[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Proposed Rules]
[Pages 66897-66905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18910]


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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: Proposed rule.

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SUMMARY: This document asks questions and sets forth proposals 
concerning the rules that will be necessary to enable low power devices 
to operate in the TV bands without causing harmful interference to 
other authorized operations in those bands. The process that the 
Commission will follow in developing the final rules for devices in the 
TV bands will allow it to develop a thorough record on the various 
issues involved. While the Commission continues to focus on devices 
operating on an unlicensed basis, it also asks whether such devices 
should instead operate on a licensed or hybrid basis. The Commission 
expects to complete this work and make final decisions in sufficient 
time for industry to design and produce new products by completion of 
the DTV transition.

DATES: Comments must be filed on or before January 31, 2007, and reply 
comments must be filed on or before March 2, 2007.

ADDRESSES: You may submit comments, identified by ET Docket No. 04-186 
and 02-380, 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.

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 
Further Notice of Proposed Rulemaking, ET Docket No. 04-186 and 02-380, 
FCC 06-156, adopted October 12, 2006, and released October 18, 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

[[Page 66898]]

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

Summary of Further Notice of Proposed Rulemaking

    1. The purpose of this Further Notice of Proposed Rule Making 
(FNPRM) is to develop additional information concerning the rules that 
will be necessary to enable low power devices to operate in the TV 
bands without causing harmful interference to other authorized 
operations in those bands. TV stations are generally protected from 
interference within defined signal contours, and the signal level that 
defines a TV station's protected contour varies depending on the type 
of station and the frequency band in which the station operates. 
Consequently, in the Notice of Proposed Rule Making (NPRM) 69 FR 34103, 
June 18, 2004, the Commission proposed to use these service area 
criteria to define the areas that unlicensed devices must protect from 
harmful interference, i.e., TV service within the contours defined by 
these criteria would have to be protected. In the NPRM, the Commission 
considered several different interference avoidance approaches for 
unlicensed operations for two functional categories of operations--
fixed/access and personal/portable devices. Fixed/access devices 
generally operate at higher power from a fixed location, including 
outdoors, and may be used to provide a commercial service. Personal/
portable devices, on the other hand, are those generally anticipated to 
operate at lower power, usually indoors or within a small localized 
area, and include devices such as computers or personal digital 
assistants (PDAs) that can be moved to operate at different locations. 
The Commission proposed to require that fixed/access devices 
incorporate a geo-location method such as GPS or be professionally 
installed, and that they access a database to identify vacant channels 
at their location. The Commission proposed 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. Finally, it sought comment on the possibility of 
using spectrum sensing as an alternative to the geo-location/database 
and control signal approaches, but did not make any specific proposals 
on the use of this technique for identifying unused TV channels.
    2. The Commission does not believe there is sufficient information 
in the record to adopt rules for any of these interference avoidance 
approaches at this time. There are unresolved issues from the NPRM with 
respect to both the geo-location/database approach and the control 
signal approach, and the Commission is seeking further comment on ways 
to resolve those issues. Because the Commission believes that the 
spectrum sensing approach holds promise, it is making specific 
proposals concerning this approach. Although the NPRM included 
proposals that different interference avoidance schemes be used for 
fixed/access and personal/portable devices, commenters responding to 
this Further NPRM should address whether and how one interference 
avoidance scheme could be used effectively for both types of TV band 
devices. Commenters also should address how an interference avoidance 
scheme would protect TV services within their defined contours.

Licensed vs. Unlicensed Operation

    3. In the NPRM, the Commission proposed to allow unlicensed 
operation in the TV bands, but did not address the possibility of 
instead providing for new low power operations on a licensed basis. A 
number of parties suggest that if new wireless operations are permitted 
in the TV bands, they should be on a licensed, rather than an 
unlicensed, basis. No party provided specific recommendations for how 
spectrum in the TV band could be assigned on a licensed basis for the 
devices contemplated in the NPRM. In the interest of obtaining a 
further record on this issue, the Commission seeks comment on whether 
proposed low power operations in the TV bands should be allowed on an 
unlicensed, licensed, or hybrid basis.
    4. The Commission notes that licensing would require it to 
determine the rights and obligations of such licensees vis-[agrave]-vis 
other licensees. In contrast to unlicensed use, licensees would, by 
definition, have rights to transmit in this band with some interference 
protection. For instance, what would be the allocation status of such 
licensed operations? How would such services fit within the hierarchy 
of currently authorized TV and other services in the band? Should they 
have

