FCC Approves Final Rules for Broadband in the TV White Spaces

One major step remains -- the Office of Engineering and Technology must finalize rules for a geolocation database. OET will do this on delegated authority and not have to ask the full commission to sign off, as had been requested by broadcasters. Some white spaces advocates said the FCC could still hobble the market if it makes the wrong policy calls in this area.

Genachowski said the order is more significant in many ways than the commission’s order 25 years ago that approved unlicensed use of the spectrum now used for Wi-Fi. “As compared to the airwaves we released for unlicensed use in 1985, this white spaces spectrum is far more robust -- traveling longer distances and through walls,” Genachowski said. By acting before the rest of the world, the FCC is giving U.S. companies a head start in meeting the needs of this market, he said: “U.S. companies have already invested in research and development of super Wi-Fi technologies. Now they can take this technology out of the labs and onto the market."

As expected, the FCC will allow the use of devices that rely on a nationwide database to use the band rather than requiring that they also contain “sensing” technology to determine that channels are unoccupied, a major win for white spaces advocates (CD Sept 3 p1). It opens the door for devices that instead rely on sensing as the technology develops, which industry officials said could happen quickly.

The order sets aside two channels for wireless microphones nationwide, enough for 12-16 mics in a given location, and allows organizers of major events from Broadway shows to sporting events to register in the nationwide database in advance seeking protection, a concession to wireless mic makers and users and to broadcasters. But the rules are strict, requiring organizers to examine all available channels, VHF and UHF, before they register in the database.

Devices would have to check the database once per day -- less frequently than the timeframe sought by broadcasters. The order, as expected, turned down a request by the WISP Association for higher tower limits in rural areas.

The order also commits the FCC to looking more closely at licensed backhaul in the white spaces in rural America by year end, a partial win for the FiberTower-led coalition that sought use of the spectrum (CD Sept 23 p1). The original order denied the group’s petition.

"It’s been a long time coming, but it looks like white spaces’ time has indeed come,” said Michael Copps, with Robert McDowell one of the two commissioners on the FCC when the order was adopted in 2008. “This is a truly major step to make more spectrum available for wireless broadband. … We finally resolve the difficult questions and set ourselves on a course to unleash the tremendous potential of the white spaces."

Copps said FCC staff deserve credit for asking the right questions and conducting the tests that show the white spaces can be safely used for broadband. “Unlicensed spectrum is no longer just about garage door openers, and it is the type of clever, outside-the-box thinking demonstrated here that is exactly the kind of thinking that the United States needs to encourage if it is to continue to lead in technology innovation,” he said. The proceeding was launched under former Chairman Michael Powell eight years ago.

The white spaces formula of unlicensed spectrum, unlimited potential applications and continued development of advanced smart technologies “illustrates another reason why neither open access nor net neutrality rules need be mandated,” McDowell said. “The ubiquitous availability of white spaces provides consumers a competitive alternative to existing broadband providers, an additional check against potential anti-competitive mischief, and a means to relieve spectrum congestion in licensed bands."

Commissioner Meredith Baker said she hoped OET will wrap up work on the database quickly. “A robust, reliable and secure database is critical,” she said. Baker also said companies should continue work on devices that use sensing technology. “Finally, it is important that we address additional proposals to set aside TV channels in rural areas for fixed licensed backhaul in the very near future,” she said. “The ability of both new and incumbent wireless providers to provide 4G wireless services ubiquitously is dependent upon a robust wireless infrastructure that is too often lacking in rural areas."

Sascha Meinrath, director of New America Foundation’s Open Technology Initiative, said the order is a good next step, but white spaces advocates should remain cautious. “Many details still need to be resolved that may determine whether TV white space technologies are viable or dead on arrival,” he said.

Companies are eager to build white spaces devices and the order provides “a clear signal to go ahead and get started,” said Public Knowledge Legal Director Harold Feld. Some details remain unresolved and incumbents will likely press for further limits on this technology, he said: “We hope the FCC will give the technology the maximum flexibility to reach its potential and not burden the spectrum with requirements that would restrict its reach and usefulness. Any FCC rules should of course use caution, but not undue caution, in protecting incumbents."

"As more people access information via mobile and other intelligent devices, additional strain is being put on existing wireless networks,” said Craig Mundie, Microsoft chief research and strategy officer. “With this vote, the commission is taking a forward-looking view of how to optimize spectrum allocation by capitalizing on evolving technologies.” With approval of the order, “technology companies will be able to develop new applications that tap into the potential of white spaces networks,” he said.

Sens. John Kerry, D-Mass., and Olympia Snowe, R-Maine, said they were pleased the FCC had approved the white spaces order, as they had urged in a June letter. “Releasing unused spectrum is a sure-fire way to promote innovation and provide low-cost Internet to folks in Western Massachusetts and across the country,” Kerry said.

"Today is a good day for innovators, and a bad one for fear mongers,” said Matt Wood, associate director of the Media Access Project. “The modified rules adopted today will encourage smart radio device manufacturers to develop innovative new technologies that have already shown potential to support robust wireless Internet networks. They also provide adequate and balanced protections for legitimate users of the airwaves."

"We are disappointed that the FCC has decided to defer action at this time, but we are pleased that the staff is planning to complete its analysis before year-end,” said the FiberTower-led coalition that has been promoting use of the band for wireless backhaul. “The FCC’s Rural Broadband Report to Congress, the National Broadband Plan, and the [Government Accountability Office’s] recent report to Congress all identified the key need for more affordable backhaul options, especially in rural areas.”