[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29236-29247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11906]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 04-186 and 02-380; FCC 12-36]


Unlicensed Operation in the TV Broadcast Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses five petitions for reconsideration of 
the Commission's decisions in the Second Memorandum Opinion and Order 
(``Second MO&O'') in this proceeding and modifies the Commissions rules 
in certain respects. In particular, the Commission is increasing the 
maximum height above average terrain (HAAT) for sites where fixed 
devices may operate; modifying the adjacent channel emission limits to 
specify fixed rather than relative levels; and slightly increasing the 
maximum permissible power spectral density (PSD) for each category of 
TV bands device. These changes will result in decreased operating costs 
for fixed TVBDs and allow them to provide greater coverage, thus 
increasing the availability of wireless broadband services in rural and 
underserved areas without increasing the risk of interference to 
incumbent services. The Commission is also revising and amending 
several of its rules to better effectuate the Commission's earlier 
decisions in this docket and to remove ambiguities.

DATES: Effective June 18, 2012.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl, Office of 
Engineering and Technology, 202-418-7506, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Memorandum Opinion and Order, ET Docket No. 04-186 and 02-380, FCC 12-
36, adopted April 4, 2012 and released April 5, 2012. 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: www.fcc.gov. People 
with Disabilities: To request materials in accessible formats for 
people with disabilities (braille, large print, electronic files, audio 
format), send an email to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary of the Third Memorandum Opinion and Order

    1. In this Order, the Commission addressed five petitions for 
reconsideration of its decisions in the Second Memorandum Opinion and 
Order (``Second MO&O''), 75 FR 75814, December 6, 2010, in this 
proceeding and modified its rules in certain respects. In particular, 
the Commission increased the maximum height above average terrain 
(HAAT) for sites where fixed devices may operate; modified the adjacent 
channel emission limits to specify fixed rather than relative levels; 
and slightly increased the maximum permissible power spectral density 
(PSD) for each category of TV bands device. These changes will result 
in decreased operating costs for fixed TVBDs and allow them to provide 
greater coverage, thus increasing the availability of wireless 
broadband services in rural and underserved areas without increasing 
the risk of interference to incumbent services. The

[[Page 29237]]

Commission also revised and amended several of its rules to better 
effectuate the Commission's earlier decisions in this docket and to 
remove ambiguities.

Background

    2. In the First Report and Order and Further Notice of Proposed 
Rule Making in this proceeding, 71 FR 66876, and 71 FR 66897, November 
17, 2006, respectively, the Commission allowed fixed unlicensed devices 
to operate on vacant TV channels, excluding channel 37, and prohibited 
personal/portable devices from operating on channels 14-20 that are 
used by public safety operations in some cities. However, it did not 
adopt final technical rules at that time. In the Second Report and 
Order in this proceeding, the Commission adopted rules that allow 
unlicensed devices to operate in the TV bands at locations where 
frequencies are not in use by licensed services. The TV bands consist 
of six-megahertz channels designated 2 to 51 in four bands of 
frequencies in the VHF and UHF regions of the radio spectrum (54-72 
MHz, 76-88 MHz, 174-216 MHz, and 470-698 MHz).
    3. The Commission permitted two categories of unlicensed devices, 
fixed and personal/portable unlicensed, to operate in the TV bands. 
Fixed devices must incorporate a geo-location capability and a means to 
access a database that provides a list of available TV channels that 
may be used at their location. Such devices must contact a database to 
obtain a channel list before operating and re-check the database at 
least once daily. Fixed devices are permitted to operate with up to one 
watt transmitter power output and may use an antenna that provides up 
to 6 dBi of gain. Portable devices can operate either as ``Mode I'' or 
``Mode II''. A Mode II device must incorporate similar geo-location and 
database access capabilities to fixed devices. A Mode I device is not 
required to incorporate geo-location or database access capabilities 
but instead obtains the list of available channels on which it can 
operate from either a fixed or Mode II device that has database access. 
Personal/portable devices are permitted to operate with up to 100 mW 
EIRP except when operating on channels adjacent to a TV service, in 
which case they may operate with up to 40 mW EIRP. The databases used 
by TV bands devices are established and administered by parties 
selected by the Commission.
    4. In the Second MO&O in this proceeding, the Commission upheld the 
majority of its prior decisions but made the following changes to the 
rules that are at issue in one or more of the five petitions for 
reconsideration that it addressed in this order:
     Restricted fixed TV bands devices from operating at 
locations where the ground level is more than 76 meters above the 
average terrain level in the area.
     Eliminated the requirement that TV bands devices that 
incorporate geo-location and database access must also listen (sense) 
to detect the signals of TV stations and low power auxiliary service 
stations (wireless microphones). As part of that change, the Commission 
also revised the rules in several respects to reflect use of that 
method as the only means for determining channel availability. These 
changes include requiring Mode I devices to verify channel availability 
and Mode II devices to verify their operating location at regular time 
intervals.
     Modified the rules governing the measurement of adjacent 
channel emissions.
     Required that information in the TV bands databases be 
publicly available.
    5. The petitions for reconsideration raise the following issues: 
(1) The height above average terrain (HAAT) limit for TV bands devices; 
(2) out-of-band emission limits; (3) protection of wireless services on 
TV channel 52; (4) establishment of a new category of fixed indoor TV 
bands devices; and (5) the confidentiality of certain information in 
the TV bands database.

Discussion

    6. The Commission found that in the Second MO&O, it generally 
established the appropriate balance between providing for operation of 
TV bands devices that will make new broadband services available to the 
public while protecting incumbent services in the TV bands from 
interference. Thus, it upheld the majority of its decisions in the 
Second MO&O that are addressed in the petitions for reconsideration. 
The Commission found merit in some of those requests and therefore 
modified certain rules to enhance TVBD operations, particularly in 
rural and underserved areas. In particular, it increased the maximum 
height above average terrain (HAAT) of sites where fixed devices may 
operate, modified the adjacent channel (out-of-band) emission limits to 
specify fixed levels, and slightly increased the maximum permissible 
power spectral density (PSD) for each category of TV bands device. 
These changes will result in decreased operating costs and greater 
coverage from fixed TV bands devices that the Commission expects will 
increase the availability of wireless broadband services in rural and 
underserved areas. It found that these changes will not increase the 
risk of interference to incumbent services. The Commission corrected 
several of its rules to better effectuate the Commission's earlier 
decisions in this docket and to remove ambiguities.
    7. Decision. The Commission modified its rules to establish a 
maximum HAAT for a fixed device antenna of 250 meters and maintained 
the limit for fixed device antenna height AGL at 30 meters. The 
Commission took this action because it found that the current rule, 
which limits fixed TV bands devices to sites where the ground HAAT is 
no greater than 76 meters, unnecessarily precludes the operation of 
fixed TV bands devices at many locations in the country, particularly 
in rural and other areas that are currently underserved by broadband 
services. Under the modifications that the Commission adopted, a site 
with an elevation of up to 220 meters above average terrain could be 
used with a 30-meter antenna, or a site with a higher elevation above 
average terrain could be used with a shorter antenna, provided the sum 
of the site elevation above average terrain and antenna height above 
ground does not exceed 250 meters. These changes will result in lower 
costs and greater flexibility for fixed device operators by allowing 
the use of sites that were previously precluded by the rules and 
permitting greater coverage from each site. This will increase the 
availability of wireless broadband services, particularly in rural and 
underserved areas.
    8. The Commission declined to raise the limit for fixed device 
antenna height AGL to 75 meters. It previously considered and rejected 
requests to raise this limit in the Second MO&O, noting that the 30-
meter height above ground limit was established as a balance between 
increasing the TV bands device transmission range and the need to 
minimize the impact on licensed services. While the Commission 
recognized the argument that an increased antenna height above ground 
limit could improve TV bands device range in certain circumstances, it 
found that the Commission appropriately took a conservative approach to 
minimize the potential for interference to authorized services by 
limiting the antenna height AGL to 30 meters. It therefore declined to 
increase this limit at this time. As the Commission previously stated, 
it could revisit this height limit in the future if experience with TV 
bands devices indicates they could operate at higher antenna heights 
without causing interference. Also, the changes the Commission made by 
removing the 76-

[[Page 29238]]

meter site HAAT limit and permitting an antenna HAAT of up to 250 
meters will serve to increase the coverage of TV bands devices in many 
instances.