[[Page 66899]]

equal, superior, or secondary rights to existing services, and if so, 
which ones? Would TV band devices used by licensed services be required 
to incorporate the same type of interference avoidance mechanisms and 
low power limits that are proposed for unlicensed devices? Would an 
exclusive licensing approach or a non-exclusive, shared approach better 
serve the Commission's spectrum policy objectives? If the Commission 
decides to license wireless services on an exclusive basis, it seeks 
comment on what licensing areas should be used in this band--e.g., 
nationwide, regional, small geographic areas, or a site-specific 
approach? Should the Commission divide the TV spectrum into different 
blocks of channels--e.g., Channels 5 and 6, Channels 7 through 13, 
Channels 21 through 36, and Channels 38 through 51--and issue separate 
authorizations to operate on each of these blocks of channels in the 
relevant geographic area?
    5. The Commission seeks comment on these and any other issues 
relevant to whether TV band devices should be allowed on an unlicensed, 
licensed, or hybrid basis. It asks commenters to discuss the technical, 
operational, legal, or economic advantages and costs associated with 
the various options. Commenters should also discuss the benefits and 
disadvantages associated with each of these approaches.

Spectrum Sensing and Other Technical Requirements

    6. The Commission further explores the viability of spectrum 
sensing as a method for identifying TV channels that may be used by TV 
band devices and offers specific technical proposals for the sensing 
capabilities and parameters that would need to be included in the 
Commission's rules. It requests additional comment on whether TV band 
devices should be allowed to use spectrum sensing as a means to 
determine the availability of unused frequencies in the TV bands and, 
if so, the technical features and parameters of the sensing capability 
to be required.
    7. Detection Threshold. The detection threshold is the sensitivity 
level that would be used to determine the presence of other signals. 
The Commission observes that IEEE 802.22 is considering different 
threshold detection levels depending on the nature of the source 
signal, with levels as low as -116 dBm. The Commission invites comment 
as to this value or alternative values for the detection threshold.
    8. The Commission appreciates that a variety of additional 
considerations need to be taken into account in developing the 
detection threshold for devices in the TV bands. For example, a lower 
detection threshold infers greater interference protection for services 
operating in the TV spectrum, but could also result in increased false 
positives as a response to spurious radio noise or other unlicensed 
devices, sharply reducing the usefulness of this spectrum for TV band 
devices. Also, the height of the TV band device transmitting antenna 
affects the distance that signals propagate, and therefore the distance 
at which interference could occur. The Commission asks interested 
parties to address how these factors might be taken into account in 
developing the appropriate detection threshold.
    9. A number of parties have asserted that sensing alone will not be 
effective in preventing harmful interference to TV broadcasting within 
its protected contour and to other authorized services in this spectrum 
due to the problem of the ``hidden node.'' This situation results when 
there is an obstruction between the sensing receiver and the signal to 
be detected. In this case, the sensing receiver may fail to detect that 
a channel is occupied and begin transmitting, thus causing interference 
to other nearby parties attempting to receive that channel along an 
unobstructed path. The Commission recognizes that this is indeed a 
potential problem and request views on its scope and how to deal with 
this phenomenon effectively. The Commission invites further comment as 
to how it can ensure the viability of a distributed sensing approach 
for systems deployed on an unlicensed basis. For example, could this 
type of operation be achieved simply by requiring every device in a 
network to have sensing capability and to pass its sensing information 
on to other devices on the network? Another approach would be to use 
sensing in combination with other information, such as geolocation, 
under a set of policy rules that would serve as the gating criteria for 
access to the spectrum. The Commission solicits comments on these and 
any other approaches that would deal effectively with the hidden node 
problem.
    10. Channel Availability Check Time, Move Time and Non-Occupancy 
Period. The operating pattern in the TV spectrum typically does not 
change rapidly because TV stations rarely change their operating 
characteristics, such as hours of operation, antenna height, power, 
etc. Nevertheless, the Commission recognizes that operations in the TV 
spectrum can and do change over time. For example, certain TV 
broadcasting operations may be on most of the day, but not for brief 
periods during late night or early morning hours. New low power TV and 
translator operations could be authorized and come on the air at any 
time. Wireless microphone operations tend to be used for a period of 
hours at a particular location, but can also operate anywhere at any 
time and may not have a signal that is on the air continuously.
    11. In light of these factors, the Commission proposes to require 
that TV band devices that use sensing to determine the availability of 
unused TV band frequencies perform sensing before accessing a channel 
and periodically thereafter to ensure that the channel is still 
available, i.e., unoccupied. The Commission asks commenters to indicate 
whether there is a need to specify the period of time over which 
sensing must occur before a channel may be accessed, and if so, what 
that should be. For example, would 30 seconds be a necessary or 
sufficient period of time for the initial channel availability check 
when a device is placed in operation, i.e., turned-on? The Commission 
also invites comment as to the appropriate period when the channel must 
be rechecked to determine that it continues to be available. Its 
initial proposal is to require devices to recheck the channel at least 
every 10 seconds. The Commission does not propose to require devices to 
remain off the air for any prescribed period of time after a channel is 
first determined to be occupied. It believes the requirement to perform 
sensing before operating should ensure that devices will not cause 
harmful interference to authorized services that are already on the 
air.
    12. Channels Over Which Sensing Is Required. In order to avoid co-
channel interference to authorized services in the TV spectrum, sensing 
is clearly needed in the channel in which the device will operate. The 
Commission requests comment on the need for sensing in adjacent 
channels by fixed and personal/portable devices. It also requests 
comment and information on the threshold levels at which protection 
should be invoked for sensed adjacent channel signals and whether 
protections other than simply requiring an unlicensed device to not 
transmit would be workable and appropriate. For example, if an adjacent 
channel signal were sensed, could interference be avoided by requiring 
the device to reduce power rather than cease operation? The Commission 
further seeks comment on whether any protection requirements are needed 
for services outside of the channels where

