[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Proposed Rules]
[Pages 15210-15216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05764]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 16-56; FCC 16-23]


Unlicensed White Space Devices

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes to amend its rules to improve the quality of the 
geographic location and other data submitted for fixed white space 
devices

[[Page 15211]]

operating on unused frequencies in the TV Bands and, in the future, the 
600 MHz Band for wireless services. The proposed rules would eliminate 
the professional installer option for fixed white space devices and 
require that each fixed white space device incorporate a geo-location 
capability to determine its location, and would provide options to 
accommodate fixed white space device installations in locations where 
an internal geo-location capability is not able to provide this 
information. These proposals will improve the accuracy and reliability 
of the fixed white space device data recorded in the white space 
databases and assure that the potential to cause interference to 
protected services is minimized.

DATES: Comments must be filed on or before May 6, 2016, and reply 
comments must be filed on or before June 6, 2016.

ADDRESSES: You may submit comments, identified by ET Docket No. 16-56, 
by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

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 Notice 
of Proposed Rulemaking and Order (NPRM and Order), ET Docket No. 16-56, 
FCC 16-23, adopted February 25, 2016 and released February 26, 2016. 
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.

Synopsis of Notice of Proposed Rulemaking

    1. In this NPRM, the Commission proposes and seek comment on 
revisions to the geo-location and registration requirements for fixed 
white space devices. It proposes to adopt many of the recommendations 
outlined in the plan submitted by the National Association of 
Broadcasters and certain white space device manufacturers (``NAB and 
Manufacturers' Plan'') and believes that this approach will improve the 
integrity of the white space database system and better ensure 
efficient and beneficial use of white spaces while protecting licensees 
and other authorized users.
    2. Location Data. The Commission proposes to modify section 
15.711(c) to eliminate the option for professional installation of 
fixed white space devices, thereby eliminating the possibility that 
manual data entry could cause incorrect location data to be stored in 
the white space device or provided to a database. The Commission 
proposes to instead require that fixed white space devices include a 
geo-location capability that can automatically determine its geographic 
coordinates without manual intervention. It also proposes that the 
geographic coordinates shall be stored automatically in the fixed white 
space device and transmitted electronically directly from the device to 
the database, rather than entered manually in the database, thereby 
further reducing the possibility of introducing data errors.
    3. The Commission proposes that when a fixed white space device is 
moved to another location or its coordinates become altered, its 
geographic coordinates and antenna height above ground must be re-
established and the device re-registered with a database. With regard 
to the geographic coordinates, it proposes that they be re-established 
using an incorporated geo-location capability. The Commission seeks 
comment on these proposals and on whether a re-registration requirement 
should apply to any change in location or only those changes where the 
coordinates differ by more than the accuracy requirement (50 meters) from the last registered location. With respect to the 
antenna height above ground, the Commission seeks comment on whether it 
should require that this height be determined automatically using the 
fixed device's incorporated geo-location capability, such as GPS. 
Because the vertical height accuracy of GPS is typically less than the 
horizontal location accuracy, the Commission seeks comment on whether 
it should allow users, including professional installers and operators, 
to override an automatically determined height if it proves to be 
inaccurate, or whether it should simply allow users to manually enter 
the antenna height above ground in all cases.
    4. The Commission proposes to modify the current rule that requires 
a fixed white space device to contact the database at least once a day 
to verify that its operating channels continue to be available for its 
use. It proposes to require a fixed white space device to check its 
coordinates once each day, except when not in operation, and to report 
its geographic location to the database when its makes its daily 
request for a list of available channels. The Commission seeks comment 
on implementing this proposal. Should the geographic coordinates 
reported each day be treated by the white space database as a 
modification of the registration record? Should the registration record 
be updated only if the difference in location exceeds 50 meters? What 
would be the impact on device manufacturers and database 
administrators?
    5. The Commission recognizes that there will be many important 
applications for fixed white space devices in which the device needs to 
be installed where an incorporated geo-location capability will not 
function (e.g., indoors). Thus, the Commission proposes to permit fixed 
white space devices to obtain their geographic coordinates from an 
external source that is connected to the fixed white space device when 
the internal geo-location capability does not function. It also 
proposes that, in cases where the geo-location capability is provided 
by an external source connected to the fixed white space device, the 
fixed device and external geo-location source would be required to 
communicate using a secure method that ensures that the fixed device 
obtains information only from a source that has been approved for that 
function by the Commission's equipment certification program. If the 
fixed white space device is unable to verify that the external source 
from which it is receiving geo-location data is an approved source, the 
fixed device would not be allowed to use that received data when 
reporting its location to the database. The Commission seeks comment on 
whether each fixed white space device should be associated with 
specific external geo-location sources or whether manufacturers should 
have the flexibility to design fixed white space devices to operate 
with a variety of geo-location sources as long as such sources are 
approved for use with the fixed white space device.
    6. The NAB and Manufacturers' Plan makes specific suggestions for 
how fixed devices should rely on an external geo-location source for 
determining the geographic coordinates of a fixed white

