[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Proposed Rules]
[Pages 38158-38171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15758]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 15-146; GN Docket No. 12-268; FCC 15-68]


Preserving Vacant Channels in the UHF Television Band for 
Unlicensed Use

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) provides notice and an opportunity to comment on its plan 
to preserve one vacant television channel in the UHF television band in 
each area of the United States for shared use by white space devices 
and wireless microphones. The Commission recognizes that, following the 
Incentive Auction and repacking of the television bands, there will 
likely be fewer unused television channels available for use by either 
unlicensed white space devices or wireless microphones. These devices 
are important to businesses and consumers, and the Commission therefore 
seeks to ensure their continued viability.

DATES: Comments due on or before August 3, 2015; reply comments due on 
or before August 31, 2015. Written comments on the proposed information 
collection requirements, subject to the Paperwork Reduction Act (PRA) 
of 1995, Pub. L. 104-13, should be submitted on or before August 31, 
2015.

ADDRESSES: You may submit comments, identified by MB Docket No. 15-146, 
GN Docket No. 12-268 and/or FCC 15-68, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail.) All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments with the Secretary, a copy of any 
PRA comments on the proposed collection requirements contained herein 
should be submitted to the Federal Communications Commission via email 
to [email protected] and to [email protected] and also to Nicholas A. 
Fraser, Office of Management and Budget, via email to 
[email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, [email protected] of 
the Media Bureau, Video Division, (202) 418-2324, and Paul Murray, 
[email protected] of the Office of

[[Page 38159]]

Engineering and Technology, (202) 418-0688. For additional information 
concerning the PRA information collection requirements contained in 
this document, contact Cathy Williams, Federal Communications 
Commission, at (202) 418-2918, or via email [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 15-68, adopted June 11, 2015, in MB 
Docket No. 15-146. The full text of this document is available for 
inspection and copying during regular business hours in the FCC 
Reference Center, 445 12th Street SW., Room CY-A257, Portals II, 
Washington, DC 20554. This document is available in alternative formats 
(computer diskette, large print, audio record, and Braille). Persons 
with disabilities who need documents in these formats may contact the 
FCC by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-
0432.

Paperwork Reduction Act of 1995 Analysis

    The NPRM contains proposed new or modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission seeks specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Synopsis of Notice of Proposed Rulemaking

    1. The current UHF television band consists of 228 megahertz of 
spectrum divided into 38 six megahertz channels (channels 14-51, except 
channel 37). These channels are allocated and assigned on a primary 
basis for the licensed full power and Class A broadcast television 
services. Other licensed broadcast-related users are permitted to 
operate on a secondary basis, including LPTV and TV translator 
stations, fixed BAS, and low power auxiliary stations (``LPAS''), 
including licensed wireless microphones. Unlicensed operations by white 
space devices and wireless microphones also are permitted to operate on 
these channels.
    2. In the Incentive Auction Report and Order, the Commission 
adopted rules to implement the broadcast television spectrum incentive 
auction. As discussed more fully in the Incentive Auction Report and 
Order, the incentive auction will affect the operations of primary, 
secondary, and unlicensed users operating in the current television 
bands. The Commission addressed the impact on each of these groups of 
users in various parts of the Incentive Auction Report and Order. With 
respect to white space devices and wireless microphones, the Commission 
took several steps to accommodate their operations.
    3. Both white space devices and wireless microphones (licensed and 
unlicensed) are permitted to operate in the TV bands on channels at 
locations where the spectrum has not been assigned for use by 
particular broadcast licensees (i.e., ``white spaces''). The rules and 
requirements for their operations differ, however. Licensed wireless 
microphones operate pursuant to the rules for LPAS operations set forth 
in part 74, subpart H, 47 CFR 74.801 et seq., while, as noted above, 
unlicensed wireless microphones operate pursuant to a 2010 waiver and 
certain part 15 rules. Unlicensed white space devices operate pursuant 
to part 15, subpart H rules. In the TV White Spaces Second MO&O adopted 
in 2010, the Commission established rules pursuant to which wireless 
microphone users and unlicensed white space device users currently have 
access to unused TV bands channels. In that order, the Commission 
provided that, where available, the two unused television channels 
nearest channel 37 (above and below) would be designated for wireless 
microphone operations and not be made available for white space 
devices. Pursuant to this order, white space devices are not permitted 
on the first channel on each side of TV channel 37 that is not occupied 
by a licensed service. In the Incentive Auction Report and Order, in 
anticipation of the repurposing of some TV band spectrum for wireless 
services and the decreased amount of TV band spectrum that would remain 
after repacking, the Commission concluded that following the incentive 
auction it should no longer continue to designate any unused television 
channel solely for use by wireless microphones, determining instead 
that any such channels should be made potentially available for white 
space device use as well.
    4. Furthermore, the Commission anticipated that at least one 
television channel in the UHF band in all (or nearly all) areas of the 
United States would not be assigned to a television station in the 
repacking process, because the separation between television stations 
will be necessary to avoid interference between primary broadcast 
stations in the final channel assignment process. The Commission noted 
that there may be a few areas with no spectrum available in the TV 
bands for wireless microphones and white space devices to share. 
Considering the important public interest benefits provided by both 
wireless microphones and white space devices, the Commission stated its 
intent, following notice and comment, to designate one channel in each 
area for shared use by wireless microphones and white space devices. 
The Commission stated that it sought to ``strike a balance between the 
interests of all users of the television bands,'' including secondary 
broadcast stations as well as wireless microphone and white space 
device operators, for access to the UHF TV spectrum.
    5. In this NPRM, the Commission seeks comment on preserving in each 
area of the country at least one vacant television channel for use by 
white space devices and wireless microphones after repacking. 
Recognizing that implementing this objective will preclude other uses 
of the preserved channel, in the first section below, the Commission 
tentatively concludes that it will preserve one vacant television 
channel for use by white space devices and wireless microphones. In the 
second section, the Commission seeks comment on which broadcast 
applicants proposing operations in the repacked UHF television band 
should be required to make a demonstration that their proposed new, 
displacement, or modified facility will not eliminate the last 
available vacant channel in an area. In the third section, the 
Commission proposes that the vacant channel preserved will be in the 
UHF band in the range of channel 21 and above, and that the specific 
vacant channel preserved will vary depending on the particular area. 
The Commission also proposes that vacant channel availability at a 
given location will be determined using the same criteria currently 
specified in Commission rules for determining where white space devices 
and wireless microphones can operate. In addition, the Commission 
proposes procedures and other details for the vacant channel 
demonstration.

Preserving One Vacant Television Channel for Use by White Space Devices 
and Wireless Microphones

    6. White space devices and wireless microphones provide significant 
public benefits. In the Incentive Auction Report

[[Page 38160]]

and Order, the Commission once again recognized the value of these 
important services. The Commission also found that operations of 
unlicensed devices under part 15 rules are an important part of our 
nation's communications capabilities, and have provided manufacturers 
and developers with the flexibility to devise a wide variety of 
innovative standards and devices, like WiFi and Bluetooth, which are 
thriving in bands that were formerly considered to be lacking 
significant commercial value. The Commission explained that it was 
taking actions to make available a significant amount of spectrum for 
white space device operations, including in the post-auction television 
bands, in order to help create certainty for the unlicensed industry 
and thereby promote greater innovation in new devices and services, 
including increased access to broadband services across the country. 
The Commission also found that ``[w]ireless microphones provide many 
important functions that serve the public interest'' by playing ``an 
essential role in enabling broadcasters and other video programming 
networks to serve consumers,'' by ``significantly enhanc[ing] event 
productions in a variety of settings,'' and by ``creating high quality 
content that consumers demand and value, and contribut[ing] 
substantially to our economy.'' After the incentive auction and 
repacking of the television bands, however, there will be fewer unused 
television channels available for use by white space devices and 
wireless microphones, although the Commission anticipated that there 
will be at least one channel in the UHF band in all areas that is not 
assigned to a television station in the repacking process. The 
Commission tentatively concludes that preserving a vacant channel in 
every area for use by white space devices and wireless microphones will 
ensure that the public continues to have access across the nation to 
the significant benefits described above, consistent with its intent to 
strike ``a balance between the interests of all users of the television 
bands, including secondary broadcast stations as well as [white space] 
devices and wireless microphones, for access to the UHF TV spectrum.'' 
In the part 15 NPRM, the Commission also stated that ``[s]uch a channel 
would simply appear in the white spaces database as vacant and would 
therefore be available for white space devices under the existing rules 
as well as any new or modified rules it adopts in [the part 15] 
proceeding.''
    7. The Commission believes that its proposal, implemented as 
proposed below, will not significantly burden broadcast applicants in 
terms of either the continued availability of channels in all areas or 
the administrative burdens of compliance. After the final channel 
assignments are made following the incentive auction, multiple vacant 
channels will exist in most areas as a result of the co- and adjacent-
channel separation requirements necessary to protect primary broadcast 
stations from interference from each other. The 100 repacking 
simulation results previously published by Commission staff show that 
the areas encompassing the vast majority of population across the 
country would have at least two vacant channels available. The 
Commission arrives at this conclusion by examining spectrum 
availability for white space devices using the limited channel range 
where both wireless microphones and personal portable devices can 
operate under current rules. In the part 15 NPRM the Commission 
proposed to permit white space devices to operate on additional TV 
channels, thus resulting in multiple vacant channels being available in 
areas encompassing the vast majority of population across the country. 
In any event, the effect of its proposal would be to reduce by only one 
the total number of vacant channels that would otherwise be available 
in an area. Therefore, the impact on broadcast applicants, including 
LPTV and TV translator stations, in terms of the availability of 
channels for future use, will be limited because multiple vacant 
channels will still exist in all or most markets as a consequence of 
the need to avoid interference between primary broadcast stations in 
the incentive auction final channel assignment process. Of course, the 
impact in a given area will depend on the number of such applicants 
[and the nature of their applications] as well as on the overall 
availability of vacant channels after repacking and the 39-month post-
auction transition period. In some areas, independent of the 
Commission's proposal here, the number of vacant channels may be 
reduced as a result of these factors. In addition, the Commission's 
proposed plan involves a streamlined method for broadcast applicants to 
determine quickly the impact that facilities they intend to propose 
will have on the continued availability of vacant channels. As 
discussed in more detail below in Section III. C. 2., broadcast 
applicants may contact one of the existing databases used to identify 
available channels for part 15 white space devices (``white spaces 
database'') to determine compliance with the Commission's proposed 
rules, and thus the vacant channel demonstration would not impose a 
significant burden. The Commission seeks comment on the cost of 
complying with the proposed requirement to make a vacant channel 
demonstration and how it may affect broadcast applicants' future 
service or technical plans.

