[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51978-51979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21258]


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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 04-186 and 02-380; DA 11-1291]


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 designates Microsoft Corporation as TV bands device 
database administrators. The TV bands databases will be used by fixed 
and personal portable unlicensed devices to identify unused channels in 
the spectrum used principally by the broadcast television service that 
are available at their geographic locations. Microsoft is the tenth 
entity designated to develop a database that will enable the 
introduction of this new class of unlicensed broadband wireless devices 
in the TV spectrum.

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.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 04-186 and 02-380, DA 11-1291, adopted July 28, 2011 and 
released July 29, 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.

Summary of Order

    1. In this Order, the Office of Engineering and Technology 
designates Microsoft Corporation as a TV bands database administrator 
pursuant to Sec.  15.715 of its rules, subject to conditions described. 
The TV bands databases will be used by fixed and personal portable 
unlicensed devices to identify unused channels in the spectrum used 
principally by the broadcast television service that are available at 
their geographic locations. Microsoft is the tenth entity designated to 
develop a database that will enable the introduction of this new class 
of unlicensed broadband wireless devices in the TV spectrum.
    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 calculate and communicate to 
a TV bands device which TV channels are vacant and can be used at the 
device's location. The database will also register the locations of 
fixed TV bands devices and protected locations and channels of certain 
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. The Office of Engineering and Technology (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 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. Entities were also required to affirm that the 
database service would comply with all of the applicable rules. Nine 
parties filed proposals in response to this public notice.
    5. On January 26, 2011, OET issued an Order designating all nine 
parties that filed proposals as TV bands database administrators, 
subject to certain conditions. Specifically, the administrators were 
required to: (1) Supplement their initial filings to show how they will 
comply with the rule changes adopted in the Second MO&O (2) attend 
workshops conducted by OET to address the operation of the databases to 
ensure consistency and compliance with the rules; (3) cooperate with 
any steps OET deems necessary to ensure compliance with the rules; and 
(4) 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. In addition, each 
administrator's 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. OET conducted three 
workshops after the release of the January 26, 2011 order.
    6. On April 18, 2011, Microsoft Corporation filed a proposal with 
OET seeking designation as a TV bands database administrator. 
Microsoft's proposal addressed the questions in the November 25, 2009, 
public notice that invited proposals from parties seeking to be 
designated as database administrators. In addition, Microsoft provided 
information to show that it will comply with the rule changes adopted 
in the Second MO&O and stated that it will comply with the other three 
conditions in the January 26, 2011, order that conditionally designated 
the nine database administrators. Microsoft representatives attended 
all three of OET's database administrator workshops. On April 29, 2011, 
OET issued a public notice seeking comment on Microsoft's proposal. Two 
parties filed comments, and Microsoft filed reply comments.

Discussion

    7. Based upon our review of its proposal and the record before us, 
OET is designating Microsoft Corporation as a TV bands database 
administrator, subject to the conditions described. OET finds that 
Microsoft has shown that it has the technical expertise to develop and 
operate a TV bands database. Moreover, none of the concerns raised

[[Page 51979]]