Height Above Average Terrain (HAAT) Limit

    9. Because the range at which interference occurs increases as the 
antenna height is raised, the Commission made additional changes to 
offset the increased potential for harmful interference at the higher 
antenna heights it is permitting. As recommended by the Joint 
Petitioners, the Commission revised the table of minimum required 
separation distances between fixed devices and the contours of co-
channel and adjacent channel TV stations to specify separation 
distances for HAAT ranging from less than three meters to a maximum of 
250 meters. The Commission found that the Joint Petitioners' 
recommended separation distances are greater than necessary to provide 
the level of protection to TV services that the Commission decided to 
provide. It therefore modified the table as shown.

------------------------------------------------------------------------
                                           Required separation (km) from
                                            digital or analog TV (full
                                               service or low power)
 Antenna height above average terrain of         protected contour
            unlicensed device            -------------------------------
                                            Co-channel       Adjacent
                                               (km)        channel (km)
------------------------------------------------------------------------
Less than 3 meters......................             4.0             0.4
3-Less than 10 meters...................             7.3             0.7
10-Less than 30 meters..................            11.1             1.2
30-Less than 50 meters..................            14.3             1.8
50-Less than 75 meters..................            18.0             2.0
75-Less than 100 meters.................            21.1             2.1
100-Less than 150 meters................            25.3             2.2
150-Less than 200 meters................            28.5             2.3
200-250 meters..........................            31.2             2.4
------------------------------------------------------------------------

    10. The methodology used by the Joint Petitioners to calculate the 
required separation distances between TV bands devices and co-channel 
and adjacent channel TV contours is generally consistent with the 
methodology described in the Second Report and Order. The Joint 
Petitioners calculated separation distances from fixed devices with an 
antenna HAAT of 30 meters and greater in the same manner as the 
Commission by using the F(50,10) propagation curves in the rules. The 
Joint Petitioners used the OET TM-91-1 method to calculate separation 
distances for fixed device antenna heights below 30 meters HAAT because 
the Commission's propagation curves are undefined for HAAT values below 
30 meters. OET TM-91-1 is a model that the Commission uses for 
calculating signal levels at short distances and low antenna heights 
above ground. While the Commission used a different propagation model 
to calculate the separation distances at low antenna heights in the 
Second Report and Order (the Okumara model), it used the TM-91-1 model 
in the Second Report and Order to calculate the impact of personal/
portable TV bands devices on TV reception at short distances, e.g., up 
to approximately 1.5 km. Based on its comparison of these models, the 
Commission found that TM-91-1 is appropriate for calculating signal 
levels at distances less than 1 km (as well as longer distances), 
whereas the Okumura model was not designed for use at distances less 
than 1 km. Thus, the Commission agreed with the Joint Petitioners' 
suggestion to use the TM-91-1 model to calculate the required 
separation distances from TV bands devices at antenna heights below 30 
meters HAAT where the Commission's propagation curves are undefined.
    11. The Commission prohibited fixed devices with an HAAT greater 
than the current maximum of 106 meters from providing channel lists to 
Mode I personal/portable devices. This action was necessary because a 
Mode I device, which does not incorporate a geo-location capability, 
obtains a list of available channels from a fixed or Mode II device 
that is determined by the geographic coordinates of those devices. 
Under the 106 meter limitation, the communication distance between a 
Mode I device and the fixed or Mode II device that provides a channel 
list is relatively short, and thus there is a low probability that a 
Mode I device would operate at a location where its channel list is not 
valid, i.e., does not meet the minimum separation distances from co-
channel and adjacent channels TV stations or other protected services. 
However, if the fixed device that obtains the channel list for a Mode I 
device operates with greater HAAT than the current rules permit, the 
Mode I device could operate at a greater distance from the coordinates 
of the fixed device where the available channel list was calculated. 
This will increase the chance that the Mode I device could operate at a 
location where the channel list is not valid. The Commission therefore 
required that the TV bands database not provide channel lists for Mode 
I devices through fixed devices with an antenna HAAT of greater than 
106 meters.
    12. The Commission did not increase the minimum required separation 
of one kilometer between wireless microphones and fixed devices 
operating at a higher HAAT than the current rules allow, because the 
higher HAAT will not increase fixed device signal strength at a one 
kilometer distance. The OET TM-91-1 model that is used to calculate 
signal strength at the distance takes into account radiated power, 
separation distance, and the antenna height AGL, but is independent of 
the HAAT. Because the Commission did not increase the maximum fixed 
device antenna height AGL or radiated power, there will be no increase 
in signal level at one kilometer. The Commission also did not increase 
the size of the exclusion zones around receive sites for MVPDs, low 
power TV or BAS links, because it has no information demonstrating that 
the existing requirements are insufficient to provide adequate 
protection at the higher antenna HAAT that it is permitting for fixed 
devices.

Out-of-Band Emissions

    13. In the Second Report and Order, the Commission adopted out-of-
band emission limits for TV bands devices to protect other authorized 
services both

[[Page 29239]]