Applicants Required To Make a Vacant Channel Demonstration

    8. In this section, the Commission seeks comment on which broadcast 
applicants proposing operations in the repacked UHF television band 
should be required to make a demonstration that their proposed new, 
displacement, or modified facility will not eliminate the last 
available vacant UHF channel in an area for use by white space devices 
and wireless microphones. Specifically the Commission (1) tentatively 
concludes that applicants for LPTV, TV translator, and BAS facilities 
should be required to make the demonstration commencing with the post-
auction displacement filing window for operating LPTV and TV translator 
stations; (2) tentatively concludes that the vacant channel 
demonstration requirement should not apply to applications for 
modification of Class A television stations filed during the 39-month 
Post-Auction Transition Period, but that it should apply to such 
applications filed after the end of this period; and (3) tentatively 
concludes that the vacant channel demonstration should not apply to 
applications for modified full power television station licenses filed 
during the 39-month Post-Auction Transition Period and seek comment on 
whether it should apply to full power modification applications filed 
after the end of this period and in full power allotment proceedings.

LPTV, TV Translators, and BAS

    9. The Commission tentatively concludes that applicants for LPTV, 
TV translator, and BAS facilities should be required to demonstrate 
that their proposed new, displacement, or modified facilities would not 
eliminate the last available vacant television channel in an area for 
use by white space devices and wireless microphones. In the Incentive 
Auction Report and Order, the Commission declined to extend repacking 
protection to the more than 5,500 licensed secondary LPTV and TV 
translator stations. Following the release of the Incentive Auction 
Report and Order, the Media Bureau announced a freeze on the filing of 
digital replacement translator (``DRT'') and displacement applications 
for LPTV and TV translator stations. After the auction, the Media

[[Page 38161]]

Bureau will announce a limited application filing window for operating 
LPTV and TV translator stations displaced by the repacking and 
reallocation of the television bands. The Commission proposes that 
these stations will be required to demonstrate that the proposed 
displacement facilities would not eliminate the last remaining vacant 
channel in the repacked television band in an area; applications that 
do not comply with this requirement will be dismissed.
    10. The Commission believes it appropriate to require LPTV and TV 
translator stations displaced by the incentive auction and repacking to 
engineer their proposed replacement facilities so as not to eliminate a 
sole remaining vacant channel in an area for shared use by white space 
devices and wireless microphones. The Commission also notes that it 
recently released a notice of proposed rulemaking seeking comment on 
ways to preserve the availability of channel access for LPTV and TV 
translator stations in the repacked television band through such means 
as channel sharing. Channel sharing could help ensure that displaced 
stations can find opportunities for sharing available channel(s) in the 
repacked band in order to provide their services. Because LPTV and TV 
translator stations' coverage areas are significantly smaller than a 
full power television station, these stations can engineer facilities 
in the unused spectrum between full power stations, and their proposals 
thus are more likely than those of full power stations to eliminate 
vacant channels. Moreover, the Commission anticipates that most 
displaced LPTV and TV translator stations will file applications in 
this post-auction displacement window. Thus, were the Commission not to 
require these stations to consider vacant channel availability in 
engineering their displacement facilities, its goal of preserving one 
vacant channel in all areas for shared use by white space devices and 
wireless microphones would be undermined. For the same reason, the 
Commission also proposes to apply the vacant channel demonstration to 
all non-displacement LPTV and TV translator applications, i.e., 
applications for modified facilities or new channels, and any BAS 
applications, filed on or after the Media Bureau's announcement of the 
limited application filing window for LPTV and TV translator 
displacement applications.
    11. The Commission seeks comment on whether the proposed vacant 
channel demonstration should apply to displaced digital replacement 
translator (``DRT'') stations. This service was established to assist 
full power stations transitioning from analog to digital to restore 
service to portions of a station's existing analog service area that 
would no longer be able to receive service after the transition. While 
the Commission declined to protect DRTs in repacking, it afforded DRT 
displacement applications priority over other LPTV and TV translator 
displacement applications in cases of mutual exclusivity in order to 
mitigate the potential impact of the repacking process on DRTs. Should 
the Commission similarly seek to mitigate the impact of its proposed 
vacant channel demonstration requirement on displaced DRTs beyond the 
potential for a waiver and, if so, how? Displaced DRTs could seek a 
waiver of the proposed rules based on the Commission's standard waiver 
criteria. Section 1.3 of the rules states that a waiver will be granted 
if ``good cause'' is shown. The Commission may exercise its discretion 
to waive a rule where the particular facts make strict compliance 
inconsistent with the public interest. In addition, the Commission may 
take into account considerations of hardship, equity, or more effective 
implementation of overall policy on an individual basis. Waiver of the 
Commission's rules is appropriate only if both (i) special 
circumstances warrant a deviation from the general rule, and (ii) such 
deviation will serve the public interest. Additionally, what would be 
the effect of such an exemption on the nationwide availability of a 
vacant channel for wireless microphones and unlicensed white space 
devices? The Commission notes that it has also proposed to establish a 
new ``digital-to-digital'' replacement translator service, similar to 
the DRT service, which will allow eligible full power stations to 
recover lost digital service area that may result from the reverse 
auction and repacking process. If the Commission establishes this new 
translator service, it tentatively concludes to treat this service the 
same as DRTs for purposes of application of the vacant channel 
demonstration.
    12. The Commission's proposal that LPTV and TV translator stations 
demonstrate in their displacement applications that the proposed 
facility will not eliminate the last available vacant channel in any 
area may result in a new type of conflict that would prevent the 
Commission from granting certain applications. Under the Commission's 
existing rules, applications are considered mutually exclusive if they 
cannot be granted without causing interference to each other, and 
mutually exclusive applications generally are resolved through an 
auction. The Communications Act, however, provides that the Commission 
shall use engineering solutions, negotiations, threshold 
qualifications, service regulations and other means to avoid mutual 
exclusivity where the Commission determines that doing so would serve 
the public interest. During the displacement window, it is possible 
that two (or more) stations operating in the same vicinity could file 
applications for facilities that would not cause such interference but 
that nonetheless cannot be granted because together they would 
eliminate the last available vacant channel in an area for use by white 
space devices and wireless microphones. All displacement applications 
submitted during the limited application filing window will be 
considered filed on the last day of the window. Accordingly, 
displacement applications filed later in the window are not required to 
consider the displacement proposals in applications filed earlier in 
the window. At the close of the window, the Commission staff would make 
mutual exclusivity determinations. Under these circumstances, the 
Commission tentatively concludes that these applications would be 
mutually exclusive under Sec.  73.5000(a) of the rules and subject to 
competitive bidding if the mutual exclusivity is not resolved by the 
applicants.
    13. In addition, the Commission seeks comment on whether LPTV and 
TV translator displacement applications (including those filed in the 
post-incentive auction displacement window) should be allowed to 
``displace'' pending applications for new, or minor changes to, LPTV 
and TV translator stations for purposes of satisfying the vacant 
channel demonstration. Under the Commission's current rules, when an 
LPTV or TV translator displacement application is filed, it may propose 
causing interference to and ``displace'' a pending application for new 
or minor change to an LPTV or TV translator station. It is possible 
that a LPTV or TV translator displacement application that is filed for 
a new channel but is treated as a minor change would not be predicted 
to cause interference to a pending new or minor change application, but 
the displacement application, if granted, would eliminate the last 
remaining vacant channel in an area. The Commission proposes to 
preserve one channel in each area even in these circumstances. In order 
to

