OET Extends Push Notification Rule Waiver
On June 20, 2017, the Federal Communications Commission's Office of Engineering and Technology (OET) issued an Order extending the waiver of push notification requirements codified in Sections 15.37(j) and 15.711(i) of the Commission's rules (47 CFR §§ 15.37(j) and 15.711(i)). The waiver applies to fixed and Mode II personal/portable white space devices and white space database administrators.
The previous waiver, granted under ET Docket No. 14-165 and GN Docket No. 12-268, was scheduled to expire on June 23, 2017. Under the new Order (DA 17-591), the waiver remains in effect through September 30, 2017, or until the Commission takes final action addressing pending petitions for reconsideration concerning these rule sections, whichever occurs earlier.
Regulatory Background and Push Notification Mandates
The Commission adopted modified rules for unlicensed white space operations in TV bands, the 600 MHz band, guard bands, duplex gap, and channel 37 in the Part 15 Report and Order released on August 11, 2015. Alongside retaining the requirement that white space devices check a database daily, the FCC mandated a push notification mechanism to protect licensed wireless microphones from interference.
Under the push notification framework established in the 2015 Report and Order, database administrators receiving requests for licensed wireless microphone channel access must share registration data with other administrators within 10 minutes. Administrators must then push changes in channel availability to fixed and Mode II personal/portable white space devices within 20 minutes, identifying alternative available channels.
- White space device certification applications filed starting June 23, 2016, were required to incorporate push notification capabilities.
- Importation and marketing of devices lacking push capability were slated to end by September 23, 2016.
- Previously approved devices without push notification were scheduled to cease operation by December 23, 2016.
- White space database administrators were required to implement push notification systems by December 23, 2016.
Petitions for Reconsideration and Continued Interference Protection
Multiple stakeholders, including Google Inc. and the National Association of Broadcasters (NAB), filed petitions for reconsideration highlighting technical and practical implementation difficulties with the push notification framework. Microsoft Corporation also filed responsive pleadings. Because these petitions remain under active consideration by the Commission, OET found good cause to extend the waiver without prejudice to the merits of the underlying arguments.
The extension allows manufacturers to continue marketing previously approved white space devices and permits end users to keep operating them. OET emphasized that licensed wireless microphones will continue to receive interference protection because all approved white space devices must comply with the mandatory requirement to re-check the white space database at least once per day pursuant to 47 CFR §§ 15.711(c)(2)(iii) and 15.711(d)(4).