[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6789-6792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2767]


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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 04-186 and 02-380; DA 11-131]


Unlicensed Operation in the TV Broadcast Bands

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Office of Engineering and Technology 
conditionally designate nine entities--Comsearch, Frequency Finder 
Inc., Google Inc., KB Enterprises LLC and LS Telcom, Key Bridge Global 
LLC, Neustar Inc., Spectrum Bridge Inc., Telcordia Technologies, and 
WSdb LLC--as TV bands device database administrators. The TV bands 
databases will be used by fixed and personal portable unlicensed 
devices to identify unused channels that are available at their 
geographic locations. This action will allow the designated 
administrators to develop the databases that are necessary to enable 
the introduction of this new class of broadband wireless devices in the 
TV spectrum.

DATES: Amended proposals must be filed on or before February 28, 2011; 
and an Initial Workshop to be held March 10, 2011 at the Columbia 
Laboratory.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl at (202) 418-7056 or 
Alan Stillwell at (202) 418-2925 or via the Internet at 
[email protected] or [email protected], TTY (202) 418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 04-186, 
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 of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 04-186 and 02-380, DA 11-131, adopted January 26, 2011 
and released January 26, 2011. 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 Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419.

Filing Instructions

    The TV bands database is the subject of a docketed proceeding, ET 
Docket No. 04-186, and responses to this Order may be filed using the 
FCC's Electronic Comment Filing System (ECFS) as described below. A 
simplified interface for ECFS has been implemented to facilitate 
consumer comment. Documents filed on ECFS may be accessed and reviewed 
on that system, which contain copies of written submissions and 
summaries of oral submissions regarding the white spaces proceeding.
    Parties must file responses with the Commission on or before the 
date indicated on the first page of this document. All such filings 
should refer to ET Docket No. 04-186. Proposals 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://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
     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. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
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. Parties should also send a copy of their filings 
to Hugh L. VanTuyl, Office of Engineering and Technology, Federal 
Communications Commission, Room 7-A162, 445 12th Street, SW., 
Washington, DC 20554, or by e-mail to [email protected]. Parties 
must also serve one copy with the Commission's copy contractor, Best 
Copy and Printing, Inc. (BCPI), Portals II, 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or vial e-mail to 
[email protected].
     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 must be addressed to 445 12th Street, SW., Washington, DC 20554.

Summary of Order

    1. In this Order the Office of Engineering and Technology (OET) 
conditionally designates nine entities--Comsearch, Frequency Finder 
Inc., Google Inc., KB Enterprises LLC and LS Telcom, Key Bridge Global 
LLC, Neustar Inc., Spectrum Bridge Inc., Telcordia Technologies, and 
WSdb LLC--as TV bands device database administrators, subject to 
conditions described herein. The TV bands databases will be used by 
fixed and personal portable unlicensed devices to identify unused 
channels that are available at their geographic locations. This action 
will allow the designated administrators to develop the databases that 
are necessary to enable the introduction of this new class of broadband 
wireless devices in the TV spectrum.

[[Page 6790]]