[[Page 38162]]

accomplish that, in this scenario, should the Commission allow the 
displacement applicant to satisfy the vacant channel demonstration by 
proposing that the channel specified in the pending new or minor change 
application serve as the vacant channel? In other words, should the 
displacement applicant be allowed to ``displace'' the pending new or 
minor change application for purposes of the vacant channel 
demonstration? In that case, the new or minor change application would 
be dismissed. The Commission seeks comment on this issue as well as how 
to choose between applications to be displaced in the situation where 
there is more than one pending new or minor change application that, if 
displaced, could satisfy the vacant channel demonstration.
    14. The Commission tentatively concludes that it has authority to 
adopt the proposals outlined above. As discussed above, the Commission 
tentatively concludes that preserving a vacant channel in every area 
for use by white space devices and wireless microphones will serve the 
public interest by ensuring continued access across the nation to the 
significant benefits provided by white space devices and wireless 
microphones without significantly burdening broadcast applicants. 
Moreover, because the proposed new, displacement, or modified 
facilities of LPTV, TV translator and BAS applicants are more likely 
than those of full power stations to eliminate vacant channels, 
requiring such applicants to demonstrate that their proposed facilities 
would not eliminate the last available vacant channel in an area will 
advance the Commission's goal of preserving a vacant channel in all 
areas for shared use by white space devices and wireless microphones. 
The Commission seeks comment on this tentative conclusion. In addition, 
Title III of the Communications Act of 1934, as amended, ``endow[s] the 
Commission with expansive powers,'' including ``broad authority to 
manage spectrum . . . in the public interest.'' Determinations with 
respect to spectrum management policy (including allocation and 
assignment policies) have long been recognized to be precisely the sort 
that Congress intended to leave to the broad discretion of the 
Commission under section 303 of the Communications Act. The Commission 
also tentatively concludes that its proposal to preserve a vacant 
channel for use by white space devices and wireless microphones in all 
areas is consistent with, and not in contravention of, section 6403(b) 
of the Spectrum Act, which provides for the UHF band reorganization. 
The Commission recognizes that section 6403(b)(5) of the Spectrum Act 
provides that ``[n]othing in [section 6403(b)] shall be construed to 
alter the spectrum usage rights of low-power television stations,'' but 
section 6403(b)(5) does not affect the Commission's broad authority 
outside of section 6403(b) to manage spectrum in the public interest, 
which provides the legal basis for the actions the Commission proposes 
in this NPRM. To the contrary, section 6403(i)(1) preserves that 
authority by stating that nothing in section 6403(b) ``shall be 
construed to . . . expand or contract the authority of the Commission, 
except as otherwise expressly provided.'' There is no express provision 
in section 6403(b) prohibiting the Commission from requiring LPTV and 
TV translator stations to consider how their proposed new, 
displacement, or modified facilities will impact the availability of 
vacant channels for white space devices and wireless microphones. 
Moreover, section 6403(i)(2) states that nothing in section 6403(b) 
``shall be construed to . . . prevent the implementation of the 
Commission's `White Spaces' Second Report and Order . . . in the 
spectrum that remains allocated for broadcast television use after the 
reorganization required by'' section 6403(b). The Commission's 
proposals in this NPRM will ensure that white space devices and 
wireless microphones continue to have access to unused TV bands 
channels, consistent with the TV White Spaces Second Report and Order.
    15. The Commission acknowledges that its proposal to require LPTV 
and TV translator stations to demonstrate that their proposed 
operations will not eliminate the last remaining vacant channel 
diverges to a limited extent from prior Commission decisions stating 
that future use of the TV bands by primary and secondary broadcast 
users has priority over wireless microphones and white space devices. 
As discussed above, however, there will be fewer unused television 
channels for white space devices and wireless microphones after the 
incentive auction and repacking of the television band, and the 
Commission seeks to ensure that the public does not lose access to the 
significant benefits of wireless microphones and white space devices. 
Moreover, the Commission believes that the impact of its proposal on 
LPTV and TV translator stations will be limited in terms of both the 
availability of channels for future use and the administrative burdens 
involved. Accordingly, the Commission tentatively concludes that a 
limited departure is warranted from prior FCC decisions granting 
secondary LPTV and TV translator station users priority to use of the 
TV bands over white space devices and wireless microphone users in all 
circumstances. The Commission seeks comment on this analysis.

Modifications of Class A Television Stations

    16. The Commission tentatively concludes that the vacant channel 
demonstration requirement should not apply to applications for 
modification of Class A television stations filed during the 39-month 
Post-Auction Transition Period, but that it should apply to such 
applications filed after the end of this period. Exempting Class A 
stations from the vacant channel demonstration during the transition 
period will facilitate a rapid, non-disruptive transition by maximizing 
Class A television stations' flexibility to propose expanded facilities 
and alternative channels. As a practical matter, moreover, Class A 
stations that are reassigned in the incentive auction will not be able 
to determine the availability of vacant channels for purposes of the 
vacant channel demonstration until full power and Class A stations 
assigned to new channels are able to obtain their initial 
authorizations. In addition, imposing the requirement would delay the 
filing of applications for alternate channels and expanded facilities 
by Class A television stations until final data on vacant channels are 
available, thereby impeding the goal of a rapid and non-disruptive 600 
MHz band transition for these stations, and undermining their ability 
to obtain reimbursement of eligible costs within the statutory three-
year reimbursement period.
    17. In addition to exempting Class A stations that were assigned a 
new channel in the reverse auction or repacking process, the Commission 
also tentatively concludes that the vacant channel demonstration 
requirement should not apply to applications for modification filed 
during the 39-month Post-Auction Transition Period by Class A stations 
that were not assigned a new channel. The Commission anticipates that, 
in some markets, a number of stations will coordinate modifications to 
their facilities to improve service to the public, and/or facilitate 
the transition, and that not all stations participating in the 
coordinated effort will have been assigned new channels. Thus, 
requiring non-reassigned stations to make a vacant channel 
demonstration during the Post-Auction Transition Period likewise could 
undermine the flexibility

[[Page 38163]]

needed for a rapid, non-disruptive transition.
    18. The Commission seeks comment on whether out-of-core Class A-
eligible LPTV stations that did not file for a Class A license until 
after February 22, 2012 should be subject to the vacant channel 
demonstration requirement. In the Incentive Auction Report and Order, 
the Commission declined to protect such stations in the repacking 
process, even if their Class A license applications are granted before 
the auction. Although these stations would not be protected in the 
repacking process, the Commission stated that these stations, if 
displaced, would be permitted to file a displacement application for a 
new channel during one of the filing opportunities for reassigned full 
power and Class A stations to file for alternate channels.
    19. The Commission tentatively concludes that the vacant channel 
demonstration requirement should apply to Class A television station 
modification applications filed after the end of the Post-Auction 
Transition Period. The transition-related concerns noted above should 
no longer be an obstacle after the end of the transition. Moreover, as 
compared to full power stations, a proposed modification of a Class A 
station has increased potential to impact the availability of the last 
remaining vacant channel in an area. While full power stations may 
radiate up to 1000 kilowatts power, Class A stations may radiate only 
at a maximum operating power of 15 kilowatts, the same as for LPTV and 
TV translator stations. Because their coverage areas, like those of 
LPTV and TV translator stations, are significantly smaller than those 
of full power television stations, these low power stations can 
engineer facilities in the unused spectrum between full power stations. 
Thus, the Commission believes that exempting post-transition Class A 
television station modification applications from the vacant channel 
demonstration is not warranted to accomplish its post-auction 
transition goals and would unduly impede its goal of preserving a 
vacant channel for white space devices and wireless microphones. The 
Commission recognizes that some Class A television stations with 
construction deadlines at or near the end of the transition may 
discover after the 39-month deadline that they need to make further 
modifications to their repacked facilities in order to continue serving 
their viewers. The Commission seeks comment whether such stations 
should be allowed not to make the vacant channel demonstration if they 
instead make a showing that the modification is necessary to preserve 
their coverage area and population served and is necessitated by 
circumstances that were unforeseeable and outside of the stations' 
control. The Commission seeks comment on other alternatives as well.
    20. The Commission tentatively concludes that it has authority to 
adopt the foregoing proposals related to Class A stations. As discussed 
above, the Commission has broad authority to manage spectrum in the 
public interest, including the actions it proposes in this NPRM to 
preserve a vacant channel for white space devices and wireless 
microphones. The Commission also notes that, unlike with LPTV and TV 
translators, section 6403(b)(5) has no bearing on Class A stations. 
Section 6403(b)(5) provides that ``[n]othing in [section 6403(b)] shall 
be construed to alter the spectrum usage rights of low-power television 
stations.'' The Spectrum Act categorizes Class A stations as 
``broadcast television licensees,'' not as low-power television 
stations. The Commission seeks comment on this analysis.
    21. The Commission also seeks comment on whether to amend its rules 
to permit Class A television stations to displace previously authorized 
or proposed LPTV and TV translator stations where necessary to satisfy 
the vacant channel demonstration requirement. Section 336(f)(7)(B) of 
the Communications Act provides that a Class A station may not cause 
``interference'' to a previously authorized or proposed LPTV or TV 
translator station. Section 336(f)(7)(B) provides that the Commission 
may not grant a Class A license or approve a Class A license 
modification unless the applicant or licensee shows that it ``will not 
cause . . . interference'' within the protected contour of any LPTV or 
TV translator station that was licensed prior to the date on which the 
application was filed, was authorized by construction permit prior to 
such date, or had a pending application submitted prior to such date. 
The Commission's interference prediction analysis is based on 
interference thresholds (D/U signal strength ratios) using OET-69 
methodology. It is possible that a proposed Class A modification would 
comply with this requirement because it would not cause 
``interference'' to a previously authorized or proposed LPTV or TV 
translator facility, but it would eliminate the last remaining vacant 
channel in an area. Under such circumstances, should the Commission 
amend its rules to allow a Class A modification proposal to displace an 
LPTV or TV translator station in order to preserve a vacant channel in 
an area for use by white space devices and wireless microphones? The 
Commission also seeks comment on how to choose between LPTV or TV 
translator stations to be displaced in a situation where there is more 
than one LPTV or TV translator station that, if displaced, would 
satisfy the vacant channel demonstration.

