[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Proposed Rules]
[Pages 33109-33113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11686]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket Nos. 14-165, 20-36, 04-186 and GN Docket No. 12-268 ; FCC 
22-6; FR ID 85914]


Unlicensed Operations in the Television Bands, Repurposed 600 MHz 
Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37; Expanding the 
Economic and Innovation Opportunities of Spectrum Through Incentive 
Auctions; Unlicensed White Space Device Operations in the Television 
Bands; Unlicensed Operation in the TV Broadcast Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Commission's proposes to seek comment on 
the database re-check interval that should apply to narrowband fixed 
and Mode II personal/portable white space devices and to mobile white 
space devices, which were first authorized by the Commission in 2020. 
In particular, the Commission seeks comment on whether these types of 
devices, which operate in the TV bands, should be subject to the hourly 
re-check interval the Commission requires for fixed and Mode II 
personal portable devices in the TV bands, the daily re-check interval 
to which these devices are currently subject, or some other re-check 
interval.

DATES: Comments are due on or before July 1, 2022 and reply comments 
are due on or before August 1, 2022.

ADDRESSES: You may submit comments, identified by ET Docket No. 14-165, 
GN Docket No. 12-268, ET Docket No. 20-36, or ET Docket No. 04-186 by 
any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.

[[Page 33110]]

     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
    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).

FOR FURTHER INFORMATION CONTACT: Hugh VanTuyl, Office of Engineering 
and Technology, at (202) 418-7506, [email protected]. For 
information regarding the Paperwork Reduction Act (PRA) information 
requirements contained in this document, contact Cathy Williams, Office 
of Managing Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), ET Docket No. 14-165, 
FCC 22-6, adopted on January 25, 2022 and released on January 26, 2022. 
The full text of this document is available for public inspection by 
downloading the text from the Commission's website at https://www.fcc.gov/document/fcc-takes-action-unlicensed-white-space-device-database-issues.

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).

Ex Parte Rules--Permit-But-Disclose

    Pursuant to Sec.  1.1200(a) of the Commission's rules, the 
proceeding this FNPRM initiates shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified information collection burden 
for small business concerns with fewer than 25 employees, pursuant to 
the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4).

Synopsis

Introduction

    The Commission has initiated this FNPRM to seek comment on the 
database re-check interval that should apply to narrowband fixed and 
Mode II personal/portable white space devices and to mobile white space 
devices, which were first authorized by the Commission in 2020. In 
particular, the Commission seeks comment on whether these types of 
devices, which operate in the TV bands, should be subject to the hourly 
re-check interval the Commission require for fixed and Mode II personal 
portable devices in the TV bands, the daily re-check interval to which 
these devices are currently subject, or some other re-check interval.

Background

    When the Commission adopted the push notification rule in 2015, 
there were two classes of white space devices that had to contact a 
white space database to obtain a list of available channels--fixed and 
Mode II personal/portable devices. The Commission did not address 
narrowband or mobile white space devices.
    The Commission established the rules for narrowband and mobile 
white space devices in 2020. Mobile devices, which operate within a 
bounded area at power levels comparable to fixed devices, are a new 
class of white space device. Narrowband devices are a subset of fixed 
or personal/portable devices, and are subject to technical rules which 
permit narrower channel bandwidths than other fixed and personal/
portable devices. The Commission, consistent with the existing rules, 
required narrowband and mobile devices to comply with a once daily 
database check. Narrowband devices also would have had to comply with 
the push notification requirement if it had not been waived. The 
Commission did not address whether mobile devices are subject to the 
push notification rule. Thus, after careful consideration, and out of 
an abundance of caution, the Commission now seeks to build a record on 
whether the Commission should modify the database re-check requirements 
for these types of devices.

Discussion

    Narrowband devices. In its recent ex parte submission, Microsoft 
argues that

[[Page 33111]]