[[Page 15212]]

space device. It suggests that the external geo-location source would 
be required to be connected at all times to the fixed white space 
device, and that the fixed white space device would be required to 
cease transmitting if the connection to the external geo-location 
source is disconnected or ceased to function properly. NAB and the 
Manufacturers suggest that the connection between the fixed white space 
device and the external geo-location source could be by Ethernet, USB, 
serial port or other connection, and a fixed device would be required 
to be located within 100 meters of the geo-location source. The parties 
also suggest that a separate geo-location source may be connected to 
more than one fixed device at the same general location as long as the 
white space devices it serves are all located no more than 100 meters 
from the geo-location source. The Commission requests comment on these 
specific suggestions. Do the methods suggested by the NAB and 
Manufacturers' Plan provide sufficient flexibility in the design of 
fixed devices without compromising our goal of ensuring that a device 
operates at the location reported to its databases. The Commission 
seeks comment on whether it is necessary for a fixed white space device 
to be connected to its external geo-location source by a cable, or 
whether we could permit the connection to the geo-location source via 
wireless. Because allowing wireless connections may create a path for 
entering erroneous location data, commenters are asked to address 
whether safeguards tailored to the wireless environment are needed to 
ensure location data is within the required accuracy guidelines, and, 
if so, what they should be. The Commission also seeks comment on the 
appropriate method of obtaining the antenna height above ground for 
indoor fixed devices (automatic determination or manual entry) that is 
reported to the white space database.
    7. As an alternative to using any type of external geo-location 
source, the Commission seeks comment on whether a fixed white space 
device could be connected by a long cable to a separate antenna and 
continue to rely on its internal geo-location capability. What 
requirements would be necessary to ensure that the coordinates and 
location uncertainty reported to the white space database are accurate? 
Would the suggestions in the NAB and Manufacturers' plan be appropriate 
for this situation?
    8. The NAB and Manufacturers' Plan also suggests another approach 
for low power (40 mW EIRP) fixed white space devices with an internal 
geo-location capability that operate indoors where their geo-location 
capability does not function. Under this provision, the rules would 
allow a fixed white space device operating with 40 mW or less EIRP to 
establish its location using its incorporated geo-location capability 
at a point immediately outside the indoor or other enclosure where the 
device's geo-location capability does not function, and then to 
register with its database after the device is installed at its fixed 
location using the location established at the outdoor point. In such 
applications, the device would store internally the coordinates of an 
outdoor position as close as possible to the location where it will be 
installed and also record the time that it obtained those coordinates. 
The device would then be installed at its fixed location and register 
with its database within 30 minutes using the coordinates of the 
outdoor location. If the device does not complete its registration 
within the 30 minute period, it would need to start over, re-establish 
its coordinates at a location where its geo-location capability 
functions, and initiate a new 30 minute time period. The Commission 
seeks comment on these suggestions and asks whether this is a workable 
