Promoting Spectrum Access for Wireless Microphone Operations, 41549-41562 [2017-17442]
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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
operational for a period of 30 days or
more. A licensee is subject to this
provision commencing on the date it is
required to be providing service or
operating under § 101.63. This provision
is inapplicable to blanket authorizations
to operate fixed stations at temporary
locations pursuant to the provisions of
§ 101.31(a)(2). See § 101.305 for
additional rules regarding temporary
and permanent discontinuation of
service.
■ 45. Amend § 101.527 by revising
paragraph (a) and paragraph (b)
introductory text to read as follows:
the Communications Act of 1934, as
amended.
§ 90.813
[Amended]
36. Amend § 90.813 by removing
paragraph (e).
■
§ 90.816
■
[Removed]
37. Remove § 90.816.
§ 90.911
[Amended]
38. Amend § 90.911 by removing
paragraphs (e) and redesignating
paragraph (f) as (e).
■
§ 90.1019
[Amended]
39. Amend § 90.1019 by removing
paragraph (d).
PART 95—PERSONAL RADIO
SERVICES
40. The authority citation for part 95
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302(a), 303,
and 307(e).
§ 95.1923
[Amended]
41. Amend § 95.1923 by removing
paragraph (d).
■ 42. Amend § 95.1933 by revising
paragraph (a) and paragraph (b)
introductory text to read as follows:
■
§ 95.1933
Construction requirements.
(a) Each 218–219 MHz Service
licensee must make a showing of
‘‘substantial service’’ within ten years of
the license grant. Until January 1, 2023,
‘‘substantial service’’ assessment will be
made at renewal pursuant to the
provisions and procedures contained in
§ 1.949 of this chapter.
(b) Until January 1, 2023, each 218–
219 MHz Service licensee must file a
report to be submitted to inform the
Commission of the service status of its
system. The report must be labeled as an
exhibit to the renewal application. At
minimum, the report must include:
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compliance with the respective
construction requirements within the
appropriate construction benchmarks
set forth in § 101.1325.
*
*
*
*
*
§ 101.1327
[Removed]
51. Remove § 101.1327.
■ 52. Amend § 101.1413 by revising the
section heading, paragraph (b)
introductory text, and paragraph (c) to
read as follows:
■
§ 101.1413 License term and construction
requirements.
(a) Each licensee must make a
showing of ‘‘substantial service’’ within
ten years of its license grant.
‘‘Substantial service’’ is a service which
is sound, favorable, and substantially
above a level of mediocre service which
just might minimally warrant renewal
during its past license term. Until
January 1, 2023, ‘‘substantial service’’
assessment will be made at renewal
pursuant to the provisions and
procedures set forth in § 1.949 of this
chapter.
(b) Until January 1, 2023, each
licensee must, at a minimum file:
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(b) As a construction requirement,
MVDDS licensees must make a showing
of substantial service at the end of five
years into the license period and ten
years into the license period. The
substantial service requirement is
defined as a service that is sound,
favorable, and substantially above a
level of mediocre service which might
minimally warrant renewal. At the end
of five years into the license term and
ten years into the license period, the
Commission will consider factors such
as:
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*
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(c) The renewal application of an
MVDDS licensee is governed by § 1.949
of this chapter.
§ 101.529
§ 101.1415
§ 101.527 Construction requirements for
24 GHz operations.
■
■
[Removed]
46. Remove § 101.529.
§ 101.535
[Amended]
53. Amend § 101.1415 by removing
paragraph (f).
■ 54. Amend § 101.1513 by revising the
section heading to read as follows:
■
[Amended]
47. Amend § 101.535 by removing
paragraph (d).
■ 48. Revise § 101.1011 to read as
follows:
■
§ 101.1011
*
Construction requirements.
§ 101.1513
License term.
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BILLING CODE 6712–01–P
Authority: 47 U.S.C. 154, 303.
§ 101.1111
AGENCY:
44. Revise § 101.65 to read as follows:
■
43. The authority citation for part 101
continues to read as follows:
■
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*
[FR Doc. 2017–18501 Filed 8–31–17; 8:45 am]
LMDS licensees must make a showing
of ‘‘substantial service’’ in their license
area within ten years of being licensed.
‘‘Substantial’’ service is defined as
service which is sound, favorable, and
substantially above a level of mediocre
service which might minimally warrant
renewal. Failure by any licensee to meet
this requirement will result in forfeiture
of the license and the licensee will be
ineligible to regain it.
PART 101—FIXED MICROWAVE
SERVICES
■
41549
§ 101.65 Termination of station
authorizations.
In addition to the provisions of
§ 1.953 of this chapter, a site-based
license will be automatically terminated
in whole or in part without further
notice to the licensee upon the
voluntary removal or alteration of the
facilities, so as to render the station not
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[Amended]
49. Amend § 101.1111 by removing
paragraph (e).
■ 50. Amend § 101.1323 by revising
paragraph (c) to read as follows:
§ 101.1323 Spectrum aggregation,
disaggregation, and partitioning.
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(c) Construction requirements.
Responsible parties must submit
supporting documents showing
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2, 15, 74, 87, and 90
[GN Docket Nos. 14–166, 12–268, ET Docket
No. 14–165; FCC 17–95]
Promoting Spectrum Access for
Wireless Microphone Operations
Federal Communications
Commission.
ACTION: Final rule.
In this document, the
Commission addresses several petitions
for reconsideration regarding recent
decisions regarding wireless
microphones. Specifically, the
Commission makes technical revisions
to the spurious emission limits that it
had adopted for licensed wireless
SUMMARY:
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microphone operations in several
frequency bands, and for unlicensed
wireless microphone operations in the
TV bands and in the 600 MHz guard
band and duplex gap. The Commission
also clarifies output power
measurements and how certain antennarelated part 15 rules apply with respect
to unlicensed wireless microphones,
and revises and clarifies requirements
for existing and legacy unlicensed
wireless microphones during and after
the post-incentive auction transition
period. This action promotes the
Commission’s goal of accommodating
wireless microphone users’ needs
through access to spectrum resources
following the incentive auction and
reconfiguration of the TV bands.
DATES: Effective October 2, 2017, except
for amendments to §§ 74.803(c) and (d),
which contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13, that
are not effective until approved by the
Office of Management and Budget
(OMB). The Commission will publish a
document in the Federal Register
announcing the effective date once OMB
approves.
The incorporation by reference of
certain material listed in the rule was
approved by the Director of the Federal
Register as of December 17, 2015.
FOR FURTHER INFORMATION CONTACT: Paul
Murray, Office of Engineering and
Technology, 202–418–0688,
Paul.Murray@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, GN Docket No. 14–
166, ET Docket No. 14–165, GN Docket
No. 12–268, FCC 17–95, adopted July
13, 2017, and released July 14, 2017.
The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The full text may also be
downloaded at: https://transition.fcc.gov/
Daily_Releases/Daily_Business/2017/
db0714/FCC-17-95A1.pdf. People with
Disabilities: To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Synopsis
1. Overview. In the Order on
Reconsideration, the Commission
addresses four petitions for
reconsideration of the Wireless
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Microphones R&O, 80 FR 71702,
November 17, 2015, concerning licensed
wireless microphone operations in the
TV bands, the 600 MHz ‘‘duplex gap,’’
and several other frequency bands; as
well as three petitions for
reconsideration of the TV Bands Part 15
R&O, 80 FR 73043, November 23, 2015,
concerning unlicensed wireless
microphone operations in the TV bands,
the 600 MHz guard bands and duplex
gap, and the 600 MHz service band.
These petitions involved several
overlapping technical and operational
issues concerning wireless
microphones, the Commission
consolidated them in this one order.
2. Specifically, the Order on
Reconsideration makes technical
revisions to the spurious emission limits
that the Commission had previously
adopted for licensed wireless
microphone operations in several
frequency bands, and for unlicensed
wireless microphone operations in the
TV bands, 600 MHz guard band, and
duplex gap. With respect to licensed
and unlicensed wireless microphone
operations in the TV bands, the 600
MHz guard band and duplex gap, and
the 600 MHz service band (during the
post-auction transition period), the
Order on Reconsideration clarified the
applicable output power measurements;
clarified how certain antenna-related
part 15 rules apply with respect to
unlicensed wireless microphones; and
revises and clarified the requirements
for existing and legacy unlicensed
wireless microphones during and after
the post-auction transition period. In
addition, with respect to licensed
wireless microphone operations in other
frequency bands, the Order on
Reconsideration adopted revisions to
the channelization plan for licensed
wireless microphone operations in the
169–172 MHz band, generally affirms
but provides clarifications regarding the
30-megahertz limit placed on licensed
wireless microphone users’ access to
spectrum in the 1435–1525 MHz band,
and clarified coordination requirements
and operational limitations for licensed
wireless microphone operations in the
941.5–944 MHz band.
3. The Order on Reconsideration also
terminated three proceedings (WT
Docket Nos. 06–166 and 08–167; ET
Docket No. 10–24), begun in 2008 and
2010, that concerned various wireless
microphone issues. All of the issues that
remained in those proceedings have
been subsumed in the proceedings
addressed in the instant Order on
Reconsideration.
4. First, the Commission addressed
issues concerning the spurious emission
limit that applies with respect both to
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licensed wireless microphones that
operate pursuant to the Commission’s
part 74 LPAS rules in the TV bands and
the 600 MHz duplex gap, as well as in
several other frequency bands (i.e., the
941.5–944 MHz band, 944–952 MHz
band, portions of the 952–960 MHz
band, the 1435–1525 MHz band, and
portions of the 6875–7125 MHz band)
and to unlicensed wireless microphone
operations in the TV bands and the 600
MHz guard band and duplex gap. The
Commission then discussed issues that
pertain to rules adopted for licensed and
unlicensed wireless microphone
operations in the TV bands and the 600
MHz guard band and duplex gap.
Specifically, these include: (1) The
output power measurement for licensed
wireless microphone operations in the
VHF TV band, and for unlicensed
wireless microphone operations
throughout the TV bands (both VHF and
UHF); (2) the output power levels for
wireless microphone operations in the
600 MHz guard bands and duplex gap;
(3) the applicability of part 15 antenna
connector rules for unlicensed wireless
microphone operations; (4) the
operation of existing or legacy
unlicensed wireless microphone
equipment after the end of the postauction transition period; and (5)
whether certain wireless microphone
users that operate on an unlicensed
basis can reserve TV channels in the
white spaces database to protect their
operations from interference. The
Commission followed with a discussion
of rules concerning licensed wireless
microphone operations, respectively, in
the 169–172 MHz band and in the 1435–
1525 MHz band. In addition to
addressing the petitions for
reconsideration, the Commission
clarified the coordination procedures
and operational limitations for licensed
wireless microphone operations in the
941.5–944 MHz band. Finally, the
Commission updated various rule parts
in part 15 and part 74 concerning
wireless microphones to reflect the 600
MHz Band Plan, as well as the specific
calendar dates for compliance with
various requirements, that became
effective with the closing of the
incentive auction on April 13, 2017.
5. Spurious Emission Limits. To
promote more efficient use of available
spectrum by wireless microphones, the
Commission adopted new emission
mask rules in 2015 for licensed and
unlicensed wireless microphones that
operate in certain frequency bands. On
reconsideration, the Commission
replaced the spurious emission limits
that were adopted with the ETSI
spurious emission limits for licensed
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and unlicensed wireless microphones.
Specifically, the Commission will
require emissions more than one
megahertz above and below a wireless
microphone carrier frequency (i.e.,
outside the defined ETSI mask) to
comply with the limits in section 8.4 of
ETSI EN 300 422–1. The limit in the
majority of the TV bands, including the
600 MHz band, is four nanowatts (¥54
dBm) effective radiated power (ERP),
the limit at all other frequencies below
1,000 MHz is 250 nanowatts (¥36 dBm)
ERP, and the limit at frequencies above
1,000 MHz is 1 microwatt (¥30 dBm).
In revising our rule to reflect the ETSI
spurious emission limits, the
Commission also harmonized with the
standards that apply to this industry in
other countries.
6. Output Power Measurement for
Licensed Wireless Microphone
Operations in the VHF TV Band. In the
Wireless Microphones R&O, the
Commission sought to provide more
opportunities for licensed wireless
microphone operations in the VHF TV
band. The Commission reasoned that
revising the applicable power limits to
50 mW EIRP would be an effective way
to allow wireless microphone
manufacturers to adjust the conducted
power output of wireless microphones
to compensate for low antenna
efficiency in the VHF band, and would
enable greater use of this portion of the
TV bands by reducing the need for a
relatively large antenna, which could
impede making productive use of this
spectrum. It also noted that specified
the applicable power limit in terms of
EIRP for licensed wireless microphone
operations in the VHF band would
provide uniformity in the VHF band for
both licensed wireless microphone
operations under part 74 and unlicensed
wireless microphone operations under
part 15, as the TV Bands Part 15 R&O
also specified the power limit in terms
of EIRP.
7. The Commission clarified that
manufacturers may show compliance
with the 50 mW EIRP limit for licensed
wireless microphones operating in the
VHF band by making either radiated or
conducted measurements. The
Commission did not intend to
unnecessarily restrict use of this band
for certain types of wireless microphone
applications. Permitting different
options for measuring output power
raises no interference concerns, because
either method can be used to determine
the EIRP of a wireless microphone.
Finally, because the Commission also
clarified that for unlicensed wireless
microphone operations in the TV bands
(VHF and UHF) output power can be
measured in either a conducted or
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radiated test configuration for
comparison to the 50 mW power limit,
as discussed immediately below, our
output power requirements for wireless
microphone operations in the VHF
band, whether for licensed or
unlicensed operations, will be
uniformed.
8. Output Power Measurements for
Unlicensed Wireless Microphone
Operations in the VHF and UHF TV
Bands. In the TV Bands Part 15 R&O,
the Commission adopted rules to permit
unlicensed wireless microphone
operations with a power level of up to
50 mW EIRP in the TV bands, both the
VHF and UHF bands. On
reconsideration, the Commission
addressed clarified that wireless
microphone manufacturers may show
compliance with the 50 mW power limit
for unlicensed wireless microphones
operating in the VHF or UHF band by
making either conducted or radiated
measurements. The Commission agreed
with petitioners that permitting wireless
microphone manufacturers the
flexibility to determine compliance with
the limit through either conducted or
radiated emission measurements would
best serve our goal of promoting
opportunities for different types of
unlicensed wireless microphone
applications.
9. The Commission recognized that
there is a difference in how the power
limits are specified in the rules for
licensed and unlicensed wireless
microphones in the UHF TV band
(conducted power vs. EIRP), but find
that the flexibility that the Commission
allowed to make either conducted or
radiated measurements to meet the
respective limits will allow wireless
microphone manufacturers to use the
same test methodology to demonstrate
the compliance of both licensed and
unlicensed wireless microphones.
Either measurement approach can
reliably establish compliance with the
EIRP limits for wireless microphones.
10. Finally, while the Commission
had not specifically required the use of
the ETSI EN 300–422–1 output power
measurement procedures, the
Commission recognized that this
standard allowed the option of either
conducted or radiated power
measurements for wireless
microphones. Thus, the flexibility that
the Commission allowed a wireless
microphone manufacturer in choosing
the method of power measurements is
consistent with the method employed in
other countries in the global
marketplace. This flexibility also is
consistent with the American National
Standards Institute (ANSI) C63.10–2013
measurement procedure that the
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41551
Commission uses for testing part 15
intentional radiators, as well as Office of
Engineering and Technology published
guidance for measurements relating to
EIRP limits.
