Revisions to Rules Regarding Low Power Auxiliary Stations, Including Wireless Microphones, 40680-40689 [2014-14865]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40680-40689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14865]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 74, and 90

[WT Docket Nos. 08-166; 08-167; ET Docket No. 10-24; FCC 14-62]


Revisions to Rules Regarding Low Power Auxiliary Stations, 
Including Wireless Microphones

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission takes 
steps to better enable wireless microphone users to provide high 
quality audio services to serve a wide range of needs. The Commission 
expands Low Power Auxiliary Station license eligibility under its part 
74 rules to include professional sound companies and owners and 
operators of large venues that routinely use 50 or more wireless 
microphones, where the use of wireless microphones is an integral part 
of the major productions or events they host.

DATES: Effective: August 13, 2014, except for Sec.  74.832, which 
contains new or modified information collection requirements that 
require approval by the Office of Management and Budget (OMB). The 
Federal Communications Commission will publish a document in the 
Federal Register announcing such approval and the relevant effective 
date.

FOR FURTHER INFORMATION CONTACT: Bill Stafford, Wireless 
Telecommunications Bureau, (202) 418-0563, email Bill.Stafford@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (Second R&O), WT Docket Nos. 08-166; 08-167; ET Docket 
No. 10-24; FCC 14-62, adopted May 15, 2014, and released June 2, 2014. 
The full text of this document is available for inspection and copying 
during business hours in the FCC Reference Information Center, Portals 
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554.

[[Page 40681]]

Also, it 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 email FCC@BCPIWEB.com. Copies of 
the Second R&O also may be obtained via the Commission's Electronic 
Comment Filing System (ECFS) by entering the docket number WT Docket 
No. 08-166. Additionally, the complete item is available on the Federal 
Communications Commission's Web site at https://www.fcc.gov.

I. Introduction

    1. In this Second R&O, the Commission takes steps to better enable 
wireless microphone users to provide high quality audio services to 
serve a wider range of needs. Theatrical productions, concerts, 
sporting events, conventions and houses of worship all depend on 
wireless microphones to meet their needs for high quality audio 
services. The actions the Commission takes shall extend license 
eligibility to those wireless microphone users who have needs similar 
to those of existing low power auxiliary stations (LPAS) licensees. 
Specifically, the Commission expands part 74 license eligibility to 
include professional sound companies and owners and operators of large 
venues that routinely use 50 or more wireless microphones, where the 
use of wireless microphones is an integral part of the major 
productions or events they host. The Commission concludes that this 
measured approach strikes an appropriate balance in providing the 
benefits of a license for entities and events that have a demonstrated 
need, while ensuring that spectrum is shared effectively with existing 
LPAS operations and remains available for other uses, including TV 
white space (TVWS) devices.
    2. The actions the Commission takes in this Second R&O to expand 
license eligibility and protection are only one step to address a range 
of issues concerning the operation of wireless microphones. In the 
Incentive Auction Report and Order, (FCC 14-62, adopted May 15, 2014, 
and released June 2, 2014), adopted concurrently with this Second R&O, 
the Commission adopts several measures to accommodate the needs of 
wireless microphone users in the portion of the UHF band that will 
remain available for their operations following the incentive auction. 
Among other actions, the Commission revised its rules for co-channel 
operations to expand areas where wireless microphones may be used in 
the bands that will remain allocated for broadcast services, and the 
Commission will permit wireless microphones to operate in the 600 MHz 
guard bands spectrum. Although the Commission will no longer designate 
two TV channels exclusively for wireless microphone use after the UHF 
band is reorganized, the Commission intends to designate one channel 
for use by wireless microphones and unlicensed devices and plans to 
make improvements in the TV bands database to enable more timely and 
effective registration of wireless microphone users seeking 
interference protection from TVWS device operations. In addition, while 
wireless microphones will eventually be required to cease operating in 
the spectrum repurposed for wireless broadband, the Commission will 
allow wireless microphone users to continue to operate for 39 months 
following the incentive auction in order to facilitate their transition 
to other spectrum. Finally, recognizing the important benefits provided 
by wireless microphones, the Commission plans to initiate a proceeding 
in the near term to explore ways to help accommodate the longer-term 
needs of wireless microphone users through use of additional frequency 
bands to meet their varying needs.

II. Background

    3. The Commission's rules in part 74, Subpart H, provide for 
licensed operations of wireless microphones primarily on frequencies 
allocated for television broadcasting on a secondary, non-exclusive 
basis. License eligibility has evolved over time and now includes the 
following specified entities: Licensees of radio and broadcast 
television stations, broadcast television network entities, certain 
cable television system operators, and motion picture and television 
program producers. These entities share the need for regular and 
reliable high quality audio services that are free from interference 
and often require a large number of wireless microphones to meet their 
needs. Licensees may not cause harmful interference to the operations 
of TV broadcast and land mobile stations operating on a primary basis 
and must comply with a number of technical rules. These include 
requirements to avoid causing harmful interference to TV broadcasting 
and land mobile station operations, to coordinate frequencies with 
other LPAS operations, to comply with specified transmission power 
limits and out-of-band emission limits, and to use FCC-certified 
equipment. LPAS licensees may receive protection from TVWS devices by 
registering in the TV bands database.
    4. In the 2010 Wireless Microphone Report and Order, 75 FR 3622, 
January 22, 2010, the Commission first authorized unlicensed operations 
in the broadcast television bands in recognition of the important 
benefits provided by wireless microphones in performances and programs 
in theaters, classrooms, lecture halls, houses of worship, stadiums, 
and other venues. The Commission granted waivers of its rules to permit 
continued operations of wireless microphones on an unlicensed basis 
under part 15 in the core television bands, generally at a power of up 
to 50 milliwatts. These temporary waivers have been in effect pending 
further action in this docket.
    5. The Commission subsequently recognized that certain types of 
unlicensed wireless microphone users require a large number of wireless 
microphones and should therefore be permitted to register in the TV 
bands database, upon meeting certain conditions. Specifically, the new 
rule provided that an unlicensed wireless microphone user must 
demonstrate to the Commission that it requires a large number of 
microphones and that it is using all TV channels not available to other 
users and on which wireless microphones can practicably be used. Unlike 
LPAS licensees, which can register directly with the database 
administrator, unlicensed wireless microphone users must apply to the 
Commission and must do so at least 30 days in advance of the event for 
which they seek protection.
    6. In the Wireless Microphone Further Notice, 75 FR 3682, January 
22, 2010, the Commission sought comment on whether to provide for a 
limited expansion of license eligibility under part 74 Subpart H of the 
rules. The Commission recognized that certain types of unlicensed 
wireless microphone users, including many large cultural, civic, 
sporting and religious events, may have needs that are similar to 
existing licensees and share the need for the kinds of interference 
protection that a license affords. The Commission further noted that it 
previously had expanded license eligibility to accommodate users with 
requirements similar to those of broadcast licensees. However, it noted 
that any ``broad expansion'' of eligibility could significantly reduce 
the amount of spectrum available for other uses of the TV bands, such 
as by TVWS devices. In addition, the Commission understood that any 
expansion of part 74 license eligibility would have an impact on the 
existing licensees and sought comment