approach that would provide additional flexibility in the methods for 
determining geo-location for fixed devices located indoors without 
increasing the potential for inaccurate locations to be recorded in the 
databases and/or increase the potential for interference.
    9. The Commission seeks comment on alternative parameters and 
approaches. Is 40 mW the appropriate power level at which to define a 
low power fixed white space device or would 100 mW be more appropriate? 
Is 30 minutes sufficient time for the installer to re-locate the device 
to a nearby operating location, activate the device, register the 
device with a database, and complete any other steps necessary for the 
installation? Is 30 minutes the appropriate amount of time to balance 
the need for properly completing the installation and registration of a 
device while limiting the opportunity for relocating the device to a 
faraway place where it could cause interference?
    10. The Commission also seeks comment on where the responsibility 
would lie in verifying that the fixed white space device registration 
occurs within the allowable 30 minute time period. Should the 
capability reside in the fixed white space device whereby after 30 
minutes the data would automatically be erased if the device is not 
successfully registered with a database, or should an associated time 
stamp for the geo-location data be transmitted to the database which 
would not permit the registration to proceed if outside the 30 minute 
window? Should the Commission allow other methods of transferring 
location data to fixed white space devices--for example, could an 
outdoor location sensor, such as a GPS receiver, write an encrypted 
file to an SD Card or USB memory stick that could then be plugged into 
a fixed white space device? How would such a connection ensure that a 
fixed device would be located no more than 100 meters from its geo-
location source? Under such a scheme, what methods could be used to 
ensure registration within 30 minutes of determining the fixed white 
space device's location?
    11. Low power fixed white space devices operating indoors where 
their incorporated geo-location capability does not function would not 
be able to re-check their coordinates daily and transmit them to the 
database when verifying their available channel list, unless each day 
the device was uninstalled and moved to the outdoor location to repeat 
the entire initial location-determining procedure. The Commission seeks 
comment on whether in such situations, it should allow these devices to 
use the coordinates previously obtained at an outdoor position and 
stored in the device until such time as the device is moved or 
disconnected from its power supply, at which point the device would 
again re-establish its coordinates using its incorporated geo-location 
capability. If using previously obtained coordinates in this manner 
would not serve the public interest, does the impracticality of 
obtaining updated coordinates on a daily basis warrant a rejection of 
this proposal? Are there other methods for updating the location 
information of these devices, short of using a wired external geo-
location source, which could be employed successfully?
    12. Because the Commission adopted rules in the Part 15 White Space 
Report and Order in ET Docket No. 14-165 that provide flexibility to 
manufacturers and operators of white space devices that use less 
accurate geo-location methods, it tentatively concludes that it is not 
necessary to modify the default location accuracy requirement from 
50 meters to 100 meters as requested in the NAB 
and Manufacturers Plan. Should parties disagree, the Commission seeks 
comment on what changes we should make and how they should be 
implemented.
    13. NAB and the Manufacturers request an increase in protection

