[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Rules and Regulations]
[Pages 73044-73086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29496]



[[Page 73043]]

Vol. 80

Monday,

No. 225

November 23, 2015

Part II





 Federal Communications Commission





-----------------------------------------------------------------------





47 CFR Parts 2, 15, 27, et al.





Unlicensed Use of TV Band and 600 MHz Band Spectrum; Final Rule

  Federal Register / Vol. 80 , No. 225 / Monday, November 23, 2015 / 
Rules and Regulations  

[[Page 73044]]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 27, 74, and 95

[ET Docket No. 14-165; FCC 15-99]


Unlicensed Use of TV Band and 600 MHz Band Spectrum

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission recently adopted rules to repurpose broadcast 
television spectrum for new wireless services via an incentive auction. 
This document modifies Commission rules for unlicensed wireless devices 
and wireless microphones in the reconstituted TV bands and the new 600 
MHz band. This document modifies the Commission's rules for unlicensed 
operations in the frequency bands that are now and will continue to be 
allocated and assigned to broadcast television services (TV bands), 
including fixed and personal/portable white space devices and 
unlicensed wireless microphones. It adopts technical and operational 
rules for unlicensed devices and wireless microphones in the 600 MHz 
guard bands, including the duplex gap, and in the 600 MHz band that 
will be repurposed for new wireless services. It also adopts rules for 
fixed and personal/portable white space device operation on channel 37 
and for the operation of unlicensed wireless microphones in the TV 
bands. This document modify the white space database rules to implement 
certain decisions, including protecting areas where new 600 MHz service 
licensees commence operation and areas used by incumbent services on 
channel 37.

DATES: Effective December 23, 2015, except for the amendments to 
Sec. Sec.  15.713(b)(2)(iv) through (v), (j)(4), (j)(10), and (j)(11), 
15.715(n) through (q), 27.1320, and 95.1111(d), which contain new or 
modified information collection requirements that require approval by 
the OMB under the Paperwork Reduction Act (PRA). The Commission will 
publish a document in the Federal Register announcing the effective 
date when approved by OMB. The incorporation by reference listed in the 
rules is approved by the Director of the Federal Register as of 
December 23, 2015.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl, Office of 
Engineering and Technology, (202) 418-7506, email: 
[email protected], TTY (202) 418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
& Order (R&O), ET Docket No. 14-165, FCC 15-99, adopted August 6, 2015, 
and released August 11, 2015. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street SW., 
Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov. People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).

Summary of Report and Order

    1. The R&O makes rule changes for unlicensed white space devices in 
the television broadcasting band and the 600 MHz band, while protecting 
licensed users from harmful interference. It modifies the Commission's 
part 15 rules to permit fixed and personal/portable devices to use TV 
channels previously unavailable to them while continuing to protect TV 
services from harmful interference by adjusting the technical and 
operational rules. It also adopts rules for white space device 
operations in the 600 MHz band--including the duplex gap, guard bands, 
600 MHz service band and channel 37. White space devices will continue 
to access the white space databases for channel assignments in the TV 
bands, as well as in the 600 MHz band and channel 37.
    2. The R&O also takes actions that will continue to accommodate 
unlicensed wireless microphone use in the TV bands and the 600 MHz 
band, while protecting licensed users from harmful interference. By 
codifying part 15 rules for unlicensed wireless microphone use, it 
brings these devices under the traditional policy tenets for unlicensed 
devices, i.e., they are not entitled to interference protection and 
they must not cause harmful interference to authorized services. 
Unlicensed wireless microphones will access the white space databases 
to identify frequencies available for their use in the TV bands, duplex 
gap, guard bands and 600 MHz service band.
    3. The R&O reserves four megahertz of spectrum in the duplex gap 
for wireless microphones licensed under part 74 of the Commission's 
rules where they can operate on an as-needed basis that is not shared 
with white space devices. Operation will be limited to the same 
technical requirements as unlicensed wireless microphones operating in 
the guard bands. It also adopts rules to permit, for a limited time, 
operation of licensed wireless microphones in the new 600 MHz service 
band.
    4. The R&O also expands location and frequency information in the 
white space databases and makes other changes to database procedures. 
Finally, it adopts transition periods for the certification, 
manufacturing and marketing of white space devices and unlicensed 
wireless microphones to comply with the new requirements.

A. TV Bands

    5. The Commission modifies the part 15 rules to specify technical 
requirements for fixed device operation at power levels below four 
watts permitting them to operate closer to or adjacent to occupied TV 
channels. The Commission expands the permissible frequencies for fixed 
operation to include TV channels 3 and 4 and for personal/portable 
operation to include spectrum below TV channel 20. Both types of 
devices may also operate on the vacant channels above and below channel 
37 that are now available only for wireless microphone use. The 
Commission also adopts part 15 rules for unlicensed wireless microphone 
operations in the TV bands. In addition, the Commission modifies the 
part 15, Subpart H rules to replace the terms ``television band 
device'' or ``TVBD'' with the term ``white space device'' throughout.
1. Fixed White Space Devices
a. Operation in Less Spectrum
    6. Adjacent to occupied channels. The Commission will allow fixed 
white space devices to operate adjacent to occupied TV channels (within 
their service contour) at a power level of 40 milliwatts EIRP. This 
action provides consistent treatment of similarly powered fixed and 
portable devices and will allow the use of fixed devices in more 
locations than the current rules allow, i.e., where there are fewer 
than three contiguous vacant channels, while at the same time 
protecting licensed users from harmful interference. It will also allow 
fixed white space devices to operate in the 600 MHz guard band 
immediately adjacent to the remaining TV spectrum. The Commission will 
limit the height of 40 milliwatt fixed devices to 10 meters above 
ground level (AGL) to limit their interference potential to TV 
reception on adjacent channels. This provides for comparable rules 
(i.e. 40 milliwatts) between fixed and personal portable white space 
devices for adjacent to TV channel operation. By limiting antenna 
height to

[[Page 73045]]

10 meters AGL rather than 30 meters AGL as the rules currently allow, 
the Commission can limit the distance at which a fixed white space 
device could potentially cause interference to television reception.
    7. There are additional factors that will limit fixed devices' 
potential for causing harmful interference to TV reception. The 
situation where a directional TV antenna and a directional fixed white 
space device antenna would be oriented such that the maximum white 
space signal would be received by a TV antenna is a low probability 
event, and the height disparity between TV receive and white space 
transmit antennas will ensure some additional discrimination between 
the two signals. Also, the Commission is requiring 40 milliwatt fixed 
devices to meet the same out-of-band emission as 40 milliwatt personal/
portable devices and to incorporate transmit power control to operate 
at the minimum power necessary, which will reduce the likelihood of 
harmful interference to adjacent channel TV reception to short 
distances, making identification of a fixed device that may be causing 
harmful interference fairly straightforward since those devices' 
locations must be registered in the database.
    8. Two contiguous vacant channels. To increase spectrum efficiency 
while protecting incumbent TV broadcast operations, the Commission will 
allow fixed white space devices to operate with a maximum of 100 
milliwatts EIRP at locations where there are at least two contiguous 
vacant TV channels and the white space device's signal occupies one or 
more six megahertz bands, provided that there is at least three 
megahertz separating the white space emissions from the edge of lowest 
and highest vacant TV channels on which it is operating. This 
corresponds to a white space device operating with 50 milliwatts EIRP 
in a three megahertz segment of the lowest and highest vacant TV 
channel being used, leaving a frequency separation of three megahertz 
between the white space device's operating frequency and the edges of a 
adjacent TV channel being used for broadcast services.
    9. The 100 milliwatt power level that the Commission adopts for 
operation across multiple vacant TV channels is based on a 2.9 dB lower 
susceptibility of television receivers to harmful interference from a 
white space signal three megahertz away from the edge of an occupied 
television channel than to a white space signal with no frequency 
separation from an occupied TV channel. This limit (50 milliwatts in a 
three megahertz segment of the highest and lowest channel being used) 
is only 1 dB higher than the 40 milliwatt limit the Commission is 
allowing for fixed devices operating with no frequency separation from 
occupied TV channels and is therefore within the margin of additional 
interference protection provided by the three megahertz separation. The 
out-of-band emissions limit for white space devices will serve to 
reduce the amount of out-of-band emissions that appear in the pass-band 
of a television receiver and further reduce the potential for 
interference. To provide an additional measure of interference 
protection to TV reception, the Commission is limiting such operation 
to antenna heights of 10 meters AGL or less, consistent with its 
decision to limit 40 milliwatt fixed devices operating adjacent to an 
occupied TV channel to antenna heights of 10 meters or less.
    10. The Commission is not adopting its proposed four watt EIRP 
limit for white space device operation at the center of two contiguous 
vacant channels. However, should new studies and information become 
available in the future showing that higher power operation is possible 
without causing interference to TV reception, the Commission may 
revisit this issue.
    11. The Commission will allow fixed white space devices to 
aggregate multiple available channels and transmit at a maximum of 100 
milliwatts EIRP per channel so long as the white space signal occupies 
only three megahertz of the lowest and highest channel and the power 
spectral density (PSD) requirements, the antenna AGL limit of 10 
meters, and all separation criteria are met for each occupied channel. 
Where available, such operation will greatly increase the data rates 
available to white space device users.
b. Operation at Lower Power Levels
    12. The Commission is providing flexibility for white space device 
users by defining a number of lower power levels for fixed white space 
devices with correspondingly shorter separation distances than the 
current rules allow, and defining maximum conducted, PSD and adjacent 
channel emission limits at each power level. The Commission is defining 
separation distances for fixed devices at EIRP levels of 40 milliwatts, 
100 milliwatts, 250 milliwatts, 625 milliwatts and 1600 milliwatts 
(i.e.,16 dBm, 20 dBm, 24 dBm, 28 dBm and 32 dBm, respectively) in 
addition to the current separation distances at 4000 milliwatts (36 
dBm).
    13. The Commission is adopting a requirement to adjust the 
conducted power limits when higher gain antennas (greater than 6 dBi) 
are used to limit the maximum radiated emissions. Specifically, it will 
require that when the maximum gain of a fixed device antenna exceeds 6 
dBi, the maximum conducted power, PSD and adjacent channel emission 
limits for each EIRP level be reduced by the amount in dB that the 
maximum antenna gain exceeds 6 dBi. This requirement is consistent with 
the current white space rules and is necessary to limit the maximum 
radiated power from white space devices. The Commission is also 
adopting a requirement that when a white space device operates between 
defined EIRP levels, the conducted power and PSD limits must be 
linearly interpolated between the defined values. This requirement 
provides flexibility to operate at precise power levels appropriate for 
an application while taking advantage of a 6 dBi gain antenna. The 
Commission is also adopting a requirement that when a white space 
device operates between two defined power levels, it comply with the 
adjacent channel emission limit for the higher power level. This 
requirement is consistent with the adjacent channel emission limits 
previously adopted by the Commission. The Commission does not believe 
that a reduction in adjacent channel emission limits will significantly 
affect equipment costs because the lower emission limits apply only to 
equipment operating at lower power levels, so there is no increase in 
the amount of attenuation required to comply with the limits.
    14. The Commission will require that fixed white space devices 
supply their geographic coordinates and antenna height AGL when 
querying a database for the list of available channels at their 
location. The database will supply the list of available channels and 
the maximum power level for each channel. The Commission believes that 
this approach is more efficient than the proposed requirement that 
devices specify a power level in advance, because it will allow devices 
to obtain a list of all available channels at a location along with the 
maximum permissible power levels in a single query. The Commission will 
also require that white space devices not contain an interface that 
would allow users to select higher power levels than the database 
indicates are available for a channel at a given location.

[[Page 73046]]

c. Channel Bonding
    15. The Commission is making several rule changes that will enable 
devices to use multiple contiguous and non-contiguous vacant channels 
(channel ``bonding'' or ``aggregation'') which will permit the 
development of devices that transmit at higher data rates, thus making 
higher speed equipment available to consumers. With respect to channel 
bonding, the Commission is modifying Sec.  15.709 to specify that the 
adjacent channel emissions limits do not apply within an adjacent 
channel that is being used by the same white space device, since in 
such cases there would be no TV station or other authorized service to 
protect on the adjacent channel. Instead, the Commission will require 
that white space devices meet these limits within the six megahertz 
bands immediately above and below the edges of the band of contiguous 
channels used by the white space device. It is also modifying the rules 
to require that a white space device must meet the Sec.  15.209 limits 
at frequencies more than six megahertz above and below the edges of the 
highest and lowest channels used in the device, except when the device 
uses multiple non-contiguous channels. These requirements will also 
apply to fixed devices that operate centered on the boundary of two 
channels as discussed above, since that is a form of channel bonding. 
With respect to channel aggregation, the modified rules in Sec.  
15.709(d)(1) require that when a white space device transmits on 
multiple non-contiguous channels simultaneously, it must comply with 
the adjacent channel emission limits in the six megahertz bands above 
and below each of the single channels or channel groups used by the 
white space device, and with the Sec.  15.209 limits beyond these six 
megahertz bands.
d. Operation in Less Congested Areas
    16. The Commission is modifying the rules to allow fixed white 
space devices in less congested areas to operate up to 10 watts EIRP to 
increase their service range. This power increase will provide 
increased opportunities for white space operators to serve more distant 
customers at less cost and provide point to point backhaul services, 
while at the same time protecting authorized operations from harmful 
interference and avoiding any adverse effect on the ability of white 
space devices to successfully share spectrum among themselves. The 
Commission is using the term ``less congested'' to describe areas where 
television spectrum is largely available to white space devices, rather 
than relying on a population based metric which may not correlate to 
the same areas. In the TV bands, fixed white space devices will be 
allowed to operate in the low VHF, high VHF, and UHF bands under the 
higher power limit in less congested locations where, within the TV 
band of intended operation, at least half the allocated television 
channels are unused for broadcast services and available for white 
space use, and the fixed white space devices are sufficiently separated 
from protected operations to avoid causing interference to them.
    17. The Commission is also allowing operation at up to 10 watts 
EIRP in the 600 MHz service band in areas where licensees have not yet 
commenced operation. As this band will have been repurposed from the 
current television band, it will be similar in propagation 
characteristics to the UHF television band. The Commission is defining 
``less congested'' areas in this band to be the same areas that will be 
available in the newly repacked UHF television band. In addition, fixed 
white space devices in the 600 MHz service band will need to adhere to 
the separation distances specified in the rules to protect new mobile 
broadband services.
    18. The Commission is not modifying the rule limiting transmitter 
conducted power to one watt, which necessitates the use of high gain 
antennas to achieve radiated power levels up to 10 watts in less 
congested areas. It is also not altering the rules limiting antenna 
height above ground or HAAT to 30 meters and 250 meters respectively. 
To ensure that television stations, 600 MHz service licensees, and 
other protected operations are protected from interference due to a 
fixed white space device operating at more than four watts EIRP, the 
Commission is increasing the minimum separation distances between those 
services and the locations where fixed white space devices operate at 
higher power. The Commission is not increasing the maximum allowable 
power for personal/portable white space devices in less congested 
areas.
    19. For purposes of calculating less congested areas, the 
Commission includes as ``broadcast services'' broadcast TV--including 
full power, Class A, low power television, and TV booster stations--and 
the registered protected receive sites of broadcast auxiliary, TV 
translator, and Multi-channel Video Programming Distributor (MVPD) 
services. The Commission does not include non-broadcast services such 
as land mobile operations in the 11 metropolitan areas where such use 
is permitted under Sec.  90.303 of the rules, nor any areas where such 
operations are permitted by waiver; the offshore radio service; channel 
37; or channel 17 in Hawaii. It is not including licensed low power 
auxiliary devices such as wireless microphones in the definition of 
broadcast service for this limited purpose because such equipment 
typically is used on a transient basis and thus is not licensed to a 
specific transmitter site. White space databases will determine whether 
a location is a less congested area based on whether at least half the 
total number of TV channels in the band of intended operation in an 
area are unused for broadcast services and are available for fixed 
devices operating with 40 milliwatts at 3 meters HAAT, which will 
provide the greatest opportunity for operation at the higher power 
levels.
    20. Because white space device operations are controlled by the 
white space database in all bands, white space devices will be able to 
operate at higher power in less congested areas that will be allocated 
and assigned for 600 MHz service after the incentive auction, both 
during and after the post-auction transition period. The database will 
be updated to include the required separation distances from base 
stations or other radio facilities deployed by the 600 MHz service 
licensees, and, after the licensees provide the polygonal shape 
encompassing those facilities, the database will be able to determine 
whether frequencies in the 600 MHz service band are available for white 
space use at the device's location. As television stations are repacked 
and 600 MHz service licensees commence operations, there may be a 
change in which areas are less congested and on which channels in those 
areas white space devices are permitted to operate with higher power, 
but those changes will be transparent to users.
    21. The interference potential of fixed white space devices 
operating at EIRP levels up to 10 watts will extend somewhat farther 
than that of fixed devices operating at four watts EIRP. Thus, the 
Commission is adding provisions for the 10 watt EIRP limit in Sec.  
15.712 of the rules, which contains the protection criteria and 
separation distances for each of the services operating in the TV 
bands. The distances for 10 watt EIRP operation were calculated using 
the same method that the Commission previously used in calculating the 
minimum separation distances between white space fixed devices and 
television contours.
    22. Private land mobile radio services (PLMRS) and commercial 
mobile radio service operations on TV channels 14-20 in 11 major 
markets and some additional areas under waivers of the

[[Page 73047]]

rules are protected from interference from white space devices through 
circular exclusion zones. Using the same methodology previously used to 
determine the protection zones for four watt operation, the Commission 
finds that fixed white space devices operating at 10 watts EIRP in less 
congested areas must not operate within a circular exclusion zone of 
136 kilometers co-channel and 131.5 kilometers adjacent channel for the 
11 major markets where PLMRS stations are permitted to operate, and 
within 56 kilometers co-channel and 51.5 kilometers adjacent channel 
from PLMRS base stations operating outside the 11 major markets under a 
waiver.
    23. The rules also protect the receive sites of broadcast auxiliary 
service (BAS) facilities, TV translators, low power TV stations, Class 
A TV stations and multichannel video program distributors (MVPDs) by 
prohibiting white space devices from operating within a keyhole shaped 
exclusion zone with the long end of the keyhole aligned between the 
protected receiver and its associated transmitter. To protect these 
sites from white space devices that are located outside the main beam 
of the receive antenna (i.e., the long end of the keyhole), the 
Commission is adjusting those distances to prohibit fixed devices 
operating at 10 watts EIRP from operating within 10.2 kilometers co-
channel and 2.5 kilometers adjacent channel from the protected received 
site.
    24. To protect sensitive radio astronomy operations and safety-of-
life wireless medical telemetry devices that use channel 37, the 
Commission is not allowing fixed devices to operate with EIRP higher 
than four watts on channel 37 or channels 36 and 38 at any locations.
2. Calculating White Space Device Separation Distances From a TV 
Station Contour
a. Fixed and Personal/Portable Devices
    25. The Commission is amending the table of separation distances in 
Sec.  15.712(a)(2) to reflect a range of fixed device power levels 
below four watts EIRP and modifying the separation distances for 
personal/portable devices based on 40 milliwatts and 100 milliwatts 
EIRP at the lowest antenna HAAT. The Commission is also specifying 
separate tables for co-channel and adjacent channel separation 
distances and adding entries showing which separation distances apply 
to personal/portable devices. The changes the Commission is adopting 
will permit fixed white space devices to operate in more locations than 
the current rules allow without causing harmful interference, i.e., 
closer to a television station service contour, since the current 
separation distances were based on the assumption that a fixed device 
always operates at the maximum power level of four watts. In addition, 
since the current separation distances for personal/portable devices 
were also based on four watts EIRP, they are greater than necessary 
since personal/portable devices may operate with a maximum EIRP of 100 
milliwatts, or 40 milliwatts if they are on a channel adjacent to an 
occupied channel. Thus, these changes will also permit personal/
portable devices to operate in more locations.
    26. The Commission declines to allow the use of the Longley-Rice 
methodology or other alternative methodologies for determining white 
space channel availability as a number of parties requested. The 
Commission did not propose any change in the use of the F(50,50) and 
F(50,90) curves for calculating the protected contours of TV stations, 
and stated that the use of the Longley-Rice methodology was not 
appropriate for determining whether a white space device would cause 
harmful interference to TV reception as it is computationally intensive 
and would significantly slow the ongoing real-time determination of 
available TV channels by the white space databases. No parties provided 
technical analyses showing how other alternative methodologies could be 
used to determine white space channel availability.
    27. The Commission declines to allow white space device operators 
and databases to consider the directivity of fixed white space device 
antennas in determining channel availability since there is not 
sufficient information in the record to show how it could be used 
without causing harmful interference to authorized services. The 
Commission could consider this issue again in the future if parties are 
able to develop a standard to address implementation and the Commission 
gains experience with the more flexible, but more complex, rules it is 
adopting herein.
b. Mode I Operation
    28. The Commission finds that its decision to allow lower power 
white space devices to operate at closer distances to TV station 
contours necessitates some modifications to the rules for Mode I 
devices. By adopting more realistic separation distances based on a 
range of operating power, the separation distances for lower power 
operations become shorter than those currently in the rules, and thus 
the location uncertainty inherent in a Mode I device becomes more 
significant. That is, because their controlling station may now operate 
closer to TV contours than under current rules, the Mode I device could 
locate such that it is even closer to those same TV contours, 
increasing its potential to cause harmful interference to TV reception. 
The Commission will require that a fixed or Mode II device that 
provides a list of available channels to a Mode I device comply with 
slightly greater separation distances from the TV contours of stations 
on the channel or channels that it indicates are available to the Mode 
I device.
    29. The rules require white space devices to operate with the 
minimum power necessary for communications. Under this condition, to 
have a balanced link, the Commission assumes that Mode I devices 
communicating with Mode II devices will operate at similar power 
levels. Thus, the necessary separation to protect TV reception from a 
Mode I device will be identical to the necessary separation for the 
controlling Mode II device. Given the location uncertainty of a Mode I 
device, the Commission can ensure that a Mode I device complies with 
the separation distance rules by requiring the Mode II controlling 
device to operate at twice the required distance in the table of 
separation distances for a personal/portable white space device at the 
allowed power levels. In this manner, a Mode I device operating at its 
maximum range from a controlling Mode II device should still comply 
with the minimum distance separation required to protect TV reception. 
This action will ensure that Mode I devices operate sufficiently far 
outside the protected contours of co-channel TV stations to prevent 
harmful interference. The Commission will similarly require Mode II 
personal/portable white space devices to double the adjacent channel 
separation distance when operating at 100 milliwatts and serving Mode I 
devices.
    30. The Commission finds that increasing the separation distance 
from a co-channel protected TV contour by a factor of two for a fixed 
device controlling a Mode I personal/portable white space device would 
be overly protective since Mode I devices are portable and would 
operate at low antenna heights, thus limiting the range at which they 
could communicate with a fixed device. Instead, the Commission will 
increase the separation distances that a fixed device must meet on 
channels provided to a Mode I device by the same amount as added for a 
controlling Mode II device, i.e., 1.7

[[Page 73048]]

kilometers greater for 100 milliwatt Mode I devices and 1.3 kilometers 
greater for 40 milliwatt Mode I devices. Similarly, the Commission will 
require such fixed devices to also exceed the adjacent channel 
separation distances specified in the table by 0.1 kilometers. The 
Commission is not changing the requirement that only fixed devices with 
an HAAT of 106 meters or less may provide lists of available channels 
to Mode I devices.
c. Location Accuracy
    31. The Commission will allow fixed and Mode II personal/portable 
devices to use location technologies that have a lower degree of 
accuracy than 50 meters. This change will expand the areas 
in which white space devices may operate without causing harmful 
interference to licensed services by permitting their use at indoor or 
other locations where a GPS signal that can provide location 
information to 50 meters is not available. The Commission 
will require fixed and Mode II devices to inform the database of their 
location uncertainty with a 95% confidence level when requesting a list 
of available channels, and require that the database consider this 
uncertainty in determining the list of available channels at the 
device's location. This requirement is consistent with the standard 
adopted for use across Europe and implemented by Ofcom in the United 
Kingdom. The Commission anticipates that its adoption of the same 
requirement will lead to harmonized devices and lower equipment costs 
for consumers.
    32. To implement this requirement, the databases will increase the 
minimum separation distances from all protected services by the amount 
that the location uncertainty exceeds 50 meters. For 
example, no increase in separation distances will be required for a 
device that meets the 50 meter level of accuracy, while an 
adjustment of 50 meters would be required for a device with an accuracy 
of 100 meters. The Commission will work with the white 
space database administrators to ensure that separation distances are 
calculated appropriately. It will require that applicants for 
certification of fixed and Mode II devices provide details regarding 
the technologies used by a device to determine its location and how, in 
the case of technologies other than GPS, the location uncertainty is 
calculated with a 95% confidence level. As part of the certification 
process, the Commission will test to ensure that these parameters are 
correctly transmitted to the databases.
3. Frequencies of Operation for White Space Devices
    33. Fixed devices on channels 3 and 4. The Commission modifies the 
part 15 rules to permit fixed white space devices to operate on TV 
channels 3 and 4. This action makes available an additional 12 
megahertz of contiguous spectrum for their use in areas where they are 
not occupied by authorized users. Because this spectrum is immediately 
adjacent to channel 2, this rule change provides an opportunity for 
fixed devices to use the lower VHF band at maximum permitted power in 
areas where all three channels are not occupied.
    34. The Commission originally prohibited white space device 
operation on channels 3 and 4 to protect TV interface devices and TV 
receivers from direct pickup interference on channels 3 and 4. The 
number of these devices has been declining since 2008. The transition 
from analog to digital TV in 2009 spurred many consumers to replace 
their old analog TV receivers with digital receivers that have multiple 
inputs that allow the connection of external devices without requiring 
the use of a channel 3 or 4 input signal, and the price of new TV 
receivers has dropped significantly since that time, resulting in many 
more consumers replacing their old analog TV receivers. TV receivers 
also have been required to come equipped with digital TV tuners for a 
number of years, thus eliminating the need to use an external converter 
box to receive over-the-air signals.
    35. Personal/portable devices on channels 14-20. The Commission 
modifies the part 15 rules to permit personal/portable white space 
devices to operate on TV channels 14-20, but will not permit them to 
operate below TV channel 14. This decision will make an additional 42 
megahertz of spectrum potentially available for personal/portable 
devices. In adopting the prohibition on personal/portable white space 
devices on TV channels 14-20 in 2008, the Commission anticipated that 
channels 21-51 would provide adequate spectrum resources for personal/
portable white space devices. In light of the repurposing of the TV 
bands, this conclusion is no longer valid. Moreover, the Commission 
concludes that continuing the prohibition on personal/portable device 
use on channels 14-20 is not necessary to protect PLMRS/CMRS 
operations. Several white space databases have become operational over 
the past few years, and the locations where the PLMRS/CMRS is used are 
already in the databases since that information is used to protect 
those operations from fixed white space operations. Personal/portable 
devices rely on database access to determine their list of available 
channels, so they can protect the PLMRS/CMRS in the same manner as 
fixed devices.
    36. The Commission will not permit personal/portable white space 
devices to operate below channel 14, including channels 3 and 4, as 
requested by many unlicensed proponents. The Commission believes that 
it is better to maintain the current overall scheme, which limits the 
frequencies where both personal/portable and fixed white space devices 
may operate, with personal/portable devices operating in higher 
frequency channels than fixed devices. Devices that operate at the 
lower frequencies typically require larger antennas that are better 
suited for use by fixed white space devices than personal/portable 
devices; thus there is no clear advantage to permitting personal/
portable devices below channel 14.
    37. White space devices on channels above and below channel 37. The 
Commission will permit white space devices to operate on the vacant 
channels above and below channel 37 that are now available only for 
wireless microphone use, beginning 18 months after the effective date 
of this rule, but no later than release of the Channel Reassignment 
Public Notice (PN) at the conclusion of the incentive auction. Before 
this rule change becomes effective, the Commission will have 
implemented the revised procedures for the immediate reservation and 
notification of wireless microphone use of vacant channels that it 
adopts in this proceeding. This will ensure that licensed wireless 
microphone users, particularly broadcasters and others who cover 
breaking news events, will have a procedure in place that will enable 
them to get immediate access to needed spectrum.
    38. The Commission does not revisit is decision in the Incentive 
Auction R&O to permit unlicensed white space devices to operate on 
these two vacant channels. NAB's suggestion that the Commission hold 
out two vacant TV channels until the end of the post-auction transition 
period is not practical because the Commission will not know until 
after the incentive auction how much spectrum will be repurposed and 
which frequency bands will remain allocated to broadcasting services. 
The transition from broadcasting to wireless services will occur market 
by market over a period of time, and the now vacant TV channels for 
microphone use will be phased out as markets transition, making it 
impossible to identify

