TV White Space/TVBD R&O
Publication in Federal Register
(Expected) This Week

Remember the classic cartoon of the little boy sitting on the toilet with the caption that says "The job isn't finished until you complete the paperwork"? Well the same is true at FCC. The saga of Docket 04-186:

Event	Date
R&O Approval	11/4/08
Release of text	11/14/08
Release of Errata	1/4/09
FR Publication	2/18/09 ??

As a public service, I am giving a link to my interpretation of the Errata showing how it changed the original rules. Note there is no guarantee that the FR version of the new rules are the same as what I estimate they should be and the FR version is binding.

The publication will start a clock for the effective date of the new rules and will also open the door for appeals. It is expected that the broadcasters, perhaps together with their fellow travelers/odd companions at Shure, will not ask the FCC for reconsideration but will go directly to an obscure federal court thought to be supportive of vested interests. Others are expected to ask FCC directly for reconsideration of the details of the decision.

So don't expect TVBDs at your local Radio Shack in the next month or two.

UPDATE - Published 2/17/09
74 FR 7314,7332
(Citation is a link)

2nd UPDATE
Silicon Valley Mercury News reports that NAB & MSTV filed appeal on 2/27 in U.S. Court of Appeals for the D.C. Circuit.

FCC Adopts Initial TV White Space Rules


FCC acted today to adopt rules to allow unlicensed use of unused TV spectrum as proposed 4 years ago in Docket 04-186. In doing so, it clearly rejected the pleas of the broadcast establishment that stated,

"The Commission’s apparent plan to move forward with future decisions to approve or disapprove sensing-only devices is a mistake of science, proper procedure, and public policy."

The Broadcasting & Cable BC/DC blog lamented

"Broadcasters argue the tests did not support the conclusion reached and want the FCC to put off a vote until the public can comment on its conclusion. But that horse appears to have already left the barn."

It also rejected the cellular establishment's demand of this spectrum for their use on a licensed bases.

In the battle between the "new economy" and the "old economy", represented by the TV broadcasters whose over-the-air viewing audience is small and shrinking, the Commission basically sided with the new economy and innovative technology. This is also the first implementation of a major Spectrum Policy Task Force Recommendation.

The decision is a complex compromise and the details were only briefly described in the meeting which can be reached by clicking the above picture of OET Chief Julius Knapp and primary author Hugh van Tuyl.

Comm. Adelstein stated at the meeting, "White spaces are the blank pages where we will write our broadband future."

I will give the link to the decision text here when it is released:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-260A1.pdf

NY Times coverage

Like the Presidential Election,
TV White Space Will be Resolved Nov. 4

(At least for now)

Barring a last minute reversal, tomorrow FCC will vote on the Docket 04-186 proposals for unlicensed use of TV "white space" - the inevitable unused spectrum between TV transmitter assignments. The above NY Times article summarizes the basic issues although it oddly forgets to mention that much of the spectrum use favored by Ms. Parton happens to be illegal under present FCC Rules.

Hope fully, FCC has learned from its devastating court defeat in the BPL proceeding and will "dot the i's" in the decision so both sides don't have to go through the uncertainty of a court review and can focus on providing service to the public without harmful interference.