Full Power Television Stations

    22. The Commission tentatively concludes that the vacant channel 
demonstration should not apply to applications for modified full power 
television station licenses filed during the 39-month Post-Auction 
Transition Period, but seeks comment on whether it should apply to full 
power modification applications filed after the end of this period. The 
Commission also seeks comment on whether the vacant channel 
demonstration should apply to full power allotment proceedings.

Modifications

    23. The Commission believes that there is only a small likelihood 
that a proposal by a full power licensee to modify its facilities that 
complies with the Commission's technical rules would eliminate the last 
remaining vacant channel in an area. Due to engineering reasons, there 
may be a few areas in the country that will not have a vacant channel 
after repacking. In order to avoid interference to co- and adjacent 
channel stations, full power stations must comply with certain 
technical provisions which prevent the operation of a full power 
television station on certain channels in geographic areas. Because the 
Spectrum Act requires the Commission in reorganizing the television 
bands to ``make all reasonable efforts to preserve, as of [February 22, 
2012], the coverage area and population served of'' full power 
television stations, these vacant channels will continue to be 
necessary after repacking to avoid interference between full power 
television stations. Moreover, in many areas of the country, channels 
that were technically available for television use were never allotted 
to communities for such use and are thus vacant.
    24. The Commission tentatively concludes that the vacant channel 
demonstration requirement should not apply to applications for modified 
full power television station licenses filed during the 39-month Post-
Auction Transition Period, including modification applications filed by 
stations that were not assigned a new channel in the reverse auction or 
repacking process. As discussed above in connection with Class A 
stations, exempting full power stations from the

[[Page 38164]]

vacant channel demonstration during the transition period will 
facilitate a rapid, non-disruptive transition by maximizing stations' 
flexibility to propose expanded facilities and alternative channels, as 
well as by permitting stations to coordinate modification of 
facilities. In addition, as with Class A stations, applying the 
proposed requirement to full power stations would delay their filing of 
applications for alternate channels and expanded facilities until final 
data on vacant channels is available, thereby impeding the goal of a 
rapid and non-disruptive 600 MHz band transition, and undermining their 
ability to obtain reimbursement of eligible costs within the statutory 
three-year reimbursement period.
    25. The Commission seeks comment on whether the vacant channel 
demonstration should apply to full power television station 
modification applications filed after the end of the Post-Auction 
Transition Period. On one hand, the transition-related concerns noted 
above will no longer apply. On the other hand, the Commission 
recognizes full power television may need to modify their facilities 
from time to time in order to continue to serve their viewers. 
Additionally, unlike with Class A stations, there appears to be only a 
small likelihood that a full power television station modification 
would eliminate the last remaining vacant channel in an area, calling 
into question the need for the vacant channel demonstration with 
respect to full power modifications. Accordingly, the Commission seeks 
comment on the benefits of applying the required demonstration to post-
transition full power television station modification applications and 
whether these benefits outweigh the burdens. The Commission recognizes 
that some full power television stations with construction deadlines at 
or near the end of the transition may discover after the 39-month 
deadline that they need to make further modifications to their repacked 
facilities in order to continue serving their viewers. The Commission 
seeks comment whether such stations should be allowed not to make the 
vacant channel demonstration if they instead make a showing that the 
modification is necessary to preserve their coverage area and 
population served and is necessitated by circumstances that were 
unforeseeable and outside of the stations' control. The Commission 
seeks comment on other alternatives as well. The Commission also seeks 
comment on whether the its broad Title III spectrum management 
authority encompasses the discretion to apply the vacant channel 
demonstration requirement to full power television station modification 
applications filed after the end of the Post-Auction Transition Period.

Allotment Proceedings

    26. The Commission seeks comment on whether, with the exception 
discussed below, to require the vacant channel demonstration for full 
power allotment proceedings. There is presently a freeze on the filing 
of rulemaking petitions to change channels within the DTV Table of 
Allotments, to drop in new allotments, to swap channels among two or 
more licensees, or to change communities of license. The Commission 
anticipates that, after repacking, the Media Bureau will lift filing 
freezes that are now in place. Future allotment proceedings would 
propose a primary use in the television bands. Unlike proposed full 
power modifications, however, there is a reasonable likelihood that 
some of these proposed allotments could have a significant impact on 
vacant channel availability. For example, a proposal to drop in a new 
full power television channel could eliminate at least one vacant 
channel in a large geographic area. Similarly, a change of community of 
license could permit the licensee to move its transmission facilities 
in such a way as to significantly change its coverage contour. Channel 
changes and channel swaps appear to present less potential to affect 
vacant channel availability. Unless a station proposes to move from 
below channel 21 to channel 21 or above, it is unlikely that a petition 
to change channels would have an impact on vacant channel availability, 
since the channel proposed to be relinquished would become vacant. 
Similarly, in the case of a channel swap between stations, the channel 
being swapped would become vacant in each station's service area. The 
Commission seeks comment on whether the petitioner should be required 
to demonstrate that the any of these allotment proposals would not 
eliminate the last remaining vacant channel.
    27. At the same time, the Commission recognizes that there could be 
allotment proposals that are a direct result of certain discontinuances 
of service after the auction. For example, although the Commission 
believes it unlikely, there may be limited circumstances in which a 
community or area loses broadcast service from all of its noncommercial 
educational stations. The Commission stated previously in the Incentive 
Auction Report and Order that it would consider appropriate actions to 
address service losses after the auction. The Commission has adopted 
television allotment policies to implement the goals underlying section 
307(b). If it decides to require the vacant channel demonstration for 
full power allotment proceedings generally, it may be appropriate to 
make an exception for rulemaking proceedings to allot a reserved 
noncommercial educational channel to a community that has lost all 
noncommercial educational full power television service as a result of 
the auction. The Commission also seeks comment on whether it should 
have a similar exception for commercial allotments in the event a 
community has lost all of its commercial full power television service 
as a result of the auction. The Commission seeks comment on this issue.

Procedures for Identifying Channels Available for Use by White Space 
Devices and Wireless Microphones

    28. The Commission seeks comment below on procedures for 
identifying which channels and which specific areas it will use for 
ensuring the availability of at least one vacant channel for use by 
white space devices and wireless microphones.

Suitable Channels for Preservation

    29. The Commission proposes to preserve the availability of UHF 
channels in the range of Channel 21 and above for use by white space 
devices and wireless microphones. Fixed white space devices may operate 
only when both adjacent TV channels are vacant, meaning they need three 
contiguous vacant channels to operate. However, personal/portable 
devices may operate at locations where both adjacent TV channels are 
occupied if their power does not exceed 40 milliwatts Under its 
proposal, the channel preserved would not be the same nationwide or 
even through a DMA, but instead would vary depending on the repacked 
television operations in the UHF band in each area. In particular, the 
Commission is not proposing to designate a particular TV channel in 
each area for shared use after repacking. Rather, the procedures the 
Commission proposes will ensure that at least one TV channel in each 
area remains unused by broadcast or BAS licensees, and thereby is 
preserved and available for shared use by white space devices and 
wireless microphones.
    30. Although white space devices and wireless microphones may 
operate on any UHF-TV channel, under the current rules personal/
portable white space devices can operate only on Channels 21 and above. 
In addition, the current rules prohibit fixed white space device

[[Page 38165]]

operation within the protected contour of an adjacent TV channel. In 
the recent part 15 NPRM, the Commission proposed to permit personal/
portable white space devices to operate on Channels 14-20. In addition, 
the Commission proposed to allow fixed white space devices to operate 
within the protected contour of an adjacent TV channel if they use an 
operating power of 40 milliwatts or less, thereby allowing fixed 
devices to operate on more channels above and below channel 21. Should 
the Commission adopt the proposals in the part 15 NPRM to expand 
available frequencies for white space device operation, the Commission 
would want the preservation of the last remaining channel to apply to 
Channels 14 and above where white space devices and wireless 
microphones may operate and the Commission seeks comment on this 
alternative approach.

