-Bed (``Test Bed''). 
NTIA is also soliciting comment on many of these same issues through a 
recently released Notice of Inquiry.
    2. By way of background, on May 29, 2003, the President established 
the ``Spectrum Policy Initiative'' by issuing an Executive Memorandum 
to initiate an examination of the existing legal and policy framework 
for spectrum management in order to better optimize the use of U.S. 
spectrum assets for Federal and non-Federal users. The Commission was 
encouraged to participate in this review and to provide input to the 
NTIA on these issues.
    3. In June 2004, the U.S. Department of Commerce issued two reports 
with policy recommendations for improving spectrum management. One 
report addressed federal spectrum use and the other addressed 
commercial and state and local public safety spectrum use. Both reports 
included a recommendation that the Commission and the NTIA develop a 
Spectrum Sharing Innovation Test-Bed for use in planning how spectrum 
can best be shared between Federal and non-Federal users. Specifically, 
the test-bed recommendation states:

    Within two years of this report's publication, NTIA and the FCC 
should establish a pilot program to allow for increased sharing 
between Federal and non-Federal users. NTIA and the FCC should each 
identify a segment of spectrum of equal bandwidth within their 
respective jurisdiction for this program. Each segment should be 
approximately 10 MHz for assignment on a shared basis for Federal 
and non-Federal use. The spectrum to be identified for this pilot 
program could come from bands currently allocated on either an 
exclusive or shared basis. Two years after the inception of the 
pilot program, NTIA and the FCC should provide reports outlining the 
results and suggesting appropriate procedures for expanding the 
program as appropriate.

    4. To assist the Commission in developing its recommendations on 
this issue, we are requesting that interested parties submit comments 
and information on a Test-Bed program to study the feasibility of 
increasing the efficient use of spectrum that is shared between Federal 
and non-Federal users. To provide guidance to the public, we are 
including, as part of this public notice, specific questions/issues 
relating to the Test-Bed pilot program. These questions/issues are 
intended to promote discussion and comment across a range of issues and 
are not intended, in any way, to limit the scope of the comments filed 
in response to the Public Notice. In this regard, parties are 
encouraged to file comments on related issues even if they do not 
respond directly to any particular question posed.
    5. To ensure that the results of experiments using the Test-Bed are 
informative for evaluating possible Federal and non-Federal sharing 
opportunities, we believe that the goal(s) of the Test-Bed must first 
be defined (i.e., description of the issues to be studied) and then 
appropriate spectrum can be identified. For convenience, we have 
divided the questions/issues into three categories: (A) Goal and Scope 
of the Test-Bed program; (B) Logistics to create and implement the 
Test-Bed program; and (C) Conclusion and evaluation of the Test-Bed 
program. In providing answers to the questions below, we ask that 
commenters provide details regarding specific experiments for the Test-
Bed.

A. Goal and Scope of the Test-Bed Program

    To define the Test-Bed program more precisely so that it can 
provide the greatest benefit for all spectrum users (Federal and non-
Federal), we seek comment on the following questions:
    1. The Test-Bed could be used to effectuate many goals, including 
testing dynamic spectrum access techniques, developing new technologies 
for public safety, and streamlining spectrum coordination processes 
between Federal and non-Federal users. We seek comment on these goals, 
as well as other goals that commenters believe will satisfy the purpose 
of the spectrum sharing innovation Test-Bed.
    a. In satisfying the identified goals, are there particular 
technologies or areas of interest about which the Test-Bed should focus 
(e.g., cognitive radios, smart antennas, determining different ways to 
measure spectrum efficiency, determining ways of increasing spectrum 
efficiency, determining how technology could be used more efficiently)?
    b. What challenges are spectrum users facing that the Test-Bed can 
be used to resolve? What type of information should we expect the Test-
Bed to produce? What type of issues should we expect the Test-Bed to 
resolve?
    2. Should the Test-Bed encompass a single experiment or should 
multiple experiments be undertaken at any given time? If the latter, 
should there be different requirements (whether technical or legal) 
applied to the various experiments? If so, what should the requirements 
be and what are the justifications for the differing requirements?