11. Output Power Levels for Wireless
Microphone Operations in the 600 MHz
Guard Bands and Duplex Gap. In the
TV Bands Part 15 R&O, the Commission
provided for unlicensed wireless
microphone operations in the 600 MHz
guard bands and in one portion of the
duplex gap under specified technical
rules, and provided for licensed
wireless microphone operations under
the same technical rules in another
portion of the duplex gap. In these
bands, it limited all wireless
microphone operations to an output
power level of 20 mW EIRP.
12. The Commission denied requests
to increase the 20 mW EIRP power level
of wireless microphones that will
operate in the 600 MHz guard band and
duplex gap. The Commission chose this
power level to avoid interference to
licensed wireless services in the
adjacent bands based on a detailed
technical analysis described in the TV
Bands Part 15 R&O.
13. The Commission noted that
operating in the 600 MHz guard band
and duplex gap is only one of several
options for wireless microphone users.
Users that may need more power for
their various applications can use
available spectrum in the TV bands
where a maximum of 50 mW and 250
mW are permitted on an unlicensed and
licensed basis, respectively. The
Commission will allow manufacturers
of licensed and unlicensed wireless
microphones that operate in the 600
MHz guard band and duplex gap the
option to demonstrate compliance with
the 20 mW EIRP power limit through
either conducted power or radiated
measurements.
14. Unlicensed Wireless Microphones
and Part 15 Antenna Connector Rules.
In the TV Bands Part 15 R&O, the
Commission codified the rules for
unlicensed wireless microphone
operations in the TV bands under
§ 15.236 of the Commission’s rules, and
provided for a transition period after
which these unlicensed users may only
use part 15-certified wireless
microphones. Upon consideration of
petitions for reconsideration, the
Commission exempted unlicensed
wireless microphones operating under
§ 15.236 from the antenna connector
restrictions set forth in § 15.203.
Requiring unique antenna connectors
for wireless microphones certified
under part 15 is impractical because
they have different application
requirements when compared with
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other consumer products authorized
under part 15. Such applications, which
require the use of detachable antennas
and may be critical for operating
wireless microphones, could be
inhibited if each make or model of
wireless microphone used different
connectors. The Commission believed
that exempting part 15 wireless
microphones from the requirements of
§ 15.203 is not likely to result in
harmful interference since wireless
microphones with standard antenna
connectors have been approved for use
for many years under part 74 of the
rules, and the Commission has
permitted unlicensed use of such
equipment since 2010 with no
demonstrated cases of abuse (e.g.,
adding high-gain antennas or external
amplifiers) resulting in harmful
interference to other services.
15. Because the licensed and
unlicensed wireless microphones that
operate in the TV bands generally are
the same devices (though higher power
is permitted in the UHF band for
licensed wireless microphones), the
Commission expects that many
unlicensed wireless microphones will
also be certified under part 74, which
does not require permanently attached
antennas or unique antenna connectors.
Also, many of the same types of entities
that operate wireless microphones on a
licensed basis under part 74 (e.g.,
theater groups, musical productions)
will operate wireless microphones on an
unlicensed basis under part 15, either
because they do not meet the threshold
for part 74 licensing eligibility, or
because certain frequency bands (the
600 MHz guard band and a portion of
the duplex gap) are available only for
unlicensed use. For the reasons stated
above, the Commission found that it
should exempt unlicensed wireless
microphones from the requirement in
§ 15.203 that the device must
incorporate a permanently attached
antenna or a unique antenna connector.
By doing so, the Commission has
harmonized the part 15 and 74 rules in
this respect, which will foster efficiency
in the design and manufacture of
wireless microphones.
16. The Commission had not
exempted unlicensed wireless
microphones from the requirements of
§ 15.204 because these requirements are
necessary to ensure that manufacturers
provide information about the types of
antennas and cables that may be used
with a device to ensure compliance with
the EIRP limits applicable to unlicensed
wireless microphones (as discussed
above). The Commission found that the
current equipment authorization rules
and procedures, described in more
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detail below, are not overly burdensome
and provide sufficient flexibility to
address Shure’s concerns with respect
to the certification of in-ear monitors.
17. As a general matter, applicants for
certification must test equipment for
compliance in the worst-case
configuration as determined by the
manufacturer, e.g., using the highest
gain of each antenna type as required by
§ 15.204(c) and, where use of a cable is
involved, the lowest loss cable
associated with each antenna type, to
ensure that the system is operated at
radiated power output levels in
compliance with the rules. Operators of
certified equipment must use an
antenna with the same or lower gain,
and a cable with the same or higher loss,
than was approved with the system. The
Commission does not believe that this
approach is burdensome for equipment
manufacturers or users since it does not
require testing of every possible antenna
and cable combination, and it gives
users the ability to use different
antennas or cable lengths within the
limits of what the equipment
certification allows.
18. The Commission recognized that,
in practice, the length of the cables used
for particular scenarios can differ. For
instance, in cases where a cable that is
significantly longer than the one with
which the equipment was certified must
be used, the higher cable loss could
reduce the EIRP significantly below the
maximum permitted by the rules. To the
extent that part 15 certified equipment
will be professionally installed, existing
procedures allow the installer to
configure the equipment in accordance
with the manufacturer’s instructions to
ensure that the equipment will comply
with the part 15 rules in the
configuration in which it will be used.
The professional installer can thus
compensate for factors such as higher
cable loss to ensure that the equipment
operates at up to, but no greater than,
the power levels permitted by the rules.
While an applicant for certification of
equipment that will be professionally
installed must submit certain additional
information (e.g., a justification for
professional installation and a
description of instructions to installers),
the Commission does not believe these
requirements are overly burdensome on
applicants.
19. Operation of Existing or Legacy
Wireless Microphone Equipment after
End of Post-Auction Transition Period.
The Commission clarified the applicable
rules for unlicensed wireless
microphone users with regard to
continued operation of part 74-certified
equipment during the post-auction
transition period and after the end of
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this period. The Commission also
discussed procedures by which
existing/legacy equipment that has been
certified under part 74, such as that
which has been designed to operate in
portions of the 600 MHz service band,
can be modified in the field by the
manufacturers for use under the new
part 15 rules, and the conditions under
which unlicensed wireless microphone
users may continue to use any existing/
legacy part 74-certified equipment.
20. First, the Commission clarified
that unlicensed wireless microphone
users can continue to operate equipment
that had been certified under part 74,
including equipment that can operate in
portions of what becomes the 600 MHz
service band following the auction, until
the end of the 39-month post auction
transition (provided other conditions for
operation are met). After this transition
period, however, unlicensed wireless
microphone users are only authorized to
operate wireless microphone equipment
that has been certified under our part 15
rules, either as new equipment or as
existing/legacy part 74-certified
equipment that now complies with the
part 15 rules (and thus would not be
capable of operating in the 600 MHz
service band, and instead would be
designed to comply with the applicable
technical rules, including authorized
output power levels, for unlicensed
operations in the TV bands or in the 600
MHz guard band and duplex gap). The
Commission concluded that this
approach will achieve an orderly
transition following the auction that
balances the needs of current
unlicensed wireless microphone users,
who otherwise could incur unduly
burdensome costs in discarding
equipment that can effectively be
modified to comply with the applicable
part 15 requirements, and the needs of
the future 600 MHz service band
licensees that will be providing wireless
service in the coming years. The
Commission noted that, during the 39month post-auction transition period,
unlicensed wireless microphone users
must check the white spaces databases,
prior to operating in the 600 MHz
service band, to identify the channels
available for use at their particular
locations, which is a requirement
designed to protect any 600 MHz service
licensee that commences operations or
conducts first field application (FFA)
testing during this period.
21. The Commission also revised our
requirements concerning the use by
unlicensed wireless microphone users
of existing/legacy equipment that was
originally certified under part 74 and
designed to operate on frequencies that
include frequencies in the 600 MHz
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service band. Specifically, to the extent
that such equipment can be, and is,
effectively modified (e.g., through
software changes) and certified as
compliant with the new part 15 rules,
the Commission will permit unlicensed
wireless microphone users to continue
to use the modified equipment, which
will only operate on frequencies
permitted for their use, after the end of
the post-auction transition period.
Accordingly, the Commission allowed
manufacturers to modify this existing
part 74-certified wireless microphone
equipment so that the equipment is no
longer capable of operating in the 600
MHz service band and can be certified
under the part 15 rules (for operation in
the TV bands and the 600 MHz guard
band and duplex gap under prescribed
rules, including compliance with the
applicable output power limits and
ETSI emission mask). If, for instance,
these modifications can be
accomplished through software changes
to devices that remain in the field (e.g.,
through downloaded software changes),
then the Commission will permit
manufacturers to obtain approval
through the permissive change process,
and indicate under the existing FCC ID
number for that device that, with the
modification, the device would be part
15 compliant. Similarly, for any
existing/legacy part 74-certified
equipment that originally was designed
to operate only in parts of the current
TV bands that remain available for
unlicensed wireless microphone
operations but would not otherwise be
compliant with the new part 15 rules,
the Commission allowed wireless
microphone manufacturers to modify
such equipment to make necessary
changes (e.g., modifications to comply
with the specified lower output power
limits in the guard bands and duplex
gap) so that it can comply with the part
15 rules for such use. To the extent that
no equipment modification or hardware
changes are necessary (e.g., the existing/
legacy equipment operates only on
reconfigured TV band spectrum) and the
equipment meets the other technical
requirements for part 15 operations (e.g.,
maximum output power levels and ETSI
emission mask), then the manufacturer
can file the necessary application for
permissive change to establish this, and
the record associated with the FCC ID
number for this previously certified part
74 device can be updated to reflect that
the device is compliant with the part 15
rules. After the end of the post-auction
transition period unlicensed wireless
microphone users will be permitted to
operate existing/legacy wireless
microphone equipment provided that
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the necessary steps have been taken so
that it has been certified as compliant
with the applicable part 15 rules.
22. If, however, the existing
equipment that operates in the 600 MHz
service band cannot be modified to
comply with the part 15 rules, the
unlicensed wireless microphone users
will continue to be prohibited from
operating that device after the end of the
39-month post-auction transition
period. This requirement is consistent
with our general part 15 requirement
that unlicensed equipment must be
constructed such that controls readily
accessible to the user cannot cause the
equipment to operate in violation of the
technical rules. The Commission found
that, after the end of the post-auction
transition period, requiring unlicensed
wireless microphone users to operate
equipment that has been certified as
compliant with the part 15 rules (e.g.,
equipment that necessitated
modification with respect to elimination
of operations in the 600 MHz service
band, or equipment that meets the
output power limits of 20 mW EIRP if
operating in the guard band or
unlicensed portion of the duplex gap) is
an appropriate and balanced approach
that achieves our goal of ensuring that
unlicensed wireless microphone
operations in the future will not cause
harmful interference to new 600 MHz
wireless services or to broadcast
licensees operating in the TV bands.
23. Wireless microphone
manufacturers will have a critical role to
play with respect to ensuring that
unlicensed users can determine whether
they can continue to use existing/legacy
devices after the end of the post-auction
transition period. Wireless microphone
manufacturers have the requisite
knowledge about their respective
companies’ wireless microphone
devices. To meet their obligations,
unlicensed users seeking to operate
existing/legacy equipment will need to
know whether their particular devices
can be, and ultimately are, certified as
part 15 compliant. Accordingly, the
Commission expects that all wireless
microphone manufacturers make the
necessary information available about
their existing/legacy models so that
users can determine what is required of
them in order to meet their respective
obligations. This information should
include information on their companies’
particular devices, including (1) which
devices will need to be modified,
through hardware and/or software
changes, to comply with part 15
requirements in order to be certified as
part 15-compliant, and the process by
which the manufacturers and the
unlicensed users will achieve this; (2)
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which devices will not need to be
modified to comply, but will be certified
as compliant with the part 15 rules
during the transition period; and (3)
which devices will not comply, and
cannot be certified as compliant with
part 15 requirements (and accordingly
cannot be used after the end of the postauction transition period). Providing
this information can be achieved in
different ways, such as posting the
necessary information on Web sites,
ensuring that customer helplines can
help inform users, or contacting known
customers directly, depending on the
situation.
24. Unlicensed wireless microphone
users with existing/legacy part 74certified equipment also must do their
part by examining their various devices
and taking any necessary actions to
ensure that, after the end of the postauction transition, they only operate
such microphones that comply with
part 15 requirements. They should be in
contact with the manufacturer(s) of their
wireless microphones to obtain
information on their particular devices,
the extent to which they can be made
to comply with the part 15
requirements, and the steps they should
take to modify any devices to bring
them into compliance. Unlicensed
wireless microphone users must ensure
that any existing/legacy device that they
plan to use complies with the part 15
requirements and has been so certified
(either because it has been modified,
where necessary, or otherwise has been
certified as compliant with the part 15
requirements with respect to the
particular frequencies on which it
operates), and that they cease operating
any other wireless microphone devices
that do not comply with the part 15
requirements. The Commission noted
that, as wireless microphone
manufacturers develop new devices that
comply with the part 15 rules for
operations in the TV bands, the 600
MHz guard band, and the duplex gap,
unlicensed wireless microphone users
who need to replace particular existing/
legacy wireless microphones will be
able to obtain new part 15-compliant
microphones before the end of the 39month post-auction transition period to
access the spectrum available for such
operations.
25. Finally, the Commission reminded
manufacturers, and entities that sell,
lease, or offer for sale or lease wireless
microphones, that marketing of any
unlicensed or licensed wireless
microphones that do not comply with
the part 15 or revised part 74 rules
(respectively) must cease no later than
18 months after release of the Channel
Reassignment PN (i.e., October 13,
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2018). Thus, to the extent that existing/
legacy wireless microphones that were
originally designed to operate on any
frequencies that will no longer be
available for use (e.g., devices that are
capable of operating on portions of the
600 MHz service band) as a result of the
incentive auction, such devices cannot
be sold or leased unless the device
subsequently has been modified to
comply with the new part 15 and/or the
revised part 74 requirements for
wireless microphone operations. The
Commission directed the Consumer and
Governmental Affairs Bureau (CGB),
working with the Office of Engineering
and Technology (OET) and the Wireless
Telecommunications Bureau (WTB), to
include discussion of these issues
associated with the use of existing and
legacy wireless microphones as part of
its overall consumer outreach efforts
pertaining to the transition of
unlicensed and licensed wireless
microphone operations that will follow
the incentive auction and
reconfiguration of the existing TV
bands.
26. Registration of Certain Unlicensed
Wireless Microphone Users in the White
Spaces Database. Under our rules,
licensed wireless microphone users
operating in the TV bands (and the 600
MHz service band during the postauction transition period) are permitted
to register their operations on available
channels at specified locations and
times, in the white spaces databases in
order to protect their operations from
potential interference from unlicensed
white space devices. In codifying rules
for unlicensed wireless microphone
operations underpart 15 in the TV
Bands Part 15 R&O, the Commission
eliminated the rule adopted in 2010 that
had permitted certain qualifying
unlicensed wireless microphone users
also to register their operations for such
protection. It determined that their
unlicensed operations should be subject
to the same general conditions as apply
to unlicensed white space devices (i.e.,
they may not cause interference to
authorized services and must accept any
interference from other unlicensed
devices) as it sought to balance the
interests between the licensed and
unlicensed entities’ access to the
spectrum in the reconfigured TV bands.