Demonstration of Compliance

    31. In this section, the Commission proposes the procedures and 
other details for the required demonstration that proposed operations 
in the repacked UHF television band will not eliminate the last 
available vacant UHF channel in an area for use by white space devices 
and wireless microphones. These procedures would apply only to 
applications for broadcast or BAS stations for those channels to which 
the demonstration requirement applies as decided by the Commission in 
this proceeding. In the case of applications for broadcast stations, a 
party wishing to construct a new, displacement, or modified station on 
one of these channels would generally follow the current procedures 
used in planning and applying for a broadcast station. That is, the 
party would perform a technical study based on the Commission's 
requirements (e.g., separation from TV station contours) to determine 
channel availability and the other operating parameters for the 
proposed facility (e.g., transmitter location, effective radiated 
power, antenna height and directionality). Once the proposed channel 
and operating parameters are determined, the applicant would calculate 
the service contour for a proposed TV or LPTV station facility based on 
these parameters. In the case of BAS stations, the applicant would 
determine its protected area in accordance with the requirements of 
Sec.  15.712(c), instead of a service contour. White space devices 
protect fixed BAS station receive sites by avoiding co-channel and 
adjacent channel operation within keyhole-shaped exclusion zones. These 
zones are defined by an arc of 30 degrees from a line 
between the BAS receive site and its associated permanent transmitter 
within a distance of 80 kilometers from the receive site for co-channel 
operation and 20 kilometers for adjacent channel operation. Outside 
this 30 degree arc, white space devices may not operate 
within eight kilometers from the receive site for co-channel operation 
and two kilometers from the receive site for adjacent channel 
operation. Wireless microphones are not prohibited from operating in 
these exclusion zones.
    32. In addition to following the above-stated procedures under the 
Commission's current rules, the Commission proposes that the applicant 
perform an analysis and submit a showing with its application 
demonstrating that white space devices and wireless microphones 
operating within the same area as the proposed broadcast or BAS station 
will have access to at least one channel throughout the applicant's 
proposed protected service area, as described in more detail below, 
although it need not be the same channel in all locations within that 
area. Under current rules, white space devices and wireless microphones 
must meet certain criteria to protect broadcast stations, other 
authorized services, and certain receive sites in the TV bands, and 
application of these rules defines the vacant channels in their 
operating area that are available for their use. These rules form the 
foundation of the proposed methodology the Commission describes in more 
detail below that the applicant would use for making the vacant channel 
determination.

Criteria for Determining Vacant Channel Availability at a Given 
Location

    33. The Commission proposes that vacant channel availability at a 
given location be determined using the same criteria currently 
specified in Commission rules for determining where wireless 
microphones and white space devices can operate. Specifically, the 
Commission proposes that a channel be considered available if it can 
accommodate wireless microphones and 40 milliwatt personal/portable 
devices operating in a manner that meets the Commission's existing 
rules for protecting co-channel TV stations, other authorized services, 
and certain receive sites in the TV bands. Pursuant to Sec. Sec.  
15.712(a)(2) and 74.802(b)(1), 40 milliwatt personal/portable white 
space devices and wireless microphones must meet the same protection 
criteria with respect to protecting co-channel TV stations (four 
kilometers outside of the station's protected contours). Personal/
portable white space devices operating at this power level can operate 
within the service contours of adjacent channel TV stations, thus 
allowing their operation at locations where there is only a single 
available channel. Personal/portable devices and fixed devices with a 
low antenna height (less than three meters height above average terrain 
(HAAT)) must operate at least four kilometers outside the protected 
contour of co-channel TV stations. Fixed devices operating with higher 
antenna heights must comply with greater co-channel separation 
distances, and all fixed devices, as well as personal/portable devices 
operating at greater than 40 milliwatts, must comply with adjacent 
channel separation distances as well. The requirement to comply with 
adjacent channel separation distances means that all fixed devices and 
personal/portable devices with a power level greater than 40 milliwatts 
may operate only at locations where there are three contiguous vacant 
TV channels, while personal/portable devices operating at 40 milliwatts 
need only a single available channel. Specifically, the Commission 
proposes that broadcast applicants required to make a vacant channel 
demonstration must show that, at a minimum, 40 milliwatt personal/
portable white space devices and wireless microphones could operate 
anywhere within the applicant's proposed protected area (i.e., after 
accounting for the proposed broadcast or BAS operations, there is at 
least one channel at all locations within the broadcast or BAS 
station's proposed protected area that meets the protection criteria 
for co-channel TV stations, other authorized services and certain 
receive sites in the TV bands).
    34. In the part 15 NPRM, the Commission proposed to reduce the 
required separation distance between 40 milliwatt personal/portable 
devices and co-channel TV service contours from four kilometers to 1.3 
kilometers. The Commission also proposed to apply this separation 
distance to 40 milliwatt fixed devices with an antenna HAAT of less 
than three meters. It also sought comment on whether the Commission 
should reduce the separation distance between wireless microphones and 
co-channel TV service contours from four kilometers to 1.3 kilometers. 
Should the Commission adopt these proposals, it seeks comment on 
whether it should also reduce the size of the protection zone for co-
channel TV stations by the same amount when performing a vacant channel 
demonstration.
    35. In addition to protecting TV service, the part 15 rules require 
that white space devices protect certain other services in the TV 
bands,

[[Page 38166]]

including the PLMRS/CMRS, MVPD and low power TV receive sites, fixed 
BAS links, and wireless microphone operations at specified times/
locations when registered in the databases. The protection distances 
for wireless microphones are one kilometer from fixed white space 
devices, and 400 meters from personal/portable white space devices. 
Because wireless microphones and temporary BAS operations operate only 
for limited periods of time at any given location, the Commission 
believes that it is appropriate to exclude those stations registered in 
the white spaces database from the vacant channel analysis. Thus, the 
Commission proposes that broadcast applicants need not consider 
wireless microphone operations or temporary BAS stations registered in 
the white spaces database when determining if their proposed operations 
preserve a channel for wireless microphone and white space devices.
    36. The Commission also seeks comment on whether it should consider 
white space devices other than 40 milliwatt personal/portable devices 
in preserving a vacant channel. For example, should the Commission base 
the analysis on preserving a vacant channel for fixed devices or higher 
power (100 milliwatt) personal/portable devices as well? If so, what 
fixed device HAATs should the Commission consider, and how would this 
affect the availability of spectrum for broadcast and BAS stations, 
since an analysis would have to consider adjacent channel spectrum use?

Methodology for Determining the Availability of a Vacant Channel in a 
Particular Area