    2. On September 23, 2010, the Commission adopted a Second 
Memorandum Opinion and Order (Second MO&O) in ET Docket No. 04-186, 75 
FR 75814, December 6, 2010, that updated the rules for unlicensed 
wireless devices that can operate in broadcast television spectrum at 
locations where that spectrum is unused by licensed services. This 
unused TV spectrum is commonly referred to as television ``white 
spaces.'' The rules allow for the use of unlicensed TV bands devices in 
the unused spectrum to provide broadband data and other services for 
consumers and businesses.
    3. To prevent interference to authorized users of the TV bands, TV 
bands devices must include a geo-location capability and the capability 
to access a database that identifies incumbent users entitled to 
interference protection, including, for example, full power and low 
power TV stations, broadcast auxiliary point-to-point facilities, 
PLMRS/CMRS operations on channels 14-20, and the Offshore 
Radiotelephone Service. The database will tell a TV band device which 
TV channels are vacant and can be used at its location. The database 
also will be used to register the locations of fixed TV band devices 
and protected locations and channels of incumbent services that are not 
recorded in Commission databases. The rules state that the Commission 
will designate one or more entities to administer a TV bands database.
    4. OET released a public notice on November 25, 2009 inviting 
entities interested in being designated as a TV bands database 
administrator to file proposals with the Commission and inviting 
comments on the proposals. The notice requested that entities address 
how the basic components of a TV band database(s) as required by the 
Commission's rules would be satisfied--i.e., a data repository, a data 
registration process, and a query process--and whether the entity 
sought to provide all or only some of these functions and affirm that 
the database service will comply with all of the applicable rules. In 
particular, interested parties were requested to show: (1) The entity's 
technical expertise to administer a TV band database and its business 
plan to operate it for a five-year term, (2) the scope of the database 
functions the entity intends to perform and how it would synchronize 
data between multiple databases, (3) diagrams of the architecture of 
the database system and a detailed description of how each function 
operates and interacts with the other functions, (4) information on any 
other entities performing database functions and the business 
relationship between itself and these other entities, and (5) the 
methods that will be used by TV bands devices to communicate with the 
database, the procedures that it plans to use to verify that a device 
can properly communicate with the database, and the security methods 
that will be used to ensure that unauthorized parties can not access or 
alter the database.
    5. OET received proposals from nine parties in response to this 
notice: Comsearch, Frequency Finder Inc., Google Inc., KB Enterprises 
LLC and LS Telcom, Key Bridge Global LLC, Neustar Inc., Spectrum Bridge 
Inc., Telcordia Technologies, and WSdb LLC. Fifteen parties filed 
comments in response to the notice and eight parties filed reply 
comments. A list of parties filing comments is in Appendix A.
    6. Subsequent to the notice inviting proposals from prospective 
database administrators, the Commission adopted the Second MO&O, which 
generally upheld the Commission's prior decisions on the TV bands 
device rules. The Second MO&O upheld the Commission's decision to 
designate multiple database administrators, deciding that it would rely 
on market forces to shape the structure of the database administration 
functions and service offerings, subject to the various requirements 
set forth in the rules. The Commission also decided that, once OET 
selects the database administrator(s), it will be responsible for 
oversight and management of the database administrators(s) and their 
functions. The Second MO&O also made certain changes to the rules with 
respect the TV bands database. Specifically, it required that 
communications between TV bands devices, TV bands databases and between 
multiple databases be secure. The Commission did not require the use of 
specific technologies to meet these requirements. In addition, the 
Commission required that all information that the rules require to be 
in a TV bands database be made publicly available.

Discussion

    7. Based upon our review of the proposals and the record before us, 
OET has designated multiple TV bands database administrators, subject 
to conditions described. Specifically, OET is conditionally designating 
each of the applicants--Comsearch, Frequency Finder Inc., Google Inc., 
KB Enterprises LLC and LS Telcom, Key Bridge Global LLC, Neustar Inc., 
Spectrum Bridge Inc., Telcordia Technologies, and WSdb LLC--as TV bands 
database administrators. While the operation of multiple database 
administrators may present some coordination challenges, OET finds it 
is in the public interest to have multiple parties developing business 
models for this new mechanism. The value of this exercise extends 
beyond databases for the TV bands, as the Commission is also 
considering employing similar database approaches in other spectrum 
bands.
    8. The Commission employs conditions on our database administrator 
designations for several reasons. First, the Commission modified some 
of the requirements for the databases and administrators in the Second 
MO&O, some time after the database administrator proposals were 
submitted. Accordingly, OET is designating nine entities as database 
administrators only on a conditional basis, subject to the requirement, 
inter alia, that each administrator supplement its previous filings 
with sufficient detailed information to demonstrate how it will comply 
with the rule changes adopted in the Second MO&O. Moreover, while OET 
concludes that each of the applicants has an acceptable degree of 
technical expertise to administer a database, as well as a viable 
business plan for operating it for at least five years, it recognizes 
that this threshold is but the minimum for providing the required 
services. Employing a more exacting set of qualification requirements, 
however, would greatly expand the timeframe for selection and reduce 
opportunities for participation and the potential competition for the 
subject services. To balance these interests, OET therefore requires 
each database administrator to coordinate closely with the agency to 
ensure competency, consistency and compliance with the rules and the 
database trials.
    9. Second, the Commission has determined that the development and 
implementation of a well functioning system for employing white spaces 
devices will require significant database oversight and testing. 
Accordingly, OET will conduct a series of mandatory workshops with the 
database administrators to address implementation issues and to ensure 
consistency and compliance with the rules, as described in more detail 
below. As part of this oversight, OET will identify the tasks that each 
administrator will have to perform to show compliance with the rules, 
instruct the administrators on how to implement certain features to 
ensure compliance, and establish milestone dates for each administrator 
to submit reports of its progress or otherwise demonstrate compliance. 
OET also will

