Pilot, the new tech arm of the National Association of Broadcasters is teaming up with Google News to help TV and radio stations navigate the online advertising world, given the phase-out of third party cookies.

Broadcasters elsewhere have taken issue with Google over use of "white spaces" between TV channels and what broadcasters say have been edge giants' failure to sufficiently compensate them for aggregating and selling against their valuable content, but they are clearly looking for some expertise in online advertising wherever they can get it and Google has a ton.

NAB said 10 member companies are participating in the first phase of the six-month program, which launched with a meeting last month.

Broadcasters are looking for some online ad education, as well as how to implement first-party data and direct-to-consumer business models.

Broadcasters can use that expertise now, with their station websites, and in the future when the ATSC 3.0 transmission standard allows for interactivity and targeted advertising.

Broadcasters said they want to protect both user privacy and the ongoing and growing business of digital publishing.

"Implementing new strategies to enhance first party data and audience engagement, especially those to better serve local audiences, are vital across all broadcaster platforms," said Beth Grossman, head of revenue strategy, local broadcast news at Google.

One of the fruits of the program will be a report commissioned from Borrell Associates, that will put together strategies in use by broadcasters or available to them, said NAB. ■

The Federal Communications Commission has voted to deny a petition by broadcasters to reconsider its authorization of one of the former database administrators for the TV white spaces, Nominet UK which has since sold its database management tech to  RED Technologies). White spaces are spectrum in the TV band between channels that the FCC is allowing for unlicensed use.

FCC chair Jessica Rosenworcel had signaled the agency would vote at its January 27 meeting to reject the petition, but the vote came early and was released Wednesday (January 26).

Database managers are supposed to make sure that unlicensed signals do not interfere with incumbent TV stations by providing a list of available channels to white spaces devices.

The National Association of Broadcasters, which was never a big fan of the white spaces regime, argued in its petition that Nominet’s database contains “numerous” errors — which could lead to interference with TV-station signals — and that it should be decertified until the errors are corrected.

Nominet countered that the errors were due to difficulties importing data from the FCC and it had “immediately” corrected the problem. The FCC was apparently assuaged.

“We find that the database errors discovered by NAB, which were immediately corrected by Nominet, are not grounds to revoke the designation of Nominet as a white space database administrator,” it said in denying the petition.

The FCC thanked NAB for its input, but suggested it was “no harm, no foul.”

“While we are denying NAB’s petition, we underscore that we appreciate NAB bringing these concerns to the attention of the commission and Nominet so that the errors could be remedied,” the order said. “However, we do not believe that these errors show any fundamental deficiency on the part of the database administrator but appear to be the result of issues related to the Commission’s transition from the CDBS [its consolidated database system] to the LMS [licensing and management system] combined with an inadvertent failure by Nominet to include all of the latest updates in its final version of the database.”

NAB had not been pressing the petition given that Nominet had sold its database to RED Technologies  ■

The FCC is proposing to deny a petition by broadcasters to reconsider its authorization of one of the database administrators for the TV white spaces -- Nominet UK (now RED Technologies). The white spaces are spectrum in the TV band between channels that the FCC is allowing for unlicensed use.

Database managers are supposed to make sure that unlicensed signals do not interfere with incumbent TV stations by providing a list of available channels to white spaces devices.

The National Association of Broadcasters, which was never a big fan of the white spaces regime, argued in its petition that Nominet's database contains "numerous" errors -- which could lead to interference with TV station signals -- and that it should be decertified until the errors are corrected.

Nominet countered that the errors were due to difficulties importing data from the FCC and it had "immediately" corrected the problem.

According to a draft of a decision teed up for the FCC's January public meeting, the FCC says it agrees with Nominet: "We find that the database errors discovered by NAB, which were immediately corrected by Nominet, are not grounds to revoke the designation of Nominet as a white space database administrator."

It noted that Nominet was the first administrator who had to use a new commission system rather than the "older, well understood" one.