    37. New and Displaced Broadcast Stations. The Commission proposes 
that each applicant for a new or displaced TV or LPTV station required 
to make a vacant channel demonstration must demonstrate that, within 
its proposed protected area, at least one channel other than its 
desired channel would be available for white space device and wireless 
microphone use, as defined above. The same channel need not be 
available in all locations within a station's proposed protected area. 
This analysis must take into account the part 74 and part 15 criteria 
that white space devices and wireless microphones must meet to protect 
other co-channel broadcast and other services located close by, as 
discussed above.
    38. Under the Commission's proposed approach, applicants could use 
the white spaces databases to determine whether at least one channel 
would remain available for white space devices and wireless microphones 
within a station's proposed protected area. The white spaces databases 
are designed to provide lists of available channels that can be used by 
a white space device at the device's specific geographic coordinates 
(i.e., a single point). A white space device must contact a database to 
obtain a list of available channels before transmitting and must 
contact a database at least once per day thereafter to ensure that its 
operating channel continues to remain available. The co-channel 
television protection requirements for wireless microphones are the 
same as for 40 milliwatt personal/portable white space devices, so a 
channel that the white spaces database indicates as being available for 
40 milliwatt personal/portable white space devices will also be 
available for wireless microphones. Because the white space databases 
provide lists of available channels for one point at a time rather than 
over a defined area, the Commission is proposing a procedure that will 
allow an applicant to determine channel availability over an area by 
using channel lists for individual points within its proposed protected 
area of operations.
    39. Specifically, the Commission proposes that the availability of 
channels for white space devices and wireless microphones be determined 
by using the white spaces databases to analyze a single point within 
each individual two-by-two kilometer cell of a grid that covers the 
entire proposed protected area of operations. An example of a grid is 
shown in Figure 1 below. The Commission proposes a two kilometer grid 
size as a balance between minimizing the number of individual points 
that must be analyzed and ensuring that the analysis is sufficiently 
detailed so as not to miss locations where no vacant channel is 
available. A larger grid size reduces the number of points that must be 
analyzed, while a smaller grid size increases the number of points. 
Also, a two kilometer grid size is consistent with the methodology the 
Commission has used for evaluating TV coverage and interference. The 
Commission notes, however, that in its 2004 Report and Order adopting 
the digital rules for LPTV, TV translator and Class A stations, it 
concluded that use of a 1 square kilometer grid resolution should be 
the maximum permitted in evaluating the interference to Class A, LPTV 
and TV translator facilities, whose smaller service area require a 
finer grid resolution analysis. For the purpose of this analysis, the 
Commission proposes that the TV station proposed protected area be 
calculated in accordance with the methodology in Sec. Sec.  
74.802(b)(1) and 15.712(a)(1)-(2) of the rules, since those sections 
define the co-channel TV station operations that wireless microphones 
and white space devices must protect. Wireless microphones and 40 
milliwatt white space devices must operate at least four kilometers 
outside the protected contour of co-channel television stations. In 
addition, the Commission proposes that all cells that are within or 
overlap any portion of the proposed protected area be analyzed for 
white space device and wireless microphone channel availability, and 
that the availability be calculated at a single point at the center of 
each cell. In proposing to require analysis for only a single point in 
each cell, the Commission recognizes that it is not computationally 
practicable to evaluate white space device and wireless microphone 
channel availability at every possible location in a cell. The 
Commission also proposes that, as long as at least one channel would 
remain available for white space devices and wireless microphones at 
the center point of each cell requiring analysis, the applicant's 
vacant channel demonstration would be satisfied.
    40. Modifications to Existing Broadcast Stations. The Commission 
proposes that an applicant required to make a vacant channel 
demonstration that wishes to modify an existing broadcast station that 
would result in a change to the station's protected area must 
demonstrate that at least one channel would remain available for white 
space devices and wireless microphones in those portions of the 
proposed protected area that would extend beyond its existing protected 
area. The Commission recognizes that there could be situations in which 
there are no vacant channels for white space devices and wireless 
microphones within portions of the station's existing protected area, 
but the Commission is not proposing that the vacant channel 
demonstration be applied to these areas. To do so could jeopardize the 
station's ability to maintain service to the public within the existing 
protected area, depending on channel availability within the area and 
whether further station modifications would be needed.
    41. The Commission proposes that an applicant requesting to modify 
an existing broadcast station provide a showing of compliance, using 
the methodology described above that is performed over the portions of 
the proposed protected area that would extend beyond the existing 
protected area. In this case, the channel availability analysis would 
be performed on the station's proposed

[[Page 38167]]

protected area after excluding all cells that are within or overlap any 
portion of the station's existing protected area. The Commission 
further proposes that as long as at least one channel would remain 
available for white space devices and wireless microphones at the 
center point of each cell requiring analysis, the vacant channel 
demonstration would be satisfied.
    42. BAS stations. The Commission proposes that each applicant for a 
new or displaced BAS station required to make a vacant channel 
demonstration must demonstrate that, within the entire proposed 
protected area, at least one channel other than the desired channel 
would continue to be available for white space device and wireless 
microphone use within that area. Wireless microphones are not required 
to avoid the BAS receive site exclusion zones that white space devices 
must avoid. Thus, a channel that is available for white space devices 
would also be available for wireless microphones. An applicant could 
demonstrate compliance with this requirement using the methodology 
described above, except that the protected area for a BAS station would 
be the exclusion zones defined in Sec.  15.712(c) rather than a service 
contour plus four kilometers. Since Sec.  15.712(c) requires white 
space devices to provide both co-channel and adjacent channel 
protection to the BAS, the analysis must be performed on co- and 
adjacent channels that fall within the range that the Commission 
selects for channel preservation (e.g., channels 21 and above as 
proposed above). For example, an applicant for a BAS station on channel 
22 would have to perform analyses on channels 21, 22 and 23. An 
applicant for a BAS station on channel 20 would have to perform an 
analysis on only channel 21.
    43. In the case of a modification of an existing BAS station, the 
applicant could provide a showing of compliance performed over only the 
portions of the proposed protected area that would extend beyond its 
existing protected area, i.e., by excluding all cells that are within 
or overlap any portion of the station's existing protected area. The 
Commission further proposes that as long as at least one channel would 
remain available for white space devices and wireless microphones at 
the center point of each cell requiring analysis, the vacant channel 
demonstration would be satisfied.
    44. Appropriate Grid Size. The Commission seeks comment on the 
appropriate grid size for the vacant channel demonstration. Is two 
kilometers appropriate, or should the grid size be smaller or larger? 
Should the Commission require that the grid be oriented with the lines 
in north-south and east-west directions, or is there any need to 
specify the orientation? Should the Commission require that the grid be 
positioned so that the transmitter is at the intersection of two grid 
lines, in the center of a cell, some other position, or is there no 
need to specify such a requirement? At which point in a cell should the 
available vacant channels be determined--the center of the cell, the 
center of population, or some other point? What is the appropriate way 
to determine channel availability in cells at the edge of the proposed 
protected area where the center point of the cell is outside the 
protected area? Should the channel availability be determined at a 
point other than the center of such cells, and if so, which point? Does 
there need to be a vacant channel available in every cell, or should 
the Commission allow exclusion of certain cells, such as those in 
unpopulated areas or over water, or those in which only a small 
fraction of the area of a cell is encompassed within the edge of the 
proposed protected area? Would the white space database administrators 
have to make any changes to their systems as a result of the 
Commission's proposed changes? Is there an alternative method for 
analyzing wireless microphone and white space device channel 
availability in order to determine whether a vacant channel for their 
operation remains? Parties that wish to propose alternative methods 
should describe them in detail and explain how they would be 
practically implementable for broadcast applicants.
    45. The Commission's proposed methodology is designed to make the 
process of determining channel availability over an area simple for 
broadcasters by limiting the analysis to a finite number of discrete 
points and using the existing white spaces databases which are capable 
of performing the necessary channel availability calculations at each 
point. There are several ways that a broadcaster could demonstrate 
compliance with the proposed requirement. For example, an applicant 
could perform the analysis by plotting the protected area on a grid and 
accessing one of the white space databases to determine channel 
availability at the center point of each cell where a vacant channel 
determination is required. Alternatively, a white space database 
administrator could perform an entire analysis and charge a reasonable 
fee for its services.
    46. Finally, recognizing that channel availability is dynamic and 
can change day-to-day, the Commission proposes that broadcast 
applicants make a vacant channel demonstration only once--as of the 
date of the filing of their application, and as discussed in paragraph 
35 above. In addition, the analysis needs to consider only long-term 
restrictions on unlicensed use and not wireless microphone or temporary 
BAS installations. The Commission believes this proposal is appropriate 
given that broadcast applications are, for the most part, protected 
from interference from subsequently-filed applications (``cut-off'') on 
the day they are filed. The Commission notes, however, that 
applications filed during the post-incentive auction displacement 
window will be considered as filed on the last day of the window. In 
Section III.A. supra, the Commission seeks comment on procedures for 
resolving mutually exclusive displacement applications filed by two or 
more stations that together would eliminate the sole remaining vacant 
channel in an area. The Commission seeks comment on this proposal.

Initial Regulatory Flexibility Act Analysis

    47. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA'') \1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (``IRFA'') concerning the possible 
significant economic impact on small entities by the policies and rules 
proposed in this NPRM of Proposed Rulemaking (NPRM). Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
indicated in the DATES section of the NPRM. The Commission will send a 
copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (``SBA'').\2\ In 
addition, the NPRM and IRFA (or summaries thereof) will be published in 
the Federal Register.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (``SBREFA''), Pub. L. 104-121, Title II, 110 Stat. 847 
(1996). The SBREFA was enacted as Title II of the Contract with 
America Advancement Act of 1996 (``CWAAA'').
    \2\ See 5 U.S.C. 603(a).
    \3\ Id.
---------------------------------------------------------------------------

Need for and Objectives of the Proposed Rules

    48. On June 2, 2014, the Commission released its Incentive Auction 
Report and Order, 29 FCC Rcd 6567 (2014), 79 FR 48442, August 15, 2014, 
adopting rules to implement the broadcast

