FCC Releases Decision
Reconsidering
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The FCC has issued its decision
on reconsideration of its order authorizing the use of unlicensed wireless
devices in the same spectrum used by television broadcasters. The
decision expands on the technical requirements for unlicensed television band
transmitting devices (“TVBDs”) and the interference protection that they must
provide to incumbent services, including television stations, TV translators,
cable television headends, multichannel video
programming distributors (“MVPDs”), wireless microphones and other low power
auxiliary stations. Two
years ago, the FCC announced that it would permit TVBDs to operate in the
“unused” broadcast television spectrum located between existing in-use
television channels (so-called “white spaces”). The FCC intended to
promote the development of new wireless devices in the digital VHF and UHF
bands, while also protecting incumbent users – primarily television
broadcasters – from harmful interference. In its most recent decision,
the FCC asserts that the use of this spectrum could facilitate the deployment
of “Super Wi-Fi” – fast wireless connectivity that will reach farther and
penetrate structures better than conventional Wi-Fi – through the use of
fixed and personal/portable unlicensed devices. To
prevent interference to authorized services in the TV bands, TVBDs generally
must include geo-location capability and the means to access a
yet-to-be-developed database of incumbent services that will identify vacant
TV channels. However, the FCC elected to eliminate the requirement that
TVBDs also use spectrum sensing technology that would detect the presence of
analog and digital TV signals and wireless microphone signals above a certain
threshold. The FCC determined that the inclusion of mandatory spectrum
sensing technology is not necessary to ensure that TVBDs protect television
and low power broadcast auxiliary services. The
FCC also took the following actions relevant to television broadcasters: •
It rejected requests
that it change the method to be used to calculate protected TV station
contours; • It affirmed its earlier decision to
protect LPTV stations to the same signal contour as full-power TV stations;
and • In order to protect the reception of
over-the-air TV signals that are received by other means, it allowed all MVPD
receive sites located within 80 km of a television station’s protected
contour to register for interference protection in the FCC’s white spaces
database. Previously this protection was afforded to cable headends and
TV translator receive sites only. It also allowed MVPDs, and TV
translators, LPTV and Class A stations with receive sites located beyond 80
km from the edge of a television station’s protected contour to seek a waiver
to allow them to be registered in the database. Such waivers may be applied
for within 90 days after the effective date of the new rules (or within 90
days of commencing operation of a new receive site). Finally,
in order to accommodate wireless microphones, which also use portions of the
television band spectrum, the FCC set aside two UHF channels in each market
for the exclusive use by wireless microphones and other low power auxiliary
service devices, and established rules to allow temporary operation of
wireless microphones on other frequencies for major events that utilize large
numbers of wireless microphones. Although operators of licensed
wireless microphones may register their sites in the database, unlicensed
wireless microphones and other low power auxiliary devices that operate
without a license cannot be registered, and will not be afforded interference
protection from TVBDs. The FCC also concluded that wireless microphones
and other low power auxiliary devices that do not operate from fixed
locations, such as those used in connection with electronic news gathering
activities, cannot be registered in the database because their locations will
not be known sufficiently in advance to permit registration. If
you have any questions regarding the FCC’s plans for the development of white
spaces spectrum, please contact your primary attorney in our office. October 21, 2010 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2010, Lerman Senter PLLC 2000 K Street NW,
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