[[Page 15213]]

distances that is greater than their requested increase in geo-location 
uncertainty. If the Commission were to specify a less accurate geo-
location requirement, it seeks comment on how much the protection 
distances to TV contours should change, and on whether and by what 
amount distances from any other protected service may need to be 
increased. It also seeks comment on whether rule changes would be 
needed to account for indoor operations. How could it ensure that the 
reported geo-location uncertainty of an indoor device is accurate? For 
example, should a device that obtains its location from a separate geo-
location source automatically add a certain amount, such as 100 meters, 
to its geo-location uncertainty when providing its location to the 
database? How would such a requirement apply for a device that is moved 
outdoors to obtain its coordinates and then moved back to an indoor 
location?
    14. The Commission proposes that effective six months after the 
effective date of the new rules, new applications for certification of 
fixed white space devices must comply with any rules it adopts in this 
proceeding requiring incorporated geo-location capability. Further, it 
proposes that within one year after the effective date of any new 
rules, manufacturers would no longer be able to manufacture and import 
fixed white space devices that do not comply with the new requirements. 
In order to allow manufacturers to deplete any inventory of devices 
that do not comply with the new requirements, the Commission proposes 
to permit the marketing of these devices for up to eighteen months 
after the effective date of the new rules, but seeks comment on whether 
it should specify only certification and marketing cutoff dates (e.g., 
six months for certification and 12 or 18 months for marketing), and 
allow manufacturers to decide their manufacturing and importation 
cutoff dates. The Commission proposes to permit users of fixed white 
space devices that do not comply with new rules to continue to operate 
their devices indefinitely. Because the majority of fixed white space 
devices in operation today do not include a geo-location capability and 
would not be able to easily recheck their coordinates every day and 
transmit them to the database, the Commission seeks comment on whether 
allowing their continued operation would pose any concerns about the 
integrity of the data in the database.
    15. The Commission proposes to treat equipment changes that simply 
add an incorporated geo-location capability to an existing certificated 
device as a permissive change under its equipment authorization rules. 
It seeks comment on the proposed timeframes for implementing any new 
requirements for incorporating a geo-location capability into all fixed 
white space devices and whether they are appropriate to provide for a 
smooth transition to new devices.
    16. Finally, the Commission invites comment on the expected costs 
and benefits of the proposed rule changes in this section and whether 
the benefits will outweigh the costs. Parties who make specific 
suggestions for implementing the proposals also should address the 
costs and benefits associated with their suggestions.
    17. Device Identification, Contact Information and Other Data 
Issues. The current rules assign responsibility for the accuracy of the 
registration information either to the party who provides the 
information to the database or to the party who is responsible for the 
white space device. Because the rules are not clear as to which party 
is responsible for the white space device, and thus for entering and 
maintaining the registration information, the Commission seeks comment 
on whether the responsible party should be the owner, the contact 
person, or some other party.
    18. The Commission proposes to require the white space database 
that originates a registration request for a fixed device to confirm 
the email address and telephone number entered for the contact person. 
It also proposes that the database not provide service to the device 
nor share the registration information with other approved white space 
databases until it receives a confirming response from the party 
responsible for the device registration. The Commission further 
proposes that the white space database confirm the contact person's 
information if any of the identifying information is modified. Under 
these proposals, a white space database administrator would be allowed 
to implement the confirmation requirement using a method of its 
choosing as long as that method obtains a confirming response that (1) 
the party addressed in the message is responsible for the operation of 
the subject fixed device, and (2) the email address and telephone 
number for that party are correct and appropriate to reach that party 
in a timely manner.
    19. Finally, the Commission invites comment on the expected costs 
and benefits of the proposed rule changes in this section and whether 
the benefits will outweigh the costs. Parties who make specific 
suggestions for implementing the proposals also should address the 
costs and benefits associated with their suggestions.
    20. Other Issues. The Commission does not propose to amend its 
rules to incorporate new accountability and/or enforcement measures to 
ensure the integrity of the registration information for fixed devices 
as requested by NAB. The current rules already place responsibility for 
the accuracy of the data entered for fixed device registrations on the 
party responsible for the device and hold database administrators 
responsible for verifying, correcting and removing inaccurate data. 
These existing rules and the proposals set forth in this Notice, along 
with the ongoing oversight of Commission staff, are sufficient and 
appropriate for addressing these issues.

Procedural Matters

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

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, 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 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    22. The NPRM proposes to amend Part 15 of the Commission' rules to 
improve the quality of the geographic location and other data submitted 
for fixed white space devices operating on unused frequencies in the TV 
Bands and, in the future, the new 600 MHz Band for wireless services. 
The proposals are designed to improve the integrity of the white space 
database system and, as white space device deployments grow, to 
increase the confidence of all spectrum users of these frequency bands 
that the white space geolocation/database spectrum

[[Page 15214]]

management scheme fully protects licensees and other authorized users.
    23. The NPRM responds to a petition submitted by the National 
Association of Broadcasters (NAB) alleging that there are data errors 
in the registration records for fixed devices in the white space 
databases, and requesting that the Commission undertake rulemaking and 
other actions to correct and avoid such errors.

B. Legal Basis

    24. The proposed action is taken pursuant to sections 1, 4(i), 
7(a), 302(a), 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 157(a), 302(a), 303(f), and 303(r).