inside and outside the TV bands. For emissions that fall in a TV 
channel adjacent to the operating channel of a TV bands device, the 
Commission required that these emissions be at least 55 dB below the 
highest emission in the operating channel, with both the in-band and 
out-of-band emissions measured with a 100 kHz bandwidth. Emissions that 
are more than one channel removed from the operating channel must 
comply with the limits specified in Sec.  15.209 of the rules. These 
field strength limits, measured at a distance of 3 meters, are 100 
microvolts per meter (30-88 MHz), 150 microvolts per meter (88-216 
MHz), 200 microvolts per meter (216-960 MHz), and 500 microvolts per 
meter (above 960 MHz).
    14. In the Second MO&O, the Commission modified the limits for 
emissions that fall in TV channels adjacent to the operating channel. 
Specifically, it required that in-band emissions be measured within a 6 
MHz bandwidth instead of within a 100 kHz bandwidth, and it revised the 
required level of attenuation from 55 dB to 72.8 dB to compensate for 
the difference in measurement bandwidths while providing the same level 
of interference protection. The Commission made these changes to ensure 
consistency in emission measurements, because the in-band power 
measured within a 100 kHz bandwidth could vary depending on the 
bandwidth of the transmitted signal, whereas the total power measured 
within a 6 MHz bandwidth will be the same regardless of whether the 
signal fills the entire channel or just part.
    15. Decision. The Commission modified the rules for adjacent 
channel emission limits to specify fixed values, rather than vary the 
limit relative to the in-band power. Specifically, it adopted a fixed 
adjacent channel emission limit for each category of TV bands device 
that is equivalent to the current emission limit for devices operating 
at maximum power. Devices operating at less than the maximum permitted 
power will not be required to suppress emissions below the fixed 
limits. This eliminates the need for a device operating at less than 
the maximum permitted power to unnecessarily suppress adjacent channel 
emissions below the levels needed to prevent interference to other 
services in the TV bands, thus simplifying equipment design and 
reducing its cost. A fixed emission limit also simplifies compliance 
measurements, because the emission level can be measured directly 
rather than by comparing the in-band and adjacent channel power 
measured in two different bandwidths.
    16. The Commission calculated the appropriate fixed adjacent 
channel emission limits as follows. The current adjacent channel 
emission limit is -72.8 dB in a 100 kHz bandwidth, measured relative to 
the total in-band power in a 6 MHz bandwidth. It defined a fixed 
adjacent channel emission limit for each of the four maximum power 
levels at which TV bands devices can operate (fixed: 1 Watt; personal/
portable: 100 mW; personal/portable operating adjacent to occupied 
channels: 40 mW; and sensing-only devices: 50 mW). The adjacent channel 
emission limit for each category of device is simply the maximum power 
permitted in a 6 MHz bandwidth minus 72.8 dB. A table showing these 
limits is provided.
    17. The Commission also slightly increased the maximum permissible 
PSD for each category of TV bands device to address the roll-off 
concern raised by Spectrum Bridge. It established the PSD limits to 
prevent multiple TV bands devices with transmit bandwidths of much less 
than 6 MHz from sharing a channel, which could result in a total 
transmitted power within a channel significantly greater than the 
limits for individual fixed or personal/portable devices. These limits 
were derived using the assumption that the maximum permitted power of a 
TV bands device is spread uniformly across a 6 MHz channel. However, 
the Commission recognized that this assumption makes compliance with 
either the current or the modified adjacent channel emission limits it 
adopted impractical if a device operates at the maximum permissible 
power level. For a TV bands device to operate at the maximum 
permissible power, it must fill the entire 6 MHz channel, leaving no 
margin for a roll-off from the in-band signal to the much lower level 
it must meet in the adjacent channel. The Commission therefore 
increased the PSD limit for each category of TV bands device by 0.4 dB, 
which will allow a TV bands device to operate at the maximum 
permissible power in a bandwidth of 5.5 MHz instead of 6 MHz. This will 
allow 250 kHz for a roll-off from the in-band signal to each adjacent 
channel. The Commission did not adopt a 6 dB (4 times) increase in the 
PSD limit as Spectrum Bridge suggests, because that change would allow 
devices to operate at maximum power in a bandwidth of much less than 6 
MHz, thus making it possible for multiple devices to share a channel 
with a total power greater than the limits currently allowed for an 
individual device.
    18. The revised PSD and adjacent channel emission limits that the 
Commission adopted are as follows.

----------------------------------------------------------------------------------------------------------------
                                                                                          Adjacent channel limit
       Type of TV bands device           Power limit (6 MHz)      PSD limit (100 kHz)           (100 kHz)
----------------------------------------------------------------------------------------------------------------
Fixed................................  30 dBm (1 Watt)........  12.6 dBm...............  -42.8 dBm.
Personal/portable (adj. channel).....  16 dBm (40 mW).........  -1.4 dBm...............  -56.8 dBm.
Sensing only.........................  17 dBm (50 mW).........  -0.4 dBm...............  -55.8 dBm.
All other personal/portable..........  20 dBm (100 mW)........  2.6 dBm................  -52.8 dBm.
----------------------------------------------------------------------------------------------------------------

    19. In the Commission's review of the PSD and adjacent channel 
emission issues, it discovered some minor inconsistencies and omissions 
in the rules concerning the measurement of emissions and corrected them 
herein. Specifically, Sec.  15.709(c) does not specify whether 
compliance with the adjacent channel emission limits is determined 
through radiated or conducted measurements. In addition, Sec.  
15.709(a)(5) requires measurement of the power conducted from the TV 
bands device into the antenna to determine compliance with the PSD 
limits. However, this is not possible for personal/portable devices 
which are required to have a permanently attached antenna. This section 
also does not include a requirement that fixed device PSD must be 
reduced in the same manner as the maximum conducted output power when 
the transmit antenna gain exceeds 6 dBi. Such a requirement is 
necessary to ensure that the PSD is proportionally reduced when the 
maximum output power is reduced to prevent a device from transmitting 
in a bandwidth of much less than 5.5 MHz at the maximum permissible 
power level. To correct these omissions and inconsistencies, the 
Commission revised Sec.  15.709(a) and (c) to specify that the PSD and 
adjacent channel emission limits are conducted power limits for fixed 
devices and EIRP (radiated) limits for personal/portable devices. It 
also required that the conducted PSD limit for fixed devices be reduced 
by one dB

[[Page 29240]]

for each dB that the maximum directional gain of the transmit antenna 
exceeds 6 dBi. These rule clarifications will not result in any 
increased compliance costs for equipment manufacturers.
    20. The Commission declined to relax the out-of-band emission limit 
to the specific values requested by Motorola, the Joint Petitioners, 
and the Wi-Fi Alliance. As the Commission previously noted in the 
Second MO&O, adjacent channel emissions from a TV bands device appear 
as co-channel emissions in an adjacent channel used by a TV station or 
other authorized service, and interference can occur to TV reception at 
very low undesired co-channel signal levels. The Commission also noted 
that personal/portable TV bands devices are permitted to operate within 
the protected contours of adjacent channel TV stations, and fixed TV 
bands devices can operate as close as 0.1 kilometers outside the 
contours of adjacent channel stations and at significantly higher power 
than personal/portable TV bands devices. Thus, the Commission found it 
appropriate to require TV bands devices to meet tighter adjacent 
channel emission limits than other equipment such as Wi-Fi devices that 
do not typically operate adjacent to services that receive interference 
at the same low level as the broadcast TV service. The Commission noted 
that the relaxation of the limit requested by the petitioners is 
approximately 25 dB (316 times the power), which would be a very 
significant increase in adjacent channel power over the maximum the 
rules currently permit and would have the potential to cause 
interference to adjacent channel users in the TV bands.
    21. The Commission found that increasing the minimum separation 
distances between TV bands devices and adjacent channel TV stations as 
a way to offset the increased interference potential would be effective 
only in protecting TV reception but not other services that operate in 
or adjacent to the TV bands. For example, registered wireless 
microphones and other low power auxiliary services authorized under 
part 74 would be impacted by the increased noise that TV bands devices 
would place in adjacent channels. This increased noise also could limit 
the use of personal/portable TV bands devices operating adjacent to 
fixed TV bands devices, thereby impairing efficient use of spectrum. 
Increasing the 1 kilometer protection distance around registered 
wireless microphones would be ineffective because registration provides 
only co-channel and not adjacent channel protection from TV bands 
devices. Further, the increased adjacent channel emission levels could 
impact wireless services adjacent to the TV bands, such as those above 
channel 51 (the subject of another petition discussed in detail below), 
land mobile radio services on frequencies below channels 7 and 14, and 
the Low Power Radio Service above channel 13.
    22. For the reasons stated, the Commission declined to relax the 
adjacent channel emission limits to prevent interference to authorized 
services in and adjacent to the TV bands. It concluded that its 
decision on this issue promotes more efficient use of the TV spectrum 
by both licensed and unlicensed devices. The Commission recognized the 
petitioners' argument that tighter emission limits could result in 
higher equipment costs. It found, however, that the record in this 
proceeding indicates that at least one equipment manufacturer, 
Adaptrum, is capable of building a prototype device that complies with 
the limits adopted in the Second MO&O. In addition, another 
manufacturer, Koos Technical Services, Inc., developed a device that 
complies with all the requirements for fixed TV bands, devices, 
including the adjacent channel emission limits, and became the first 
party to obtain certification for a TV bands device. Further, tighter 
out-of-band emission limits can allow users to operate in adjacent 
frequency bands with less geographic separation between them, thus 
enabling more efficient and intensive use of spectrum. Thus, the 
Commission concluded that the benefits of tighter out-of-band emission 
limits outweigh any increase in equipment cost that may be necessary to 
comply with these rules.