requiring narrowband fixed white space devices used for IoT 
applications to comply with an hourly database re-check would 
negatively impact battery life, limit potential form factors, and 
increase the costs of those devices. It requests that the Commission 
maintain its existing requirement that narrowband fixed devices be 
required to check the white space database once a day to ensure 
capturing wireless microphone reservations rather than hourly. 
Microsoft states that this requirement would only apply to master 
narrowband devices because client devices would obtain available 
channel information from master devices that obtain information 
directly from a white space database, similar to the operation of other 
Mode I white space devices. Microsoft also requests that a narrowband 
fixed white space device be allowed to continue operating until 11:59 
p.m. the following day if the device is unable to contact the database. 
Microsoft states that keeping the current requirement in place for 
these devices will particularly benefit precision agriculture 
applications such as by enabling farmers to obtain information about 
the conditions of their fields during a disaster when connectivity to 
the internet has been lost. However, NAB opposes Microsoft's requests, 
arguing that Microsoft has not shown that narrowband white space 
devices are less likely to cause harmful interference or that the use 
cases for narrowband devices will largely be confined to rural areas.
    The Commission seeks comment on the database re-check interval that 
should be required for narrowband white space devices. Should the 
Commission retain the current requirement for a once daily database 
check and allow continued operation until 11:59 p.m. the following day 
if a device is temporarily unable to contact the database? Should the 
Commission instead require narrowband devices to comply with the same 
hourly re-check interval as other fixed and Mode II devices, or would 
another re-check interval be more appropriate? If the Commission allows 
a longer database re-check interval for narrowband devices than for 
other fixed and personal/portable devices, to which specific devices 
should it apply? Should it apply to both fixed and Mode II personal/
portable narrowband devices? Should it apply to battery-powered devices 
only or to AC powered devices as well? Are there any other related 
database re-check rules that the Commission should modify for 
narrowband devices?
    The Commission seeks comment on the impact of the database re-check 
interval on the protection of licensed wireless microphones. Microsoft 
argues that the existing technical rules for narrowband devices (low 
power, narrow bandwidth, limited transmission time, the requirement for 
three contiguous vacant channels) are sufficiently conservative to 
limit the likelihood of interference to wireless microphones. It states 
that because narrowband devices may operate only where there are three 
contiguous vacant TV channels, there will always be at least two TV 
channels available for immediate use by wireless microphones. It 
further states that the three contiguous channel requirement means 
there is a very low probability that narrowband devices will operate in 
more congested areas where wireless microphones used for electronic 
news gathering typically operate and that the key use case for 
narrowband white space devices is precision agriculture. Microsoft also 
notes that narrowband white space devices are limited to lower power 
than wideband fixed white space devices and to a 36 second per hour 
limit on channel occupancy. The Commission seeks comment on Microsoft's 
analysis and NAB's response in this regard. Are the existing rules 
regarding limited channel availability, low power, and low channel 
occupancy sufficient to protect licensed wireless microphones if the 
Commission retains the once daily database re-check as suggested by 
Microsoft? Are there other safeguards that could be put in place to 
ensure licensed wireless microphones are protected if the Commission 
leaves the existing rule in place? Would limiting a daily re-check to 
only certain narrowband devices, e.g., battery powered devices, be a 
viable compromise to help improve the protection of wireless 
microphones? If so, how would such a delineation provide more 
protection than treating all narrowband white space devices in a 
consistent fashion? What effect would differing requirements for 
battery powered devices have on narrowband white space device design 
and cost?
    Mobile devices. Mobile devices can be mounted on vehicles such as 
buses and farm equipment and may move around within a predetermined 
geo-fenced area within which the white space database has determined 
that one or more TV channels are available for the mobile device's use. 
The technical requirements for mobile devices are similar to those for 
fixed devices except narrowband, including maximum transmitter power, 
antenna gain and height limits and required separation distances from 
protected services, as well as the requirement to re-check the database 
at least once per day. Because of the technical similarities between 
fixed and mobile devices, the Commission believes that it would be 
appropriate to require mobile devices to comply with the same database 
re-check interval as fixed devices that operate in the TV bands to more 
effectively protect licensed wireless microphones. The Commission 
therefore proposes to require mobile devices to comply with the same 
hourly re-check interval the Commission is requiring for fixed devices 
in the TV bands. The Commission also proposes to require mobile devices 
to comply with the other requirements the Commission adopts for fixed 
devices (except narrowband) in the TV bands, specifically, the 
requirement to cease operation after two failed attempts to contact the 
white space database, i.e., 120 minutes, and the requirement to adjust 
their use of TV channels in accordance with wireless microphone 
scheduling information provided by the white space database for the two 
hour period beginning when the device last contacted the database. The 
Commission also proposes that any modified rules would become effective 
six months after publication in the Federal Register.
    The Commission seeks comment on these proposals. Should the 
Commission require mobile devices to comply with the same hourly re-
check interval as fixed devices operating in the TV bands, or would a 
different interval be more appropriate? If so, what is the appropriate 
re-check interval? Is a more frequent re-check interval necessary to 
better protect licensed wireless microphones? Would it be difficult for 
mobile devices to contact the database at more frequent intervals since 
they could have their internet access temporarily blocked by trees or 
hills as they move? Would it be overly burdensome on white space 
database administrators to recalculate channel availability over a geo-
fenced area on an hourly basis? Are any other rule changes necessary if 
the Commission changes the required re-check interval for mobile 
devices?
    Digital Equity and Inclusion. Finally, the Commission, as part of 
its continuing effort to advance digital equity for all, including 
people of color, persons with disabilities, persons who live in rural 
or Tribal areas, and others who are or have been historically 
underserved, marginalized, or adversely affected by persistent poverty 
or inequality, invites comment on any equity-related considerations and 
benefits (if any) that may be associated with the proposals and issues 
discussed herein. Specifically, the Commission

[[Page 33112]]

seeks comment on how our proposals may promote or inhibit advances in 
diversity, equity, inclusion, and accessibility, as well as the scope 
of the Commission's relevant legal authority.
    Initial regulatory flexibility analysis. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), 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 
Unlicensed Operation in the Television Bands, Repurposed 600 MHz Band, 
600 MHz Guard Bands and Duplex Gap, and Channel 37, Further Notice of 
Proposed Rule Making (FNPRM) in ET Docket No. 14-165. 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 FNPRM provided in paragraph 56 of the item. The Commission will 
send a copy of the FNPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). In addition, the 
FNPRM and IRFA (or summaries thereof) will be published in the Federal 
Register.