[[Page 66900]]

TV band devices would be permitted to operate, and if so, what these 
would be.
    13. Bandwidth Considerations. The Commission seeks comment on 
whether there is a need to specify a sensing bandwidth in addition to a 
detection threshold, or whether it is necessary to specify only the 
characteristics of the signals to be detected, and leave the sensing 
bandwidth to the manufacturer's discretion.
    14. Antenna Considerations. The Commission invites comment about 
whether the Commission should require the use of an omnidirectional 
antenna with a 0 dBi gain for sensing. It also invites comment as to 
what considerations for sensing should be taken into account for 
devices that employ a gain antenna for transmission. For example, a TV 
band device with an omnidirectional sensing antenna may detect that TV 
signals on a channel are below the monitoring threshold and begin 
transmitting, but could conceivably cause interference if it uses a 
higher gain directional transmitting antenna aimed toward a TV 
receiver. What provisions would be necessary to avoid such a situation? 
Further, the Commission invites comment on whether any requirements are 
necessary with respect to the transmit antenna height, such as a 
maximum antenna height requirement or reduced power when a greater 
antenna height is used.
    15. Transmit power control. The Commission proposes to apply the 
same transmit power control requirements to devices operating in the TV 
spectrum that apply to U-NII devices at 5 GHz. It invites comment as to 
whether it should require a greater dynamic range for transmit power 
control, such as the ability to operate 9 or 12 dB below the limits if 
that is sufficient to achieve the desired communications. In addition, 
the Commission invites comment as to whether it should permit 
adjustments to any TV band device operating parameters, such as the 
detection threshold, if a TV band device operates at a power level 
substantially below the limit.
    16. Master/Client Operation. The Commission proposes to allow fixed 
operations in the TV bands under a master/client model that is 
consistent with the model for U-NII devices. That is, each system of TV 
band devices will have one master device and one or more client 
devices. It proposes to define a master device as a device operating in 
a mode in which it has the capability to transmit without receiving an 
enabling signal. In this mode it would be able to select a channel and 
initiate a network by sending enabling signals to other devices. A 
network would always have one device operating in master mode. The 
Commission proposes to define a client device as a device operating in 
a mode in which the transmissions are under control of the master. A 
device in client mode would not be able to initiate a network. A 
network could have one or more client devices. The Commission seeks 
comment on this proposal and whether any other approaches would be more 
appropriate.
    17. Spectrum Sharing. The Commission invites comment as to whether 
it may be necessary or appropriate for the Commission to establish 
minimal technical requirements to facilitate sharing by unlicensed TV 
band devices, or by TV band devices licensed under a non-exclusive 
model if the Commission chose to adopt such an approach. For example, 
such steps might include limitations on the duration of transmissions 
and repeating spectrum sensing at intervals more frequently than 10 
seconds. Parties addressing this matter should make specific proposals. 
In addition, the Commission asks that parties address the implications 
of their proposals for potential applications for TV band devices.
    18. Measurement procedures. The Commission is presenting proposals 
and inviting comment on certain specific testing matters at this time. 
In performing the test for detection threshold, it proposes to subject 
the sensing capabilities of unlicensed devices to an ATSC DTV signal, 
an NTSC signal and a 200 kHz FM signal with peak levels adjusted to the 
threshold level. The Commission seeks comment on whether this approach 
is appropriate or whether some other method should be used. The test 
procedure for 5 GHz U-NII devices calls for performing the detection 
tests a number of times and specifies pass/fail ratios. The Commission 
does not believe such an approach is appropriate here because it should 
be simpler to detect signals from the types of devices operating in the 
TV spectrum than for radars, but it invites comment in this regard. 
Parties suggesting approaches based on multiple tests and pass/fail 
ratios should offer specific proposals.