Protection of Wireless Services on Channel 52

    23. Prior to the June 12, 2009 digital television transition, full-
service TV stations were permitted to operate on channels 52-69 (698 
MHz to 806 MHz, also referred to as the 700 MHz band). The Commission 
reallocated these channels for services other than broadcast 
television. Under the band plan that the Commission adopted, there are 
two channel groupings: (1) The lower 700 MHz band, consisting of 
channels 52-59, and (2) the upper 700 MHz band, consisting of channels 
60-69. The lower 700 MHz band is divided into five blocks designated A 
through E, and the upper 700 MHz band is divided into four blocks 
designated A through D, with two additional bands allocated for public 
safety use. Block A in the lower 700 MHz band, which is the subject of 
Cellular South's petition for reconsideration in this proceeding, 
consists of TV channel 52 paired with TV channel 57. This pairing of 
channels with a 30 MHz frequency separation between them is designed to 
allow the use of these channels for two-way wireless operations. Fixed 
base stations will transmit to mobile devices using channel 57, while 
mobile devices will transmit to base stations using channel 52. 
Therefore, base stations will incorporate receivers that receive 
signals from mobile devices on channel 52. The lower 700 MHz Block A 
was licensed through Commission Auction 73 in 2008. Cellular South is 
one of the entities that obtained licenses for Block A through this 
auction. It did not previously participate in this proceeding.
    24. Prospective bidders were made aware prior to Auction 73 that 
there would continue to be full-service and low power television 
stations on channel 51 after the auction. The Public Notice describing 
this auction's procedures cautioned potential bidders about Commission 
rules and requirements that place limits on the ability of 700 MHz band 
licensees to use this spectrum. The Public Notice specifically pointed 
to Sec.  27.60 of the rules that requires wireless licensees to protect 
co-channel and adjacent channel TV stations, including stations on 
channel 51. Thus, prospective bidders for Block A were given notice 
that there would be TV stations on adjacent channel 51, and the 
emission levels that a TV station may place in an adjacent channel are 
clearly specified in the Commission's rules. These limits permit TV 
stations to place significantly higher power in an adjacent channel 
than part 15 TV bands devices.
    25. CTIA--the Wireless Association and the Rural Cellular 
Association filed a petition for rulemaking and a licensing freeze on 
March 15, 2011, requesting that the Commission take action to prevent 
further interference to Block A licensees. To permit the Commission to 
evaluate the matters raised in the petition, the Media Bureau placed a 
freeze on the filing of new applications and most applications for 
minor changes to low power and full power television stations on 
channel 51. The Commission took that action to preserve the status quo 
and to ensure that new applications are not filed in anticipation of 
the future limitations proposed in the petition. It has not yet taken 
any other action with respect to this petition.
    26. Decision. The Commission declined to establish in this docket 
new requirements to protect wireless operations on channel 52. As an 
initial matter, it noted that Cellular South's petition on this issue 
was not timely filed. The Commission adopted rules

[[Page 29241]]

permitting TV band devices to operate on Channel 51 in its 2008 Second 
Report and Order. Pursuant to Sec.  1.429(d) of the Commission's rules, 
the deadline for seeking reconsideration of that decision was 30 days 
after the summary of the Second Report and Order was published in the 
Federal Register. Cellular South filed its petition in January 2011, 
more than two years after the applicable due date.
    27. As an independent and alternative basis, the Commission 
dismissed Cellular South's petition on this issue pursuant to Sec.  
1.429(b) of the Commission's rules, which precludes parties from 
relying on facts in petitions for reconsideration that were not 
presented to the Commission previously, unless those facts have changed 
or the party could not have known about those facts when it had an 
opportunity to comment. No party raised the issue of protection 
criteria for services on channel 52 in response to the NPRM or FNPRM in 
this proceeding or at any time prior to Cellular South's petition for 
reconsideration. The Commission was not persuaded that Cellular South 
could not previously participate in this proceeding. Cellular South 
purchased its licenses at auction in 2008, several months before the 
adoption of the Second Report and Order, and over two years before the 
adoption of the Second MO&O. Cellular South therefore had ample 
opportunity to make any concerns about potential interference from TV 
bands devices to wireless services in the lower 700 MHz Block A known 
to the Commission but failed to do so. While the Commission recognized 
Cellular South's argument that the final technical specifications for 
700 MHz band equipment were not available until more recently, it did 
not find that a convincing explanation for not participating in the 
proceeding. If the precise technical parameters needed to perform an 
interference analysis are not known (e.g., receiver bandwidth, noise 
floor, noise figure, antenna gain, and desired-to-undesired signal 
ratio), parties could make reasonable estimates of these parameters. 
Cellular South, however, did not provide any analysis or even express 
to the Commission any general concerns about possible interference 
prior to filing its petition for reconsideration.
    28. As another independent and alternative basis for dismissing the 
petition on this issue, the Commission reached the merits and rule 
against Cellular South. The Commission found that there is no need to 
adopt new requirements as Cellular South requests because the current 
rules appropriately protect wireless operations on channel 52. The 
emission levels that a TV bands device may place in an adjacent channel 
are far below the levels that a full-service TV station on channel 51 
may place in adjacent channel 52. Specifically, emissions from TV bands 
devices in the adjacent channel must be at least 72.8 dB below the 
level in the 6 MHz channel where the TV bands device operates. As 
discussed, the Commission modified the rules to specify maximum 
adjacent channel emission levels that provide this level of adjacent 
channel protection. For a personal/portable TV bands device operating 
on channel 51 at the maximum allowable power of 100 milliwatts EIRP, 
the maximum radiated emission in the adjacent channel would be -52.8 
dBm EIRP or 132 microvolts per meter at a distance of three meters. 
This is below the Sec.  15.209 out-of-band emission limit of 200 
microvolts per meter at three meters that applies to most part 15 
transmitters in this frequency band. In the case of fixed TV bands 
devices operating on channel 51 at the maximum EIRP of 4 watts, the 
maximum permitted emission in the adjacent channel is -36.8 dBm EIRP or 
835 microvolts per meter at three meters. While this is greater than 
the Sec.  15.209 limit, the Commission noted that this limit was 
developed with the assumption that there would be a 10 meter separation 
between a potentially interfering device and the device being 
protected. The Commission expects that there would typically be a much 
greater separation distance between a TV bands device and a wireless 
base station receiving channel 52, thus significantly reducing the 
signal level at the receiver and the likelihood of interference. Thus, 
the Commission found that there is a very low probability that TV bands 
devices on channel 51 will cause harmful interference to wireless 
services in the adjacent band. Because the Commission did not adopt 
here protection criteria between TV bands devices and Block A stations, 
it saw no reason to include 700 MHz Block A base stations in the TV 
bands databases.
    29. While the part 15 rules are designed to minimize the likelihood 
of interference to authorized services, there is always the possibility 
that interference may occur in certain situations. Therefore TV bands 
devices, like all other part 15 devices, operate on a non-interference 
basis, meaning that in the event a device causes interference to an 
authorized service, the device must cease operation. Because fixed TV 
bands devices must be registered in the TV bands database, if a 
licensee of a wireless system were to receive interference, it could 
check the database to find information on the interfering device. Also, 
as the Commission stated in the Second Report and Order, it intends to 
closely oversee the development and introduction of TV bands devices 
and take whatever actions may be necessary to correct any interference 
that may occur and will consider any rule changes that might be needed 
to better protect against harmful interference to incumbent services. 
Because TV bands devices operate under the control of a database that 
provides a list of available channels to the TV bands devices, in the 
event of harmful interference the Commission could take steps such as 
requesting the database operators to limit the use of certain TV 
channels in an area. Thus, the Commission found no need to adopt new 
protection requirements for wireless services on channel 52 at this 
time.