[[Page 73049]]

channels in each market for exclusive microphone use. The Commission 
concludes that it is better to modify the procedures for microphone 
users to reserve vacant TV channels for immediate use because such a 
procedure is adaptable to the changing circumstances across the TV 
bands and the 600 MHz band during the post-auction transition period.
4. Unlicensed Wireless Microphones
    39. Definition of unlicensed wireless microphones in part 15. The 
Commission adopts its proposed definition of wireless microphone as a 
device that converts sound into electrical audio signals that are 
transmitted using radio signals to a receiver which converts the radio 
signals back into audio signals that are sent through a sound recording 
or amplifying system. The Commission also adopts its proposals that 
wireless microphones may be used for cue and control communications and 
synchronization of TV camera signals as defined in section 74.801 of 
the rules, and that the definition of wireless microphone does not 
include auditory assistance devices as defined in Sec.  15.3(a) of the 
rules. This definition encompasses the types of wireless microphones 
that currently operate within the TV bands, but is not so broad as to 
encompass other types of unlicensed devices that already have 
provisions in part 15 for operation outside the TV bands. The 
Commission declines the request of the Nuclear Energy Institute and 
Utilities Telecom Council to expand the definition of unlicensed 
wireless microphone to specifically include wireless headsets used at 
nuclear power plants for bi-directional audio communications between 
and among personnel. To the extent that a party wishes to use wireless 
microphones for specialized uses that would not be acceptable under the 
Commission's definition, such uses would be more appropriately 
authorized through a waiver rather than by adopting a broader 
definition of wireless microphone.
    40. Permissible frequencies of operation. The Commission will allow 
unlicensed wireless microphones to operate in the TV spectrum on 
channels 2-51, excluding channel 37 in all locations and channel 17 in 
Hawaii, which is allocated for non-broadcast purposes. This action will 
make the maximum number of TV channels available for unlicensed 
wireless microphones. The Commission is also adding an advisory to the 
rules indicating that the highest channel available for unlicensed 
wireless microphones will ultimately be determined by the outcome of 
the incentive auction, and the rules will be modified consistent with 
the auction results. Consistent with the rules for wireless microphones 
licensed under part 74, the Commission will require unlicensed wireless 
microphones to operate at least four kilometers outside the protected 
service contours of co-channel TV stations as defined in the final 
rules.
    41. The Commission will not prohibit the operation of wireless 
microphones on channels 14-20 to protect the Private Land Mobile Radio 
and Commercial Mobile Radio Services (PLMRS/CMRS) because both licensed 
and unlicensed wireless microphones have operated on these channels for 
years without interference to the PLRMS/CMRS.
    42. Technical requirements for unlicensed wireless microphones. 
Consistent with the current technical rules that apply to unlicensed 
wireless microphones under the existing part 15 waiver, the Commission 
will permit wireless microphones to operate with a power level of up to 
50 milliwatts EIRP in both the VHF and UHF TV bands. The Commission is 
specifying the power limit in terms of EIRP, which it bases on a 50 
milliwatt conducted power limit and an assumed antenna gain of 0 dBi. 
The Commission expects that this power level is appropriate for most 
users, particularly because parties using part 15 wireless microphones 
will commonly be entities operating in smaller venues that do not 
require the longer range operation that higher power allows. The 
Commission is specifying EIRP rather than conducted power as proposed 
in the Notice of Proposed Rule Making (NPRM) for several reasons. 
First, specifying the power limit in terms of EIRP ensures uniformity 
in the maximum radiated power for all unlicensed wireless microphones. 
If the Commission were to specify a conducted power limit without any 
antenna gain requirement, different devices operating at the same 
conducted power level could in fact be radiating at higher or lower 
power levels depending on their antenna gain. Specifying the power 
limit in terms of EIRP will be particularly beneficial in the VHF band, 
where the efficiency of antennas is lower due to the longer radio 
wavelengths, since this approach will allow manufacturers to adjust the 
radiated power to partially compensate for low antenna efficiency. 
Also, specifying EIRP is consistent with other part 15 rules, which 
generally specify radiated emission limits in a form that considers 
both power and antenna gain, e.g., field strength, EIRP, or a 
combination of conducted power and antenna gain. To reduce the 
compliance burden on wireless microphone operators, the Commission is 
specifying power limits for these devices only in terms of EIRP, rather 
than allowing the use of either EIRP or conducted measurements as Shure 
suggests.
    43. As proposed in the NPRM, the Commission will require unlicensed 
wireless microphones to comply with the same channelization, frequency 
stability, and bandwidth requirements as part 74 wireless microphones. 
Specifically, it will require that operation be offset from the upper 
or lower channel edge by 25 kHz or an integral multiple thereof and 
that the operating frequency tolerance be 0.005 percent. The Commission 
will permit the combination of multiple adjacent 25 kHz segments within 
a TV channel to form an operating channel with a maximum bandwidth not 
to exceed 200 kHz. Consistent with the measurement requirements for 
other part 15 transmitters, the Commission will require that the 
frequency tolerance be maintained over a temperature variation of -20 
degrees to +50 degrees C at normal supply voltage, for a variation in 
the supply voltage from 85 percent to 115 percent of the rated supply 
voltage at a temperature of 20 degrees C, and that battery operated 
equipment be tested using a new battery. The 25 kHz offset requirement 
will prevent wireless microphones from operating at the edge of a TV 
channel where they could interfere with TV stations on adjacent 
channels, and the frequency tolerance requirement will ensure that 
devices do not drift from the designated frequencies. The limit on the 
bandwidth that a wireless microphone may occupy will leave room for the 
operation of multiple microphones within a TV channel.
    44. The Commission will require that unlicensed wireless 
microphones comply with the same emission mask as licensed part 74 
wireless microphones. Specifically, it will require that emissions from 
analog and digital unlicensed wireless microphones comply with the 
emission masks in section 8.3 of ETSI EN 300 422-1 v1.4.2 (2011-08), 
Electromagnetic compatibility and Radio spectrum Matters (ERM); 
Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: 
Technical characteristics and methods of measurement. Requiring 
wireless microphones to meet these tighter emission requirements will 
protect authorized services in adjacent bands from harmful 
interference, and will improve spectrum sharing by wireless 
microphones. Outside of the

[[Page 73050]]

frequency range where the ETSI masks are defined (one megahertz above 
and below the wireless microphone carrier frequency), the Commission 
will require that emissions comply with same limit as the edge of the 
ETSI masks, specifically, 90 dB below the level of the unmodulated 
carrier. The Commission is incorporating the ETSI EN 300 422-1 standard 
into the part 15 rules by reference and adding it to the list of 
measurement procedures in Sec. Sec.  15.31 and 15.38.

B. 600 MHz Guard Bands and Duplex Gap

1. Guard Bands
a. Protecting Adjacent TV Bands
    45. White space devices. The Commission is adopting its proposal to 
allow fixed and personal/portable white space devices to operate at 40 
milliwatts EIRP in a six megahertz frequency band within the guard 
bands and duplex gap. This power level and bandwidth will be useful for 
unlicensed devices, and the Commission's analysis shows that operation 
at this power level will not cause harmful interference to television 
services in adjacent bands. As discussed fixed white space devices can 
operate in the TV bands with a power level of 40 milliwatts EIRP and an 
antenna height of 10 meters AGL on channels immediately adjacent to 
occupied TV channels. The Commission will therefore also allow fixed 
white space devices to operate in the guard band adjacent to the 
remaining TV spectrum at the same power level and antenna height as in 
the TV bands. In the event that market variation necessitates placing 
TV stations in the guard bands in some markets, the Commission will 
require that white space devices operating in the guard bands comply 
with the same requirements (e.g., minimum separation distances) that 
apply to white space devices operating in the TV bands.
    46. Wireless microphones. The Commission will allow wireless 
microphones to operate in the guard bands and duplex gap with a maximum 
power of 20 milliwatts EIRP. Consistent with the treatment of 
unlicensed wireless microphones in the TV bands, the Commission is 
specifying the power limit in terms of EIRP rather than conducted 
power. However, wireless microphone power limits in the guard bands 
will be lower than the levels permitted under the current part 74 rules 
(50 milliwatts in the VHF TV band and 250 milliwatts in the UHF TV 
band) or under the part 15 waiver (50 milliwatts in both the VHF and 
UHF TV bands). This power level is necessary to protect adjacent band 
wireless downlink services from harmful interference. Where the guard 
band is immediately adjacent to TV spectrum, wireless microphones 
operating at 20 milliwatts EIRP or less will not cause harmful 
interference to TV reception because they already operate in such a 
manner (i.e., with no frequency separation) at the higher 50 milliwatt 
power level without causing interference.
b. Protecting Adjacent Wireless Downlink Bands
(i) White Space Devices
    47. The Commission is adopting its proposal to require that white 
space devices operating at 40 milliwatts EIRP in a six megahertz 
frequency band within the guard bands provide at least a three 
megahertz frequency separation from wireless downlink spectrum. The 
Commission is selecting three megahertz as the minimum frequency 
separation because filter attenuation increases beyond a three 
megahertz frequency separation, thus reducing the potential for white 
space devices to cause harmful interference to wireless downlink 
services. In addition, the out-of-band emissions from white space 
devices, which are a potential source of harmful interference to 
wireless handsets, tend to fall further below the limits required by 
the rules as the frequency separation from a white space device 
increases. Thus, a frequency separation of three megahertz will reduce 
the likelihood of a wireless handset receiving harmful interference.
    48. As explained the rules the Commission is adopting create an 
environment where the potential for white space devices to cause 
harmful interference to adjacent wireless downlink bands is low. 
Accordingly, the Commission finds no basis to adopt significantly 
tighter out-of-band emission limits, lower power levels, or a five 
megahertz frequency buffer to protect wireless downlink receivers from 
harmful interference from white space devices, as advocated by CTIA and 
AT&T.
    49. The Commission assesses the potential for harmful interference 
from 40 milliwatt white space devices to wireless downlink services in 
adjacent bands. Because there are neither 600 MHz band wireless devices 
nor portable white space devices currently available, the analyses are 
based on the predicted performance of such equipment. The analyses also 
rely on predictions of other factors, including propagation and body 
losses, which affect whether harmful inference will occur. These losses 
can vary significantly in practice, so the Commission must make 
reasonable assumptions concerning these factors based on its 
experience. The purpose of the analyses is to determine whether the 
rules the Commission is adopting comply with the Spectrum Act's 
requirement that the Commission not permit any use of a guard band that 
it determines would cause harmful interference to licensed services.
    50. Harmful interference is defined by the Commission's part 2 
rules as ``interference which endangers the functioning of a 
radionavigation service or of other safety services or seriously 
degrades, obstructs, or repeatedly interrupts a radiocommunication 
service operating in accordance with [the ITU] Regulations.'' The 
Commission finds it appropriate to use the existing definition of 
harmful interference. Applying this definition to the Spectrum Act, the 
Commission finds that it may not permit any use of the guard bands that 
it determines would cause serious degradation, obstruction, or repeated 
interruption to new 600 MHz service. The Commission further finds that 
it need not set technical rules so restrictive as to prevent all 
instances of interference, as opposed to harmful interference. 
Determining ex ante when operations in one band will seriously degrade, 
obstruct, or repeatedly interrupt operations in another band 
necessarily involves the Commission examining the particular 
interference scenario that is likely to arise and exercising its 
predictive judgment. In this circumstance, the Commission establishes 
technical rules for white space devices and microphones that will 
permit their use without causing harmful interference (although not 
necessarily eliminating all interference) to new 600 MHz service 
licensees.
    51. The Commission's analyses show little potential for harmful 
interference to wireless handsets from portable white space devices. It 
believes that portable devices represent the worst case for harmful 
interference because these types of devices would operate in the 
closest proximity to each other. By contrast, the Commission expects 
that white space devices used in fixed applications, such as access 
points or for providing point-to-point communications, would typically 
have a greater physical separation distance from licensed wireless 
handsets, thus posing even less risk of harmful interference. The 
Commission first considers the impact of out-of-band emissions from 
white space devices into the frequency bands that are received by 
wireless handsets, since out-of-band emissions from a transmitter in an

[[Page 73051]]

adjacent band appear as co-channel emissions within the band of a 
service potentially receiving harmful interference. Second, the 
Commission considers the effect of ``blocking'' from a white space 
transmitter to wireless receivers in the adjacent wireless downlink 
band. Blocking interference occurs because a receiver has limits on the 
level of adjacent channel emissions it can tolerate due to the 
selectivity of its internal filters.
    52. Out-of-band emission interference. With respect to harmful 
interference to wireless handsets from white space device out-of-band 
emissions, the Commission makes several assumptions detailed below. For 
the reference sensitivity of the handset receiver, the Commission used 
-97 dBm at the antenna input as specified the applicable 3GPP standard. 
This is the weakest signal level at which a receiver can meet a minimum 
specified throughput. It is not unreasonable to assume that a handset 
will typically operate at a level that is at least 10 dB higher than 
the minimum. Thus, using the -97 dBm reference sensitivity specified in 
the 3GPP standard is conservative.
    53. An LTE handset will typically use an antenna with a gain of 
less than 0 dBi due to size and efficiency constraints, so the 
Commission assumes an antenna gain of -6 dBi. Antennas built into 
deployed equipment are often mass produced and do not conform to the 
same exacting specification as a 0 dBi reference antenna, and embedded 
handset antennas can experience several dBs of loss because they are 
not one hundred percent efficient. In addition, antennas may also 
experience some loss due to impedance mismatch, and the radiation 
pattern of an antenna is not uniform in all directions and will have 
less than the maximum gain (or loss) in many directions. For these 
reasons, the Commission believes that assuming -6 dBi of antenna gain 
represents a realistic representation of the embedded antenna that will 
be installed on LTE handsets in the 600 MHz band.
    54. Because the separation distances between unlicensed and 
licensed devices the Commission is considering are short (i.e., on the 
order of several meters maximum), a free space signal propagation model 
is appropriate. Free space path loss is the propagation loss that 
results from a line of sight path through space. When the transmitter 
and receiver are very close together, there is a high probability that 
they have a clear line of sight, and free space path loss provides a 
bound on the loss of the transmission system.
    55. The Commission assumes several other factors will attenuate the 
signal transmitted from the unlicensed device. First, it assumes that 
there will be 2 dB signal loss due to polarization mismatch between 
transmit and receive antennas due to the orientation of transmit and 
receive antennas not being in the same plane. Second, the Commission 
assumes that there will be 3 dB body loss at both the unlicensed 
transmitter and at the LTE handset since the analysis considers 
portable devices that are typically held in the hand or carried on a 
person. In the case where a device may be placed on a table and not 
held, other losses, such as absorption and reflection from the table, 
often in excess of the 6 dB assumed here (3 dB each for the white space 
device and the LTE device) substitute for body loss. Third, the 
Commission assumes that there will typically be 3.5 dB or more in 
propagation losses due to multipath (0.5 dB) and shadowing (3 dB) from 
nearby walls, objects or persons in the room. Taken together, the 
losses described will be present to varying degrees and in most cases 
at values above the conservative values chosen for analysis purposes.
    56. To account for the reduction in emissions level of white space 
devices in the LTE channel, the Commission conservatively assumes a 3 
dB slope loss. The white space out-of-band emission mask requires the 
emissions to attenuate to the Sec.  15.209 levels within six megahertz 
of the channel on which it is operating, so these emissions will 
attenuate over the three, to five megahertz buffer provided by the 
guard bands and duplex gap to a level below the Commission's limit 
before reaching the edge of the LTE channel.
    57. The Commission believes that using a 3 dB desensitization level 
as the interference threshold is more appropriate than a 1 dB level. 
The Commission stated in the H Block Order, WT Docket No. 12-357, 78 FR 
50214, August 16, 2013, that a 1 dB desensitization criterion is too 
restrictive for modern cellular systems. It further noted that the 3GPP 
standard for UMTS and LTE devices specifies an in-band blocking 
requirement that sets the interfering signal level 6 dB or more above 
the reference sensitivity level. In that proceeding, for determining 
mobile interference, the Commission found that the 3 dB desensitization 
level is a more appropriate metric for determining the presence of 
harmful interference.
    58. Based on the foregoing assumptions, and using the out-of-band 
emission limits for 40 milliwatt white space devices, the Commission 
calculates that for a 3 dB desensitization level, interference could 
begin to occur at 0.8 meters. In the interest of completeness, the 
Commission notes that this distance rises to 1.7 meters for a 1 dB 
desensitization level. Thus, the Commission believes that using even 
the more stringent 1 dB desensitization criterion, the probability of 
harmful interference occurring would be an extremely unlikely event due 
to a variety of factors that would need to occur simultaneously. For 
example, a wireless device would have to be receiving in a frequency 
block immediately adjacent to the guard band or duplex gap, the 
received wireless signal would have to be at an extremely low level, a 
white space device would have to be located in very close proximity to 
a wireless device, the antenna patterns of both the transmitter and 
receiver would have to be closely aligned to maximize the white space 
device signal at the receiver, and there would have to be very low body 
and other propagation losses. While situations like this could occur, 
the Commission believes that the probability is very low. Even in such 
situations, there are other mitigating factors that could prevent 
harmful interference from occurring. For example, white space devices 
must incorporate transmit power control, so they often operate below 
the maximum allowable power, and wireless networks manage operating 
channels and handset power in noisy conditions to ensure the best 
possible quality of service. Thus, the Commission believes that the 
criteria it is adopting for white space devices will protect the 600 
MHz service from harmful interference.
    59. Blocking interference. With respect to blocking interference, 
the Commission also considers interference between portable devices. 
Blocking interference results from limitations on a receiver's ability 
to reject signals in an adjacent band. The Commission once again 
assumes a reference sensitivity for the LTE receiver of -97 dBm/5 MHz. 
The Commission also considered the 3GPP standard which specifies a 
minimum receiver adjacent channel selectivity of 33 dB. The Commission 
further assumed an additional 10 dB for adjacent channel selectivity 
beyond the edge of the channel in which a white space device operates 
(three to five megahertz removed from the edge of the wireless downlink 
band).
    60. The Commission makes many of the same assumptions as in the 
out-of-band emission interference analysis, including the use of a free 
space propagation model, 2 dB for antenna polarization mismatch, 3 dB 
body loss at both the white space device and the

[[Page 73052]]

wireless handset, 3.5 dB loss for shadowing and multipath, 3 dB for 
OOBE slope loss, and a receiver antenna gain of -6 dBi. Consistent with 
the analysis above, the Commission also assumed that real-world devices 
would operate with a 10 dB stronger signal than the minimum in the 3GPP 
standard. Using a 3 dB desensitization criterion, the Commission 
assumes that interference will begin to occur to a handset at a level 
greater than -54 dBm (the reference sensitivity plus the adjacent 
channel selectivity plus 10 dB). The Commission calculates that an LTE 
handset would receive an adjacent channel signal level of -54 dBm at a 
distance of 3.4 meters. For a 1 dB desensitization level, this distance 
would increase to 6.8 meters. This result requires some context. First, 
the 3GPP standard defines blocking as the point at which throughput 
falls below 95% of the maximum throughput. As Google showed in their 
measurements, variations of greater than 5% throughput typically occur 
under normal usage conditions. This can be due to a variety of reasons, 
such as movement of a handset and a continuously changing 
electromagnetic environment. Therefore, even though an LTE handset may 
experience some blocking interference from a white space device as 
close as 3.4 meters (or even 6.8 meters), the Commission does not 
believe this rises to the level of harmful interference as the LTE 
handset will continue to function, just at a slightly slower data rate, 
which it believes in the vast majority of instances would not be 
perceptible to the user, since a user would likely experience similar 
fluctuations in data rates under normal usage conditions.
    61. In sum, the Commission finds that the likelihood of harmful 
interference from 40 milliwatt white space devices to wireless downlink 
services is extremely low. It is not possible to ensure that harmful 
interference will never occur, as wireless interests apparently 
request. The part 15 rules recognize this fact, indicating that the 
limits in part 15 will not prevent harmful interference under all 
circumstances and that it is the obligation of the unlicensed device to 
eliminate the interference or cease operations. Nevertheless, as 
described above, the Commission finds that actual harmful interference 
from white space devices to wireless systems at the technical limits it 
is adopting would be an extremely unlikely event due to a variety of 
factors that would need to occur simultaneously. For example, one 
factor noted above is that white space devices must incorporate 
transmit power control, so they often operate below the maximum 
allowable power to conserve battery power. The Commission does not 
believe it is appropriate to establish technical requirements for white 
space devices based on the absolute worst case situation which will 
happen only rarely in the real world.
    62. While the Commission's technical analysis shows that there is a 
low probability that unlicensed devices will cause harmful interference 
to licensed wireless services, it nonetheless reminds parties that the 
rules prohibit unlicensed devices from causing harmful interference, 
even devices that comply with the technical rules. In the event white 
space devices cause harmful interference to licensed wireless services, 
there are steps that the Commission could take to eliminate the 
interference. If a licensed wireless service provider believes that an 
unlicensed device is causing harmful interference to its licensed 
service, the Commission requires all relevant parties to work 
collaboratively and in good faith to address those concerns in a timely 
manner. To that end, the Commission plans on providing guidance in the 
future about how a licensed wireless service provider can contact a 
party responsible for the unlicensed device to discuss interference 
concerns. In addition, a licensed wireless provider can ask the 
Commission to adjudicate any claims of harmful interference and the 
Commission can take immediate corrective action upon determining that 
there is harmful interference, including by directing the database 
administrator(s) to deny the offending device(s) access to spectrum.
    63. Finally, the Commission concludes that because its analysis 
shows that out-of-band emissions from white space devices have a low 
probability of causing harmful interference to wireless services, there 
is no need for tighter out-of-band emissions from white space devices. 
Additionally, the Commission observes that the out-of-band emission 
limits that licensed wireless handsets must meet are higher than the 
out-of-band emission limits it is requiring white space devices to 
meet. No party has addressed the inconsistency of why these higher out-
of-band emission limits from handsets are not problematic while white 
space device emissions will allegedly cause harmful interference. 
Therefore, the Commission finds it both unnecessary and inequitable to 
require white space devices to meet even tighter out-of-band emission 
limits.
    64. The Commission further concludes that based on its analysis, it 
need not designate any 600 MHz service spectrum blocks as ``impaired'' 
due to the potential presence of unlicensed white space devices 
operating in the guard bands or duplex gap. The analysis provided above 
shows that 600 MHz service licensees will not experience harmful 
interference due to the presence of unlicensed devices operating in the 
guard bands or duplex gap. The Commission believes licensees operating 
on those bands will enjoy a similar spectrum environment as 600 MHz 
service licensees operating on non-adjacent spectrum blocks and be able 
to deliver competitive broadband service to the U.S. public free from 
harmful interference.
(ii) Wireless Microphones
    65. The Commission will allow unlicensed wireless microphones to 
operate in the guard bands with a maximum power of 20 milliwatts EIRP 
and at least one megahertz frequency separation from wireless downlink 
spectrum. This power level will be useful for wireless microphone 
operators because many wireless microphones operate at power levels 
between 10 and 20 milliwatts. The Commission finds that this power 
limit for wireless microphones is necessary in the guard bands and 
duplex gap to protect licensed wireless services outside these 
frequency bands. In addition, because the Commission is allowing white 
space devices to operate in the guard bands and duplex gap at power 
levels of 40 milliwatts EIRP, limiting the power of unlicensed wireless 
microphones can help enable coexistence between unlicensed wireless 
microphones and white space devices by making both types of devices 
operate at more comparable power levels. The fact that the Commission 
is specifying wireless microphone power in terms of EIRP, rather than 
conducted power as proposed in the NPRM, will benefit wireless 
microphone manufacturers by ensuring that they can design equipment 
that operates with a maximum radiated power of 20 milliwatts, even if 
the design of a device requires the use of a less efficient antenna.
    66. The Commission rejects arguments that a nine megahertz 
frequency buffer is necessary to protect wireless downlink spectrum 
from wireless microphones. It is requiring a one megahertz buffer 
because the ETSI out-of-band emission limits that it is requiring 
wireless microphones to meet specifies that out-of-band emissions roll 
off over a one megahertz frequency

[[Page 73053]]

span. Thus, a one megahertz buffer ensures that wireless microphone 
out-of-band emissions will be at or below the ETSI limits in the 
wireless downlink band. The Commission performed analyses on the 
interference potential of wireless microphones to wireless downlinks 
that are similar to those for white space devices. Specifically, the 
Commission considered both interference from out-of-band emissions as 
well as blocking interference.
    67. Out-of-band emissions interference. With respect to harmful 
interference to wireless handsets from wireless microphone out-of-band 
emissions, the Commission uses many of the same assumptions it used in 
its analysis of white space device emissions into the wireless downlink 
band. Specifically, it uses a handset receiver reference sensitivity of 
-97 dBm at the antenna input and assumes a handset antenna gain of -6 
dBi. It also uses a free space signal propagation model and assumes 
that several factors will act to attenuate the signal transmitted from 
the wireless microphone, including a 2 dB signal loss due to 
polarization mismatch between the transmit and receive antennas, 3.5 dB 
in propagation losses due to multipath and shadowing from nearby walls, 
objects or nearby people, and 3 dB of body loss at the wireless 
handset. Based on information submitted into the record regarding 
wireless microphone body loss, the Commission assumes a larger body 
loss for a wireless microphone (8 dB for a body worn wireless 
microphone and 18 dB for a handheld wireless microphone) than it 
assumes for a white space device (3 dB). In addition, a wireless 
microphone's frequency band of operation will be at least one megahertz 
removed from the LTE downlink band where emissions are at the ETSI 
limit. The Commission expects that wireless microphone emissions will 
continue to roll-off beyond the ETSI limit as frequency separation 
continues, but because equipment certification measurement reports do 
not currently contain measurement data based on the ETSI limits, the 
Commission is not assuming a 3 dB slope loss for wireless microphones 
as it does for white space devices. Finally, as with white space 
devices, the Commission bases its analysis on an interference criterion 
of a 3 dB rise in the noise floor.
    68. Based on the foregoing assumptions, and using the ETSI -90 dBc 
out-of-band emission limits for a 20 milliwatt (13 dBm) 200 kilohertz 
wireless microphone at a frequency separation of one megahertz and 
greater, the Commission calculates the distance at which the 
interference criterion is exceeded. These distances (less than a tenth 
of a meter) are so short that the Commission believes OOBE interference 
from wireless microphones poses little risk of causing harmful 
interference to 600 MHz service downlinks even when multiple wireless 
microphones are used in close proximity. Because the necessary 
separation distances are so short, it is unlikely that multiple 
wireless microphones could be used in such close proximity to a 600 MHz 
service band handset. Even if several microphones were to be used near 
a wireless handset, they could not all use the same frequency in order 
to avoid causing interference to other wireless microphones. As 
wireless microphones spread throughout the guard bands and duplex gap, 
they will use frequencies farther from wireless downlink spectrum and 
the Commission predicts that out-of-band emissions from those 
additional wireless microphones will decline as the emission levels 
roll-off due to increased frequency separation.
    69. Blocking interference. With respect to blocking interference 
from wireless microphones, the Commission again assumes a reference 
sensitivity for the LTE receiver of -97 dBm and an adjacent channel 
selectivity of 33 dB. Because the Commission is allowing wireless 
microphones to operate at a closer frequency separation than white 
space devices (one megahertz instead of three megahertz), it is 
assuming a conservative handset receive filter rejection of 3 dB. In 
addition, the Commission makes many of the same assumptions as in the 
out-of-band emission interference analysis for wireless microphones, 
including the use of a free space propagation model, 3 dB body loss at 
the wireless handset, 8 dB of body loss for body worn wireless 
microphones and 18 dB of body loss for handheld wireless microphones, 
3.5 dB loss for shadowing and multipath, and a receiver antenna gain of 
-6 dBi. Consistent with the analyses above, the Commission also assumes 
that real world devices would operate with a 10 dB stronger signal than 
the minimum specified in the 3GPP standard. Also, the Commission 
assumes a 3 dB rise in the noise floor as the appropriate interference 
criterion. In this case, the distances at which the interference 
criterion may be exceeded are 6.6 meters for body worn microphones, and 
2.1 meters for hand held microphones. For a 1 dB rise in the noise 
floor, the distances at which the interference criterion may be 
exceeded are 13.2 meters for body worn microphones and 4.2 meters for 
hand held microphones.
    70. As with white space devices, this result requires some context. 
The Commission again points out that the 3GPP standard defines blocking 
as the point at which throughput falls below 95% of the maximum 
throughput, and as Google showed in their measurements, variations of 
greater than 5% throughput typically occur under normal usage 
conditions. Therefore, even though an LTE handset may experience some 
blocking interference from a wireless microphone as close as 6.6 
meters, the Commission does not believe this rises to the level of 
harmful interference. Handsets will continue to function, albeit at a 
slightly slower data rate, which the Commission believes would 
generally not be perceptible to the user as that user would likely 
experience similar fluctuations in data rates under normal usage 
conditions. In addition, the Commission does not believe that even with 
multiple microphones operating within a close area, 600 MHz service 
handsets would experience harmful interference. First, the wireless 
microphones would themselves need to spread over many different 
frequencies to avoid interfering with each other. Thus, it is unlikely 
that more than one microphone would be operating at the frequency next 
to the one megahertz buffer in the guard bands or duplex gap within a 
given area. Second, to conserve battery power, wireless microphones, 
like white space devices and mobile handsets, generally operate below 
the maximum allowable power which reduces the likelihood of 
interference. Third, as with the analysis for white space devices, the 
analysis here considers the worst case which is unlikely to actually 
occur. Aside from the analysis assuming the wireless microphone is 
operating at maximum power, inherent in the worst case situation is 
that the mobile handset is operating at the edge of coverage near its 
sensitivity level, on the frequency closest to the guard bands or 
duplex gap, the antenna patterns of both the wireless microphone and 
wireless receiver would have to be closely aligned to maximize the 
wireless microphone signal at the receiver, and there would have to be 
de minimis body and other propagation losses; a scenario that is not 
likely to occur often, if at all. Finally, the Commission notes that 
wireless microphones are generally used in specific places--theaters, 
arenas, churches, etc. and not likely to be found in all areas where 
mobile handsets are in heavy use. Even at breaking news events, where 
there may be a mix of mobile handsets and wireless microphones, the 
Commission believes