[[Page 6791]]

require real-world testing of databases to ensure that they provide 
accurate results before they can be made generally available for use by 
TV bands devices.
    10. In the Public Notice, OET asked database administrator 
proponents to provide information adequate to show that they possess 
sufficient technical expertise to administer a database, and a viable 
business plan for operating such a database for five years. Based on 
the information filed by the conditionally designated administrators, 
it found that each of them has shown that they have the technical 
expertise to develop and operate a TV bands database. Moreover, as 
explained further, none of the concerns raised by any of the commenters 
in the record before us cause us to question our conclusion that these 
applicants are capable of meeting all the requirements placed on 
database administrators by the Commission's rules in the Second Report 
and Order and as modified in the Second MO&O. Many of the issues raised 
by commenters were not related to the qualifications of any database 
administrator applicant. Instead, those commenters raised issues 
concerning the requirements that should be applied to the databases and 
administrators. Those issues were addressed in the Second MO&O, and 
therefore need not be revisited here.
    11. Several commenters contend that certain proposals are 
incomplete or deficient. OET disagrees. Our review of the database 
applications before us reveals that each application includes all the 
information specified in the 2009 public notice, and that each 
applicant is capable of fulfilling all database administrator 
obligations. OET recognizes that in some cases the information provided 
was not particularly detailed, but all applicants addressed all of the 
questions in the public notice. Further, as noted, the database 
administrators are designated subject to a number of conditions, 
including that they attend workshops to be conducted by OET and perform 
real-world testing of their databases to ensure they provide accurate 
results before they are made available for use by TV bands devices. 
Thus, our designations are not based solely on the comprehensiveness of 
the information submitted in the proposals, but also on the ability of 
the designated administrators to demonstrate that they can construct a 
working database that complies with all of the requirements in the 
rules. We therefore decline to reject any of the database administrator 
applications before us on the basis of alleged deficiencies in the 
submitted documentation.
    12. Key Bridge asserts that Neustar and Google are not neutral or 
disinterested parties and therefore should not be authorized to 
administer TV bands databases. It argues that Neustar's business 
arrangements with Shared Spectrum Corporation, a developer of spectrum 
sensing and other cognitive radio technologies, demonstrate that it is 
not a neutral party. It further contends that Google is a prospective 
manufacturer of TV band devices, and as a database administrator it 
would be able to collect information such as the make, model, serial 
number, location and ownership of competitors' equipment. We are not 
persuaded by Key Bridge's assertions. It is unclear why Neustar's 
business arrangements with Shared Spectrum Corporation should be a 
concern, and in any case we note that the Second MO&O eliminated the 
requirement for TV bands devices with database access to incorporate 
spectrum sensing technology. As for Google, while it is true that the 
company would be collecting certain information about competitors' 
products, the same basic concern applies to all other database 
administrators as they could make that same information available to 
manufacturers of TV bands devices. To address this industry-wide 
concern, we prohibit all database administrators from using the 
information collected to engage in anti-competitive practices, either 
by using the information themselves or providing it to third parties. 
We will oversee the continued database developmental work to ensure 
that all database administrators comply with requirements in the rules 
to make service available to all TV bands device users on a non-
discriminatory basis.
    13. The Coalition of Wireless Microphone Users identifies four 
proposals where it has a specific issue of concern. Specifically, it is 
concerned that: (1) Comsearch would make decisions on which entities 
are eligible to register wireless microphones in the database, (2) 
Google would not register all types of protected entities specified in 
the rules, (3) Neustar would require at least a 48-hour lead time for 
registering wireless microphones, and (4) Telcordia would provide 
poorer service for TV band device users that do not pay an additional 
fee, resulting in a higher potential for interference to authorized 
users of the TV bands. These are implementation concerns that can be 
addressed by OET in its oversight and management of the database 
administrators.
    14. Finally, some parties question that one or more of the database 
administrator applicants may not comply with all of the Commission's 
rules. Those assertions are speculative, and so do not provide a basis 
for concluding that any applicant is incapable of administering a white 
spaces database. Furthermore, OET will oversee all the database 
administrators, and we specifically condition each administrator's 
designation on meeting all its obligations described in the Order. 
Thus, failure of an administrator to meet any one of these obligations 
will constitute grounds for suspending or terminating that 
administrator's database authority. Similarly, failure of a database 
administrator to meet any of the requirements set forth in the 
Commission's rules will subject the administrator to all appropriate 
enforcement action, including the possibility of sanctions and 
termination of the administrator designation.
    15. We intend to exercise strong oversight of the TV bands 
databases and administrators. All database administrators must attend 
workshops at which OET will instruct them on how to comply with the 
database rules, identify tasks that must be completed by each 
administrator, and establish milestone dates for reporting progress on 
or completion of the identified tasks. Each database administrator will 
designate a responsible party from its organization who will attend the 
workshops and ensure that the organization complies with all of the 
conditions listed in the Order. The workshops will be conducted by 
OET's Laboratory Division. OET will address all implementation details 
after collecting information from the database administrators in these 
workshops, and also will provide guidance on the requirements to the 
database administrators on an as needed basis. The database 
administrators may decide on their own to meet separately to discuss 
the various tasks and may include other interested parties in their 
meetings; however, OET will make final decisions on issues affecting 
the databases and their operation and all decisions will be publicly 
available. OET will establish a Web page to post information about and 
may seek comment on the guidance that it will provide to the 
administrators. Each database administrator must cooperate with any 
steps OET deems necessary to ensure that the TV bands databases provide 
accurate and consistent lists of protected services and available 
channels. Further, they must support capabilities that OET deems 
necessary to ensure that any changes in registration of protected 
facilities in one