[[Page 40682]]

on how expansion might affect the viability of frequency coordination 
among existing licensees that make use of the spectrum to address their 
needs. The Commission subsequently issued a public notice to refresh 
the record on these issues, as well as on the promotion of more 
efficient use of spectrum, and the impact of TVWS devices and incentive 
auction proceedings regarding spectrum currently allocated to TV 
broadcasting.
    7. The Commission received 24 comments and 18 reply comments in 
response to the Wireless Microphone Further Notice. The Commission 
received 25 comments and 11 reply comments in response to the Wireless 
Microphone Refresh Public Notice.

III. Discussion

    8. In this Second R&O, the Commission finds that it is in the 
public interest to provide for a limited expansion of the types of 
entities eligible for a part 74 LPAS license to include qualifying 
professional sound companies, as well as owners and operators of large 
venues. In order to qualify for a license, a professional sound company 
or venue must certify that it provides audio services or holds events 
that routinely use 50 or more wireless microphones, where the use of 
such devices is an integral part of major events or productions. 
Routinely using 50 or more wireless microphones means that the 
professional sound company or venue uses 50 or more such devices for 
most events or productions. Such events may include, for example, 
performing arts events; major sports, cultural, religious and corporate 
events; and large theater productions.
    9. The Commission concludes that professional sound companies and 
venues that routinely use 50 or more wireless microphones generally 
have the same needs for interference protection as existing LPAS 
licensees in order to ensure reliable, high quality audio, particularly 
given the spectrum requirements associated with use of a large number 
of wireless microphones. This expansion will provide a meaningful 
benefit to entities that require the protection that a license affords 
without unduly reducing the amount of spectrum available for other uses 
in the television bands. Unlicensed wireless microphone users that do 
not qualify for a license may continue to operate under the terms of 
the existing waivers.
    10. Expanded License Eligibility. The eligibility threshold the 
Commission adopts is limited to professional sound companies and venues 
that have the sophisticated knowledge and capability to manage use and 
coordination of a large number of wireless microphones, register 
qualifying events in the TV broadcast database, and comply with LPAS 
rules. As discussed in the record, these types of professional users 
have experience in coordinating wireless microphone uses among 
themselves at venues or events, even in congested markets. They also 
have similar needs to existing LPAS licensees in order to provide high 
quality audio services for large scale performances and events.
    11. For purposes of the revised eligibility rule, a professional 
sound company is defined as an entity that provides audio services that 
routinely use 50 or more low power auxiliary station devices, where the 
use of such devices is an integral part of major events or productions. 
Services by a professional sound company may include the provision of 
equipment, as well as engineering expertise and frequency coordination. 
A production company that provides its own audio services, such as a 
touring theater company or performer, would be eligible for licensing 
under this definition, provided that it routinely uses 50 or more 
wireless microphones in connection with the performances or events.
    12. Eligible venues are those that routinely use 50 more wireless 
microphones and may include indoor or outdoor seated facilities, 
including auditoriums, amphitheaters, arenas, stadiums, theaters, and 
houses of worship, as well as indoor or outdoor venues without fixed 
seating, including convention centers, conference locations, amusement 
parks, fairgrounds, entertainment complexes, athletic facilities, 
educational centers, and government locations. The venue does not have 
to own or operate the wireless microphones itself to qualify for the 
LPAS license but must routinely host large-scale productions that 
require 50 or more of these devices.
    13. Licenses issued to large venue owners or operators are specific 
to a single venue and authorize operation only at that venue. The 
Commission allows venues that are comprised of more than one theater or 
stage area to be eligible provided they routinely use 50 or more 
wireless microphones by combining all theaters or stage areas at that 
same location. This will provide interference protection for all 
theaters and similar facilities at large multi-stage venues, and it 
will provide flexibility to the licensee, for example, in the event 
there are location changes for performances and events within the 
venue.
    14. Expanding eligibility in this manner is consistent with the 
approach the Commission has previously taken with respect to part 74 
LPAS license eligibility. Although licensing was initially limited to 
licensees of radio and broadcast television stations, the Commission 
expanded licensing eligibility to include motion picture and television 
producers on grounds that these entities had the same types of needs as 
existing LPAS licensees. It further noted that it would consider on a 
case-by-case basis license applications by ``other groups such as live 
entertainment program producers, etc.'' whose needs are similar to 
those of broadcast licensees.
    15. The newly-eligible licensees have similar needs to existing 
LPAS licensees in order to provide high quality audio services for 
large scale performances and events. The Commission notes, for example, 
that interference protection is just as important for professional 
sound companies and venues that present large performances as it is for 
existing broadcast and broadcast-related entities because of the need 
to protect the quality of the performances that their audiences demand 
and value. For example, the Commission notes that the need for licensed 
LPAS devices to be free from harmful interference can be critical for 
large, live performances, where there may be no chance at a ``second 
take.''
    16. The Commission concludes that routine use of 50 microphones is 
a reasonable threshold for identifying those entities that are more 
likely to require interference protection in order to ensure high 
quality audio services. The record shows that large events and programs 
regularly utilize a substantial number of wireless microphones. The 
number of wireless microphones used is generally an indicator of the 
complexity of productions and the need to ensure interference-free high 
audio quality. Interference protection is important for large, live 
performances because audiences expect ``performances of the highest 
caliber,'' and interference should not hinder such performances.
    17. Although the number of these devices used for any event can 
vary based upon a variety of factors, including the nature of the 
performance, large events and productions often require 50 or more 
devices. Data submitted by parties indicate that an average of 
approximately 50 wireless microphones is used for theatrical 
performances, and that complex performances, such as musicals, often 
use more. These data also indicate that average wireless microphone 
usage at sporting events is approximately 80