[[Page 73054]]

it unlikely that all the factors needed to cause interference would 
occur simultaneously. Thus, the Commission finds that the likelihood of 
wireless microphones in the guard bands and duplex gap causing harmful 
interference to 600 MHz wireless downlink service to be very low.
c. Frequencies of Operation
    71. White space devices. In the case of a nine megahertz guard 
band, a white space device with three megahertz separation from 
wireless downlink spectrum will be immediately adjacent to a TV 
channel. Such operation is consistent with the analysis detailed above 
showing that a three megahertz guard band will protect wireless 
handsets from white space devices and that no guard band is needed to 
protect adjacent channel TV operations. If the guard band is 11 
megahertz, the Commission will apportion the spectrum such that white 
space devices will be required to operate at the lower end of the guard 
band, immediately adjacent to TV spectrum and five megahertz from 
wireless handsets. This will correspondingly provide a contiguous four 
megahertz block of spectrum not shared with white space devices for 
wireless microphone use and a one megahertz guard band between wireless 
microphones and wireless handsets. Distributing usage across an 11 
megahertz guard band reduces the burden on white space devices, which 
will always operate in the same portion of the guard band, thus making 
channel availability checks simpler than if white space devices could 
operate anywhere within the guard band where they maintain at least a 
three megahertz separation from wireless downlink spectrum. Finally, 
this plan is consistent with the plan the Commission is adopting for 
the 11 megahertz duplex gap.
    72. The Commission is also adopting rules to allow white space 
device operation in a seven megahertz guard band. It will permit 40 
milliwatt white space devices to operate in the lower four megahertz 
portion of a seven megahertz guard band, i.e., the portion immediately 
adjacent to television spectrum. This will leave a three megahertz 
frequency separation from wireless downlink spectrum above the guard 
band. The Commission will require that white space devices operating 
under these provisions comply with the same technical requirements as 
40 milliwatt white space devices in nine or 11 megahertz guard bands, 
with the exception of the channel bandwidth and the PSD limit. The 
current PSD limit would prevent a white space device in a four 
megahertz channel from attaining the full 40 milliwatts EIRP because 
the power is concentrated in a narrower bandwidth than was used in 
establishing the limit. The Commission will therefore allow such 
devices to comply with a PSD limit of 0.6 dBm/100 kHz EIRP. It will 
also require that a 40 milliwatt fixed device operating in a four 
megahertz channel comply with a conducted PSD limit of -5.4 dBm, since 
the conducted power limit for fixed devices is 6 dB less than the EIRP 
limit. These limits are about 2 dB higher than the limits for white 
space devices in a six megahertz channel. Because the out-of-band 
emission limits are not being modified for this narrower white space 
channel, the total radiated power adjacent to TV remains at 40 
milliwatts. The Commission also maintaining the three megahertz 
separation to 600 MHz band wireless downlinks. Thus, Commission does 
not believe that white space devices operating in a seven megahertz 
guard band will cause harmful interference to either television 
reception or wireless downlinks.
    73. The Commission does not adopt rules to allow white space 
devices to operate in a three megahertz guard band adjacent to channel 
37. A guard band that size would be too small to permit white space 
device operation, because at least a three megahertz frequency 
separation is required to protect wireless downlink services.
    74. Wireless microphones. The Commission will allow unlicensed 
wireless microphones to operate in certain segments of the guard bands. 
In the guard band between television and wireless downlink spectrum, 
the Commission will allow unlicensed wireless microphones to operate 
across the guard band regardless of its eventual size (determined by 
the results of the auction) with the exception of a one megahertz 
segment at the upper end that would act as a buffer between unlicensed 
wireless microphone operations and wireless downlink services. If the 
guard band is 11 megahertz wide, unlicensed wireless microphones will 
be allowed to operate in the lower ten megahertz segment of the band; 
if the guard band is nine megahertz wide, unlicensed wireless 
microphones will be allowed to operate in the lower eight megahertz 
segment; and if the guard band is seven megahertz wide, unlicensed 
wireless microphones will be allowed to operate in the lower six 
megahertz segment.
    75. In the three megahertz guard bands adjacent to channel 37, the 
Commission will allow unlicensed wireless microphones to operate in the 
two megahertz segment closest to channel 37, leaving a one megahertz 
buffer to protect wireless downlink services adjacent to these guard 
bands. Wireless microphones currently operate on channels 36 and 38 at 
up to 250 milliwatts without causing harmful interference to WMTS and 
RAS operations on channel 37. The Commission thus concludes that there 
is no need for any frequency separation between unlicensed wireless 
microphones operating in the guard bands and channel 37 because it is 
limiting the maximum permitted power in this spectrum to 20 milliwatts 
to protect wireless downlink services.
2. Duplex Gap
a. Protecting Adjacent Wireless Downlink and Uplink Bands
    76. Wireless downlink bands will be protected from harmful 
interference by requiring that unlicensed white space devices operate 
at 40 milliwatts EIRP with at least three megahertz frequency 
separation from wireless downlink bands and that wireless microphones 
operate at 20 milliwatts EIRP with at least one megahertz separation 
from wireless downlink bands. The Commission will require that licensed 
wireless microphones operating in the duplex gap comply with the same 
technical requirements as unlicensed wireless microphones in the guard 
bands. The split of the duplex gap described below will provide for a 
one megahertz frequency separation between licensed wireless 
microphones and wireless downlink spectrum. It will also provide for a 
frequency separation of five megahertz, rather than three megahertz, 
from wireless downlink spectrum. Thus, wireless downlink services will 
be protected from harmful interference.
    77. Regarding wireless uplink bands, the Commission concludes that 
that it is not necessary to provide any frequency separation between 
white space devices and unlicensed wireless microphones and wireless 
uplink spectrum to prevent harmful interference to base station 
receivers. Base station antennas are generally mounted high on a tower, 
providing distance separation between them and white space devices and 
wireless microphones. Also, base stations can take advantage of better 
receive filters to minimize the potential for adjacent channel 
interference. These factors lead to very little risk of harmful 
interference to wireless base stations even when white space devices 
and unlicensed wireless microphones operate immediately adjacent to 
wireless uplink spectrum.

[[Page 73055]]

b. Frequencies of Operation
    78. The Commission is adopting the proposed 1-4-6 split of the 
duplex gap. A six megahertz band for unlicensed devices, which will be 
used by both unlicensed white space devices and unlicensed wireless 
microphones, is supported by the record and is consistent with the 
current white space device rules. Additionally, a four megahertz 
segment of the duplex gap is designated for licensed wireless 
microphones users only, thus enabling them to access spectrum for 
quick-breaking events without having to reserve channels in the white 
space databases. This plan maximizes the frequency separation between 
the six megahertz segment of the duplex gap for white space device use 
and wireless downlink spectrum, thereby reducing the risk of harmful 
interference to those adjacent band services as required by the 
Spectrum Act. The one megahertz buffer at the lower end of the duplex 
gap provides a margin of interference protection to wireless handsets 
from licensed wireless microphones. The Commission will allow 
unlicensed wireless microphones to operate in the same six megahertz 
portion of the duplex gap as white space devices, and licensed wireless 
microphone use will be permitted in the four megahertz segment of the 
lower duplex gap designated for their operation. This plan balances the 
spectrum needs of unlicensed white space and wireless microphone users, 
by making spectrum available for both wireless microphones and white 
space devices, while minimizing the likelihood of harmful interference 
to licensed wireless services.
    79. The Commission concludes that it is not necessary to provide a 
guard band between the four megahertz designated for licensed wireless 
microphones and the six megahertz designated for unlicensed white space 
devices and unlicensed wireless microphones. Recognizing that the rules 
require low emissions from white space devices outside their channel of 
operation, the record indicates that the risk of adjacent channel 
interference to licensed wireless microphones is low. Wireless 
microphones currently operate adjacent to white space devices as well 
as full power television stations with no adverse effects as their 
narrow bandwidths and receiver selectivity provide interference 
protection. Thus, there is a low risk of unlicensed white space devices 
or unlicensed wireless microphones causing harmful interference to 
licensed wireless microphones in the adjacent band.
    80. The Commission disagrees with parties requesting a one 
megahertz buffer at the upper end of the duplex gap to protect white 
space devices from possible interference from wireless uplinks (handset 
transmitters) in the adjacent band. As discussed, a one megahertz 
frequency separation is necessary to protect licensed operations in 
wireless downlink spectrum (handset receivers) from wireless 
microphones operating in an adjacent frequency band, and the Commission 
declines to eliminate this buffer from the lower end of the duplex gap. 
To add a one megahertz buffer at the upper end of the duplex gap would 
reduce the spectrum available for licensed wireless microphones in 
order to maintain six megahertz for white space devices. Given the 
Commission's objective to balance the interests of different users, it 
is not reducing the amount of spectrum designated for licensed wireless 
microphones in the duplex gap.
3. Database Access
    81. The Commission will require that unlicensed white space devices 
and unlicensed wireless microphones operating in the 600 MHz guard 
bands, including the duplex gap, rely on database access to identify 
vacant channels for their use. This requirement is necessary because 
the Spectrum Act requires that unlicensed use of the guard bands ``must 
rely on a database or subsequent methodology as determined by the 
Commission.'' The Commission concludes that this requirement is not 
unduly burdensome because there are several white space databases 
available, and unlicensed wireless microphone users will have an 
incentive to check a database to identify available frequencies for 
their use. The Commission will not require that licensed wireless 
microphone users in the duplex gap rely on the white space databases to 
determine if those frequencies are available for their use at their 
location prior to operation.
    82. Because the Spectrum Act does not define the terms ``rely on a 
database'' or ``subsequent methodology,'' the Commission concludes that 
the Spectrum Act gives it discretion to determine how unlicensed white 
space devices and unlicensed wireless microphone users should ``rely 
on'' the white space databases to identify available frequencies in the 
guard bands for their use. Unlicensed white space devices will rely on 
a database for identifying channels available for their use in the 
guard bands and duplex gap as they do now in the TV bands.
    83. The Commission concludes that unlicensed wireless microphone 
users can satisfy the Spectrum Act's requirement to ``rely on'' a 
database by manually checking it via a separate Internet connection 
which can be done using a smart phone, laptop, or other similar 
telecommunications devices. The Commission will require that unlicensed 
microphone users check the databases prior to beginning operation at a 
given location (e.g., prior to beginning a performance). Because the 
databases will identify available channels based on the location where 
a microphone will be used (latitude and longitude), the user will need 
to re-check the databases for available channels if it moves from the 
earlier location.
    84. The Commission will not require licensed wireless microphone 
users of the four megahertz segment in the duplex gap to access a 
database before beginning operation. During the post-auction transition 
period while TV stations are in the process of vacating their channels 
in the 600 MHz band, a licensed wireless microphone user may need to 
determine whether the duplex gap is available in an area. After the end 
of this transition period, the duplex gap will generally be available 
nationwide, except possibly in a limited number of locations if the 
auction outcome necessitates repacking some TV stations into the duplex 
gap. Broadcasters and cable programming network entities that will be 
licensed to operate in the duplex gap are sophisticated users that are 
capable of determining whether the duplex gap is available at their 
location. Since the Commission is limiting operation in this four 
megahertz segment to licensed users, the Spectrum Act's requirement 
that unlicensed devices rely on database access or a subsequent 
methodology as determined by the Commission does not apply.

C. 600 MHz Service Band

1. White Space Devices
a. Permissible Types of Operation
    85. The Commission will allow fixed, Mode I and Mode II white space 
devices to operate in the 600 MHz service band under the same technical 
requirements (e.g., power, antenna height, database access) that apply 
to operation in the TV bands. Additionally, it will require that white 
space devices comply with separation distances from the areas where a 
wireless licensee has commenced operations.
    86. The Commission rejects arguments that white space devices in 
the duplex gap and 600 MHz service band should have the same power 
limit.

[[Page 73056]]

White space devices will be limited to 40 milliwatts in the duplex gap 
because they will operate in the same geographic areas where 600 MHz 
service licensees have commenced operation, and on frequencies adjacent 
to wireless uplink and downlink spectrum with small or no frequency 
separations and, potentially, at short physical separation distances 
from wireless handsets. In contrast, white space devices will be 
allowed to operate in the 600 MHz service band only at locations where 
a wireless licensee has not commenced operations, so the Commission can 
allow higher power levels for white space devices in the 600 MHz 
service band than in the duplex gap. Issues pertaining to the 
definition of ``commence operations'' will be addressed separately in 
response to the Commence Operations PN.
    87. The Commission rejects arguments that the Spectrum Act 
prohibits unlicensed use of the 600 MHz service band. The Spectrum Act 
specifically permits unlicensed use of the guard bands, but does not 
contain any prohibition on continued unlicensed use of the 600 MHz 
service spectrum prior to a 600 MHz service licensee commencing 
operations. Thus, the Commission finds that such operations are not 
prohibited by the Spectrum Act.
b. Protection Criteria
(i) Wireless Uplinks
    88. The Commission adopts the proposed minimum separation distances 
that white space devices must meet when operating in spectrum that is 
also used for licensed 600 MHz wireless uplinks or downlinks. While 
these distances were calculated by determining the minimum separation 
from base stations that white space devices must meet to avoid causing 
harmful interference, consistent with the proposals in the Notice, the 
Commission is requiring that white space devices comply with these 
distances from any point along the edge of the polygon representing the 
outer edge of base station deployment, rather than from just the points 
that define the polygon in the database. This requirement is necessary 
because the points defining a polygon could in some instances be 
farther apart than the protection distances, thus possibly under-
protecting base stations that are just inside the polygon and between 
the defined points. The co-channel and adjacent channel separation 
distances to protect wireless uplinks are listed in the final rules.
    89. The Commission adopts its proposals to define co-channel 
operation as any frequency overlap between a TV channel used by a white 
space device and a five megahertz spectrum block used by a 600 MHz 
service licensee, and adjacent channel operation as a frequency 
separation of zero to four megahertz between the edge of a channel used 
by a white space device and the edge of a five megahertz spectrum block 
used by a 600 MHz service licensee. Consistent with the rules for 
operation in the duplex gap, the Commission is not requiring adjacent 
channel separation distances to protect wireless uplink services from 
white space devices operating at 40 milliwatts since it determined that 
adjacent channel separation distances are not necessary in that case. 
However, the Commission is requiring adjacent channel separation 
distances for white space devices operating at higher power levels.
    90. In addition, consistent with the rules for operation in the TV 
bands, the Commission is requiring that a fixed or Mode II device that 
supplies a list of available channels to a Mode I device must comply 
with increased separation distances on any channels that are indicated 
as available to the Mode I device. As with operation in the TV bands, 
the Commission will base the increases in separation distance on the 
minimum co-channel separation distances at 40 and 100 milliwatts. 
Therefore, if a Mode I device operates at greater than 40 milliwatts, 
the co-channel and adjacent channel separation distances must be 
increased by 6 kilometers and 0.14 kilometers, respectively. Similarly, 
if a Mode I device operates 40 milliwatts or less, the co-channel 
separation distance must be increased by 5 kilometers.
    91. The Commission reject arguments that use of the TM-91-1 model 
is inappropriate due to the range of distances and antenna heights over 
which it is defined. While TM-91-1 was specifically developed for a 
limited range of distances and antenna heights, it has a broader range 
of application by the virtue of the fact that it is identical to the 
Egli model, which is valid over a greater range of distances and 
antenna heights than specified in TM 91-1.
    92. The Commission also rejects arguments that it should use the 
Longley-Rice model instead of the TM-91-1 model for consistency with 
the ISIX methodology. The Longley-Rice methodology uses detailed, site 
specific terrain information and performs complex, computational 
intensive calculations to determine signal coverage. In contrast, the 
Commission here develops a general table of separation distances that 
can be used by the white space databases to protect licensed wireless 
services in a wide variety of locations, so the simpler TM-91-1 model 
is more appropriate for this purpose. The Commission rejects arguments 
that it should protect wireless base stations from white space devices 
at distances beyond 60 kilometers and no specific larger distances were 
suggested in the record.
(ii) Wireless Downlinks
    93. The Commission adopts the proposed minimum separation distances 
of 35 kilometers (co-channel) and 31 kilometers (adjacent channel) 
between white space devices operating in spectrum used by 600 MHz band 
wireless downlinks and the boundary of a polygon representing the outer 
edge of base station deployment. The Commission also adopts the same 
definitions of co-channel and adjacent channel operation that apply 
with respect to wireless uplinks. The separation distances that the 
Commission adopts do not vary with EIRP or HAAT because analysis showed 
that increasing the EIRP or HAAT has only a small effect on the total 
required separation distance. These distances are also sufficient to 
provide protection from white space devices operating at 10 watts EIRP.
    94. The Commission will require 40 milliwatt white space devices to 
meet adjacent channel separation distances from the service areas where 
a wireless licensee has commenced operations, at any frequency 
separation from zero to four megahertz from wireless downlink spectrum. 
This is because the Commission is allowing fixed devices to operate 
with antenna heights of up to 250 meters HAAT, which increases their 
potential for causing harmful interference to wireless services. As 
discussed, white space devices operating in the guard band adjacent to 
wireless downlink spectrum at low antenna heights (10 meters or less 
AGL) and a minimum frequency separation of three megahertz will not 
cause harmful interference to wireless handsets and thus do not specify 
a separation distance for such operations. While the Commission could 
allow for operation of such white space devices in the 600 MHz service 
band without an adjacent channel separation distance, it adopts a 
different approach in order to reduce the compliance burdens and 
provide for bright-line rules for the 600 MHz service band. 
Specifically, for the 600 MHz service band, the Commission will require 
all white space devices to comply with a single adjacent channel

[[Page 73057]]

separation distance, independent of white space device power, antenna 
height or frequency offset.
2. Wireless Microphones
    95. The Commission will require that licensed and unlicensed 
wireless microphones operating in the 600 MHz service band comply with 
minimum co-channel and adjacent channel separation distances from the 
areas where 600 MHz service licensees are operating because this 
requirement is necessary to protect licensed wireless operations in the 
600 MHz service band. However, the Commission agrees with Sennheiser 
that the separation distances proposed in the NPRM are larger than 
necessary to protect licensed wireless services in some instances. The 
Commission is reducing the required separation distance for wireless 
microphones operating in the portion of the 600 MHz service band used 
for wireless uplinks, i.e., base station receive frequencies. However, 
it is not reducing the proposed separation distances in the portion of 
the 600 MHz service band used for wireless downlinks (35 kilometers co-
channel, 31 kilometers adjacent channel). The reason is that the 
primary component of those distances is an assumed base station 
communication radius of 30 kilometers, so the reduction in these 
separation distances would be relatively small if recalculated assuming 
a lower power for wireless microphones. While the Commission could 
allow for operation of wireless microphones in the repurposed 600 MHz 
downlink band without any adjacent channel separation distance in some 
cases similar to its actions in the guard bands and duplex gap, it 
adopts a different approach in order to reduce the compliance burdens 
and provide for bright-line rules for the 600 MHz service band. 
Specifically, for the 600 MHz service band, the Commission will require 
all wireless microphones to comply with the same adjacent channel 
separation distance as white space devices.
    96. With regard to protecting wireless uplinks, the Commission 
assumes a lower total power for wireless microphones than 4,000 
milliwatts. While licensed wireless microphones are permitted to 
operate with power levels of up to 250 milliwatts, most wireless 
microphones operate with a power level of less than 50 milliwatts. 
Based on ten wireless microphones operating at 50 milliwatts, the total 
power in a six megahertz channel would be less than 500 milliwatts. The 
actual EIRP that could affect a wireless system would be less than that 
for two reasons. First, wireless spectrum blocks are five megahertz 
wide, so depending on the overlap between a repurposed six megahertz TV 
channel and a wireless spectrum block, the maximum power that could 
fall into a five megahertz block would be 5/6 of the total, or 417 
milliwatts. In most cases, a smaller overlap would occur and the power 
that could fall into a five megahertz block will be less than 417 
milliwatts. Second, the EIRP of an individual wireless microphone is 
often less than the 50 milliwatt conducted power limit due to antenna 
efficiency limitations, and because wireless microphones are often 
operated using less than the maximum allowable power to achieve greater 
battery life and spectral efficiency. Because these two conditions are 
likely to create a situation where the overlapping power is much less 
than 417 milliwatts, the Commission will base the separation distances 
that wireless microphones must meet to protect wireless uplinks on the 
nearest white space device power level that is less than 417 
milliwatts, which is 250 milliwatts. The co-channel and adjacent 
channel separation distances that apply at that power level with a 
three meter antenna height are 7 kilometers and 0.2 kilometers. While 
the Commission could allow for operation of wireless microphones in the 
repurposed 600 MHz uplink band without any adjacent channel separation 
distance in some cases similar to its actions in the duplex gap, the 
Commission adopts a different approach in order to reduce the 
compliance burdens and provide for bright-line rules for the 600 MHz 
service band. Specifically, for the 600 MHz service band, the 
Commission will require all wireless microphones to comply with the 
same adjacent channel separation distance as white space devices.
    97. Licensed and unlicensed wireless microphones can continue to 
operate in the 600 MHz service band during the post-auction transition 
period, consistent with their secondary or unlicensed status, provided 
they do not cause harmful interference to incumbent TV services or new 
wireless services. However, they have a hard date by which they must 
cease operating in the band. The white space databases will enable 
unlicensed wireless microphone users to determine whether their 
operating location is at least four kilometers outside the protected 
contour of TV stations that continue to operate in that band and also 
to identify areas where 600 MHz service licensees are operating so they 
can avoid causing harmful interference to them. The 600 MHz service 
licensees rely on the deployment of multiple base stations to provide 
service, and expand the number and locations of base stations as they 
increase their service areas. This is a dynamic set of circumstances 
that necessitates periodic checking of the databases to identify the 
appropriate locations where wireless services are protected from 
harmful interference as required by the Incentive Auction R&O. The 
Commission will require that unlicensed wireless microphone users rely 
on the white space databases to ensure that their intended operating 
frequencies in the 600 MHz service band are available at the locations 
where they will be used. Operation in the 600 MHz service band requires 
that unlicensed wireless microphone users check the databases more 
frequently than they would in the guard bands and duplex gap, i.e., 
always prior to beginning operation at a given location and not just if 
the microphone user moves from an earlier location.

D. Channel 37

1. Power Limits and Separation Distances
a. General Technical Requirements and Power Limits
    98. The Commission will allow fixed devices to operate on channel 
37 at power levels up to four watts and with antennas ranging up to 250 
meters HAAT. It will also allow both Mode I and Mode II personal/
portable devices to operate at power levels up to 100 milliwatts. As 
with the rules described above that require an adjustment in separation 
distance when fixed or Mode II devices are controlling a Mode I device, 
the Commission will require the same here.
    99. Although the Commission will allow fixed devices at up to four 
watts, the results of the incentive auction along with the white space 
rules will determine the maximum power allowed on channel 37. If the 
incentive auction recovers exactly 84 megahertz of spectrum, there will 
be a three megahertz guard band above channel 37, and if more than 84 
megahertz is recovered, there will be a three megahertz guard band on 
each side of channel 37. In either case, only a three megahertz guard 
band will separate white space devices operating on channel 37 from the 
mobile handset receive band, so consistent with the rules for the 
duplex gap and the guard bands, white space device operation on channel 
37 would be limited to 40 milliwatts to protect mobile handsets. If the 
incentive auction recovers less than 84 megahertz, then channels 36 and 
38 would remain available for TV, allowing

[[Page 73058]]

a fixed white space device to operate at power levels above 100 
milliwatts. Finally, if channels 36 and/or 38 remain available for TV, 
a white space device could operate at up to 100 milliwatts so long as 
it straddles channels 36 and 37 or channels 37 and 38 and it meets the 
separation distances being adopted for channel 37 as well as all other 
protection requirements specified in the rules. The Commission will not 
permit, at this time, white space devices operating on channel 37 in 
less congested areas to operate with higher power than four watts since 
there should already be sufficient spectrum available in those areas to 
operate at higher power on other channels. As the Commission gains 
experience with higher power operations, it could revisit this issue 
and adjust the rules accordingly so long as WMTS and RAS are protected 
from harmful interference.
b. Determination of WMTS Separation Distances
    100. In consideration of the most recent information filed to the 
record and the Commission's goal to be conservative in the 
determination of protection distances to protect WMTS, the Commission 
is basing its analysis on a -100 dBm receiver sensitivity level and a 
12.5 kilohertz bandwidth. Using these criteria ensures that the 
analysis provides sufficient protection for WMTS devices produced by 
all manufacturers.
    101. The Commission believes that the TM-91-1 propagation model is 
the most appropriate model to use for determining the separation 
distances necessary to protect WMTS systems from white space devices at 
the various power/antenna height combinations permitted by the rules. 
The TM-91-1 model, which has been used previously to model white space 
interference potential, was developed for modelling propagation loss at 
relatively short distance to provide capability where the F curves are 
no longer appropriate. The Commission believes this model, which 
predicts propagation loss in excess of free space loss, is appropriate 
in this case as free space loss will underestimate actual signal loss. 
In addition, signals from white space devices will generally suffer 
from additional loss due to ground clutter, multipath effects and 
building penetration losses. To balance the use of this model and its 
loss predictions against the WMTS proponents' claim that health care 
facilities often have distributed antenna systems (DAS) installed near 
windows where there may be little building penetration loss, the 
Commission set the building penetration loss parameter of the model to 
zero. There will still be some building loss even for a DAS installed 
near clear windows, but the Commission uses zero here to ensure that 
the results are conservative and will protect WMTS systems from harmful 
interference. The Commission believes that this is likely to be 
unrealistic in many cases, but given that this is the first time it is 
authorizing co-channel operation of unlicensed portable devices on 
channel 37, it elects this conservative approach. To the extent that 
this results in unreasonably large separation distances in individual 
cases, parties can seek a waiver, as discussed below. Finally, with 
respect to the TM-91-1 model, it was developed based on suburban area 
data and that usage in urban areas with more densely packed buildings 
is likely to experience losses beyond those predicted here. While the 
model in general may under predict losses for rural areas, the 
Commission's implementation, such as setting the building penetration 
loss parameter to zero should offset the effects of some longer line-
of-sight distances between white space devices and WMTS systems.
    102. The Commission also rejects the argument that the TM-91-1 
model is inappropriate to use because it is not valid at the antenna 
heights and distances under consideration here and returns results 
based on a median signal level. Although the TM-91-1 model was 
developed to study a particular range of distances and antenna heights, 
it is based on the Egli model which has an applied range of up to 40 
miles from the transmitter, a transmit antenna height of 5000 feet and 
a receive antenna height of 1000 feet. A comparison of the TM-91-1 
model, equation 5, and Egli's model, equation 2 shows that they are 
identical when compared in the same units. Thus, while TM-91-1 was 
specifically developed for limited range by the virtue of the fact that 
it is identical to Egli's model, it has a broader range of application 
than stated in the report. In addition, the TM-91-1 model may actually 
overstate the interference potential somewhat because it does not 
account for terrain features, buildings, and land cover that have an 
effect on the strength of received signals, nor does it consider 
multipath effects. In particular, a comparison between predicted free 
space path loss and actual measured path loss for several test sites at 
two hospitals submitted by the WMTS coalition shows that in many cases 
the actual path loss is substantially more than the prediction and 
compares favorably with the predictions of the TM-91-1 model.
    103. The Commission calculated the minimum co-channel separation 
distances that would be required for white space devices to protect 
WMTS devices based on the assumptions stated, basing protection on 
receiver sensitivity of -100 dBm, a 12.5 kHz bandwidth, and a frequency 
of 611 MHz (the center of the WMTS channel). The Commission also 
assumes an antenna aggregation gain of 3 dB to account for the 
possibility of multiple antennas receiving a WMTS signal. To provide 
additional protection, the Commission will not assume any additional 
building penetration loss for WMTS signals, using 0 dB, which is in 
addition to setting the building penetration loss variable in the model 
to 0. The Commission assumes an aggregate 2 dB of loss due to antenna 
mismatch, polarization effects, line loss, etc., which it believes to 
be reasonable for modelling WMTS protection and less than losses likely 
to be experienced in actual system deployments. Finally, to protect 
WMTS, the Commission assumes an I/N value of -6, providing for a 1 dB 
rise in the noise floor. The Commission used the TM-91-1 propagation 
model and white space device power levels that range from 40 milliwatts 
to 4,000 milliwatts in four dB steps.
    104. The Commission used the same range of HAAT currently specified 
in the rules for fixed white space devices and assumed that the WMTS 
receiver would be at a 10 meter height AGL. The Commission concludes 
that a large number of WMTS devices using channel 37 are installed at 
or below the assumed 10 meter height. To assume a greater height in the 
analysis would be unreasonable because it would produce greater 
separation distances than are needed to protect WMTS devices in many 
cases. Moreover, multipath and other reflections off the walls of a 
taller facility would result in more of the signal being reflected, 
which were not accounted for in the analysis.
    105. The results of the analysis, as shown in the final rules, 
provide for slightly longer separation distances than those proposed. 
The Commission believes these values represent a conservative 
evaluation of providing protection to WMTS, and along with the 
procedures discussed below, provide opportunity for white space devices 
to deploy using channel 37. The distances provided in the rules will 
apply to fixed devices and Mode II personal/portable devices that are 
communicating with other fixed and/or Mode II devices. However, to 
account for some location