The FCC also pointed out that since NAB's 2019 petition was filed, it has taken steps to improve the accuracy of the data in the white spaces databases to minimize the potential for harmful interference. ■

National Association of Broadcasters deputy general counsel Patrick McFadden has fired back at computer giant Microsoft after the latter petitioned the FCC to change a ruling allowing broadcasters to expand the reach of their new ATSC 3.0 Next Gen TV transmission standard. 

In a blog post Tuesday (May 25), McFadden took aim at Microsoft's Airband initiative, the tech company’s effort to use the unlicensed so-called white spaces between TV channels. Microsoft argued that allowing broadcasters to expand their reach via distributed transmission systems (DTS) would hurt Airband by reducing the available broadcast spectrum for unlicensed use.

Also Read: NAB Tells FCC No More Handouts for Failing Experiment 

In its running battle with Microsoft over use of the airwaves, NAB has already argued that using white spaces for broadband is already something of a history of a campaign that failed and McFadden tried to put an exclamation point on that argument after Microsoft's petition. 

He pointed out that Microsoft has already been urging the FCC to change the white spaces rules to allow for use of channels closer to those of TV stations, which NAB argues will increase potential interference. "Even more remarkably," he wrote, "they are also seeking to overturn rules the Commission recently adopted to further the deployment of Next Generation TV services and improve service to television viewers, effectively constraining broadcasters from offering services broadcasters are actually currently deploying [in order] to protect Microsoft’s ability to offer theoretical services. (At some point. Maybe.)" 

Also Read: Tech Groups Say Signal Spill-Over Should Be Deemed Unlicensed 

The number of FCC filings from Microsoft and its allies will soon top the number of functioning white spaces devices (about 800, NAB said), McFadden quipped, then added: "At some point, preferably before we dedicate more regulatory time and energy to this particular science fair project (and let’s not forget that companies like Microsoft pay zero regulatory fees to the FCC), it would be nice to see something — anything really — come of the Commission’s previous efforts."

In a victory for broadcasters, the FCC has decided not to reserve a vacant TV channel in each market for unlicensed white spaces devices and wireless microphones and has terminated a five-year-old item that would have mandated that channel reservation.

The FCC issued a report and order Tuesday (Dec. 8) declining to adopt the 2015 Notice of Proposed Rulemaking that had been pushed by Google, and instead killing the item.

The rules, proposed under chairman Tom Wheeler, would have required TV broadcasters to demonstrate that their requests for new or modified facilities in the post broadcast incentive auction repack would not eliminate the last vacant UHF channel in the market (technically within the station's protected contour).

But the Pai FCC concluded that while it continues to support use of white spaces devices and wireless mics and their important functions, "other actions we have taken during the years since the rules were proposed, coupled with the increased burden that the 2015 proposal would place on the use by broadcasters of
spectrum in the more consolidated TV band that now exists following the Incentive Auction, we find that the rules proposed in the 2015 NPRM would not serve the public interest."

Commercial and noncommercial broadcasters, including ABC, CBS, NBC, Fox, and PBS< had urged the FCC to pull the plug on the item, arguing that it ran counter to the general precedent for favoring licensed over unlicensed services and because losing the channel could hinder their efforts to provide new offerings using the ATSC 3.0 transmission standard.

The National Association of Black Owned Broadcasters also opposed the vacant channel proceeding, arguing that it could potentially harm African American and other minority TV station ownership by foreclosing a new broadcast channel—-perhaps minority owned—-in those markets.

While wireless mic backers asked the FCC to go ahead and reserve the channel as originally planned, the NAB said the docket needed to be closed.

The FCC has voted to approve a rulemaking opening up more TV white spaces spectrum between channels in the TV band and for higher powered wireless broadband devices, saying it is doing so while still protecting those TV station signals from potential interference.

The item, which was approved unanimously, is based on a petition by Microsoft for more spectrum and an agreement between the computer company and the National Association of Broadcasters on how to do that while protecting incumbent broadcasters.

Related: FCC to Vote on White Spaces Rural Broadband Item

The FCC also approved a further notice of proposed rulemaking (NPRM) asking how to determine if/where more TV channel spectrum white spaces can be freed up for wireless broadband.