[[Page 40683]]

microphones (although major sporting events can top 300 microphones), 
and that more than 150 wireless microphones on average are used at live 
events or shows.
    18. Large events and productions have less flexibility in choosing 
channels to avoid interference than when only a few such devices are 
used. This occurs because the wireless microphone user needs to avoid 
causing interference to or receiving interference from operating TV 
station signals as well as other wireless microphones operating in 
close frequency and spatial proximity (e.g., among the wireless 
microphones being used during any one event or production). As a 
result, productions utilizing a large number of these devices must have 
access to a significant amount of spectrum that may only be available 
through licensed use. A production utilizing 50 devices, for example, 
could need interference-free access to many TV channels at any given 
venue. For these reasons, the Commission concludes that routine use of 
a minimum of 50 wireless microphones provides a reasonable basis for 
establishing license eligibility.
    19. Finally, adopting a standard based on the number of wireless 
microphones--in this case, 50 or more--is in the public interest 
because it does not just focus on one particular class or group of 
users, or on the content of the presentation or event. Rather, this 
standard encompasses a range of professional entities that provide 
sound for major events and productions irrespective of the class or 
group of users or the content of the event or performance.
    20. The limited expansion the Commission adopts strikes an 
appropriate balance in expanding license eligibility where there is a 
clear need, while ensuring that spectrum is shared effectively with the 
existing LPAS operations and remains available for other uses, such as 
by TVWS devices. Together with the provisions adopted in the Incentive 
Auction Report and Order, the expansion the Commission adopts will 
ensure that the reduced amount of television spectrum that remains 
after repacking can continue to accommodate wireless microphone 
operations along with other uses in an efficient and effective manner. 
For this reason, the Commission rejects arguments presented by parties 
who oppose any expansion of part 74 eligibility by arguing that such 
expansion will unduly reduce spectrum available for other uses, such as 
TVWS devices, especially in major metropolitan areas, and hinder the 
development of wireless broadband. The Commission also agrees that it 
is important ``to be flexible'' in expanding eligibility, and its new 
eligibility criteria are designed with that goal in mind. However, the 
Commission does not believe it is appropriate to expand eligibility 
further than the approach the Commission adopts in this order. Limiting 
license eligibility expansion to professional sound companies and 
venues that routinely use 50 or more wireless microphones strikes an 
appropriate balance among competing users for the more limited 
broadcast spectrum remaining after the repacking, while as noted below 
continuing to permit use by other wireless microphone users on an 
unlicensed basis.
    21. The Commission notes at the outset that the licensing 
eligibility criteria the Commission establishes should have limited 
impact on the availability of spectrum for other users in the repacked 
UHF band. First, the Commission does not expect to significantly expand 
the types of events or use that would qualify for interference 
protection from TVWS devices, given that the Commission already permits 
events that require a large number of microphones to be registered in 
the database today. The Commission's rules currently allow both 
existing part 74 licensees and certain unlicensed users requiring large 
numbers of wireless microphones to register in the database for 
interference protection, although unlicensed users must demonstrate 
that they are using the TV channels not available for TVWS devices and 
must request registration by filing with the Commission, rather than 
the database administrator, at least 30 days in advance. The rules 
adopted in this order will enable the newly eligible entities, which 
generally are able to register for database protection as unlicensed 
users, to obtain protection in the TV bands database in a more 
administratively efficient manner, through the part 74 license process.
    22. The Commission further observes that the actions it takes in 
the Incentive Auction Report and Order help mitigate the impact that 
expanding eligibility may have on other users in the band. For example, 
by addressing the spectrum needs of wireless microphone users in a new 
proceeding that the Commission will initiate in the near term to 
promote the use of frequency bands outside of the UHF band, the 
Commission potentially increases spectrum resources available to TVWS 
devices in the TV bands, as well as to existing and newly eligible LPAS 
licensees both in the TV bands and in other spectrum bands. The 
Incentive Auction Report and Order also makes additional spectrum 
available to TVWS devices by providing such devices access to the 
repurposed spectrum during the 39-month transition period, designating 
one channel for use by TVWS and wireless microphones and permitting 
them to continue operating on vacant channels allocated and assigned 
for primary television services, making the 600 MHz guard bands 
available for unlicensed use, as well as permitting unlicensed use on 
channel 37 subject to appropriate protections for channel 37 
incumbents. Taken together, the Commission expects that these actions 
will help to address the existing and longer-term needs of wireless 
microphones and TVWS users.
    23. The Commission also notes that wireless microphones and related 
devices may still operate on an unlicensed basis. The Commission is not 
persuaded by arguments that with expanded eligibility the Commission 
should restrict unlicensed wireless microphone use in the TV bands. The 
Commission finds it is in the public interest to continue the temporary 
waiver for unlicensed operations under part 15 that was granted in the 
Wireless Microphone Report and Order, and the Commission will make a 
determination on rules for unlicensed operations at a later date. This 
approach serves the public interest because it continues to provide a 
waiver for the operation of wireless microphones under part 15 for a 
wide range of applications, and permits the Commission to compile a 
record focused on unlicensed operations while the Commission considers 
other issues. On balance, the Commission concludes that the changes it 
is making best serves to address the important needs of wireless 
microphone users as well as other users that seek access to the 
broadcast spectrum that remains available for use following repacking.
    24. There are parties who argue that expanding license eligibility 
will lead to inefficient use, remove incentives for technological 
advancement, and ``cement the use of inefficient technologies,'' but 
the Commission finds that these arguments do not provide a sufficient 
basis to outweigh the benefits of expanded eligibility in ensuring high 
quality audio services in connection with large events. Although high 
quality audio largely depends upon analog technology at the present 
time, steps have been taken during the past few years to develop and 
make available digital wireless microphones. The Commission has found 
that it is in the public interest to provide for a limited expansion of 
license eligibility, and the Commission will consider the current