New Class of TV Bands Devices

    30. As discussed, the rules that the Commission adopted in the 
Second Report and Order allow for two classes of TV bands devices--
fixed and personal/portable. Fixed devices may operate at power levels 
up to 4 watts EIRP and must either incorporate a geo-location 
capability such as GPS or be professionally installed and have the 
devices' geographic coordinates manually entered by the installer. 
Personal/portable devices may operate with a power level up to 100 mW 
EIRP. Mode II personal/portable devices must incorporate a geo-location 
capability such as GPS to determine the geographic coordinates to 
within +/- 50 meters. Both fixed and Mode II portable devices must 
access a database that provides a list of available channels at the 
devices' location. A Mode II portable device must re-check its location 
and the database for available channels if it changes location during 
operation. Mode I devices are not required to incorporate geo-location 
or database access capabilities, and they obtain a list of available 
channels on which they can operate from either a fixed or Mode II 
device that accesses a database. A portable device can operate in Mode 
II at locations where it can receive a geo-location signal, and in Mode 
I at locations where it cannot. Fixed devices may operate only on 
vacant TV channels that are not adjacent to occupied TV channels, while 
personal/portable devices may operate adjacent to occupied TV channels 
if their maximum EIRP is reduced to no more than 40 milliwatts.
    31. In the Second MO&O, the Commission decided that a Mode II

[[Page 29242]]

device must use its geo-location capability to check its location at 
least once every 60 seconds while in operation to determine whether it 
has moved. In addition, the Commission required that a Mode II device 
check the database when it moves more than 100 meters from the location 
where it performed its last database check.
    32. Decision. The Commission declined to establish a new class of 
fixed indoor devices as requested by the Wi-Fi Alliance. The Wi-Fi 
Alliance states that the devices of interest would be mass market Mode 
II personal/portable devices, thus indicating to us that they would be 
small and easily transportable. The Commission found that such devices 
would have a high potential for causing interference to authorized 
services in the TV bands if they did not incorporate a geo-location 
capability to accurately determine their location. The devices could 
easily be moved to a different location without updating the 
coordinates, where they would then receive an inaccurate list of 
available channels. In the absence of a geo-location capability, the 
coordinates would have to be manually entered into a device. In the 
case of mass market consumer devices, the Commission would not consider 
the consumer to be a professional installer. It expected that many 
consumers would lack knowledge or experience in determining and 
entering a device's coordinates and therefore would be likely to make 
more errors than a professional installer or, alternately, would be 
more likely to enter an improper set of coordinates. While the 
Commission denied the Wi-Fi Alliance's request to create a new category 
of TV bands device, it noted the current rules do in fact contain 
provisions that allow TV bands devices to operate without GPS under 
certain circumstances. Specifically, a personal/portable device can 
operate without GPS in Mode I if it communicates with either a fixed 
device or a Mode II personal/portable device that provides it with a 
list of available channels on which it can operate.

Confidentiality of Database Information

    33. In the Second MO&O, the Commission decided that all information 
that is required by the Commission's rules to be in a TV bands database 
is to be publicly available, including fixed TV bands device 
registration and voluntarily submitted protected entity information, 
such as cable headends. The Commission noted that the registration of a 
protected entity in the database will preclude operation of TV bands 
devices on one or more channels over specific areas and that there is 
the possibility of errors in the registration information. It further 
noted that while much of the data will come from Commission databases 
that already are public sources, errors could result from the 
inadvertent entry of incorrect data or as a result of a party 
deliberately entering false data. The Commission therefore found that 
it is appropriate to permit public examination of protected entity 
registration information to allow the detection and correction of 
errors.
    34. Decision. The Commission declined to require that the 
geographic coordinates or other information concerning cable headends 
in the TV bands database be kept confidential. First, it noted that 
NCTA previously participated in this proceeding but never alleged prior 
to filing its petition that there is any need to keep information on 
cable headends confidential. The issue of public availability of 
database information was raised in the petitions for reconsideration of 
the Second Report and Order in this proceeding, and NCTA raised no 
concerns about the confidentiality of headend registrations in its 
response to these petitions. In any case, the Commission was not 
persuaded that making information about cable headends publicly 
available poses a security threat to communications infrastructure. 
Based on the documents referenced in NCTA's petition, virtually all 
communications facilities, including wireline, wireless, satellite, 
cable, and broadcasting facilities, could be classified as critical 
infrastructure. Information on a large number of these communications 
facilities is already publicly available through the Commission's 
databases, and there is no evidence that the public availability of 
this information has ever posed a threat to the security of 
communications infrastructure. Also, as NCTA and PISC note, information 
on the locations of cable headends is already publicly available from 
other sources, and the TV bands databases will only list those 
facilities that are outside the protected contours of the over-the-air 
TV stations being received and that the headend operator chooses to 
register.
    35. While the Commission upheld its previous decision to make all 
information in the TV bands database publicly available, it noted that 
the Second MO&O did not include specific text to codify this decision. 
The Commission therefore added a new paragraph to Sec.  15.715 of the 
rules to specify that database administrators must provide a means to 
allow public access to the information in the database. Such access 
will be limited to the information that is required by the rules to be 
included in the databases and will not include any additional 
information that the database administrators may choose to collect. OET 
will advise the database administrators as necessary to implement this 
requirement. Codifying this rule does not impose any new costs or other 
burdens on database administrators because they were already required 
to provide the capability described.

Other Matters

    36. OET designated ten parties as TV bands database administrators 
and requires them to attend workshops conducted by Commission staff. 
During the course of these workshops, the database administrators have 
noted that some rules require Commission interpretation and guidance to 
ensure that they are implemented consistently across all TV White Space 
databases. OET staff has provided guidance on how certain rules as 
written should be implemented by the database administrators. 
Information regarding these discussions, including any rule 
interpretations provided to the database administrators at these 
workshops, is posted on the Commission's Web site at http://www.fcc.gov/encyclopedia/white-space-database-administration. The 
Commission concluded that the rules should be modified to clearly state 
the requirements for protecting these services.

