Petition for Reconsideration Re: Unlicensed Operation in TV White Space

Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, DC 20554

In the Matter of

Unlicensed Operation in the TV Broadcast Bands
ET Docket No. 04-186                                                          

Additional Spectrum for Unlicensed Devices
Below 900 MHZ and in the 3 GHz Band
ET Docket No. 02-380          

PETITION FOR RECONSIDERATION OF THE PUBLIC INTEREST SPECTRUM COALITION

On behalf of the Public Interest Spectrum Coalition (PISC)[1] and the Champaign Urbana Wireless Network ("Petitioners"), the Media Access Project and the New America Foundation submit the following Petition for Reconsideration of the Second Report and Order and Memorandum Opinion and Order in the above captioned proceeding.[2]

Petitioners applaud the Commission for its dedicated and determined work on this proceeding over a six-year period since the original Notice of Inquiry emerged from the Spectrum Policy Task Force process in late 2002.  Indeed, as a nonprofit coalition that has filed literally dozens of comments, reply comments, ex partes and engineering studies in the record of this proceeding since 2002, Petitioners appreciate firsthand the scrupulously fair and detailed process that was led by the staff of the Commission's Office of Engineering and Technology over that six-year period.

In its effort to address the objections of those opposed to any use of the broadcast white spaces, the Commission has adopted rules that impose needless costs on the new TV broadcast devices (TVBDs).  Certainly the Commission has a responsibility to protect licensees from harmful interference.  Where it can meet this statutory obligation in ways that maximize the utility of the new technology, it should do so.  Accordingly, PISC file this Petition for Reconsideration to facilitate the expeditious development and deployment of devices authorized in the Order under review. 

SUMMARY

PISC recommends the Commission reconsider the following aspects of its Second Report and Order and Memorandum Opinion and Order.

First, the Commission should reconsider requiring TVBDs relying on the geolocate/database method to sense wireless microphones and not transmit on channels where they are detected.  Sensing is not necessary when TVBDs are required to have regular access to the TV bands database. If the Commission requires sensing for wireless microphones, it should reconsider the beacon approach, which would be more accurate, voluntary for licensees and a better balance of compliance burdens.

Second, the Commission should reconsider the unitary power limit on fixed and mobile TVBDs operating on channels separated 12 MHz or more from a DTV signal frequency.  This limitation is clearly contrary to promoting more affordable wireless broad deployment in rural areas where Wireless Internet Service Providers (WISPs) could use this fallow white space spectrum to operate at power levels substantially above 4 watts EIRP - and do so without any risk of harmful interference to TV reception in areas where there are four, five, six or even more consecutive unassigned and available TV white space channels. 

Third, the Commission should reconsider and clarify that it will certify one or more nonprofit database administrators; not preclude the separation of the data repository and device query service functions; and require that the database provide estimated signal strength data by channel and location.   We recommend further:

• The Commission should clarify that all information compiled in the TV bands database repository be fully transparent to the general public online and a matter of public record.
• We urge a preference for a nonprofit database as most likely to maintain a fair and reasonable fee structure. At a minimum, the Commission should ensure that to the extent feasible, fees are limited to modest, one-time charges that can easily be incorporated into the retail price of the device.
• The Commission should reconsider and clarify that the TV band database will be capable of reporting not only queried channel availability, but also estimated signal strength data on adjacent and surrounding channels.
• The Commission should clarify that the database administrator(s) are permitted to compile and provide information concerning the status of other frequencies, in addition to the TV band frequencies.

Fourth, the Commission should reconsider the reservation of two additional UHF channels above 21 for intermittent wireless microphone users in markets with PLMRS/CMRS operations. 

Fifth, the Commission should reconsider the overly burdensome process the order imposes on the certification of TVBDs relying on spectrum sensing and the maximum EIRP of these devices.  Specifically we recommend the Commission:

• Eliminate the public notice requirement for proposed test procedures and methodologies for each submitted device and instead develop a set of standardized test procedures and methodologies for certifying all TVBDs that rely on spectrum sensing.
• Rather than impose the unnecessary burden and delay of separate public comment on the application and the results of the test report, the Commission should streamline the process and combine the two public notice requirements. 
•  Reconsider the maximum EIRP for TVBDs that rely on spectrum sensing.  It would be more logical and better serve the public interest to allow the devices to be certified to operate at transmit powers above 50 mW if they prove the device can do so without causing harmful interference. 

Sixth, the Commission should reconsider protecting low-power TV based on the service contours of full-power TV.  To address any concerns with regard to specific situations that may arise, the Commission could create a process wherein LPTV, Class A, translators, and booster stations receive expanded protection in the database, but only by demonstrating to the Commission the number of viewers outside the currently protected signal contours that would be harmed by the potential interference from TVBDs to be granted the extended contour protection.

Seventh, the Commission should reconsider limiting fixed TVBDs on channels 5-20 to communication with other fixed devices and permit controlled client devices.    

Finally, the Commission should eliminate any "professional installer" classification, and allow anyone to enter the coordinates for fixed devices without the need for internal geolocation capabilities. 

To read the full Petition, please download the attached PDF file below.  

[1] PISC is an unincorporated ad hoc coalition of non-profit organizations with a membership consisting of the following, in alphabetical order: The CUWiN Foundation (CUWIN), Common Cause, Consumer Federation of America (CFA), Consumers Union (CU), EDUCAUSE, Free Press (FP), Media Access Project (MAP), the New America Foundation (NAF), the Open Source Wireless Coalition (OSWC), Public Knowledge (PK), and U.S. PIRG.

[2]  Second Report and Order and Memorandum Opinion and Order, FCC 04-260, adopted Nov. 4, 2008 (hereinafter Second R&O/MO&O).  Rules adopted in this proceeding were published in the Federal Register Feb. 17, 2009. See 74 Fed. Reg. 7314 (Feb. 17, 2009). This petition is filed pursuant to Section 1.429(d).