Broadcasters scored a victory in the debate with Microsoft over how the FCC should allow for more unlicensed broadband in the so-called white spaces between TV channels. The FCC had signaled it wanted to allow more flexible use of the TV band by broadband providers, pushed by Microsoft--which petitioned for the changes Airband initiative to use white spaces spectrum to extend rural broadband access. Advancing rural broadband is an avowed priority for FCC chairman Ajit Pai.

Related: Microsoft Says Airband is On Track

Given that the FCC was likely to have the votes to expand unlicensed use, the National Association of Broadcasters worked with Microsoft on the compromise, but allowing higher-powered unlicensed device use on channels adjacent to TV channels, had been the sticking point. NAB opposed it while Microsoft backed that use.

The FCC eventually decided not to allow that higher powered use "at this time." It also said it would not change the methodology it used to protect authorized services--licensed TV broadcasters--from unlicensed signal interference, though the FNPRM asks whether and how it might do that in the future. 

Pai said the FCC had to use every tool in the toolkit to expand wireless broadband, including TV white spaces, which it first opened up in 2008. He said that by "threading the needle"--the item, among other things, creates new classes of devices that can operate at higher powers, without hurting the primary users of the band--TV stations. "Not bad for a day's work...after a dozen years," he joked. 

“NAB thanks the FCC for approving an order that would provide greater flexibility for white spaces operations without undermining the fundamental principle that these operations must not cause interference to licensed services, such as radio and TV stations," said NAB EVP Ann Marie Cumming. "We commend the Commission staff for their hard work on this item and their commitment to a consensus-based approach.”

“Today’s vote by the FCC is a victory for those across the country whose lives have been made more difficult from lack of access to a reliable internet connection," said the Consumer Technology Association, a longtime supporter of opening up more white spaces. "Leveraging TV White Spaces for broadband use is an innovative solution that will help families across the United States live better lives—from better access to remote work and education to life saving digital health services and more."

"WISPA commends the FCC’s action today to promote more efficient use of spectrum in TV White Spaces," said the Wireless Internet Service Providers Association. "This action will help wireless consumers see more innovation and competition, while also decreasing the digital divide by making spectrum “infrastructure” more useful and plentiful.

"With the TV White Space Order, the FCC increased the maximum radiated power from 10 to 16 watts EIRP and boosted height above average terrain from 250 meters to 500 meters.  These changes will expand TVWS service use, helping the ecosystem create more solutions for the band which will greatly improve the band’s commercial development and deployment." 

“We applaud Chairman Ajit Pai and the members of the Federal Communications Commission (FCC) for taking this important step to clear regulatory barriers to innovation to help bridge the digital divide,” said Connect Americans Now executive director Richard Cullen. CAN is a big proponent of the white spaces expansion. “We commend the FCC for demonstrating a bipartisan commitment to maximizing spectrum resources to expand broadband connectivity, a critical need for millions of Americans made more urgent by the pandemic.”

Broadcasters have scored a victory in the debate with Microsoft over how the FCC should allow for more unlicensed broadband in the so-called white spaces between TV channels.

The FCC had signaled it wanted to allow more flexible use of the TV band by broadband providers, pushed by Microsoft--which petitioned for the changes Airband initiative to use white spaces spectrum to extend rural broadband access. Advancing rural broadband is an avowed priority for FCC chairman Ajit Pai.

Related: FCC to Vote on White Spaces Rural Broadband Item

Given that the FCC was likely to have the votes to expand unlicensed use--the Democratic commissioners historically support expanded unlicensed use, the National Association of Broadcasters have worked with Microsoft on a compromise on four of five big relevant issues, but the fifth, allowing higher-powered unlicensed device use on channels adjacent to TV channels, had been the sticking point. NAB opposed it while Microsoft backed that use.

According to a draft of the item to be voted at the FCC's October public meeting, the FCC declined, "at this time to allow higher power operation by white space devices when operating within the service contour of an adjacent channel TV station." It also said it would not change the methodology it used to protect authorized services--licensed TV broadcasters--from unlicensed signal interference. 

