[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66876-66878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18907]


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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 [email protected]. or Alan 
Stillwell, Office of Engineering and Technology (202) 418-2925, e-mail 
[email protected], 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 [email protected].

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