Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary Stations, Including Wireless Microphones, and the Digital Television Transition, 3622-3639 [2010-1216]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Rules and Regulations]
[Pages 3622-3639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1216]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, and 74

[WT Docket Nos. 08-166, 08-167, and ET Docket No. 10-24; FCC 10-16]


Revisions to Rules Authorizing the Operation of Low Power 
Auxiliary Stations in the 698-806 MHz Band; Public Interest Spectrum 
Coalition, Petition for Rulemaking Regarding Low Power Auxiliary 
Stations, Including Wireless Microphones, and the Digital Television 
Transition

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Report and Order, the Commission establishes a 
deadline for wireless microphones and other low power auxiliary 
stations to cease operation in the 700 MHz Band. The Commission also 
adopts an early clearing mechanism by which 700 MHz public safety and 
commercial licensees can provide notice that they are initiating 
operations in the 700 MHz Band. In addition, the Commission prohibits 
the manufacture, import, sale, lease, offer for sale or lease, or 
shipment of wireless microphones and other low power auxiliary stations 
intended for use in the 700 MHz Band. With regard to users who are not 
eligible for, or who do not hold part 74, Subpart H license 
authorizations, the Commission waive its part 15 rules for a limited 
period. Finally, the Commission adopts certain disclosure requirements 
under which manufacturers, dealers, distributors, and other entities 
that sell or lease these devices must display a consumer disclosure at 
the point of sale or lease.

DATES: Effective January 22, 2010, except for Sec. Sec.  15.216, 
74.802(e)(2), and 74.851(h) and (i), which contains information 
collection requirements that have not been approved by OMB. The FCC 
will publish a document in the Federal Register announcing the 
effective date.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-166, 
08-167 and ET Docket No. 10-24, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information, contact Paul 
D'Ari, Wireless Telecommunications Bureau, (202) 418-1550, e-mail 
Paul.Dari@fcc.gov, or Hugh L. Van Tuyl, Office of Engineering and 
Technology, (202) 418-7506, e-mail Hugh.VanTuyl@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's rules 
noted in the Report and Order and Further Notice of Proposed Rulemaking 
in WT Docket Nos. 08-166 and 08-167, ET Docket No. 10-24 and FCC 10-16, 
adopted January 14, 2010, and released on January 15, 2010. This 
summary should be read with its companion document, the Further Notice 
of Proposed Rulemaking (FNPRM) summary published elsewhere in this 
issue of the Federal Register. The full text of the Report and Order 
and FNPRM is available for public inspection and copying during 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554. It also may be 
purchased from the Commission's duplicating contractor at Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554; the 
contractor's Web site, https://www.bcpiweb.com; or by calling (800) 378-
3160, facsimile (202) 488-5563, or e-mail FCC@BCPIWEB.com. Copies of 
the public notice also may be obtained via the Commission's Electronic 
Comment Filing System (ECFS) by entering the docket numbers, WT Docket 
No. 08-166, WT Docket No. 08-167, and ET Docket No. 10-24. 
Additionally, the complete item is available on the Federal 
Communications Commission's Web site at https://www.fcc.gov.

[[Page 3623]]

Synopsis of the Report and Order Section of the Report and Order and 
Notice of Proposed Rulemaking

I. Introduction

    1. In this Report and Order and FNPRM, the Commission takes action 
to ensure that public safety and commercial licensees can operate in 
the 700 MHz Band without interference, while providing entities 
currently operating wireless microphones in the band with an 
opportunity to relocate to other bands. In particular, the Commission 
ensures that these devices are cleared from the 700 MHz Band no later 
than June 12, 2010, consistent with the Commission's long-standing goal 
of making this spectrum fully available for use by public safety and 
commercial licensees, and the customers that they serve in the band. 
The Commission also authorizes, for the first time, the use of wireless 
microphones, on an unlicensed basis, by entities not currently eligible 
to obtain licenses. The Commission does this by waiver based on its 
longstanding unlicensed device rules, which have proved highly 
successful in permitting the use of low-power wireless devices. In 
addition, the Commission adopts a number of safeguards designed to 
ensure both that consumers understand their rights and obligations in 
operating wireless microphones and that wireless microphones are 
operated in compliance with our rules and policies. Finally, in the 
FNPRM the Commission seeks to refine and update its rules governing the 
use of wireless microphones, seeking comment on a range of issues 
concerning the operation of these devices in the core TV bands.
    2. More specifically, in this Report and Order, the Commission 
adopt the following requirements:
     The Commission prohibits the manufacture, import, sale, 
lease, offer for sale or lease, or shipment of wireless microphones and 
other low power auxiliary stations intended for use in the 700 MHz Band 
in the United States, effective upon the publication of the rules in 
the Federal Register, and adopt related marketing and other 
requirements.
     The Commission requires that all low power auxiliary 
stations, including wireless microphones, cease operations in the 700 
MHz Band no later than June 12, 2010, one year from the end of the DTV 
transition.
     The Commission provides for an early clearing mechanism 
that, to the extent that a public safety or commercial licensee will be 
initiating operations in the 700 MHz Band on specified frequencies and 
particular markets before June 12, 2010, permits a licensee to require 
users of low power auxiliary stations, including wireless microphones 
to cease operations 60 days after notice.
     The Commission stresses that the operations of low power 
auxiliary stations, including wireless microphones, in the 700 MHz Band 
must cease immediately if at any time users of these devices cause 
harmful interference to a 700 MHz public safety or commercial licensee.
     With respect to unauthorized operations of wireless 
microphones and other low power auxiliary stations, the Commission 
waives its part 15 rules for a limited period to permit unauthorized 
users of wireless microphones and other low power auxiliary stations to 
operate on an unlicensed basis under part 15 pursuant to certain 
specified technical requirements--in the 700 MHz Band until June 12, 
2010, and in the core ``TV bands'' until the effective date of the 
Commission's actions in response to the FNPRM.
    3. In addition, in this Report and Order the Commission takes 
various actions to ensure that consumers are better informed about its 
rules and policies concerning wireless microphones, which should 
facilitate compliance with those rules:
     The Commission establishes disclosure requirements to make 
certain that buyers of wireless microphone equipment understand the 
limitations on their use of such equipment. For instance, 
manufacturers, dealers, distributors, and other entities that sell or 
lease these devices will have to display a consumer disclosure at the 
point of sale or lease informing consumers of the conditions that apply 
to the operation of wireless microphones in the core TV bands.
     As part of the Commissions consumer outreach plan, the 
Commission will release consumer publications, including a Consumer 
Fact Sheet, that inform the public of its decisions in this Report and 
Order and of the need to clear the 700 MHz Band so that the spectrum 
can be used for the provision of new public safety and commercial 
services.
     The Commission will work with organizations whose 
memberships include wireless microphone users so that they help the 
Commission inform all affected users of its decisions in this Report 
and Order, particularly the need to clear the 700 MHz Band.
     The Commission will assist consumers, including those who 
have previously purchased wireless microphones that operate in the 700 
MHz Band, by posting information on its Web site and by making 
information available from the Commission's consumer service 
representatives through a toll-free number at the Commission's call 
center.
     The Commission will make available via its Web site and 
its call center information regarding which wireless microphones are 
700 MHz wireless microphones, what options may be available if 
consumers do have 700 MHz microphones, and how to contact wireless 
microphone manufacturers to obtain additional information. Information 
concerning the Commissions decision today will be posted on its Web 
site at www.fcc.gov/cgb/wirelessmicrophones.
    4. Finally, in the FNPRM, the Commission take the following 
actions:
     The Commission proposes to revise its rules to provide 
that low power wireless audio devices, including wireless microphones, 
may be operated as unlicensed devices under part 15 of the rules in the 
core TV bands.
     The Commission proposes technical rules to apply to low 
power wireless audio devices, including wireless microphones, operating 
in the core TV bands on an unlicensed basis under part 15 of the rules.
     The Commission seeks comment on whether, and to what 
extent, eligibility for obtaining licenses to operate low power 
auxiliary stations, including wireless microphones, under part 74 
should be expanded, and on whether the Commission should revise part 90 
to facilitate wireless microphone use.