Geo-Location/Database Approach

    19. The Commission does not maintain a database of all TV and other 
stations in the TV bands that could be accessed in real-time (or near 
real-time) by large numbers of unlicensed devices dispersed throughout 
the country. However, in other cases, the Commission has relied on 
private parties to develop and maintain databases of certain operations 
that others can access, and these databases are funded by the entities 
that use them. For example, the Commission selected the United Telecom 
Council (UTC) to maintain a database of broadband over power (BPL) 
systems, and the American Society for Healthcare Engineering of the 
American Hospital Association (ASHE/AHA) to maintain a database of 
wireless medical telemetry service devices. In these cases, the 
Commission developed basic regulations regarding the scope of the 
databases, solicited proposals from parties interested in developing 
and maintaining the database, and selected the database provider. The 
Commission seeks comment on relying on a similar approach here, 
particularly from parties who would be interested in developing and 
maintaining a database of operations in the TV bands. It also seeks 
further comment on some issues regarding the content of and access to a 
TV band database. For example, what information about stations should 
be in a database, such as geographic coordinates, type and class of 
station, power level, antenna height and other antenna characteristics? 
What information about wireless microphones could be entered in a 
database so that their location can be ascertained because the 
Commission does not license them by geographic coordinates? How would 
an unlicensed device access a database, and how often would a database 
need to be updated?
    20. Finally, the Commission seeks additional comment on some of the 
technical requirements for TV band devices relying on the geo-location/
database approach. For example, what is the appropriate method of geo-
location: GPS, professional installation, or some other method? Could 
devices incorporate Assisted GPS to help receive GPS signals in 
obstructed and indoor locations? If a device is professionally 
installed, who should be permitted to install it? What is the 
appropriate method of determining the required separation from 
authorized users in the TV bands? How will the geo-location/database 
approach protect other authorized services, such as wireless 
microphones, the location of which may not be included in the 
databases? The Commission seeks comment on these and any other issues 
that need to be addressed to make this a viable interference avoidance 
scheme.

Control Signal Approach

    21. The control signal approach is essentially a variation of the 
geo-location/database approach, and some of the same concerns apply to 
both methods, specifically, those about

[[Page 66901]]

maintaining the database and the method used to calculate the required 
separation between unlicensed devices and authorized stations in the TV 
bands. As discussed in regards to a geo-location database, a control 
signal database could be developed and maintained by a private entity 
selected by the Commission, and the database could be funded by parties 
who use it. The Commission seeks comment on whether it should develop 
basic regulations regarding the scope of a database to be used with a 
control signal approach, solicit proposals from parties interested in 
developing and maintaining a database, and select a database provider. 
The Commission particularly seeks comment from parties who would be 
interested in developing and maintaining a database for the control 
signal approach. It also seeks further comment on some issues regarding 
the content of and access to a TV band database. For example, what 
information about vacant TV spectrum should be in a database and who 
should determine the list of vacant TV channels in a broadcaster's 
service area, e.g., the database manager, a designated frequency 
coordinator? Is there any inherent conflict of interest in permitting 
broadcasters to identify and to send information identifying channels 
not licensed to them as vacant and therefore available for use by 
unlicensed devices?
    22. Regarding the technical requirements for unlicensed devices, 
the Commission seeks further comment on the format and content of the 
control signal. How will the control signal approach protect other 
authorized services, such as wireless microphones, the location of 
which may not be included in the databases? Also, can the control 
signal approach be relied upon as an interference avoidance mechanism 
in areas where no broadcast station or other facility sends a control 
signal?