While Microsoft and broadcasters had come to some meeting of the minds on other issues, the computer company remained opposed to broadcasters retaining the first channel adjacent to a TV station's channel as a buffer between stations and unlicensed users, something broadcasters said they need to protect against interference, certainly in the near term. 

The FCC has given them that near-term buffer. 

“The draft order would provide greater flexibility for white spaces operations without undermining the fundamental principle that unlicensed operations must not cause interference to licensed services," said NAB spokesperson Ann Marie Cumming. "We commend the Commission staff for their hard work on this item and their commitment to a consensus-based approach.”

The FCC will vote at its October meeting to expand the use of the "white spaces" between TV channels for rural broadband, something Microsoft has been pushing and broadcasters have some issues with.

Related: Microsoft Pushes FCC on White Spaces Expansion

According to FCC chairman Ajit Pai, the "targeted changes" will protect TV broadcasters while allowing for greater broadband coverage in rural and unserved areas.

He said it will also allow for the development of "new and innovative narrowband Internet of Things devices in TV white spaces."

It has been more than a year since the FCC put its white spaces agenda on hold while encouraging Microsoft and broadcasters to hash out a spectrum-sharing agreement for wireless broadband. At that time, Pai (during Congressional testimony) cited the “tricky” technical and policy matters the agency needs to address even as Microsoft and TV stations try to find a middle ground on the band’s use.

Microsoft and NAB ultimately agreed on four of the computer company's five proposals, the holdout being the use of high-power on adjacent-channel issue, which Microsoft continues to push for and the NAB to push against.

New America's Open Technology Institute, joined by Public Knowledge, has told the FCC that broadcasters invocation of their licenses to defend allowing them to extend their broadcast signals to the edges, and perhaps beyond, of their markets is off base. 

OTI and company are big backers of using the "white spaces" spectrum between TV stations for wireless broadband, with OTI funder Microsoft heavily engaged in that effort. The more of that spectrum broadcasters get to use for TV, the less is available for wireless broadband, and there's the rub.

Related: NAB, APTS Say Unlicensed Have No Use Rights

Broadcasters argue that extending their reach through distributed transmission systems (DTS) is a public interest use of the licensed spectrum, and that unlicensed white spaces users must always give the right of way to licensed use, a point they made to the FCC this week in their own comments.

They have petitioned the FCC to allow them to use the smaller, on-channel DTS systems to improve viewers' reception of their licensed service, with any spillover beyond the edge of a market also in the public interest as broadcasters transition to the ATSC 3.0 transmission system that will allow for more targeted emergency alerts, interactivity, better pictures and sound, and potential broadcast internet offerings.

But OTI and Public Knowledge are pushing back hard, asking the FCC to deny the petition and saying it would be premature to relax limits on DTS spillover beyond a station's authorized service area. 

As to protecting broadcast spillover signals, they say the FCC rules already overprotect spillover and it should not compound the problem by giving them primary or even secondary rights. They agreed with Microsoft that the FCC should treat spillover signals as unlicensed, and thus not being able to assert interference protections over unlicensed white spaces transmissions.

Broadcasters are telling the FCC that Microsoft and Microsoft-funded groups have no leg to stand on when they oppose those broadcasters' request to use distributed transmission systems (DTS) to improve viewers' reception of their licensed service. 

The National Association of Broadcasters joined by America's Public Television Stations made that point clear in reply comments on their request to the FCC.  

Related: Broadcasters, Big Tech Battle Over DTS 

Taking a page from cellular buildouts, broadcasters want to be able to “densify” their broadcast networks with smaller transmitters distributed throughout their service areas. Tech firms argue that would be a “giveaway” that would take away from their ability to use TV “white spaces” (TVWS), the unused spectrum between channels, for wireless broadband. 

But NAB and APTS said that Microsoft "along with two organizations it funds, New America’s Open Technology Institute (OTI) and Public Knowledge have no claim to the spectrum that broadcasters want to use to service the public with new ATSC 3.0 broadcast transmissions that promise a wealth of new services and tech upgrades.  