[[Page 38168]]

television spectrum incentive auction authorized by the Middle Class 
Tax Relief and Job Creation Act (Spectrum Act). The Commission 
recognized that following the incentive auction and repacking of the 
television band there would likely be fewer unused television channels 
available for use by either unlicensed ``white space'' devices or by 
wireless microphones and other low power auxiliary stations 
(collectively ``wireless microphones''). However, the Commission 
anticipated that there would be at least one channel in the ultra-high 
frequency (``UHF'') band in all areas in the United States that is not 
assigned to a television station in the repacking process and, given 
the importance of white space devices and wireless microphones to 
businesses and consumers, stated its intent, after additional notice 
and an opportunity to comment, to preserve one television channel in 
each area for shared use by these devices.
    49. In this NPRM, the Commission tentatively concludes to preserve 
a vacant channel in each area. Specifically, the Commission seeks 
comment on which applicants proposing operations in the repacked UHF 
television band should be required to demonstrate that a new, 
displacement, or modified facility would not eliminate the last 
available vacant television channel in an area for shared use and when 
this technical showing requirement should commence. In order to achieve 
this objective, the Commission proposes to require certain applicants 
for LPTV, TV translator, and Broadcast Auxiliary Service (``BAS'') 
facilities to demonstrate that their proposed new, displacement, or 
modified facility would not eliminate the last available vacant UHF 
television channel for use by white space devices and wireless 
microphones in an area.
    50. The Commission believes that its proposal will not 
significantly burden broadcast applicants in terms of either the 
continued availability of channels in all areas or the administrative 
burdens of compliance. After the final channel assignments are made 
following the incentive auction, multiple vacant channels will exist in 
most areas as a result of the co- and adjacent-channel separation 
requirements necessary to protect primary broadcast stations from 
interference from each other. The 100 repacking simulation results 
previously published by Commission staff show that the areas 
encompassing the vast majority of population across the country would 
have at least two vacant channels available. In any event, the effect 
of the proposal would be to reduce by only one the total number of 
vacant channels that would otherwise be available in an area. 
Therefore, the impact on broadcast applicants, including LPTV, TV 
translator and BAS stations, in terms of the availability of channels 
for future use, will be limited because multiple vacant channels will 
still exist in all or most areas as a consequence of the need to avoid 
interference between primary broadcast stations in the Incentive 
Auction final channel assignment process. In addition, the proposed 
plan involves a streamlined method for broadcast applicants to 
determine quickly the impact that facilities they intend to propose 
will have on the continued availability of vacant channels. Although 
small entity LPTV, TV translator and BAS stations may experience an 
increased burden, the Commission believes that adoption of the vacant 
channel preservation requirement will greatly benefit white space and 
wireless microphone users as well as the manufacturers of white space 
and wireless microphone equipment, which are also small businesses, by 
creating new uses and opportunities for this spectrum. The Commission 
also believes that this prioritization and protection of white space is 
critical if it is to realize the benefits that this spectrum will 
provide to small businesses and developers that will usher forth new 
and unthought-of uses. We also note that, in a separate proceeding, the 
Commission is considering additional proposals to mitigate the 
potential impact of the incentive auction and the repacking process on 
LPTV and TV translator stations and to help preserve the important 
services they provide. See Amendment of Parts 73 and 74 of the 
Commission's Rules to Establish Rules for Digital Low Power Television, 
Television Translator, and Television Booster Stations, MB Docket No. 
03-185, Third Notice of Proposed Rulemaking, 29 FCC Rcd 12536 (2014), 
79 FR 70824, November 28, 2014.
    51. The Commission also seeks comment on how to identify vacant 
television channels (i.e., ``white spaces'') available for use by white 
space devices and wireless microphones, the definition of the ``area'' 
that would be considered for this purpose, and what kind of system it 
should establish for applicants to use to determine whether their 
proposed facility would eliminate the last available vacant channel in 
an area.

Legal Basis

    52. The authority for the action proposed in this rulemaking is 
contained in sections 1, 4, 7, 301, 303, 307, 308, 309, 310, 316, 319, 
332, 336, and 403 of the Communications Act of 1934, 47 U.S.C 151, 154, 
157, 301, 303, 307, 308, 309, 310, 316, 319, 332, 336, and 403.

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

    53. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' small organization,'' and ``small government 
jurisdiction.'' \5\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\6\ 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 
SBA.\7\
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    \4\ Id. at section 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ Id. at section 601(3) (incorporating by reference the 
definition of ``small business concern'' in 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.'' 5 U.S.C. 601(3).
    \7\ 15 U.S.C. 632. Application of the statutory criteria of 
dominance in its field of operation and independence are sometimes 
difficult to apply in the context of broadcast television. 
Accordingly, the Commission's statistical account of television 
stations may be over-inclusive.
---------------------------------------------------------------------------

    54. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size 
standards.\8\ First, nationwide, there are a total of 28.2 million 
small businesses, according to the SBA.\9\ In addition, a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
\10\ Nationwide, as of 2012, there were approximately 2,300,000 small 
organizations.\11\ Finally, the term ``small

[[Page 38169]]

governmental jurisdiction'' is defined generally as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' \12\ Census 
Bureau data for 2012 indicate that there were 90,056 local governments 
in the United States.\13\ Thus, we estimate that most governmental 
jurisdictions are small.
---------------------------------------------------------------------------

    \8\ See 5 U.S.C. 601(3)-(6).
    \9\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://www.sba.gov/sites/default/files/FAQ_March_2014_0.pdf (last 
visited May 2, 2014; figures are from 2011).
    \10\ 5 U.S.C. 601(4).
    \11\ National Center for Charitable Statistics, The Nonprofit 
Almanac (2012).
    \12\ 5 U.S.C. 601(5).
    \13\ U.S. Census Bureau, Government Organization Summary Report: 
2012 (rel. Sep. 26, 2013), http://www2.census.gov/govs/cog/g12_org.pdf (last visited June 11, 2015).
---------------------------------------------------------------------------

    55. Television Broadcasting. This economic census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' \14\ The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $14 million or less in annual receipts.\15\ The 
Commission has estimated the number of licensed commercial television 
stations to be 1,390.\16\ In addition, according to Commission staff 
review of the BIA Advisory Services, LLC's Media Access Pro Television 
Database on March 28, 2012, about 950 of an estimated 1,300 commercial 
television stations (or approximately 73 percent) had revenues of $14 
million or less.\17\ We therefore estimate that the majority of 
commercial television broadcasters are small entities.
---------------------------------------------------------------------------

    \14\ U.S. Census Bureau, 2012 NAICS Definitions: 515120 
Television Broadcasting, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515120&search=2012http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515120&search=2012http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515120&search=2012 (last visited June 11, 
2015).
    \15\ 13 CFR 121.201 (NAICS code 515120) (updated for inflation 
in 2010).
    \16\ See FCC News Release, Broadcast Station Totals as of March 
31, 2015 (rel. April 8, 2015), available at: https://www.fcc.gov/document/broadcast-station-totals-march-31-2015.
    \17\ We recognize that BIA's estimate differs slightly from the 
FCC total given the information provided above.
---------------------------------------------------------------------------

    56. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included.\18\ Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action because the revenue figure on which it is based does not include 
or aggregate revenues from affiliated companies. In addition, an 
element of the definition of ``small business'' is that the entity not 
be dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
television station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive to that extent.
---------------------------------------------------------------------------

    \18\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other, or a third 
party or parties controls or has the power to control both.'' 13 CFR 
121.103(a)(1).
---------------------------------------------------------------------------

    57. In addition, the Commission has estimated the number of 
licensed noncommercial educational (``NCE'') television stations to be 
395.\19\ These stations are non-profit, and therefore considered to be 
small entities.\20\
---------------------------------------------------------------------------

    \19\ See FCC News Release, Broadcast Station Totals as of March 
31, 2015 (rel. April 8, 2015).
    \20\ See generally 5 U.S.C. 601(4), (6).
---------------------------------------------------------------------------

    58. The Commission has estimated that there are also 405 Class A 
stations, 1,939 LPTV stations and 3,689 TV translator stations.\21\ 
Given the nature of these services, we will presume that all of these 
entities qualify as small entities under the above SBA small business 
size standard.
---------------------------------------------------------------------------

    \21\ See FCC News Release, Broadcast Station Totals as of March 
31, 2015 (rel. April 8, 2015).
---------------------------------------------------------------------------

    59. LPAS Licensees. There are a total of more than 1,200 Low Power 
Auxiliary Station (LPAS) licenses in all bands and a total of over 600 
LPAS licenses in the UHF spectrum.\22\ Existing LPAS operations are 
intended for uses such as wireless microphones, cue and control 
communications, and synchronization of TV camera signals. These low 
power auxiliary stations transmit over distances of approximately 100 
meters.\23\
---------------------------------------------------------------------------

    \22\ FCC, Universal Licensing System (ULS), available at http://wireless.fcc.gov/uls/index.htm?job=home (last visited June 11, 
2015).
    \23\ 47 CFR 74.801.
---------------------------------------------------------------------------

    60. Low Power Auxiliary Device Manufacturers: 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. 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.'' \24\ The SBA has developed a small 
business size standard for Radio and Television Broadcasting and 
Wireless Communications Equipment Manufacturing, which is: All such 
firms having 750 or fewer employees.\25\ According to Census Bureau 
data for 2007, there were a total of 939 establishments in this 
category that operated for the entire year.\26\ Of this total, 912 
establishments had employment of less than 500, and an additional 10 
establishments had employment of 500 to 999.\27\ Thus, under this size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \24\ U.S. Census Bureau, 2012 NAICS Definitions: 334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334220&search=2012 (last visited May 6, 2014).
    \25\ 13 CFR 121.201, NAICS code 334220.
    \26\ U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334220), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3. The number of 
``establishments'' is a less helpful indicator of small business 
prevalence in this context than would be the number of ``firms'' or 
``companies,'' because the latter take into account the concept of 
common ownership or control. Any single physical location for an 
entity is an establishment, even though that location may be owned 
by a different establishment. Thus, the numbers given may reflect 
inflated numbers of businesses in this category, including the 
numbers of small businesses.
    \27\ Id. An additional 17 establishments had employment of 1,000 
or more.
---------------------------------------------------------------------------