B. Logistics To Create and Implement the Test-Bed Program

    3. What criteria should be used in identifying candidate frequency 
band(s) for the Test-Bed program? What relationship should the 
frequency bands have to the goal(s) identified for the Test-Bed?
    4. As stated in the recommendation, a minimum of 20 MHz (10 MHz 
identified by NTIA and 10 MHz identified by the Commission) is 
suggested for the Test-Bed program. How much spectrum should the 
Commission consider identifying for the Test-Bed program?
    a. What particular portion(s) of spectrum should be identified for 
this purpose? Commenters should explain how the identified spectrum 
will facilitate satisfying the identified goals.
    b. Based on the goal(s) identified and/or the specific experiments 
proposed, commenters should specify whether the Test-Bed requires 
contiguous or non-contiguous spectrum. For experiments requiring non-
contiguous spectrum, commenters should specify the required spectrum 
block size and frequency separation needed (i.e., tradeoffs between 
frequency-division multiplexing needs v. time-division multiplexing 
needs).
    c. Should the Commission focus on identifying non-Federal exclusive 
or Federal/non-Federal shared spectrum?
    d. How should the particular spectrum bands identified for Test-Bed 
use be determined? Should the bands be selected by the Commission or 
are there marketplace mechanisms that can be used?
    5. One of the tools the Commission has at its disposal is the 
experimental licensing program which allows

[[Page 35677]]

licensees to use spectrum on a non-interference basis to experiment 
with new technologies and innovations. Under the experimental licensing 
program, users may identify any spectrum of interest for 
experimentation and are generally authorized for up to two years with 
the possibility of renewal. Should users be authorized for use of the 
Test-Bed through use of the experimental licensing program? 
Alternatively, the Commission could conduct a rulemaking proceeding to 
specifically authorize various uses and frequency bands. We request 
that commenters provide details regarding which method is most 
advantageous for meeting the goal(s) of the program. In providing 
information regarding this question, commenters should keep in mind the 
following:
    a. Experimental licensing rules and procedures are already 
contained in part 5 of the Commission's rules. Thus, these procedures 
could be used without further action by the Commission.
    b. Experimental licensing is flexible (i.e., under experimental 
licenses, licensees have no rights to use the spectrum exclusively, may 
not cause harmful interference to any user and are not protected from 
harmful interference caused by other spectrum users).
    c. A rulemaking proceeding may need to specifically identify 
potential modifications to the table of spectrum allocations, usage 
restrictions, and licensee rights for both the Test-Bed user and any 
incumbent licensees. Commenters who advocate such an approach should 
provide details regarding spectrum bands, proposed usage, how users 
should be authorized for use of the Test-Bed (e.g., obtain a license 
through one of the Commission's licensing systems), and user status 
(i.e., primary, secondary, non-interference basis) and the relationship 
of the Test-Bed user to incumbents.
    6. Options exist for implementation of the Test-Bed with respect to 
a specific geographic area. Commenters should provide details regarding 
the necessity for experimentation to occur over large or small areas. 
Similarly, commenters should provide details regarding whether 
experiments can be limited to rural areas or areas where there are 
relatively few incumbent users. One advantage to such an approach is 
that the risk of causing harmful interference to an incumbent user is 
reduced. We seek comment on whether such a restriction should exist and 
on other methods of ensuring that incumbent users are protected from 
interference.
    7. What information should be provided to the Commission prior to 
initiating use of the Test-Bed? For example, should the Commission 
require submission of pre-experiment assumptions, analysis (modeling 
and simulation), and pre-experiment predictions?
    8. If there are competing proposals for use of the Test-Bed, what 
criteria should be used to select candidates? Should multiple 
candidates be selected? If so, what procedures are needed for these 
candidates to coordinate with each other?
    9. Are special procedures necessary for non-federal users of the 
Test-Bed to coordinate usage with Federal users of the Test-Bed?
    10. What other issues or factors should be considered with respect 
to creation of a Test-Bed?
    11. Should Commission personnel (along with personnel whom NTIA may 
assign) be appointed as overseers to gauge the progress of the program? 
Is a more or less active role by the FCC desired?
    12. What resources, if any, including equipment to be evaluated in 
the Test-Bed, funding, personnel, or facilities could parties provide 
for the Test-Bed program? Would use of private resources potentially 
create conflicts of interest among Test-Bed users?
    13. To promote participation by interested parties, should the 
creation and use of any incentives be considered? What incentives, if 
any, could be considered and by whom should they be created and 
offered?
    14. Should use of proprietary technologies or information be 
permitted in the Test-Bed? If so, how should release of data based on 
their use be handled?

C. Conclusion and Evaluation of the Test-Bed Program

    15. What metrics should be used in evaluating the results/
accomplishments of the Test-Bed program?
    16. If the program meets the performance metrics, should it be 
expanded to other frequency bands, and/or other locations? Why or why 
not?
    17. What expectations should be placed on equipment and techniques 
developed during the experiment(s)? For example, should there be an 
expectation that a successful experiment would translate into permanent 
usage or at the minimum a rulemaking proceeding by the Commission to 
explore rule changes consistent with the experiment results?
    18. At the conclusion of any experiment, should users be required 
to submit a report detailing the experiment--goal, assumptions, 
methodology, and results?

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-9497 Filed 6-20-06; 8:45 am]
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