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Vacant Channel in the UHF ) Television Band for Use by White Space Devices ) and Wireless Microphones ) ) Expanding the Economic and Innovation ) GN Docket No

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Vacant Channel in the UHF ) Television Band for Use by White Space Devices ) and Wireless Microphones ) ) Expanding the Economic and Innovation ) GN Docket No Federal Communications Commission FCC 15-68 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Parts 15, 73 and 74 of the ) MB Docket No. 15-146 Commission’s Rules to Provide for the ) Preservation of One Vacant Channel in the UHF ) Television Band For Use By White Space Devices ) and Wireless Microphones ) ) Expanding the Economic and Innovation ) GN Docket No. 12-268 Opportunities of Spectrum Through Incentive ) Auctions ) NOTICE OF PROPOSED RULEMAKING Adopted: June 11, 2015 Released: June 16, 2015 Comment Date: 30 days from publication in Federal Register Reply Comment Date: 60 days from publication in Federal Register By the Commission: Commissioner Pai dissenting and issuing a statement; Commissioner O’Rielly approving in part, dissenting in part and issuing a statement. TABLE OF CONTENTS Paragraph # I. INTRODUCTION.................................................................................................................................. 1 II. BACKGROUND.................................................................................................................................... 5 III. DISCUSSION ........................................................................................................................................ 9 A. Preserving One Vacant Television Channel for Use by White Space Devices and Wireless Microphones ................................................................................................................... 10 B. Applicants Required to Make a Vacant Channel Demonstration .................................................. 12 1. LPTV, TV Translators, and BAS ............................................................................................ 13 2. Modifications of Class A Television Stations......................................................................... 20 3. Full Power Television Stations................................................................................................ 26 C. Procedures for Identifying Channels Available for Use by White Space Devices and Wireless Microphones ................................................................................................................... 32 1. Suitable Channels for Preservation ......................................................................................... 33 2. Demonstration of Compliance................................................................................................. 35 3. Criteria for Determining Vacant Channel Availability at a Given Location........................... 37 4. Methodology for Determining the Availability of a Vacant Channel in a Particular Area ......................................................................................................................................... 41 IV. PROCEDURAL MATTERS................................................................................................................ 51 A. Ex Parte Presentations.................................................................................................................... 51 B. Comment Period and Filing Procedures ........................................................................................ 52 C. Initial Regulatory Flexibility Analysis........................................................................................... 55 D. Paperwork Reduction Act Analysis............................................................................................... 56 E. Further Information........................................................................................................................ 57 V. ORDERING CLAUSES....................................................................................................................... 58 Federal Communications Commission FCC 15-68 APPENDIX A – PROPOSED RULES APPENDIX B – INITIAL REGULATORY FLEXIBILITY ANALYSIS I. INTRODUCTION 1. In the Incentive Auction Report and Order,1 the Commission recognized that following the incentive auction and repacking of the television bands there would likely be fewer unused television channels available for use either by unlicensed “white space” devices or wireless microphones.2 However, the Commission anticipated that there would be at least one channel in the ultra high frequency (“UHF”) band in all areas in the United States that is not assigned to a television station in the repacking process and, given the importance of white space devices and wireless microphones to businesses and consumers, stated its intent, after additional notice and an opportunity to comment, to preserve one television channel in each area of the United States for shared use by these devices.3 2. In this Notice of Proposed Rulemaking (“Notice”), we tentatively conclude that we will preserve a vacant channel in each area. In order to achieve this objective, we propose to require applicants for low power television (“LPTV”), TV translator, and Broadcast Auxiliary Service (“BAS”) facilities to demonstrate that their proposed new, displacement, or modified facilities would not eliminate the last available vacant UHF television channel for use by white space devices and wireless microphones in an area. We propose rules to implement this proposal below. 3. The proposals we make in this Notice to preserve a vacant channel will apply following the incentive auction; none of the proposals will act as a constraint in the repacking process or limit the spectrum that is made available in the forward auction.4 To this end, we tentatively conclude that the required demonstration should not apply to applications for modified Class A facilities filed during the 39-month Post-Auction Transition Period,5 but that it should apply to such applications filed after the end of this period. We further tentatively conclude that the required demonstration should not apply to applications for modified full power television station licenses filed during the 39-month Post-Auction Transition Period, but we seek comment on whether it should apply to full power modification applications filed after the end of this period. We also seek comment on whether the demonstration should apply to full power television station channel allotment proceedings (i.e., proposals to change allotments, to drop in new allotments, to swap allotments among two or more licensees, or to change 1 See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction Report and Order), affirmed, National Association of Broadcasters v. FCC, No. 14-1154 (D.C. Cir. June 12, 2015), implementing the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, §§ 6402 (codified at 47 U.S.C. § 309(j)(8)(G)), 6403 (codified at 47 U.S.C. § 47 U.S.C. § 1452), 126 Stat. 156 (2012) (Spectrum Act). 2 Incentive Auction Report and Order, 29 FCC Rcd at 6683-84, para. 269 and 6701, para. 309. The term “wireless microphones” refers to wireless microphones and other low power auxiliary stations licensed pursuant to Part 74, subpart H, and such similar devices authorized on an unlicensed basis pursuant to waiver, as discussed below. “White space” devices refer to unlicensed devices operating on television channels pursuant to Part 15, subpart H, as discussed further below. 3 Id. at 6683-84, para. 269, 6701, para. 309. 4 As noted below, vacant channels cannot be assigned to a full power television station in the repacking process when separation between television stations is necessary to avoid interference between primary broadcast stations in the final channel assignment process. See para 8, infra. 5 See 47 C.F.R. § 27.4 (defining the Post-Auction Transition Period as the 39-month period commencing upon the public release of the Channel Reassignment Public Notice); 47 C.F.R. § 73.3700(a)(2) (defining the Channel Reassignment Public Notice as the public notice to be released upon the completion of the broadcast television spectrum incentive auction specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels). 2 Federal Communications Commission FCC 15-68 communities of license of allotments). 4. We propose that the vacant channel preserved will be in the UHF band in the range of channel 21 and above, and that the specific vacant channel preserved may vary depending on the particular area. We also propose that a party wishing to construct a new, displacement, or modified station on one of these channels would perform a technical study based on the Commission’s requirements to determine channel availability and the other operating parameters for the proposed facility and would include this study with its application to demonstrate that white space devices and wireless microphones operating within the same area as the proposed broadcast or BAS station will have access to at least one channel. Finally, we propose that vacant channel availability at a given location will be determined using the same criteria currently specified in our rules for determining where wireless white space devices and microphones can operate. II. BACKGROUND 5. The current UHF television band consists of 228 megahertz of spectrum divided into 38 six megahertz channels (channels 14-51, except channel 37). These channels are allocated and assigned on a primary basis for the licensed full power and Class A broadcast television services.6 Other licensed
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