The bottom line, they told the FCC, is that unlicensed users of the band "have no recognizable right to continue to operate on any particular frequency, must not cause harmful interference to any authorized service, and must accept harmful interference caused by any authorized service." 

They said the FCC itself made clear that unlicensed use "were not intended to limit future licensed use," including the expanded reach DTS configurations would allow for. 

Besides, they told the FCC, "widespread deployment of DTS operations is likely to create more opportunities for TVWS use – particularly in the rural areas OTI and Public Knowledge and their benefactor Microsoft claim to be of primary concern – because it can help reduce dependence on TV translators operating on different channels to reach difficult to serve areas." 

Broadcasters are telling the Federal Communications Commission it should confine its white spaces item to the narrow changes agreed to by the National Association of Broadcasters and Microsoft and not range into other, murkier areas where Loch Ness monsters and Sasquatches lurk to muck up the compromise.

That came in reply comments to the regulator's proposal to make those changes. Other commenters wanted it to make some more adjustments.

White spaces are the vacant spectrum between TV channels that Microsoft has been using to deploy rural broadband.

It has been more than a year since the FCC put its white spaces agenda on hold while encouraging Microsoft and broadcasters to hash out a spectrum-sharing agreement for wireless broadband. At that time, FCC chairman Ajit Pai (during Congressional testimony) cited the “tricky” technical and policy matters the agency needs to address even as Microsoft and TV stations try to find a middle ground on the band’s use.

Microsoft and NAB ultimately agreed on four of the computer company's five proposals, the holdout being the use of high-power on adjacent-channel issue, which Microsoft continues to push for and the NAB to push against.

RELATED: Microsoft Pushed for First Adjacent Channels

The NAB told the FCC this week that going beyond the limits of the compromise would dramatically expand or rewrite it so that there would be no guarantee of avoiding the harmful interference that is a nonstarter given that broadcasters are the primary, licensed users of the spectrum the FCC wants to share with unlicensed ones.

The trade group said “alternative propagation models, power increases and reduced coordination requirements” were some of the extraneous proposals offered up by commenters, proposals that could increase harmful interference.

For example, wireless internet providers want the FCC to allow ”professional installation“ to serve as establishing that directional antennas will avoid harmful interference to TV signals. The NAB calls that term ”an undefined and unreliable concept, as elusive as the Loch Ness Monster or Sasquatch.”

The NAB’s comments pointed to the checkered history of “professional installation” of white spaces devices translating to hundreds of incorrect, and perhaps fraudulent, entries in the white spaces database that is used to determine where unlicensed devices can operate without interfering with nearby TV signals.

The NAB said the FCC needs to proceed to adoption of the compromise proposals rather than delving into “novel, unsupported proposals [that] will only mire the proceeding in uncertainty and delay.”

The long-simmering proposal to use broadcast "white spaces" for rural broadband delivery using TV channels 2 through 35 will be on the Federal Communications Commission's next meeting agenda, opening a new way to supply a "critical role in providing broadband services to rural and underserved areas,” according to FCC chairman Ajit Pai, who unveiled the plan Wednesday (Feb. 5).

"The FCC has taken steps to enable the use of white spaces over the years, and this new proposal would further help bridge the digital divide while protecting TV stations," Pai said in a statement that unveiled his plan to introduce a Notice of Proposed Rulemaking at the FCC's Feb. 28 meeting.

The National Association of Broadcasters, which has been skeptical of white spaces plans since they were first proposed, quickly offered a conciliatory response.

“NAB appreciates the consensus-based approach the FCC is taking in this proceeding," said NAB executive VP of communications Dennis Wharton. "We look forward to working with the Commission and other stakeholders to develop final rules that will allow more flexibility for rural white spaces operations while protecting broadcasters.”

Pai's new proposal comes almost one year after the FCC put its white spaces agenda on hold while it encouraged Microsoft and broadcasters to hash out a spectrum sharing agreement for wireless broadband. At that time, Pai (during Congressional testimony) cited the “tricky” technical and policy matters the agency needs to address even as Microsoft and TV stations try to find a middle ground on the band’s use.