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

    25. 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.
---------------------------------------------------------------------------

    26. 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.
---------------------------------------------------------------------------

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

    27. White space devices are unlicensed devices that operate in the 
TV bands, and in the future, the 600 MHz band, at locations where 
frequencies are not in use by licensed services. The rules provide for 
three types of white space devices: Fixed, and Mode I and Mode II 
personal/portable devices. To prevent harmful interference to protected 
services, the rules generally require that white space devices provide 
their geographic coordinates to a white space database and operate only 
on location specific channels provided by that database. The location 
for fixed white space devices may be determined either through an 
internal geo-location capability or by a professional installer.\10\ 
Additionally, a fixed white space device must register with a database 
and, in addition to its location, must also provide the device's 
identifying information (FCC identification number and manufacturer 
serial number), antenna height, the name of its owner, and contact 
information for the party responsible for its operation.
---------------------------------------------------------------------------

    \10\ Mode I and Mode II personal/portable devices have differing 
requirements which are not described herein because the NPRM 
addresses only fixed white space devices.
---------------------------------------------------------------------------

    28. Most RF transmitting equipment, including white space devices, 
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 NPRM does 
not propose to change the authorization procedure for white space 
devices, but it does propose to establish new technical requirements or 
modify existing technical requirements for white space devices. 
Specifically, the NPRM proposes the following changes to the fixed 
white space device compliance requirements:
    29. Fixed white space device geo-location requirements. The 
proposed rules would eliminate the professional installer option for 
fixed white space devices. Instead, a fixed white space device would be 
required to include a geo-location capability that can determine its 
geographic coordinates without manual intervention. The proposed rules 
would also require that the geographic coordinates be stored 
automatically in the fixed white space device and transmitted 
electronically directly from the device to the databases. In addition, 
a fixed white space device would be required to check its coordinates 
once each day using its geo-location capability and to report its 
geographic location to the database daily when it makes a request for a 
list of available channels.
    30. The NPRM also proposes options to accommodate fixed white space 
device installations in locations where an internal geo-location 
capability is not able to provide this information. It proposes to 
permit fixed white space devices to obtain their geographic coordinates 
from an external source that is connected to the fixed white space 
device when the internal geo-location capability does not function. It 
also proposes that in cases where the geo-location capability is 
provided by an external source connected to the fixed white space 
device, the fixed device and external geo-location source would be 
required to communicate using a secure method that ensures that the 
fixed device obtains information only from a source that has been 
approved for that function by the Commission's equipment certification 
program.
    31. Transition requirements for fixed white space device rule 
changes. The NPRM proposes that, effective six months after the 
effective date of the new rules, new applications for certification of 
fixed white space devices must comply with any rules the Commission 
adopts in this proceeding requiring incorporated geo-location 
capability. The NPRM also proposes that, within one year after the 
effective date of any new rules, manufacturers would no longer be able 
to manufacture and import fixed white space devices that do not comply 
with the new

[[Page 15215]]

requirements. In order to allow manufacturers to deplete any inventory 
of devices that do not comply with the new requirements, the NPRM 
proposes to permit the marketing of these devices for up to eighteen 
months after the effective date of the new rules. In addition, the NPRM 
proposes to permit fixed white space devices that do not comply with 
new rules to continue to operate indefinitely. Further, it proposes 
that the Commission would treat equipment changes that simply add an 
incorporated geo-location capability to an existing certificated device 
as a permissive change.
    32. Fixed white space device registration requirements. The NPRM 
proposes to require the white space database that receives the initial 
registration request for a fixed device to confirm the email address 
and telephone number entered for the contact person. It also proposes 
that the database not provide service to the device nor share the 
registration information with other approved white space databases 
until it receives a confirming response from the party responsible for 
the device registration. The NPRM further, proposes that the white 
space database confirm the contact person's information if any of the 
identifying information is modified (e.g., updating the email address 
or phone number). A white space database administrator would be allowed 
to implement the confirmation requirement using a method of its 
choosing as long as that method obtains a confirming response that (1) 
the party addressed in the message is responsible for the operation of 
the subject fixed device, and (2) the email address and telephone 
number for that party are correct and appropriate to reach that party 
in a timely manner.