The Commission seeks comment on possible longer-term approaches for the 
operation of wireless microphones. Consistent with the Commissions 
broader efforts to manage this country's spectrum resources as 
effectively and efficiently as possible, the Commission here seek 
comment on possible long-term reform, based in part on technological 
innovation such as digital technology, that would enable wireless 
microphones to operate more efficiently and with improved immunity to 
harmful interference, thereby increasing the availability of spectrum 
for wireless microphone and other uses.

II. Report and Order

    5. In this Report and Order, the Commission establishes a firm 
deadline of June 12, 2010 (one year from the end of the DTV transition) 
for wireless microphones and other low power auxiliary stations to 
cease operation in the 700 MHz Band. The Commission also adopts an 
early clearing mechanism by which 700 MHz public safety and commercial 
licensees can provide notice that they are initiating operations in the

[[Page 3624]]

700 MHz Band. The operators of wireless microphones and other low power 
auxiliary stations must clear the band within 60 days after such 
notice. In addition, the Commission prohibits the manufacture, import, 
sale, lease, offer for sale or lease, or shipment of wireless 
microphones and other low power auxiliary stations intended for use in 
the 700 MHz Band.
    6. With regard to users who are not eligible for, or who do not 
hold part 74, Subpart H license authorizations, the Commission waive 
its part 15 rules for a limited period to permit all such users to 
operate on an unlicensed basis subject to a number of conditions in the 
700 MHz Band until June 12, 2010 and in the core TV bands while the 
Commission consider issues raised in the FNPRM. In addition, the 
Commission adopts certain disclosure requirements under which 
manufacturers, dealers, distributors, and other entities that sell or 
lease these devices must display a consumer disclosure at the point of 
sale or lease informing consumers of the conditions that apply to the 
operation of wireless microphones and other low power auxiliary 
stations.

A. Low Power Auxiliary Station Operations in the 700 MHz Band After the 
End of the DTV Transition

    7. In order to make the 700 MHz Band fully available to public 
safety and commercial licensees, the Commission is revising our rules 
to clarify that low power auxiliary stations, including wireless 
microphones, will no longer be allowed to operate in the 700 MHz Band 
except under the specified conditions, and for the limited time period, 
as adopted herein. Specifically, the Commission establishes a ``hard'' 
date of June 12, 2010--one year from the date of the DTV transition--by 
which all operations of such devices by all users (including 
unauthorized users) must have ceased in the band. In addition, the 
Commission will require that operations of these devices cease earlier 
than that date, pursuant to certain notification procedures, in those 
areas where 700 MHz public safety or commercial licensees are or will 
be entering and operating in the band prior to June 12, 2010. Finally, 
the Commission underscores that, if at any time users of low power 
auxiliary stations cause harmful interference to a 700 MHz public 
safety or commercial licensee, those users must cease operations in the 
band immediately. The Commission finds that this approach best balances 
the interests of public safety and commercial licensees to operate 
without interference while providing entities currently operating low 
power auxiliary stations in the 700 MHz Band with a reasonable amount 
of time to remove their operations from the band and relocate them to 
other bands. In addition, the Commission outlines below our consumer 
outreach plan to provide users with information concerning their use of 
low power auxiliary station devices as they transition from the 700 MHz 
Band.
    8. Need To Clear the Band. Based on the record, the Commission 
finds that the Commission needs to be expeditious in establishing time 
frames and procedures for clearing wireless microphones from the 700 
MHz band on our path to providing an interference-free environment for 
new services in the 700 MHz Band, especially public safety services 
that are used to protect safety of life, health, or property. The 
Commission finds that low power auxiliary stations could interfere with 
public safety and commercial base and mobile receivers. Such 
interference raises the potential for a disruption of vital public 
safety services and commercial services. As V-COMM comments, low power 
auxiliary stations can operate at similar power levels, and are 
authorized at even higher power levels (250 milliwatts), compared with 
the power levels at which public safety devices are expected to operate 
(200 milliwatts). These power levels employed by the respective devices 
pose a significant risk of co-channel interference and would be strong 
enough to disrupt the operations of both public safety and commercial 
mobiles and base station receivers in the 700 MHz Band. The risk of 
interference also is present to commercial and public safety systems 
when the wireless microphones and other low power auxiliary stations 
are operated at lower power levels, including as low as 10 milliwatts. 
This risk of interference supports the Commission's determination to 
prohibit operation of low power auxiliary stations in the 700 MHz Band. 
In addition, interference from low power auxiliary stations would lead 
to relatively large ``dead zones'' around such devices, resulting in 
effective loss of coverage to commercial and public safety mobiles and 
portable devices. The Commission finds the potential for such a result 
raises a significant threat of interference, which is particularly 
disturbing when considering that this could occur in public safety 
spectrum while being used to protect the safety of life, health, or 
property. In addition, the Commission notes the potential for 
interference to wireless microphone and other low power auxiliary 
station operations by commercial and public safety operations.
    9. In addition to co-channel interference, the record indicates 
that low power auxiliary stations have the potential to cause 
additional interference, such as adjacent band interference, due to 
out-of-band emissions (OOBE) and intermodulation interference caused by 
emissions from multiple devices. These emissions and intermodulation 
products may potentially be strong enough to cause interference to 
commercial and public safety base stations and mobile devices. 
Intermodulation interference can occur when multiple low power 
auxiliary station transmitters are combined or used in close proximity 
with each other. Thus, commercial or public safety operations can 
receive interference at venues where multiple low power auxiliary 
station transmitters are used, such as at concerts or sporting events. 
V-COMM, for example, indicates that interference can occur in a wide 
variety of settings, and also discusses its own experience with co-
channel interference in the 700 MHz Band caused by low power auxiliary 
stations. This potential for interference further supports prohibiting 
the operation of such devices, including wireless microphones, in the 
700 MHz Band.
    10. Clearing the 700 MHz Band is consistent with the Commission's 
previous findings relating to use of the 700 MHz Band in connection 
with the DTV transition. When the Commission in 2001 adopted rules for 
commercial services in a portion of the 700 MHz Band, it declined to 
grant a request filed by SBE that the Commission ``afford continued 
secondary status to part 74 low power broadcast auxiliary devices (such 
as wireless microphones) operating in the Lower 700 MHz Band, and to 
establish a new service in part 95 of our Rules to accommodate their 
use.'' The Commission observed that insofar that the ``Lower 700 MHz 
Band will host extensive broadcast use throughout the DTV transition, 
it is unlikely that new licensees will rapidly occupy the band to the 
extent that users of the low power broadcast auxiliary devices of the 
type SBE discusses will have to immediately cease all operation.'' 
Thus, it contemplated that low power broadcast auxiliary devices would 
be losing their secondary status and would have to vacate the band upon 
completion of the DTV transition in a particular local market.
    11. In addition, the Commission in 2002 expressly excluded from the 
700 MHz Band wireless video assist devices, which are another type of 
part 74,

