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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations
Specifically, the Commission enabled lower powered operations closer to television stations, as well as higher powered operations in less-congested rural areas that enhance broadband services in these areas. The Commission also established rules permitting white space device operations on spectrum outside of the broadcast television band in the 600 MHz guard bands including duplex gap and the 600 MHz wireless service band, and on channel 37.
5. In the Commissions White Spaces Reconsideration Order, 34 FCC Rcd 1827, in that proceeding, it took additional action to promote white spaces operations. Recognizing that white space device operations served to provide vital links for broadband services to Americans especially in rural and underserved areas, the Commission increased the maximum permissible fixed white space device antenna height above ground level in less congested areas such as rural areas.
6. In 2020, the Commission initiated a new proceeding proposing actions to spur the continued growth of the white space device ecosystem that had been evolving. In the White Spaces NPRM, 35
FCC Rcd 2101, the Commission focused chiefly on providing additional opportunities for unlicensed white space devices operating in the broadcast television bands to deliver wireless broadband services in rural and underserved areas and applications associated with the Internet of Things IoT. The Commission initiated the proceeding largely in response to Microsofts 2019 petition for rulemaking, which had proposed revisions to promote greater flexibility for white space device operations in rural areas; which had garnered broad support from many white space device proponents. On October 28, 2020, the Commission issued a Report and Order and Further Notice of Proposed Rulemaking, FCC 20156, adopting new targeted rules with this focus, which will benefit American consumers in rural and underserved areas while protecting broadcast television stations and other protected services initiated from harmful interference. Specifically, the Commission permitted higher power and higher antennas for fixed white space devices in less congested geographic areas where there continue to be vacant TV channels available for use by white space devices and wireless microphones, and permitted higher power mobile operation within geo-fenced areas in these less congested areas. The Commission also adopted rule changes designed to facilitate the development of new and innovative narrowband IoT services in
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these bands. Finally, the Commission sought comment on whether it should permit use of a terrain-based model e.g., Longley-Rice Irregular Terrain Model when determining available TV
channels for white space device operations, which if adopted could potentially expand the areas available for white space device operations in this spectrum.
7. In the 2015 vacant channel proceeding, white space device proponents argued that the proposals in the 2015 NPRM would ensure that the public has access to these services and would help promote investment and innovation in these technologies. The Commissions more recent actions, however, reflect the subsequent evolution of white space device operations, as indicated by support from major white space device proponents over the last few years, to focus on rural and underserved areas where a substantial amount of spectrum remains available for white space devices after repacking. The Commission finds that these alternative actions are an effective means for the Commission to support white space device operations and the white space device ecosystem as it has evolved since 2015. We conclude that the rationale behind the Commissions tentative conclusion concerning the need to preserve a vacant channel in the broadcast television band to provide certainty for the white space device industry no longer holds.
8. Wireless microphones. In 2015, in a proceeding that had been initiated to explore steps to address wireless microphone users long-term needs following the Incentive Auction and repacking of the broadcast television band, the Commission adopted several changes to ensure sufficient spectrum would continue to available for wireless microphone use. With respect to the reconfigured broadcast television band following the Incentive Auction and repacking, the Commission revised its rules to provide more opportunities for wireless microphones to access spectrum by allowing greater use of the VHF broadcast television channels and more co-channel operations with television stations, and adopted more efficient analog and digital technical standards to ensure more efficient use of the available spectrum. The Commission also expanded eligibility for the licensed use of the 600 MHz duplex gap to all entities now eligible to hold wireless microphone licenses to use television band spectrum. The Commission also took several actions to promote use of spectrum bands outside of the broadcast television band, including providing new opportunities
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for use in UHF spectrum in the 900
MHz band.
9. In 2017, in the Wireless Microphones Reconsideration Order and Further Notice, 32 FCC Rcd 6077, the Commission furthered its goal of promoting wireless microphone operations and ensuring sufficient spectrum would be available following the Incentive Auction and repacking process. Specifically, it made technical revisions to rules it had adopted for both licensed and unlicensed wireless microphone operations in the TV bands, and in the 600 MHz guard band and duplex gap, as well as to rules for licensed wireless microphone operations in several frequency bands outside of the TV and 600 MHz bands, including the UHF spectrum in the 900
MHz band. It also issued a Further Notice of Proposed Rulemaking seeking to ensure that certain professional theater, music, performing arts, or similar organizations that currently operate wireless microphones on an unlicensed basis can obtain licenses to operate in the broadcast television bands as well as other frequency bands, including UHF spectrum in the 900
MHz band, if necessary, to ensure that they can provide the public interest benefits of significantly enhanced event productions to the American people.
10. The Commission is not persuaded by wireless microphone commenters in the dormant docket proceeding who maintain that the Commission should refresh the record in this proceeding and adopt the vacant channel preservation proposals. The Commission finds that these proposals are no longer necessary to further their stated objective.
11. Public Interest Analysis. While the Commission recognizes the important benefits provided by white space devices and wireless microphones in the TV bands, it finds that the other actions that the Commission has taken to support these users subsequent to issuance of the 2015 NPRM provide a better alternative for addressing their needs than through efforts to preserve a vacant channel. Moreover, the Commission can no longer say that the 2015 NPRMs proposals will not significantly burden broadcast applicants. NAB has stated the vacant channel proposals would impose significant burdens on broadcasters both by restricting innovation and by imposing new and costly administrative burdens on broadcasters seeking to construct new or modified facilities.
The Commission agrees. In light of changed circumstances the Commission concludes that it should not deviate from previous Commission decisions
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