[[Page 73059]]

uncertainty for Mode I devices, the Commission will, consistent with 
its decision for the duplex gap and guard bands, require that these 
distances be doubled when the controlling device is a Mode II personal 
portable device, and increased by 380 meters and 480 meters for fixed 
white space devices serving 40 milliwatt and 100 milliwatt personal/
portable Mode I white space devices, respectively.
    106. The Commission is also adopting separation distances to 
protect WMTS systems from adjacent channel white space device 
operations on channels 36 or 38. It is basing the adjacent channel 
protection distances on an analysis similar to that used to determine 
co-channel separation distance (10 meter WMTS antenna height, 3 dB 
antenna aggregation, 3 dB antenna mismatch, 0 dB building attenuation). 
For the out-of-band interference analysis, the Commission used the same 
-100 dBm/12.5 kHz receiver sensitivity and I/N protection criteria of -
6. For the blocking interference analysis, because the white space 
device would be operating immediately adjacent to channel 37, the 
Commission assumed 0 dB loss due to the receive filter and a blocking 
threshold of -37.8 dBm/MHz. The analysis showed that the protection 
distances to protect from blocking interference were larger than to 
protect from out-of-band interference, so the Commission is basing the 
adjacent channel protection distances on the distances shown in the 
final rules that were calculated to protect WMTS from blocking 
interference.
    107. The Commission adopts adjacent channel protection distances 
that apply for any antenna height at a given power level. Because the 
distances are so short, the Commission assumes that it is likely that 
the transmitter and receiver are both at approximately the same antenna 
height. Thus, under the assumed condition of the WMTS receiver being 10 
meters AGL, if a white space device was operating at the maximum of 30 
meters AGL allowed by the rules, they would be at most 20 meters apart. 
Under these conditions, that separation distance is larger than 
necessary to provide protection. However, to reduce compliance burdens 
and to ensure that WMTS receivers are protected in all cases, such as 
when the antennas are closer in height above ground level, the 
Commission adopts the calculated values for all instances at the 
various power levels.
    108. Finally, as with co-channel separation distance, the 
Commission is providing additional distance to be added to fixed and 
Mode II white space device separation distances when they are 
controlling Mode I devices. When a Mode II or fixed white space device 
is providing channel lists for Mode I white space devices, they must 
comply with separation distances to 16 meters and 26 meters when 
serving 40 milliwatt and 100 milliwatt devices, respectively.
    109. Because the white space databases are already designed to 
provide for polygonal exclusion zones, and a building perimeter is a 
polygon that can be defined as a series of latitude and longitude 
coordinates, these distances will apply from the perimeter of each 
health care facility containing channel 37 WMTS systems (or if several 
facilities containing channel 37 WMTS systems are clustered closely 
together, the Commission will allow them to be defined as a single 
entity). Obtaining the coordinates defining the perimeter of a facility 
will be a simple, straightforward process.
    110. Several commenters suggested that a more nuanced approach that 
takes into account site-specific propagation conditions may best 
balance the competing interests of health care facilities and white 
space proponents. The separation distance and protection procedures set 
out here is a default approach. There is ongoing dialogue among the 
stakeholders and should those parties reach a consensus that differs 
from this approach, the Commission invites those parties to submit an 
alternative approach for streamlined consideration. The Commission will 
monitor the use of channel 37 and may adjust the separation distances 
as experience is gained. If parties believe a distance other than that 
provided in the rules either over or under protects WMTS systems, they 
may file waiver requests with the Commission to modify the distance for 
a particular facility or group of similarly situated facilities. To 
ensure that WMTS systems are protected from the potential for harmful 
interference, the Commission will immediately require the database 
administrators to expand the separation distance for reasonable 
requests for a particular facility, until it has completed its analysis 
and can render a final decision on the waiver. The Commission commits 
to expeditiously resolving any such waiver request.
    111. To implement the necessary protection, the Commission has 
strived to provide a procedure that is simple, straightforward, and 
easy to implement for all parties. A health care facility will register 
a representation of the perimeter the building to a white space 
database administrator. That information will be entered into the 
database and shared with the other white space database administrators. 
White space system operators will then avoid operating within the 
protection zones of health care facilities through instructions from 
the database.
    112. While the Commission will not generally prohibit operation in 
rural areas, it recommends that unlicensed devices should only operate 
in channel 37 in areas where there are fewer than three channels 
available for unlicensed use between the UHF channels and the 600 MHz 
guard bands, including the duplex gap. The Commission expects rural 
areas, where there are already plenty of channels available for white 
space devices, will continue to have channels available after the 
incentive auction. Thus, prioritizing the available channels in this 
manner will balance the interference protection needs of WMTS 
facilities against the needs of white space system operators to have 
sufficient spectrum on which to operate.
    113. The distances the Commission is setting to protect WMTS 
systems will generally protect against harmful interference, but 
adjustments may be necessary based on the unique characteristics of a 
health care facility and path loss relative to the potential locations 
of the white space deployment. The Commission underscores for white 
space device operators that in all cases, they always have the 
obligation to protect WMTS systems from harmful interference and to 
eliminate such interference if it should occur. As an added measure of 
protection, the Commission will work with the interested parties to 
explore procedures whereby if interference to WMTS occurs, white space 
devices would be excluded from operating near that health care facility 
until such time as the interference has been fully resolved.
    114. To ensure that the separation distances and procedures the 
Commission adopts will provide the intended protection to WMTS systems, 
the Commission intends to limit initial deployment of white space 
devices using channel 37 to one or two areas. By limiting initial roll-
out to just a few areas, the Commission jointly with the FDA can work 
with white space device operators and health care facilities to 
validate and, if needed, adjust the approach so that critical WMTS 
systems do not experience harmful interference. Once the rules become 
effective and the deadline for health care facility registration has 
passed, the Commission encourages parties interested in deploying white 
space devices on channel 37 to contact OET to discuss the intended 
deployment and a test plan. At the successful conclusion of

[[Page 73060]]

testing of these initial deployments, the Commission will issue a 
public notice to inform interested parties that they may deploy white 
space devices nationwide on channel 37.
c. Determination of RAS Separation Distances
    115. The Commission is adopting criteria to protect the ten very 
long baseline array (VLBA) radio astronomy observatories. The 
Commission agrees with commenters that a site specific terrain based 
protection criteria is better than a single fixed distance for each 
site because these sites are often in rural areas and constructed to 
take advantage of terrain features to provide a very low noise 
environment for radio observations. To conduct the analysis, the 
Commission used the Longley-Rice version 1.2.2 propagation model and 
the protection criteria of ITU-R RA-769-2 (-212 dB (W/m\2\ Hz)) which 
assuming an isotropic receive antenna equates to -131 dB (W/m\2\ 6 MHz) 
or a receiver interference threshold of 1.54 dBuV/m) along with F(50,2) 
propagation. For each VLBA receive site, the Commission used the 
coordinates specified in Sec.  15.713(h) and a radio astronomy receive 
antenna height of 27 meters AGL. To perform the analysis, the 
Commission assumed white space transmitters with 40 milliwatts EIRP, 3 
meters antenna height AGL, 611 MHz transmitter frequency, and an omni-
directional transmit antenna pattern every 2 kilometers along 72 
radials spaced every 5 degrees extending from the Radio Astronomy (RA) 
receiver site out to 300 kilometers. Using F(50,2) propagation along 
the path from each white space transmitter to the radio astronomy site, 
the Commission could determine, based on the terrain profile of each 
path, which transmit sites produced a field strength above the 
protection criteria at the radio astronomy receiver. Those transmit 
sites are used to determine the site specific protection zone for each 
VLBA site. The use of the F(50,2) propagation statistics for this 
analysis provides a conservative determination of protection zones to 
ensure that VLBA sites do not receive interference from white space 
devices.
    116. For each site, the Commission provides a best fit polygon 
connecting the farthest points from each site beyond which the 
protection criteria is always satisfied. The Commission is using this 
best fit polygon rather than connecting a point along each radial to 
reduce the burdens in implementation. The Commission does not believe 
that there would be much difference in available spectrum for white 
space devices if it were to create the polygons based on connecting a 
point on each radial (for a total of 72 points per polygon). To avoid 
overprotecting VLBA sites by prohibiting white space devices within a 
large circle centered on each site, the Commission is instead requiring 
that white space devices be prohibited from transmitting within a 
polygon that encompasses only those areas that are predicted to have 
the potential to cause harmful interference. The polygon approach is 
not burdensome to implement, and white space databases already possess 
the capability to provide polygonal exclusion zones. The final rules 
provide the coordinates defining each polygon.
    117. The Commission disagrees that it needs to consider white space 
device signal aggregation when fashioning the separation distances. The 
VLBA is comprised of 25-meter dish antennas which have very high gain 
and very narrow beamwidth, and these antennas generally are aimed 
skyward. However, in the instance that an antenna is pointed towards 
the horizon, its antenna beam is still so narrow that it is unlikely 
that it will see more than a single white space device.
    118. The Commission will not prohibit the use of channel 37 in 
rural areas and areas where more than 10% of the TV channels are 
available for white space devices as requested by CORF. As stated 
above, the Commission is advising that white space systems only use 
channel 37 in areas where there are fewer UHF channels available for 
unlicensed devices than would meet that users spectrum requirements. 
Because most RAS sites are located in rural areas, the Commission 
expects that in most cases white space device system operators will 
have access to sufficient spectrum so as to not need to use channel 37. 
The Commission will continue to require white space devices operating 
on channels 36 and 38 to comply with a separation distance of at least 
2.4 kilometers from VLBA sites.
    119. The Commission will prohibit white space devices from 
operating within the quiet zone around the National Radio Astronomy 
Observatory at Green Bank West Virginia and on the islands of Puerto 
Rico, Desecheo, Mona, Vieques or Culebra. The Commission believes that 
it would be unreasonable for operators of white space devices to 
coordinate with these observatories, and the separation distances 
required to protect these observatories would be extremely large.
2. Guard Bands Adjacent to Channel 37
    120. The Commission declines to provide the ability for white space 
devices to use the three megahertz guard bands that may be created 
adjacent to channel 37. The Commission has decided in this proceeding 
that a three megahertz guard band is necessary to protect new 600 MHz 
mobile handsets from harmful interference from white space devices. If 
spectrum is recovered in sufficient quantity to require the creation of 
these guard bands adjacent to channel 37, they will function to provide 
this protection and will be unavailable for use by white space devices.
3. Out-of-Band Emission Limits on Channels 36-38
    121. The Commission is removing the strict emission mask into 
channel 37 which also hampers the ability of white space devices to 
operate on channels 35, 36, 38, and 39. The rules will require all 
white space devices to meet the same emission mask for all channels in 
the TV and 600 megahertz bands, including channel 37. The Commission 
has determined the required separation distances for various power 
levels and rejects the WMTS Coalition's position that the adjacent 
channels should have the same separation requirement as for co-channel 
operations on channel 37. This rule change, which eliminates the need 
for additional filters to be incorporated into devices, will reduce 
development and manufacturing costs and lead to lower prices to 
consumers.

E. White Space Databases

1. Expanding Location and Frequency Information
a. 600 MHz Service Band Operations
    122. The Commission is adopting the proposed requirements for 
entering and storing information on the locations where 600 MHz Band 
licensees have commenced operation in the white spaces database. 
Specifically, it is requiring that database administrators allow 600 
MHz Band licensees to enter the coordinates of a minimum of eight 
points and a maximum of 120 points representing the corners of a 
polygon of the minimum size necessary to encompass all base stations or 
other radio facilities used to determine the area where a licensee is 
commencing operations, consistent with the Commission's decision in a 
separate future proceeding, as well as the frequencies that a licensee 
will use in that area. The white spaces databases will use this 
information along with the separation distances described to ensure 
that white space devices operate at a sufficient distance outside the 
border of the defined polygon to prevent harmful interference to 
wireless services. This approach will provide wireless

[[Page 73061]]

licensees with sufficient flexibility to describe different areas of 
operation. For example, a licensee can enter the coordinates of 
multiple polygons in cases where it plans to commence service in 
multiple non-contiguous areas. A licensee can also specify shapes more 
complex than an eight-sided polygon to designate an area that includes 
irregular boundaries within a PEA or a PEA boundary so that the 
protected area in the database stops at the edge of a carrier's 
licensed area.
    123. The Commission will also require that a 600 MHz service 
licensee enter contact information (company name, contact person's 
name, address, phone number) and the date it plans to commence 
operations when it registers a polygonal area and operating frequencies 
with the white space database. Requiring the database to include this 
data will allow a licensee to define its operations area well in 
advance without limiting the ability of white space devices to operate 
until the actual date when the 600 MHz service wireless licensee 
commences operation. The database will disregard the registration 
information prior to the service commencement date when determining 
which channels are available for white space devices. Some licensees 
may not wish to make available details of their intended plans far in 
advance, and they could register their information closer to the actual 
date when they intend to commence operations.
    124. The Commission will not require database administrators to 
provide a user interface to generate multi-sided polygons for 600 MHz 
license areas, and instead will require only that database 
administrators make provisions to allow 600 MHz service licensees to 
upload the required registration information, including the polygon 
information which a licensee can generate using readily available 
software tools. However, database administrators are free to develop a 
user interface if they choose. The Commission will also require that 
white space database administrators provide a means to update or to 
remove and replace a previous registration when it needs to be updated 
or corrected. The Commission will further require that database 
administrators share on a daily basis the data registered by 600 MHz 
licensees, as they do for other services.
    125. The Commission disagrees that the requirement for 600 MHz 
service licensees to notify the white space database of the areas where 
they are commencing operation is overly burdensome or complicated. This 
requirement does not diminish a licensee's rights to provide service 
anywhere in its licensed areas. It is intended to ensure that licensees 
receive the interference protection to which they are entitled under 
the terms of their license. The method the Commission is adopting 
requires the submission of only a minimal amount of information to the 
database (geographic coordinates, frequencies of operation, date of 
commencement of operation, and contact information), and this 
information is well known to licensees. 600 MHz service licensees will 
need to update this information as they commence operations in 
additional areas, but this is something that they will need to do only 
when they increase their coverage area. No additional information will 
need to be submitted to the white space database if a licensee adds 
additional facilities within an area that is already registered with 
the database, since that entire area would already be protected. The 
Commission will work with the database administrators as necessary to 
ensure that this registration process works in an efficient manner for 
all parties involved.
    126. The Commission finds that the safeguards associated with 
carriers' provision of this information address their concerns about 
competitively sensitive information. 600 MHz service licensees may 
provide certain prescribed information--including geographic 
coordinates specifying their service area, frequencies of operation, 
date of commencement of operation, and contact information--to the 
white space database administrator in order to protect their operations 
from interference from white space devices. The licensees exercise 
significant discretion as to when they make these disclosures, and may 
choose to do so directly before they commence operations. The 
Commission also will direct the database administrators not to make 
information of the carriers' operational areas publicly available. In 
addition, database administrators are prohibited from ``us[ing] their 
capacity as a database manager to engage in any discriminatory or anti-
competitive practices or any practices that may compromise the privacy 
of users.'' The Commission finds that the foregoing factors mitigate 
concern over the potential for anticompetitive use of 600 MHz service 
licensees' deployment information.
b. WMTS Location Information
    127. The Commission will protect registered WMTS operations on 
channel 37 from harmful interference from white space devices operating 
on the same or adjacent channels by requiring the unlicensed devices to 
comply with the default separation distances that it is adopting. The 
separation distances specified in the rules are from the perimeter of 
each health care facility or from the combined perimeter of several 
closely-spaced health care facilities. The Commission will permit only 
the health care facility that has registered with a white space 
database to update its record if any changes to the coordinates that 
define its perimeter are warranted. To implement the protection 
criteria, the Commission will require that health care facilities that 
operate WMTS networks on channel 37 provide to a white space database 
the following information:

 Name and address of the health care facility
 Name, address, phone number and email address of a contact 
person
 Location of each facility where a WMTS network is installed 
(i.e., multiple latitude and longitude coordinates in NAD 83 that 
define the perimeter of the facility)

    128. The Commission concludes that it cannot rely on the 
information in the WMTS database to implement the methodology it adopts 
for separation distances because the WMTS database does not in all 
cases have the geographic location for each facility where a WMTS 
network is installed, nor does it have the coordinates that define the 
perimeter of each facility. The Commission staff will work with the 
WMTS database coordinator and other parties as necessary to develop a 
plan for working with healthcare facilities to register their 
information with the white space databases.
    129. Under the current rules, a database administrator does not 
function as a frequency coordinator and thus is not responsible for 
resolving interference claims. If there is a claim of harmful 
interference, a database administrator, upon request from the 
Commission, must provide the white space device's identifying 
information. If a device is found to be causing harmful interference, 
the Commission may then require that the party responsible for the 
unlicensed device take corrective actions or cease operating the device 
until the interference is resolved. If a representative of the 
Commission is unable to contact the person responsible for a device 
that is causing harmful interference, the Commission may require the 
white space database to return a message of ``no channels available'' 
to the device at its next scheduled re-check to shut it down until the 
interference can be resolved. The

[[Page 73062]]

Commission staff will work with the WMTS database coordinator and other 
parties as necessary to explore how these procedures may be modified so 
that a health care facility could notify the database administrators to 
immediately expand the protection zone around its facility, effectively 
suspending the operation of unlicensed devices closer to its facility 
that could be causing harmful interference until the interference has 
been resolved.
c. RAS Location Information
    130. The Commission will require the databases administrators to 
modify their databases to implement the polygonal exclusion areas on 
channel 37 specified above, which it believes should be relatively easy 
to implement. The database administrators will also be able to easily 
accommodate the requirement to protect the two single dish RAS 
observatories by excluding white space devices from operating within 
the National Radio Quiet Zone at Green Bank, WV and on the islands of 
Puerto Rico, Desecheo, Mona, Vieques and Culebra around the Arecibo 
observatory. The Commission deletes from rule Sec.  15.712(h)(3) the 
Allen Telescope Array and the Very Large Array since they do not 
receive signals in the TV bands or the 600 MHz band.
d. Canadian and Mexican Stations
    131. The Commission makes no change to the process by which it 
receives information on Canadian TV stations in the border areas that 
need to be protected and passes the information on to the white space 
database administrators. Canada recently finalized white space device 
rules but has not yet authorized their use as no databases have yet 
been approved. Because the Commission has rules that provide for 
registration and protection of certain operations that are not in a 
Commission database (e.g., cable headends, BAS receive sites), an 
efficient method for transferring this data to Canadian database 
administrators as well as passing such information from Canada to U.S. 
database administrators is needed to ensure that such operations 
receive interference protection. The Commission will continue 
discussions with its counterparts in Canada to develop the most 
efficient procedures to share registered entity information among 
various databases and provide information and procedures to the 
database administrators as agreements are reached. At such time that 
Mexico develops white space device rules, the Commission will engage 
with its counterparts there to work out similar arrangements.
e. Private Land Mobile Radio Service
    132. The Commission is adopting its proposal to modify the 
information required to be included in the white space database to 
protect PLMRS/CMRS base stations in the TV bands that are located more 
than 80 kilometers from the geographic centers of the 13 metropolitan 
areas defined in Sec.  90.303(a) of the rules. Specifically, it is 
modifying Sec.  15.713(h)(4) of the rules to require the white space 
databases to include the TV channel number on which a PLMRS/CMRS base 
station operates, and to remove the requirement for the white space 
databases to include the effective radiated power and antenna height 
information for each base station. The Commission finds that the 
changes are needed to effectively protect the PLMRS/CMRS and to avoid 
the collection of unnecessary information in the white space databases.
2. Changes to Database Procedures
a. White Space Device Registration and Fees
    133. The Commission is adopting its proposed requirement that fixed 
white space devices must register with the database if they operate in 
the 600 MHz service band, the guard bands duplex gap, or channel 37. It 
is also modifying the rule that permits the white space database 
administrators to charge a fee for providing lists of available 
channels to white space devices and registering fixed white space 
devices to clearly state that this rule applies to white space devices 
that would operate in the TV bands, the 600 MHz service band, and the 
600 MHz guard bands, including the duplex gap, and channel 37. The 
Commission is taking these actions for consistency with the current 
part 15 rules which require that fixed white space devices operating in 
the TV bands must register with the white space databases.
    134. The Commission is also modifying the rules to require that a 
fixed white space device registration be removed from the white space 
databases if the device has not checked the database for at least three 
months to update its channel list. This rule will help ensure the 
integrity of the white space databases by requiring the removal of 
entries for fixed devices that are registered but are no longer in 
operation. The Commission is also clarifying that a database 
administrator may charge a new registration fee for a fixed white space 
device that is removed from the database under this provision but is 
later re-registered.
b. Unlicensed Wireless Microphone Registration and Fees
    135. The Commission will eliminate the part 15 rule that permits 
unlicensed wireless microphone users to register their operating 
locations, channels and times in the white space databases to reserve 
channels for their use and to protect these operations from possible 
interference from white space devices. This change will be effective 18 
months after the effective date of the rules but in any event no later 
than the release of the Channel Reassignment PN after the conclusion of 
the incentive auction. Unlicensed wireless microphones will not be 
permitted to register channels for protection in the TV bands, the 600 
MHz guard bands or duplex gap, and the 600 MHz service band.
    136. In order for the database administrators to provide unlicensed 
wireless microphone users with information about available frequencies 
and required separation distances at the location where they intend to 
operate, the Commission will require that microphone users register 
with a database administrator and provide their identifying information 
and locations. Database administrators will be permitted to charge a 
fee for providing unlicensed microphone users with information about 
available frequencies and required separation distances at the 
locations where they intend to operate.
    137. The Commission makes these changes because in 2014 it expanded 
eligibility for part 74 LPAS licenses to include professional sound 
companies and the owners and operators of large venues that routinely 
use 50 or more wireless microphones. The Commission also makes these 
changes because it is adopting new rules for unlicensed wireless 
microphones that are consistent with rules applicable to white space 
devices in the 600 MHz guard band, duplex gap and MHz service band. 
Specifically, wireless microphones will operate with similar technical 
requirements to white space devices (i.e., maximum power), operate on a 
non-interference basis to authorized services, and will be required to 
access a database to determine the available channels at their 
location. The Commission finds that it would be inequitable to continue 
to provide interference protection to one unlicensed user over another 
and it would be unfair to licensed microphone users because it would 
effectively eliminate any distinction between licensed and unlicensed 
microphone

[[Page 73063]]

users in gaining access to spectrum and interference protection.
    138. The purpose of the white space database is two-fold: To 
protect authorized services and facilities that are entitled to 
interference protection under the Commission's rules, and to identify 
for unlicensed devices channels available for their use without causing 
harmful interference to authorized users. The database administrators 
incur costs to not only maintain data but also to calculate and provide 
lists of available channels for unlicensed users. Because both 
unlicensed white space devices and unlicensed wireless microphone users 
will benefit equally from the information provided by the databases, 
the Commission believes that they should be equally responsible for 
supporting the ongoing operation of the databases. The database 
administrators may charge fees to register fixed unlicensed white space 
devices and to provide lists of available channels to white space 
devices. To enable unlicensed wireless microphone users to register 
with a database, the Commission will require that they provide a 
database administrator with the same information that they have 
provided to reserve a channel under current rule Sec.  15.713(h)(9), 
namely: (a) Name of the individual or business that owns the unlicensed 
wireless microphone; (b) an address for the contact person; (c) an 
email address for the contact person; (d) a phone number for the 
contact person; and (e) coordinates where the device will be used 
(latitude and longitude in NAD 83).
c. Frequency of White Space Device Check Times and Databases Sharing 
Registration Information
    139. The Commission finds that requiring all white space devices to 
re-check a database for a list of available channels every twenty 
minutes as proposed in the NPRM would unnecessarily burden the database 
administrators and white space device users and is not necessary. The 
Commission already has in place a procedure whereby licensed wireless 
microphone users can register with a database and reserve channels for 
their use well in advance of their intended date of operation. The 
issue that needs to be addressed is making channels available for 
licensed wireless microphone use for events that cannot be anticipated, 
such as late-breaking news events, within minutes or hours of when they 
occur. When two vacant channels above and below channel 37 are no 
longer available for exclusive use by wireless microphones, licensed 
wireless microphone users will have to contact a database and request 
channels for immediate use. The Commission concludes that for these 
occasions, it will require that database administrators ``push'' 
information to white space devices in the area where the licensed 
wireless microphones will be used, notifying them of changes in channel 
availability, rather than require all white space devices to re-check a 
database every twenty minutes. This approach balances the needs of both 
white space device and wireless microphone proponents. It satisfies the 
objective of the proposal to make spectrum available for licensed 
wireless microphone use for late-breaking events, but it does not 
burden all white space users with unnecessary frequent database re-
checking in meeting this objective.
    140. When a database administrator receives a request for immediate 
access to channels for licensed wireless microphone use, the Commission 
will require that the database administrators share licensed wireless 
microphone's channel registration information among themselves within 
ten minutes. The Commission will also require that the database 
administrators ``push'' information about changes in channel 
availability for fixed and Mode II personal/portable white space 
devices within 20 minutes of receiving it, identifying for the white 
space device other vacant channels that it could use instead. The 
database administrators need to push this information only to white 
space devices that are located within the separation distances, 
specified in rule Sec.  15.712(f)(1), from the location specified by 
the wireless microphone registrant. To provide the database 
administrators with sufficient time to modify their systems, the 
Commission will require their compliance with these requirements 12 
months after the effective date of these new rules.
    141. The Commission concludes that requiring all white space 
devices in the country to re-check channel availability in their area 
every twenty minutes would unnecessarily burden the white space 
databases, drive up costs for database management and white space 
devices users, and is overly-broad in satisfying the objective of the 
original proposal to ensure that white space devices clear a channel 
needed for licensed wireless microphone users for late-breaking events 
in a specific area. The Commission also rejects the suggestion to 
designate a few ``fast polling'' channels because it could not 
determine until after the post-auction transition period which vacant 
channels will be available for wireless microphones and white space 
devices in any given area. Also, because only a few channels would be 
designated for ``fast polling,'' this approach is less flexible in 
meeting the needs of wireless microphone users for immediate access to 
spectrum.
    142. By adopting a requirement for ``push'' notifications to white 
space devices of wireless microphone registrations to enable more 
immediate protection when reserving channels, such as for late-breaking 
events, the Commission concludes that it does not need to eliminate 
Sec.  15.711(b)(3)(iii) which allows a white space device to continue 
operating until 11:59 p.m. on the following day if it cannot establish 
contact with the database. The Commission will continue to require that 
white space devices re-check the database at least once per day to 
obtain the list of available TV channels at the location where the 
device operates. This way the channel lists they receive each day will 
include those channels that wireless microphone users reserve in 
advance, and they will be able to continue to operate on any of those 
available channels unless they receive a ``push'' notification. The 
Commission emphasizes that the ``push'' procedure should only be used 
by wireless microphone users when circumstances prevent them from 
reserving vacant channels in advance of their expected use, because 
unnecessary and frequent use of the ``push'' procedure would be 
disruptive to broadband services being provided by white space devices.