Microsoft, which originally proposed the rural broadband white spaces plan in 2017 had no immediate comment. When it first revealed its white spaces concept, the company cited a July 4, 2022, goal for the Microsoft plan to "close the rural broadband gap." At that time, Microsoft contended that a nationwide plan "could cost less than $12 billion" and be rolled out within five years. It cited analyses indicating that 80% of people who live in sparsely populated U.S. areas would benefit from such white spaces service via broadcast airwaves.

Pai's Plan Envisions Greater Reach in Rural Regions

Pai said his proposal will "increase the minimum required separation distances for white space devices operating at higher power" to protect other authorized services from interference. His plan calls for permitting higher transmit power and higher antennas for fixed white space devices in rural areas.

Such changes would allow white space devices to reach users at greater distances, enabling improved broadband coverage. Higher power would also enable signals to better penetrate foliage, buildings, and other obstacles. Pai's plan would also permit higher power mobile operations within geo-fenced areas.

The chairman pointed out that the NPRM envisions introduction of broadband technology that would facilitate the development of "innovative narrowband Internet of Things-based services."

Last month Microsoft told the FCC that wireless internet providers have been able to boost their throughput tenfold using TV white spaces. At a meeting between FCC and Microsoft executives, the company urged the Commission to move ahead with plans for a rulemaking that had been lingering since May 2019.

Related: Microsoft Pushes FCC To Act on White Spaces Petition 

Microsoft and NAB have reportedly come to an agreement on four of the five proposals in Microsoft's plan, but broadcasters still oppose a plan to authorize higher power operations on the first-adjacent channel to broadcasters licensed service.

In 2018 at congressional reauthorization hearings, Pai vowed that the FCC would be aggressive about freeing up TV band white spaces for rural broadband "if the facts warrant and the law allows it."

Most commissioners concurred at that time, although commissioner Michael O'Rielly said he would continue his support of unlicensed white spaces "but not at the expense of full-power broadcast channels."

Microsoft has asked the FCC to launch a notice of proposed rulemaking (an NPRM) on its proposed changes to the 2014 rules for allowing unlicensed use of the so-called white spaces between channels in TV's licensed spectrum. 

The computer company has filed a petition for rulemaking in hopes of getting action, pointing out that the National Association of Broadcasters, which has had lots of issues with potential white space device interference in the past, has said it can support some of those changes and signaled it was time for the FCC to get moving on proposing them and collecting comment. 

An NPRM will allow the FCC to get stakeholder input before making a final decision, but it gets that final decisionmaking process going. 

Microsoft has pitched the "white spaces" spectrum as crucial to closing the rural digital divide (Microsoft's Airband initiative) and handling and connecting more people to anTh increasingly connected world. "These changes will support the expansion and affordability of broadband service in rural communities and enable innovative use of White Space channels for narrowband Internet of ings (“IoT”) devices," it told the commission. 

"The 2014 Notice of Proposed Rulemaking [on white spaces] focused primarily on changes needed to ensure a smooth incentive auction," it told the FCC. The auction closed in April 2017, two years ago. The time is now right to address a limited number of refinements to the rules to promote further rural deployment." 

Specifically, Microsoft is officially asking the FCC to: 

1. "Permit fixed WSDs in the second-adjacent channel to broadcasters in less congested areas to operate at a higher radiated power limit, consistent with the methodology used in Section 15.712(a)(2)(iv); 

2. "Permit fixed WSDs to operate at greater than 40 mW on the first-adjacent channel at locations within the protected contour where the potential for harmful interference islow;

3. "Permit fixed WSDs to operate at heights above average terrain of up to 500 meters,consistent with the methodology used in Section 15.712(a)(2)(iv) and subject to aspecial set of coordination procedures modeled on the Commission’s Part 101 rules;

4. "Foster the development of narrowband WSDs that can support IoT applications by modifying existing technical and operational rules and providing licensees the samelevel of protection from harmful interference as the rules for broadband WSDs; and

5. "Permit geofenced operation of fixed WSDs on mobile platforms. "

While NAB and Microsoft disagree on a number of issues, including how effective remote sensing technology is in preventing interference to broadcast signals and the use of adjacent channels, in a letter to the FCC in March, NAB said that after discussions with the computer giant, it agrees the FCC should at least seek comment on some of Microsoft's suggestions for boosting operations in rural areas while protecting licensed operations and also asked the FCC to launch a new rulemaking to do that. 