27. While the Commission agreed that
professional theater, music, and
performing arts organizations that
operate unlicensed wireless
microphones to deliver high quality
sound for their audiences serve
important needs, the Commission
nonetheless declined here to grant
Shure’s petition insofar as it requests
that the Commission to revise the new
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part 15 rules to permit unlicensed
wireless microphone users to register
their unlicensed operations for
protection from other unlicensed
operations in the TV bands. The
Commission concluded that allowing
these unlicensed users to obtain
interference protection would be
inconsistent with their unlicensed
status. The Commission instead sought
to address the concerns raised in the
petition through Further Notice.
28. In the several actions that the
Commission has taken related to the
incentive auction and the
reconfiguration of the TV bands, it has
sought to balance different users’ needs
for access to spectrum. In the
Commission’s considerations regarding
wireless microphones, it has recognized
that following the incentive auction
there will be fewer channels in the TV
bands available for both wireless
microphone and white space device
operations. In expanding the eligibility
for part 74 wireless microphone licenses
in 2014 to include professional sound
companies and owners and operators of
large venues that routinely use 50 or
more wireless microphones in major
events or productions, the Commission
sought to address the needs of many
unlicensed wireless microphone users
that have similar needs to the other part
74 wireless microphone licensees to
provide high quality audio services for
large scale performances and events.
And, in codifying the rules for
unlicensed wireless microphone
operations under part 15 in the TV
Bands Part 15 R&O in 2015, the
Commission concluded it best, from a
regulatory policy standpoint, to place all
unlicensed users—whether wireless
microphone or white space device
users—under the same general
unlicensed status vis-a-vis both
unlicensed and licensed operations (i.e.,
unlicensed users may not cause harmful
interference to authorized services and
must accept any interference from other
unlicensed devices). The Commission
continued to view this as the best
approach for unlicensed wireless
microphone users that operate under the
part 15 rules for unlicensed operations.
29. Although The Commission had
denied the petition insofar as Shure
requests that the Commission permit
wireless microphone users that operate
on an unlicensed basis to register for
interference protection, the Commission
understands that some entities that
currently operate wireless microphones
on an unlicensed basis may have needs
identical or similar to the professional
sound company/large venues that
qualify for part 74 wireless microphone
licenses for operation in the TV band
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spectrum. As the Commission
concluded when expanding the part 74
license eligibility in 2014 for operation
in the TV band, the 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 for
their productions. No party sought
reconsideration of this particular
threshold established in that
proceeding, and the Commission cannot
revisit that threshold absent additional
notice. The Commission did, however,
believe that some number of entities
with identical or similar needs may be
able to demonstrate to the Commission,
on a case-by-case basis, that they may
merit obtaining a part 74 license for
operations on vacant TV channels at
particular venues at specified times,
such that they should be permitted to
register available TV channels for that
purpose. These entities may use fewer
wireless microphones but otherwise
have the same needs as licensees that
operate on TV channels, or the wireless
microphones may be needed for major
events or productions at a location with
very limited spectrum availability.
Accordingly, the Commission has
adopted a Further Notice in these
proceedings in which the Commission
proposed a path that will enable such
qualifying entities to obtain a license
under our part 74 LPAS rules.
Considering that the phased broadcast
station transitioning to the repacked TV
bands begins next year, the Commission
intends to act quickly to issue an order
addressing the proposal set forth in the
Further Notice.
30. Licensed Wireless Microphone
Operations in the 169–172 MHz Band.
In the Wireless Microphones R&O, the
Commission sought to promote more
expansive use of spectrum in the 169–
172 MHz band for licensed wireless
microphone operations, which are
authorized on a secondary basis, and to
do so in a manner that does not interfere
with the primary Federal operations or
other secondary non-Federal services
operating in the band. The Commission
agrees with Sennheiser and other
wireless microphone manufacturers that
the Commission should take steps to
increase the usefulness of the 169–172
MHz band for wireless microphones by
permitting wireless microphone
operations under a different channel
plan, one that eliminates
intermodulation effects and thereby
enables full use of the 54- and 200kilohertz (narrowband and broadband)
channels throughout the band.
In revising the Commission’s rules,
the Commission promoted the goals set
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forth in the Wireless Microphones R&O
to find additional ways to accommodate
wireless microphone operations while
protecting other licensed operations in
the 169–172 MHz band, such as
operations on forest fighting channels.
In particular, the Commission revised
the center frequencies associated with
two of the 200-kilohertz channels,
shifting the authorization to operate on
channels centered at 169.475 MHz and
170.275 MHz to 169.575 MHz and
170.025 MHz, and the Commission
permit 54-kilohertz operations on four
new channels that would correspond
with these 200-kilohertz channels,
specifically authorizing such wireless
microphone operations on frequencies
centered at 169.545 MHz, 169.605 MHz,
169.995 MHz, and 170.055 MHz. The
Commission did not, however, revise its
rules to eliminate the current
authorizations to operate 54-kilohertz
wireless microphones on the channels
centered at 169.445 MHz, 169.505 MHz,
170.245 MHz, and 170.305 MHz. These
channels will remain available for
licensees that do not choose to obtain
wireless microphones designed to
operate on the newly-available
channels. The approach the
Commission has taken serves to provide
additional opportunities for wireless
microphone licensees that purchase
new equipment that can make full and
efficient use of the band, whether for
professional-quality 200-kilohertz
microphones or for 54-kilohertz wireless
microphones, while at the same time
continues to allow other licensees to
operate 54-kilohertz wireless
microphones on any of the current 54kilohertz channels. The Commission
noted that certain of the 54-kilohertz
channels under our existing rules may
overlap with one of the revised 200kilohertz channels, and that operations
on some of the existing 54-kilohertz
channels potentially could continue to
create intermodulation effects that could
limit the full use of the 169–172 MHz
band for wireless microphone
operations. Under existing
requirements, all wireless microphone
applicants and licensees must cooperate
in the selection and use of frequencies
in order to reduce interference and
make the most effective use of the
authorized facilities. And, considering
that wireless microphone users will be
operating devices that operate at low
power and transmit only short
distances, and that the other operations
in the band are not likely in the same
areas, we do not anticipate that
interference issues are likely to arise as
a practical matter. In any event, the
Commission expects that different
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licensees that potentially could suffer or
cause interference to one another to
cooperate and resolve any potential
problem by mutually satisfactory
arrangements.
31. Licensed Wireless Microphone
Operations in the 1435–1525 MHz Band.
In the Wireless Microphones R&O, the
Commission authorized limited use of
the 1435–1525 MHz band for licensed
wireless microphone operations on a
secondary basis in the band, provided
that certain conditions and safeguards
designed to protect the primary
Aeronautical Mobile Telemetry (AMT)
services in the band are met. It observed
that the Commission’s experience
through the Special Temporary
Authority (STA) process demonstrates
that, under proper conditions, wireless
microphones will be able to operate in
this band without interfering with AMT
operations. The Commission limited
eligibility to professional users licensed
under our part 74 LPAS rules, and
emphasized that it was not opening up
this band either for widespread use or
for itinerant uses throughout the nation.
It restricted use to specific fixed
locations, such as large venues where
there is a need to deploy large numbers
of microphones (typically 100 or more)
for specified time periods and indicated
that access to the band is intended for
situations in which the other available
spectrum resources are insufficient.
32. On reconsideration, the
Commission affirmed the decision
establishing a 30 megahertz limit on the
amount of spectrum available for
wireless microphone operations in the
1435–1525 MHz band at a particular
location. The Commission did, however,
provide clarifications regarding how
this limitation applies with respect to
different wireless microphone users and
to particular areas of operations, which
should help accommodate more
wireless microphone users that operate
in the same general area and have a
need for access to spectrum in this
band. In those few extraordinary
instances in which a particular licensed
wireless microphone user can
demonstrate that access to more than 30
megahertz of this band for a specified
event is merited, the STA process
remains available for addressing those
needs.
33. In the Wireless Microphones R&O,
the Commission stated that ‘‘all wireless
microphones operating in a particular
area’’ would be limited to access to no
more than 30 megahertz in the 1435–
1525 MHz band. In affirming the
decision to place a limit on the amount
of spectrum available for wireless
microphone use in a particular area, we
clarify that this 30-megahertz limit will
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be applied to each licensed wireless
microphone user seeking access to
spectrum in the 1435–1525 MHz band
for its own wireless microphone
operations at a particular location or
venue. The Commission concluded that
the 30 megahertz limitation as clarified
is reasonable and consistent with the
Commission’s goals associated with
operations in this band. The
Commission disagreed with petitioners
who argue there was insufficient notice
or basis in the record for adopting a 30megahertz limitation in the first place.
In the Wireless Microphones NPRM, the
Commission proposed only limited use
of the 1435–1525 MHz band for wireless
microphone use, stated that it was not
proposing to open the band to
widespread use, and noted its
overarching goal of promoting efficient
use of spectrum when accommodating
wireless microphone operations. In
response to the notice, and as discussed
in the Wireless Microphones R&O, some
commenting parties expressed concerns
that accommodation of wireless
microphones in the band not limit other
secondary uses of the band (i.e., video
services that access the band through
the STA process), or objected to the
Commission making the entire 90
megahertz available for wireless
microphone use. While the Commission
did not specifically propose a 30megahertz limit, the Commission made
clear that in addition to its proposal
regarding potential limits (e.g.,
restricting operations to specific, fixed
locations at specific times) it would
consider ‘‘alternative proposals’’ on
‘‘any other regulatory or technical issues
relevant to consideration’’ of whether to
authorize wireless microphone
operations in the 1435–1525 MHz band.
As evidenced by commenter objections
to making the entire 90 megahertz in the
band available for wireless microphone
use, this guidance was sufficient to
apprise interested parties that the
Commission might consider additional
limitations for wireless microphone
operations (like the 30-megahertz
limitation) on the amount of spectrum
that a licensee could access under a
given license. As such, the
Commission’s decision to adopt the 30megahertz limitation was, at a
minimum, a logical outgrowth of the
proposals made in the Wireless
Microphones NPRM, and thus complied
with notice requirements.
34. Moreover, the record contains
ample basis to support the balance that
the Commission sought to achieve when
establishing the 30-megahertz limitation
for operations in this band—i.e.,
accommodating wireless microphone
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operations through access to spectrum
in this band along with other bands,
while also promoting efficient spectrum
use. By limiting a particular operator to
access to no more than 30 megahertz of
the spectrum in this band, we also
promote our goals concerning efficient
use of the spectrum in this band, and we
help ensure that other licensed wireless
microphone users can access portions of
this spectrum for their needs as well.
While there may be extraordinary
situations or special events in which
access to 30 megahertz in this band may
be insufficient, for which the STA
process remains available (as discussed
below), we are not persuaded by
petitioners that we should remove the
general limitation and instead provide a
particular user with general access to all
90 megahertz of spectrum in the band.
In sum, we conclude that a 30megahertz limitation is balanced and
reasonable, particularly with the
clarification that follows regarding
implementation of this limitation.
35. The Commission also clarified
how this general limitation will apply to
different licensed wireless microphone
users that may operate in the same
general area or location. The
Commission recognized, as noted by the
petitioner and commenters above, that
in some areas of the country the
spectrum available for licensed wireless
microphone operations may be quite
constrained (e.g., the theater district in
New York City, or the Las Vegas strip).
The Commission also recognized that
different users in that same general area
or location may be seeking to access
portions of the same general spectrum
resource for their respective wireless
microphone operations at a particular
venue. While the Commission is
limiting each wireless microphone
user’s operations in a particular area or
venue to access to no more than 30
megahertz in the band (i.e., one-third of
the spectrum in the band), as discussed
above, the Commission clarified that
different users in the same general area
can each access up to 30 megahertz of
the spectrum in the band for their
respective wireless microphone
operations.
36. As discussed above, there may be
extraordinary situations for which a
licensed wireless microphone user may
need access to more than 30 megahertz
of spectrum in the band for a specific
event at a particular location or area. For
any such extraordinary event, the STA
process remains available to meet these
needs. In keeping with existing
requirements for obtaining an STA, the
wireless microphone licensee would
need to demonstrate that all of the
spectrum resources available to it for
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that event are insufficient to meet its
needs. The Commission rejected Shure’s
request that we eliminate use of STAs
in this band for either wireless
microphone or video production
operations. The Commission recognized
that, for particular events, both
professional wireless microphone users
and professional video production
services may seek access to spectrum in
the 1435–1525 MHz band through STAs
in the same general location or area. To
the extent that these different entities
may seek access to the 1435–1525 MHz
band at the same location and time for
scheduled events, the Commission
expected these users to coordinate their
audio and video operations.
37. Licensed Wireless Microphone
Operations in the 941.5–944 MHz Band.
In the Wireless Microphones R&O, the
Commission revised its rules to provide
new opportunities for licensed wireless
microphone operations in the bands
adjacent to the 944–952 MHz band,
which has long been available for
wireless microphone operations under
the Commission’s part 74 LPAS rules.
Given the need to coordinate the
wireless microphone operations with
the various incumbent primary Federal
fixed services that may operate at
different frequencies and locations
throughout the 941.5–944 MHz band,
we provide the following guidance.
After coordination of proposed wireless
microphone operations with incumbent
non-Federal users through the local SBE
coordinator, the applicant will file its
application for an LPAS license with the
Commission. In addition to the basic
technical information (such as the
particular frequencies and maximum
power levels that the applicant proposes
to use), the applicant is required to
provide a description of the proposed
location and area(s) of operation. To
facilitate the Commission’s coordination
of the proposed wireless microphone
operations with incumbent Federal
users, each application should provide
sufficient specificity regarding the
proposed location(s) (e.g., venues) of the
wireless microphone operations for
which the applicant seeks authorization,
and limit its request only to the area(s)
necessary to meet its particular
communications needs. Providing such
specificity is consistent with the
approach used for coordinating coprimary non-Federal fixed service
applications with Federal fixed
operations in the band, and also is
consistent with the approach taken with
regard to secondary licensed wireless
microphone operations in the 1435–
1525 MHz band. Finally, the
Commission noted that, under the
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applicable LPAS rules, wireless
microphone licensees are not granted
exclusive frequency assignments for
their secondary operations.
Accordingly, the grant of a LPAS license
to one entity for wireless microphone
operations at a specified location (e.g.,
a venue) does not preclude the grant of
additional LPAS licenses to other
entities at the same location following
successful coordination of their
proposed operations with the primary
users of the band.
38. Updating Rules to Reflect 600
MHz Band Plan and Other
Miscellaneous Revisions. The broadcast
television incentive auction closed on
April 13, 2017. As a result, the 600 MHz
Band Plan is now finalized, and the
specific frequencies associated with the
600 MHz service band, the 600 MHz
guard band, and the 600 MHz duplex
gap are now established. Accordingly,
the Commission updated various rule
parts in part 15 (affecting unlicensed
wireless microphone operations) and
part 74 (affected licensed wireless
microphone operations) to reflect the
600 MHz Band Plan. In addition, the
Commission updated these rules to
reflect specific calendar dates for
compliance with various requirements
that attach based on the date of release
of the Closing and Channel
Reassignment PN and the establishment
of the post-auction transition period.
Finally, the Commission also took this
opportunity to reinsert part of a rule
provision in § 87.303(d)(1) that had been
inadvertently deleted with the rule
changes adopted in the Wireless
Microphones R&O.
Procedural Matters
39. Paperwork Reduction Analysis.
This Order on Reconsideration contains
new 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 information
collection requirements contained in
this proceeding. In addition, we note
that pursuant to the Small Business
Paperwork Relief Act of 2002 (SBPRA),
Public Law 107–198, see 44 U.S.C.