[[Page 3625]]

Subpart H low power auxiliary station device, because of the 
reallocation of TV Channels 52-69 to wireless services, including 
public safety services. The Commission stated that ``[wireless video 
assist devices] will not be allowed to use * * * [Channels 52-69] in 
the UHF-TV band due to a recent spectrum reallocation of those channels 
to uses other than broadcasting.'' Also, in 2006 the Commission 
determined in the TV White Spaces proceeding that the new low power, 
unlicensed devices under consideration there will not be permitted to 
operate on TV Channels 52-69. The Commission stated that the spectrum 
``ha[s] been reallocated for services other than broadcast television 
and will no longer be part of the TV bands after the transition.''
    12. The Commission concludes that parties have had time to know, 
and reason to believe, that authorized low power auxiliary stations 
would not be allowed to operate in the 700 MHz Band at the end of the 
DTV transition. The DTV Act was enacted over three years ago, and the 
Commission, as noted above, has on various occasions indicated that the 
700 MHz Band would not be a permanent home for low power auxiliary 
stations, including wireless microphones. Further, a number of 
manufacturers warned their customers on their Web sites that, after the 
end of the DTV transition, frequencies in the 700 MHz Band will no 
longer be available for wireless microphone use under the Commission's 
rules. There has been adequate lead time for low power auxiliary 
station users, including wireless microphone users, and equipment 
manufacturers to anticipate and take measures to prepare for the 
reasonably anticipated consequences resulting from the end of the DTV 
transition, including the availability of the spectrum for public 
safety and other uses and the need for entities operating low power 
auxiliary stations to vacate the 700 MHz Band. Moreover, the need to 
ensure interference-free operations in the 700 MHz Band as soon as is 
practicable, particularly for public safety operations, compels the 
Commission to act to prohibit further use of the band for these 
wireless microphone and other low power auxiliary station users. 
Nevertheless, as the Commission discuss below, a short transition 
period may prevent unnecessary disruption of wireless microphone 
operations and allow an orderly transition to other spectrum. The 
Commission's determination in this Report and Order balances the 
requirements of those using low power auxiliary stations in the 700 MHz 
Band with the needs of new 700 MHz licensees to access the spectrum in 
a timely fashion.
    13. Transition Date. In order to provide current low power 
auxiliary station users a reasonable opportunity to remove their 
systems from the 700 MHz band, the Commission find that allowing them 
to continue to operate in the 700 MHz Band for a limited period of time 
under certain conditions serves the public interest. The Commission 
finds that all entities currently operating low power auxiliary 
stations in the 700 MHz Band must vacate the band by June 12, 2010. 
This deadline of June 12, 2010, coupled with the obligation to cease 
operations earlier pursuant to notice, as described below, strikes the 
best balance between the needs of public safety and commercial 
licensees to operate without interference in the 700 MHz Band with the 
concern that entities currently operating low power auxiliary station 
devices in the 700 MHz Band have sufficient time to remove their 
operations from the band and relocate them to other bands.
    14. With respect to the timing for requiring that users of low 
power auxiliary stations cease operating in the 700 MHz Band, the 
revised rules provide that entities operating low power auxiliary 
stations may continue those operations in the 700 MHz Band as late as 
June 12, 2010, subject to the conditions set forth in this Report and 
Order. In setting June 12, 2010, as the latest possible date for these 
entities to transition from the 700 MHz Band under the conditions 
adopted in this Report and Order, the Commission recognizes that low 
power auxiliary station users should have a short period to transition 
their operations not already transitioned out of the 700 MHz Band, 
which should prevent unnecessary disruption of wireless microphone 
operations. The record supports a transition period for users of low 
power auxiliary stations to remove their operations out of the 700 MHz 
Band, but commenters differ on the length of this period.
    15. The Commission finds that the transition period and process 
that the Commission adopts, which terminates on June 12, 2010, is a 
reasonable period for those parties that may need to continue to 
operate in the band and will ensure that this spectrum is cleared on a 
timely and orderly basis for use by public safety and commercial 
wireless services. The Commission also finds that these requirements, 
coupled with the notice procedures described herein, will adequately 
address any concerns that the operation of low power auxiliary stations 
in the 700 MHz Band will cause interference to public safety and 
commercial 700 MHz Band licensees with the end of the DTV transition. 
Although entities operating low power auxiliary stations will have 
until June 12, 2010 to complete their exit from the band and their 
migration to other bands where they would be authorized to operate, 
subject to the conditions the Commission adopts herein, the Commission 
nevertheless encourage such users to cease operations in the 700 MHz 
Band as soon as possible. In addition, the Commission finds that the 
public interest is served by applying the transition procedures that 
the Commission adopts in this Report and Order to users of low power 
auxiliary stations that do not hold a license. This finding is based 
upon the Commission's determination that the public interest will be 
served by allowing this use in this limited context for the limited 
duration discussed herein.
    16. While the Commission agrees with MSTV/NAB that low power 
auxiliary station licensees authorized to operate in the 700 MHz should 
be afforded some opportunity to migrate out of the band, the Commission 
cannot agree with the time frame they suggest, given the potential for 
interference with public safety and commercial broadband licensees and 
the clear determination in Congress's enactment of the DTV Act of 2005 
that the 700 MHz band would no longer be a broadcast band in the near 
term. In addition, the Commission is not persuaded that low power 
auxiliary station licensees, many of which are associated with high-
power broadcast stations that have had significant notice of the need 
to vacate the 700 MHz band on a timely basis, should have a different 
and longer timeframe to vacate the 700 MHz Band than other users in the 
band, as proposed by MSTV. In addition to the need to clear the band 
because of the potential for interference, the Commission is concerned 
that adding another layer of complexity--establishing a different set 
of band clearing rules for a particular subset of users--is likely to 
add significantly to consumer confusion as well as to undermine the 
Commissions efforts to clear the 700 MHz Band. On this issue, the 
Commission's judgment is that keeping a single, uniform nationwide 
date, rather than adopting two separate transition dates, is essential 
to clearing the 700 MHz Band in a timely, orderly, and effective 
fashion in a manner that is equitable to all the affected parties. The 
Commission also is not persuaded of the need for a shorter timeframe, 
such as a February 18, 2010, hard date as