[[Page 40684]]

state of digital technology for wireless microphones, along with the 
spectrum needs of wireless microphone and other users, in connection 
with a forthcoming Notice of Proposed Rulemaking on wireless 
microphones.
    25. Nuclear Power Plants. The Commission denies requests to expand 
eligibility under Part 74 to include nuclear power plants, but the 
Commission modifies the NEI/UTC Waiver Letter Order to provide a 
uniform transmit power for operation of unlicensed low power auxiliary 
devices both inside and outside the nuclear power plants, as explained 
below. The NEI/UTC Waiver Letter Order provided nuclear power plants 
with additional flexibility in the operation of unlicensed low power 
auxiliary station devices by establishing tailored operating provisions 
for the use of those devices inside nuclear power plants. NEI/UTC ask 
that the rule waiver granted in the NEI/UTC Waiver Letter Order be 
codified in part 15 of the rules. They also ask that nuclear plants be 
made eligible under part 74 for licensed LPAS use at their plants so 
that they can have ``greater flexibility to use their Telex equipment 
in more limited outdoor applications at their facilities, such as when 
carrying fuel rods to storage locations.''
    26. The Commission declines to expand part 74 eligibility to 
include nuclear power plants as unnecessary at this time because the 
Commission is providing increased flexibility for their operations by 
modifying the rule waiver to make the power limits uniform for both 
indoor and outdoor operations. This modification of the rule waiver 
obviates the need to expand eligibility to include nuclear power plants 
because the modified waiver will enable nuclear power plants to use 
their Telex equipment both indoors and outdoors at 100 milliwatts. The 
Commission also declines to codify the waiver provisions at this time, 
because there has been no showing that further relief is necessary 
prior to consideration of changes to its rules in connection with the 
forthcoming Notice of Proposed Rulemaking addressing wireless 
microphone use. Finally, the Commission finds that operations of these 
devices outside at transmit levels up to 100 milliwatts would not 
interfere with other users in the TV bands because the locations of 
nuclear power plants are known, they generally are located in remote 
areas, and their Telex equipment operates at a relatively low power.
    27. License Requirements. As part of the licensing process, 
applicants will be required to certify and provide supporting evidence 
that they meet all eligibility criteria, including information showing 
that they routinely provide audio services or hold events that require 
use of 50 or more wireless microphones. The requirement that a licensee 
must routinely provide audio services or hold events that require use 
of 50 or more wireless microphones will also appear as a condition on 
the license. In addition, as with other licensed operations for LPAS, 
newly eligible licensees will be subject to all applicable rules, 
including the requirement that wireless microphone use is ``secondary 
to TV broadcasting and land mobile stations operating in the UHF-TV 
spectrum and must not cause harmful interference.'' If such 
interference occurs, the operation must immediately cease and may not 
resume until the interference problem has been resolved. Moreover, 
where two or more LPAS licensees seek to operate in the same area, the 
licensees should ``select frequencies or schedule operation in such 
manner as to avoid mutual interference.''
    28. The Commission declines to modify its licensing procedures or 
the information required from an applicant, except to the extent 
necessary to reflect the modification to the rules the Commission 
adopts here. The new class of eligible entities is comprised of venues 
and professional sound companies that routinely use 50 or more wireless 
microphones, and the Commission does not anticipate that the licensing 
process should be difficult for them to follow. Further, the Commission 
concludes that it is not necessary to grant the request for separate 
licenses for individual frequency ranges because an applicant is 
already able to specify individual frequency ranges on its license. 
Finally, the Commission rejects requests to modify or waive the fees 
relating to LPAS. The Commission is required to assess and collect 
application fees pursuant to section 8 of the Communications Act of 
1934, as amended, and the Commission declines to grant a waiver except 
pursuant to its established waiver standards for a ``specific instance 
for good cause shown, where such action would promote the public 
interest.''
    29. License Conditions. The Incentive Auction Report and Order 
requires wireless microphones to vacate the repurposed UHF spectrum by 
the end of the post-auction transition period, which will be 39 months 
after the release of the Channel Reassignment Public Notice. Consistent 
with this deadline, the Commission expressly conditions any new LPAS 
licenses granted between now and that date, including licenses granted 
to newly eligible licensees, on the requirement to cease operating in 
the repurposed spectrum no later than that date. Further, the 
Commission delegates authority to the WTB to modify the LPAS licenses 
to delete the frequencies identified as repurposed in the Channel 
Reassignment Public Notice, effective as of the end of the post-auction 
transition period, and to make any other related changes as necessary. 
Following the post-auction transition period, licensees may operate 
only in the bands allocated for TV broadcasting.
    30. License Term. The Commission finds that it is in the public 
interest to provide newly eligible licensees an initial and renewal 
license term not to exceed ten years. A ten-year term for these 
licenses is consistent with the license term of most other wireless 
services, such as part 27 services, cellular service, and Personal 
Communications Services. Moreover, a ten-year license term provides 
these licensees with flexibility because it is a relatively long period 
of time and will give them a greater degree of certainty in connection 
with their status and ability to receive the benefits of a license.
    31. The existing rule ties the license term to that of broadcast 
stations in the same area of operation. The Commission declines to 
apply this rule to the new licensees because their operation of 
wireless microphones is generally not related to or affiliated with 
local broadcast operations, and conforming their license term to the 
term of local broadcast stations could lead to confusion with no 
corresponding benefit. The Commission notes that if it applied the 
existing rule to the new licensees, they would have an initial license 
term that is no more than eight years but could be substantially less 
if the license were obtained in the middle of the license term of 
broadcast stations located in the same area of operation. Moreover, 
many new professional sound company licensees may provide services in 
different regions. Application of the existing LPAS license term would 
be burdensome and confusing because it would result in different 
license terms for the same entity operating in different geographic 
areas. Finally, the Commission anticipates that many of these new 
licensees could be small entities and that it would ease regulatory 
burdens on them if their initial license term were to run for the full 
ten-year period.

