FCC Proposes One Blank Channel in Every Market for Wireless Mics, White Spaces Devices

Broadcasters shouldn't be adversely affected by setting aside the channel, the FCC said. “The 100 repacking simulation results previously published by Commission staff show that the areas encompassing the vast majority of population across the country would have at least two vacant channels available,” the commission said. “In any event, the effect of our proposal would be to reduce by only one the total number of vacant channels that would otherwise be available in an area.” The UHF TV band consists of 228 megahertz of spectrum divided into 38 6-megahertz channels, channels 14-51, with the exception of Channel 37, the agency said.

The NPRM proposes that applicants for low-power TV licenses, TV translator licenses and broadcast auxiliary service facilities be required to show “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.” The FCC said it tentatively concludes that this requirement shouldn't apply to applicants for full-power TV 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.” The FCC also asks if this showing should be required in other full-power allotment proceedings, such as “proposals to change allotments, to drop in new allotments, to swap allotments among two or more licensees, or to change communities of license of allotments.”

The NPRM merely implements the framework agreed upon in an incentive auction order approved in May 2014 (see 1405160059), said Harold Feld, senior vice president at Public Knowledge, an advocate of setting aside TV spectrum for unlicensed use. “Implementation of the commitment the FCC made in the 2014 order turns out to be as contentious as the initial decision,” Feld told us. “This should not be a surprise to anyone who expected the FCC to follow through on the commitment it made last year.”

Setting aside one channel in every market for unlicensed use is critical, said Michael Calabrese, director of New America’s Wireless Future Project. "Without this reserved channel in every market and unlicensed use of the duplex gap, chipmakers and device makers won’t make the investments needed to incorporate TV white space connectivity," Calabrese said. "Today’s proposal ultimately benefits consumers and innovation by providing one of the three or four unlicensed channels of low-band spectrum needed in every market."

Wireless mic maker Shure is examining the NPRM, and had been “eagerly anticipating” it, a spokesman said. “The incentive auction’s proposal to eliminate the reserve wireless microphone channels will obviously create a hardship for both wireless and unlicensed wireless microphone operators,” the spokesman said. “We see this naturally occurring white spaces NPRM as an important component to trying to minimize that hardship.” Shure believes the set-aside channel should be first and foremost for wireless mics, though available to other unlicensed users if not reserved by users of the mics, the spokesman said.

Pai said the FCC majority is using the auction rules “to dole out regulatory presents to favored companies and industries while leaving others worse off.” Pai said until the notice was presented, he didn't think it would be controversial that full-power TV stations would get top priority in being assigned to vacant channels. “Today’s Notice suggests a switcheroo, giving unlicensed white space devices priority over full-power television stations in some circumstances,” he said. “The item asks whether full-power televisions stations should be precluded from modifying their facilities in order to better serve their viewers if doing so would eliminate the last vacant channel in the band.”

The FCC shouldn't ask questions on policies, which if pursued, would “absurdly restrict the future rights of full-power television stations -- the primary users in the TV band -- in order to ensure that secondary, unlicensed users have priority access to six megahertz of spectrum,” O’Rielly said. ”Simply put, secondary users should not have a superior claim over primary users for any spectrum in the TV band,” he said. “This is the TV band, after all.”

"We will review this item carefully but it is essential that the FCC not do anything to limit the amount of spectrum repurposed for licensed mobile services," said Scott Bergmann, CTIA vice president-regulatory affairs. "Congress made clear that 600 MHz licensees be protected from harmful interference and artificially limiting the amount of spectrum made available for licensed services would unlawfully elevate the rights of unlicensed users over primary licensed services.”

"NAB is reviewing this proposal and will participate actively on this issue," the association said in a news release. "For those concerned with localism and diversity of public airwaves, the prospect of elevating unlicensed users of spectrum over licensed broadcasters in the television broadcast band should cause grave concern. This appears to be contrary to the Spectrum Act, the FCC's own rules, and sound public policy."