80 FR 52715 - Amendment of the 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

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 169 (September 1, 2015)

In this document, the Commission proposes to designate a second available vacant channel in the UHF television band for use by white space devices and wireless microphones in those areas where the duplex gap of the 600 MHz Band is subject to impairment by a television station.

[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Proposed Rules]
[Pages 52715-52717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21560]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 73, 74

[MB Docket No. 15-146; GN Docket No. 12-268; FCC 15-78]


Amendment of the 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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to designate a 
second available vacant channel in the UHF television band for use by 
white space devices and wireless microphones in those areas where the 
duplex gap of the 600 MHz Band is subject to impairment by a television 
station.

DATES: Comments may be filed on or before September 30, 2015, and reply 
comments may be filed on or before October 30, 2015. Written comments 
on the proposed information collection requirements, subject to the 
Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, should be 
submitted on or before October 30, 2015.

ADDRESSES: You may submit comments, identified by MB Docket No. 15-146, 
GN Docket No. 12-268 and/or FCC 15-78, by any of the following methods:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ssquf] Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] Mail: Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    [ssquf] 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.
    In addition to filing comments with the Secretary, a copy of any 
PRA comments on the proposed collection requirements contained herein 
should be submitted to the Federal Communications Commission via email 
to [email protected] and to [email protected] and also to Nicholas A. 
Fraser, Office of Management and Budget, via email to 
[email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, [email protected] of 
the Media Bureau, Video Division, (202) 418-2324, and Paul Murray, 
[email protected] of the Office of Engineering and Technology, (202) 
418-0688. For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, at (202) 418-2918, or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, FCC 15-78, released August 11, 2015 in GN Docket 12-268 and 
MB Docket No. 15-146. The full text of this document is available for 
inspection and copying during regular business hours in the FCC 
Reference Center, 445 12th Street SW., Room CY-A257, Portals II, 
Washington, DC 20554. This document is available in alternative formats 
(computer diskette, large print, audio record, and Braille). Persons 
with disabilities who need documents in these formats may contact the 
FCC by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-
0432.
    Pursuant to sections 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).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All

[[Page 52716]]

filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8 a.m. to 7 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes and boxes must be disposed of before 
entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    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).

Paperwork Reduction Act of 1995 Analysis

    The Public Notice contains proposed new or modified 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), the Commission seeks specific 
comment on how it might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.

Synopsis

    To mitigate the potential impact on white space devices and 
wireless microphones in areas where the duplex gap is subject to 
impairment, we tentatively conclude that we will designate a second 
available television channel in the remaining television band in such 
areas for shared use by white space devices and wireless microphones, 
in addition to the one such channel we have tentatively concluded will 
be made available in each area of the United States for shared use by 
these devices and microphones. Consistent with the Vacant Channel 
Notice of Proposed Rulemaking (NPRM), licensed as well as unlicensed 
wireless microphones would have access to the second available 
television channel. Recognizing the significant public benefits 
provided by white space devices and wireless microphones, the 
Commission in the Incentive Auction Report and Order stated that it was 
making the duplex gap available for use by these services, subject to 
appropriate technical rules. The Commission specifically noted that it 
was deferring a decision on whether to place television stations in the 
duplex gap. In the Vacant Channel NPRM, we tentatively concluded that 
preserving a vacant channel in the remaining television band in each 
area of the United States for shared use by these devices and 
microphones will help to ensure that the public continues to have 
access to the benefits they provide across the nation. White space 
devices and wireless microphone advocates maintain that lack of access 
to the duplex gap in areas where it is subject to impairment will limit 
the public's access to the benefits these services provide. We propose 
to address this concern by requiring demonstration of the availability 
of a second television channel in accordance with the procedures 
proposed in the Vacant Channel NPRM in geographic areas where the 
duplex gap is subject to impairment. More specifically, under this 
proposal such a demonstration would be required in geographic areas 
where the protected contour of a television station assigned to the 600 
MHz Band impairs the duplex gap. We propose that applicants for new, 
displaced, or modified television station or Broadcast Auxiliary 
Station facilities use existing tools to determine whether the proposed 
facility overlaps with a geographic area where the duplex gap is 
impaired, and then use the white space databases to determine vacant 
channel availability in the overlap areas. We invite interested parties 
to comment on this tentative conclusion in MB Docket No. 15-146. We 
direct the Media Bureau to establish new comment and reply deadlines of 
September 30 and October 30, 2015, respectively, for the proposals in 
the Vacant Channel NPRM as well as the proposals above. We intend to 
address all of the proposals in the same order.