3506(c)(4), we previously sought
specific comment on how the
Commission might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
40. We have assessed the effects of
various changes and clarifications to the
Wireless Microphones R&O and TV
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Bands Part 15 R&O that might impose
information collection burdens on small
business concerns, and find that those
changes and clarifications facilitate
licensed and unlicensed wireless
microphone use of various frequency
bands and provide wireless microphone
manufacturers with greater flexibility in
designing products to meet market
demands. We anticipate no adverse
impacts on small business concerns
with fewer than 25 employees.
41. Congressional Review Act. The
Commission will send a copy of this
Order on Reconsideration to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
42. 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.’’ According,
we have prepared Final Regulatory
Flexibility Analysis concerning the
possible impact of the Order on
Reconsideration on small entities. While
the Order on Reconsideration generally
upholds the rules adopted in the
Wireless Microphones R&O and the TV
Bands Part 15 R&O, it makes the
changes and clarifications specified
above. These changes and clarifications
facilitate licensed and unlicensed
wireless microphone use of various
frequency bands by permitting more
flexibility in meeting the technical
requirements relating to emission limits,
more efficient use of the 169–172 MHz
band, increased access to the 1435–1525
MHz band, and the possibility of
interference protection for certain
professional unlicensed wireless
microphone users; resolving
uncertainties in the rules regarding
power requirements, when unlicensed
microphones can continue to operate
equipment certified under part 74, and
when wireless microphone applicants
must coordinate; and providing wireless
microphone manufacturers with greater
flexibility in designing products to meet
market demands.
43. The Commission anticipates no
adverse economic impact on small
entities because, with one exception, the
changes provide these entities benefits
previously unavailable to them, as
opposed to mandating new
requirements on them. That exception
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involves the clarification that applicants
for LPAS licenses to operate wireless
microphones on frequencies in the
941.5–944 MHz band are required to
have their proposed operations
successfully coordinated with Federal
users. However, the Commission
believes that this requirement will
impose only a de minimis burden.
Significant alternatives considered
include making no changes to the rules
adopted in the Wireless Microphones
R&O and in the TV Bands Part 15 R&O
or making more extensive changes to
those rules. However, the Commission
finds that the relatively limited number
of changes made in the Order best
balances the needs of wireless
microphone users and manufacturers
and other entities that use the same
frequency bands by providing wireless
microphone users and manufacturers
increased flexibility to meet their
requirements in those bands without
impairing other entities’ access to the
bands.
Ordering Clauses
44. It is ordered that, pursuant to
sections 1, 4(i), 4(j), 7(a), 301, 302,
303(f), 303(g), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
157(a), 301, 302a, 303(f), 303(g), and
303(r), and section 553(b)(B) of the
Administrative Procedure Act, 5 U.S.C
553(b)(B), this Order on Reconsideration
is adopted.
45. It is ordered that parts 2, 15, 74,
87, and 90 of the Commission’s rules, 47
CFR parts 2, 15, 74, 87, and 90, are
amended as set forth in the Final Rules.
46. It is ordered that the rules adopted
herein will become effective October 2,
2017, except for § 74.803(c) and (d) of
our rules, which contains a new
information collection requirement that
requires approval by the OMB under the
PRA, which will become effective after
the Commission publishes a notice in
the Federal Register announcing such
approval and the relevant effective date.
47. It is further ordered that, pursuant
to section 405 of the Communications
Act of 1934, as amended, 47 U.S.C. 405,
and § 1.429 of the Commission’s rules,
47 CFR 1.429, the Petitions for
Reconsideration of the Report and Order
in GN Docket No. 14–166 and GN
Docket No. 12–268, filed by AudioTechnica, U.S., Inc., Sennheiser
Electronic Corporation, Lectrosonics,
Inc., and Shure Incorporated, and the
Petitions for Reconsideration of the
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Report and Order in ET Docket No. 14–
165 and GN Docket No. 12–268, filed by
Audio-Technica, U.S., Inc., Sennheiser
Electronic Corporation, and Shure
Incorporated are granted in part and
denied in part to the extent described
herein.
48. It is ordered, pursuant to sections
4(i) and (j) of the Communications Act,
as amended, 47 U.S.C. 154(i) and (j),
and §§ 0.131 and 0.331 of the
Commission’s rules, 47 CFR 0.131,
0.331, that WT Docket Nos. 08–166 and
08–167 and ET Docket No. 10–24 are
terminated.
List of Subjects
47 CFR Part 2
Telecommunications.
47 CFR Part 15
Communications equipment.
47 CFR Part 74
Incorporation by reference, Reporting
and recordkeeping requirements.
47 CFR Part 87
Communications equipment.
47 CFR Part 90
Business and industry.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 2, 15,
74, 87, and 90 as follows:
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. Section 2.106, the Table of
Frequency Allocations, is amended as
follows:
■ a. Revise page 32.
■ b. Revise footnotes US84 and US300
in the list of United States (US)
Footnotes.
The revisions read as follows:
■
§ 2.106
*
Table of Frequency Allocations.
*
*
*
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5.325
942-960
FIXED
MOBILE 5.317A
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5.323
960-1164
AERONAUTICAL MOBILE (R) 5.327A
AERONAUTICAL RADIONAVIGATION 5.328
5.327
942-960
FIXED
MOBILE 5.317A
BROADCASTING
941-944
FIXED
941-944
FIXED
US268 US301 G2
944-960
US84 US268 US301 NG30 NG35
944-960
FIXED
5.320
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AERONAUTICAL RADIONAVIGATION 5.328
RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B
Public Mobile (22)
Aural Broadcast Auxiliary (7 4E)
Low Power Auxiliary (74H)
Fixed Microwave (101)
NG35
960-1164
AERONAUTICAL MOBILE (R) 5.327A
AERONAUTICAL RADIONAVIGATION 5.328
Aviation (87)
US224
1164-1215
AERONAUTICAL RADIONAVIGATION 5.328
RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space)
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5.328A
1215-1240
EARTH EXPLORATION-SATELLITE (active)
RADIOLOCATION
RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B 5.329 5.329A
SPACE RESEARCH (active)
5.328A US224
1215-1240
1215-1240
EARTH EXPLORATION-SATELLITE (active) Earth exploration-satellite (active)
RADIOLOCATION G56
Space research (active)
RADIONAVIGATION-SATELLITE
(space-to-Earth) (space-to-space) G132
SPACE RESEARCH (active)
5.330 5.331 5.332
1240-1300
EARTH EXPLORATION-SATELLITE (active)
RADIOLOCATION
RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B 5.329 5.329A
SPACE RESEARCH (active)
Amateur
5.332
1240-1300
EARTH EXPLORATION-SATELLITE (active)
RADIOLOCATION G56
SPACE RESEARCH (active)
AERONAUTICAL RADIONAVIGATION
5.282 5.330 5.331 5.332 5.335 5.335A
1300-1350
RADIOLOCATION
AERONAUTICAL RADIONAVIGATION 5.337
RADIONAVIGATION-SATELLITE (Earth-to-space)
5.332 5.335
1300-1350
AERONAUTICAL RADIONAVIGATION
5.337
Radiolocation G2
5.282
1300-1350
AERONAUTICAL
RADIONAVIGATION 5.337
5.149 5.337A
1350-1400
FIXED
MOBILE
RADIOLOCATION
US342
1350-1390
FIXED
MOBILE
RADIOLOCATION G2
US342
1350-1390
5.334 5.339 US342 US385 G27 G114
1390-1395
5.334 5.339 US342 US385
1390-1395
FIXED
MOBILE except aeronautical mobile
1350-1400
RADIOLOCATION 5.338A
1240-1300
AERONAUTICAL
RADIONAVIGATION
Amateur
Earth exploration-satellite (active)
Space research (active)
Amateur Radio (97)
Aviation (87)
Wireless Communications (27)
5.339 US79 US342 US385
5.339 US79 US342 US385 NG338A
1395-1400
Personal Radio (95)
LAND MOBILE (medical telemetry and medical telecommand)
5.149 5.338 5.338A 5.339
ER01SE17.138
5.149 5.334 5.339
5.339 US79 US342 US385
Page 32
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16:20 Aug 31, 2017
5.323
942-960
FIXED
MOBILE except aeronautical
mobile 5.317A
BROADCASTING 5.322
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
BILLING CODE 6712–01–C
*
*
*
*
*
United States (US) Footnotes
*
*
*
*
*
US84 In the bands 941.5–944 MHz and
1435–1525 MHz, low power auxiliary
stations may be authorized on a secondary
basis, subject to the terms and conditions set
forth in 47 CFR part 74, subpart H.
*
*
*
*
*
US300 The frequencies 169.445, 169.505,
169.545, 169.575, 169.605, 169.995, 170.025,
170.055, 170.245, 170.305, 171.045, 171.075,
171.105, 171.845, 171.875, and 171.905 MHz
are available for wireless microphone
operations on a secondary basis to Federal
and non-Federal operations. On center
frequencies 169.575 MHz, 170.025 MHz,
171.075 MHz, and 171.875 MHz, the
emission bandwidth shall not exceed 200
kHz. On the other center frequencies, the
emission bandwidth shall not exceed 54 kHz.
*
*
*
*
*
PART 15—RADIO FREQUENCY
DEVICES
3. The authority citation for part 15
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336, 544a, and 549.
4. Section 15.37 is amended by
revising paragraph (i) and paragraph (k)
introductory text to read as follows:
■
§ 15.37 Transition provisions for
compliance with the rules.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(i) As of December 26, 2017, wireless
microphones for which an application
for certification is filed must comply
with the requirements of § 15.236.
Manufacturing and marketing of
wireless microphones that would not
comply with the rules for operation in
§ 15.236 must cease no later than
September 24, 2018. Only wireless
microphones certified for operation
under this part may be operated under
this part as of July 13, 2020.
*
*
*
*
*
(k) Disclosure requirements for
unlicensed wireless microphones
capable of operating in the 600 MHz
service band. Any person who
manufactures, sells, leases, or offers for
sale or lease, unlicensed wireless
microphones that are capable of
operating in the 600 MHz service band,
as defined in this part, on or after July
13, 2017, is subject to the following
disclosure requirements:
*
*
*
*
*
■ 5. Section 15.203 is revised to read as
follows:
§ 15.203
Antenna requirement.
An intentional radiator shall be
designed to ensure that no antenna
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other than that furnished by the
responsible party shall be used with the
device. The use of a permanently
attached antenna or of an antenna that
uses a unique coupling to the
intentional radiator shall be considered
sufficient to comply with the provisions
of this section. The manufacturer may
design the unit so that a broken antenna
can be replaced by the user, but the use
of a standard antenna jack or electrical
connector is prohibited. This
requirement does not apply to carrier
current devices or to devices operated
under the provisions of §§ 15.211,
15.213, 15.217, 15.219, 15.221, or
§ 15.236. Further, this requirement does
not apply to intentional radiators that
must be professionally installed, such as
perimeter protection systems and some
field disturbance sensors, or to other
intentional radiators which, in
accordance with § 15.31(d), must be
measured at the installation site.
However, the installer shall be
responsible for ensuring that the proper
antenna is employed so that the limits
in this part are not exceeded.
■ 6. Section 15.236 is amended by
revising paragraphs (a)(2) through (4),
(c)(1), (c)(3), removing and reserving
paragraph (c)(4), revising paragraphs
(c)(5), (d)(2), and (g) to read as follows:
§ 15.236 Operation of wireless
microphones in the bands 54–72 MHz, 76–
88 MHz, 174–216 MHz, 470–608 MHz and
614–698 MHz.
*
*
*
*
*
(a) * * *
(2) 600 MHz duplex gap. An 11
megahertz guard band at 652–663 MHz
that separates part 27 600 MHz service
uplink and downlink frequencies.
(3) 600 MHz guard band. Designated
frequency band at 614–617 MHz that
prevents interference between licensed
services in the 600 MHz service band
and channel 37.
(4) 600 MHz service band.
Frequencies in the 617–652 MHz and
663–698 MHz bands that are reallocated
and reassigned for 600 MHz band
services under part 27.
*
*
*
*
*
(c) * * *
(1) Channels allocated and assigned
for the broadcast television service.
*
*
*
*
*
(3) The 657–663 MHz segment of the
600 MHz duplex gap.
(4) [Reserved]
(5) The 614–616 MHz segment of the
600 MHz guard band.
*
*
*
*
*
(d) * * *
(2) In the 600 MHz guard band and
the 600 MHz duplex gap: 20 mW EIRP.
*
*
*
*
*
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(g) Emissions within the band from
one megahertz below to one megahertz
above the carrier frequency shall
comply with the emission mask in § 8.3
of ETSI EN 300 422–1 V1.4.2 (2011–08),
Electromagnetic compatibility and
Radio spectrum Matters (ERM); Wireless
microphones in the 25 MHz to 3 GHz
frequency range; Part 1: Technical
characteristics and methods of
measurement. Emissions outside of this
band shall comply with the limits
specified in section 8.4 of ETSI EN 300
422–1 V1.4.2 (2011–08).
■ 7. Section 15.711 is amended by
revising paragraph (a) to read as follows:
§ 15.711
Interference avoidance methods.
*
*
*
*
*
(a) Geolocation required. White space
devices shall rely on a geolocation
capability and database access
mechanism to protect the following
authorized service in accordance with
the interference protection requirements
of § 15.712: Digital television stations,
digital and analog Class A, low power,
translator and booster stations;
translator receive operations; fixed
broadcast auxiliary service links; private
land mobile service/commercial radio
service (PLMRS/CMRS) operations;
offshore radiotelephone service; low
power auxiliary services authorized
pursuant to §§ 74.801 through 74.882 of
this chapter, including licensed wireless
microphones; MVPD receive sites;
wireless medical telemetry service
(WMTS); radio astronomy service
(RAS); and 600 MHz service band
licensees where they have commenced
operations, as defined in § 27.4 of this
chapter. In addition, protection shall be
provided in border areas near Canada
and Mexico in accordance with
§ 15.712(g).
*
*
*
*
*
■ 8. Section 15.713 is amended by
removing and reserving paragraph (j)(9)
as follows:
§ 15.713
White space database.
*
*
*
*
(j) * * *
(9) [Reserved]
*
*
*
*
*
*
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
9. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336, and 554.
10. Section 74.801 is amended by
removing the ‘‘Note to Definitions of
■
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600 MHz Duplex Gap, 600 MHz Guard
Bands, and 600 MHz Service Band,’’
and by revising the definitions of ‘‘600
MHz duplex gap,’’ ‘‘600 MHz guard
bands,’’ and ‘‘600 MHz service band’’ to
read as follows:
§ 74.801
Definitions.
600 MHz duplex gap. An 11
megahertz guard band at 652–663 MHz
that separates part 27 600 MHz service
uplink and downlink frequencies.
600 MHz guard band. Designated
frequency band at 614–617 MHz that
prevents interference between licensed
services in the 600 MHz service band
and channel 37.
600 MHz service band. Frequencies in
the 617–652 MHz and 663–698 MHz
bands that are reallocated and
reassigned for 600 MHz band services
under part 27.