A. Operation on Channels 14-20 and 2-4

    23. The Commission seeks additional comment on whether fixed TV 
band devices should be allowed on channels 14-20 in those areas of the 
country where those channels are not used by public safety. It notes 
that the PLRMS/CMRS is permitted to operate in only 13 metropolitan 
areas in the country, and on only one to three channels in each area. 
Further, PLMRS/CMRS operations are limited to a defined radius around 
geographic coordinates specified in the rules for each metropolitan 
area. Thus, prohibiting operation of all fixed TV band devices (e.g., 
devices used for backhaul) on all channels in the range of 14-20 in all 
parts of the country could preclude operation of fixed low power 
devices in many areas where these channels are not in use by the PLMRS/
CMRS or other authorized services. The Commission seeks comment on 
whether allowing fixed operation of TV band devices on channels 14-20 
would cause harmful interference to public safety. If the Commission 
were to allow such use, how would it be implemented? Would any of the 
proposals have to be modified to protect the PLMRS/CMRS? Should the 
Commission define an ``exclusion zone'' around the specified 
coordinates of each of the 13 metropolitan areas where operation of low 
power devices would be prohibited? If so, what would be the appropriate 
size of the zone and how could it be enforced?
    24. The Commission seeks further comment on whether it should allow 
TV band devices to operate on channels 2-4. In particular, the 
Commission seeks comment on whether TV interface devices would be more 
susceptible to interference from low power TV band devices than other 
TV receivers. The Commission also seeks comment on whether the cabling 
between a TV interface device and a TV receiver typically provides 
adequate shielding from unwanted signals on channels 2-4. The 
Commission also seeks information indicating the extent to which such 
signals may be picked up directly within the TV receiver. In addition, 
it notes a trend toward devices that connect directly to a TV receiver 
without going through the tuner. The Commission seeks comment on how 
much longer consumers are expected to use TV interface devices that 
connect to a TV through the tuner rather than an alternative interface 
connection.

B. Other Issues

    25. Types and Applications of Devices. The Commission seeks 
additional comment on the types and applications of unlicensed devices 
that parties expect to be developed to operate in the TV bands. In 
particular, it seeks comment on the relationship between the technical 
requirements it is now proposing and the potential types of TV band 
devices that could be needed and developed. For example, how would a 
specific interference avoidance mechanism affect the types of potential 
applications? The Commission also invites comment as to whether the 
applications would be different if the Commission were to provide for 
TV band devices on a licensed basis instead of an unlicensed basis.
    26. Out of Band Emission Limits. The Commission proposes to require 
that emissions outside a TV band device's operating channel comply with 
the Sec.  15.209 limits, but seek comment on whether different emission 
limits would be more appropriate. Parties that believe limits other 
than those in Sec.  15.209 are necessary to protect incumbent TV band 
operations against harmful interference may perform tests and submit 
the results into the record in this proceeding.
    27. The Commission also seeks comment on how out-of-band limits 
should be specified. Radiated emission limits at TV band frequencies 
are based on measuring equipment employing CISPR quasi-peak detector 
function and related measurement bandwidths. The Commission seeks 
comment on whether there is a better measure available for quantifying 
effects of interference on incumbent services in the TV bands, e.g., 
ATSC digital television signals. For example, should measurement 
bandwidth be larger than the 120 kHz used by CISPR quasi-peak detectors 
in this frequency range in order to more closely match DTV receiver 
bandwidths? Should interference effects be quantified by measurements 
of average power, peak power, or some other function within the 
recommended measurement bandwidth? The Commission also seeks input on 
the appropriate emission levels using the proposed measurements. Should 
the levels be set to be equivalent in some sense to the 15.209 limits 
or should they be set at a different level?
    28. Direct Pickup Interference and Receiver Desensitization. The 
Commission believes that fixed TV band devices will typically not be 
operated as close to TV receivers as some parties assume and should not 
generally cause direct pickup interference problems. Although personal/
portable TV band devices could be located in close proximity to TV 
receivers, such devices are typically under control of the same party 
who can increase the separation distance between them or cease 
operating a device to eliminate any interference that occurs. The 
Commission invites parties to submit test results to evaluate the 
interference potential of low power devices to TV receivers. If any 
parties discover actual direct pickup interference or other adverse 
effects on TV receivers or other radio equipment in or adjacent to the 
TV bands during testing, they can submit results to the Commission that 
it will consider in the rule making process.
    29. Certification by TCBs. Because TV band devices would contain 
new technologies and the Commission proposes new rules to accommodate

[[Page 66902]]

them, it expects that many questions about the application of the rules 
would arise. The Commission proposes that Telecommunication 
Certification Bodies not be permitted to certify TV band devices until 
the Commission has experience with them and can properly advise the 
TCBs on how to apply the applicable rules. The Commission's Laboratory 
maintains a list of types of devices that TCBs are excluded from 
certifying, and it proposes to place TV band transmitters on this list 
until such time as it determines that TCBs are capable of certifying 
them. The Commission seeks comment on this proposal.
    30. Unlicensed Use in Border Areas near Canada and Mexico. The 
Commission asks whether the agreements with Canada and Mexico would 
need to be modified before it allows unlicensed TV band devices to 
operate in the border areas. To the extent they would need to be 
modified, the Commission seeks further comment on the methods that 
could be used to ensure that unlicensed TV band devices do not operate 
in the border areas until such time as the appropriate agreements are 
concluded. The Commission also seeks comment on whether the answers to 
these questions would be different under a licensed approach, and if 
so, how. Would these matters be more easily addressed under a licensed 
approach rather than an unlicensed approach?