[[Page 40685]]

IV. Procedural Matters

    32. Final Regulatory Flexibility Analysis. The Regulatory 
Flexibility Act (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis concerning the possible impact of the rule changes 
contained in the Second R&O on small entities. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Wireless 
Microphone Further Notice. The Commission sought written public comment 
on the proposals in the Wireless Microphone Further Notice, including 
comment on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.
    33. The Commission believes that it would serve the public interest 
to analyze the possible significant economic impact of the policy and 
rule changes for expanded wireless microphone license eligibility on 
small entities. Accordingly, this FRFA contains an analysis of this 
impact in connection with the limited expansion of wireless microphone 
license eligibility within the scope of this Second R&O.

A. Need for, and Objectives of, the Report and Order

    34. The Commission provides for a limited expansion of wireless 
microphone license eligibility under part 74, Subpart H of the 
Commission's rules to facilitate the operation of wireless microphones 
by professional sound companies and the owners and operators of large 
venues that use a large number of these devices. Specifically, in order 
to be eligible for a license, a professional sound company or venue 
must certify that it provides audio services or holds events that 
routinely use 50 or more wireless microphones, where the use of such 
devices is an integral part of major events or productions. 
Professional sound companies and large venues that meet these 
requirements have needs for interference protection to ensure reliable, 
high quality audio. Expanding wireless microphone license eligibility 
on this basis is in the public interest because it will benefit 
entities that require the protection that a license affords without 
unduly reducing the amount of spectrum available for other uses in the 
television spectrum bands. In addition, expanding license eligibility 
in this manner avoids distinctions based on presentation content or on 
particular classes or groups of users.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    35. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Would Apply

    36. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of, the number of small entities that may 
be affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    37. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. The Commission's action may, over time, affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three comprehensive, statutory 
small entity size standards. First, nationwide, there are a total of 
28.2 million small businesses, according to the SBA. In addition, a 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' Nationwide, as of 2012, there were approximately 2,300,000 
small organizations. Finally, the term ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand.'' Census Bureau data for 2012 
indicate that there were 90,056 local governments in the United States. 
Thus, the Commission estimates that most governmental jurisdictions are 
small.
    38. LPAS Licensees. There are a total of more than 1,200 Low Power 
Auxiliary Station (LPAS) licenses in all bands and a total of over 600 
LPAS licenses in the UHF spectrum. Existing LPAS operations are 
intended for uses such as wireless microphones, cue and control 
communications, and synchronization of TV camera signals. These low 
power auxiliary stations transmit over distances of approximately 100 
meters.
    39. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources.'' The SBA defines 
a radio broadcast station as a small business if such station has no 
more than $35.5 million in annual receipts. Business concerns included 
in this industry are those ``primarily engaged in broadcasting aural 
programs by radio to the public.'' According to Commission staff review 
of the BIA Publications, Inc. Master Access Radio Analyzer Database as 
of November 26, 2013, about 11,331 (or about 99.9 percent) of 11,341 
commercial radio stations have revenues of $35.5 million or less and 
thus qualify as small entities under the SBA definition.
    40. The Commission notes, however, that, in assessing whether a 
business concern qualifies as small under the above definition, 
business (control) affiliations must be included. Its estimate, 
therefore, likely overstates the number of small entities that might be 
affected by its action because the revenue figure on which it is based 
does not include or aggregate revenues from affiliated companies.
    41. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $14 million or less in annual receipts. The 
Commission has estimated the number of licensed commercial television 
stations to be 1,388. In addition, according to Commission staff review 
of the BIA Advisory Services, LLC's Media Access Pro Television 
Database on March 28, 2012, about 950 of an estimated 1,300 commercial 
television stations (or approximately 73 percent) had revenues of $14 
million or less. The Commission therefore estimates that the majority 
of commercial television broadcasters are small entities.
    42. The Commission notes, however, that in assessing whether a 
business concern qualifies as small under the

[[Page 40686]]