F. Equipment Certification and Marketing

1. White Space Devices
    143. The changes that the Commission is adopting to require fixed 
and Mode II personal/portable devices to accept updated channel lists 
``pushed'' by the database require changes to devices that were 
previously approved, since the method that a device uses to communicate 
with the database is a function of a device. Based on the Commission's 
experience with certifying fixed white space devices and testing white 
space databases prior to permitting them to offer service, it believes 
that this change can be implemented through software updates and no 
hardware changes, so only a short transition time period is necessary. 
Also, the Commission wants these procedures in place well before white 
space devices gain access to the two vacant TV channels now reserved 
for wireless microphone use, to reassure licensed microphone users 
requiring access to spectrum for late-breaking

[[Page 73064]]

events. Accordingly, it is requiring that devices for which a 
certification application is filed beginning six months after the 
effective date of the rules comply with the new channel push 
requirements. The Commission will also require that within nine months 
after the effective date of the rules, all white space devices imported 
and marketed within the United States must comply with these 
requirements, regardless of when they were certified. It will further 
require that white space devices that do not comply with the new 
channel push requirements must cease operating within one year of the 
effective date of the rules.
2. Wireless Microphones
    144. The Commission adopts transition rules for the TV bands, the 
guard bands (including the duplex gap), and the 600 MHz service band 
that will allow it to gradually phase out older microphones and 
introduce new ones that are compliant with the technical rules for 
unlicensed and licensed wireless microphones that it adopts in this 
proceeding, and for licensed wireless microphone that it adopts in the 
Wireless Microphone R&O. The Commission is aligning the transition 
periods as closely as possible with the post-auction transition 
schedule because this will ensure compliance with the post-auction 600 
MHz Band Plan and be less disruptive to wireless microphone 
manufacturers and users.
    145. Regarding unlicensed wireless microphones, the Commission will 
permit users of such equipment to operate part 74 wireless microphones 
in the TV bands under the waivers already in place and in the 600 MHz 
service band until they must cease those operations no later than 39 
months after release of the Channel Reassignment PN. Although these 
microphones are certified as compliant with part 74 rules, the waiver 
requires that they be operated consistent with the part 15 rules which 
the Commission is adopting in this proceeding. Thus, their continued 
use in the TV bands and in the 600 MHz band during the post-auction 
transition period is unlikely to cause harmful interference to licensed 
services.
    146. The Commission will accept applications to certify wireless 
microphones under new Part 15 rules as soon as those rules are 
effective, and will require applications to certify wireless 
microphones under new part 15 rules nine months after the release of 
the Channel Reassignment PN or no later than 24 months after the 
effective date of the new rules, whichever occurs first. The Commission 
will require that manufacturing and marketing of all wireless 
microphones that would not comply with the rules for operation in the 
600 MHz band cease 18 months after release of the Channel Reassignment 
PN or no later than 33 months after the effective date of the new 
rules, whichever occurs first. If a wireless microphone is certified to 
operate in any portion of the 600 MHz service band, it may no longer be 
marketed or operated after the specified cutoff dates by an unlicensed 
wireless microphone user, even if it could be tuned to operate outside 
the 600 MHz service band.
    147. The Commission recognizes that it is important to provide 
manufacturers with sufficient time to design new products, obtain 
equipment certification, and commence manufacturing, and that it is 
equally important to allow manufacturers to sell existing devices that 
allow the public to continue providing service until new products are 
available in the marketplace. The cutoff dates that the Commission 
adopts for certification, manufacturing and marketing of wireless 
microphones appropriately balance these two goals. Manufacturers will 
not know what band plan they need to design and manufacture to until 
after the incentive auction is concluded, and it would be unreasonable 
to require that only certification applications complying with the new 
rules be accepted at the time the Channel Reassignment PN is released. 
Broadcast stations will be vacating the 600 MHz band over a 39 month 
period after the release of the Channel Reassignment PN, and new 
wireless operations will be built out gradually as broadcast stations 
leave the band and most likely continuing beyond the 39 month 
transition period. It would be unreasonable to cut off manufacturing 
and marketing six months into the 39 month transition period since this 
would deny the public access to devices that would allow them to 
continue to provide service. The Commission concludes that the cutoff 
dates it has chosen will encourage manufacturers to concentrate on 
developing wireless microphones that operate in compliance with new 
rules and ensure that manufacturers cease making and marketing 
equipment that cannot be legally used after a certain date.
    148. The Commission is adopting different transition rules for 
wireless microphones in the 600 MHz service band than for white space 
devices because in the Incentive Auction R&O the Commission decided 
that wireless microphones would have a hard date for ceasing operations 
in that band, but that white space devices could continue operating at 
locations where wireless licenses have not commenced operations. The 
Commission understands that consumers may not understand the need to 
forego the use of equipment in the 600 MHz band that could otherwise be 
used for many years, but it had to balance this harm to individual 
users against the need to protect new wireless services from harmful 
interference.

Procedural Matters

    149. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM).\2\ The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612, has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 
(1996).
    \2\ See Amendment of part 15 of the Commission's Rules for 
Unlicensed Operations in the Television Bands, Repurposed 600 MHz 
Guard Bands and Duplex Gap, and Channel 37, and Amendment of part 74 
of the Commission's Rules for Low Power Auxiliary Stations in the 
Repurposed 600 MHz Band and 600 MHz Duplex Gap; ET Docket No. 14-
165; Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions, GN Docket No. 12-268.
    \3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Report and Order

    150. The Report and Order maximizes unlicensed white space devices' 
access to spectrum in the television broadcasting band and the 600 MHz 
band in a number of ways. It modifies the Part 15 rules to permit fixed 
and personal/portable devices to use TV channels previously unavailable 
to them while continuing to protect TV services from harmful 
interference by adjusting power limits, specifying separation 
distances, and specifying antenna heights. The Report and Order also 
adopts technical rules for white space device operations in the 600 MHz 
band--including the duplex gap, guard bands, repurposed 600 MHz band 
and channel 37--by establishing power limits and specifying frequency 
and distance separations as needed to protect authorized services in 
those bands from harmful interference. White space devices will 
continue to access the white space databases for channel assignments in 
the TV bands, as well as in the 600 MHz band and channel 37. The Report 
and Order also adopts rules for unlicensed wireless microphones

[[Page 73065]]

operating in the TV bands, guard bands and duplex, and for licensed 
wireless microphones operating in the duplex gap.

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

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

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

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

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

    153. The RFA directs agencies to provide a description of, and 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental 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 Small Business Administration (SBA).\7\
---------------------------------------------------------------------------

    \4\ See 5 U.S.C. 603(b)(3).
    \5\ See 5 U.S.C. 601(6).
    \6\ See 5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small-business concern'' in the Small Business Act, 
15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, establishes 
one or more definitions of such term which are appropriate to the 
activities of the agency and publishes such definition(s) in the 
Federal Register.''
    \7\ See 15 U.S.C. 632.
---------------------------------------------------------------------------

    154. 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.'' \8\ 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.\9\ Thus, under that size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \8\ 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.
    \9\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------

    155. 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.'' \10\ The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $38.5 million or less in annual receipts.\11\ The 
Commission has estimated the number of licensed commercial television 
stations to be 1,388.\12\ 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.\13\ We therefore estimate that the majority of 
commercial television broadcasters are small entities.
---------------------------------------------------------------------------

    \10\ U.S. Census Bureau, 2012 NAICS Definitions: 515120 
Television Broadcasting, (partial definition), http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515120&search=2012 
(last visited May 6, 2014).
    \11\ 13 CFR 121.201 (NAICS code 515120) (updated for inflation 
in 2010).
    \12\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
    \13\ We recognize that BIA's estimate differs slightly from the 
FCC total given.
---------------------------------------------------------------------------

    156. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included.\14\ 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.
---------------------------------------------------------------------------

    \14\ ``[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 to power to control both.'' 13 CFR 
21.103(a)(1).
---------------------------------------------------------------------------

    157. In addition, the Commission has estimated the number of 
licensed noncommercial educational (NCE) television stations to be 
396.\15\ These stations are non-profit, and therefore considered to be 
small entities.\16\
---------------------------------------------------------------------------

    \15\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
    \16\ See generally 5 U.S.C. 601(4), (6).
---------------------------------------------------------------------------

    158. There are also 2,414 low power television stations, including 
Class A stations and 4,046 television translator stations.\17\ 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.
---------------------------------------------------------------------------

    \17\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
---------------------------------------------------------------------------

    159. Manufacturers of unlicensed devices. In the context of this 
FRFA, manufacturers of Part 15 unlicensed devices that are operated in 
the UHF-TV band (channels 14-51) for wireless data transfer fall into 
the category of Radio and Television 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 communication 
equipment. Examples of products made by these establishments are: 
Transmitting and receiving antennas, cable television

[[Page 73066]]

equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \18\ The SBA has developed the small business 
size standard for this category as firms having 750 or fewer 
employees.\19\ According to Census Bureau data for 2007, there were a 
total of 939 establishments in this category that operated for the 
entire year.\20\ Of this total, 912 had less than 500 employees and 17 
had more than 1000 employees. Thus, under that size standard, the 
majority of firms can be considered small.
---------------------------------------------------------------------------

    \18\ 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 Mar. 6, 2014).
    \19\ 13 CFR 121.201 (NAICS code 334220).
    \20\ 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.
---------------------------------------------------------------------------

    160. Radio Broadcasting. The SBA defines a radio broadcast station 
as a small business if such station has no more than $38.5 million in 
annual receipts.\21\ Business concerns included in this industry are 
those ``primarily engaged in broadcasting aural programs by radio to 
the public.'' \22\ According to review of the BIA Publications, Inc. 
Master Access Radio Analyzer Database as of November 26, 2013, about 
11,331 (or about 99.9 percent) of 11,341 commercial radio stations have 
revenues of $35.5 million or less and thus qualify as small entities 
under the SBA definition. The Commission notes, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations \23\ must be included. This 
estimate, therefore, likely overstates the number of small entities 
that might be affected, because the revenue figure on which it is based 
does not include or aggregate revenues from affiliated companies.
---------------------------------------------------------------------------

    \21\ 13 CFR 121.201, 2012 NAICS code 515112.
    \22\ U.S. Census Bureau, 2012 NAICS Definitions: 515112 Radio 
Broadcasting, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515112&search=2012 (last visited Mar. 6, 2014).
    \23\  See n.14.
---------------------------------------------------------------------------

    161. In addition, an element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific radio station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also, as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    162. Radio, Television, and Other Electronics Stores. The Census 
Bureau defines this economic census category as follows: ``This U.S. 
industry comprises: (1) Establishments known as consumer electronics 
stores primarily engaged in retailing a general line of new consumer-
type electronic products such as televisions, computers, and cameras; 
(2) establishments specializing in retailing a single line of consumer-
type electronic products; (3) establishments primarily engaged in 
retailing these new electronic products in combination with repair and 
support services; (4) establishments primarily engaged in retailing new 
prepackaged computer software; and/or (5) establishments primarily 
engaged in retailing prerecorded audio and video media, such as CDs, 
DVDs, and tapes.'' \24\ The SBA has developed a small business size 
standard for Electronic Stores, which is: All such firms having $32.5 
million or less in annual receipts.\25\ According to Census Bureau data 
for 2007, there were 11,358 firms in this category that operated for 
the entire year.\26\ Of this total, 11,323 firms had annual receipts of 
under $25 million, and 35 firms had receipts of $25 million or more but 
less than $50 million.\27\ Thus, the majority of firms in this category 
can be considered small.
---------------------------------------------------------------------------

    \24\ U.S. Census Bureau, 2012 NAICS Definitions, 443142 
Electronics, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=443142&search=2012 NAICS Search (last visited May 6, 
2014).
    \25\ 13 CFR 121.201, NAICS code 443142.
    \26\ U.S. Census Bureau, 2007 Economic Census, Subject Series: 
Retail Trade, Estab & Firm Size: Summary Statistics by Sales Size of 
Firms for the United States: 2007, NAICS code 443142 (released 
2010), http://www2.census.gov/econ2007/EC/sector44/EC0744SSSZ4.zip 
(last visited May 7, 2014). Though the current small business size 
standard for electronic store receipts is $30 million or less in 
annual receipts, in 2007 the small business size standard was $9 
million or less in annual receipts. In 2007, there were 11,214 firms 
in this category that operated for the entire year. Of this total, 
10,963 firms had annual receipts of under $5 million, and 251 firms 
had receipts of $5 million or more but less than $10 million. Id.
    \27\ Id. An additional 33 firms had annual receipts of $50 
million or more.
---------------------------------------------------------------------------

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

    163. White space devices are unlicensed devices that operate in the 
TV bands at locations where frequencies are not in use by licensed 
services. These devices may be either fixed or portable. Fixed devices 
may operate at power levels up to four watts, and portable devices 
operate at up to 100 milliwatts if they are outside the service 
contours of adjacent channel TV stations or 40 milliwatts within the 
service contour of an adjacent channel TV station. To prevent harmful 
interference to broadcast television stations and other authorized 
users of these bands, white space devices must obtain a list of 
available TV channels that may be used at their location from databases 
administered by private entities selected by the Commission.
    164. Wireless microphones also operate in the TV bands. Certain 
entities may be issued licenses under Subpart H of part 74 of the rules 
to operate low power auxiliary stations in the TV bands. The Commission 
also allows the operation of part 74 certified wireless microphones in 
the VHF and UHF TV bands on an unlicensed basis under a waiver of the 
part 15 rules granted in the 2010 TV Bands Wireless Microphones R&O and 
Further NPRM.
    165. In the Incentive Auction R&O, the Commission decided to 
repurpose a portion of the UHF TV spectrum for licensed wireless 
services (the ``600 MHz band''). The Commission's band plan provides 
for a guard band between television spectrum and 600 MHz downlink 
services, a guard band between 600 MHz uplink and downlink services (a 
duplex gap), and guard bands between 600 MHz downlink services and 
channel 37. In the TV bands that are repurposed for wireless services, 
the Commission decided to allow white space devices to continue 
operating indefinitely in areas where a 600 MHz band licensee has not 
commenced operations, and to allow wireless microphones to operate for 
39 months after release of a public notice announcing channel 
reassignments as a result of the incentive auction.
    166. Most RF transmitting equipment, including white space devices 
and wireless microphones, must be authorized through the certification 
procedure. Certification is an equipment authorization issued by the 
Commission or by a designated TCB based on an application and test data 
submitted by the responsible party (e.g., the manufacturer or 
importer). The Report and Order does not change the

[[Page 73067]]

authorization procedure for white space devices and wireless 
microphones. However, it establishes new and modified technical 
requirements for white space devices and wireless microphones, as well 
as certification, marketing and operational cutoff dates for certain 
equipment.
    167. With regard to white space devices, the Report and Order 
permits their operation at lower power levels and closer separation 
distances to TV stations in all areas, and at higher power with a 
greater separation distance from TV stations in less congested areas. 
It also permits the operation of white space devices on additional 
channels and frequencies where operation is not currently permitted, 
including TV channels 3 and 4 (fixed devices), channels 14-20 (portable 
devices), channel 37 (fixed and portable devices), and the 600 MHz 
guard bands and duplex gap (fixed and portable devices). In addition, 
the Report and Order allows for the operation of devices with less 
precise geo-location capabilities. These changes are permissive, 
meaning that manufacturers of white space devices may implement them in 
their equipment, but are not required to do so.
    168. The Report and Order requires that white space devices and 
databases incorporate a ``push'' feature that allows updated channel 
information to be sent to a white space device in the event that a 
previously available channel becomes reserved for use by a wireless 
microphone. White space devices for which a certification application 
is filed beginning six months after the effective date of the rules 
must comply with the new channel push requirement. The Report and Order 
also requires that within nine months after the effective date of the 
rules, all white space devices imported and marketed within the United 
States must comply with these requirements, regardless of when they 
were certified. It further requires that white space devices that do 
not comply with the new channel push requirements must cease operating 
within one year of the effective date of the rules.
    169. With regard to unlicensed wireless microphones, the Report and 
Order establishes cutoff dates for the certification, manufacturing and 
marketing of unlicensed wireless microphones in the TV bands, the guard 
bands (including the duplex gap), and the 600 MHz service band. It 
permits unlicensed wireless microphone users to continue to operate 
part 74 certified wireless microphones in the TV bands under waivers 
already in place and in the 600 MHz service band until they must cease 
those operations no later than 39 months after release of the Channel 
Reassignment PN. The Commission will accept applications to certify 
wireless microphones under new part 15 rules as soon as those rules are 
effective, and will require applicants to certify wireless microphones 
under new part 15 rules nine months after the release of the Channel 
Reassignment PN, or no later than 24 months after the effective date of 
the new rules, whichever occurs first. The Report and Order also 
requires that manufacturing and marketing of all wireless microphones 
that would not comply with the 600 MHz band cease 18 months after 
release of the Channel Reassignment PN or no later than 33 months after 
the effective date of the new rules, whichever occurs first.

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

    170. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.'' \28\
---------------------------------------------------------------------------

    \28\ See 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    171. The rule changes adopted in the Report and Order give greater 
flexibility for fixed and personal/portable white space device 
operation in the TV bands. As noted above, the majority of these 
changes are permissive, meaning that manufacturers of white space 
devices are not required to incorporate them into previously approved 
equipment, with the exception of the channel ``push'' requirement. The 
Commission adopted this requirement as an alternative to its proposal 
in the NPRM to require that white space devices check the database 
every 20 minutes to determine which channels are available for use. The 
Commission determined that the push requirement would be less 
burdensome on equipment manufacturers, users, and white space database 
administrators than a 20 minute re-check interval. This change can be 
implemented in existing devices through a software update without 
hardware changes, so only a short transition time period is provided.
    172. With regard to wireless microphones, unlicensed users may 
continue to use Part 74 certified wireless microphones under an 
existing waiver during the 39 month transition period rather than using 
part 15 certified equipment. The Commission took this action since 
manufacturers need time to certify wireless microphones under the new 
part 15 rules, and to permit users to continue using their existing 
equipment until the operational cutoff date previously established by 
the Commission.
    173. Incorporation by Reference. The Office of Federal (OFR) 
recently revised the regulations to require that agencies must discuss 
in the preamble of the rule ways that the materials the agency 
incorporates by reference are reasonably available to interested 
persons and how interested parties can obtain the materials. In 
addition, the preamble of the rule must summarize the material. 1 CFR 
51.5(b). In accordance with OFR's requirements, the discussion in this 
section summarizes European Telecommunications Standards Institute 
(ETSI). Copies of ETSI are available free of charge at www.etsi.org, or 
by requesting the document by mail at the following address: European 
Telecommunications Standards Institute, 650 Route des Lucioles, F-06921 
Sophia Antipolis Cedex, France, or at http://www.etsi.org/deliver/etsi_en/3004000_300499/30042201/01.04.02_60/en_30042201v01010402p.pdf.

    ETSI EN 300 422-1 V1.4.2 (2011-08): Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones 
in the 25 MHz to 3 GHz frequency range; Part 1: Technical 
characteristics and methods of measurement, August 2011, IBR 
approved for Sec.  15.236(g).

    This standard requires wireless microphones to meet certain 
emission requirements which will protect authorized services in 
adjacent bands from harmful interference, and will improve spectrum 
sharing by wireless microphones.
    174. Paperwork Reduction Act Analysis. This document contains 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to 
the Office of Management and Budget (OMB) for review under section 
3507(d) of the PRA. OMB, the general public, and other Federal agencies 
are invited to comment on the new or modified information collection 
requirements contained in this proceeding. In addition, we note that 
pursuant to the

[[Page 73068]]

Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we previously sought specific comment on how the 
Commission might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.
    175. We have assessed the effects of the policies adopted in this 
Report and Order with regard to information collection burdens on small 
business concerns, and find that these policies will benefit many 
companies with fewer than 25 employees by providing unlicensed white 
space devices and unlicensed wireless microphones with access to 
spectrum in the television broadcasting band and the 600 MHz band, 
while at the same time protecting licensed users from harmful 
interference. In addition, we have described impacts that might affect 
small businesses, which includes most businesses with fewer than 25 
employees, in the Final Regulatory Flexibility Analysis.
    176. Congressional Review Act. The Commission will send a copy of 
this Memorandum Opinion and Order in a report to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    177. Pursuant to sections 4(i), 302, 303(e), 303(f), and 307 of the 
Communications Act of 1934, as amended, and sections 6403 and 6407 of 
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 
112-96, 126 Stat. 156, 47 U.S.C. 154(i), 302, 303(e), 303(f), 307, 
1452, and 1454, this Report and Order is adopted.
    178. Parts 2, 15, 27, 74 and 95 of the Commission's Rules, are 
amended, as set forth in the Final Rules. These revisions will be 
effective December 23, 2015 of this Report and Order, except for 
Sec. Sec.  15.713(b)(2)(iv) through (v), 15.713(j)(4), 15.713(j)(10), 
15.713(j)(11), 15.715(n), 15.715(o), 15.715(p), 15.715(q), 27.1320 and 
95.1111(d) which contain new or modified information collection 
requirements that require approval by the OMB under the PRA and will 
become effective after the Commission publishes a notice announcing 
such approval and the relevant effective date.
    179. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the U.S. Small Business Administration.

List of Subjects

 47 CFR Part 2

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 15

    Communications equipment, Incorporation by reference, Radio, 
Reporting and recordkeeping requirements.

47 CFR Part 27

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 74

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 15, 27, 74, and 95 as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106 is amended by revising footnote US246 to the table of 
allocations to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    US246 No station shall be authorized to transmit in the following 
bands: 73-74.6 MHz, 608-614 MHz, except for medical telemetry equipment 
\1\ and white space devices,\2\ 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-
2700 MHz, 4990-5000 MHz, 10.68-10.7 GHz, 15.35-15.4 GHz, 23.6-24 GHz, 
31.3-31.8 GHz, 50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 
109.5-111.8 GHz, 114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 
GHz, 190-191.8 GHz, 200-209 GHz, 226-231.5 GHz, 250-252 GHz.

    \1\ Medical telemetry equipment shall not cause harmful 
interference to radio astronomy operations in the band 608-614 MHz 
and shall be coordinated under the requirements found in 47 CFR 
95.1119.
    \2\ White space devices shall not cause harmful interference to 
radio astronomy operations in the band 608-614 and shall not operate 
within the areas described in 47 CFR 15.712(h).

* * * * *

PART 15--RADIO FREQUENCY DEVICES

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

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544A, and 
549.


0
4. Section 15.37 is amended by adding paragraphs (i) and (j) to read as 
follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (i) Wireless microphones for which an application for certification 
is filed beginning nine months after the release of the Channel 
Reassignment PN, as defined in Sec.  73.3700(a)(2) of this chapter, or 
no later than December 26, 2017, whichever occurs first, must comply 
with the requirements of Sec.  15.236. Manufacturing and marketing of 
wireless microphones that would not comply with the rules for operation 
in Sec.  15.236 of this part must cease 18 months after release of the 
Channel Reassignment PN or no later than September 24, 2018, whichever 
occurs first. A wireless microphone that is certified to operate in any 
portion of the 600 MHz service band as defined in Sec.  15.236(a) may 
no longer be marketed or operated after the specified cutoff dates, 
even if it could be tuned to operate on frequencies outside of this 
band.
    (j) White space devices for which a certification application is 
filed beginning June 23, 2016, must comply with the channel push 
requirements in Sec.  15.711(i) of this part. White space devices that 
are imported or marketed beginning September 23, 2016, must comply with 
this requirement. White space devices that do not comply with this 
requirement must cease operation no later than December 23, 2016.

0
5. Section 15.38 is amended by redesignating paragraphs (e) through (g) 
as paragraphs (f) through (h) and by adding a new paragraph (e) to read 
as follows:


Sec.  15.38  Incorporation by reference.

* * * * *
    (e) The following document is available from the European 
Telecommunications Standards Institute, 650 Route des Lucioles, F-06921 
Sophia Antipolis Cedex, France,

[[Page 73069]]

or at http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/01.04.02_60/en_30042201v010402p.pdf.
    (1) ETSI EN 300 422-1 V1.4.2 (2011-08): ``Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics 
and methods of measurement,'' Copyright 2011, IBR approved for Sec.  
15.236(g).
    (2) [Reserved]

0
6. Section 15.205 is amended by adding paragraph (d)(10) to read as 
follows:


Sec.  15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (10) White space devices operating under subpart H of this part are 
exempt from complying with the requirements of this section for the 
608-614 MHz band.
* * * * *
0
7. Add Sec.  15.236 to read as follows:


Sec.  15.236  Operation of wireless microphones in the bands 54-72 MHz, 
76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.

    (a) Definitions. The following definitions apply in this section.
    (1) Wireless Microphone. An intentional radiator that converts 
sound into electrical audio signals that are transmitted using radio 
signals to a receiver which converts the radio signals back into audio 
signals that are sent through a sound recording or amplifying system. 
Wireless microphones may be used for cue and control communications and 
synchronization of TV camera signals as defined in Sec.  74.801 of this 
chapter. Wireless microphones do not include auditory assistance 
devices as defined in Sec.  15.3(a) of this part.
    (2) 600 MHz duplex gap. An 11 megahertz guard band that separates 
part 27 600 MHz service uplink and downlink frequencies, in accordance 
with the terms and conditions established in GN Docket No. 12-268, 
pursuant to section 6403 of the Spectrum Act.
    (3) 600 MHz guard bands. Designated frequency bands that prevent 
interference between licensed services in the 600 MHz service band and 
either the television bands or channel 37, in accordance with the terms 
and conditions established in GN Docket No. 12-268, pursuant to section 
6403 of the Spectrum Act.
    (4) 600 MHz service band. Frequencies that will be reallocated and 
assigned for 600 MHz services pursuant to part 27, in accordance with 
the terms and conditions established in GN Docket No. 12-268, pursuant 
to section 6403 of the Spectrum Act.

    Note to paragraphs (a)(2), (3) and (4):  The specific 
frequencies will be determined in light of further proceedings 
pursuant to GN Docket No. 12-268 and the rules will be updated 
accordingly pursuant to a future public notice.

    (5) Spectrum Act. Title VI of the Middle Class Tax Relief and Job 
Creation Act of 2012 (Pub. L. 112-96).
    (b) Operation under this section is limited to wireless microphones 
as defined in this section.
    (c) Operation is permitted in the following frequency bands.
    (1) Channels allocated and assigned for the broadcast television 
service. The highest channel available will depend on the outcome of 
the incentive auction.
    (2) Frequencies in the 600 MHz service band on which a 600 MHz 
service licensee has not commenced operations. Operation on these 
frequencies must cease no later than the end of the post-auction 
transition period as defined in Sec.  27.4 of this chapter. Operation 
must cease immediately if harmful interference occurs to a 600 MHz 
service licensee.
    (3) The upper six megahertz segment of the 600 MHz duplex gap.
    (4) The 600 MHz guard band between television and 600 MHz service 
downlink services, excluding the upper one megahertz segment.
    (5) The 600 MHz guard bands adjacent to channel 37, excluding the 
one megahertz segments furthest from channel 37.
    (6) Prior to operation in the frequencies identified in paragraphs 
(c)(2) through (5) of this section, wireless microphone users shall 
rely on the white space databases in part 15, Subpart H to determine 
that their intended operating frequencies are available for unlicensed 
wireless microphone operation at the location where they will be used. 
Wireless microphone users must register with and check a white space 
database to determine available channels prior to beginning operation 
at a given location. A user must re-check the database for available 
channels if it moves to another location.
    (d) The maximum radiated power shall not exceed the following 
values:
    (1) In the bands allocated and assigned for broadcast television 
and in the 600 MHz service band: 50 mW EIRP
    (2) In the 600 MHz guard bands including the duplex gap: 20 mW EIRP
    (e) Operation is limited to locations separated from licensed 
services by the following distances.
    (1) Four kilometers outside the following protected service 
contours of co-channel TV stations.

----------------------------------------------------------------------------------------------------------------
                                                                        Protected contour
                                               -----------------------------------------------------------------
                Type of station                                                                     Propagation
                                                             Channel              Contour  (dBu)       curve
----------------------------------------------------------------------------------------------------------------
Analog: Class A TV, LPTV, translator and        Low VHF (2-6)...................              47        F(50,50)
 booster.
                                                High VHF (7-13).................              56        F(50,50)
                                                UHF (14-51).....................              64        F(50,50)
Digital: Full service TV, Class A TV, LPTV,     Low VHF (2-6)...................              28        F(50,90)
 translator and booster.
                                                High VHF (7-13).................              36        F(50,90)
                                                UHF (14-51).....................              41        F(50,90)
----------------------------------------------------------------------------------------------------------------

    (2) The following distances outside of the area where a 600 MHz 
service licensee has commenced operation.