Initial Regulatory Flexibility Analysis

    31. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities small 
entities by the policies and rules proposed in this Notice of Proposed 
Rule Making (NPRM). Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Notice provided in paragraph 69 of 
the Further NPRM. The Commission will send a copy of the Report and 
Order and Further Notice of Proposed Rulemaking, including this IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\1\
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    \1\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    32. This Further NPRM proposes to allow low power transmitters to 
operate in the TV broadcast bands at locations where spectrum is not 
being used by authorized services without causing harmful interference 
to these services. The Further NPRM seeks comment on whether these TV 
band devices should be authorized on a licensed, unlicensed or hybrid 
basis.\2\ It would propose to require TV band devices to incorporate 
``smart radio'' features to detect vacant TV channels and prevent 
harmful interference from TV band devices to authorized services 
operating in the TV bands. These features would include the abilities 
to (1) Monitor spectrum prior to transmitting to ensure that it is not 
in use by authorized services, (2) switch frequencies or cease 
transmitting if an authorized service begins using a previously unused 
frequency, (3) adjust transmit power to the minimum needed to establish 
a link, (4) determine geographic location and access a database to 
determine which channels are in use, and/or (5) receive a control 
signal and select the operating frequency based on data in the control 
signal.
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    \2\ Licensed operation requires the operator to obtain an 
authorization issued by the Commission to use a particular frequency 
band. Unlicensed operation may be done without a prior authorization 
from the Commission. Hybrid operation would be some mix of these two 
approaches but is not specifically defined in the Further NPRM.
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    33. These proposals, if adopted, will prove beneficial to 
manufacturers and users of low power transmitters 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. The additional 
frequency bands where operation is proposed can provide an alternative 
last mile solution to cable or DSL services for delivering high speed 
Internet services, other data applications, or even video and voice 
services. This could particularly benefit underserved, rural, or 
isolated communities where cable and DSL services are not available. 
Also, because transmissions in the TV band have less signal attenuation 
through foliage and walls than frequencies above 900 MHz (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 and improve service to existing 
customers.

B. Legal Basis

    34. The proposed action is authorized under Sections 4(i), 301, 
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 
303(r), 304 and 307.

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

    35. 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 proposed rules, if adopted.\3\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.\4\ In addition, the ``small business'' has 
the same meaning as the term ``small business concern'' under the Small 
Business Act.\5\ A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operations; and (3) satisfies any additional criteria established by 
the Small Business Administration (SBA).\6\
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    \3\ See 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 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.''
    \6\ 15 U.S.C. 632.

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[[Page 66903]]

    36. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturers. The Commission has not developed a definition 
of small entities applicable to unlicensed communications devices 
manufacturers. Therefore, we will utilize the SBA definition 
application to manufacturers of Radio and Television Broadcasting and 
Communications Equipment. Under the SBA's regulations, a Radio and 
Television Broadcasting and Wireless Communications Equipment 
Manufacturer must have 750 or fewer employees in order to qualify as a 
small business concern.\7\ Census Bureau data indicate that there are 
1,215 U.S. establishments that manufacture radio and television 
broadcasting and wireless communications equipment, and that 1,150 of 
these establishments have fewer than 500 employees and would be 
classified as small entities.\8\ The remaining 65 establishments have 
500 or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and, therefore, also qualify as 
small entities under the SBA definition. We therefore conclude that 
there are at least 1,150 small manufacturers of radio and television 
broadcasting and wireless communications equipment, and possibly there 
are more that operate with more than 500 but fewer than 750 employees.
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    \7\ 13 CFR 121.201, NAICS code 334220.
    \8\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, Table 4 at 9 (1999). The 
amount of 500 employees was used to estimate the number of small 
business firms because the relevant Census categories stopped at 499 
employees and began at 500 employees. No category for 750 employees 
existed. Thus, the number is as accurate as it is possible to 
calculate with the available information.
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    37. Cellular and Other Wireless Telecommunications. The SBA has 
developed a small business size standard for Cellular and Other 
Wireless Telecommunications, which consists of all such firms having 
1,500 or fewer employees.'' \9\ According to Census Bureau data for 
1997, in this category there were 977 firms that operated for the 
entire year.\10\ Of this total, 965 firms had employment of 999 or 
fewer employees, and an additional twelve firms had employment of 1,000 
employees or more.\11\ Thus, under this size standard, the majority of 
firms can be considered small.
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    \9\ 13 CFR 121.201, NAICS code 517211.
    \10\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
``Information,'' Table 5, Employment Size of Firms Subject to 
Federal Income Tax: 1997, NAICS code 513322 (issued October 2000).
    \11\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
``Information,'' Table 5, Employment Size of Firms Subject to 
Federal Income Tax: 1997, NAICS code 513322 (issued October 2000). 
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 ``Firms with 1000 employees or more.''
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    38. Most licensed and unlicensed transmitters are required to be 
authorized under the Commission's certification procedure as a 
prerequisite to marketing and importation, and the proposed new types 
of TV band devices would be subject to the same certification 
requirement. There are no proposed new recordkeeping or reporting 
requirements in the Further Notice. There are a number of proposed 
compliance requirements for TV band devices.
    39. Transmitters capable of operating in the TV bands would have to 
incorporate the following features to ensure that they operate on only 
vacant TV channels. Specifically, a transmitter would have to 
incorporate a dynamic frequency selection (DFS) mechanism to monitor a 
TV channel before transmitting. If no signals on a channel were 
detected above a specified level within a specified period of time, the 
device would be allowed to transmit on that channel. Otherwise, the 
device would have to monitor other TV channels to find one that is 
vacant, or if no vacant TV channels were available, the device would 
not be allowed to transmit. A TV band device would have to periodically 
monitor the TV channel on which it transmits during operation, and if 
any new signals appear, the device would have to switch to another 
channel within a specified period of time or cease transmitting if no 
vacant channels are available. A TV band device would also have to 
incorporate a transmit power control mechanism to lower the output 
power by 6 dB (4 times lower) than the maximum permitted power of one 
watt if that level is sufficient to accomplish the desired 
communications.