[[Page 6792]]

database are rapidly reflected in all others.
    16. The workshops will be a valuable tool for ensuring that each 
administrator understands the rules and effectively implements them. 
For example, while the rules do not specify the particular security 
methods that must be used, the Commission recognizes that security is 
critically important. Each database manager will be required to 
demonstrate that it is using robust security features and has 
established methods to remedy any security threats or breaches. Final 
approval of the security methods will be made by OET, working in 
consultation with the FCC Chief Technologist and Chief of the Public 
Safety and Homeland Security Bureau. OET may draw on other expertise as 
may be necessary to fully evaluate proposed security methods.
    17. Finally, each database will be subject to a trial period of not 
less than 45 days before it is allowed to be made available for actual 
use by TV bands devices to allow interested parties an opportunity to 
check that the database is providing accurate results. A longer trial 
period may be required if the Commission determines that a database is 
not in compliance with the Commission's rules. OET will determine the 
details of each trial, balancing the need to ensure that the database 
is working properly with the need to avoid an unnecessarily cumbersome 
and burdensome process.
    18. Database administrators that successfully satisfy all of the 
conditions herein will be allowed to make their databases available for 
actual use for the five-year term specified in our rules. OET will 
announce the public availability of each database, at which time the 
five-year term for that database will commence.
    19. In summary, we have considered the database administrator 
proposals and all the comments and replies filed in response to the 
2009 Public Notice. We conclude that all of the database administrator 
applicants before us are capable of meeting the Commission's regulatory 
requirements for serving as database administrators, as set forth in 
the Commission's rules (including the rule revisions adopted in the 
Second MO&O). Accordingly, we are designating Comsearch, Frequency 
Finder Inc., Google Inc., KB Enterprises LLC and LS Telcom, Key Bridge 
Global LLC, Neustar Inc., Spectrum Bridge Inc., Telcordia Technologies, 
and WSdb LLC as TV bands database administrators subject to the 
conditions described.
    1. Each of the designated database administrators must supplement 
its previous filings with sufficient detailed information to indicate 
how it will comply with the rule changes adopted in the Second MO&O. 
Amendments to proposals must be received by February 28, 2011. Any of 
the database administrators that filed separate proposals and now wish 
to consolidate their operations must submit an updated proposal by this 
same date. Any database administrators that wish to withdraw their 
proposals must notify the Commission by this same date.
    2. All database administrators must attend workshops to be 
conducted by OET to address the operation of the databases to ensure 
consistency and compliance with the rules and the database trials, as 
described herein. Each administrator shall designate a responsible 
party who will represent its organization at the workshops and also 
ensure compliance with all of the conditions herein by February 28, 
2011. The first workshop is scheduled for March 10, 2011 at the 
Commission's Laboratory in Columbia, Maryland.
    3. Each database administrator must cooperate with any steps OET 
deems necessary to ensure compliance with the rules, including for 
example security features.
    4. Database administrators must agree that they will not use their 
capacity as a database manager to engage in any discriminatory or anti-
competitive practices or any practices that may compromise the privacy 
of users.

Ordering Clause

    20. Pursuant to the authority contained in sections 4(i), 302, 
303(e), 303(f), and 307 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i), 302, 303(c), 303(f), and 307, and Sec. Sec.  0.31 and 
0.241 of the Commission's rules, 47 CFR 0.31, 0.241, Comsearch, 
Frequency Finder Inc., Google Inc., KB Enterprises LLC and LS Telcom, 
Key Bridge Global LLC, Neustar Inc., Spectrum Bridge Inc., Telcordia 
Technologies and WSdb LLC are conditionally designated as TV bands 
database administrators as set forth in Sec.  15.715 of the 
Commission's rules, 47 CFR 15.715, subject to the conditions specified.

Julius P. Knapp,
Chief, Office of Engineering and Technology, Federal Communications 
Commission.
[FR Doc. 2011-2767 Filed 2-7-11; 8:45 am]
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