Federal Communications Commission DA 19-960 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Amendment of Part 15 of the Commission’s Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37, and Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions ) ) ) ) ) ) ) ) ) ) ET Docket No. 14-165 GN Docket No. 12-268 ORDER Adopted: September 25, 2019 Released: September 25, 2019 By the Chief, Office of Engineering and Technology: 1. By this Order, we extend through March 31, 2020 a waiver of the push notification requirements in sections 15.37(j) and 15.711(i) of the Commission’s rules 47 CFR §§ 15.37(j), 15.711(i). that was initially granted by Commission Order in these dockets. Amendment of Part 15 of the Commission’s Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37, Order, 31 FCC Rcd 13798 (2016) (Push Notification Waiver Order). The waiver, originally due to expire on June 23, 2017, is currently valid until September 30, 2019. Amendment of Part 15 of the Commission’s Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37, Order, 34 FCC Rcd 1942 (OET 2019). The waiver of the push notification requirement for fixed and Mode II personal/portable white space devices and white space databases is due to expire on September 30, 2019. In a push notification system, a white space database directs information on changes in channel availability to specific white space devices in an area. 2. On August 11, 2015, the Commission released the Part 15 Report and Order in the above-captioned proceeding. Amendment of Part 15 of the Commission’s Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37, Report and Order, 30 FCC Rcd 9551 (2015) (Part 15 Report and Order). The Part 15 Report and Order adopted new and modified rules for white space devices and unlicensed wireless microphones that operate in the TV bands and 600 MHz Band, and for white space devices that operate in channel 37. It also made changes to the rules for white space databases and adopted transition rules specifying dates by which white space devices, white space databases, and unlicensed wireless microphones must comply with the new requirements. 3. To prevent interference to protected services, including licensed wireless microphones, certain white space devices are required to check a database at least once a day to obtain a list of available channels at their operating location. 47 CFR §§ 15.711(c)(2)(iii), (d)(4). This requirement applies to fixed and Mode II personal/portable white space devices. In the Part 15 Report and Order, the Commission retained this requirement and decided to also require that database administrators push information about changes in channel availability information to white space devices in the areas where licensed wireless microphones will be used. Part 15 Report and Order, 30 FCC Rcd at 9662, para. 274. When a database administrator receives a request for access to channels for licensed wireless microphone use, the database administrators must share the licensed wireless microphone’s channel registration information among themselves within ten minutes and push information about changes in channel availability for fixed and Mode II personal/portable white space devices within 20 minutes of receiving it, identifying for the white space devices other available channels that could be used instead. White space devices for which a certification application is filed beginning June 23, 2016, or that are imported or marketed beginning September 23, 2016, were to incorporate a push notification capability. 47 CFR § 15.37(j). Previously approved white space devices that do not incorporate a push notification capability were to cease operation no later than December 23, 2016. Id. In addition, the white space database administrators were to update their systems to implement push notification capabilities no later than December 23, 2016. 47 CFR § 15.711(i)(3). 4. Several parties filed petitions for reconsideration of the push notification requirements adopted by the Commission, arguing that there are a number of difficulties in implementing them. Google Inc. Petition for Reconsideration, ET Docket No. 14-165, at 1 (filed Dec. 23, 2015), https://ecfsapi.fcc.gov/file/60001390176.pdf (Google Petition); Petition for Reconsideration of the National Association of Broadcasters, ET Docket No. 14-165, at 5 (filed Dec. 23, 2015), https://ecfsapi.fcc.gov/file/60001390495.pdf (NAB Petition); Response and Opposition to Petitions for Reconsideration of Microsoft Corporation, ET Docket No. 14-165, at 13 (filed Feb. 29, 2016), https://ecfsapi.fcc.gov/file/60001524524.pdf (Microsoft Opposition). Given the complexity of the issues, the Commission determined that there was good cause to grant a waiver of the requirements in sections 15.37(j) and 15.711(i) and that the waiver would remain in effect for 180 days or until the Commission took a final action addressing the petitions for reconsideration of the push notification rules. Push Notification Waiver Order, 31 FCC Rcd at 13800, para. 5. The waiver has subsequently been extended and is currently valid until September 30, 2019. Supra note 2. Because the petitions for reconsideration remain under active consideration, the reasons supporting the original waiver remain valid and a further time extension is warranted. On March 20, 2019, the Commission issued a Report and Order and Order on Reconsideration that addressed certain issues raised in petitions for reconsideration of the Part 15 Report and Order but did not address the push notification issue. Amendment of Part 15 of the Commission’s Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37, Report and Order and Order on Reconsideration, 34 FCC Rcd 1827 (2019). This action is being taken without prejudice relative to the merits of these petitions. 5. This action will ensure that manufacturers may continue to market previously approved white space devices, and that users may continue to operate them. The ability of all approved white space devices to satisfy the at-least-once-daily database re-check requirement will ensure that wireless microphones will continue to receive interference protection from white space devices. Supra note 4. 6. Accordingly, pursuant to the authority delegated to the Office of Engineering and Technology under section 0.241(a)(3) of the Commission's rules 47 CFR § 0.241(a)(3). and sections 302, 303(e), and 303(r) of the Communications Act of 1934, as amended 47 U.S.C. §§ 302a, 303(e), 303(r). , IT IS ORDERED that sections 15.37(j) and 15.711(i) of the Commission’s rules 47 CFR §§ 15.37(j), 15.711(i). , ARE WAIVED until March 31, 2020 or until the Commission takes final action on the petitions for reconsideration in ET Docket No. 14-165 with respect to these rule sections, whichever comes earlier. 7. IT IS FURTHER ORDERED that the effective date of this Order IS THE DATE upon which this Order is released by the Commission. FEDERAL COMMUNICATIONS COMMISSION Julius P. Knapp Chief, Office of Engineering and Technology 3