*
*
*
*
*
■ 11. Section 74.802 is amended by
revising paragraph (a)(1), adding Note to
paragraph (a)(1) and revising paragraph
(a)(2) to read as follows:
§ 74.802
Frequency assignment.
sradovich on DSK3GMQ082PROD with RULES
(a)(1) Frequencies within the
following bands may be assigned for use
by low power auxiliary stations:
26.100–26.480 MHz
54.000–72.000 MHz
76.000–88.000 MHz
161.625–161.775 MHz (except in Puerto
Rico or the Virgin Islands)
174.000–216.000 MHz
450.000–451.000 MHz
455.000–456.000 MHz
470.000–488.000 MHz
488.000–494.000 MHz (except Hawaii)
494.000–608.000 MHz
614.000–698.000 MHz
941.500–944.000 MHz
944.000–952.000 MHz
952.850–956.250 MHz
956.45–959.85 MHz
1435–1525 MHz
6875.000–6900.000 MHz
7100.000–7125.000 MHz
Note to Paragraph (a)(1): Frequency
assignments in the 614.000–698.000 MHz
band are subject to conditions established in
proceedings pursuant to GN Docket No. 12–
268. This band is being transitioned to the
600 MHz service band, the 600 MHz guard
band, and the 600 MHz duplex gap during
the post-incentive auction transition period
(as defined in § 27.4 of this chapter), which
began on April 13, 2017. Low power
auxiliary stations must comply with the
applicable conditions with respect to any
assignment to operate on frequencies
repurposed for the 600 MHz service band, the
600 MHz guard band, and the 600 MHz
duplex gap, respectively. This rule will be
further updated, pursuant to public notice or
subsequent Commission action, to reflect
additional changes that implement the
determinations made in these proceedings.
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(2) The 653.000–657.000 MHz
segment of the 600 MHz duplex gap
may be assigned for use by low power
auxiliary service.
*
*
*
*
*
■ 12. Section 74.803 is amended by
revising paragraphs (c) and (d) to read
as follows:
§ 74.803 Frequency selection to avoid
interference.
*
*
*
*
*
(c) In the 941.5–944 MHz, 944–952
MHz, 952.850–956.250 MHz, 956.45–
959.85 MHz, 6875.000–6900.000 MHz,
and 7100.000–7125.000 MHz bands low
power auxiliary station usage is
secondary to other uses (e.g. Aural
Broadcast Auxiliary, Television
Broadcast Auxiliary, Cable Relay
Service, Fixed Point to Point
Microwave) and must not cause harmful
interference. In the 941.5–944 MHz
band, low power auxiliary station usage
also is secondary to Federal operations
in the band. In each of these bands,
applicants are responsible for selecting
the frequency assignments that are least
likely to result in mutual interference
with other licensees in the same area.
Applicants must consult local frequency
coordination committees, where they
exist, for information on frequencies
available in the area. In selecting
frequencies, consideration should be
given to the relative location of receive
points, normal transmission paths, and
the nature of the contemplated
operation.
(d) In the 1435–1525 MHz band, low
power auxiliary station (LPAS)
authorizations are limited to operations
at fixed locations, and only to the extent
that applicable requirements have been
met for the proposed operations at those
specified locations.
(1) Each authorization is limited to
specific events or situations for which
there is a need to deploy large numbers
of LPAS for specified time periods, and
use of other available spectrum
resources at that particular location is
insufficient to meet the LPAS licensee’s
needs.
(2) The access to spectrum in the band
must be coordinated with the frequency
coordinator for aeronautical mobile
telemetry, the Aerospace and Flight Test
Radio Coordinating Committee
(AFTRCC) prior to operations at the
specified location and period of time,
with AFTRCC indicating whether any
specific frequencies in the band are
unavailable for use. LPAS devices must
complete authentication and location
verification before operations begin,
employ software-based controls or
similar functionality to prevent devices
in the band from operating except in the
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specific channels, locations, and time
periods that have been coordinated, and
be capable of being tuned to any
frequency in the band.
(3) LPAS users may have access to no
more than 30 megahertz of spectrum
(one third of the 1435–1525 MHz band)
for their operations at the specified
locations. Different users in the same
general area each can access up to 30
megahertz of spectrum for their
respective operations. All licensees that
have successfully coordinated with
AFTRCC for access to the 1435–1525
MHz band for operations at their
specified locations in the same general
area must, to the extent necessary,
coordinate their particular access to and
use of spectrum with other licensees to
minimize the potential for interference
between and among the different
operations.
■ 13. Section 74.831 is revised to read
as follows:
§ 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
941.5–944 MHz, 944–952 MHz,
952.850–956.250 MHz, 956.45–959.85
MHz, 6875–6900 MHz, and 7100–7125
MHz bands may, in addition, transmit
synchronizing signals and various
control signals to portable or handcarried 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.
■ 14. Section 74.832 is amended by
revising paragraph (d) to read as
follows:
§ 74.832 Licensing requirements and
procedures.
*
*
*
*
*
(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 in the
bands allocated for TV broadcasting, the
653–657 MHz band, the 941.5–944 MHz
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band, the 944–952 MHz band, the
952.850–956.250 MHz band, the
956.45–959.85 MHz band, the 1435–
1525 MHz band, the 6875–6900 MHz
band, and the 7100–7125 MHz band. In
the 6875–6900 MHz and 7100–7125
MHz bands, entities eligible to hold
licenses for cable television relay
service stations (see § 78.13 of this
chapter) shall also be eligible to hold
licenses for low power auxiliary
stations.
*
*
*
*
*
■ 15. Section 74.851 is amended by
revising paragraphs (i) through (k), and
paragraph (l) introductory text to read as
follows:
§ 74.851 Certification of equipment,
prohibition on manufacture, import, sale,
lease, offer for sale or lease, or shipment of
devices that operate in the 700 MHz or the
600 MHz Band; labeling for 700 MHz or 600
MHz band equipment destined for non-U.S.
markets; disclosures.
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*
*
*
*
*
(i) As of January 13, 2018,
applications for certification shall no
longer be accepted for low power
auxiliary stations or wireless video
assist devices that are capable of
operating in the 600 MHz service band
or the 600 MHz guard band, or for low
power auxiliary stations that are capable
of operating in the 600 MHz duplex gap
unless the operations are limited to the
653–657 MHz segment.
(j) As of October 13, 2018, no person
shall manufacture, import, sell, lease,
offer for sale or lease, or ship low power
auxiliary stations or wireless video
assist devices that are capable of
operating in the 600 MHz service band
or the 600 MHz guard bands, or low
power auxiliary stations that are capable
of operating in the 600 MHz duplex gap
unless the operations are limited to the
653–657 MHz segment. This prohibition
does not apply to devices manufactured
solely for export.
(k) As of October 13, 2018, any person
who manufacturers, sells, leases, or offer
for sale or lease low power auxiliary
stations or wireless video assist devices
that are destined for non-U.S. markets
and that are capable of operating in the
600 MHz service band or the 600 MHz
guard bands, or low power auxiliary
stations that are capable of operating in
the 600 MHz duplex gap unless such
operations are limited to the 653–657
MHz segment, shall include labeling
and make clear in all sales, marketing,
and packaging materials, including
online materials, relating to such
devices that the devices cannot be
operated in the United States.
(l) Disclosure requirements for low
power auxiliary stations and wireless
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video assist devices capable of operating
in the 600 MHz service band. Any
person who manufactures, sells, leases,
or offers for sale or lease low power
auxiliary stations or wireless video
devices that are capable of operating in
the 600 MHz service band on or after
July 13, 2017, is subject to the following
disclosure requirements:
*
*
*
*
*
■ 16. Section 74.861 is amended by
revising paragraphs (d)(3), (d)(4)(i)
through (iii), and (e)(7) to read as
follows:
§ 74.861
Technical requirements.
*
*
*
*
*
(d) * * *
(3) For the 26.1–26.480 MHz,
161.625–161.775 MHz, 450–451 MHz,
and 455–456 MHz bands, the occupied
bandwidth shall not be greater than that
necessary for satisfactory transmission
and, in any event, an emission
appearing on any discrete frequency
outside the authorized band shall be
attenuated, at least, 43+10 log10 (mean
output power, in watts) dB below the
mean output power of the transmitting
unit. The requirements of this paragraph
shall also apply to the applications for
certification of equipment for the 944–
952 MHz band until January 13, 2018.
(4)(i) For the 653–657 MHz, 941.5–
944 MHz, 944–952 MHz, 952.850–
956.250 MHz, 956.45–959.85 MHz,
1435–1525 MHz, 6875–6900 MHz and
7100–7125 MHz bands, analog
emissions within the band from one
megahertz below to one megahertz
above the carrier frequency shall
comply with the emission mask in
section 8.3.1.2 of the European
Telecommunications Institute Standard
ETSI EN 300 422–1 v1.4.2 (2011–08),
Electromagnetic compatibility and
Radio spectrum Matters (ERM); Wireless
microphones in the 25 MHz to 3 GHz
frequency range; Part 1: Technical
characteristics and methods of
measurement. Beyond one megahertz
below and above the carrier frequency,
emissions shall comply with the limits
specified in section 8.4 of ETSI EN 300
422–1 v1.4.2 (2011–08).
(ii) For the 653–657 MHz, 941.5–944
MHz, 944–952 MHz, 952.850–956.250
MHz, 956.45–959.85 MHz, and 1435–
1525 MHz bands, digital emissions
within the band from one megahertz
below to one megahertz above the
carrier frequency shall comply with the
emission mask in section 8.3.2.2 (Figure
4) of the European Telecommunications
Institute Standard ETSI EN 300 422–1
v1.4.2 (2011–08), Electromagnetic
compatibility and Radio spectrum
Matters (ERM); Wireless microphones in
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
41561
the 25 MHz to 3 GHz frequency range;
part 1: Technical characteristics and
methods of measurement. Beyond one
megahertz below and above the carrier
frequency, emissions shall comply with
the limits specified in section 8.4 of
ETSI EN 300 422–1 v1.4.2 (2011–08).
(iii) In the 6875–6900 MHz and 7100–
7125 MHz bands, digital emissions
within the band from one megahertz
below to one megahertz above the
carrier frequency shall comply with the
emission mask in section 8.3.2.2 (Figure
5) of the European Telecommunications
Institute Standard ETSI EN 300 422–1
v1.4.2 (2011–08), Electromagnetic
compatibility and Radio spectrum
Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range;
part 1: Technical characteristics and
methods of measurement. Beyond one
megahertz below and above the carrier
frequency, emissions shall comply with
the limits specified in section 8.4 of
ETSI EN 300 422–1 v1.4.2 (2011–08).
*
*
*
*
*
(e) * * *
(7) Analog emissions within the band
from one megahertz below to one
megahertz above the carrier frequency
shall comply with the emission mask in
section 8.3.1.2 of the European
Telecommunications Institute Standard
ETSI EN 300 422–1 v1.4.2 (2011–08),
Electromagnetic compatibility and
Radio spectrum Matters (ERM); Wireless
microphones in the 25 MHz to 3 GHz
frequency range; part 1: Technical
characteristics and methods of
measurement. Digital emissions within
the band from one megahertz below to
one megahertz above the carrier
frequency shall comply with the
emission mask in section 8.3.2.2 (Figure
4) of the European Telecommunications
Institute Standard ETSI EN 300 422–1
v1.4.2 (2011–08), Electromagnetic
compatibility and Radio spectrum
Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range;
part 1: Technical characteristics and
methods of measurement. Beyond one
megahertz below and above the carrier
frequency, emissions shall comply with
the limits specified in section 8.4 of
ETSI EN 300 422–1 v1.4.2 (2011–08).
The requirements of this paragraph
(e)(7) shall not apply to applications for
certification of equipment in these
bands until nine months after release of
the Commission’s Channel
Reassignment Public Notice, as defined
in § 73.3700(a)(2) of this chapter.
*
*
*
*
*
PART 87—AVIATION SERVICES
17. The authority citation for part 87
continues to read as follows:
■
E:\FR\FM\01SER1.SGM
01SER1
41562
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
Authority: 47 U.S.C. 154, 303, and 307(e),
unless otherwise noted.
18. Section 87.303 is amended by
revising paragraph (d)(1) and adding
paragraph (d)(4) to read as follows:
■
§ 87.303
Frequencies.
*
*
*
*
*
(d) * * *
(1) Frequencies in the 1435–1525
MHz and 2360–2395 MHz bands are
assigned in the mobile service primarily
for aeronautical telemetry and
associated telecommand operations for
flight testing of aircraft and missiles, or
their major components. Until January
1, 2020, the 2345–2360 MHz band is
also available to licensees holding a
valid authorization on April 23, 2015 for
these purposes on a secondary basis.
Permissible uses of these bands include
telemetry and associated telecommand
operations associated with the
launching and reentry into the Earth’s
atmosphere, as well as any incidental
orbiting prior to reentry, of objects
undergoing flight tests. In the 1435–
1525 MHz band, the following
frequencies are shared on a co-equal
basis with flight telemetering mobile
stations: 1444.5, 1453.5, 1501.5, 1515.5,
and 1524.5 MHz. In the 2360–2395 MHz
band, the following frequencies may be
assigned for telemetry and associated
telecommand operations of expendable
and re-usable launch vehicles, whether
or not such operations involve flight
testing: 2364.5, 2370.5 and 2382.5 MHz.
All other mobile telemetry uses of the
2360–2395 MHz band shall be on a noninterfering and unprotected basis to the
above uses.
*
*
*
*
*
(4) Frequencies in the bands 1435–
1525 MHz are also available for low
power auxiliary station use on a
secondary basis.
*
*
*
*
*
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
19. The authority citation for part 90
continues to read as follows:
■
sradovich on DSK3GMQ082PROD with RULES
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of
the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112–96, 126 Stat. 156.
20. Section 90.265 is amended by
revising paragraph (b) introductory text
and paragraph (b)(1) to read as follows:
■
§ 90.265 Assignment and use of
frequencies in the bands allocated for
Federal use.
*
*
*
VerDate Sep<11>2014
*
*
16:20 Aug 31, 2017
Jkt 241001
(b) The following frequencies are
available for wireless microphone
operations to eligibles in this part,
subject to the provisions of this
paragraph:
Frequencies (MHz)
169.445
169.505
169.545
169.575
169.605
169.995
170.025
170.055
170.245
170.305
171.045
171.075
171.105
171.845
171.875
171.905
(1) On center frequencies 169.575
MHz, 170.025 MHz, 171.075 MHz, and
171.875 MHz, the emission bandwidth
shall not exceed 200 kHz. On the other
center frequencies listed in this
paragraph (b), the emission bandwidth
shall not exceed 54 kHz.
*
*
*
*
*
[FR Doc. 2017–17442 Filed 8–31–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 170223197–7311–01]
RIN 0648–XF605
International Fisheries; Pacific Tuna
Fisheries; 2017 Bigeye Tuna Longline
Fishery Closure in the Eastern Pacific
Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is temporarily closing
the U.S. pelagic longline fishery for
bigeye tuna for vessels over 24 meters in
overall length in the eastern Pacific
Ocean (EPO) through December 31,
2017, because the 2017 catch limit of
500 metric tons is expected to be
reached. This action is necessary to
prevent the fishery from exceeding the
applicable catch limit established by the
Inter-American Tropical Tuna
Commission (IATTC) in Resolution C–
17–01 (Conservation of Tuna in the
Eastern Pacific Ocean during 2017).
SUMMARY:
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
The rule is effective 12:00 a.m.
local time September 8, 2017, through
11:59 p.m. local time December 31,
2017.
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec, NMFS West Coast
Region, 562–980–4066.
SUPPLEMENTARY INFORMATION: The
United States is a member of the IATTC,
which was established under the
Convention for the Establishment of an
Inter-American Tropical Tuna
Commission signed in 1949
(Convention). The Convention provides
an international agreement to ensure the
effective international conservation and
management of highly migratory species
of fish in the IATTC Convention Area.
The IATTC Convention Area, as
amended by the Antigua Convention,
includes the waters of the EPO bounded
by the coast of the Americas, the 50° N.
and 50° S. parallels, and the 150° W.
meridian.