by any of the commenters in the record before us causes us to conclude 
that Microsoft is not 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 or that it should 
otherwise not be designated as a database administrator.
    8. OET is not persuaded that the factors cited by the Engineers for 
the Integrity of Broadcast Auxiliary Services Spectrum (EIBASS) 
demonstrate that Microsoft is not qualified to administer a TV bands 
database. With regard to the issue of the timeliness of Microsoft's 
proposal, the rules do not prohibit additional parties from requesting 
designation as a TV bands database administrator after other parties 
have already been designated. In fact, the rules were designed with the 
expectation that there could be changes in database administrators over 
time, e.g., administrators are designated for a five-year term, subject 
to renewal at the Commission's discretion, and an administrator that 
ceases operation must transfer its database to another designated 
entity that takes its place. The original filing deadline was 
established by OET to allow orderly processing of the initial 
prospective database administrators as a group. However, this deadline 
was not intended to preclude other parties from requesting designation 
as a database administrator at a later date.
    9. With regard to the issue of the protection of authorized 
services, the Commission's November 25, 2009 public notice did not 
request that prospective database administrators submit a complete list 
of every licensed service that is eligible for protection from TV bands 
devices. The Commission's rules and procedures for database testing and 
approval will ensure that all TV bands databases protect all eligible 
facilities. We note that Microsoft's proposal and response states that 
it will obtain information about protected services from several 
different sources, including the Commission's databases, which contains 
information on the services that EIBASS referenced in its comments.
    10. The Commission authorized the channel range for the Microsoft 
STA that EIBASS contends is overly large and contains operating TV 
stations. The Commission specified the large channel range requested by 
Microsoft to simplify processing of the STA. Rather than determining in 
advance which channels within that range were vacant at the STA's 
location, the Commission made operation subject to the condition that 
Microsoft coordinate with the Society of Broadcast Engineers (SBE) to 
ensure that operation would occur only on vacant TV channels. The 
Commission has taken this same approach with other experimental 
authorizations for operations in the TV bands. While EIBASS is correct 
that the Microsoft STA does not name the precise location of operation 
within Las Vegas, one can easily determine that the geographic 
coordinates specified in the STA correspond to the Las Vegas Convention 
Center. As for EIBASS's contention that Microsoft initially failed to 
contact SBE, the parties do not dispute the fact that coordination did 
occur before Microsoft began operations. Microsoft states that it did 
coordinate with SBE and EIBASS prior to operating, and EIBASS states 
that the Las Vegas area frequency coordinator was made aware of the STA 
prior to operation. Furthermore, the Commission received no complaints 
of interference resulting from Microsoft's operation under this STA. We 
find no basis here to reject Microsoft as a TV bands database 
administrator.
    11. Cohen, Dippell and Everist, P.C. (``CDE'') filed brief comments 
on the Microsoft proposal. CDE recommends that the database be updated 
at 12-hour intervals, seven days a week to provide the most accurate 
and timely information to white spaces users. However, making this 
change mandatory for database administrators would require 
modifications to our rules, which currently require synchronization of 
TV bands databases with the Commission databases once a week and 
synchronization between TV bands databases once every 24 hours. Such 
rule changes are outside the scope of this Order.
    12. OET is designating Microsoft as a TV bands database 
administrator subject to the same conditions it required of the nine 
previously designated administrators. Microsoft has already satisfied 
several of these conditions. Specifically, it included in its request 
to be designated as a database administrator information to show that 
it complies with the rule changes adopted in the Second MO&O and stated 
that it would not use its capacity as a database manager to engage in 
any discriminatory or anti-competitive practices or practices that may 
compromise the privacy of users. Microsoft also participated in all 
three database administrator workshops held by OET thus far. Microsoft 
will also be required to take part in any future workshops that may be 
held by OET that address database implementation details and provide 
guidance on the requirements to the database administrators. In 
addition, Microsoft 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, it must 
support capabilities that OET deems necessary to ensure that any 
changes in registration of protected facilities in one database are 
rapidly reflected in all others.
    13. Consistent with our previous action designating database 
administrators, Microsoft's 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 we determine that its database 
is not in compliance with the Commission's rules. OET will determine 
the details of the trial, balancing the need to ensure that the 
database is working properly with the need to avoid an unnecessarily 
cumbersome and burdensome process.
    14. If Microsoft successfully satisfies all of the conditions 
herein, it will be allowed to make its database available for actual 
use for the five year term specified in our rules. In such case, OET 
will announce the public availability of the database, at which time 
the five year term for that database will commence.
    15. In summary, OET has considered Microsoft's proposal and all the 
comments and replies filed in response to the April 29, 2011 Public 
Notice. We conclude that Microsoft is capable of meeting the 
Commission's regulatory requirements for serving as a database 
administrator, as set forth in the Commission's rules, including the 
rule revisions adopted in the Second MO&O. Accordingly, we are 
designating Microsoft Corporation as a TV bands database administrator 
subject to the conditions described.

Ordering Clause

    16. 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, Microsoft 
Corporation is designated as a TV bands database administrator as set 
forth in Section 15.715 of the Commission's rules, 47 CFR 15.715, 
subject to the conditions specified.

Federal Communications Commission
Julius P. Knapp,
Chief, Office of Engineering and Technology.
[FR Doc. 2011-21258 Filed 8-18-11; 8:45 am]
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