Order and Waiver Extension Details
On September 15, 2017, the Federal Communications Commission's Office of Engineering and Technology (OET) released an Order (DA 17-900) extending a previously granted waiver of the push notification requirements under 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 databases.
The previous waiver was scheduled to expire on September 30, 2017. Under the new Order, the waiver is extended through March 31, 2018, or until the Commission takes final action on pending petitions for reconsideration in ET Docket No. 14-165 regarding these specific rule sections, whichever occurs earlier.
- Order DA Number: DA 17-900
- Dockets: ET Docket No. 14-165, GN Docket No. 12-268
- Adopted and Released Date: September 15, 2017
- Bureau: Office of Engineering and Technology
- New Expiration Date: March 31, 2018, or upon final Commission action on relevant reconsideration petitions
Regulatory Background and Push Notification Rules
On August 11, 2015, the Commission released the Part 15 Report and Order in ET Docket No. 14-165 and GN Docket No. 12-268. This decision adopted modified and new regulations for white space devices and unlicensed wireless microphones operating in the television broadcast bands, the repurposed 600 MHz Band, 600 MHz guard bands, duplex gap, and channel 37.
Under existing rules designed to prevent interference to protected services—such as licensed wireless microphones—fixed and Mode II personal/portable white space devices must check an authorized database at least once per day to obtain current lists of available channels. In the Report and Order, the Commission also established push notification requirements. Under these rules, when a database administrator receives a request for channel access for licensed wireless microphone use, administrators must share the registration information among themselves within 10 minutes and push updated channel availability notifications to fixed and Mode II devices within 20 minutes.
- White space device certification deadline: Applications filed beginning June 23, 2016, were required to incorporate push notification capabilities (no manufacturers applied after this date).
- Marketing deadline: Devices imported or marketed beginning September 23, 2016, were required to incorporate push notification capabilities.
- Operational deadline: Previously approved white space devices without push notification capabilities were to cease operation no later than December 23, 2016.
- Database implementation deadline: White space database administrators were required to update systems to implement push capabilities no later than December 23, 2016.
Petitions for Reconsideration and Rationale for Extension
Following the adoption of the push notification requirements, multiple industry parties—including Google Inc., the National Association of Broadcasters (NAB), and Microsoft Corporation—filed petitions for reconsideration or responsive pleadings citing technical and operational difficulties in implementing the push framework.
Recognizing the complexity of these technical challenges, the Commission initially waived the requirements, setting an expiration date that was subsequently extended to September 30, 2017. Because the petitions for reconsideration remain under active review, OET determined that good cause exists to grant an additional extension without prejudice to the merits of the underlying petitions.
The extension ensures that manufacturers may continue marketing previously approved white space devices and that end users may continue to operate them without interruption. Protection for licensed wireless microphones remains intact through the mandatory at-least-once-daily database re-check requirement.
- Statutory authority cited: Sections 302, 303(e), and 303(r) of the Communications Act of 1934, as amended (47 U.S.C. §§ 302a, 303(e), 303(r)), and delegated authority under 47 CFR § 0.241(a)(3).
- Signatory: Julius P. Knapp, Chief, Office of Engineering and Technology.