Given that the FCC is laser focused on closing the rural divide, including using white spaces, NAB did not hurt itself by at least agreeing to run the proposal's up the digital antenna.

Related: NAB Considers White Spaces Proposal for Rural's Sake

Specifically, NAB says that, as Microsoft proposes, it 1) may be possible to allow for higher power limits in less congested (rural) areas; 2) may be possible to permit device operations at higher points above average terrain (up to 500 meters) in rural areas without materially increasing the chances of harmful interference; 3) may be possible to allow fixed TV white spaces (TVWS) operations on movable platforms--school buses and farm equipment, for example, but not aircrafts, ships or satellites--so long as there is a location check every 60 seconds; and 4) to support the use of TVWS for narrowband IoT. 

But, NAB also told the FCC back in March that it strongly opposes authorizing higher power operations on the first-adjacent channel to broadcasters licensed service. That is one proposal NAB does not want the FCC considering yet, much less adopting, at least not until there is a new generation of receivers, which is years down the line. 

“NAB and Microsoft have discussed the issues in Microsoft’s petition," said NAB spokesman Dennis Wharton. "While we don’t agree on every issue, we believe the Commission can move forward with several of Microsoft’s proposals. We look forward to working with the FCC and Microsoft to develop rules that allow greater flexibility for white spaces operation in rural areas while continuing to protect broadcasters.”

“Simply put, increasing power and height and relaxing out-of-band emission limits will create more opportunities for rural broadband access,” said Claude Aiken, president and CEO of the Wireless Internet Service Provicers Association (WISPA), in a statement. “Microsoft’s proposal would improve the service range and capacity of networks operating in the White Space spectrum. This proposal would provide WISPs a formidable tool to invest in, develop and deploy innovative broadband solutions for unserved and underserved areas in rural America, helping these communities truly compete in the global, digital economy.”

The FCC has sent the signal that allowing the so-called white spaces between TV channels to be used for fixed and mobile wireless devices are ready for prime time.

That came in a report and order adopted Wednesday, March 20. The FCC also resolved a number of petitions to reconsider (recon) the TV White Spaces Order that initially opened up the spectrum to broadband. 

Specifically, the FCC finalized its reconsideration proceeding and its database accuracy proceeding so that broadband providers can invest in rural connectivity. 

The FCC is permitting the use of white space devices (notably computers), both fixed and mobile, in unused channels, ch. 37, guard bands between broadcast and wireless spectrum and between uplink and downlink spectrum in the 600 MHz band--which they are sharing after the incentive auction. 

 Related: Senators Press FCC for White Spaces Action 

It is part of the FCC's focus on freeing up more spectrum for advanced wireless and closing the rural digital divide, which computer companies argue "white spaces" play a key role. 

Microsoft, Google and other computer companies on one side and the National Association of Broadcasters on the other have been at loggerheads over the issue. Microsoft has been pushing for as much spectrum as possible, saying that remote sensing technology can seek out and avoid TV channels in real time, preventing the sort of interference NAB said current remote sensing technology has not been proven to provide.  

NAB wanted the FCC to vet the sensing technology before opening the floodgates, as it were. 

The FCC order does require that white spaces devices include internal geo-location capability, both for outdoor and indoor use, and that the devices automatically provide coordinates to the database that is meant to map out the TV frequencies to avoid. 

That is a victory for NAB, which sought the geo-location, and a defeat for Microsoft, which suggested the automatic capability was not necessary. The FCC took a little off it by denying NAB's request that it tighten geo-location accuracy requirements. 

“NAB appreciates the FCC’s decision to strengthen its white spaces rules. Requiring automatic geo-location in white spaces devices will help increase accuracy and protect television viewers from harmful interference.” 