Pelagic longline fishing in the EPO is
managed, in part, under the Tuna
Conventions Act as amended (Act), 16
U.S.C. 951–962. Under the Act, NMFS
must publish regulations to carry out
recommendations of the IATTC that
have been approved by the Department
of State (DOS). Regulations governing
fishing by U.S. vessels in accordance
with the Act appear at 50 CFR part 300,
subpart C. These regulations implement
IATTC recommendations for the
conservation and management of highly
migratory fish resources in the EPO.
In 2017, the IATTC adopted
Resolution C–17–01, which establishes
an annual catch limit of bigeye tuna for
longline vessels over 24 meters. For
calendar year 2017, the catch of bigeye
tuna by longline gear in the IATTC
Convention Area by fishing vessels of
the United States that are over 24 meters
in overall length is limited to 500 metric
tons per year. With the approval of the
DOS, NMFS implemented this catch
limit by notice-and-comment
rulemaking under the Act (82 FR 17382,
April 11, 2017, and codified at 50 CFR
300.25).
NMFS, through monitoring the
retained catches of bigeye tuna using
logbook data submitted by vessel
captains and other available information
from the longline fisheries in the IATTC
Convention Area, has determined that
the 2017 catch limit is expected to be
reached by September 8, 2017. In
accordance with 50 CFR 300.25(a), this
Federal Register notice announces that
the U.S. longline fishery for bigeye tuna
in the IATTC Convention Area will be
closed for vessels over 24 meters in
overall length starting on September 8,
2017, through the end of the 2017
DATES:
E:\FR\FM\01SER1.SGM
01SER1
Agencies
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41549-41562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17442]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2, 15, 74, 87, and 90
[GN Docket Nos. 14-166, 12-268, ET Docket No. 14-165; FCC 17-95]
Promoting Spectrum Access for Wireless Microphone Operations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission addresses several petitions
for reconsideration regarding recent decisions regarding wireless
microphones. Specifically, the Commission makes technical revisions to
the spurious emission limits that it had adopted for licensed wireless
[[Page 41550]]
microphone operations in several frequency bands, and for unlicensed
wireless microphone operations in the TV bands and in the 600 MHz guard
band and duplex gap. The Commission also clarifies output power
measurements and how certain antenna-related part 15 rules apply with
respect to unlicensed wireless microphones, and revises and clarifies
requirements for existing and legacy unlicensed wireless microphones
during and after the post-incentive auction transition period. This
action promotes the Commission's goal of accommodating wireless
microphone users' needs through access to spectrum resources following
the incentive auction and reconfiguration of the TV bands.
DATES: Effective October 2, 2017, except for amendments to Sec. Sec.
74.803(c) and (d), which contain new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, that are not effective until approved by the Office
of Management and Budget (OMB). The Commission will publish a document
in the Federal Register announcing the effective date once OMB
approves.
The incorporation by reference of certain material listed in the
rule was approved by the Director of the Federal Register as of
December 17, 2015.
FOR FURTHER INFORMATION CONTACT: Paul Murray, Office of Engineering and
Technology, 202-418-0688, Paul.Murray@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration, GN Docket No. 14-166, ET Docket No. 14-165, GN
Docket No. 12-268, FCC 17-95, adopted July 13, 2017, and released July
14, 2017. The full text of this document is available for inspection
and copying during normal business hours in the FCC Reference Center
(Room CY-A257), 445 12th Street SW., Washington, DC 20554. The full
text may also be downloaded at: https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-95A1.pdf. People with
Disabilities: To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an email to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
Synopsis
1. Overview. In the Order on Reconsideration, the Commission
addresses four petitions for reconsideration of the Wireless
Microphones R&O, 80 FR 71702, November 17, 2015, concerning licensed
wireless microphone operations in the TV bands, the 600 MHz ``duplex
gap,'' and several other frequency bands; as well as three petitions
for reconsideration of the TV Bands Part 15 R&O, 80 FR 73043, November
23, 2015, concerning unlicensed wireless microphone operations in the
TV bands, the 600 MHz guard bands and duplex gap, and the 600 MHz
service band. These petitions involved several overlapping technical
and operational issues concerning wireless microphones, the Commission
consolidated them in this one order.
2. Specifically, the Order on Reconsideration makes technical
revisions to the spurious emission limits that the Commission had
previously adopted for licensed wireless microphone operations in
several frequency bands, and for unlicensed wireless microphone
operations in the TV bands, 600 MHz guard band, and duplex gap. With
respect to licensed and unlicensed wireless microphone operations in
the TV bands, the 600 MHz guard band and duplex gap, and the 600 MHz
service band (during the post-auction transition period), the Order on
Reconsideration clarified the applicable output power measurements;
clarified how certain antenna-related part 15 rules apply with respect
to unlicensed wireless microphones; and revises and clarified the
requirements for existing and legacy unlicensed wireless microphones
during and after the post-auction transition period. In addition, with
respect to licensed wireless microphone operations in other frequency
bands, the Order on Reconsideration adopted revisions to the
channelization plan for licensed wireless microphone operations in the
169-172 MHz band, generally affirms but provides clarifications
regarding the 30-megahertz limit placed on licensed wireless microphone
users' access to spectrum in the 1435-1525 MHz band, and clarified
coordination requirements and operational limitations for licensed
wireless microphone operations in the 941.5-944 MHz band.
3. The Order on Reconsideration also terminated three proceedings
(WT Docket Nos. 06-166 and 08-167; ET Docket No. 10-24), begun in 2008
and 2010, that concerned various wireless microphone issues. All of the
issues that remained in those proceedings have been subsumed in the
proceedings addressed in the instant Order on Reconsideration.
4. First, the Commission addressed issues concerning the spurious
emission limit that applies with respect both to licensed wireless
microphones that operate pursuant to the Commission's part 74 LPAS
rules in the TV bands and the 600 MHz duplex gap, as well as in several
other frequency bands (i.e., the 941.5-944 MHz band, 944-952 MHz band,
portions of the 952-960 MHz band, the 1435-1525 MHz band, and portions
of the 6875-7125 MHz band) and to unlicensed wireless microphone
operations in the TV bands and the 600 MHz guard band and duplex gap.
The Commission then discussed issues that pertain to rules adopted for
licensed and unlicensed wireless microphone operations in the TV bands
and the 600 MHz guard band and duplex gap. Specifically, these include:
(1) The output power measurement for licensed wireless microphone
operations in the VHF TV band, and for unlicensed wireless microphone
operations throughout the TV bands (both VHF and UHF); (2) the output
power levels for wireless microphone operations in the 600 MHz guard
bands and duplex gap; (3) the applicability of part 15 antenna
connector rules for unlicensed wireless microphone operations; (4) the
operation of existing or legacy unlicensed wireless microphone
equipment after the end of the post-auction transition period; and (5)
whether certain wireless microphone users that operate on an unlicensed
basis can reserve TV channels in the white spaces database to protect
their operations from interference. The Commission followed with a
discussion of rules concerning licensed wireless microphone operations,
respectively, in the 169-172 MHz band and in the 1435-1525 MHz band. In
addition to addressing the petitions for reconsideration, the
Commission clarified the coordination procedures and operational
limitations for licensed wireless microphone operations in the 941.5-
944 MHz band. Finally, the Commission updated various rule parts in
part 15 and part 74 concerning wireless microphones to reflect the 600
MHz Band Plan, as well as the specific calendar dates for compliance
with various requirements, that became effective with the closing of
the incentive auction on April 13, 2017.
5. Spurious Emission Limits. To promote more efficient use of
available spectrum by wireless microphones, the Commission adopted new
emission mask rules in 2015 for licensed and unlicensed wireless
microphones that operate in certain frequency bands. On
reconsideration, the Commission replaced the spurious emission limits
that were adopted with the ETSI spurious emission limits for licensed
[[Page 41551]]
and unlicensed wireless microphones. Specifically, the Commission will
require emissions more than one megahertz above and below a wireless
microphone carrier frequency (i.e., outside the defined ETSI mask) to
comply with the limits in section 8.4 of ETSI EN 300 422-1. The limit
in the majority of the TV bands, including the 600 MHz band, is four
nanowatts (-54 dBm) effective radiated power (ERP), the limit at all
other frequencies below 1,000 MHz is 250 nanowatts (-36 dBm) ERP, and
the limit at frequencies above 1,000 MHz is 1 microwatt (-30 dBm). In
revising our rule to reflect the ETSI spurious emission limits, the
Commission also harmonized with the standards that apply to this
industry in other countries.
6. Output Power Measurement for Licensed Wireless Microphone
Operations in the VHF TV Band. In the Wireless Microphones R&O, the
Commission sought to provide more opportunities for licensed wireless
microphone operations in the VHF TV band. The Commission reasoned that
revising the applicable power limits to 50 mW EIRP would be an
effective way to allow wireless microphone manufacturers to adjust the
conducted power output of wireless microphones to compensate for low
antenna efficiency in the VHF band, and would enable greater use of
this portion of the TV bands by reducing the need for a relatively
large antenna, which could impede making productive use of this
spectrum. It also noted that specified the applicable power limit in
terms of EIRP for licensed wireless microphone operations in the VHF
band would provide uniformity in the VHF band for both licensed
wireless microphone operations under part 74 and unlicensed wireless
microphone operations under part 15, as the TV Bands Part 15 R&O also
specified the power limit in terms of EIRP.
7. The Commission clarified that manufacturers may show compliance
with the 50 mW EIRP limit for licensed wireless microphones operating
in the VHF band by making either radiated or conducted measurements.
The Commission did not intend to unnecessarily restrict use of this
band for certain types of wireless microphone applications. Permitting
different options for measuring output power raises no interference
concerns, because either method can be used to determine the EIRP of a
wireless microphone. Finally, because the Commission also clarified
that for unlicensed wireless microphone operations in the TV bands (VHF
and UHF) output power can be measured in either a conducted or radiated
test configuration for comparison to the 50 mW power limit, as
discussed immediately below, our output power requirements for wireless
microphone operations in the VHF band, whether for licensed or
unlicensed operations, will be uniformed.
8. Output Power Measurements for Unlicensed Wireless Microphone
Operations in the VHF and UHF TV Bands. In the TV Bands Part 15 R&O,
the Commission adopted rules to permit unlicensed wireless microphone
operations with a power level of up to 50 mW EIRP in the TV bands, both
the VHF and UHF bands. On reconsideration, the Commission addressed
clarified that wireless microphone manufacturers may show compliance
with the 50 mW power limit for unlicensed wireless microphones
operating in the VHF or UHF band by making either conducted or radiated
measurements. The Commission agreed with petitioners that permitting
wireless microphone manufacturers the flexibility to determine
compliance with the limit through either conducted or radiated emission
measurements would best serve our goal of promoting opportunities for
different types of unlicensed wireless microphone applications.
9. The Commission recognized that there is a difference in how the
power limits are specified in the rules for licensed and unlicensed
wireless microphones in the UHF TV band (conducted power vs. EIRP), but
find that the flexibility that the Commission allowed to make either
conducted or radiated measurements to meet the respective limits will
allow wireless microphone manufacturers to use the same test
methodology to demonstrate the compliance of both licensed and
unlicensed wireless microphones. Either measurement approach can
reliably establish compliance with the EIRP limits for wireless
microphones.
10. Finally, while the Commission had not specifically required the
use of the ETSI EN 300-422-1 output power measurement procedures, the
Commission recognized that this standard allowed the option of either
conducted or radiated power measurements for wireless microphones.
Thus, the flexibility that the Commission allowed a wireless microphone
manufacturer in choosing the method of power measurements is consistent
with the method employed in other countries in the global marketplace.
This flexibility also is consistent with the American National
Standards Institute (ANSI) C63.10-2013 measurement procedure that the
Commission uses for testing part 15 intentional radiators, as well as
Office of Engineering and Technology published guidance for
measurements relating to EIRP limits.
11. Output Power Levels for Wireless Microphone Operations in the
600 MHz Guard Bands and Duplex Gap. In the TV Bands Part 15 R&O, the
Commission provided for unlicensed wireless microphone operations in
the 600 MHz guard bands and in one portion of the duplex gap under
specified technical rules, and provided for licensed wireless
microphone operations under the same technical rules in another portion
of the duplex gap. In these bands, it limited all wireless microphone
operations to an output power level of 20 mW EIRP.
12. The Commission denied requests to increase the 20 mW EIRP power
level of wireless microphones that will operate in the 600 MHz guard
band and duplex gap. The Commission chose this power level to avoid
interference to licensed wireless services in the adjacent bands based
on a detailed technical analysis described in the TV Bands Part 15 R&O.
13. The Commission noted that operating in the 600 MHz guard band
and duplex gap is only one of several options for wireless microphone
users. Users that may need more power for their various applications
can use available spectrum in the TV bands where a maximum of 50 mW and
250 mW are permitted on an unlicensed and licensed basis, respectively.
The Commission will allow manufacturers of licensed and unlicensed
wireless microphones that operate in the 600 MHz guard band and duplex
gap the option to demonstrate compliance with the 20 mW EIRP power
limit through either conducted power or radiated measurements.
14. Unlicensed Wireless Microphones and Part 15 Antenna Connector
Rules. In the TV Bands Part 15 R&O, the Commission codified the rules
for unlicensed wireless microphone operations in the TV bands under
Sec. 15.236 of the Commission's rules, and provided for a transition
period after which these unlicensed users may only use part 15-
certified wireless microphones. Upon consideration of petitions for
reconsideration, the Commission exempted unlicensed wireless
microphones operating under Sec. 15.236 from the antenna connector
restrictions set forth in Sec. 15.203. Requiring unique antenna
connectors for wireless microphones certified under part 15 is
impractical because they have different application requirements when
compared with
[[Page 41552]]
other consumer products authorized under part 15. Such applications,
which require the use of detachable antennas and may be critical for
operating wireless microphones, could be inhibited if each make or
model of wireless microphone used different connectors. The Commission
believed that exempting part 15 wireless microphones from the
requirements of Sec. 15.203 is not likely to result in harmful
interference since wireless microphones with standard antenna
connectors have been approved for use for many years under part 74 of
the rules, and the Commission has permitted unlicensed use of such
equipment since 2010 with no demonstrated cases of abuse (e.g., adding
high-gain antennas or external amplifiers) resulting in harmful
interference to other services.
15. Because the licensed and unlicensed wireless microphones that
operate in the TV bands generally are the same devices (though higher
power is permitted in the UHF band for licensed wireless microphones),
the Commission expects that many unlicensed wireless microphones will
also be certified under part 74, which does not require permanently
attached antennas or unique antenna connectors. Also, many of the same
types of entities that operate wireless microphones on a licensed basis
under part 74 (e.g., theater groups, musical productions) will operate
wireless microphones on an unlicensed basis under part 15, either
because they do not meet the threshold for part 74 licensing
eligibility, or because certain frequency bands (the 600 MHz guard band
and a portion of the duplex gap) are available only for unlicensed use.
For the reasons stated above, the Commission found that it should
exempt unlicensed wireless microphones from the requirement in Sec.
15.203 that the device must incorporate a permanently attached antenna
or a unique antenna connector. By doing so, the Commission has
harmonized the part 15 and 74 rules in this respect, which will foster
efficiency in the design and manufacture of wireless microphones.
16. The Commission had not exempted unlicensed wireless microphones
from the requirements of Sec. 15.204 because these requirements are
necessary to ensure that manufacturers provide information about the
types of antennas and cables that may be used with a device to ensure
compliance with the EIRP limits applicable to unlicensed wireless
microphones (as discussed above). The Commission found that the current
equipment authorization rules and procedures, described in more detail
below, are not overly burdensome and provide sufficient flexibility to
address Shure's concerns with respect to the certification of in-ear
monitors.