TV Translator, Low Power TV and Class A TV Station Receive Sites

    37. The rules require that TV bands databases contain information 
on the location of receive sites for TV translator, low power TV, and 
Class A TV stations (collectively low power stations) and the channels 
of TV signals received for retransmission at such sites. The 
Commission's Consolidated Data Base System (CDBS) has the ability to 
store receive site information for low power stations, but the receive 
site information currently contained in the CDBS is incomplete or 
inaccurate and therefore not always reliable. For this reason, the 
Commission adopted rules that require low power stations to register 
their receive sites with the TV bands database administrators to obtain 
protection. Subsequent to the adoption of these rules, the Commission 
has become concerned that if it were to allow parties to register 
receive site information both in the TV bands database and the CDBS, 
there could be conflicts in the data between the CDBS and the database 
registrations due to data entry errors or updates to the

[[Page 29243]]

information in one database but not the other. The Commission therefore 
found it is necessary to provide for a single registry for low power 
station receive site information, and that registry is to be the CDBS. 
The Commission's staff has constructed a Web page interface that will 
allow licensees of low power stations to easily provide us with their 
correct receive channel information. The information collected through 
this Web page interface will be used to update the CDBS. The Commission 
will issue a public notice when the interface is available to the 
public and will provide instructions on how to access it.
    38. In view of the Commission's decision to acquire and maintain 
all low power station receive site data by means of the new receive 
site update facility and the CDBS system, it no longer finds it 
necessary to require database administrators to provide a separate 
registration process for this information. In addition to relieving the 
database operators of a significant burden, this change will make the 
low power station receive site data in the CDBS more reliable and also 
avoid data conflicts between the CDBS and the database registration 
records. Accordingly, the Commission modified Sec.  15.713(b)(2) of the 
rules to remove receive sites of TV translator, low power TV, and Class 
A TV stations from the list of facilities that are not contained in 
Commission databases and placing them in Sec.  15.713(b)(1) in the list 
of facilities that are contained in Commission databases. The 
Commission also modified Sec.  15.715(c) to remove TV translator 
receive sites as an example of facilities not contained in Commission 
databases. These rule changes are procedural in nature in that the 
Commission changed the manner in which low power TV receive site 
information is collected and placed in the TV bands databases, but not 
the protection afforded to receive sites. Thus, these changes do not 
require prior notice under the Administrative Procedure Act (APA).

Protection of Radio Astronomy

    39. Section 15.712(h) of the rules prohibits the operation of TV 
bands devices within 2.4 kilometers of certain radio astronomy and 
other receive sites to prevent interference to operations at those 
locations. This rule section specifies the geographic coordinates of 
receive sites that were provided to the Commission by the National 
Telecommunications and Information Administration (NTIA) in 2005. NTIA 
recently discovered inaccuracies in the coordinates for several radio 
astronomy receive sites and filed a request with the Commission to 
correct these inaccuracies. In particular, it provided corrected 
coordinates for the Arecibo Observatory in Puerto Rico and the Table 
Mountain receive site in Colorado. NTIA also requested that the 
Commission modify the receive site coordinates listed in Sec.  
15.712(h) to match those in footnote US388 to the Table of Frequency 
Allocations in Sec.  2.106 of the rules because it determined that the 
coordinates in that footnote are correct. The Commission found that 
NTIA's requested changes to this section will ensure that radio 
astronomy and other receive sites are protected against interference 
from TV bands devices and therefore updated the rules to reflect the 
correct coordinates. In addition, the Commission noted that Sec.  
15.712(h)(1) lists the Naval Radio Research Observatory in Sugar Grove, 
West Virginia as a protected site but does not specify its geographic 
coordinates. The Commission therefore revised this section to add the 
coordinates of that observatory. These rule revisions do not require TV 
bands devices to protect any additional radio astronomy sites or 
increase the size of the protected zones around them; they merely 
provide more precise geographic coordinates for the sites that TV bands 
devices were already required to protect. The Commission found that 
these changes are insignificant in nature and impact, and 
inconsequential to the industry and the public. Thus, these rule 
changes do not require prior notice under the APA.

Final Regulatory Flexibility Analysis

    40. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rule Making (NPRM) in ET Docket No. 04-186,\2\ and 
an additional IRFA was incorporated in the First Report and Order and 
Further Notice of Proposed Rule Making (FNPRM) in ET Docket No. 04-
186.\3\ The Commission sought written public comment on the proposals 
in the NPRM and in the FNPRM, including comment on the IRFAs. No 
comments were received in response to either IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\4\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996), 
and the Small Business Jobs Act of 2010, Public Law 111-240, 124 
Stat. 2504 (2010).
    \2\ NPRM, 19 FCC Rcd at 10018, 10048 (2004).
    \3\ FNPRM, 21 FCC Rcd 12266, 12299 (2006).
    \4\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Third Memorandum Opinion and Order

    41. This Third Memorandum Opinion and Order responds to five 
petitions for reconsideration that were filed in response to the Second 
Memorandum Opinion and Order (``Second MO&O'') in this proceeding.\5\ 
It eliminates the 76 meter limitation on the height above average 
terrain of the sites where fixed TV bands devices may operate and 
increases the maximum permitted antenna height above average terrain 
from 106 meters to 250 meters. The Third Memorandum Opinion and Order 
also replaces the current relative limit with a fixed limit for TV 
bands device emissions that fall in the 6 MHz channels adjacent to the 
operating channel. Devices operating at the maximum permitted power 
must suppress adjacent channel emissions to the same level that the 
current rules require, but devices operating at less than the maximum 
power do not have to suppress emissions below this level. However, the 
Third Memorandum Opinion and Order upholds the majority of the 
Commission's prior decisions permitting unlicensed broadband operations 
in the TV bands while making certain other minor changes and 
refinements to the rules for TV band devices. The Commission believes 
that these changes and clarifications to the rules will better ensure 
that licensed services are protected from interference while retaining 
flexibility for unlicensed devices to share spectrum with new services 
or to change frequencies if TV spectrum is reallocated for other 
purposes.
---------------------------------------------------------------------------

    \5\ See Second Memorandum Opinion and Order in ET Docket No. 04-
186, 25 FCC Rcd 18661 (2010).
---------------------------------------------------------------------------

B. Statement of Significant Issues Raised by Public Comments in 
Response to the IRFA

    42. There were no public comments filed that specifically addressed 
the rules and policies proposed in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    43. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration and to provide a detailed 
statement of any change made to the proposed rules as a result of those 
comments. The Chief Counsel did not file any comments in response to 
the proposed rules in this proceeding.

[[Page 29244]]

D. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    44. 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 rules adopted herein.\6\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \7\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\8\ A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).\9\
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 604(a)(3).
    \7\ 5 U.S.C. 601(6).
    \8\ 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.''
    \9\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    45. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment.FN1 Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \10\ In this category, the SBA has deemed a 
business manufacturing radio and television broadcasting equipment, 
wireless telecommunications equipment, or both, to be small if it has 
fewer than 750 employees.\11\ For this category of manufacturing, 
Census data for 2007 show that there were 919 firms that operated that 
year. Of those establishments, 531 had between 1 and 19 employees; 240 
had between 20 and 99 employees; and 148 had more than 100 
employees.\12\ Since 771 establishments had fewer than 100 employees, 
and since only 148 had more than 100 employees, the vast majority of 
manufacturers in this category would be considered small under 
applicable standards.
---------------------------------------------------------------------------

    \10\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \11\ See 13 CFR 121.201, NAICS code 334220.
    \12\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_ skip=300&-ds--name+EC0731I1&---lang=en.
---------------------------------------------------------------------------