[[Page 73070]]



------------------------------------------------------------------------
                                              Separation distance in
                                                    kilometers
             Type of station             -------------------------------
                                                             Adjacent
                                            Co-channel        channel
------------------------------------------------------------------------
Base....................................               7             0.2
Mobile..................................              35              31
------------------------------------------------------------------------

    (f) The operating frequency within a permissible band of operation 
as defined in paragraph (c) must comply with the following 
requirements.
    (1) The frequency selection shall be offset from the upper or lower 
band limits by 25 kHz or an integral multiple thereof.
    (2) One or more adjacent 25 kHz segments within the assignable 
frequencies may be combined to form a channel whose maximum bandwidth 
shall not exceed 200 kHz. The operating bandwidth shall not exceed 200 
kHz.
    (3) The frequency tolerance of the carrier signal shall be 
maintained within 0.005% of the operating frequency over a 
temperature variation of -20 degrees to +50 degrees C at normal supply 
voltage, and for a variation in the primary supply voltage from 85% to 
115% of the rated supply voltage at a temperature of 20 degrees C. 
Battery operated equipment shall be tested using a new battery.
    (g) Emissions within the band from one megahertz below to one 
megahertz above the carrier frequency shall comply with the emission 
mask in Section 8.3 of ETSI EN 300 422-1 V1.4.2 (2011-08) (incorporated 
by reference, see Sec.  15.38). Emissions outside this band shall 
comply with the limit specified at the edges of the ETSI mask.


0
8. Subpart H is revised to read as follows:

Subpart H--White Space Devices

Sec.
15.701 Scope.
15.703 Definitions.
15.705 Cross reference.
15.706 Information to the user.
15.707 Permissible channels of operation.
15.709 General technical requirements.
15.711 Interference avoidance methods.
15.712 Interference protection requirements.
15.713 White space database.
15.714 White space database administration fees.
15.715 White space database administrator.
15.717 White space devices that rely on spectrum sensing.


Sec.  15.701  Scope.

    This subpart sets forth the regulations for unlicensed white space 
devices. These devices are unlicensed intentional radiators that 
operate on available TV channels in the broadcast television frequency 
bands, the 600 MHz band (including the guard bands and duplex gap), and 
in 608-614 MHz (channel 37).


Sec.  15.703  Definitions.

    (a) 600 MHz duplex gap. An 11 megahertz frequency band that 
separates part 27 600 MHz service uplink and downlink frequencies, in 
accordance with the terms and conditions established in GN Docket No. 
12-268, pursuant to section 6403 of the Spectrum Act.
    (b) 600 MHz guard bands. Designated frequency bands that prevent 
interference between licensed services in the 600 MHz service band and 
either the television bands or channel 37, in accordance with the terms 
and conditions established in GN Docket No. 12-268, pursuant to section 
6403 of the Spectrum Act.
    (c) 600 MHz service band. Frequencies that will be reallocated and 
assigned for 600 MHz band services pursuant to part 27, in accordance 
with the terms and conditions established in GN Docket No. 12-268, 
pursuant to section 6403 of the Spectrum Act.

    Note to paragraphs (a), (b) and (c):  The specific frequencies 
will be determined in light of further proceedings pursuant to GN 
Docket No. 12-268 and the rules will be updated accordingly pursuant 
to a future public notice.

    (d) Available channel. A channel which is not being used by an 
authorized service and is acceptable for use by the device at its 
geographic location under the provisions of this subpart.
    (e) Contact verification signal. An encoded signal broadcast by a 
fixed or Mode II device for reception by Mode I devices to which the 
fixed or Mode II device has provided a list of available channels for 
operation. Such signal is for the purpose of establishing that the Mode 
I device is still within the reception range of the fixed or Mode II 
device for purposes of validating the list of available channels used 
by the Mode I device and shall be encoded to ensure that the signal 
originates from the device that provided the list of available 
channels. A Mode I device may respond only to a contact verification 
signal from the fixed or Mode II device that provided the list of 
available channels on which it operates. A fixed or Mode II device 
shall provide the information needed by a Mode I device to decode the 
contact verification signal at the same time it provides the list of 
available channels.
    (f) Fixed device. A white space device that transmits and/or 
receives radiocommunication signals at a specified fixed location. A 
fixed device may select channels for operation from a list of available 
channels provided by a white space database, and initiate and operate a 
network by sending enabling signals to one or more fixed devices and/or 
personal/portable devices. Fixed devices may provide to a Mode I 
personal/portable device a list of available channels on which the Mode 
I device may operate, including channels on which the Mode I device but 
not the fixed device may operate.
    (g) Geo-location capability. The capability of a white space device 
to determine its geographic coordinates and geo-location uncertainty. 
This capability is used with a white space database approved by the FCC 
to determine the availability of spectrum at a white space device's 
location.
    (h) Less congested area. Geographic areas where at least half of 
the TV channels for the bands that will continue to be allocated and 
assigned only for broadcast service are unused for broadcast and other 
protected services and available for white space device use. Less 
congested areas in the UHF TV band are also considered to be less 
congested areas in the 600 MHz service band.
    (i) Mode I personal/portable device. A personal/portable white 
space device that does not use an internal geo-location capability and 
access to a white space database to obtain a list of available 
channels. A Mode I device must obtain a list of available channels on 
which it may operate from either a fixed white space device or Mode II 
personal/portable white space device. A Mode I device may not initiate 
a network of fixed and/or personal/portable white space devices nor may 
it provide a list of available channels to another Mode I device for 
operation by such device.

[[Page 73071]]

    (j) Mode II personal/portable device. A personal/portable device 
that uses an internal geo-location capability and access to a white 
space database, either through a direct connection to the Internet or 
through an indirect connection to the Internet by way of fixed device 
or another Mode II device, to obtain a list of available channels. A 
Mode II device may select a channel itself and initiate and operate as 
part of a network of white space devices, transmitting to and receiving 
from one or more fixed devices or personal/portable devices. A Mode II 
personal/portable device may provide its list of available channels to 
a Mode I personal/portable device for operation on by the Mode I 
device.
    (k) Network initiation. The process by which a fixed or Mode II 
white space device sends control signals to one or more fixed white 
space devices or personal/portable white space devices and allows them 
to begin communications.
    (l) Operating channel. An available channel used by a white space 
device for transmission and/or reception.
    (m) Personal/portable device. A white space device that transmits 
and/or receives radiocommunication signals on available channels at 
unspecified locations that may change.
    (n) Receive site. The location where the signal of a full service 
television station is received for rebroadcast by a television 
translator or low power TV station, including a Class A TV station, or 
for distribution by a Multiple Video Program Distributor (MVPD) as 
defined in 47 U.S.C. 602(13).
    (o) Sensing only device. A personal/portable white space device 
that uses spectrum sensing to determine a list of available channels. 
Sensing only devices may transmit on any available channels in the 
frequency bands 512-608 MHz (TV channels 21-36) and 614-698 MHz (TV 
channels 38-51).
    (p) Spectrum Act. Title VI of the Middle Class Tax Relief and Job 
Creation Act of 2012 (Pub. L. 112-96).
    (q) Spectrum sensing. A process whereby a white space device 
monitors a television channel to detect whether the channel is occupied 
by a radio signal or signals from authorized services.
    (r) Television bands. The portions of the broadcast television 
frequency bands at 54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 
5-6), 174-216 MHz (TV channels 7-13), 470-608 MHz (channels 14-36) and 
614-698 MHz (channels 38-51) that will be allocated and assigned to 
broadcast television licensees consistent with the outcome of the 
auction conducted pursuant to Expanding the Economic and Innovation 
Opportunities of Spectrum Through Incentive Auctions, Report and Order, 
GN Docket No. 12-268 (FCC 14-50) (rel. June 2, 2014). Channels 2-13 are 
in the VHF band, and channel 14-51 are in the UHF band.
    (s) White space database. A database system approved by the 
Commission that maintains records on authorized services and provides 
lists of available channels to white space devices and unlicensed 
wireless microphone users.


Sec.  15.705  Cross reference.

    (a) The provisions of subparts A, B, and C of this part apply to 
white space devices, except where specific provisions are contained in 
this subpart.
    (b) The requirements of this subpart apply only to the radio 
transmitter contained in the white space device. Other aspects of the 
operation of a white space device may be subject to requirements 
contained elsewhere in this chapter. In particular, a white space 
device that includes a receiver that tunes within the frequency range 
specified in Sec.  15.101(b) and contains digital circuitry not 
directly associated with the radio transmitter is also subject to the 
requirements for unintentional radiators in subpart B.


Sec.  15.706  Information to the user.

    (a) In addition to the labeling requirements contained in Sec.  
15.19, the instructions furnished to the user of a white space device 
shall include the following statement, placed in a prominent location 
in the text of the manual:

    This equipment has been tested and found to comply with the 
rules for white space devices, pursuant to part 15 of the FCC rules. 
These rules are designed to provide reasonable protection against 
harmful interference. This equipment generates, uses and can radiate 
radio frequency energy and, if not installed and used in accordance 
with the instructions, may cause harmful interference to radio 
communications. If this equipment does cause harmful interference to 
radio or television reception, which can be determined by turning 
the equipment off and on, the user is encouraged to try to correct 
the interference by one or more of the following measures:
    (1) Reorient or relocate the receiving antenna.
    (2) Increase the separation between the equipment and receiver.
    (3) Connect the equipment into an outlet on a circuit different 
from that to which the receiver is connected.
    (4) Consult the manufacturer, dealer or an experienced radio/TV 
technician for help.

    (b) In cases where the manual is provided only in a form other than 
paper, such as on a computer disk or over the Internet, the information 
required by this section may be included in the manual in that 
alternative form, provided the user can reasonably be expected to have 
the capability to access information in that form.


Sec.  15.707  Permissible channels of operation.

    (a)(1) All white space devices are permitted to operate on 
available channels in the frequency bands 470-698 MHz (TV channels 14-
51), subject to the interference protection requirements in Sec. Sec.  
15.711 and 15.712, except as provided in paragraph (a)(2) of this 
section.
    (2) White space devices are not permitted to operate on the first 
channel above and below TV channel 37 (608-614 MHz) that are available 
(i.e., not occupied by an authorized service) until June 23, 2017, but 
no later than release of the Channel Reassignment Public Notice upon 
completion of the broadcast television spectrum incentive auction, as 
defined in Sec.  73.3700(a) of this chapter. If a channel is not 
available both above and below channel 37, operation is prohibited on 
the first two channels nearest to channel 37. These channels will be 
identified and protected in the white space database(s).
    (3) 600 MHz guard band. In the 600 MHz guard band between 
television and 600 MHz service downlink bands, white space devices may 
only operate immediately adjacent to the television band with a maximum 
bandwidth of 6 megahertz. White space devices are prohibited from 
operating in the three megahertz segment adjacent to the 600 MHz 
service band.
    (4) 600 MHz duplex gap. In the 600 MHz duplex gap, white space 
devices shall only operate in the 6 megahertz segment immediately 
adjacent to the 600 MHz service uplink band.
    (5) 600 MHz service band. White space devices may operate on 
frequencies in the 600 MHz service band in areas where 600 MHz band 
licensees have not commenced operations, as defined in part 27 of this 
chapter.
    (6) Channel 37 guard band. White space devices are not permitted to 
operate in either three megahertz segment above or below channel 37 if 
that spectrum is adjacent to the 600 MHz service band.
    (b) Only fixed white space devices that communicate only with other 
fixed white space devices may operate on available channels in the 
bands 54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 5 and 6), and 
174-216 MHz (TV channels 7-13), subject to the

[[Page 73072]]

interference protection requirements in Sec. Sec.  15.711 and 15.712.


Sec.  15.709  General technical requirements.

    (a) Radiated power limits. The maximum white space device EIRP per 
6 MHz shall not exceed the limits of paragraphs (a)(2) through (4) of 
this section.
    (1) General requirements. (i) White space devices may be required 
to operate with less power than the maximum permitted to meet the co-
channel and adjacent channel separation requirements of Sec.  15.712 of 
this part.
    (ii) Mode I personal/portable devices are limited to 40 mW, if the 
white space device that controls it is limited to 40 mW.
    (2) TV bands and 600 MHz service band. (i) Fixed devices: Up to 4 W 
(36 dBm) EIRP, and up to 10 W (40 dBm) EIRP in less congested areas in 
the TV bands and 600 MHz service band at locations where they meet the 
co-channel and adjacent channel separation distances of Sec. Sec.  
15.712(a)(2) and 15.712(i) of this part, respectively. Operation in the 
602-620 MHz band is limited to a maximum of 4 W (36 dBm) EIRP.
    (ii) Personal/Portable devices: Up to 100 mW (20 dBm) EIRP.
    (3) 608-614 MHz band (channel 37). (i) Fixed devices: Up to 4 W (36 
dBm) EIRP.
    (ii) Personal/Portable devices: Up to 100 mW (20 dBm) EIRP.
    (4) 600 MHz duplex gap and guard bands. Up to 40 mW (16 dBm) EIRP.
    (b) Technical limits--(1) Fixed white space devices. (i) Technical 
limits for fixed white space devices are shown in the table and subject 
to the requirements of this section.
    (ii) For operation at EIRP levels of 36 dBm (4000 mW) or less, 
fixed white space devices may operate at EIRP levels between the values 
shown in the table provided that the conducted power and the conducted 
power spectral density (PSD) limits are linearly interpolated between 
the values shown and the adjacent channel emission limit of the higher 
value shown in the table is met. Operation at EIRP levels above 36 dBm 
(4000 mW) shall follow the requirements for 40 dBm (10,000 mW).

----------------------------------------------------------------------------------------------------------------
                                                                                             Conducted  adjacent
               EIRP (6 MHz)                 Conducted power limit \1\   Conducted PSD limit    channel emission
                                                     (6 MHz)                  (100 kHz)        limit (100 kHz)
----------------------------------------------------------------------------------------------------------------
16 dBm (40 mW)...........................  10 dBm (10 mW).............             -7.4 dBm            -62.8 dBm
20 dBm (100 mW)..........................  14 dBm (25 mW).............             -3.4 dBm            -58.8 dBm
24 dBm (250 mW)..........................  18 dBm (63 mW).............              0.6 dBm            -54.8 dBm
28 dBm (625 mW)..........................  22 dBm (158 mW)............              4.6 dBm            -50.8 dBm
32 dBm (1600 mW).........................  26 dBm (400 mW)............              8.6 dBm            -46.8 dBm
36 dBm (4000 mW).........................  30 dBm (1000 mW)...........             12.6 dBm            -42.8 dBm
40 dBm (10000 mW)........................  30 dBm (1000 mW)...........             12.6 dBm            -42.8 dBm
----------------------------------------------------------------------------------------------------------------
\1\ The conducted power spectral density from a fixed white space device shall not be greater than the values
  shown in the table when measured in any 100 kHz band during any time interval of continuous transmission,
  except that a 40 mW fixed white space device operating in a four megahertz channel within a seven megahertz
  guard band must comply with a conducted power spectral density limit of -5.4 dBm.

    (2) Personal/Portable white space devices. Technical limits for 
personal/portable white space devices are shown in the table and 
subject to the requirements of this section.

 
------------------------------------------------------------------------
                                                      Radiated adjacent
                                 Radiated PSD limit    channel emission
         EIRP  (6 MHz)          EIRP \1\  (100 kHz)    limit EIRP  (100
                                                             kHz)
------------------------------------------------------------------------
16 dBm (40 mW)................             -1.4 dBm            -56.8 dBm
20 dBm (100 mW)...............              2.6 dBm            -52.8 dBm
------------------------------------------------------------------------
\1\ The radiated power spectral density from a personal/portable white
  space device shall not be greater than the values shown in the table
  when measured in any 100 kHz band during any time interval of
  continuous transmission, except that a 40 mW white space device
  operating in a four megahertz channel within a seven megahertz guard
  band must comply with a radiated power spectral density limit of 0.6
  dBm.

    (3) Sensing-only devices. Sensing-only white space devices are 
limited to 17 dBm (50 mW) EIRP and are subject to the requirements of 
this paragraph and of Sec.  15.717 of this part.
    (i) Radiated PSD limit: -0.4 dBm EIRP.
    (ii) Adjacent channel emission limit: -55.8 dBm EIRP.
    (c) Conducted power limits. (1) The conducted power, PSD and 
adjacent channel limits for fixed white space devices operating at up 
to 36 dBm (4000 milliwatts) EIRP shown in the table in paragraph (b)(1) 
of this section are based on a maximum transmitting antenna gain of 6 
dBi. If transmitting antennas of directional gain greater than 6 dBi 
are used, the maximum conducted output power shall be reduced by the 
amount in dB that the directional gain of the antenna exceeds 6 dBi.
    (2) The conducted power, PSD and adjacent channel limits for fixed 
white space devices operating at greater than 36 dBm (4000 milliwatts) 
EIRP shown in the table in paragraph (b)(1) of this section are based 
on a maximum transmitting antenna gain of 10 dBi. If transmitting 
antennas of directional gain greater than 10 dBi are used, the maximum 
conducted output power shall be reduced by the amount in dB that the 
directional gain of the antenna exceeds 10 dBi.
    (3) Maximum conducted output power is the total transmit power over 
the occupied bandwidth delivered to all antennas and antenna elements 
averaged across all symbols in the signaling alphabet when the 
transmitter is operating at its maximum power level. Power must be 
summed across all antennas and antenna elements. The average must not 
include any time

[[Page 73073]]

intervals during which the transmitter is off or is transmitting at a 
reduced power level. If multiple modes of operation are possible (e.g., 
alternative modulation methods), the maximum conducted output power is 
the highest total transmit power occurring in any mode.
    (4) White space devices connected to the AC power line are required 
to comply with the conducted limits set forth in Sec.  15.207.
    (d) Emission limits. (1) The adjacent channel emission limits shown 
in the tables in paragraphs (b)(1) and (2) of this section apply in the 
six megahertz channel immediately adjacent to each white space channel 
or group of contiguous white space channels in which the white space 
device is operating.
    (2) At frequencies beyond the six megahertz channel immediately 
adjacent to each white space channel or group of contiguous white space 
channels in which the white space device is operating the white space 
device shall meet the requirements of Sec.  15.209.
    (3) Emission measurements in the adjacent bands shall be performed 
using a minimum resolution bandwidth of 100 kHz with an average 
detector. A narrower resolution bandwidth may be employed near the band 
edge, when necessary, provided the measured energy is integrated to 
show the total power over 100 kHz.
    (e) Transmit power control. White space devices shall incorporate 
transmit power control to limit their operating power to the minimum 
necessary for successful communication. Applicants for equipment 
certification shall include a description of the device's transmit 
power control feature mechanism.
    (f) Security. White space devices shall incorporate adequate 
security measures to prevent the devices from accessing databases not 
approved by the FCC and to ensure that unauthorized parties cannot 
modify the device or configure its control features to operate in a 
manner inconsistent with the rules and protection criteria set forth in 
this subpart.
    (g) Antenna requirements--(1) Fixed white space devices--(i) Above 
ground level. The transmit antenna height shall not exceed 30 meters 
above ground level, except that the antenna height may not exceed 10 
meters above ground level for fixed white space devices operating in 
the TV bands or guard band at 40 mW EIRP or less or operating across 
multiple contiguous TV channels at 100 mW EIRP or less.
    (ii) Height above average terrain (HAAT). The transmit antenna 
shall not be located where the height above average terrain is more 
than 250 meters. The HAAT is to be calculated by the white space 
database using the methodology in Sec.  73.684(d) of this chapter.
    (2) Personal/portable white space devices. Personal/portable 
devices shall have permanently attached transmit and receive 
antenna(s).
    (3) Sensing-only white space devices operating under the provisions 
of Sec.  15.717 of this subpart. (i) The provisions of Sec.  
15.204(c)(4) do not apply to an antenna used for transmission and 
reception/spectrum sensing.
    (ii) Compliance testing for white space devices that incorporate a 
separate sensing antenna shall be performed using the lowest gain 
antenna for each type of antenna to be certified.
    (h) Compliance with radio frequency exposure requirements--(1) 
Fixed white space devices. To ensure compliance with the Commission's 
radio frequency exposure requirements in Sec. Sec.  1.1307(b), 2.1091 
and 2.1093 of this chapter, fixed white space devices shall be 
accompanied by instructions on measures to take to ensure that persons 
maintain a distance of at least 40 cm from the device, as well as any 
necessary hardware that may be needed to implement that protection. 
These instructions shall be submitted with the application for 
certification.
    (2) Personal/portable white space devices. Personal/portable white 
space devices that meet the definition of portable devices under Sec.  
2.1093 of this chapter and that operate with a source-based time-
averaged output of less than 20 mW will not be subject to routine 
evaluation for compliance with the radio frequency exposure guidelines 
in Sec. Sec.  1.1307(b), 2.1091, and 2.1093 of this chapter, while 
devices that operate with a source-based time-average output power 
greater than 20 mW will be subject to the routine evaluation 
requirements.


Sec.  15.711  Interference avoidance methods.

    Except as provided in Sec.  15.717 of this part, channel 
availability for a white space device is determined based on the geo-
location and database access method described in paragraphs (a) through 
(e) of this section.
    (a) Geo-location required. White space devices shall rely on a geo-
location capability and database access mechanism to protect the 
following authorized service in accordance with the interference 
protection requirements of Sec.  15.712: digital television stations, 
digital and analog Class A, low power, translator and booster stations; 
translator receive operations; fixed broadcast auxiliary service links; 
private land mobile service/commercial radio service (PLMRS/CMRS) 
operations; offshore radiotelephone service; low power auxiliary 
services authorized pursuant to Sec. Sec.  74.801 through 74.882 of 
this chapter, including licensed wireless microphones; MVPD receive 
sites; wireless medical telemetry service (WMTS); radio astronomy 
service (RAS); 600 MHz service band licensees where they have commenced 
operations; and unlicensed wireless microphones used by venues of large 
events and productions/shows as provided under Sec.  15.713(j)(9). In 
addition, protection shall be provided in border areas near Canada and 
Mexico in accordance with Sec.  15.712(g).
    (b) Geo-location requirement--(1) Accuracy. Fixed white space 
devices that incorporate a geo-location capability and Mode II devices 
shall determine their location and their geo-location uncertainty (in 
meters), with a confidence level of 95%.
    (2) Reference datum. All geographic coordinates shall be referenced 
to the North American Datum of 1983 (NAD 83).
    (c) Requirements for fixed white space devices. (1) The geographic 
coordinates and antenna height above ground level of a fixed white 
space device shall be determined at the time of installation and first 
activation from a power-off condition by either an incorporated geo-
location capability or a professional installer. This information may 
be stored internally in the white space device. In the case of 
professional installation, the party who registers the fixed white 
space device in the database will be responsible for assuring the 
accuracy of the entered coordinates and antenna height. If a fixed 
white space device is moved to another location or if its stored 
coordinates become altered, the operator shall re-establish the 
device's:
    (i) Geographic location and antenna height above ground level and 
store this information in the white space device either by means of the 
device's incorporated geo-location capability or through the services 
of a professional installer; and
    (ii) Registration with the database based on the device's new 
coordinates and antenna height above ground level.
    (2)(i) Each fixed white space device must access a white space 
database over the Internet to determine the available channels and the 
corresponding maximum permitted power for each available channel that 
is available at its geographic coordinates, taking into consideration 
the fixed device's antenna height above ground level and geo-

[[Page 73074]]

location uncertainty, prior to its initial service transmission at a 
given location.
    (ii) Operation is permitted only on channels and at power levels 
that are indicated in the database as being available for each white 
space device. Operation on a channel must cease immediately or power 
must be reduced to a permissible level if the database indicates that 
the channel is no longer available at the current operating level.
    (iii) Each fixed white space devices shall access the database at 
least once a day to verify that the operating channels continue to 
remain available. Each fixed white space device must adjust its use of 
channels in accordance with channel availability schedule information 
provided by its database for the 48-hour period beginning at the time 
the device last accessed the database for a list of available channels.
    (iv) Fixed devices without a direct connection to the Internet: A 
fixed white space device may not operate on channels provided by a 
white space database for another fixed device. A fixed white space 
device that has not yet been initialized and registered with a white 
space database consistent with Sec.  15.713 of this part, but can 
receive the transmissions of another fixed white space device, may 
transmit to that other fixed white space device on either a channel 
that the other white space device has transmitted on or on a channel 
which the other white space device indicates is available for use to 
access the database to register its location and receive a list of 
channels that are available for it to use. Subsequently, the newly 
registered fixed white space device must only use the channels that the 
database indicates are available for it to use.
    (d) Requirements for Mode II personal/portable white space devices. 
(1) The geographic coordinates of a Mode II personal/portable white 
space device shall be determined by an incorporated geo-location 
capability prior to its initial service transmission at a given 
location and each time the device is activated from a power-off 
condition to determine the available channels and the corresponding 
maximum permitted power for each available channel at its geographic 
coordinates, taking into consideration the device's geo-location 
uncertainty. The location must be checked at least once every 60 
seconds while in operation, except while in sleep mode, i.e., in a mode 
in which the device is inactive but is not powered-down.
    (2) Each Mode II personal/portable white space device must access a 
white space database over the Internet to obtain a list of available 
channels for its location. The device must access the database for an 
updated available channel list if its location changes by more than 100 
meters from the location at which it last established its available 
channel list.
    (3) Operation is permitted only on channels and at power levels 
that are indicated in the database as being available for the Mode II 
personal/portable white space device. Operation on a channel must cease 
immediately or power must be reduced to a permissible level if the 
database indicates that the channel is no longer available at the 
current operating level.
    (4) A Mode II personal/portable white space device that has been in 
a powered state shall re-check its location and access the database 
daily to verify that the operating channel(s) and corresponding power 
levels continue to be available. Mode II personal/portable devices must 
adjust their use of channels and power levels in accordance with 
channel availability schedule information provided by their database 
for the 48-hour period beginning at the time of the device last 
accessed the database for a list of available channels.
    (5) A Mode II personal/portable device may load channel 
availability information for multiple locations, (i.e., in the vicinity 
of its current location) and use that information to define a 
geographic area within which it can operate on the same available 
channels at all locations. For example a Mode II personal/portable 
white space device could calculate a bounded area in which a channel or 
channels are available at all locations within the area and operate on 
a mobile basis within that area. A Mode II white space device using 
such channel availability information for multiple locations must 
contact the database again if/when it moves beyond the boundary of the 
area where the channel availability data is valid.
    (e) Requirements for Mode I personal/portable white space devices. 
(1) A Mode I personal/portable white space device may only transmit 
upon receiving a list of available channels from a fixed or Mode II 
white space device. A fixed or Mode II white space device may provide a 
Mode I device with a list of available channels only after it contacts 
its database, provides the database the FCC Identifier (FCC ID) of the 
Mode I device requesting available channels, and receives verification 
that the FCC ID is valid for operation.
    (2) A Mode II device must provide a list of channels to the Mode I 
device that is the same as the list of channels available to the Mode 
II device.
    (3) A fixed device may provide a list of available channels to a 
Mode I device only if the fixed device HAAT as verified by the white 
space database does not exceed 106 meters. The fixed device must 
provide a list of available channels to the Mode I device that is the 
same as the list of channels available to the fixed device, except that 
a Mode I device may operate only on those channels that are permissible 
for its use under Sec.  15.707 of this part. A fixed device may also 
obtain from a white space database and provide to a Mode I personal/
portable white space device, a separate list of available channels that 
includes adjacent channels available to a Mode I personal/portable 
white space device, but not a fixed white space device.
    (4) To initiate contact with a fixed or Mode II device, a Mode I 
device may transmit on an available channel used by the fixed or Mode 
II white space device or on a channel the fixed or Mode II white space 
device indicates is available for use by a Mode I device. At least once 
every 60 seconds, except when in sleep mode (i.e., a mode in which the 
device is inactive but is not powered-down), a Mode I device must 
either receive a contact verification signal from the Mode II or fixed 
white space device that provided its current list of available channels 
or contact a Mode II or fixed white space device to re-verify/re-
establish channel availability. A Mode I device must cease operation 
immediately if it does not receive a contact verification signal or is 
not able to re-establish a list of available channels through contact 
with a fixed or Mode II device on this schedule. If a fixed or Mode II 
white space device loses power and obtains a new channel list, it must 
signal all Mode I devices it is serving to acquire and use a new 
channel list.
    (f) Display of available channels. A white space device must 
incorporate the capability to display a list of identified available 
channels and its operating channels.
    (g) Identifying information. Fixed white space devices shall 
transmit identifying information. The identification signal must 
conform to a standard established by a recognized industry standards 
setting organization. The identification signal shall carry sufficient 
information to identify the device and its geographic coordinates.
    (h) Continuing operation. If a fixed or Mode II personal/portable 
white space device fails to successfully contact the white space 
database during any given day, it may continue to operate until 11:59 
p.m. of the following day at which time it must cease operations until 
it re-

[[Page 73075]]

establishes contact with the white space database and re-verifies its 
list of available channels.
    (i) Push notifications. White space device manufacturers and 
database administrators must implement the push notification 
requirements of paragraphs (i)(1) and (2) of this section, and may also 
implement a system that pushes additional updated channel availability 
information from the database to white space devices.
    (1) In response to a request for immediate access to a channel by a 
licensed wireless microphone user, white space database administrators 
are required to share the licensed microphone channel registration 
information to all other white space database administrators within 10 
minutes of receiving each wireless microphone registration.
    (2) White space database administrators shall push updated 
available channel lists to fixed and Mode II personal/portable white 
space devices within 20 minutes of receiving the notification required 
by paragraph (i)(1) of this section. The information need only be 
pushed to white space devices that are located within the separation 
distances, specified in Sec.  15.712(f) of this part, for each licensed 
wireless microphone registration received.
    (3) White space database administrators must update their systems 
to comply with these requirements no later than December 23, 2016.
    (j) Security. (1) White space devices shall incorporate adequate 
security measures to ensure that they are capable of communicating for 
purposes of obtaining lists of available channels only with databases 
operated by administrators authorized by the Commission, and to ensure 
that communications between white space devices and databases are 
secure to prevent corruption or unauthorized interception of data. This 
requirement includes implementing security for communications between 
Mode I personal portable devices and fixed or Mode II devices for 
purposes of providing lists of available channels. This requirement 
applies to communications of channel availability and other spectrum 
access information between the databases and fixed and Mode II devices 
(it is not necessary for white space devices to apply security coding 
to channel availability and channel access information where they are 
not the originating or terminating device and that they simply pass 
through).
    (2) Communications between a Mode I device and a fixed or Mode II 
device for purposes of obtaining a list of available channels shall 
employ secure methods that ensure against corruption or unauthorized 
modification of the data. When a Mode I device makes a request to a 
fixed or Mode II device for a list of available channels, the receiving 
device shall check with the white space database that the Mode I device 
has a valid FCC Identifier before providing a list of available 
channels. Contact verification signals transmitted for Mode I devices 
are to be encoded with encryption to secure the identity of the 
transmitting device. Mode I devices using contact verification signals 
shall accept as valid for authorization only the signals of the device 
from which they obtained their list of available channels.
    (3) A white space database shall be protected from unauthorized 
data input or alteration of stored data. To provide this protection, 
the white space database administrator shall establish communications 
authentication procedures that allow fixed and Mode II white space 
devices to be assured that the data they receive is from an authorized 
source.
    (4) Applications for certification of white space devices shall 
include a high level operational description of the technologies and 
measures that are incorporated in the device to comply with the 
security requirements of this section. In addition, applications for 
certification of fixed and Mode II white space devices shall identify 
at least one of the white space databases operated by a designated 
white space database administrator that the device will access for 
channel availability and affirm that the device will conform to the 
communications security methods used by that database.