Need for, and Objectives of, the Proposed Rules

    The FNPRM seeks comment on how frequently narrowband and mobile 
white space devices must contact a database that determines the 
available operating channels at the devices' location.

Legal Basis

    The proposed action is taken pursuant to 4(i), 302, 303(b), (c), 
(e), (f), (r), 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(b), (c), (e), (f), (r), 307, 1452, 1454.

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

    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. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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).
    Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. The Commission therefore 
describes here, at the outset, three broad groups of small entities 
that could be directly affected herein. First, while there are industry 
specific size standards for small businesses that are used in the 
regulatory flexibility analysis, according to data from the Small 
Business Administration's (SBA) Office of Advocacy, in general a small 
business is an independent business having fewer than 500 employees. 
These types of small businesses represent 99.9% of all businesses in 
the United States, which translates to 32.5 million businesses.
    Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, the Commission 
estimates that at least 48,971 entities fall into the category of 
``small governmental jurisdictions.''
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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. The SBA has established a small business size 
standard for this industry of 1,250 or fewer employees. U.S. Census 
Bureau data for 2012 show that 841 establishments operated in this 
industry in that year. Of that number, 828 establishments operated with 
fewer than 1,000 employees, 7 establishments operated with between 
1,000 and 2,499 employees and 6 establishments operated with 2,500 or 
more employees. Based on this data, the Commission concludes that a 
majority of manufacturers in this industry are small.
    Television Broadcasting. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting images together with 
sound.'' These establishments operate television broadcast studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in turn 
broadcast the programs to the public on a predetermined schedule. 
Programming may originate in their own studio, from an affiliated 
network, or from external sources. The SBA has created the following 
small business size standard for such businesses: Those having $41.5 
million or less in annual receipts. The 2012 Economic Census reports 
that 751 firms in this category operated in that year. Of that number, 
656 had annual receipts of $25,000,000 or less, and 25 had annual 
receipts between $25,000,000 and $49,999,999. Based on this data the 
Commission therefore estimates that the majority of commercial 
television broadcasters are small entities under the applicable SBA 
size standard.
    The Commission has estimated the number of licensed commercial 
television stations to be 1,368. According to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on 
November 16, 2017, 1,258 stations (or about 91 percent) had revenues of 
$38.5 million or less, and therefore these licensees qualified as small 
entities under the SBA definition. In addition, the Commission has 
estimated the number

[[Page 33113]]

of licensed noncommercial educational television stations to be 390. 
Notwithstanding, the Commission does not compile and otherwise does not 
have access to information on the revenue of NCE stations that would 
permit it to determine how many such stations would qualify as small 
entities. There are also 2,246 low power television stations, including 
Class A stations (LPTV), and 3,543 TV translator stations. Given the 
nature of these services, the Commission will presume that all of these 
entities qualify as small entities under the above SBA small business 
size standard.
    The Commission note, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations must be included. 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, 
another element of the definition of ``small business'' requires that 
an 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 television broadcast 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. Also, as noted above, 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 its estimates of small businesses to which they apply may 
be over-inclusive to this extent.

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

    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. 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. 
The database determines channel availability using protection criteria 
specified in the rules. Most RF transmitting equipment, including white 
space devices, must be authorized through the certification procedure. 
Certification is an equipment authorization issued by a designated 
Telecommunication Certification Body (TCB) based on an application and 
test data submitted by the responsible party (e.g., the manufacturer or 
importer). The FNPRM does not propose to change the authorization 
procedure for white space devices, or the requirement for them to 
obtain a list of available channels from a database. It seeks comment 
on possible changes to the requirement on how frequently narrowband and 
mobile white space devices must contact a database that determines 
channel availability for white space devices. Current rules require 
these devices to re-check the database at least once daily, while the 
Commission has decided to require other white space devices to re-check 
the database once per hour.

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

    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.''
    There are currently no approved narrowband or mobile white space 
devices, so changing the database re-check interval would have no 
immediate impact on device manufacturers. If manufacturers develop 
devices that comply with the current daily re-check interval and the 
Commission subsequently decreases the interval (e.g., to once per 
hour), manufacturers would have to modify devices to comply. Because a 
device's database re-check interval would be programmed in software, 
such modifications would not be burdensome on manufacturers.

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

    None.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority 
contained in Sections 4(i), 302, 303(b), (c), (e), (f), (r), 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(b), (c), (e), (f), 
(r), 307, 1452, 1454, this Second Order on Reconsideration, Further 
Notice of Proposed Rulemaking, and Order is hereby adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Order on Reconsideration, Further Notice of Proposed 
Rulemaking, and Order, including the Initial Regulatory Flexibility 
Analysis and Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the U.S. Small Business Administration.

Federal Communications Commission.

Marlene Dortch,
Secretary.
[FR Doc. 2022-11686 Filed 5-31-22; 8:45 am]
BILLING CODE 6712-01-P