137. Decision. We decline to set aside TV channels for fixed licensed backhaul use as requested by FiberTower at this time. As indicated above, the Broadband Action Agenda recently indicated an intention that the Commission initiate rule making proceedings to increase spectrum efficiency and innovation in various frequency bands292 including the broadcast TV spectrum.293 We intend to consider FiberTower's requests for spectrum for fixed licensed backhaul to support broadband services in the broader context of these future proceedings in order to better ensure a comprehensive approach to wireless rural backhaul in these bands. We disagree with FiberTower's contention that we should not delay in addressing its request for access to the TV bands because it would be impossible for the Commission to authorize licensed uses after unlicensed devices occupy the TV bands. Both fixed and personal/portable devices are to rely on a TV bands device database as their primary method for determining available channels. If the Commission makes changes to the rules concerning permissible channels of operation, imposes geographic area restrictions or makes other changes to the technical parameters for TV bands devices, these will be taken into account by the database administrator in determining available channels for TV bands devices. Therefore, any TV bands device that operates on a channel that is later designated for another use would cease operation on that channel after it performs its daily database check and the database indicates that the channel is no longer available for use. As we move forward, however, we are interested in pursuing the question of whether we can accommodate licensed rural backhaul in the white spaces within the UHF bands. Therefore, Commission staff will evaluate this possibility over the coming months, and will formulate and submit a recommendation on next steps to the Commissioners by the end of 2010.
289 For example, see Community Broadcasters opposition at 3, Dell/Microsoft opposition at 18, Google opposition at 19, PISC opposition at 2, and SBE opposition at 12. WISPA believes that wireless backhaul could be implemented in the white spaces by allowing 20 watts transmitter power in rural areas rather than reserving 36 megahertz of spectrum as requested by FiberTower and others. WISPA opposition at 12. As discussed above, we decline to increase the power limit for fixed TV bands devices. Respectively, Rick Harnish Executive Director WISPA 260-307-4000 cell 866-317-2851 WISPA Office Skype: rick.harnish. rharn...@wispa.org
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