FCC Dedicates TV White Spaces to New Generation of Unlicensed Mobile Devices
The FCC approved Tuesday an order opening the TV white spaces for use by unlicensed portable devices. The action followed a long fight between major high-tech companies and broadcasters. The order takes what a commission official called a “cautious” approach that offers broadcasters and other 700 MHz incumbents protections from harmful interference. The vote came after a four-year examination by the FCC of the future use of the white spaces.
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The order opens the door for manufacturers to bring to market devices that use a geolocation database to determine that TV channels aren’t in use before they operate. The FCC created a process for certifying devices that rely on spectrum-sensing alone. But they must go through extensive testing, under public observation, before they can go on the market.
The FCC also agreed to ask more questions in a notice of inquiry examining whether unlicensed devices can be allowed to operate at higher power levels in rural areas. But the commission isn’t seeking comments on using some of the spectrum for backhaul and other licensed use as advocated by FiberTower and the Rural Telecommunications Group.
The vote came at an FCC meeting that started nearly five hours late, continuing what has become a pattern for the agency. Commissioner Michael Copps joked as the meeting started that as he stood in line with 300 others to vote earlier in the day, he thought that would be the longest voting process he probably would take part in Tuesday.
Copps said throughout the white spaces debate that he was committed to letting engineering analysis “drive” FCC decision-making. He said the order shows that the commission listened to the complaints of broadcasters and other incumbents. “The results of our testing have shown that there is merit in the initial positions of both sides in this debate -- and I believe our conclusion today reflects this point,” he said. “For example, the white spaces proponents initially argued that spectrum-sensing alone would be adequate. Our testing has shown that this approach, right now, is not ready for prime time. That is why our decision does not authorize devices today that rely exclusively on sensing, though we do create a process for evaluating the next generation of such devices.”
Commissioner Jonathan Adelstein said he leaned heavily on the advice of FCC engineers. “Many have raised the concern that broadcasters and users of wireless microphones will suffer harmful interference as a result of this order,” he said. “The Office of Engineering and Technology assures us that there are adequate protections here to prevent harmful interference to licensed users, and I accept their assurances.” Adelstein said the process the FCC followed should have been more open, but there’s “overwhelming support” at the FCC for acting now and “more time was unlikely to change the outcome.”
Commissioner Robert McDowell called the order a small, “prudent” step “that sets up safeguards” that will protect incumbents. “We have listened carefully to the arguments of broadcasters, cable TV operators, wireless microphone companies and entertainers, and today’s order addresses their concerns,” he said. “In short, all avenues of modification and improvement remain open.” McDowell said the FCC should have begun a rulemaking rather than a notice of inquiry exploring use of the white spaces in rural markets. “This is an idea that was raised in our original notice, is thoroughly discussed on the record, and is already ripe for decision, he said.
Commissioner Deborah Tate said she was disappointed that the FCC isn’t considering whether to devoted some of the white spaces to licensed use needed for backhaul in rural areas. Tate dissented from the decision to dedicate all of the white spaces channels to unlicensed use. “While I understand that the Commission will issue a Notice of Inquiry on this issue, this is too little and too late,” she said. “Rural consumers need help now, and the record on the various options including licensed approaches is sufficiently developed for the Commission to take action today.”
Early reaction was predictable. “The Commission chose a path that imperils American’s television reception in order to satisfy the ‘free’ spectrum demands of Google and Microsoft,” said the Association for Maximum Service TV. A coalition of public-interest groups that supported the proposed white-spaces order said “the FCC today took a major step to foster innovation and create new opportunities for consumers.”