    46. Wireless Telecommunications Carriers (except satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category.\13\ Under the present and prior 
categories, the SBA has deemed a wireless business to be small if it 
has 1,500 or fewer employees.\14\ For this category, census data for 
2007 show that there were 1,383 firms that operated for the entire 
year.\15\ Of this total, 1,368 firms had employment of 999 or fewer 
employees and 15 had employment of 1000 employees or more.\16\ 
Similarly, according to Commission data, 413 carriers reported that 
they were engaged in the provision of wireless telephony, including 
cellular service, Personal Communications Service (PCS), and 
Specialized Mobile Radio (SMR) Telephony services.\17\ Of these, an 
estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees.\18\ Consequently, the Commission estimates that 
approximately half or more of these firms can be considered small. 
Thus, using available data, we estimate that the majority of wireless 
firms can be considered small.
---------------------------------------------------------------------------

    \13\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \14\ 13 CFR 121.201, NAICS code 517210.
    \15\ U.S. Census Bureau, Subject Series: Information, Table 5, 
``Establishment and Firm Size: Employment Size of Firms for the 
United States: 2007 NAICS Code 517210'' (issued Nov. 2010).
    \16\ Id. Available 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 for firms with 
``100 employees or more.''
    \17\ See Trends in Telephone Service at Table 5.3.
    \18\ See id.
---------------------------------------------------------------------------

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    47. TV bands devices are required to be authorized under the 
Commission's certification procedure as a prerequisite to marketing and 
importation, and the Third Memorandum Opinion and Order makes no change 
to that requirement. However, it makes certain changes to the technical 
requirements for TV bands devices, which are discussed.

F. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    48. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its 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 
such small entities.'' \19\
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 603(c)(1) through (4).
---------------------------------------------------------------------------

    49. While the Third Memorandum Opinion and Order generally upholds 
the rules adopted in the Second Memorandum Opinion and Order, the 
Commission made certain changes to those rules. It believed those 
changes and clarifications would provide for improved protection of 
licensed services in the TV bands, resolve certain uncertainties in the 
rules, and provide manufacturers with greater flexibility in designing 
products to meet market demands.
    50. The Commission eliminated the prohibition on fixed TV bands 
device operation at sites where the ground elevation is more than 76 
meters above the average elevation of the surrounding terrain, while 
maintaining the current antenna height above ground limit of 30 meters. 
In place of the site elevation limit, the Commission adopted a 
requirement that a fixed device may operate with an antenna height 
above average terrain of up to 250 meters, which is an increase from 
the current antenna height above average terrain limit of 106 meters 
(30 meters antenna height above ground plus 76 meters site above 
average terrain). Under the new rule, a fixed TV bands device could 
operate from a site with an elevation of up to 220 meters above average 
terrain using an antenna height above ground of 30 meters, resulting in 
an antenna height above average terrain of 250 meters. In reaching this 
decision, the Commission considered the competing views from various 
parties on whether the ground elevation limit unnecessarily restricts 
the locations where fixed TV bands devices can operate and whether an 
increase in the maximum antenna height above ground and average terrain 
can allow greater coverage by fixed TV bands devices without causing

[[Page 29245]]

interference to authorized users of the TV bands. The Commission 
believes that the changes it adopted will allow for increased 
availability of wireless broadband services in rural and underserved 
areas while protecting television and other services that operate in 
the TV bands.
    51. The Commission made certain changes to the technical 
requirements for TV bands devices. Specifically, it modified the limits 
for emissions that fall in TV channels adjacent to those where a TV 
bands device operates by specifying limits that are at fixed levels, 
rather than relative to the in-band power. This change simplifies 
compliance measurements, because it will no longer be necessary to 
compare the in-band and adjacent channel power, which had to be 
measured with two different bandwidths under the previous rules. 
Instead, compliance can be determined by directly measuring the 
adjacent channel power in a specified bandwidth for comparison to the 
limit. The rule changes that the Commission adopted also eliminate the 
need for devices operating at less than the maximum permitted power to 
suppress adjacent channel emissions to levels below those needed to 
prevent interference to other services in the TV bands. In reaching its 
decision to modify the adjacent channel emission limits, the Commission 
considered and rejected requests for a greater relaxation of the limit. 
The Commission found that the adopted limits are necessary to prevent 
interference to authorized services in and adjacent to the TV bands and 
to allow more efficient use of the TV spectrum by both licensed and 
unlicensed devices. The Commission recognized petitioners' arguments 
that tighter emission limits can result in higher equipment costs. 
However, the record indicated that at least one equipment manufacturer 
is capable of complying with the limits adopted in the Second 
Memorandum Opinion and Order.\20\ The Commission noted that tighter 
out-of-band emission limits can allow users to operate in adjacent 
frequency bands with less geographic separation between them, thus 
enabling more efficient and intensive use of spectrum. Thus, it found 
that the benefits of tighter out-of-band emission limits outweigh the 
increase in equipment cost necessary to comply with the limits.
---------------------------------------------------------------------------

    \20\ See Adaptrum ex parte dated March 8, 2011.
---------------------------------------------------------------------------

G. Report to Congress

    52. The Commission will send a copy of the Third Memorandum Opinion 
and Order, including this FRFA, in a report to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act.\21\
---------------------------------------------------------------------------

    \21\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Ordering Clauses

    53. 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 this Third Memorandum 
Opinion and Order is hereby adopted.
    54. Pursuant to sections 4(i), 302, 303(e) 303(f), 303(g), 303(r), 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302, 303(e), 303(f), 303(g), 303(r), and 405, the petitions for 
reconsideration addressed herein are granted to the extent discussed 
and the remainder of requests in the petitions for reconsideration are 
denied.
    55. Part 15 of the Commission's rules is amended, and such rule 
amendments shall be effective June 18, 2012.
    56. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Third Memorandum 
Opinion and Order, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 15 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:


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


0
2. Section 15.709 is amended by revising paragraphs (a)(5), (b)(2), 
(c)(1) and (c)(2) to read as follows:


Sec.  15.709  General technical requirements.

    (a) * * *
    (5) The power spectral density from the TVBD shall not be greater 
than the following values when measured in any 100 kHz band during any 
time interval of continuous transmission.
    (i) Fixed devices: 12.6 dBm conducted power. If transmitting 
antennas of directional gain greater than 6 dBi are used, this 
conducted power level shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 6 dBi.
    (ii) Personal/portable device operating adjacent to occupied TV 
channels: -1.4 dBm EIRP.
    (iii) Sensing-only devices: -0.4 dBm EIRP.
    (iv) All other personal/portable devices: 2.6 dBm EIRP.
* * * * *
    (b) * * *
    (2) The transmit antenna used with fixed devices may not be more 
than 30 meters above the ground. In addition, fixed devices may not be 
located at sites where the antenna height above average terrain is more 
than 250 meters. The HAAT is to be calculated by the TV bands database 
that the device contacts for available channels using computational 
software employing the methodology in Sec.  73.684(d) of this chapter.
* * * * *
    (c) * * *
    (1) In the television channels immediately adjacent to the channel 
in which the TVBD is operating, emissions from the TVBD shall not 
exceed the following levels.
    (i) Fixed devices: -42.8 dBm conducted power.
    (ii) Personal/portable device operating adjacent to occupied TV 
channels: -56.8 dBm EIRP.
    (iii) Sensing-only devices: -55.8 dBm EIRP.
    (iv) All other personal/portable devices: -52.8 dBm EIRP.
    (2) Emission measurements in the adjacent channels shall be 
performed using a minimum resolution bandwidth of 100 kHz with an 
average detector. A narrower resolution bandwidth may be employed near 
the band edge, when necessary, provided the measured energy is 
integrated to show the total power over 100 kHz.
* * * * *

0
3. Section 15.711 is amended by revising paragraph (b)(3)(iv) to read 
as follows:


Sec.  15.711  Interference avoidance methods.