17. As a general matter, applicants for certification must test
equipment for compliance in the worst-case configuration as determined
by the manufacturer, e.g., using the highest gain of each antenna type
as required by Sec. 15.204(c) and, where use of a cable is involved,
the lowest loss cable associated with each antenna type, to ensure that
the system is operated at radiated power output levels in compliance
with the rules. Operators of certified equipment must use an antenna
with the same or lower gain, and a cable with the same or higher loss,
than was approved with the system. The Commission does not believe that
this approach is burdensome for equipment manufacturers or users since
it does not require testing of every possible antenna and cable
combination, and it gives users the ability to use different antennas
or cable lengths within the limits of what the equipment certification
allows.
18. The Commission recognized that, in practice, the length of the
cables used for particular scenarios can differ. For instance, in cases
where a cable that is significantly longer than the one with which the
equipment was certified must be used, the higher cable loss could
reduce the EIRP significantly below the maximum permitted by the rules.
To the extent that part 15 certified equipment will be professionally
installed, existing procedures allow the installer to configure the
equipment in accordance with the manufacturer's instructions to ensure
that the equipment will comply with the part 15 rules in the
configuration in which it will be used. The professional installer can
thus compensate for factors such as higher cable loss to ensure that
the equipment operates at up to, but no greater than, the power levels
permitted by the rules. While an applicant for certification of
equipment that will be professionally installed must submit certain
additional information (e.g., a justification for professional
installation and a description of instructions to installers), the
Commission does not believe these requirements are overly burdensome on
applicants.
19. Operation of Existing or Legacy Wireless Microphone Equipment
after End of Post-Auction Transition Period. The Commission clarified
the applicable rules for unlicensed wireless microphone users with
regard to continued operation of part 74-certified equipment during the
post-auction transition period and after the end of this period. The
Commission also discussed procedures by which existing/legacy equipment
that has been certified under part 74, such as that which has been
designed to operate in portions of the 600 MHz service band, can be
modified in the field by the manufacturers for use under the new part
15 rules, and the conditions under which unlicensed wireless microphone
users may continue to use any existing/legacy part 74-certified
equipment.
20. First, the Commission clarified that unlicensed wireless
microphone users can continue to operate equipment that had been
certified under part 74, including equipment that can operate in
portions of what becomes the 600 MHz service band following the
auction, until the end of the 39-month post auction transition
(provided other conditions for operation are met). After this
transition period, however, unlicensed wireless microphone users are
only authorized to operate wireless microphone equipment that has been
certified under our part 15 rules, either as new equipment or as
existing/legacy part 74-certified equipment that now complies with the
part 15 rules (and thus would not be capable of operating in the 600
MHz service band, and instead would be designed to comply with the
applicable technical rules, including authorized output power levels,
for unlicensed operations in the TV bands or in the 600 MHz guard band
and duplex gap). The Commission concluded that this approach will
achieve an orderly transition following the auction that balances the
needs of current unlicensed wireless microphone users, who otherwise
could incur unduly burdensome costs in discarding equipment that can
effectively be modified to comply with the applicable part 15
requirements, and the needs of the future 600 MHz service band
licensees that will be providing wireless service in the coming years.
The Commission noted that, during the 39-month post-auction transition
period, unlicensed wireless microphone users must check the white
spaces databases, prior to operating in the 600 MHz service band, to
identify the channels available for use at their particular locations,
which is a requirement designed to protect any 600 MHz service licensee
that commences operations or conducts first field application (FFA)
testing during this period.
21. The Commission also revised our requirements concerning the use
by unlicensed wireless microphone users of existing/legacy equipment
that was originally certified under part 74 and designed to operate on
frequencies that include frequencies in the 600 MHz
[[Page 41553]]
service band. Specifically, to the extent that such equipment can be,
and is, effectively modified (e.g., through software changes) and
certified as compliant with the new part 15 rules, the Commission will
permit unlicensed wireless microphone users to continue to use the
modified equipment, which will only operate on frequencies permitted
for their use, after the end of the post-auction transition period.
Accordingly, the Commission allowed manufacturers to modify this
existing part 74-certified wireless microphone equipment so that the
equipment is no longer capable of operating in the 600 MHz service band
and can be certified under the part 15 rules (for operation in the TV
bands and the 600 MHz guard band and duplex gap under prescribed rules,
including compliance with the applicable output power limits and ETSI
emission mask). If, for instance, these modifications can be
accomplished through software changes to devices that remain in the
field (e.g., through downloaded software changes), then the Commission
will permit manufacturers to obtain approval through the permissive
change process, and indicate under the existing FCC ID number for that
device that, with the modification, the device would be part 15
compliant. Similarly, for any existing/legacy part 74-certified
equipment that originally was designed to operate only in parts of the
current TV bands that remain available for unlicensed wireless
microphone operations but would not otherwise be compliant with the new
part 15 rules, the Commission allowed wireless microphone manufacturers
to modify such equipment to make necessary changes (e.g., modifications
to comply with the specified lower output power limits in the guard
bands and duplex gap) so that it can comply with the part 15 rules for
such use. To the extent that no equipment modification or hardware
changes are necessary (e.g., the existing/legacy equipment operates
only on reconfigured TV band spectrum) and the equipment meets the
other technical requirements for part 15 operations (e.g., maximum
output power levels and ETSI emission mask), then the manufacturer can
file the necessary application for permissive change to establish this,
and the record associated with the FCC ID number for this previously
certified part 74 device can be updated to reflect that the device is
compliant with the part 15 rules. After the end of the post-auction
transition period unlicensed wireless microphone users will be
permitted to operate existing/legacy wireless microphone equipment
provided that the necessary steps have been taken so that it has been
certified as compliant with the applicable part 15 rules.
22. If, however, the existing equipment that operates in the 600
MHz service band cannot be modified to comply with the part 15 rules,
the unlicensed wireless microphone users will continue to be prohibited
from operating that device after the end of the 39-month post-auction
transition period. This requirement is consistent with our general part
15 requirement that unlicensed equipment must be constructed such that
controls readily accessible to the user cannot cause the equipment to
operate in violation of the technical rules. The Commission found that,
after the end of the post-auction transition period, requiring
unlicensed wireless microphone users to operate equipment that has been
certified as compliant with the part 15 rules (e.g., equipment that
necessitated modification with respect to elimination of operations in
the 600 MHz service band, or equipment that meets the output power
limits of 20 mW EIRP if operating in the guard band or unlicensed
portion of the duplex gap) is an appropriate and balanced approach that
achieves our goal of ensuring that unlicensed wireless microphone
operations in the future will not cause harmful interference to new 600
MHz wireless services or to broadcast licensees operating in the TV
bands.
23. Wireless microphone manufacturers will have a critical role to
play with respect to ensuring that unlicensed users can determine
whether they can continue to use existing/legacy devices after the end
of the post-auction transition period. Wireless microphone
manufacturers have the requisite knowledge about their respective
companies' wireless microphone devices. To meet their obligations,
unlicensed users seeking to operate existing/legacy equipment will need
to know whether their particular devices can be, and ultimately are,
certified as part 15 compliant. Accordingly, the Commission expects
that all wireless microphone manufacturers make the necessary
information available about their existing/legacy models so that users
can determine what is required of them in order to meet their
respective obligations. This information should include information on
their companies' particular devices, including (1) which devices will
need to be modified, through hardware and/or software changes, to
comply with part 15 requirements in order to be certified as part 15-
compliant, and the process by which the manufacturers and the
unlicensed users will achieve this; (2) which devices will not need to
be modified to comply, but will be certified as compliant with the part
15 rules during the transition period; and (3) which devices will not
comply, and cannot be certified as compliant with part 15 requirements
(and accordingly cannot be used after the end of the post-auction
transition period). Providing this information can be achieved in
different ways, such as posting the necessary information on Web sites,
ensuring that customer helplines can help inform users, or contacting
known customers directly, depending on the situation.
24. Unlicensed wireless microphone users with existing/legacy part
74-certified equipment also must do their part by examining their
various devices and taking any necessary actions to ensure that, after
the end of the post-auction transition, they only operate such
microphones that comply with part 15 requirements. They should be in
contact with the manufacturer(s) of their wireless microphones to
obtain information on their particular devices, the extent to which
they can be made to comply with the part 15 requirements, and the steps
they should take to modify any devices to bring them into compliance.
Unlicensed wireless microphone users must ensure that any existing/
legacy device that they plan to use complies with the part 15
requirements and has been so certified (either because it has been
modified, where necessary, or otherwise has been certified as compliant
with the part 15 requirements with respect to the particular
frequencies on which it operates), and that they cease operating any
other wireless microphone devices that do not comply with the part 15
requirements. The Commission noted that, as wireless microphone
manufacturers develop new devices that comply with the part 15 rules
for operations in the TV bands, the 600 MHz guard band, and the duplex
gap, unlicensed wireless microphone users who need to replace
particular existing/legacy wireless microphones will be able to obtain
new part 15-compliant microphones before the end of the 39-month post-
auction transition period to access the spectrum available for such
operations.
25. Finally, the Commission reminded manufacturers, and entities
that sell, lease, or offer for sale or lease wireless microphones, that
marketing of any unlicensed or licensed wireless microphones that do
not comply with the part 15 or revised part 74 rules (respectively)
must cease no later than 18 months after release of the Channel
Reassignment PN (i.e., October 13,
[[Page 41554]]
2018). Thus, to the extent that existing/legacy wireless microphones
that were originally designed to operate on any frequencies that will
no longer be available for use (e.g., devices that are capable of
operating on portions of the 600 MHz service band) as a result of the
incentive auction, such devices cannot be sold or leased unless the
device subsequently has been modified to comply with the new part 15
and/or the revised part 74 requirements for wireless microphone
operations. The Commission directed the Consumer and Governmental
Affairs Bureau (CGB), working with the Office of Engineering and
Technology (OET) and the Wireless Telecommunications Bureau (WTB), to
include discussion of these issues associated with the use of existing
and legacy wireless microphones as part of its overall consumer
outreach efforts pertaining to the transition of unlicensed and
licensed wireless microphone operations that will follow the incentive
auction and reconfiguration of the existing TV bands.
26. Registration of Certain Unlicensed Wireless Microphone Users in
the White Spaces Database. Under our rules, licensed wireless
microphone users operating in the TV bands (and the 600 MHz service
band during the post-auction transition period) are permitted to
register their operations on available channels at specified locations
and times, in the white spaces databases in order to protect their
operations from potential interference from unlicensed white space
devices. In codifying rules for unlicensed wireless microphone
operations underpart 15 in the TV Bands Part 15 R&O, the Commission
eliminated the rule adopted in 2010 that had permitted certain
qualifying unlicensed wireless microphone users also to register their
operations for such protection. It determined that their unlicensed
operations should be subject to the same general conditions as apply to
unlicensed white space devices (i.e., they may not cause interference
to authorized services and must accept any interference from other
unlicensed devices) as it sought to balance the interests between the
licensed and unlicensed entities' access to the spectrum in the
reconfigured TV bands.
27. While the Commission agreed that professional theater, music,
and performing arts organizations that operate unlicensed wireless
microphones to deliver high quality sound for their audiences serve
important needs, the Commission nonetheless declined here to grant
Shure's petition insofar as it requests that the Commission to revise
the new part 15 rules to permit unlicensed wireless microphone users to
register their unlicensed operations for protection from other
unlicensed operations in the TV bands. The Commission concluded that
allowing these unlicensed users to obtain interference protection would
be inconsistent with their unlicensed status. The Commission instead
sought to address the concerns raised in the petition through Further
Notice.
28. In the several actions that the Commission has taken related to
the incentive auction and the reconfiguration of the TV bands, it has
sought to balance different users' needs for access to spectrum. In the
Commission's considerations regarding wireless microphones, it has
recognized that following the incentive auction there will be fewer
channels in the TV bands available for both wireless microphone and
white space device operations. In expanding the eligibility for part 74
wireless microphone licenses in 2014 to include professional sound
companies and owners and operators of large venues that routinely use
50 or more wireless microphones in major events or productions, the
Commission sought to address the needs of many unlicensed wireless
microphone users that have similar needs to the other part 74 wireless
microphone licensees to provide high quality audio services for large
scale performances and events. And, in codifying the rules for
unlicensed wireless microphone operations under part 15 in the TV Bands
Part 15 R&O in 2015, the Commission concluded it best, from a
regulatory policy standpoint, to place all unlicensed users--whether
wireless microphone or white space device users--under the same general
unlicensed status vis-a-vis both unlicensed and licensed operations
(i.e., unlicensed users may not cause harmful interference to
authorized services and must accept any interference from other
unlicensed devices). The Commission continued to view this as the best
approach for unlicensed wireless microphone users that operate under
the part 15 rules for unlicensed operations.
29. Although The Commission had denied the petition insofar as
Shure requests that the Commission permit wireless microphone users
that operate on an unlicensed basis to register for interference
protection, the Commission understands that some entities that
currently operate wireless microphones on an unlicensed basis may have
needs identical or similar to the professional sound company/large
venues that qualify for part 74 wireless microphone licenses for
operation in the TV band spectrum. As the Commission concluded when
expanding the part 74 license eligibility in 2014 for operation in the
TV band, the 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 for their productions. No party sought reconsideration of this
particular threshold established in that proceeding, and the Commission
cannot revisit that threshold absent additional notice. The Commission
did, however, believe that some number of entities with identical or
similar needs may be able to demonstrate to the Commission, on a case-
by-case basis, that they may merit obtaining a part 74 license for
operations on vacant TV channels at particular venues at specified
times, such that they should be permitted to register available TV
channels for that purpose. These entities may use fewer wireless
microphones but otherwise have the same needs as licensees that operate
on TV channels, or the wireless microphones may be needed for major
events or productions at a location with very limited spectrum
availability. Accordingly, the Commission has adopted a Further Notice
in these proceedings in which the Commission proposed a path that will
enable such qualifying entities to obtain a license under our part 74
LPAS rules. Considering that the phased broadcast station transitioning
to the repacked TV bands begins next year, the Commission intends to
act quickly to issue an order addressing the proposal set forth in the
Further Notice.
30. Licensed Wireless Microphone Operations in the 169-172 MHz
Band. In the Wireless Microphones R&O, the Commission sought to promote
more expansive use of spectrum in the 169-172 MHz band for licensed
wireless microphone operations, which are authorized on a secondary
basis, and to do so in a manner that does not interfere with the
primary Federal operations or other secondary non-Federal services
operating in the band. The Commission agrees with Sennheiser and other
wireless microphone manufacturers that the Commission should take steps
to increase the usefulness of the 169-172 MHz band for wireless
microphones by permitting wireless microphone operations under a
different channel plan, one that eliminates intermodulation effects and
thereby enables full use of the 54- and 200-kilohertz (narrowband and
broadband) channels throughout the band.