[[Page 3626]]

suggested by CTIA, Verizon Wireless, and several public safety groups. 
As discussed above, the Commission is placing operating limitations on 
low power auxiliary station users and adopting notification procedures 
that enable new 700 MHz licensees to clear the band of low power 
auxiliary station users in markets in which they will be operating. 
Further, the Commission notes that, based on the record and publicly 
available information, it is anticipated that there will be only 
limited rollout of new commercial services in the 700 MHz Band prior to 
mid-year 2010. To the extent that spectrum in the 700 MHz Band needs to 
be clear of low power auxiliary station use for the initiation of new 
operations, which includes system testing or trials, the Commission is 
adopting a clearing mechanism that provides for a 60-day notification 
process. Accordingly, the Commission finds the additional one-year 
period after the end of the DTV transition during which these low power 
auxiliary station users may continue to operate in the 700 MHz Band 
provides a reasonable amount of time for those entities to migrate from 
the band, yet also allows for the new 700 MHz licensees to access the 
spectrum in order to provide new services to the public.
    17. Early Clearing. In addition to setting June 12, 2010, for the 
clearing of the 700 MHz Band by wireless microphones, the Commission 
also provides procedures for clearing low power auxiliary station 
operations in the 700 MHz Band prior to that time to the extent that a 
public safety or commercial licensee has initiated, or will be 
initiating, operations in the 700 MHz Band in particular market(s) 
before that date. Wireless microphones will be required to cease 
operations before June 12, 2010, only after they have been provided 60 
days' advance notification, as set forth below.
    18. The notification process will work as follows. During the 
transition period, which will end on June 12, 2010, a 700 MHz 
commercial or public safety licensee may notify the Commission that it 
will be initiating operations on specified frequencies in particular 
market(s). The wireless operations initiated by the public safety or 
700 MHz commercial licensees can include system testing or trials. Upon 
such notification, the Wireless Telecommunications Bureau or the Public 
Safety and Homeland Security Bureau will issue a public notice that 
will be available on the Commission's Web site and that identifies the 
affected market area(s). Users of low power auxiliary stations, 
including wireless microphone users, in those areas must cease 
operation within 60 days of the release of the notice. The Commission's 
Web site will provide a central location for the low power auxiliary 
station users to find information on markets in which 700 MHz licensees 
are beginning operations prior to June 12, 2010. In addition, any 700 
MHz commercial or public safety licensee may, at its option, notify any 
entity operating low power auxiliary stations of its intention to 
initiate operations on specified frequencies in the market in which the 
low power auxiliary station user is operating. Upon receipt of such 
notice, the low power auxiliary station user in the affected market 
area must cease operation within 60 days. For entities that have 
already initiated such operations, these entities may, upon the 
effective date of this order, follow the same notifications procedures, 
triggering the same 60-day cessation obligation for users of low power 
auxiliary stations.
    19. In the event that both of these notice provisions are used to 
provide notice to a particular user of a low power auxiliary 
station(s), the user will be required to cease operations in the 
market(s) in accordance with whichever notice provides for earlier 
termination of such operations. This process should place only a 
limited burden on public safety and commercial licensees, which have 
the primary rights to use 700 MHz Band spectrum. Further, as noted 
above, notwithstanding any early clearing mechanisms adopted herein, 
low power auxiliary station users that cause harmful interference to a 
700 MHz commercial or public safety licensee must cease operations 
immediately consistent with the Commission's rules for secondary use. 
The Commission also intends to be in continuous communication with the 
public safety community to ascertain the extent of public safety use of 
the 700 MHz Band to help ensure that public safety agencies are able to 
operate free from harmful interference.
    20. Other Arguments. The Commission is not persuaded by certain 
commenters that the Commission should delay the transitioning of low 
power auxiliary stations and discontinue our efforts to clear the 700 
MHz Band of wireless microphones for public safety and commercial use 
because some LPTV stations, TV translators, and Class A stations are 
continuing to operate in the 700 MHz Band after the transition. The 
Commission need to establish expeditious time frames and procedures for 
clearing wireless microphones from the 700 MHz band on the Commission's 
path to providing an interference-free environment for new services in 
the 700 MHz Band, especially public safety services that are used to 
protect safety of life, health, or property. Considerations affecting 
broadcast services other than full-power television broadcast 
operations should not delay the clearing of wireless microphones.
    21. The Commission also declines to adopt Nady's proposal that our 
transition plan should provide for the negotiation of relocation. As 
stated above, entities currently operating low power auxiliary 
stations, including wireless microphones, may continue to operate in 
the 700 MHz Band until June 12, 2010, subject to the conditions set 
forth in this Report and Order. Accordingly, the Commission is allowing 
them to operate in the 700 MHz Band for some time during the transition 
period. These operators, however, must accept interference from other 
licensees in the band and must not cause interference to 700 MHz 
licensees during this transition period, and also are subject to the 
other conditions the Commission adopt herein, including the requirement 
to cease operations under the early clearing notification procedures.
    22. The Commission denies as well the requests by WCA and PISC that 
the Commission not provide a transition but adopt a waiver procedure 
for licensed wireless microphone operations in the 700 MHz Band after 
the end of the DTV transition. The Commission finds that the waiver 
procedures requested by these parties are not necessary. First, parties 
may always request a waiver under the general waiver provisions in our 
rules. Second, the Commission does not find that a separate waiver 
provision is warranted because of our determination to allow a limited 
transition period during which users may operate low power auxiliary 
stations. The Commission is making clear in its rules that entities 
operating low power auxiliary stations, including wireless microphones, 
in the 700 MHz Band may continue to operate on those frequencies until 
June 12, 2010, subject to the conditions adopted herein. Some 
operations by low power auxiliary station users in the band may be 
required to end prior to that time under the 60-day notice procedure 
that the Commission is adopting. The Commission therefore denies their 
requests that the Commission adopt a waiver procedure for authorized 
wireless microphones and other low power auxiliary stations operating 
in the 700 MHz Band.
    23. Furthermore, the Commission finds that the steps the Commission 
is