above definition, business (control) affiliations must be included. Its 
estimate, therefore, likely overstates the number of small entities 
that might be affected by its action because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. In addition, an element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific television station 
is dominant in its field of operation. Accordingly, the estimate of 
small businesses to which rules may apply does not exclude any 
television station from the definition of a small business on this 
basis and is therefore possibly over-inclusive to that extent.
    43. In addition, the Commission has estimated the number of 
licensed noncommercial educational (NCE) television stations to be 396. 
These stations are non-profit, and therefore considered to be small 
entities.
    44. There are also 2,414 low power television stations, including 
Class A stations and 4,046 television translator stations. Given the 
nature of these services, the Commission will presume that all of these 
entities qualify as small entities under the above SBA small business 
size standard.
    45. Cable Television Distribution Services. Since 2007, these 
services have been defined within the broad economic census category of 
Wired Telecommunications Carriers; that category is defined as follows: 
``This industry comprises establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies.'' The SBA has developed a small business size standard 
for this category, which is: All such firms having 1,500 or fewer 
employees. Census data for 2007 shows that there were 3,188 firms that 
operated for the duration of that year. Of those, 3,144 had fewer than 
1,000 employees, and 44 firms had more than 1,000 employees. Thus under 
this category and the associated small business size standard, the 
majority of such firms can be considered small.
    46. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers, nationwide. Industry data 
indicate that of approximately 1,100 cable operators nationwide, all 
but ten are small under this size standard. In addition, under the 
Commission's rules, a ``small system'' is a cable system serving 15,000 
or fewer subscribers. Industry data indicate that of 6,635 systems 
nationwide, 5,802 systems have fewer than 10,000 subscribers, and an 
additional 302 systems have 10,000-19,999 subscribers. Thus, under this 
second size standard, most cable systems are small.
    47. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that an operator serving 
fewer than 677,000 subscribers shall be deemed a small operator, if its 
annual revenues, when combined with the total annual revenues of all 
its affiliates, do not exceed $250 million in the aggregate. Industry 
data indicate that of approximately 1,100 cable operators nationwide, 
all but ten are small under this size standard. The Commission notes 
that it neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million, and therefore the Commission is unable to 
estimate more accurately the number of cable system operators that 
would qualify as small under this size standard.
    48. Motion Picture and Video Producers. This economic census 
category comprises ``establishments primarily engaged in producing, or 
producing and distributing motion pictures, videos, television 
programs, or television commercials.'' The SBA has developed a small 
business size standard for this category that includes all businesses 
having $30 million or less in annual receipts. Census Bureau data for 
2007 show there were 9,478 firms in this category that operated that 
year. Of that number, 9,128 had annual receipts of $24,999,999 or less, 
and 43 had annual receipts ranging from not less than $25,000,000 to 
$100,000,000 or more. Thus, under this size standard, the majority of 
such businesses can be considered small entities.
    49. Broadband Radio Service (formerly Multipoint Distribution 
Service) and Educational Broadband Service (formerly Instructional 
Television Fixed Service). Multichannel Multipoint Distribution Service 
(MMDS) systems often referred to as ``wireless cable,'' transmit video 
programming to subscribers using the microwave frequencies of the 
Multipoint Distribution Service (MDS) and Instructional Television 
Fixed Service (ITFS). In its BRS/EBS Report and Order in WT Docket No. 
03-66, the Commission comprehensively reviewed its policies and rules 
relating to the ITFS and MDS services, and replaced the MDS with the 
Broadband Radio Service and ITFS with the Educational Broadband Service 
in a new band plan at 2495-2690 MHz. In connection with the 1996 MDS 
auction, the Commission defined ``small business'' as an entity that, 
together with its affiliates, has average gross annual revenues that 
are not more than $40 million for the preceding three calendar years. 
The SBA approved of this standard.
    50. The SBA developed a small business size standard for Cable and 
Other Distribution, and the activities under that classification have 
been reclassified into Wired Telecommunications Carriers. The SBA has 
developed a small business size standard for Wired Telecommunications 
Carriers, which is all such firms having 1,500 or fewer employees. 
Census data for 2007 shows that there were 3,188 firms that operated 
for the duration of that year. Of those, 3,144 firms had fewer than 
1,000 employees, and 44 firms had 1,000 or more employees. Thus under 
this category and the associated small business size standard, the 
majority of such firms can be considered small. In addition to Census 
data, the Commission's internal records indicate that, as of September 
2012, there are 2,241 active EBS licenses. The Commission estimates 
that of these 2,241 licenses, the majority are held by non-profit 
educational institutions and school districts, which are by statute 
defined as small businesses.
    51. Low Power Auxiliary Device Manufacturers: Radio and Television 
Broadcasting and Wireless Communications Equipment Manufacturing. The 
Census Bureau defines this category as follows: ``This industry 
comprises establishments primarily engaged in manufacturing radio and 
television broadcast and wireless communications equipment. Examples of 
products made by these establishments are: Transmitting and receiving 
antennas, cable television equipment, GPS equipment, pagers, cellular 
phones, mobile communications equipment, and radio and television 
studio and broadcasting

[[Page 40687]]