Supplemental Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this present Supplemental Initial 
Regulatory Flexibility Analysis (Supplemental IRFA) concerning the 
possible significant economic impact on small entities by the policies 
and rules proposed in this NPRM. Written public comments are requested 
on this Supplemental IRFA. Comments must be identified as responses to 
the Supplemental IRFA and must be filed by the deadlines for comments 
indicated in the DATES section. The Commission will send a copy of this 
Public Notice, including this Supplemental IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).\1\ In 
addition, this Public Notice and Supplemental IRFA (or summaries 
thereof) will be published in the Federal Register.\2\
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    \1\ See 5 U.S.C. 603(a).
    \2\ Id.
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    In the Vacant Channel NPRM, the Commission tentatively concluded 
that preserving a vacant channel in the remaining television band in 
each area of the United States for shared use by white space devices 
and wireless microphones will help to ensure that the public continues 
to have access to the benefits they provide across the nation. As 
required by section 603 of the Regulatory Flexibility Act, 5 U.S.C. 
603, the Commission included as Appendix B of the Vacant Channel NPRM 
an Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on small entities of the proposals 
suggested in the Vacant Channel NPRM.
    In this document, the Commission decides that a limited number of 
broadcast television stations may be reassigned during the incentive 
auction and repacking process to channels within the ``duplex gap'' 
established as part of the 600 MHz Band Plan. The Commission notes that 
white space devices and wireless microphone advocates maintain that 
lack of access to the duplex gap in areas where it is subject to 
impairment will limit the public's access to the benefits these 
services provide. To address this concern, the Commission tentatively 
concludes that it will preserve a second available television channel 
in the remaining television band in such areas for shared use by white 
space devices and wireless microphones, in addition to the one such 
channel it has tentatively concluded will be made available in each 
area of the United States for shared use by these devices in the Vacant 
Channels NPRM. Under this proposal, demonstration of the availability 
of a second television

[[Page 52717]]

channel would be required in accordance with the procedures proposed in 
the Vacant Channel NPRM in geographic areas where the duplex gap is 
subject to impairment.
    We hereby incorporate by reference the IRFA from the Vacant Channel 
NPRM. This Supplemental IRFA supplements paragraphs 4 and 19 of the 
IRFA as follows to reflect the second vacant channel preservation 
proposal. Consistent with the vacant channel proposal in the Vacant 
Channel NPRM, we believe the second vacant channel proposal in 
paragraph 32 of this document will not significantly burden small 
entities in terms of either the continued availability of channels in 
all areas or the administrative burdens of compliance. After the final 
channel assignments are made following the incentive auction, multiple 
vacant channels will exist in most areas as a result of the co- and 
adjacent channel separation requirements necessary to protect primary 
broadcast stations from interference from each other. While the effect 
of the second vacant channel preservation proposal would be to reduce 
by two the total number of vacant channels that would otherwise be 
available in an area, it applies only in those areas where the duplex 
gap is subject to impairment. Our analysis indicates the duplex gap 
will not be subject to any impairment in most markets even if the 
optimization procedure tool is not restricted in assigning impairing 
stations. Thus, the duplex gap will remain free from impairment across 
most of the country, except in a relatively small number of markets. 
Consequently, the impact on small entities, in terms of the 
availability of channels for future use, will be limited. Consistent 
with the IRFA, although small entities may experience an increased 
burden, the Commission believes that adoption of the second vacant 
channel preservation requirement will greatly benefit white space and 
wireless microphone users as well as the manufacturer of white space 
and wireless microphone equipment that are also small businesses by 
creating new uses and opportunity for this spectrum. The Commission 
also believes that this prioritization and protection of white space is 
critical if it is to realize the benefits that this spectrum will 
provide to small businesses and developers that will usher forth new 
and unthought-of uses.
    This Supplemental IRFA also supplements paragraph 17 of the IRFA 
discussing procedures to reflect that a broadcast applicant would 
determine if its contour overlaps the service contour of a television 
station assigned to a channel within the duplex gap.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-21560 Filed 8-31-15; 8:45 am]
 BILLING CODE 6712-01-P