[[Page 3627]]

taking in this order sufficiently address arguments raised by some 
parties that there is insufficient spectrum for wireless microphone 
users outside of the 700 MHz Band, or that replacement spectrum should 
be made available for wireless microphone operations. As explained 
elsewhere in this Report and Order, the Commission is adopting an 
approach that will permit wireless microphone operations to continue on 
a temporary basis in the 700 MHz Band and in the core TV bands while 
the Commission considers final rules on the issues addressed in the 
FNPRM. Under the first step for moving ahead under this approach, the 
Commission is waiving its part 15 rules to permit unauthorized wireless 
microphone users to operate in the 700 MHz Band on an unlicensed basis 
until June 12, 2010, and to permit operation of wireless microphones in 
the core TV bands on the same unlicensed basis until the effective date 
of the rules that will be adopted in response to the FNPRM. Under the 
next step, the Commission proposes and seeks comment in the FNPRM on 
specific rules for operation of wireless microphones under part 15 of 
the rules in the TV bands, and the Commission seeks comment on some 
expansion of the licensee eligibility for part 74 low power auxiliary 
stations. The Commission also seeks comment on possible revisions to 
its part 90 rules for licensed operation of wireless microphones. The 
FNPRM will allow the Commission to consider the use of certain spectrum 
outside of the 700 MHz Band by wireless microphones, and provides a 
reasonable and efficient path forward to examine the future of wireless 
microphone operations.
    24. Finally, the Commission concludes that the steps the Commission 
has taken in this Report and Order are sufficient to address concerns 
that the presence of low power auxiliary station users operating in the 
700 MHz Band would impede the ability of 700 MHz commercial licensees 
to comply with their build-out requirements such that they should be 
granted additional time to meet these requirements. Given that the 
steps the Commission take enable these 700 MHz licensees to begin 
operating in areas in the band based on the licensees' own timetables, 
the Commission finds that these licensees' ability to meet their build-
out obligations will not be hampered by interference from low power 
auxiliary stations, and the Commission reject proposals to delay 
implementation of 700 MHz construction requirements. For these same 
reasons, the Commission also rejects MetroPCS's argument that a delay 
in clearing the band could constitute a de facto modification of its 
licenses.
    25. The rules adopted in this Report and Order with respect to the 
clearing of the 700 MHz Band by June 12, 2010 and the early clearing 
procedures will take effect upon the publication of a summary of this 
Report and Order in the Federal Register. The Commission finds that 
there is good cause for departure from the 30-day delay in the 
effective date under the Administrative Procedure Act. In this Report 
and Order, the Commission is taking steps to expedite the availability 
of unencumbered spectrum for public safety and new commercial 
licensees, in order that such licensees will be able to operate without 
interference in the 700 MHz Band. The Commission finds that under these 
circumstances, a further delay in the effective date of the clearing 
procedure rules would be contrary to the public interest.

B. Prohibition of the Manufacture, Import, Sale, Lease, Offer for Sale 
or Lease, or Shipment of 700 MHz Band Low Power Auxiliary Stations

    26. The Commission revises its rules to prohibit the manufacture, 
import, sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations for operation in the 700 MHz Band in the United 
States, effective upon the publication of a summary of this Report and 
Order in the Federal Register. The Commission finds that this 
prohibition serves the public interest because it will provide greater 
assurance that the 700 MHz Band will be made available to public safety 
and new commercial licensees.
    27. The Communications Act of 1934, as amended, authorizes the 
Commission ``consistent with the public interest, convenience, and 
necessity, [to] make reasonable regulations * * * governing the 
interference potential of devices which in their operation are capable 
of emitting radio frequency energy by radiation, conduction, or other 
means in sufficient degree to cause harmful interference to radio 
communications'' and these regulations ``shall be applicable to the 
manufacture, import, sale, offer for sale, or shipment of such devices 
* * *, and to the use of such devices.'' The Act further provides that 
``[n]o person shall manufacture, import, sell, offer for sale, or ship 
devices * * *, or use devices, which fail to comply with regulations 
promulgated pursuant to this section.''
    28. The Commissions decision to prohibit the manufacture, import, 
sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations that operate in the 700 MHz Band is necessary to 
ensure that new services in this valuable spectrum will be provided 
without interruption to benefit all Americans. Public safety agencies 
are already making use of the 700 MHz Band, and deployment of 
additional public safety systems is expected to proceed at a rapid 
pace. Commercial wireless providers are currently preparing to deploy 
advanced systems that will support new and faster wireless broadband 
services, once the spectrum is available at the conclusion of the DTV 
transition.
    29. This prohibition is a reasonable corollary to the Commission's 
decision in this Report and Order to prohibit the operation of low 
power auxiliary stations in the 700 MHz Band permanently after June 12, 
2010, subject to conditions that would require their operation to cease 
at an earlier date. Since low power auxiliary station equipment will no 
longer be allowed to operate in the 700 MHz Band after June 12, 2010, 
the Commission must also prohibit the manufacture, sale, and all other 
steps that would make wireless microphones available for use in the 700 
MHz Band. The prohibition on manufacture, sale, and lease of devices 
addresses concerns about the potential for increased interference to 
700 MHz licensees, including public safety users, by decreasing the 
number of devices available for use in the band. For the same reason, 
it also addresses concerns about the proliferation of unauthorized uses 
in the band. The Commission notes that Shure, one of the largest 
manufacturers of wireless microphone equipment, states that it no 
longer manufactures 700 MHz equipment for use in the U.S., and that 
Audio-Technica, another large manufacturer of wireless microphones, 
ceased development of new 700 MHz equipment approximately eight years 
ago. In addition, allowing the sale or lease of devices that can 
operate in the 700 MHz Band is inconsistent with our goal of taking all 
steps necessary to make this spectrum available both to public safety 
and commercial licensees.
    30. The Commission rejects Sennheiser's argument that the 
Commission delays the implementation of the ban on the marketing of 
devices. The Commission neither agrees that the lead time for 
implementation of the ban is unreasonable, nor that the Commission must 
wait for actual interference to occur. As the Commission discusses in 
this section, in adopting the ban the Commission is particularly 
concerned with the use of

