§  15.717   TVBDs that rely on spectrum sensing.

   (a) Parties may submit applications for certification of TVBDs that
   rely solely on spectrum sensing to identify available channels. Devices
   authorized under this section must demonstrate with an extremely high
   degree of confidence that they will not cause harmful interference to
   incumbent radio services.

   (1) In addition to the procedures in subpart J of part 2 of this
   chapter, applicants shall comply with the following.

   (i) The application must include a full explanation of how the device
   will protect incumbent authorized services against interference.

   (ii) Applicants must submit a pre-production device, identical to the
   device expected to be marketed.

   (2) The Commission will follow the procedures below for processing
   applications pursuant to this section.

   (i) Applications will be placed on public notice for a minimum of 30
   days for comments and 15 days for reply comments. Applicants may
   request that portions of their application remain confidential in
   accordance with § 0.459 of this chapter. This public notice will
   include proposed test procedures and methodologies.

   (ii) The Commission will conduct laboratory and field tests of the
   pre-production device. This testing will be conducted to evaluate proof
   of performance of the device, including characterization of its sensing
   capability and its interference potential. The testing will be open to
   the public.

   (iii) Subsequent to the completion of testing, the Commission will
   issue by public notice, a test report including recommendations. The
   public notice will specify a minimum of 30 days for comments and, if
   any objections are received, an additional 15 days for reply comments.

   (b) The device shall meet the requirements for personal/portable
   devices in this subpart except that it will be limited to a maximum
   EIRP of 50 mw and it does not have to comply with the requirements for
   geo-location and database access in § 15.711(b). Compliance with the
   detection threshold for spectrum sensing in § 15.711(c), although
   required, is not necessarily sufficient for demonstrating reliable
   interference avoidance. Once a device is certified, additional devices
   that are identical in electrical characteristics and antenna systems
   may be certified under the procedures of part 2, subpart J of this
   chapter.

   Effective Date Note:   At  74 FR 7326 , Feb. 17, 2009, § 15.717 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.
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