NAB wanted the FCC to require a wired connection between a remote geo-location source and a fixed white space device, rather than a wireless connection, but the FCC sided with Microsoft on that point, and also said it would not limit the distance between that remote location and the device, something else NAB wanted.

NAB had asked that the FCC require the devices to identify their height above ground, but the FCC declined to do so.

White space device makers have until six months after the rules are adopted to bring their technology in line with the new rules, but the FCC said adding geo-location will require recertification. It was initially going to allow the change without recertification, but concluded that "incorporating an internal geo-location capability into a fixed white space device would necessitate hardware modifications, resulting in a device that is not electrically identical to the originally approved device." 

NAB challenged the FCC's decision to allow use of low-power fixed devices within a TV station's contour because the potential for interference is greater than the FCC suggests. The FCC was "not persuaded that permitting such operation poses a significant threat of harmful interference to adjacent channel television reception." 

And while NAB wanted the FCC to limit antenna heights to 30 meters, the FCC will allow taller antennas in areas of less congestion.  

“We are excited to see the Commission using its authority to remove regulatory barriers so that every American can participate in the digital economy," said ACT-The App Association president Morgan Reed. "Today’s action furthers the FCC’s unfettered commitment to bridging the digital divide and will better position the United States as a leader in the networked economy. Our membership represents small to medium-sized app developers across all 435 congressional districts. In particular, many of our members are located in rural areas that traditional networks cannot reach. TVWS-enabled wireless connectivity, along with all the Commission’s work related to wireless infrastructure deployment, will allow these small businesses to grow and contribute to local economies.” 

“This action shows that the Commission has been listening to the concerns of rural Americans, and we appreciate their continued commitment to bridging the rural broadband gap," said Connect Americans Now executive director Richard Cullen. "While this vote is a step in the right direction for internet service providers and equipment manufacturers eager to use TV white spaces technology to bring broadband to rural areas, there are still a number of outstanding regulatory barriers.

“We encourage the Commission to build on this momentum by immediately issuing a Further Notice of Rulemaking to address the outstanding regulatory issues hindering TV white space technology’s deployment." 

The spectrum turf war between broadcasters and Microsoft continued apace this week, with the National Association of Broadcasters telling the FCC the computer giant was playing a game of "white spaces" bait and switch.

Microsoft has pitched the FCC on reserving more channels for unlicensed devices in the broadcast band as part of the post-incentive auction repack.

In meetings with staffers of commissioners Mignon Clyburn and Michael O'Rielly this week, the National Association of Broadcasters said that if, as Microsoft alleges, there will be plenty of spectrum for everyone, then there is no need to reserve it before the repack accommodates broadcasters' needs--including for low-power and translators and, potentially, a new transmission standard.

"NAB does not object to unlicensed operations in the TV band as long as those operations do not cause harmful interference

to licensed television services, deprive viewers of television service they receive today or stifle innovation in the broadcast band."

Related: ATBA: Microsoft's Plan Would Destroy Community TV

And if getting the channels was so crucial, it added, Microsoft had a chance to reserve it via securing licenses in the auction. "If Microsoft so urgently needs guaranteed access to low-band spectrum for its business plans," said NAB, "it should have participated in the incentive auction and won the right to licensed spectrum that would provide the certainty Microsoft claims it needs. Indeed, if Microsoft is truly interested in using low-band spectrum to provide rural broadband, it could have acquired access to 10 MHz of spectrum outside the top-50 Partial Economic Areas for perhaps $500 million, less than one-tenth of one percent of Microsoft’s market capitalization. Instead, Microsoft is asking the Commission to grant it spectrum for free, with no buildout requirements or service requirements of any kind–substantially better terms than winning auction bidders received."

Last month, Microsoft execs met with commissioner aides and FCC staffers to argue that reserving channels for unlicensed was important to enable internet access for rural and underserved communities, and Microsoft president Brad Smith talked up "tapping into unused spectrum" as part of a national rural broadband strategy at a Media Institute luncheon July 11.

Rural broadband is a priority for FCC Chairman Ajit Pai and legislators on both sides of the aisle, so framing the white spaces ask as a rural solution makes a lot of political sense.