Sec.  15.712  Interference protection requirements.

    The separation distances in this section apply to fixed and 
personal/portable white space devices with a location accuracy of 
50 meters. These distances must be increased by the amount 
that the location uncertainty of a white space device exceeds 50 meters.
    (a) Digital television stations, and digital and analog Class A TV, 
low power TV, TV translator and TV booster stations--(1) Protected 
contour. White space devices must protect digital and analog TV 
services within the contours shown in the following table. These 
contours are calculated using the methodology in Sec.  73.684 of this 
chapter and the R-6602 curves contained in Sec.  73.699 of this 
chapter.

----------------------------------------------------------------------------------------------------------------
                                                                        Protected contour
                                               -----------------------------------------------------------------
                Type of station                                                                     Propagation
                                                             Channel               Contour (dBu)       curve
----------------------------------------------------------------------------------------------------------------
Analog: Class A TV, LPTV, translator and        Low VHF (2-6)...................              47        F(50,50)
 booster.
                                                High VHF (7-13).................              56        F(50,50)
                                                UHF (14-69).....................              64        F(50,50)
Digital: Full service TV, Class A TV, LPTV,     Low VHF (2-6)...................              28        F(50,90)
 translator and booster.
                                                High VHF (7-13).................              36        F(50,90)
                                                UHF (14-51).....................              41        F(50,90)
----------------------------------------------------------------------------------------------------------------

    (2) Required separation distance. White space devices must be 
located outside the contours indicated in paragraph (a)(1) of this 
section of co-channel and adjacent channel stations by at least the 
minimum distances specified in the following tables.
    (i) If a device operates between two defined power levels, it must 
comply with the separation distances for the higher power level.
    (ii) White space devices operating at 40 mW EIRP or less are not 
required to meet the adjacent channel separation distances.
    (iii) Fixed white space devices operating at 100 mW EIRP or less 
per 6 megahertz across multiple contiguous TV channels with at least 3 
megahertz separation between the frequency band occupied by the white 
space device and adjacent TV channels are not required to meet the 
adjacent channel separation distances.
    (iv) Fixed white space devices may only operate above 4 W EIRP in 
less

[[Page 73076]]

congested areas as defined in Sec.  15.703(h).

              Mode II Personal/Portable White Space Devices
------------------------------------------------------------------------
                                              Required separation in
                                            kilometers from co-channel
                                            digital or analog TV (full
                                               service or low power)
                                                 protected contour
                                         -------------------------------
                                                            20 dBm (100
                                          16 dBm (40 mW)        mW)
------------------------------------------------------------------------
Communicating with Mode II or Fixed                  1.3             1.7
 device.................................
Communicating with Mode I device........             2.6             3.4
------------------------------------------------------------------------


                                                                Fixed White Space Devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Required separation in kilometers from co-channel digital or analog TV (full service or low power) protected
                                                                                            contour \*\
 Antenna height above average terrain of ---------------------------------------------------------------------------------------------------------------
      unlicensed devices  (meters)          16 dBm  (40    20 dBm  (100    24 dBm  (250    28 dBm  (625    32 dBm  (1600
                                                mW)             mW)             mW)             mW)             mW)        36 dBm  (4 W)  40 dBm  (10 W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 3.............................             1.3             1.7             2.1             2.7             3.3             4.0             4.5
3-10....................................             2.4             3.1             3.8             4.8             6.1             7.3             8.5
10-30...................................             4.2             5.1             6.0             7.1             8.9            11.1            13.9
30-50...................................             5.4             6.5             7.7             9.2            11.5            14.3            19.1
50-75...................................             6.6             7.9             9.4            11.1            13.9            18.0            23.8
75-100..................................             7.7             9.2            10.9            12.8            17.2            21.1            27.2
100-150.................................             9.4            11.1            13.2            16.5            21.4            25.3            32.3
150-200.................................            10.9            12.7            15.8            19.5            24.7            28.5            36.4
200-250.................................            12.1            14.3            18.2            22.0            27.3            31.2            39.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified
  distances by 1.3 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 1.7 kilometers if the Mode I device operates at
  power levels above 40 mW EIRP.


                  Personal/Portable White Space Devices
------------------------------------------------------------------------
                                               Required separation in
                                              kilometers from adjacent
                                            channel digital or analog TV
                                            (full service or low power)
                                                 protected contour
                                          ------------------------------
                                                  20 dBm (100 mW)
------------------------------------------------------------------------
Communicating with Mode II or Fixed                                 0.1
 device..................................
Communicating with Mode I device.........                           0.2
------------------------------------------------------------------------


                                                                Fixed White Space Devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Required separation in kilometers from adjacent channel digital or analog TV (full service or
                                                                                          low power) protected contour >*
   Antenna height above average terrain of unlicensed    -----------------------------------------------------------------------------------------------
                    devices (meters)                       20 dBm  (100    24 dBm  (250    28 dBm  (625    32 dBm  (1600
                                                                mW)             mW)             mW)             mW)        36 dBm  (4 W)  40 dBm  (10 W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 3.............................................             0.1             0.1             0.1             0.1             0.2             0.2
3-10....................................................             0.1             0.2             0.2             0.2             0.3             0.4
10-30...................................................             0.2             0.3             0.3             0.4             0.5             0.6
30-50...................................................             0.3             0.3             0.4             0.5             0.7             0.8
50-75...................................................             0.3             0.4             0.5             0.7             0.8             0.9
75-100..................................................             0.4             0.5             0.6             0.8             1.0             1.1
100-150.................................................             0.5             0.6             0.8             0.9             1.2             1.3
150-200.................................................             0.5             0.7             0.9             1.1             1.4             1.5
200-250.................................................             0.6             0.8             1.0             1.2             1.5             1.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
* When communicating with a Mode I personal/portable white space device that operates at power levels above 40 mW EIRP, the required separation
  distances must be increased beyond the specified distances by 0.1 kilometers.

    (3) Fixed white space device antenna height. Fixed white space 
devices must comply with the requirements of Sec.  15.709(g) of this 
part.
    (b) TV translator, Low Power TV (including Class A) and Multi-
channel Video Programming Distributor (MVPD) receive sites. (1) MVPD, 
TV translator station and low power TV (including Class A) station 
receive sites located outside the protected contour of the TV 
station(s) being received may be

[[Page 73077]]

registered in the white space database if they are no farther than 80 
km outside the nearest edge of the relevant contour(s). Only channels 
received over the air and used by the MVPD, TV translator station or 
low power/Class A TV station may be registered.
    (2) White space devices may not operate within an arc of 30 degrees from a line between a registered receive site and the 
contour of the TV station being received in the direction of the 
station's transmitter at a distance of up to 80 km from the edge of the 
protected contour of the received TV station for co-channel operation 
and up to 20 km from the registered receive site for adjacent channel 
operation, except that the protection distance shall not exceed the 
distance from the receive site to the protected contour.
    (3) Outside of the 30 degree arc defined in paragraph 
(b)(2) of this section:
    (i) White space devices operating at 4 watts EIRP or less may not 
operate within 8 km from the receive site for co-channel operation and 
2 km from the receive site for adjacent channel operation.
    (ii) White Space devices operating with more than 4 watts EIRP may 
not operate within 10.2 km from the receive site for co-channel 
operation and 2.5 km from the receive site for adjacent channel 
operation.
    (iii) For purposes of this section, a TV station being received may 
include a full power TV station, TV translator station or low power TV/
Class A TV station.
    (c) Fixed Broadcast Auxiliary Service (BAS) links. (1) For 
permanent BAS receive sites appearing in the Commission's Universal 
Licensing System or temporary BAS receive sites registered in the white 
space database, white space devices may not operate within an arc of 
30 degrees from a line between the BAS receive site and its 
associated permanent transmitter within a distance of 80 km from the 
receive site for co-channel operation and 20 km for adjacent channel 
operation.
    (2) Outside of the 30 degree arc defined in paragraph 
(c)(1) of this section:
    (i) White space devices operating at 4 watts EIRP or less may not 
operate within 8 km from the receive site for co-channel operation and 
2 km from the receive site for adjacent channel operation.
    (ii) White Space devices operating with more than 4 watts EIRP may 
not operate within 10.2 km from the receive site for co-channel 
operation and 2.5 km from the receive site for adjacent channel 
operation.
    (d) PLMRS/CMRS operations. (1) White space devices may not operate 
at distances less than those specified in the table below from the 
coordinates of the metropolitan areas and on the channels listed in 
Sec.  90.303(a) of this chapter.

----------------------------------------------------------------------------------------------------------------
                                                                  Required separation in kilometers from areas
                                                                  specified in Sec.   90.303(a) of this chapter
             White space device transmitter power              -------------------------------------------------
                                                                                             Adjacent channel
                                                                  Co-channel operation          operation
----------------------------------------------------------------------------------------------------------------
4 watts EIRP or less..........................................                      134                      131
Greater than 4 watts EIRP.....................................                      136                    131.5
----------------------------------------------------------------------------------------------------------------

    (2) White space devices may not operate at distances less than 
those specified in the table below from PLMRS/CMRS operations 
authorized by waiver outside of the metropolitan areas listed in Sec.  
90.303(a) of this chapter.

----------------------------------------------------------------------------------------------------------------
                                                                  Required separation in kilometers from areas
                                                                  specified in Sec.   90.303(a) of this chapter
             White space device transmitter power              -------------------------------------------------
                                                                                             Adjacent channel
                                                                 Co-channel  operation          operation
----------------------------------------------------------------------------------------------------------------
4 watts EIRP or less..........................................                       54                       51
Greater than 4 watts EIRP.....................................                       56                     51.5
----------------------------------------------------------------------------------------------------------------

    (e) Offshore Radiotelephone Service. White space devices may not 
operate on channels used by the Offshore Radio Service within the 
geographic areas specified in Sec.  74.709(e) of this chapter.
    (f) Low power auxiliary services, including wireless microphones. 
Fixed white space devices are not permitted to operate within 1 km, and 
personal/portable white space devices will not be permitted to operate 
within 400 meters, of the coordinates of registered low power auxiliary 
station sites on the registered channels during the designated times 
they are used by low power auxiliary stations.
    (g) Border areas near Canada and Mexico: Fixed and personal/
portable white space devices shall comply with the required separation 
distances in Sec.  15.712(a)(2) from the protected contours of TV 
stations in Canada and Mexico. White space devices are not required to 
comply with these separation distances from portions of the protected 
contours of Canadian or Mexican TV stations that fall within the United 
States.
    (h) Radio astronomy services. (1) Operation of fixed and personal/
portable white space devices is prohibited on all channels within 2.4 
kilometers at the following locations.
    (i) The Naval Radio Research Observatory in Sugar Grove, West 
Virginia at 38 30 58 N and 79 16 48 W.
    (ii) The Table Mountain Radio Receiving Zone (TMRZ) at 40 08 02 N 
and 105 14 40 W.
    (iii) The following facilities:

------------------------------------------------------------------------
                                     Latitude  (deg/    Longitude  (deg/
            Observatory                  min/sec)           min/sec)
------------------------------------------------------------------------
Arecibo Observatory...............         18 20 37 N        066 45 11 W
Green Bank Telescope (GBT)........         38 25 59 N        079 50 23 W
Very Long Baseline Array (VLBA)     .................  .................
 Stations:

[[Page 73078]]

 
    Pie Town, NM..................         34 18 04 N        108 07 09 W
    Kitt Peak, AZ.................         31 57 23 N        111 36 45 W
    Los Alamos, NM................         35 46 30 N        106 14 44 W
    Ft. Davis, TX.................         30 38 06 N        103 56 41 W
    N. Liberty, IA................         41 46 17 N        091 34 27 W
    Brewster, WA..................         48 07 52 N        119 41 00 W
    Owens Valley, CA..............         37 13 54 N        118 16 37 W
    St. Croix, VI.................         17 45 24 N        064 35 01 W
    Hancock, NH...................         42 56 01 N        071 59 12 W
    Mauna Kea, HI.................         19 48 05 N        155 27 20 W
------------------------------------------------------------------------

    (2) Operation within the band 608-614 MHz is prohibited within the 
areas defined by the following coordinates (all coordinates are NAD 
83):

(i) Pie Town, NM

------------------------------------------------------------------------
                                                        West longitude
            North latitude  (deg/min/sec)                (deg/min/sec)
------------------------------------------------------------------------
35 25 56.28.........................................        107 44 56.40
35 15 57.24.........................................        107 41 27.60
33 52 14.16.........................................        107 30 25.20
33 22 39.36.........................................        107 49 26.40
33 57 38.52.........................................        109 36 10.80
34 04 46.20.........................................        109 34 12.00
34 27 20.88.........................................        109 12 43.20
35 15 30.24.........................................        108 25 55.20
------------------------------------------------------------------------

(ii) Kitt Peak, AZ

------------------------------------------------------------------------
                                                        West longitude
            North latitude  (deg/min/sec)                (deg/min/sec)
------------------------------------------------------------------------
34 08 18.24.........................................        111 36 46.80
33 54 10.08.........................................        109 38 20.40
32 09 25.56.........................................        113 42 03.60
31 29 15.72.........................................        111 33 43.20
33 20 36.60.........................................        113 36 14.40
34 09 20.52.........................................        112 34 37.20
------------------------------------------------------------------------

(iii) Los Alamos, NM

------------------------------------------------------------------------
                                                        West longitude
            North latitude  (deg/min/sec)                (deg/min/sec)
------------------------------------------------------------------------
36 25 54.12.........................................        106 06 07.20
36 32 26.88.........................................        105 59 27.60
36 45 23.40.........................................        105 48 03.60
36 48 10.44.........................................        105 30 21.60
36 13 37.92.........................................        105 26 38.40
35 38 40.92.........................................        105 48 36.00
35 36 51.48.........................................        105 49 30.00
34 06 17.28.........................................        107 10 48.00
34 16 18.12.........................................        107 17 16.80
35 21 22.68.........................................        106 51 07.20
------------------------------------------------------------------------

(iv) Ft. Davis, TX

------------------------------------------------------------------------
                                                        West longitude
            North latitude  (deg/min/sec)                (deg/min/sec)
------------------------------------------------------------------------
30 42 16.92.........................................        103 55 22.80
30 35 49.92.........................................        103 41 52.80
30 32 35.88.........................................        103 43 04.80
30 25 20.64.........................................        103 49 48.00
30 24 30.24.........................................        103 52 30.00
30 26 14.28.........................................        103 57 54.00
30 33 03.60.........................................        104 09 10.80
30 40 03.36.........................................         104 05 9.60
30 43 11.28.........................................        103 58 48.00
------------------------------------------------------------------------

(v) N. Liberty, IA

------------------------------------------------------------------------
                                                        West longitude
            North latitude  (deg/min/sec)                (deg/min/sec)
------------------------------------------------------------------------
42 03 27.00.........................................         90 54 16.56
41 59 03.12.........................................         90 46 49.44
41 34 19.20.........................................         90 51 11.16
41 19 27.12.........................................         90 58 58.80
41 02 09.96.........................................         91 07 18.84
41 07 51.24.........................................         92 03 44.64
41 50 03.12.........................................         92 36 20.16
42 28 50.16.........................................         91 44 35.16
------------------------------------------------------------------------

(vi) Brewster, WA

------------------------------------------------------------------------
   North latitude  (deg/min/sec)        West longitude  (deg/min/sec)
------------------------------------------------------------------------
                48 18 00.36                         119 35 27.60
                48 16 40.08                         119 34 51.60
                48 15 20.52                         119 34 33.60
                48 12 26.64                         119 34 08.40
                48 07 51.96                         119 34 33.60
                48 06 44.64                         119 34 48.00
                47 58 44.40                         119 36 03.60
                47 55 06.60                         119 37 40.80
                47 52 48.72                         119 39 03.60
                48 00 49.68                         119 59 06.00
                48 26 59.64                         119 46 04.80
                48 26 08.52                         119 43 22.80
------------------------------------------------------------------------

(vii) Owens Valley, CA

------------------------------------------------------------------------
   North latitude  (deg/min/sec)        West longitude  (deg/min/sec)
------------------------------------------------------------------------
                37 05 49.56                         118 02 13.20
                37 03 27.36                         118 01 08.40
                36 29 09.96                         118 06 50.40
                36 30 48.60                         118 11 56.40
                36 37 08.04                         118 16 37.20
                37 25 12.72                         118 41 16.80
                37 27 30.24                         118 41 02.40
                37 44 45.96                         118 39 03.60
                37 59 49.92                         118 32 09.60
                37 46 12.72                         118 20 09.60
------------------------------------------------------------------------

(viii) St. Croix, VI

------------------------------------------------------------------------
   North latitude  (deg/min/sec)        West longitude  (deg/min/sec)
------------------------------------------------------------------------
                18 29 15.36                          64 22 38.28
                18 06 51.12                          64 08 03.84
                18 04 31.44                          64 06 12.24
                18 02 02.76                          64 04 33.96
                17 59 26.52                          64 03 09.36
                17 56 43.80                          64 01 59.52
                17 53 56.04                          64 01 04.80
                17 51 03.96                          64 00 25.56
                17 48 09.72                          64 00 02.16
                17 42 19.08                          63 58 57.36
                17 39 07.92                          63 58 15.96
                17 42 10.44                          64 39 37.44
                17 43 57.00                          64 50 46.32
                18 07 24.24                          66 02 36.96
                18 16 13.80                          65 44 56.04
------------------------------------------------------------------------

(ix) Hancock, NH

------------------------------------------------------------------------
   North latitude  (deg/min/sec)        West longitude  (deg/min/sec)
------------------------------------------------------------------------
                44 08 59.64                          71 32 01.68
                43 46 24.60                          71 18 57.60
                42 58 41.88                          71 15 14.04
                42 29 25.08                          71 52 51.96
                42 34 05.88                          72 07 08.76
                42 34 41.52                          72 09 41.76
                42 55 47.28                          72 55 03.72
------------------------------------------------------------------------

(x) Mauna Kea, HI

------------------------------------------------------------------------
   North latitude  (deg/min/sec)        West longitude  (deg/min/sec)
------------------------------------------------------------------------
                20 11 01.32                         153 03 43.20
                20 00 52.92                         152 35 56.40
                19 46 42.60                         152 35 34.80
                19 32 33.36                         152 36 28.80
                19 18 31.68                         152 38 38.40
                19 04 44.04                         152 42 07.20
                18 51 16.56                         152 46 51.60
                18 38 15.72                         152 52 44.40
                18 25 46.56                         152 59 49.20
                18 13 55.20                         153 07 55.20
                18 02 46.68                         153 17 06.00
                17 52 26.40                         153 27 14.40
                17 42 57.96                         153 38 16.80
                17 35 20.04                         153 50 45.60
                17 27 52.20                         154 03 10.80
                17 21 27.00                         154 16 15.60
                17 16 08.40                         154 29 49.20
                17 11 57.84                         154 43 51.60
                17 08 57.48                         154 58 08.40
                17 07 09.12                         155 12 43.20
                17 23 53.52                         155 27 21.60
                19 29 13.92                         155 36 21.60
                19 47 53.88                         155 29 27.60
                19 48 52.92                         155 27 39.60
                19 48 58.68                         155 27 14.40
------------------------------------------------------------------------


[[Page 73079]]

    (3) Operation within the band 608-614 MHz is prohibited within the 
following areas:
    (i) The National Radio Quiet Zone as defined in Sec.  1.924(a)(1) 
of this chapter.
    (ii) The islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra
    (i) 600 MHz service band. Fixed and personal/portable devices 
operating in the 600 MHz Service Band must comply with the following 
co-channel and adjacent channel separation distances outside the 
defined polygonal area encompassing the base stations or other radio 
facilities deployed by a part 27 600 MHz Service Band licensee that has 
commenced operation.
    (1) Fixed white space devices may only operate above 4 W EIRP in 
less congested areas as defined in Sec.  15.703(h).
    (2) If a device operates between two defined power levels, it must 
comply with the separation distances for the higher power level.
    (3) For the purpose of this rule, co-channel means any frequency 
overlap between a channel used by a white space device and a five 
megahertz spectrum block used by a part 27 600 MHz band licensee, and 
adjacent channel means a frequency separation of zero to four megahertz 
between the edge of a channel used by a white space device and the edge 
of a five megahertz spectrum block used by a part 27 600 MHz band 
licensee.
    (4) On frequencies used by wireless uplink services:

                                  Mode II Personal/Portable White Space Devices
----------------------------------------------------------------------------------------------------------------
                                                                 600 MHz band wireless uplink spectrum  Minimum
                                                                  co-channel separation distances in kilometers
                                                                 between white space devices and any point along
                                                                  the edge of a polygon representing the outer
                                                                  edge of base station or other radio facility
                                                                                   deployment
                                                               -------------------------------------------------
                                                                     16 dBm (40 mW)          20 dBm (100 mW)
----------------------------------------------------------------------------------------------------------------
Communicating with Mode II or Fixed device....................                        5                        6
Communicating with Mode I device..............................                       10                       12
----------------------------------------------------------------------------------------------------------------


                                                                Fixed White Space Devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            600 MHz band wireless uplink spectrum  Minimum co-channel separation distances in kilometers between white
                                           space devices and any point along the edge of a polygon representing the outer edge of base station or other
 Antenna height above average terrain of                                           radio facility deployment \*\
       unlicensed devices (meters)       ---------------------------------------------------------------------------------------------------------------
                                                            20 dBm (100                     28 dBm (625    32 dBm (1600
                                           16 dBm (40mW)        mW)       24 dBm (250mW)        mW)             mW)        36 dBm (4 W)    40 dBm (10 W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 3.............................               5               6               7               9              12              15              19
3--10...................................               9              11              14              17              22              27              34
10--30..................................              15              19              24              30              38              47              60
30--50..................................              20              24              31              38              49              60              60
50--75..................................              24              30              37              47              60              60              60
75--100.................................              27              34              43              54              60              60              60
100--150................................              33              42              53              60              60              60              60
150--200................................              39              49              60              60              60              60              60
200-250.................................              43              54              60              60              60              60              60
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified
  distances by 5 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 6 kilometers if the Mode I device operates at power
  levels above 40 mW EIRP.


                  Personal/Portable White Space Devices
------------------------------------------------------------------------
                                         600 MHz band wireless uplink
                                      spectrum  Minimum adjacent channel
                                      separation distances in kilometers
                                     between white space devices and any
                                      point along the edge of a polygon
                                     representing the outer edge of base
                                       station or other radio facility
                                                  deployment
                                    ------------------------------------
                                               20 dBm (100 mW)
------------------------------------------------------------------------
Communicating with Mode II or Fixed                                 0.1
 device............................
Communicating with Mode I device...                                 0.3
------------------------------------------------------------------------


[[Page 73080]]


                                                                Fixed White Space Devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              600 MHz band wireless uplink spectrum  Minimum adjacent channel separation distances in
                                                           kilometers between white space devices and any point along the edge of a polygon representing
   Antenna height above average terrain of unlicensed                  the outer edge of base station or other radio facility deployment \*\
                    devices (meters)                     -----------------------------------------------------------------------------------------------
                                                            20 dBm (100                     28 dBm (625    32 dBm (1600
                                                                mW)       24 dBm (250mW)        mW)             mW)        36 dBm (4 W)    40 dBm (10 W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 3.............................................             0.1             0.2             0.2             0.3             0.4             0.4
3-10....................................................             0.3             0.3             0.4             0.5             0.6             0.8
10-30...................................................             0.4             0.6             0.7             0.9             1.1             1.4
30-50...................................................             0.6             0.7             0.9             1.2             1.4             1.8
50-75...................................................             0.7             0.9             1.1             1.4             1.8             2.2
75-100..................................................             0.8             1.0             1.3             1.6             2.0             2.6
100-150.................................................             1.0             1.3             1.6             2.0             2.5             3.1
150-200.................................................             1.2             1.4             1.8             2.3             2.9             3.6
200-250.................................................             1.3             1.6             2.0             2.6             3.2             4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified
  distances by 0.1 kilometers.

    (5) On frequencies used by wireless downlink services: 35 
kilometers for co-channel operation, and 31 kilometers for adjacent 
channel operation.
    (j) Wireless Medical Telemetry Service. (1) White space devices 
operating in the 608-614 MHz band (channel 37) are not permitted to 
operate within an area defined by the polygon described in Sec.  
15.713(j)(11) plus the distances specified in the tables below:

                                  Mode II Personal/Portable White Space Devices
----------------------------------------------------------------------------------------------------------------
                                                                   Required co-channel separation distances in
                                                                           kilometers from WMTS sites
                                                               -------------------------------------------------
                                                                     16 dBm (40 mW)          20 dBm (100 mW)
----------------------------------------------------------------------------------------------------------------
Communicating with Mode II or Fixed device....................                     0.38                     0.48
Communicating with Mode I device..............................                     0.76                     0.96
----------------------------------------------------------------------------------------------------------------


                                                                Fixed White Space Devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Required co-channel separation distances in kilometers from WMTS sites \*\
   Antenna height above average terrain of unlicensed    -----------------------------------------------------------------------------------------------
                    devices (meters)                                        20 dBm (100     24 dBm (250     28 dBm (625    32 dBm (1600      36 dBm (4
                                                          16 dBm (40 mW)        mW)             mW)             mW)             mW)           watts)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 3.............................................            0.38            0.48            0.60            0.76            0.96            1.20
3-10....................................................            0.70            0.88            1.10            1.38            1.74            2.20
10-30...................................................            1.20            1.55            1.95            2.45            3.05            3.80
30-50...................................................            1.55            2.00            2.50            3.15            3.95            4.95
50-75...................................................            1.90            2.45            3.05            3.85            4.85            6.10
75-100..................................................            2.20            2.80            3.55            4.45            5.60            7.05
100-150.................................................            2.70            3.45            4.35            5.45            6.85            8.65
150-200.................................................            3.15            3.95            5.00            6.30            7.90            9.95
200-250.................................................            3.50            4.40            5.60            7.00            8.80           11.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified
  distances by 0.38 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP, or 0.48 kilometers if the Mode I device operates
  at power levels above 40 mW EIRP.