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

    40. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed 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 small entities.'' 
\12\
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    41. If the rules proposed in this notice are adopted, we believe 
they might 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, such as incorporating 
a DFS mechanism to detect vacant TV channels where the equipment can 
operate. However, the burdens for complying with the proposed 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 proposals in this NPRM 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.
    42. The Further NPRM seeks comment on alternatives to the proposed 
DFS mechanism for detecting vacant TV channels. Specifically, it seeks 
additional comment on how to implement the geo-location/database and 
control signal approaches for identifying vacant TV channels that was 
proposed in the original NPRM in this proceeding. The geo-location/
database method would require that a TV band device incorporate a 
Global Positioning System (GPS) receiver or be professionally installed 
to determine its location, and that the device would have to access a 
database to identify vacant channels at its location. The control 
signal approach would require that a TV band device operate only when 
it receives a control signal from a source such as an FM or TV station 
that identifies the vacant TV channels that

[[Page 66904]]

could be used by the device in that particular area. We cannot find 
electrical engineering alternatives, such as exemptions from the 
requirements to include certain interference avoidance mechanisms into 
TV band devices that would achieve our goals while treating small 
entities differently. Nonetheless, we solicit comment on any 
alternatives commenters may wish to suggest for the purpose of 
facilitating the Commission's intention to minimize the compliance 
burden on smaller entities. As described, the compliance burdens would 
include incorporating certain features into TV band devices to prevent 
interference to authorized services, such as DFS, transmit power 
control, geo-location/database access and/or the ability to receive and 
respond to a control signal.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    None.
    43. 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 Rulemaking is hereby adopted.
    44. 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 Rulemaking, including the 
Initial Regulatory Flexibility Analysis and Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 15 to read as 
follows:

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation of part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.

    2. Section 15.209 is amended by revising the footnote to the table 
in paragraph (a) to read as follows:


Sec.  15.209  Radiated emission limits, general requirements.

    (a) * * *
* * * * *
    * * * Except as provided in paragraph (g) of this section, 
fundamental emissions from intentional radiators operating under this 
section shall not be located in the frequency bands 54-72 MHz, 76-88 
MHz, 174-216 MHz or 470-806 MHz. However, operation within these 
frequency bands is permitted under subpart H and under other sections 
of this part, e.g., Sec. Sec.  15.231, 15.241 and 15.242.
* * * * *
    3. Subpart H is added to part 15 to read as follows:

Subpart H--Unlicensed TV Band Devices

Sec.
15.701 Scope.
15.703 Definitions.
15.705 Cross reference.
15.707 General technical requirements.


Sec.  15.701  Scope.

    This subpart sets out the regulations for unlicensed TV band 
devices operating in the 76-88 MHz, 174-216 MHz, 512-608 MHz and 614-
698 MHz bands.


Sec.  15.703  Definitions.

