[opendtv] FCC Denies MSTV's Request for White Spaces Documents

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Wed, 4 Aug 2010 15:44:50 -0500
If the geolocation database takes precedence OVER the auto-sensing logic, then 
as a mere user, I'm relieved. But MSTV does have a point about wireless mikes 
and the like.

If the FCC doesn't have anything to hide, they should make their documents 
available without creating a fuss. I think some people are getting confused 
about who's the boss in this country.

Bert

-----------------------------------------
http://www.tvtechnology.com/article/104312

FCC Denies MSTV's Request for White Spaces Documents
08.03.2010.

WASHINGTON: The Federal Communications Commission today denied attempts by the 
Association for Maximum Service Television to review documents related to 
unlicensed devices. MSTV filed a Freedom of Information Act request with the 
FCC's Office of Engineering and Technology seeking access to tests conducted 
with unlicensed devices in TV white spaces.

Two tests were conducted--one in 2007 and one in 2008--with prototype devices 
designed to transmit in unused broadcast TV spectrum. MSTV sought access to a 
study related to the 2008 tests, for which the FCC's peer review committee 
issued a report. The commission predicated its decision to allow unlicensed 
devices in TV white spaces on the peer report of the 2008 tests.

"MSTV filed a FOIA request seeking the draft Phase II Measurement Report that 
was submitted for peer review, and 'any additional materials to be added to the 
OET Report that were sent on or after Sept, 11, 2008' to named FCC employees. 
OET withheld the copy of the draft report submitted to peer review, and 42 
e-mails it believed were 'possibly responsive' to MSTV's FOIA request. These 
materials were withheld pursuant to FOIA Exemption 511 which exempts from 
disclosure predecisional deliberative process material," the FCC wrote in 
today's Memorandum and Order.

MSTV then asked the OET to clarify whether an executive summary and its 
conclusions were included in the peer-review process. The OET did not respond, 
prompting MSTV to file an application for review with the full commission. It 
was that application that was today denied.

"We filed the Freedom of Information Act request because the FCC's peer review 
process was seriously flawed," MSTV chief David Donovan wrote in 2008. "The 
Office of Engineering and Technology's letter requesting peer review on Sept. 
11, 2008 states: 'We plan to publish the report and invite public comment in 
the same manner as the Phase I report.' Why were these plans abandoned?"

Donovan said the peer review report omitted "the most important finding in the 
Phase II Report--that the burden of 'proof of concept' had not been met with 
respect to spectrum-sensing technology. This purported conclusion is the key to 
the FCC's proposal. It is simply amazing the peer review analysis would not 
mention this key finding."

The commission authorized white-space use in November 2008, marking the first 
time radio frequency spectrum was made commercially available on an unlicensed 
basis. Microsoft, Dell, HP, Philips and Google were instrumental in gaining 
access to the spectrum, previously left unassigned to prevent TV signal 
interference. Microsoft and Google are among the companies vying to oversee a 
database of white spaces.

The commission last November called for proposals to manage the database, which 
unlicensed devices would be required to check before transmitting. MSTV's 
Donovan filed ex parte comments on the FCC's white spaces docket July 30 
regarding the database.

"Geolocation/database protection alone is not sufficient to protect against 
harmful interference to the public's broadcast service and, in the case of 
licensed microphones used for newsgathering and other valued mobile uses, 
geolocation protection is not even possible," his filing states. "Even with 
retention of sensing as an essential complement to geolocation/database 
protections, the white spaces rules need a number of clean-up modifications.'

The FCC memo and order denying MSTV's request noted it could pursue the 
documents in court. MSTV has not yet indicated if it would do so.

-- Deborah D. McAdams
 
 
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[opendtv] FCC Denies MSTV's Request for White Spaces Documents

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