    61. Low Power Auxiliary Device Manufacturers: Other Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing communications equipment (except telephone apparatus, and 
radio and television broadcast, and wireless communications 
equipment).'' \28\ The SBA has developed a small business size standard 
for Other Communications Equipment Manufacturing, which is: All such 
firms having 750 or fewer employees.\29\ According to Census Bureau 
data for 2007, there were a total of 452 establishments in this 
category that operated for the entire year.\30\ Of this

[[Page 38170]]

total, 448 establishments had employment below 500, and an additional 4 
establishments had employment of 500 to 999.\31\ Thus, under this size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \28\ U.S. Census Bureau, 2012 NAICS Definitions: 334290 Other 
Communications Equipment Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334290&search=2012 (last visited May 6, 
2014).
    \29\ 13 CFR 121.201, NAICS code 334290.
    \30\ U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334290), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3&prodType=table (last visited 
May 6, 2014). The number of ``establishments'' is a less helpful 
indicator of small business prevalence in this context than would be 
the number of ``firms'' or ``companies,'' because the latter take 
into account the concept of common ownership or control. Any single 
physical location for an entity is an establishment, even though 
that location may be owned by a different establishment. Thus, the 
numbers given may reflect inflated numbers of businesses in this 
category, including the numbers of small businesses.
    \31\ Id. There were no establishments that had employment of 
1,000 or more.
---------------------------------------------------------------------------

    62. 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. 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.'' \32\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. Of this total, 912 had less than 500 
employees and 17 had more than 1000 employees.\33\ Thus, under that 
size standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \32\ The NAICS Code for this service 334220. See 13 CFR 121/201. 
See also http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en.
    \33\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements
    63. The NPRM proposes the following new or revised reporting or 
recordkeeping requirements. The Commission proposes procedures that a 
broadcast applicant must use to satisfy the vacant channel 
demonstration requirement. These procedures would apply only to 
applications for broadcast and BAS stations by those entities and on 
those channels as decided by the Commission in this proceeding. A party 
wishing to construct a new, displacement, or modified broadcast station 
on one of these channels would generally follow the current procedures 
used in planning and applying for a broadcast station. That is, the 
party would perform a technical study based on the Commission's 
requirements (e.g., separation from TV station contours) to determine 
channel availability and the other operating parameters for the 
proposed station (e.g., transmitter location, effective radiated power, 
antenna height and directionality). Once the proposed channel and 
operating parameters are determined, the applicant would calculate the 
service contour for the proposed station based on these parameters. In 
the case of BAS stations, the applicant would determine its protected 
area in accordance with the requirements of Sec.  15.712(c). The 
applicant would then be required to perform an analysis and submit a 
showing with its application demonstrating that white space devices and 
wireless microphones operating within the same area as the proposed 
broadcast or BAS station will have access to at least one channel, 
although it need not be the same channel in all locations.

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

    64. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\34\
---------------------------------------------------------------------------

    \34\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    65. The Commission believes that its proposal will not 
significantly burden small entities in terms of either the continued 
availability of channels in all areas or the administrative burdens of 
compliance. After the final channel assignments are made following the 
incentive auction, multiple vacant channels will exist in most areas as 
a result of the co- and adjacent-channel separation requirements 
necessary to protect primary broadcast stations from interference from 
each other. The 100 repacking simulation results previously published 
by Commission staff show that the areas encompassing the vast majority 
of population across the country would have at least two vacant 
channels available. In any event, the effect of the proposal would be 
to reduce by only one the total number of vacant channels that would 
otherwise be available in an area. Therefore, the impact on small 
entities, in terms of the availability of channels for future use, will 
be limited because multiple vacant channels will still exist in all or 
most markets as a consequence of the need to avoid interference between 
primary broadcast stations in the Incentive Auction final channel 
assignment process. In addition, the proposed plan involves a 
streamlined method for broadcast applicants to determine quickly the 
impact that facilities they intend to propose will have on the 
continued availability of vacant channels. Although small entities may 
experience an increased burden, the Commission believes that adoption 
of the vacant channel preservation requirement will greatly benefit 
white space and wireless microphone users as well as the manufacturer 
of white space and wireless microphone equipment that are also small 
businesses by creating new uses and opportunity for this spectrum. The 
Commission also believes that this prioritization and protection of 
white space is critical if it is to realize the benefits that this 
spectrum will provide to small businesses and developers that will 
usher forth new and unthought-of uses.
    66. In addition, the Commission has initiated a proceeding seeking 
comment on the adoption of rules to permit LPTV and TV translator 
stations to share channels. If adopted, channel sharing would help 
displaced LPTV and TV translators that experience difficulty in finding 
new channels following the incentive auction and repacking by allowing 
them to share channels in markets with limited vacant channels. 
Further, the Commission has proposed to utilize its incentive auction 
optimization software to help identify available channels post-auction 
for displaced LPTV and TV translator stations. Finally, the Commission 
and its staff continue outreach to LPTV and TV translator stations to 
educate them on the possible impact of the incentive auction and 
repacking as well as this vacant channel proceedings and to continue to 
gather comment and input from these affected industries.

Federal Rules Which Duplicate, Overlap, or Conflict With the 
Commission's Proposals

    67. None.

[[Page 38171]]

List of Subjects for 47 CFR Parts 73 and 74

    Reporting and recordkeeping requirements, Television.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 73 and 74 as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.

0
2. Section 73.3572 is revised by adding paragraph (i) to read as 
follows:


Sec.  73.3572  Processing of TV broadcast, Class A TV broadcast, low 
power TV, TV translators, and TV booster applications.

* * * * *
    (i) Vacant channel demonstration. (1) Applicability. The provisions 
of this paragraph (i) shall apply to:
    (i) All applications filed by low power television, TV translator, 
and Broadcast Auxiliary Service (BAS) stations for new, displacement, 
or modified facilities filed on or after release of the Channel 
Reassignment Public Notice issued pursuant to Sec.  73.3700(a)(2); and
    (ii) Applications for modified Class A television station 
facilities filed more than 39 months after release of the Channel 
Reassignment Public Notice issued pursuant to Sec.  73.3700(a)(2).
    (2) Required showing. (i) Applicants subject to this provision 
shall include a showing with their application demonstrating that grant 
of the application will not eliminate the last remaining vacant channel 
in their entire proposed protected area (in the case of applications 
for new or displacement facilities) or expanded proposed protected area 
(in the case of modified facilities).
    (ii) Applicants shall determine the availability of a vacant 
channel as of the date of the filing of their application.
    (iii) Vacant channel availability for purposes of the required 
showing shall be determined using the criteria set forth in Sec. Sec.  
74.802(b)(1) and 15.712(a)(2) of this chapter. Applicants must show 
that, at a minimum, 40 milliwatt personal/portable white space devices 
and wireless microphones can operate anywhere within the entire or 
expanded proposed protected area. Wireless microphones and temporary 
BAS operations registered in the white space database shall not be 
considered when determining whether a proposed operation eliminates the 
last remaining vacant channel. The availability of channels shall be 
determined by analyzing individual two by two kilometer cells of a grid 
that covers the entire or expanded proposed protected area of 
operations. The protected area for broadcast stations shall be the area 
defined by adding four kilometers to the contour calculated in 
accordance with the methodology in Sec. Sec.  74.802(b)(1) and 
15.712(a)(1) of this chapter. The protected area for BAS stations shall 
be the area defined by Sec.  15.712(c) of this chapter. All cells that 
are within or overlap any portion of the entire or expanded proposed 
protected areas of operations shall be analyzed for vacant channel 
availability, and the availability shall be calculated at a single 
point at the center of each cell. The required showing shall be 
satisfied as long as at least one vacant channel remains available at 
the center point of each cell requiring analysis.
    (iv) For purposes of the required showing, applicants shall 
consider only UHF channels in the range of 21 and above.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
3. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.

0
4. Section 74.632 is revised by adding paragraph (h) to read as 
follows:


Sec.  74.632  Licensing requirements.

* * * * *
    (h) The provisions of Sec.  73.3572(i) of the rules shall apply to 
all applications filed under this rule.
0
5. Section 74.787 is revised by adding paragraph (d) to read as 
follows:


Sec.  74.787  Digital licensing.

* * * * *
    (d) The provisions of Sec.  73.3572(i) of the rules shall apply to 
all applications filed under this rule.

[FR Doc. 2015-15758 Filed 7-1-15; 8:45 am]
 BILLING CODE 6712-01-P