[[Page 3628]]

the spectrum at a time when the spectrum is to be available for new 
licensees and new services. Moreover, contrary to Sennheiser's 
assertions, and as the Commission discusses elsewhere in this Report 
and Order, the Commission finds that sufficient notice was provided 
indicating that the use of the 700 MHz Band by wireless microphones and 
other low power auxiliary stations would no longer be authorized. 
Elsewhere in this Report and Order, the Commission finds that entities 
operating low power auxiliary stations in the 700 MHz Band must cease 
operations of those devices in the band after June 12, 2010, subject to 
the early clearing conditions set forth in this Report and Order. 
Therefore, it would not serve the public interest to permit the 
manufacturing and marketing of equipment that can be used in the 700 
MHz Band beyond June 12, 2010, and earlier where the clearing 
mechanisms the Commission are adopting are utilized.
    31. Consistent with the arguments of Shure and Sennheiser, the 
Commission does not prohibit manufacturers from manufacturing low power 
auxiliary stations, including wireless microphones, for export. The 
provisions of Section 302 of the Act, as amended, which addresses, 
among other matters, the prohibition of the manufacture, import, sale, 
offer for sale, or shipment of devices, are not applicable to ``devices 
or home electronic equipment and systems manufactured solely for 
export. * * *'' Accordingly, the Commission clarifies that its decision 
today to prohibit the manufacture, import, sale, lease, offer for sale 
or lease, or shipment of low power auxiliary stations that operate in 
the 700 MHz Band is not applicable to devices manufactured solely for 
export. Finally, the Commission revises its rules to require that any 
person who manufactures, sells, leases, or offers for sale or lease low 
power auxiliary stations, including wireless microphones, that are 
destined for non-U.S. markets and that are capable of operating in the 
700 MHz Band shall include labeling in all sales, marketing, and 
packaging materials, including online materials, related to such 
devices. The labeling must make clear that the devices cannot be used 
in the United States. The Commission finds that this rule is consistent 
with the public interest, convenience, and necessity.
    32. To protect consumers in the United States, and to help ensure 
that no wireless microphones and other low power auxiliary stations 
that operate in the 700 MHz Band continue to be made available for use 
in contravention of our efforts to remove those devices from the band 
in the United States, the Commission require retailers to remove from 
display (including online display) any low power auxiliary stations, 
including wireless microphones, that can operate in the 700 MHz Band, 
as well as any marketing material that does not comply with the 
requirements adopted herein.
    33. The rules relating to the prohibition on the manufacture, 
import, sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations that operate in the 700 MHz Band will take effect 
upon the publication of a summary of this Report and Order in the 
Federal Register, except the labeling requirement for devices 
manufactured solely for export. The Commission finds that there is good 
cause for departure from the 30-day delay in the effective date under 
the Administrative Procedure Act. In this Report and Order, the 
Commission is taking steps to expedite the availability of unencumbered 
spectrum for public safety and new commercial licensees consistent with 
the Commission's long-standing goal of making the spectrum fully 
available for those licensees. Under these circumstances, the 
Commission finds that a delay in the effective date of the prohibition 
would be contrary to the public interest. With respect to the labeling 
requirement for devices manufactured solely for export, the Commission 
find that this requirement should take effect 90 days after release of 
this Report and Order (i.e., April 15, 2010). This period provides 
sufficient time for entities that manufacture, sell, lease, or offer 
for sale or lease low power auxiliary stations that are destined for 
non-U.S. markets and that are capable of operating in the 700 MHz Band 
to comply with this labeling requirement.

C. Procedures To Modify Licenses

    34. For the reasons set forth above, the Commission concludes that 
the public interest would be best served by clarifying that entities 
operating low power auxiliary stations, including wireless microphones, 
in the 700 MHz Band may continue to operate in that band until June 12, 
2010, but only under the conditions adopted in this Report and Order. 
Accordingly, through this rulemaking proceeding, the Commission hereby 
modifies the licenses of all low power auxiliary stations that 
authorize operation in the 700 MHz Band (i.e., 698-806 MHz) to delete 
the authorization to operate on this particular spectrum, effective 
June 12, 2010. In the event that any low power auxiliary station must 
cease operations prior to June 12, 2010 under the clearing mechanisms 
the Commission adopts in the Report and Order, then the license 
relating to that low power auxiliary station will be modified 
automatically without Commission action to delete the authorization to 
operate on the 700 MHz Band effective on the date that operations are 
required to cease in the band. In taking this action, the Commission 
implements its decisions to ensure that the effective use of the 700 
MHz Band by public safety and commercial licensees at the end of the 
DTV transition is not compromised, and that these new licensees will be 
able to operate free from interference by low power auxiliary stations 
operating in the 700 MHz Band.
    35. Most low power auxiliary station licensees that are authorized 
to operate in the 700 MHz Band are also authorized to operate in a 
number of other bands that are specified in Section 74.802 of the 
Commission rules. These multiple band licensees may continue to operate 
in other bands identified in their licenses without further Commission 
action. Those licensees, however, whose current authorization limits 
them in whole or in significant part to operations in the 700 MHz Band 
can be accommodated with the use of spectrum from other spectrum bands 
that are available for low power auxiliary station operations under 
Section 74.802 of the rules. Such licensees may wish to consult with a 
local Society of Broadcast Engineers (SBE) coordinator to identify 
suitable spectrum from the core TV bands that are available for low 
power auxiliary station operations under Section 74.802 of the rules. 
Once replacement spectrum has been identified, as a matter of 
administrative convenience, the licensee should file an application to 
modify its authorization to include the identified frequencies. This 
will enable the Wireless Telecommunications Bureau (Bureau) to modify 
the affected license in conformance with the revised rules adopted in 
this order.