* * * * *
    (b) * * *
    (3) * * *
    (iv)(A) A Mode I personal/portable TVBD may only transmit upon 
receiving a list of available channels from a fixed or Mode II TVBD. A 
fixed or Mode II device may provide a Mode I device with a list of 
available channels only after it contacts its database, provides the 
database the FCC Identifier (FCC ID) of the Mode I device requesting 
available channels, and receives

[[Page 29246]]

verification that the FCC ID is valid for operation.
    (B) A Mode II device must provide a list of channels to the Mode I 
device that is the same as the list of channels available to the Mode 
II device.
    (C) A fixed device may provide a list of available channels to a 
Mode I device only if the fixed device HAAT as verified by the TV bands 
database does not exceed 106 meters. The fixed device must provide a 
list of available channels to the Mode I device that is the same as the 
list of channels available to the fixed device, except that a Mode I 
device may operate only on those channels that are permissible for its 
use under Sec.  15.707. A fixed device may also obtain from a database 
a separate list of available channels that includes adjacent channels 
that would be available to a Mode I personal/portable device and 
provide that list to the Mode I device.
    (D) To initiate contact with a fixed or Mode II device, a Mode I 
device may transmit on an available channel used by the fixed or Mode 
II TVBD or on a channel the fixed or Mode II TVBD indicates is 
available for use by a Mode I device on a signal seeking such contacts. 
At least once every 60 seconds, except when in sleep mode, i.e., a mode 
in which the device is inactive but is not powered-down, a Mode I 
device must either receive a contact verification signal from the Mode 
II or fixed device that provided its current list of available channels 
or contact a Mode II or fixed device to re-verify/re-establish channel 
availability. A Mode I device must cease operation immediately if it 
does not receive a contact verification signal or is not able to re-
establish a list of available channels through contact with a fixed or 
Mode II device on this schedule. In addition, a Mode II device must re-
check/re-establish contact with a fixed or Mode II device to obtain a 
list of available channels if it loses power. Collaterally, if a Mode 
II device loses power and obtains a new channel list, it must signal 
all Mode I devices it is serving to acquire and use a new channel list.
* * * * *

0
4. Section 15.712 is amended by revising paragraph (a)(2), adding 
paragraph (a)(3) and revising paragraph (h) to read as follows:


Sec.  15.712  Interference protection requirements.

* * * * *
    (a) * * *
    (2) Required separation distance. TVBDs must be located outside the 
contours indicated in paragraph (a)(1) of this section of co-channel 
and adjacent channel stations by at least the minimum distances 
specified in the following table. Personal/portable TVBDs operating in 
Mode II must comply with the separation distances specified for an 
unlicensed device with an antenna height of less than 3 meters. 
Alternatively, Mode II personal/portable TVBDs may operate at closer 
separation distances from the contour of adjacent channel stations than 
this table permits, including inside the contour of adjacent channel 
stations, provided the power level is reduced to 40 mW or less as 
specified in Sec.  15.709(a)(2).

 
------------------------------------------------------------------------
                                           Required separation (km) from
                                            digital or analog TV (full
                                               service or low power)
 Antenna height above average terrain of         protected contour
            unlicensed device            -------------------------------
                                            Co-channel       Adjacent
                                               (km)        channel (km)
------------------------------------------------------------------------
Less than 3 meters......................             4.0             0.4
3-Less than 10 meters...................             7.3             0.7
10-Less than 30 meters..................            11.1             1.2
30-Less than 50 meters..................            14.3             1.8
50-Less than 75 meters..................            18.0             2.0
75-Less than 100 meters.................            21.1             2.1
100-Less than 150 meters................            25.3             2.2
150-Less than 200 meters................            28.5             2.3
200-250 meters..........................            31.2             2.4
------------------------------------------------------------------------

    (3) The antenna height above ground for a fixed TVBD may not exceed 
30 meters.
* * * * *
    (h) * * *
    (1) The Naval Radio Research Observatory in Sugar Grove, West 
Virginia at 38 30 58 N and 79 16 48 W.
    (2) The Table Mountain Radio Receiving Zone (TMRZ) at 40 08 02 N 
and 105 14 40 W.
    (3) The following facilities:

------------------------------------------------------------------------
                               Latitude (deg/min/    Longitude (deg/min/
         Observatory                  sec)                  sec)
------------------------------------------------------------------------
Allen Telescope Array.......  40 49 04 N            121 28 24 W
Arecibo Observatory.........  18 20 37 N            066 45 11 W
Green Bank Telescope (GBT)..  38 25 59 N            079 50 23 W
                             -------------------------------------------
Very Large Array (VLA)......  Rectangle between latitudes 33 58 22 N and
                                 34 14 56 N, and longitudes 107 24 40 W
                                            and 107 48 22 W
                             -------------------------------------------
Very Long Baseline Array
 (VLBA) Stations:
    Pie Town, NM............  34 18 04 N            108 07 09 W
    Kitt Peak, AZ...........  31 57 23 N            111 36 45 W
    Los Alamos, NM..........  35 46 30 N            106 14 44 W

[[Page 29247]]

 
    Ft. Davis, TX...........  30 38 06 N            103 56 41 W
    N. Liberty, IA..........  41 46 17 N            091 34 27 W
    Brewster, WA............  48 07 52 N            119 41 00 W
    Owens Valley, CA........  37 13 54 N            118 16 37 W
    St. Croix, VI...........  17 45 24 N            064 35 01 W
    Hancock, NH.............  42 56 01 N            071 59 12 W
    Mauna Kea, HI...........  19 48 05 N            155 27 20 W
------------------------------------------------------------------------


0
5. Section 15.713 is amended by adding paragraphs (b)(1)(ix) through 
(xi), removing paragraphs (b)(2)(ii) through (iv), redesignating 
paragraphs (b)(2)(v) through (vi) as paragraphs (b)(2)(ii) and (iii), 
and revising paragraph (e)(6) to read as follows:


Sec.  15.713  TV bands database.

* * * * *
    (b) * * *
    (1) * * *
    (ix) Class A television station receive sites.
    (x) Low power television station receive sites.
    (xi) Television translator station receive sites.
* * * * *
    (e) * * *
    (6) A fixed device with an antenna height above ground that exceeds 
30 meters or an antenna height above average terrain (HAAT) that 
exceeds 250 meters shall not be provided a list of available channels. 
The HAAT is to be calculated using computational software employing the 
methodology in Sec.  73.684(d) of this chapter.
* * * * *

0
6. Section 15.715 is amended by revising paragraph (c) and adding 
paragraph (m) to read as follows:


Sec.  15.715  TV bands database administrator.

* * * * *
    (c) Establish a process for registering fixed TVBDs and registering 
and including in the database facilities entitled to protection but not 
contained in a Commission database, including MVPD receive sites.
* * * * *
    (m) Provide a means to make all information the rules require the 
database to contain publicly available, including fixed TVBD 
registrations and voluntarily submitted protected entity information.

[FR Doc. 2012-11906 Filed 5-16-12; 8:45 am]
BILLING CODE 6712-01-P