equipment.'' The SBA has developed a small business size standard for 
Radio and Television Broadcasting and Wireless Communications Equipment 
Manufacturing, which is: All such firms having 750 or fewer employees. 
According to Census Bureau data for 2007, there were a total of 939 
establishments in this category that operated for the entire year. Of 
this total, 912 establishments had employment of less than 500, and an 
additional 10 establishments had employment of 500 to 999. Thus, under 
this size standard, the majority of firms can be considered small.
    52. Low Power Auxiliary Device Manufacturers: Other Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing communications equipment (except telephone apparatus, and 
radio and television broadcast, and wireless communications 
equipment).'' The SBA has developed a small business size standard for 
Other Communications Equipment Manufacturing, which is: All such firms 
having 750 or fewer employees. According to Census Bureau data for 
2007, there were a total of 452 establishments in this category that 
operated for the entire year. Of this total, 448 establishments had 
employment below 500, and an additional 4 establishments had employment 
of 500 to 999. Thus, under this size standard, the majority of firms 
can be considered small.
    53. Radio, Television, and Other Electronics Stores. The Census 
Bureau defines this economic census category as follows: ``This U.S. 
industry comprises: (1) Establishments known as consumer electronics 
stores primarily engaged in retailing a general line of new consumer-
type electronic products such as televisions, computers, and cameras; 
(2) establishments specializing in retailing a single line of consumer-
type electronic products; (3) establishments primarily engaged in 
retailing these new electronic products in combination with repair and 
support services; (4) establishments primarily engaged in retailing new 
prepackaged computer software; and/or (5) establishments primarily 
engaged in retailing prerecorded audio and video media, such as CDs, 
DVDs, and tapes.'' The SBA has developed a small business size standard 
for Electronic Stores, which is: All such firms having $30 million or 
less in annual receipts. According to Census Bureau data for 2007, 
there were 11,358 firms in this category that operated for the entire 
year. Of this total, 11,323 firms had annual receipts of under $25 
million, and 35 firms had receipts of $25 million or more but less than 
$50 million. Thus, the majority of firms in this category can be 
considered small.
    54. Professional Lighting and Sound Services. After an extensive 
review of the NAICS industry classification system, the Commission was 
unable to find an exact category match for the firms which provide 
professional sound services for live events. The industry association 
for these firms, Professional Lighting and Sound Association, is an 
international body with 1,240 members and offices in London and New 
York. As its membership is both foreign and domestic, the Commission 
cannot ascertain how many of its members operate in the United States 
and would be subject to the new rules in this order.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    55. As with other licensed operations for LPAS, a licensee that is 
eligible under the revised rule will be subject to all applicable 
rules, including the requirement that wireless microphone use is 
``secondary to TV broadcasting and land mobile stations operating in 
the UHF-TV spectrum and must not cause harmful interference.'' If such 
interference occurs, the operation must immediately cease and may not 
resume until the interference problem has been resolved. Moreover, 
where two or more LPAS licensees seek to operate in the same area, the 
licensees should ``select frequencies or schedule operation in such 
manner as to avoid mutual interference.''
    56. The Incentive Auction Report and Order requires wireless 
microphones to vacate the repurposed UHF spectrum by the end of the 
post-auction transition period, which will be 39 months after the 
release of the Channel Reassignment Public Notice. Consistent with this 
deadline, the Second R&O conditions any new LPAS licenses granted 
between now and that date, including licenses granted to newly eligible 
licensees, on the requirement to cease operating in the repurposed 
spectrum no later than that date. Further, the Commission delegates 
authority to the Wireless Telecommunications Bureau (WTB) to modify 
these licenses to delete the frequencies identified as repurposed in 
the Channel Reassignment Public Notice, effective as of the end of the 
post-auction transition period, and to make any other related changes 
as necessary. Following the post-auction transition period, licensees 
may operate only in the bands allocated for TV broadcasting.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    57. The RFA requires an agency to describe any significant, 
specifically small business alternatives that it has considered in 
developing its approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    58. In the Second R&O, the Commission declines to modify its 
licensing procedures or the information required from an applicant, 
except to the extent necessary to reflect the modification to the rules 
the Commission adopts here. The new class of eligible entities consists 
of professional sound companies and owners and operators of large 
venues that routinely use a large number of wireless microphones, and 
the Commission does not anticipate that the licensing process should be 
difficult for them to follow. Further, the Commission concludes that it 
is not necessary to grant the request for separate licenses for 
individual frequency ranges because an applicant is already able to 
specify individual frequency ranges on its license. Finally, the 
Commission rejects requests to modify or waive the fees relating to 
LPAS, because the Commission is required to assess and collect 
application fees pursuant to Section 8 of the Communications Act of 
1934, as amended.
    59. The Commission's approach to eligibility in the Second R&O 
provides a balance by affording the benefits of a license for entities 
and events that have a demonstrated need, while ensuring that spectrum 
is shared effectively with existing LPAS operations and remains 
available for other uses, including TV white space (TVWS) devices. To 
the extent any of the entities that will be eligible for a license 
under the new eligibility rule are small entities, they will be able to 
obtain a license for their wireless microphone operations. In addition, 
other entities, including small entities, which do not meet the 
eligibility requirement, have alternatives

[[Page 40688]]

for their operations. Under the waiver granted in the Wireless 
Microphone Report and Order and continued in effect in the Second R&O, 
such entities may still operate their wireless microphones on an 
unlicensed basis subject to the waiver and certain other requirements. 
Also, operators of wireless microphones that are not licensed, which 
may include small entities, may also be able to register certain 
events, such as major sporting contests or live theatrical productions, 
in the TV bands databases for protection against interference from TVWS 
devices provided they meet the requirements in the Commission's rules.
    60. The Second R&O provides newly eligible licensees an initial and 
renewal license term not to exceed ten years. A ten-year license term 
provides these licensees with flexibility because it is a relatively 
long period of time and will give them a greater degree of certainty in 
connection with their status and ability to receive the benefits of a 
license. In contrast, the existing rule ties the license term to that 
of broadcast stations in the same area of operation. The Commission 
notes that if it applied the existing rule to the new licensees, they 
would have an initial license term that is no more than eight years but 
could be substantially less if the license were obtained in the middle 
of the license term of broadcast stations located in the same area of 
operation. Also, many new professional sound company licensees may 
provide services in different regions. Application of the existing LPAS 
license term would be burdensome and confusing because it would result 
in different license terms for the same entity operating in different 
geographic areas. The Commission anticipates that many of these new 
licensees could be small entities and that it would ease regulatory 
burdens on them if their initial license term were to run for the full 
ten-year period.

F. Report to Congress

    61. The Commission will send a copy of the Second R&O, including 
the FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Second R&O, including the FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.
    62. Final Paperwork Reduction Act Analysis. The Second R&O contains 
new or modified information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be 
submitted to the Office of Management and Budget (OMB) for review under 
section 3507(d) of the PRA. OMB, the general public, and other Federal 
agencies are invited to comment on the new or modified information 
collection requirements contained in this proceeding. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific 
comment on how it might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.
    63. Congressional Review Act. The Commission will send a copy of 
this Second R&O to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

V. Ordering Clauses

    64. Accordingly, it is ordered, pursuant to sections 1, 4(i), 301, 
302, 303, and 316 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 301, 302a, 303, and 316, that this Second Report 
and Order in WT Docket Nos. 08-166; 08-167, and ET Docket No. 10-24 is 
adopted.
    65. It is further ordered that part 74 of the Commission's rules, 
47 CFR part 74, is amended as set forth in Appendix B of the Second 
R&O, and such amendments shall be effective 30 days after the date of 
publication in the Federal Register, except for section 74.832, which 
contains new or modified information collection requirements that 
require approval by the Office of Management and Budget (OMB) under the 
PRA. The Federal Communications Commission will publish a document in 
the Federal Register announcing such approval and the relevant 
effective date.
    66. It is further ordered that all low power auxiliary station 
licenses granted between the effective date of this Second Report and 
Order and the end of the post-auction transition period are conditioned 
as stated herein and that all low power auxiliary station licenses 
granted to large venue owners or operators and professional sound 
companies are conditioned as stated herein.
    67. It is further ordered that the temporary waiver granted in the 
Wireless Microphones Report and Order, which permits certain unlicensed 
operation of wireless microphones in the broadcast television spectrum, 
shall continue in effect pending the outcome of further proceedings.
    68. It is further ordered that the NEI/UTC Waiver Letter Order is 
modified as stated herein. As modified, it shall continue in effect 
pending the outcome of further proceedings.
    69. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    70. It is further ordered that the Commission shall send a copy of 
this Second Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 15

    Communications equipment, Radio.