D. Unlicensed Operation of Wireless Microphones Under Part 15; Waivers

    36. The Commission concludes that it serves the public interest to 
waive two of its part 15 rules, to permit unauthorized users of low 
power auxiliary stations, including wireless microphones, to operate on 
an unlicensed basis under part 15 pursuant to certain specified 
technical requirements, in the 700 MHz Band until June 12, 2010 and in 
the core TV bands until the effective date of Commission action taken 
in response to the FNPRM. The Commission

[[Page 3629]]

anticipates that such unlicensed operations in the core TV bands 
pursuant to waiver will remain in place only for a short period of 
time, as the Commission intends to act expeditiously on its proposal to 
promulgate final rules that would authorize these operations on a 
permanent basis. Accordingly, the Commission waives Sections 15.201(b) 
and 15.209(a) of our part 15 technical rules. These waivers will permit 
entities that operate wireless microphones in the 700 MHz Band without 
the required license to continue those operations subject to the band 
clearing mechanisms that the Commission adopts in this Report and 
Order, and permit them to relocate their operations to the core TV 
bands on the same part 15 unlicensed basis. The waivers also will 
permit operation of wireless microphones outside of the 700 MHz Band 
without the required authorization. The operation of wireless 
microphones in the 700 MHz Band under these limited term waivers will 
be subject to the band clearing mechanisms the Commission adopts in 
this Report and Order. Thus, all entities may continue operating 
wireless microphones in the 700 MHz Band until June 12, 2010, unless 
they must cease operations sooner under the early band clearing 
mechanisms discussed above. During the temporary waiver period, any 
entity that chooses to operate a wireless microphone under these 
waivers must comply with the waiver conditions, including compliance 
with specified technical requirements that are identical to those the 
Commission is proposing in the FNPRM for the operation of wireless 
microphones under part 15. See Amendment of Part 101 of the 
Commission's Rules to Accommodate 39 Megahertz Channels in the 6525-
6875 MHz Band; Amendment of Part 101 of the Commission's Rules to 
Provide for Conditional Authorization on Additional Channels in the 
21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed Wireless Communications 
Coalition Request for Waiver, Notice of Proposed Rulemaking and Order 
in WTB Docket No. 09-114 and RM-11417, at paras. 23-24 (released Jun. 
29, 2009) (granting request for waiver of Section 101.31(b)(vii) to 
allow for conditional authority under conditions that were proposed as 
rule changes in the NPRM portion of the decision).
    37. Under these waivers, wireless microphones may be operated as 
part 15 devices without a license in the 700 MHz Band under the 
conditions adopted in this Report and Order, and they can also operate 
in the core TV bands. Operation under these waivers is subject to the 
following conditions. First, the wireless microphones must comply with 
specified technical requirements under part 15, which are the same 
technical rules that the Commission is proposing in the FNPRM for 
wireless microphone operations under part 15 (as set forth in Appendix 
E, below). Second, the devices must be certificated under the rules 
applicable to certification under our part 74, Subpart H rules. Third, 
the devices shall not cause harmful interference and must accept any 
interference received pursuant to Section 15.5 of our Rules. Finally, 
users operating in the 700 MHz Band must comply with the conditions for 
continued operation in that band during the transition period, 
including the early clearing procedures discussed above. The waivers 
will be effective upon the release of the Report and Order.
    38. Section 1.3 of the Commission's rules provides that ``[a]ny 
provision of the rules may be waived by the Commission on its own 
motion or on petition if good cause therefore is shown'' subject to the 
provisions of the APA and its own rules. A waiver is appropriate when 
``particular facts would make strict compliance inconsistent with the 
public interest.'' A waiver cannot undermine the purposes of the rule, 
and there must be a stronger public interest benefit in granting the 
waiver than in applying the rule. As discussed below, the Commission 
finds that good cause exists to waive Sections 15.201(b) and 15.209(a) 
of our part 15 technical rules in order to allow operation of wireless 
microphones in the 700 MHz Band and the core TV bands for a limited 
period.
    39. The Commission is allowing operation of wireless microphones 
under these waivers to use a power of up to 50 milliwatts. The waivers 
should allow wireless microphones to operate outside of the 700 MHz 
Band in a manner that is largely consistent with their current 
operations. While part 74 rules permit wireless microphones to operate 
on VHF TV channels with a power level to the antenna of 50 milliwatts 
and on UHF channels with a power level of 250 milliwatts, two equipment 
manufacturers indicate that the actual power levels for most wireless 
microphones operating in the 700 MHz Band are in the 10-50 milliwatts 
range. We also note that a large majority of wireless microphones are 
certificated to operate with a power level of 50 milliwatts or less. 
These appear to be the most popular devices because the 50 milliwatts 
or less is sufficient for most uses and extends battery life. While 
some wireless microphones operate at power levels of 250 milliwatts, it 
appears most of these devices are used for professional applications 
requiring a longer operating range with a short duration of operation, 
such as electronic news gathering or movie production users that hold 
part 74 authorizations. In this regard, the Commission notes that 
devices authorized under part 74 as low power auxiliary stations are 
``intended to transmit over distances of approximately 100 meters'' and 
may operate with a power level of 250 milliwatts. The Commission 
anticipates that wireless microphones operating up to 50 milliwatts 
under the terms of this waiver would transmit over a shorter distance. 
Therefore, the Commission believes that the operations that the 
Commission is allowing under the waivers will effectively accommodate 
users that are currently unauthorized. The Commission is not extending 
the waiver to permit these wireless microphone users to operate at 
power levels higher than 50 milliwatts because, unless operated on a 
licensed basis pursuant to part 74 requirements, use of these devices 
generally poses a greater interference risk to TV band licensees. Only 
Part 74 licensees are permitted to operate their devices at power 
levels higher than 50 milliwatts.
    40. The Commission recognizes, however, that there may be instances 
where operation at a power level higher than 50 milliwatts may be 
needed and can be allowed without causing interference. The Commission 
finds that such instances should be evaluated based on their individual 
facts and circumstances to ensure that interference will not occur. The 
Commission therefore grants delegated authority to the Office of 
Engineering and Technology and Wireless Telecommunications Bureau to 
modify the limited waiver of the part 15 rules on a case-by-case basis 
to permit entities to operate wireless microphones at power levels 
higher than 50 mW where it can be shown there is no significant risk of 
harmful interference to other users of the spectrum, particularly to TV 
broadcast service.
    41. The Commission finds that good cause for a limited waiver 
exists in this particular case, given the totality of the circumstances 
including the short-term nature of these waivers and the need to 
facilitate clearing of the 700 MHz band for use by the public safety 
and commercial licensees. For the same reasons that the Commission 
finds good cause exists for granting this waiver, as discussed in this 
Report and Order, the Commission has determined that there

