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Channel 37 Next?

FCC Unanimously Approves TV White Spaces NPRM

The FCC unanimously approved an NPRM Friday seeking comment on proposals to allow devices that use the TV white space to operate with higher power in less-congested areas. The item’s final text hadn’t been released, but the final notice was little changed from the draft, said Office of Engineering and Technology staff. That was as expected (see 2002250084).

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Chairman Ajit Pai said the proposals would help deliver rural broadband, and praised Microsoft and NAB for reaching an understanding on the issue. “Television broadcasters enjoy top priority in the TV spectrum bands, and we must not take any action in this proceeding that would end up causing harmful interference to television broadcasters,” he said.

The NPRM will begin to address less controversial aspects of the white spaces, setting the stage to eventually tackle others, said Commissioner Mike O’Rielly. Remaining issues include “facilitating unlicensed use in channel 37,” he said. The NPRM’s final version doesn’t touch on channel 37, said OET. “In a future proceeding, it is imperative that the commission further explore the opportunities in channel 37 and the means to relocate the wireless medical services to a more suitable location,” O’Rielly said. An order stemming from the NPRM is expected “in the coming months,” O’Rielly said.

Commissioner Jessica Rosenworcel said the rulemaking is “progress” and wants further action. “More work needs to be done to address remaining regulatory barriers,” she said. “We have five outstanding petitions for reconsideration involving white space development and deployment,” said Rosenworcel. “We also need to clear up unresolved matters regarding designation of a database administrator.”

The item seeks comment on proposals to allow higher power and taller antennas for fixed white spaces devices in less-congested places, which would let devices reach users at longer distances and “more fully participate” in the IoT, said OET. The NPRM seeks comment on allowing higher power operation when the adjacent TV bands are occupied. The final version contains questions about antennas and mobile technology that were added after the draft was released, OET staffers said in response to news-media questions including ours. They said those changes weren’t significant.

The proceeding is an example of stakeholder compromise, said Commissioner Brendan Carr. The item “poses the right questions, seeking comment on how best to protect other operators in the TV bands, and proposing measures such as increased exclusion zone distances to protect against harmful interference,” said Commissioner Geoffrey Starks.

The FCC “correctly recognizes the potential to use vacant TV channels to extend broadband in rural and remote areas,” said Michael Calabrese, director of the Wireless Future Program at New America: “The proposal to allow the use of unlicensed TV white spaces to extend internet connectivity to vehicles, including school buses and farm equipment, meets critical needs. Opportunistic use of unused TV spectrum will bring enormous benefits to rural, tribal and unserved communities.”

The NPRM “reflects significant discussion and compromise,” NAB said: “We hope the Commission will continue to pursue a consensus-based approach in this proceeding, and ... will move swiftly." Microsoft President Brad Smith tweeted that these are "changes needed to TV White Space rules that will help close the digital divide in rural America."

The NPRM is “a critical step toward ensuring connectivity for all communities,” said CTA President Gary Shapiro. “This cost-effective, reliable solution will help innovation flourish in every corner of our country.” ACT | The App Association members "want to build their companies outside of traditional tech hubs, but broadband access remains a pain point," said President Morgan Reed.“Today’s vote enables an efficient use of spectrum and forward-looking investments that will have meaningful outcomes.”