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

    33. 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.'' \11\
---------------------------------------------------------------------------

    \11\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    34. The proposed requirement for all fixed white space devices to 
incorporate a geo-location capability would require changes to 
previously approved devices, because most approved fixed devices rely 
on the use of a professional installer and do not have a geo-location 
capability. As discussed above, the NPRM proposes transition and 
grandfathering provisions to minimize the impact on fixed white space 
device manufacturers and users. It proposes that manufacturers could 
continue to apply for certification of devices under the current rules 
for up to six months after the effective date of any new rules, and 
that changes that simply add an incorporated geo-location capability to 
an existing certificated device would be processed under the 
streamlined ``permissive change'' rules.\12\ The NPRM also proposes 
that parties could continue to manufacture and import devices that 
comply with the current rules for up to one year after the effective 
date of any new rules. In order to allow manufacturers to deplete any 
inventory of devices that do not comply with new requirements, the NPRM 
proposes to permit the marketing of these devices for up to eighteen 
months after the effective date of any new rules. Additionally, the 
NPRM proposes to permit fixed white space devices that do not comply 
with any new rules adopted in this proceeding to continue to operate 
indefinitely.
---------------------------------------------------------------------------

    \12\ 47 CFR 2.1043.
---------------------------------------------------------------------------

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    35. None.
    36. Paperwork Reduction Act Analysis. This document contains 
proposed new information collection requirements. The Commission, as 
part of its continuing effort to reduce paperwork burdens, invites the 
general public and the Office of Management and Budget (OMB) to comment 
on the information collection requirements contained in this document, 
as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
In addition, pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific 
comment on how we might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.

Ordering Clauses

    37. Pursuant to sections 1, 4(i), 7(a), 302(a), 303(f), and 303(r) 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
157(a), 302a(a), 303(f), and 303(r), this Notice of Proposed Rule 
Making is adopted.
    38. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

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

PART 15--RADIO FREQUENCY DEVICES

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

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

0
2. Section 15.711 is amended by revising paragraphs (b)(1) and (c)(1), 
redesignating paragraph (c)(2) as (c)(5), adding new paragraphs (c)(2) 
through (4), and revising newly redesignated paragraphs (c)(5)(ii) and 
(iv) to read as follows:


Sec.  15.711  Interference avoidance methods.

* * * * *
    (b) * * *
    (1) Accuracy. Fixed and Mode II white space devices shall determine 
their location and their geo-location uncertainty (in meters), with a 
confidence level of 95%.
* * * * *
    (c) * * *
    (1) The geographic coordinates of a fixed white space device shall 
be determined automatically 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.

[[Page 15216]]

The fixed white space device shall check its location once each day, 
except when not in operation, and store this information automatically 
in the device.
    (2) If the fixed white space device is located where the 
incorporated geo-location capability does not function, the fixed 
device may obtain its geographic coordinates from an external geo-
location source that is connected to the fixed device using a secure 
method that ensures that the external geo-location source has been 
approved for that function by the Commission's equipment certification 
program.
    (3) The fixed white space device shall transmit electronically its 
geographic coordinates and antenna height above ground to the white 
space database from which it obtains its list of available channels for 
operation at the time it registers. The fixed white space device shall 
electronically transmit this information to the white space database on 
a daily basis when the device requests a list of the available channels 
for operation.
    (4) If a fixed white space device is moved to another location or 
its stored geographic coordinates become altered, the device shall re-
establish its:
    (i) Geographic coordinates; and
    (ii) Registration with the white space database based on the 
device's new coordinates and antenna height above ground level.
    (5)(i) * * *
    (ii) Operation is permitted only on channels and at power levels 
that are indicated in the white space 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.
* * * * *
    (iv) Fixed white space 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.
* * * * *
0
3. Section 15.713 is amended by revising paragraph (g)(3)(iii) and 
adding paragraph (g)(4) to read as follows:


Sec.  15.713  White Space Database.

* * * * *
    (g) * * *
    (3) * * *
    (iii) Device's geographic coordinates (latitude and longitude (NAD 
83)) including the location uncertainty, in meters;
* * * * *
    (4) The white space database that receives a fixed white space 
device registration shall confirm the email address and telephone 
number of the contact person responsible for the operation of the fixed 
device. The database shall not provide service to the fixed device nor 
share the registration information with other approved white space 
databases until it receives a confirming response from the contact 
person verifying their information. If the registration record is 
modified to identify a new contact person or to provide a new email 
address or telephone number, the white space database shall verify the 
new information before continuing to provide service to the fixed white 
space device.
* * * * *
[FR Doc. 2016-05764 Filed 3-21-16; 8:45 am]
BILLING CODE 6712-01-P