[[Page 3630]]

would be good cause under Section 553(b)(3)(B) of the APA, 5 U.S.C. 
553(b)(3)(B), for establishing interim rules that permit the same range 
of operations as the waiver. The Commission also finds that it serves 
the public interest to provide access to other spectrum for entities 
that are operating wireless microphones in the 700 MHz Band while this 
rulemaking is pending. Our primary goal in this proceeding is to clear 
all wireless microphones from the 700 MHz Band, thereby simplifying the 
process of making this spectrum fully available for public safety and 
commercial broadband licensees. In order to attain this goal, the 
Commission intends to have any wireless microphone user, authorized or 
not, transition out of the 700 MHz band and onto other available 
frequencies no later than June 12, 2010. Granting these waivers will 
allow currently unauthorized users that vacate the 700 MHz Band to 
operate in the 700 MHz Band temporarily under the umbrella of 
unlicensed part 15 operation. At the same time, the conditions the 
Commission imposes serve the public interest intent behind each of the 
two specific part 15 rules being waived, which is to prevent 
interference to authorized radio services. The power limits, minimum 
co-channel TV broadcast station distance provisions, specific frequency 
operation, and out-of-band emissions limits established herein provide 
safeguards to ensure that the policy objectives served by Sections 
15.201(b) and 15.209(a) are met. Finally, the Commission notes that any 
operation of wireless microphones pursuant to the waivers is subject to 
the Section 15.5 interference restrictions. Taken together, these 
safeguards ensure that any operation done pursuant to the waivers will 
not undermine the purposes of, and public interest protected by, 
Sections 15.201(b) and 15.209(a).
    42. The record in this proceeding includes a number of comments 
that describe the need for and the significance of wireless microphones 
in providing quality audio technology for performances and programs in 
theaters, classrooms, lecture halls, houses of worship, stadiums, and 
other venues. The Commission finds that temporarily waiving these two 
rules in order to permit the continued operation of wireless 
microphones, including wireless microphones that are used for these 
purposes, pending our final decisions of the issues raised in the FNPRM 
will provide this Commission with the opportunity to develop a full and 
balanced record before it adopts final, comprehensive rules that 
address the operation of wireless microphones by those entities that 
lack the required license. In addition, the Commission notes that some 
entities will be acquiring new wireless microphone equipment to operate 
in bands outside of the 700 MHz Band to replace their existing 
equipment, while some equipment that operates in the 700 MHz Band may 
be capable of being modified to operate in the core TV band spectrum. 
The waivers permitting operations will allow at least some of these 
users to make informed decisions with respect to new equipment 
purchases, or where applicable the modification of existing equipment, 
until the issues raised in the FNPRM are resolved. The Commission 
emphasizes that there are a variety of unique facts surrounding grant 
of this waiver, and the Commission does not anticipate that the 
Commission will soon encounter such a convergence of factors as these 
to warrant the type of accommodation afforded here.
    43. While the Commission finds good cause for granting the limited 
term waivers, as discussed above, we stress that these waivers are 
temporary and that the granting of these waivers will not prejudice the 
outcome of this proceeding or otherwise limit the Commission's choices 
therein. Under this approach, the Commission will be able to compile a 
record and consider more fully the issues and proposals in response to 
the FNPRM concerning currently unauthorized users of wireless 
microphones, including whether to expand eligibility for licenses under 
part 74.
    44. In order to address the potential for interference from the 
operation of wireless microphones in the core TV Bands, the Commission 
requires that all wireless microphones operating under the waivers are 
subject to the same technical limitations that the Commission is 
proposing in the FNPRM for the operation of ``Wireless Audio Devices'' 
under part 15. These technical rules provide for distances from 
existing co-channel TV broadcast stations, specific frequency 
operation, power limits, and out-of-band emissions. In addition, the 
unlicensed operators of wireless microphones that operate under the 
waivers will be subject to the restrictions in part 15 of the rules. 
The immediate and potential future harm to current TV band licensees of 
continued widespread use of previously unauthorized wireless 
microphones appears to be negligible, in light of the conditions the 
Commission is imposing on the waivers, including that the wireless 
microphones must comply with the specified technical requirements 
(consistent with those proposed for part 15 wireless microphone 
operations in the core TV bands, as set forth in the proposed rules) 
and that they must not cause harmful interference to licensed TV band 
users. The Commission notes that licensees that operate low power 
auxiliary devices under part 74 authorization will still receive 
interference protection with respect to wireless microphones that will 
be operating through these temporary waivers as unlicensed devices.
    45. Given the actions the Commission is taking today, the 
Commission does not adopt PISC's remaining proposals, including that 
the Commission provide a ``general amnesty'' to certain unauthorized 
wireless microphone users. The Commission finds that various steps that 
the Commission is taking today appropriately address, on a going 
forward basis, the issues relating to the proliferation and use of 
wireless microphones that have not heretofore been authorized. Finally, 
the Commission does not rule at this time on PISC's proposal to create 
a General Wireless Microphone Service that would be licensed by rule 
pursuant to Section 307(e) of the Act. The Commission does not address 
at this time questions relating to the unauthorized use of wireless 
microphones prior to our actions today. The Commission instead seeks to 
address its concerns in the order that considers the issues set forth 
in the FNPRM.

E. Disclosure Requirements and Consumer Outreach

    46. Based on this record, the Commission adopts certain measures, 
including point-of-sale disclosure requirements, to addre