47 CFR Part 74

    Communications equipment, Microphones, Radio, Reporting and 
recordkeeping requirements.

47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 74 as follows:

 PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND 
OTHER PROGRAM DISTRIBUTIONAL SERVICES

0
1. The authority citation for part 74 is revised to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.


0
2. Section 74.15 is amended by revising paragraph (b) to read as 
follows:


Sec.  74.15  Station license period.

* * * * *
    (b) Licenses for stations or systems in the Auxiliary Broadcast 
Service held by a licensee of a broadcast station will be issued for a 
period running concurrently with the license of the associated 
broadcast station with which it is licensed. Licenses held by eligible 
networks for the purpose of providing program service to affiliated 
stations under subpart D of this part, and by eligible networks, cable 
television operators, motion picture producers and television program 
producers under subpart H of this part will be issued for

[[Page 40689]]

a period running concurrently with the normal licensing period for 
broadcast stations located in the same area of operation. Licenses held 
by large venue owners or operators and professional sound companies 
under subpart H of this part will be issued for a period not to exceed 
ten years from the date of initial issuance or renewal.
* * * * *

0
3. Section 74.801 is amended by adding definitions of ``Large venue 
owner or operator'' and ``Professional sound company'' to read as 
follows:


Sec.  74.801  Definitions.

* * * * *
    Large venue owner or operator. Large venue owner or operator refers 
to a person or organization that owns or operates a venue that 
routinely uses 50 or more low power auxiliary station devices, where 
the use of such devices is an integral part of major events or 
productions. Routinely using 50 or more low power auxiliary station 
devices means that the venue owner or operator uses 50 or more such 
devices for most events or productions.
* * * * *
    Professional sound company. Professional sound company refers to a 
person or organization that provides audio services that routinely use 
50 or more low power auxiliary station devices, where the use of such 
devices is an integral part of major events or productions. Routinely 
using 50 or more low power auxiliary station devices means that the 
professional sound company uses 50 or more such devices for most events 
or productions.
* * * * *

0
4. Section 74.831 is revised to read as follows:


Sec.  74.831  Scope of service and permissible transmissions.

    The license for a low power auxiliary station authorizes the 
transmission of cues and orders to production personnel and 
participants in broadcast programs, motion pictures, and major events 
or productions and in the preparation therefor, the transmission of 
program material by means of a wireless microphone worn by a performer 
and other participants in a program, motion picture, or major event or 
production during rehearsal and during the actual broadcast, filming, 
recording, or event or production, or the transmission of comments, 
interviews, and reports from the scene of a remote broadcast. Low power 
auxiliary stations operating in the 944-952 MHz band may, in addition, 
transmit synchronizing signals and various control signals to portable 
or hand-carried TV cameras which employ low power radio signals in lieu 
of cable to deliver picture signals to the control point at the scene 
of a remote broadcast.

0
5. Section 74.832 is amended by adding paragraphs (a)(7) and (8) and 
revising paragraphs (d), (e), and (f) to read as follows:


Sec.  74.832  Licensing Requirements and Procedures.

    (a) * * *
    (7) Large venue owners or operators as defined in Sec.  74.801.
    (8) Professional sound companies as defined in Sec.  74.801.
* * * * *
    (d) Cable television operations, motion picture and television 
program producers, large venue owners or operators, and professional 
sound companies may be authorized to operate low power auxiliary 
stations only in the bands allocated for TV broadcasting.
    (e) An application for low power auxiliary stations or for a change 
in an existing authorization shall specify the broadcast station, or 
the network with which the low power broadcast auxiliary facilities are 
to be principally used as given in paragraph (h) of this section; or it 
shall specify the motion picture or television production company, the 
cable television operator, the professional sound company, or, if 
applicable, the venue with which the low power broadcast auxiliary 
facilities are to be solely used. A single application, filed on FCC 
Form 601 may be used in applying for the authority to operate one or 
more low power auxiliary units. The application must specify the 
frequency bands which will be used. Motion picture producers, 
television program producers, cable television operators, large venue 
owners or operators, and professional sound companies are required to 
attach a single sheet to their application form explaining in detail 
the manner in which the eligibility requirements given in paragraph (a) 
of this section are met. In addition, large venue owners or operators 
and professional sound companies shall include on the attachment the 
following certification and shall sign and date the certification: 
``The applicant hereby certifies that it routinely uses 50 or more low 
power auxiliary station devices, where the use of such devices is an 
integral part of major events or productions.''
    (f) Applications for the use of the bands allocated for TV 
broadcasting must specify the usual area of operation within which the 
low power auxiliary station will be used. This area of operation may, 
for example, be specified as the metropolitan area in which the 
broadcast licensee serves, the usual area within which motion picture 
and television producers are operating, or the location of the venue. 
Licenses issued to large venue owners or operators are specific to a 
single venue and authorize operation only at that venue. Because low 
power auxiliary stations operating in these bands will only be 
permitted in areas removed from existing co-channel TV broadcast 
stations, licensees have full responsibility to ensure that operation 
of their stations does not occur at distances less than those specified 
in Sec.  74.802(b).
* * * * *
[FR Doc. 2014-14865 Filed 7-11-14; 8:45 am]
BILLING CODE 6712-01-P