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FCC RIN: 3060-AI52 Publication ID: Fall 2008 
Title: Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186) 
Abstract: The notice of proposed rulemaking proposes to amend the Commission’s rules to allow unlicensed radio transmitters to operate in the broadcast television spectrum at locations where that spectrum is not being used. We believe that the proposals set forth will provide for more efficient and effective use of the TV spectrum and will have significant benefits for the public by allowing the development of new and innovative types of unlicensed broadband devices and services for businesses and consumers. In the First Report and Order, the Commission took a number of steps towards allowing the introduction of new low power devices in the broadcast television spectrum (TV bands) on channels/frequencies that are not being used for authorized services (hereinafter referred to as “TV band devices”). The goal in this proceeding is to allow such devices to operate on unused television channels in locations where such operations will not result in harmful interference to TV and other authorized services. The Commission believes that this plan will provide for more efficient and effective use of the TV spectrum and will significantly benefit the public by allowing the development of new and innovative types of devices and services for businesses and consumers, without disrupting television and other authorized services using the TV bands. Because transmissions in the TV band are subject to less propagation attenuation than transmissions in other bands where lower power operations are permitted (such as unlicensed operations in the 2.4 GHz band), operations in the TV bands can benefit a wide range of service providers and consumers by improving the service range of wireless operations, thereby allowing operators to reach new customers. While there will be significant benefits to the public from its actions, the Commission recognizes that it must balance these benefits with the need to protect authorized services in the TV bands from harmful interference. The Further NPRM proposed to allow low power transmitters to operate in the TV broadcast bands at locations where spectrum is not being used by authorized services without causing harmful interference to these services. The Further NPRM seeks comment on whether these TV band devices should be authorized on a licensed, unlicensed or hybrid basis. It would propose to require TV band devices to incorporate “smart radio” features to detect vacant TV channels and prevent harmful interference from TV band devices to authorized services operating in the TV bands. These features would include the abilities to 1) monitor spectrum prior to transmitting to ensure that it is not in use by authorized services, 2) switch frequencies or cease transmitting if an authorized service begins using a previously unused frequency, 3) adjust transmit power to the minimum needed to establish a link, 4) determine geographic location and access a database to determine which channels are in use, and/or 5) receive a control signal and select the operating frequency based on data in the control signal. These proposals, if adopted, will prove beneficial to manufacturers and users of low power transmitters because they will provide for more efficient and effective use of the TV spectrum and allow the development of new and innovative types of wireless devices and communication services for businesses and consumers. 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 15   
Legal Authority: 47 USC 154(i)    47 USC 302    47 USC 303(e) and 303(f)    47 USC 303(r)    47 USC 307   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/18/2004  69 FR 34103   
First R&O  11/17/2006  71 FR 66876   
FNPRM  11/17/2006  71 FR 66897   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Hugh Van Tuyl
Electronics Engineer
Federal Communications Commission
45 L Street NE,
Washington, DC 20554
Phone:202 418-7506
Fax:202 418-1944
Email: hugh.vantuyl@fcc.gov