    (2) White space devices operating in the 602-608 MHz band (channel 
36) and 614-620 MHz band (channel 38) are not permitted to operate 
within an area defined by the polygon described in Sec.  15.713(j)(11) 
plus the distances specified in the tables below:

                                  Mode II Personal/Portable White Space Devices
----------------------------------------------------------------------------------------------------------------
                                                                 Required adjacent channel separation distances
                                                                            in meters from WMTS sites
                                                               -------------------------------------------------
                                                                     16 dBm (40 mW)          20 dBm (100 mW)
----------------------------------------------------------------------------------------------------------------
Communicating with Mode II or Fixed device....................                        8                       13
Communicating with Mode I device..............................                       16                       26
----------------------------------------------------------------------------------------------------------------


[[Page 73081]]


                                            Fixed White Space Devices
----------------------------------------------------------------------------------------------------------------
                  Required adjacent channel separation distances in meters from WMTS sites \*\
-----------------------------------------------------------------------------------------------------------------
                                   20 dBm  (100    24 dBm  (250    28 dBm  (625    32 dBm  (1600    36 dBm  (4
         16 dBm (40 mW)                 mW)             mW)             mW)             mW)           watts)
----------------------------------------------------------------------------------------------------------------
8...............................              13              20              32              50              71
----------------------------------------------------------------------------------------------------------------
\*\ When communicating with Mode I personal/portable white space devices, the required separation distances must
  be increased beyond the specified distances by 8 meters if the Mode I device operates at power levels no more
  than 40 mW EIRP, or 13 meters if the Mode I device operates at power levels above 40 mW EIRP.

    (k) 488-494 MHz band in Hawaii. White space devices are not 
permitted to operate in the 488-494 MHz band in Hawaii.


Sec.  15.713  White space database.

    (a) Purpose. The white space database serves the following 
functions:
    (1) To determine and provide to a white space device, upon request, 
the available channels at the white space device's location in the TV 
bands, the 600 MHz guard bands, the 600 MHz duplex gap, the 600 MHz 
service band, and channel 37. Available channels are determined based 
on the interference protection requirements in Sec.  15.712. A database 
must provide fixed and Mode II personal portable white space devices 
with channel availability information that includes scheduled changes 
in channel availability over the course of the 48 hour period beginning 
at the time the white space devices make a re-check contact. In making 
lists of available channels available to a white space device, the 
white space database shall ensure that all communications and 
interactions between the white space database and the white space 
device include adequate security measures such that unauthorized 
parties cannot access or alter the white space database or the list of 
available channels sent to white space devices or otherwise affect the 
database system or white space devices in performing their intended 
functions or in providing adequate interference protections to 
authorized services operating in the TV bands. In addition, a white 
space database must also verify that the FCC identifier (FCC ID) of a 
device seeking access to its services is valid; under this requirement 
the white space database must also verify that the FCC ID of a Mode I 
device provided by a fixed or Mode II device is valid. A list of 
devices with valid FCC IDs and the FCC IDs of those devices is to be 
obtained from the Commission's Equipment Authorization System.
    (2) To determine and provide to an unlicensed wireless microphone 
user, upon request, the available channels at the microphone user's 
location in the 600 MHz guard bands, the 600 MHz duplex gap, and the 
600 MHz service band. Available channels are determined based on the 
interference protection requirements in Sec.  15.236.
    (3) To register the identification information and location of 
fixed white space devices and unlicensed wireless microphone users.
    (4) To register protected locations and channels as specified in 
paragraph (b)(2) of this section, that are not otherwise recorded in 
Commission licensing databases.
    (b) Information in the white space database. (1) Facilities already 
recorded in Commission databases. Identifying and location information 
will come from the official Commission database. These services 
include:
    (i) Digital television stations.
    (ii) Class A television stations.
    (iii) Low power television stations.
    (iv) Television translator and booster stations.
    (v) Broadcast Auxiliary Service stations (including receive only 
sites), except low power auxiliary stations.
    (vi) Private land mobile radio service stations.
    (vii) Commercial mobile radio service stations.
    (viii) Offshore radiotelephone service stations.
    (ix) Class A television station receive sites.
    (x) Low power television station receive sites.
    (xi) Television translator station receive sites.
    (2) Facilities that are not recorded in Commission databases. 
Identifying and location information will be entered into the white 
space database in accordance with the procedures established by the 
white space database administrator(s). These include:
    (i) MVPD receive sites.
    (ii) Sites where low power auxiliary stations, including wireless 
microphones and wireless assist video devices, are used and their 
schedule for operation.
    (iii) Fixed white space device registrations.
    (iv) 600 MHz service band operations in areas where the part 27 600 
MHz service licensee has commenced operations.
    (v) Locations of health care facilities that use WMTS equipment 
operating on channel 37 (608-614 MHz).
    (c) Restrictions on registration. (1) Television translator, low 
power TV and Class A station receive sites within the protected contour 
of the station being received are not eligible for registration in the 
database.
    (2) MVPD receive sites within the protected contour or more than 80 
kilometers from the nearest edge of the protected contour of a 
television station being received are not eligible to register that 
station's channel in the database.
    (d) Determination of available channels. The white space database 
will determine the available channels at a location using the 
interference protection requirements of Sec.  15.712, the location 
information supplied by a white space device, and the data for 
protected stations/locations in the database.
    (e) White space device initialization. (1) Fixed and Mode II white 
space devices must provide their location and required identifying 
information to the white space database in accordance with the 
provisions of this subpart.
    (2) Fixed and Mode II white space devices shall not transmit unless 
they receive, from the white space database, a list of available 
channels and may only transmit on the available channels on the list 
provided by the database.
    (3) Fixed white space devices register and receive a list of 
available channels from the database by connecting to the Internet, 
either directly or through another fixed white space device that has a 
direct connection to the Internet.
    (4) Mode II white space devices receive a list of available 
channels from the database by connecting to the Internet, either 
directly or through a fixed or Mode II white space device that has a 
direct connection to the Internet.
    (5) A fixed or Mode II white space device that provides a list of 
available channels to a Mode I device shall notify the database of the 
FCC identifier of such Mode I device and receive verification that that 
FCC identifier is valid before providing the list of available channels 
to the Mode I device.

[[Page 73082]]

    (6) A fixed device with an antenna height above ground that exceeds 
30 meters or an antenna height above average terrain (HAAT) that 
exceeds 250 meters shall not be provided a list of available channels. 
The HAAT is to be calculated using computational software employing the 
methodology in Sec.  73.684(d) of this chapter.
    (f) Unlicensed wireless microphone database access. Unlicensed 
wireless microphone users in the 600 MHz band may register with and 
access the database manually via a separate Internet connection. 
Wireless microphone users must register with and check a white space 
database to determine available channels prior to beginning operation 
at a given location. A user must re-check the database for available 
channels if it moves to another location.
    (g) Fixed white space device registration. (1) Prior to operating 
for the first time or after changing location, a fixed white space 
device must register with the white space database by providing the 
information listed in paragraph (g)(3) of this section.
    (2) The party responsible for a fixed white space device must 
ensure that the white space device registration database has the most 
current, up-to-date information for that device.
    (3) The white space device registration database shall contain the 
following information for fixed white space devices:
    (i) FCC identifier (FCC ID) of the device;
    (ii) Manufacturer's serial number of the device;
    (iii) Device's geographic coordinates (latitude and longitude (NAD 
83));
    (iv) Device's antenna height above ground level (meters);
    (v) Name of the individual or business that owns the device;
    (vi) Name of a contact person responsible for the device's 
operation;
    (vii) Address for the contact person;
    (viii) Email address for the contact person;
    (ix) Phone number for the contact person.
    (h) Mode II personal/portable device information to database. A 
personal/portable device operating in Mode II shall provide the 
database its FCC Identifier (as required by Sec.  2.926 of this 
chapter), serial number as assigned by the manufacturer, and the 
device's geographic coordinates (latitude and longitude (NAD 83)).
    (i) Unlicensed wireless microphone registration. Unlicensed 
wireless microphone users in the 600 MHz band shall register with the 
database prior to operation and include the following information:
    (1) Name of the individual or business that owns the unlicensed 
wireless microphone
    (2) Address for the contact person
    (3) Email address for the contact person
    (4) Phone number for the contact person; and
    (5) Coordinates where the device will be used (latitude and 
longitude in NAD 83).
    (j) White space database information. The white space database 
shall contain the listed information for each of the following:
    (1) Digital television stations, digital and analog Class A, low 
power, translator and booster stations, including stations in Canada 
and Mexico that are within the border coordination areas as specified 
in Sec.  73.1650 of this chapter (a white space database is to include 
only TV station information from station license or license application 
records. In cases where a station has records for both a license 
application and a license, a white space database should include the 
information from the license application rather than the license. In 
cases where there are multiple license application records or license 
records for the same station, the database is to include the most 
recent records, and again with license applications taking precedence 
over licenses.):
    (i) Transmitter coordinates (latitude and longitude in NAD 83);
    (ii) Effective radiated power (ERP);
    (iii) Height above average terrain of the transmitting antenna 
(HAAT);
    (iv) Horizontal transmit antenna pattern (if the antenna is 
directional);
    (v) Amount of electrical and mechanical beam tilt (degrees 
depression below horizontal) and orientation of mechanical beam tilt 
(degrees azimuth clockwise from true north);
    (vi) Channel number; and
    (vii) Station call sign.
    (2) Broadcast Auxiliary Service.
    (i) Transmitter coordinates (latitude and longitude in NAD 83).
    (ii) Receiver coordinates (latitude and longitude in NAD 83).
    (iii) Channel number.
    (iv) Call sign.
    (3) Metropolitan areas listed in Sec.  90.303(a) of this chapter.
    (i) Region name.
    (ii) Channel(s) reserved for use in the region.
    (iii) Geographic center of the region (latitude and longitude in 
NAD 83).
    (iv) Call sign.
    (4) PLMRS/CMRS base station operations located more than 80 km from 
the geographic centers of the 13 metropolitan areas defined in Sec.  
90.303(a) of this chapter (e.g., in accordance with a waiver).
    (i) Transmitter location (latitude and longitude in NAD 83) or 
geographic area of operations.
    (ii) TV channel of operation.
    (iii) Call sign.
    (5) Offshore Radiotelephone Service: For each of the four regions 
where the Offshore Radiotelephone Service operates.
    (i) Geographic boundaries of the region (latitude and longitude in 
NAD 83 for each point defining the boundary of the region.
    (ii) Channel(s) used by the service in that region.
    (6) MVPD receive sites: Registration for receive sites is limited 
to channels that are received over-the-air and are used as part of the 
MVPD service.
    (i) Name and address of MVPD company;
    (ii) Location of the MVPD receive site (latitude and longitude in 
NAD 83, accurate to 50 m);
    (iii) Channel number of each television channel received, subject 
to the following condition: channels for which the MVPD receive site is 
located within the protected contour of that channel's transmitting 
station are not eligible for registration in the database;
    (iv) Call sign of each television channel received and eligible for 
registration;
    (v) Location (latitude and longitude) of the transmitter of each 
television channel received;
    (7) Television translator, low power TV and Class A TV station 
receive sites: Registration for television translator, low power TV and 
Class A receive sites is limited to channels that are received over-
the-air and are used as part of the station's service.
    (i) Call sign of the TV translator station;
    (ii) Location of the TV translator receive site (latitude and 
longitude in NAD 83, accurate to /- 50 m);
    (iii) Channel number of the re-transmitted television station, 
subject to the following condition: a channel for which the television 
translator receive site is located within the protected contour of that 
channel's transmitting station is not eligible for registration in the 
database;
    (iv) Call sign of the retransmitted television station; and
    (v) Location (latitude and longitude) of the transmitter of the 
retransmitted television station.
    (8) Licensed low power auxiliary stations, including wireless 
microphones and wireless assist video

[[Page 73083]]

devices: Use of licensed low power auxiliary stations at well-defined 
times and locations may be registered in the database. Multiple 
registrations that specify more than one point in the facility may be 
entered for very large sites. Registrations will be valid for no more 
than one year, after which they may be renewed. Registrations must 
include the following information:
    (i) Name of the individual or business responsible for the low 
power auxiliary device(s);
    (ii) An address for the contact person;
    (iii) An email address for the contact person (optional);
    (iv) A phone number for the contact person;
    (v) Coordinates where the device(s) are used (latitude and 
longitude in NAD 83, accurate to 50 m);
    (vi) Channels used by the low power auxiliary devices operated at 
the site;
    (vii) Specific months, weeks, days of the week and times when the 
device(s) are used (on dates when microphones are not used the site 
will not be protected); and
    (viii) The stations call sign.
    (9) Unlicensed wireless microphones at venues of events and 
productions/shows that use large numbers of wireless microphones that 
cannot be accommodated in the two reserved channels and other channels 
that are not available for use by white space devices at that location. 
Prior to June 23, 2017, but no later than release of the Channel 
Reassignment Public Notice upon completion of the broadcast television 
spectrum incentive auction, as defined in Sec.  73.3700(a) of this 
chapter, sites of large events and productions/shows with significant 
unlicensed wireless microphone use at well-defined times and locations 
may be registered in the database. Entities responsible for eligible 
event venues registering their site with a TV bands data base are 
required to first make use of the two reserved channels and other 
channels that are not available for use by white space devices at that 
location. As a benchmark, at least 6-8 wireless microphones should be 
operating in each channel used at such venues (both licensed and 
unlicensed wireless microphones used at the event may be counted to 
comply with this benchmark). Multiple registrations that specify more 
than one point in the facility may be entered for very large sites. 
Sites of eligible event venues using unlicensed wireless microphones 
must be registered with the Commission at least 30 days in advance and 
the Commission will provide this information to the data base managers. 
Parties responsible for eligible event venues filing registration 
requests must certify that they are making use of all TV channels not 
available to white space devices and on which wireless microphones can 
practicably be used, including channels 7-51 (except channel 37). The 
Commission will make requests for registration of sites that use 
unlicensed wireless microphones public and will provide an opportunity 
for public comment or objections. Registrations will be valid for one 
year, after which they may be renewed. The Commission will take actions 
against parties that file inaccurate or incomplete information, such as 
denial of registration in the database, removal of information from the 
database pursuant to paragraph (i) of this section, or other sanctions 
as appropriate to ensure compliance with the rules. Registrations must 
include the following information:
    (i) Name of the individual or business that owns the unlicensed 
wireless microphones;
    (ii) An address for the contact person;
    (iii) An email address for the contact person (optional);
    (iv) A phone number for the contact person;
    (v) Coordinates where the device(s) are used (latitude and 
longitude in NAD 83, accurate to 50 m);
    (vi) Channels used by the wireless microphones operated at the site 
and the number of wireless microphones used in each channel. As a 
benchmark, least 6-8 wireless microphones must be used in each channel. 
Registration requests that do not meet this criteria will not be 
registered in the TV bands data bases;
    (vii) Specific months, weeks, days of the week and times when the 
device(s) are used (on dates when microphones are not used the site 
will not be protected); and
    (viii) The name of the venue.
    (10) 600 MHz service in areas where the part 27 600 MHz band 
licensee has commenced operations:
    (i) Name of 600 MHz band licensee;
    (ii) Name and address of the contact person;
    (iii) An email address for the contact person (optional);
    (iv) A phone number for the contact person;
    (v) Area within a part 27 600 MHz band licensee's Partial Economic 
Areas (PEA), as defined in Sec.  27.6 of this chapter, where it has 
commenced operation. This area must be delineated by at minimum of 
eight and a maximum of 120 geographic coordinates (latitude and 
longitude in NAD 83, accurate to 50 m);
    (vi) Date of commencement of operations;
    (vii) Identification of the frequencies on which the part 27 600 
MHz band licensee has commenced operations;
    (viii) Call sign.
    (11) Location of health care facilities operating WMTS networks on 
channel 37 (608-614 MHz):
    (i) Name and address of the health care facility;
    (ii) Name and address of a contact person;
    (iii) Phone number of a contact person;
    (iv) Email address of a contact person;
    (v) Latitude and longitude coordinates referenced to North American 
Datum 1983 (NAD 83) that define the perimeter of each facility. If 
several health care facilities using 608-614 MHz wireless medical 
telemetry equipment are located in close proximity, it is permissible 
to register a perimeter to protect all facilities in that cluster.
    (k) Commission requests for data. (1) A white space database 
administrator must provide to the Commission, upon request, any 
information contained in the database.
    (2) A white space database administrator must remove information 
from the database, upon direction, in writing, by the Commission.
    (l) Security. The white space database shall employ protocols and 
procedures to ensure that all communications and interactions between 
the white space database and white space devices are accurate and 
secure and that unauthorized parties cannot access or alter the 
database or the list of available channels sent to a white space 
device.
    (1) Communications between white space devices and white space 
databases, and between different white space databases, shall be secure 
to prevent corruption or unauthorized interception of data. A white 
space database shall be protected from unauthorized data input or 
alteration of stored data.
    (2) A white space database shall verify that the FCC identification 
number supplied by a fixed or personal/portable white space device is 
for a certified device and may not provide service to an uncertified 
device.
    (3) A white space database must not provide lists of available 
channels to uncertified white space devices for purposes of operation 
(it is acceptable for a white space database to distribute lists of 
available channels by means other than contact with white space devices 
to provide list of channels for operation). To implement this 
provision, a white space database administrator shall obtain a list of 
certified white space devices from the FCC Equipment Authorization 
System.

[[Page 73084]]

Sec.  15.714  White space database administration fees.

    (a) A white space database administrator may charge a fee for 
provision of lists of available channels to fixed and personal/portable 
devices and for registering fixed devices. This provision applies to 
devices that operate in the TV bands, 600 MHz service band, and the 600 
MHz guard bands and duplex gap.
    (b) A white space database administrator may charge a fee for 
provision of lists of available channels to wireless microphone users.
    (c) The Commission, upon request, will review the fees and can 
require changes in those fees if they are found to be excessive.


Sec.  15.715  White space database administrator.

    The Commission will designate one or more entities to administer 
the white space database(s). The Commission may, at its discretion, 
permit the functions of a white space database, such as a data 
repository, registration, and query services, to be divided among 
multiple entities; however, it will designate specific entities to be a 
database administrator responsible for coordination of the overall 
functioning of a database and providing services to white space 
devices. Each database administrator designated by the Commission 
shall:
    (a) Maintain a database that contains the information described in 
Sec.  15.713.
    (b) Establish a process for acquiring and storing in the database 
necessary and appropriate information from the Commission's databases 
and synchronizing the database with the current Commission databases at 
least once a week to include newly licensed facilities or any changes 
to licensed facilities.
    (c) Establish a process for registering fixed white space devices 
and registering and including in the database facilities entitled to 
protection but not contained in a Commission database, including MVPD 
receive sites.
    (d) Establish a process for registering facilities where part 74 
low power auxiliary stations are used on a regular basis.
    (e) Provide accurate lists of available channels and the 
corresponding maximum permitted power for each available channel to 
fixed and personal/portable white space devices that submit to it the 
information required under Sec.  15.713(e), (g), and (h) based on their 
geographic location and provide accurate lists of available channels 
and the corresponding maximum permitted power for each available 
channel to fixed and Mode II devices requesting lists of available 
channels for Mode I devices. Database administrators may allow 
prospective operators of white space devices to query the database and 
determine whether there are vacant channels at a particular location.
    (f) Establish protocols and procedures to ensure that all 
communications and interactions between the white space database and 
white space devices are accurate and secure and that unauthorized 
parties cannot access or alter the database or the list of available 
channels sent to a white space device consistent with the provisions of 
Sec.  15.713(l).
    (g) Make its services available to all unlicensed white space 
device users on a non-discriminatory basis.
    (h) Provide service for a five-year term. This term can be renewed 
at the Commission's discretion.
    (i) Respond in a timely manner to verify, correct and/or remove, as 
appropriate, data in the event that the Commission or a party brings 
claim of inaccuracies in the database to its attention. This 
requirement applies only to information that the Commission requires to 
be stored in the database.
    (j) Transfer its database along with the IP addresses and URLs used 
to access the database and list of registered fixed white space 
devices, to another designated entity in the event it does not continue 
as the database administrator at the end of its term. It may charge a 
reasonable price for such conveyance.
    (k) The database must have functionality such that upon request 
from the Commission it can indicate that no channels are available when 
queried by a specific white space device or model of white space 
devices.
    (l) If more than one database is developed, the database 
administrators shall cooperate to develop a standardized process for 
providing on a daily basis or more often, as appropriate, the data 
collected for the facilities listed in Sec.  15.713(b)(2) to all other 
white space databases to ensure consistency in the records of protected 
facilities.
    (m) Provide a means to make publicly available all information the 
rules require the database to contain, including fixed white space 
device registrations and voluntarily submitted protected entity 
information, except the information provided by 600 MHz band licensees 
pursuant to Sec.  15.713(j)(10)(v) and (vi) of this part shall not be 
made publicly available.
    (n) Establish procedures to allow part 27 600 MHz service licensees 
to upload the registration information listed in Sec.  15.713(j)(10) 
for areas where they have commenced operations and to allow the removal 
and replacement of registration information in the database when 
corrections or updates are necessary.
    (o) Remove from the database the registrations of fixed white space 
devices that have not checked the database for at least three months to 
update their channel lists. A database administrator may charge a new 
registration fee for a fixed white space device that is removed from 
the database under this provision but is later re-registered.
    (p) Establish procedures to allow health care facilities to 
register the locations of facilities where they operate WMTS networks 
on channel 37.
    (q) Establish procedures to allow unlicensed wireless microphone 
users in the 600 MHz band to register with the database and to provide 
lists of channels available for wireless microphones at a given 
location.


Sec.  15.717  White space devices that rely on spectrum sensing.

    (a) Applications for certification. Parties may submit applications 
for certification of white space devices that rely solely on spectrum 
sensing to identify available channels. Devices authorized under this 
section must demonstrate with an extremely high degree of confidence 
that they will not cause harmful interference to incumbent radio 
services.
    (1) In addition to the procedures in subpart J of part 2 of this 
chapter, applicants shall comply with the following.
    (i) The application must include a full explanation of how the 
device will protect incumbent authorized services against interference.
    (ii) Applicants must submit a pre-production device, identical to 
the device expected to be marketed.
    (2) The Commission will follow the procedures below for processing 
applications pursuant to this section.
    (i) Applications will be placed on public notice for a minimum of 
30 days for comments and 15 days for reply comments. Applicants may 
request that portions of their application remain confidential in 
accordance with Sec.  0.459 of this chapter. This public notice will 
include proposed test procedures and methodologies.
    (ii) The Commission will conduct laboratory and field tests of the 
pre-production device. This testing will be conducted to evaluate proof 
of performance of the device, including characterization of its sensing 
capability and its interference potential. The testing will be open to 
the public.

[[Page 73085]]

    (iii) Subsequent to the completion of testing, the Commission will 
issue by public notice, a test report including recommendations. The 
public notice will specify a minimum of 30 days for comments and, if 
any objections are received, an additional 15 days for reply comments.
    (b) Power limit for devices that rely on sensing. The white space 
device shall meet the requirements for personal/portable devices in 
this subpart except that it will be limited to a maximum EIRP of 50 mW 
per 6 megahertz of bandwidth on which the device operates and it does 
not have to comply with the requirements for geo-location and database 
access in Sec.  15.711(b), (d), and (e). Compliance with the detection 
threshold for spectrum sensing in Sec.  15.717(c), although required, 
is not necessarily sufficient for demonstrating reliable interference 
avoidance. Once a device is certified, additional devices that are 
identical in electrical characteristics and antenna systems may be 
certified under the procedures of part 2, Subpart J of this chapter.
    (c) Sensing requirements--(1) Detection threshold. (i) The required 
detection thresholds are:
    (A) ATSC digital TV signals: -114 dBm, averaged over a 6 MHz 
bandwidth;
    (B) NTSC analog TV signals: -114 dBm, averaged over a 100 kHz 
bandwidth;
    (C) Low power auxiliary, including wireless microphone, signals: -
107 dBm, averaged over a 200 kHz bandwidth.
    (ii) The detection thresholds are referenced to an omnidirectional 
receive antenna with a gain of 0 dBi. If a receive antenna with a 
minimum directional gain of less than 0 dBi is used, the detection 
threshold shall be reduced by the amount in dB that the minimum 
directional gain of the antenna is less than 0 dBi. Minimum directional 
gain shall be defined as the antenna gain in the direction and at the 
frequency that exhibits the least gain. Alternative approaches for the 
sensing antenna are permitted, e.g., electronically rotatable antennas, 
provided the applicant for equipment authorization can demonstrate that 
its sensing antenna provides at least the same performance as an 
omnidirectional antenna with 0 dBi gain.
    (2) Channel availability check time. A white space device may start 
operating on a TV channel if no TV, wireless microphone or other low 
power auxiliary device signals above the detection threshold are 
detected within a minimum time interval of 30 seconds.
    (3) In-service monitoring. A white space device must perform in-
service monitoring of an operating channel at least once every 60 
seconds. There is no minimum channel availability check time for in-
service monitoring.
    (4) Channel move time. After a TV, wireless microphone or other low 
power auxiliary device signal is detected on a white space device 
operating channel, all transmissions by the white space device must 
cease within two seconds.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
9. The authority citation for part 27 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.


0
10. Add Sec.  27.1320 to read as follows:


Sec.  27.1320  Notification to white space database administrators.

    To receive interference protection, 600 MHz licensees shall notify 
one of the white space database administrators of the areas where they 
have commenced operation pursuant to Sec. Sec.  15.713(j)(10) and 
15.715(n) of this chapter.

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

0
11. 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
12. Section 74.802 is amended by adding paragraph (a)(2) and by 
revising paragraphs (c) introductory text and (f) to read as follows:


Sec.  74.802  Frequency assignment.

    (a)(1) * * *
    (2) The four megahertz segment from one to five megahertz above the 
lower edge of the 600 MHz duplex gap may be assigned for use by low 
power auxiliary stations.

    Note to paragraph (a)(2): The specific frequencies for the 600 
MHz duplex gap will be determined in light of further proceedings 
pursuant to GN Docket No. 12-268 and the rule will be updated 
accordingly pursuant to a future public notice.

* * * * *
    (c) Specific frequency operation is required when operating within 
the 600 MHz duplex gap or the bands allocated for TV broadcasting.
* * * * *

    Note to paragraph (c): The specific frequencies for the 600 MHz 
duplex gap will be determined in light of further proceedings 
pursuant to GN Docket No. 12-268 and the rule will be updated 
accordingly pursuant to a future public notice.

* * * * *
    (f) Operations in 600 MHz band assigned to wireless licensees under 
part 27 of this chapter. A low power auxiliary station that operates on 
frequencies in the 600 MHz band assigned to wireless licensees under 
part 27 of this chapter must cease operations on those frequencies no 
later than the end of the post-auction transition period as defined in 
Sec.  27.4 of this chapter. During the post-auction transition period, 
low power auxiliary stations will operate on a secondary basis to 
licensees of part 27 of this chapter, i.e., they must not cause to and 
must accept harmful interference from these licensees, and must comply 
with the distance separations in Sec.  15.236(e)(2) of this chapter 
outside the areas where a licensee has commenced operations as 
specified pursuant to Sec.  15.713(j)(10).


0
13. Section 74.861 is amended by revising paragraphs (a), (e) 
introductory text, (e)(1) introductory text, and (e)(1)(iii) to read as 
follows:


Sec.  74.861  Technical requirements.

    (a) Except as specified in paragraph (e) of this section, 
transmitter power is the power at the transmitter output terminals and 
delivered to the antenna, antenna transmission line, or any other 
impedance-matched, radio frequency load. For the purpose of this 
subpart, the transmitter power is the carrier power.
* * * * *
    (e) For low power auxiliary stations operating in the 600 MHz 
duplex gap and the bands allocated for TV broadcasting, the following 
technical requirements apply:
    (1) The power may not exceed the following values.
* * * * *
    (iii) 600 MHz duplex gap: 20 mW EIRP
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
14. The authority citation for part 95 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302(a), 303, and 307(e).


0
15. Section 95.1111 is amended by adding paragraph (d) to read as 
follows:

[[Page 73086]]

Sec.  95.1111  Frequency coordination.

* * * * *
    (d) To receive interference protection, parties operating WMTS 
networks on channel 37 shall notify one of the white space database 
administrators of their operating location pursuant to Sec. Sec.  
15.713(j)(11) and 15.715(p) of this chapter.

[FR Doc. 2015-29496 Filed 11-20-15; 8:45 am]
 BILLING CODE 6712-01-P