    (a) Available Channel. A radio channel on which a Channel 
Availability Check has not identified the presence of a signal.
    (b) Channel Availability Check. A check during which the TV band 
device listens on a particular radio channel to identify whether there 
is a station operating on that radio channel.
    (c) Channel Move Time. The time needed by a TV band device to cease 
all transmissions on the current channel upon detection of a station 
above the DFS detection threshold.
    (d) Dynamic Frequency Selection (DFS). A mechanism that dynamically 
detects signals from other systems and avoids co-channel operation with 
these systems.
    (e) DFS Detection Threshold. The required detection level defined 
by detecting a received signal strength that is greater than a 
threshold specified, within the TV band device channel bandwidth.
    (f) In-Service Monitoring. A mechanism to check a channel in use by 
the TV band device for the presence of a station.
    (g) Operating Channel. Once a TV band device starts to operate on 
an Available Channel then that channel becomes the Operating Channel.
    (h) Maximum Conducted Output Power. The total transmit power 
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.
    (i) TV band devices. Intentional radiators operating in the 
frequency bands 76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.


Sec.  15.705  Cross reference.

    (a) The provisions of subparts A, B, and C of this part apply to 
unlicensed TV band devices, except where specific provisions are 
contained in subpart H. Manufacturers should note that this includes 
the provisions of Sec. Sec.  15.203 and 15.205.
    (b) The requirements of subpart H apply only to the radio 
transmitter contained in the TV band device. Other aspects of the 
operation of a TV band device may be subject to requirements contained 
elsewhere in this chapter. In particular, a TV band device that 
includes digital circuitry not directly associated with the radio 
transmitter also is subject to the requirements for unintentional 
radiators in subpart B of this part.


Sec.  15.707  General technical requirements.

    (a) The maximum conducted output power is 1 watt. If a transmitting 
antenna of directional gain greater than 6 dBi is used, the peak output 
power shall be reduced by the amount in dB that the maximum directional 
gain of the antenna exceeds 6 dBi.
    (b) Unwanted emissions shall comply with the following:
    (1) Unwanted emissions outside the channel of operation must comply 
with the general field strength limits set forth in Sec.  15.209.
    (2) The provisions of Sec.  15.205 apply to intentional radiators 
operating under this section.
    (3) Any devices using an AC power line are required to comply with 
the conducted limits set forth in Sec.  15.207.
    (c) The device shall automatically discontinue transmission in case 
of either absence of information to transmit or operational failure. 
These provisions are not intended to preclude the transmission of 
control or signaling

[[Page 66905]]

information or the use of repetitive codes used by certain digital 
technologies to complete frame or burst intervals. Applicants shall 
include in their application for equipment authorization a description 
of how this requirement is met.
    (d) TV band devices are subject to the radio frequency radiation 
exposure requirements specified in Sec. Sec.  1.1307(b), 2.1091 and 
2.1093 of this chapter, as appropriate. All equipment shall be 
considered to operate in a ``general population/uncontrolled'' 
environment. Applications for equipment authorization of devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.
    (e) Manufacturers of TV band devices are responsible for ensuring 
frequency stability such that an emission is maintained within the band 
of operation under all conditions of normal operation as specified in 
the user's manual.
    (f) Dynamic Frequency Selection (DFS). TV band devices shall employ 
a DFS detection mechanism to detect the presence of authorized stations 
in the TV bands and to avoid co-channel operation with them. The 
detection threshold is referenced to a 0 dBi gain antenna. The minimum 
DFS detection threshold for TV band devices is -116 dBm.
    (1) Channel Availability Check Time. A TV band device shall check 
if there is a station already operating on the channel before it may 
initiate a transmission on a channel and when it has to move to a new 
channel. The TV band device may start using the channel if no station 
with a power level greater than the detection threshold value listed in 
paragraph (f) of this section is detected within 30 seconds.
    (2) In-Service Monitoring. A TV band device shall perform in-
service monitoring at intervals no greater than 10 seconds.
    (3) Channel Move Time. After a station's presence is detected, all 
transmissions shall cease on the operating channel within 10 seconds. 
Transmissions during this period shall consist of normal traffic for a 
maximum of 200 ms after detection of the station's signal. In addition, 
intermittent management and control signals can be sent during the 
remaining time to facilitate vacating the operating channel.
    (g) Transmit power control (TPC). TV band devices shall employ a 
TPC mechanism. The TV band device is required to have the capability to 
operate at least 6 dB below the maximum conducted output power limit of 
1 watt. A TPC mechanism is not required for devices with a maximum 
conducted output power of less than 500 mW.

 [FR Doc. E6-18910 Filed 11-16-06; 8:45 am]
BILLING CODE 6712-01-P