In revising the Commission's rules, the Commission promoted the
goals set
[[Page 41555]]
forth in the Wireless Microphones R&O to find additional ways to
accommodate wireless microphone operations while protecting other
licensed operations in the 169-172 MHz band, such as operations on
forest fighting channels. In particular, the Commission revised the
center frequencies associated with two of the 200-kilohertz channels,
shifting the authorization to operate on channels centered at 169.475
MHz and 170.275 MHz to 169.575 MHz and 170.025 MHz, and the Commission
permit 54-kilohertz operations on four new channels that would
correspond with these 200-kilohertz channels, specifically authorizing
such wireless microphone operations on frequencies centered at 169.545
MHz, 169.605 MHz, 169.995 MHz, and 170.055 MHz. The Commission did not,
however, revise its rules to eliminate the current authorizations to
operate 54-kilohertz wireless microphones on the channels centered at
169.445 MHz, 169.505 MHz, 170.245 MHz, and 170.305 MHz. These channels
will remain available for licensees that do not choose to obtain
wireless microphones designed to operate on the newly-available
channels. The approach the Commission has taken serves to provide
additional opportunities for wireless microphone licensees that
purchase new equipment that can make full and efficient use of the
band, whether for professional-quality 200-kilohertz microphones or for
54-kilohertz wireless microphones, while at the same time continues to
allow other licensees to operate 54-kilohertz wireless microphones on
any of the current 54-kilohertz channels. The Commission noted that
certain of the 54-kilohertz channels under our existing rules may
overlap with one of the revised 200-kilohertz channels, and that
operations on some of the existing 54-kilohertz channels potentially
could continue to create intermodulation effects that could limit the
full use of the 169-172 MHz band for wireless microphone operations.
Under existing requirements, all wireless microphone applicants and
licensees must cooperate in the selection and use of frequencies in
order to reduce interference and make the most effective use of the
authorized facilities. And, considering that wireless microphone users
will be operating devices that operate at low power and transmit only
short distances, and that the other operations in the band are not
likely in the same areas, we do not anticipate that interference issues
are likely to arise as a practical matter. In any event, the Commission
expects that different licensees that potentially could suffer or cause
interference to one another to cooperate and resolve any potential
problem by mutually satisfactory arrangements.
31. Licensed Wireless Microphone Operations in the 1435-1525 MHz
Band. In the Wireless Microphones R&O, the Commission authorized
limited use of the 1435-1525 MHz band for licensed wireless microphone
operations on a secondary basis in the band, provided that certain
conditions and safeguards designed to protect the primary Aeronautical
Mobile Telemetry (AMT) services in the band are met. It observed that
the Commission's experience through the Special Temporary Authority
(STA) process demonstrates that, under proper conditions, wireless
microphones will be able to operate in this band without interfering
with AMT operations. The Commission limited eligibility to professional
users licensed under our part 74 LPAS rules, and emphasized that it was
not opening up this band either for widespread use or for itinerant
uses throughout the nation. It restricted use to specific fixed
locations, such as large venues where there is a need to deploy large
numbers of microphones (typically 100 or more) for specified time
periods and indicated that access to the band is intended for
situations in which the other available spectrum resources are
insufficient.
32. On reconsideration, the Commission affirmed the decision
establishing a 30 megahertz limit on the amount of spectrum available
for wireless microphone operations in the 1435-1525 MHz band at a
particular location. The Commission did, however, provide
clarifications regarding how this limitation applies with respect to
different wireless microphone users and to particular areas of
operations, which should help accommodate more wireless microphone
users that operate in the same general area and have a need for access
to spectrum in this band. In those few extraordinary instances in which
a particular licensed wireless microphone user can demonstrate that
access to more than 30 megahertz of this band for a specified event is
merited, the STA process remains available for addressing those needs.
33. In the Wireless Microphones R&O, the Commission stated that
``all wireless microphones operating in a particular area'' would be
limited to access to no more than 30 megahertz in the 1435-1525 MHz
band. In affirming the decision to place a limit on the amount of
spectrum available for wireless microphone use in a particular area, we
clarify that this 30-megahertz limit will be applied to each licensed
wireless microphone user seeking access to spectrum in the 1435-1525
MHz band for its own wireless microphone operations at a particular
location or venue. The Commission concluded that the 30 megahertz
limitation as clarified is reasonable and consistent with the
Commission's goals associated with operations in this band. The
Commission disagreed with petitioners who argue there was insufficient
notice or basis in the record for adopting a 30-megahertz limitation in
the first place. In the Wireless Microphones NPRM, the Commission
proposed only limited use of the 1435-1525 MHz band for wireless
microphone use, stated that it was not proposing to open the band to
widespread use, and noted its overarching goal of promoting efficient
use of spectrum when accommodating wireless microphone operations. In
response to the notice, and as discussed in the Wireless Microphones
R&O, some commenting parties expressed concerns that accommodation of
wireless microphones in the band not limit other secondary uses of the
band (i.e., video services that access the band through the STA
process), or objected to the Commission making the entire 90 megahertz
available for wireless microphone use. While the Commission did not
specifically propose a 30-megahertz limit, the Commission made clear
that in addition to its proposal regarding potential limits (e.g.,
restricting operations to specific, fixed locations at specific times)
it would consider ``alternative proposals'' on ``any other regulatory
or technical issues relevant to consideration'' of whether to authorize
wireless microphone operations in the 1435-1525 MHz band. As evidenced
by commenter objections to making the entire 90 megahertz in the band
available for wireless microphone use, this guidance was sufficient to
apprise interested parties that the Commission might consider
additional limitations for wireless microphone operations (like the 30-
megahertz limitation) on the amount of spectrum that a licensee could
access under a given license. As such, the Commission's decision to
adopt the 30-megahertz limitation was, at a minimum, a logical
outgrowth of the proposals made in the Wireless Microphones NPRM, and
thus complied with notice requirements.
34. Moreover, the record contains ample basis to support the
balance that the Commission sought to achieve when establishing the 30-
megahertz limitation for operations in this band--i.e., accommodating
wireless microphone
[[Page 41556]]
operations through access to spectrum in this band along with other
bands, while also promoting efficient spectrum use. By limiting a
particular operator to access to no more than 30 megahertz of the
spectrum in this band, we also promote our goals concerning efficient
use of the spectrum in this band, and we help ensure that other
licensed wireless microphone users can access portions of this spectrum
for their needs as well. While there may be extraordinary situations or
special events in which access to 30 megahertz in this band may be
insufficient, for which the STA process remains available (as discussed
below), we are not persuaded by petitioners that we should remove the
general limitation and instead provide a particular user with general
access to all 90 megahertz of spectrum in the band. In sum, we conclude
that a 30-megahertz limitation is balanced and reasonable, particularly
with the clarification that follows regarding implementation of this
limitation.
35. The Commission also clarified how this general limitation will
apply to different licensed wireless microphone users that may operate
in the same general area or location. The Commission recognized, as
noted by the petitioner and commenters above, that in some areas of the
country the spectrum available for licensed wireless microphone
operations may be quite constrained (e.g., the theater district in New
York City, or the Las Vegas strip). The Commission also recognized that
different users in that same general area or location may be seeking to
access portions of the same general spectrum resource for their
respective wireless microphone operations at a particular venue. While
the Commission is limiting each wireless microphone user's operations
in a particular area or venue to access to no more than 30 megahertz in
the band (i.e., one-third of the spectrum in the band), as discussed
above, the Commission clarified that different users in the same
general area can each access up to 30 megahertz of the spectrum in the
band for their respective wireless microphone operations.
36. As discussed above, there may be extraordinary situations for
which a licensed wireless microphone user may need access to more than
30 megahertz of spectrum in the band for a specific event at a
particular location or area. For any such extraordinary event, the STA
process remains available to meet these needs. In keeping with existing
requirements for obtaining an STA, the wireless microphone licensee
would need to demonstrate that all of the spectrum resources available
to it for that event are insufficient to meet its needs. The Commission
rejected Shure's request that we eliminate use of STAs in this band for
either wireless microphone or video production operations. The
Commission recognized that, for particular events, both professional
wireless microphone users and professional video production services
may seek access to spectrum in the 1435-1525 MHz band through STAs in
the same general location or area. To the extent that these different
entities may seek access to the 1435-1525 MHz band at the same location
and time for scheduled events, the Commission expected these users to
coordinate their audio and video operations.
37. Licensed Wireless Microphone Operations in the 941.5-944 MHz
Band. In the Wireless Microphones R&O, the Commission revised its rules
to provide new opportunities for licensed wireless microphone
operations in the bands adjacent to the 944-952 MHz band, which has
long been available for wireless microphone operations under the
Commission's part 74 LPAS rules. Given the need to coordinate the
wireless microphone operations with the various incumbent primary
Federal fixed services that may operate at different frequencies and
locations throughout the 941.5-944 MHz band, we provide the following
guidance. After coordination of proposed wireless microphone operations
with incumbent non-Federal users through the local SBE coordinator, the
applicant will file its application for an LPAS license with the
Commission. In addition to the basic technical information (such as the
particular frequencies and maximum power levels that the applicant
proposes to use), the applicant is required to provide a description of
the proposed location and area(s) of operation. To facilitate the
Commission's coordination of the proposed wireless microphone
operations with incumbent Federal users, each application should
provide sufficient specificity regarding the proposed location(s)
(e.g., venues) of the wireless microphone operations for which the
applicant seeks authorization, and limit its request only to the
area(s) necessary to meet its particular communications needs.
Providing such specificity is consistent with the approach used for
coordinating co-primary non-Federal fixed service applications with
Federal fixed operations in the band, and also is consistent with the
approach taken with regard to secondary licensed wireless microphone
operations in the 1435-1525 MHz band. Finally, the Commission noted
that, under the applicable LPAS rules, wireless microphone licensees
are not granted exclusive frequency assignments for their secondary
operations. Accordingly, the grant of a LPAS license to one entity for
wireless microphone operations at a specified location (e.g., a venue)
does not preclude the grant of additional LPAS licenses to other
entities at the same location following successful coordination of
their proposed operations with the primary users of the band.
38. Updating Rules to Reflect 600 MHz Band Plan and Other
Miscellaneous Revisions. The broadcast television incentive auction
closed on April 13, 2017. As a result, the 600 MHz Band Plan is now
finalized, and the specific frequencies associated with the 600 MHz
service band, the 600 MHz guard band, and the 600 MHz duplex gap are
now established. Accordingly, the Commission updated various rule parts
in part 15 (affecting unlicensed wireless microphone operations) and
part 74 (affected licensed wireless microphone operations) to reflect
the 600 MHz Band Plan. In addition, the Commission updated these rules
to reflect specific calendar dates for compliance with various
requirements that attach based on the date of release of the Closing
and Channel Reassignment PN and the establishment of the post-auction
transition period. Finally, the Commission also took this opportunity
to reinsert part of a rule provision in Sec. 87.303(d)(1) that had
been inadvertently deleted with the rule changes adopted in the
Wireless Microphones R&O.
Procedural Matters
39. Paperwork Reduction Analysis. This Order on Reconsideration
contains new 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 information collection
requirements contained in this proceeding. In addition, we note that
pursuant to the Small Business Paperwork Relief Act of 2002 (SBPRA),
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
40. We have assessed the effects of various changes and
clarifications to the Wireless Microphones R&O and TV
[[Page 41557]]
Bands Part 15 R&O that might impose information collection burdens on
small business concerns, and find that those changes and clarifications
facilitate licensed and unlicensed wireless microphone use of various
frequency bands and provide wireless microphone manufacturers with
greater flexibility in designing products to meet market demands. We
anticipate no adverse impacts on small business concerns with fewer
than 25 employees.
41. Congressional Review Act. The Commission will send a copy of
this Order on Reconsideration to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
42. 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.'' According, we have prepared Final Regulatory Flexibility
Analysis concerning the possible impact of the Order on Reconsideration
on small entities. While the Order on Reconsideration generally upholds
the rules adopted in the Wireless Microphones R&O and the TV Bands Part
15 R&O, it makes the changes and clarifications specified above. These
changes and clarifications facilitate licensed and unlicensed wireless
microphone use of various frequency bands by permitting more
flexibility in meeting the technical requirements relating to emission
limits, more efficient use of the 169-172 MHz band, increased access to
the 1435-1525 MHz band, and the possibility of interference protection
for certain professional unlicensed wireless microphone users;
resolving uncertainties in the rules regarding power requirements, when
unlicensed microphones can continue to operate equipment certified
under part 74, and when wireless microphone applicants must coordinate;
and providing wireless microphone manufacturers with greater
flexibility in designing products to meet market demands.
43. The Commission anticipates no adverse economic impact on small
entities because, with one exception, the changes provide these
entities benefits previously unavailable to them, as opposed to
mandating new requirements on them. That exception involves the
clarification that applicants for LPAS licenses to operate wireless
microphones on frequencies in the 941.5-944 MHz band are required to
have their proposed operations successfully coordinated with Federal
users. However, the Commission believes that this requirement will
impose only a de minimis burden. Significant alternatives considered
include making no changes to the rules adopted in the Wireless
Microphones R&O and in the TV Bands Part 15 R&O or making more
extensive changes to those rules. However, the Commission finds that
the relatively limited number of changes made in the Order best
balances the needs of wireless microphone users and manufacturers and
other entities that use the same frequency bands by providing wireless
microphone users and manufacturers increased flexibility to meet their
requirements in those bands without impairing other entities' access to
the bands.
Ordering Clauses
44. It is ordered that, pursuant to sections 1, 4(i), 4(j), 7(a),
301, 302, 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 302a, 303(f),
303(g), and 303(r), and section 553(b)(B) of the Administrative
Procedure Act, 5 U.S.C 553(b)(B), this Order on Reconsideration is
adopted.
45. It is ordered that parts 2, 15, 74, 87, and 90 of the
Commission's rules, 47 CFR parts 2, 15, 74, 87, and 90, are amended as
set forth in the Final Rules.
46. It is ordered that the rules adopted herein will become
effective October 2, 2017, except for Sec. 74.803(c) and (d) of our
rules, which contains a new information collection requirement that
requires approval by the OMB under the PRA, which will become effective
after the Commission publishes a notice in the Federal Register
announcing such approval and the relevant effective date.
47. It is further ordered that, pursuant to section 405 of the
Communications Act of 1934, as amended, 47 U.S.C. 405, and Sec. 1.429
of the Commission's rules, 47 CFR 1.429, the Petitions for
Reconsideration of the Report and Order in GN Docket No. 14-166 and GN
Docket No. 12-268, filed by Audio-Technica, U.S., Inc., Sennheiser
Electronic Corporation, Lectrosonics, Inc., and Shure Incorporated, and
the Petitions for Reconsideration of the Report and Order in ET Docket
No. 14-165 and GN Docket No. 12-268, filed by Audio-Technica, U.S.,
Inc., Sennheiser Electronic Corporation, and Shure Incorporated are
granted in part and denied in part to the extent described herein.
48. It is ordered, pursuant to sections 4(i) and (j) of the
Communications Act, as amended, 47 U.S.C. 154(i) and (j), and
Sec. Sec. 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131,
0.331, that WT Docket Nos. 08-166 and 08-167 and ET Docket No. 10-24
are terminated.
List of Subjects
47 CFR Part 2
Telecommunications.
47 CFR Part 15
Communications equipment.
47 CFR Part 74
Incorporation by reference, Reporting and recordkeeping
requirements.
47 CFR Part 87
Communications equipment.
47 CFR Part 90
Business and industry.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 15, 74, 87, and 90 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise page 32.
0
b. Revise footnotes US84 and US300 in the list of United States (US)
Footnotes.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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[[Page 41558]]
[GRAPHIC] [TIFF OMITTED] TR01SE17.138
[[Page 41559]]
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* * * * *
United States (US) Footnotes
* * * * *
US84 In the bands 941.5-944 MHz and 1435-1525 MHz, low power
auxiliary stations may be authorized on a secondary basis, subject
to the terms and conditions set forth in 47 CFR part 74, subpart H.
* * * * *
US300 The frequencies 169.445, 169.505, 169.545, 169.575,
169.605, 169.995, 170.025, 170.055, 170.245, 170.305, 171.045,
171.075, 171.105, 171.845, 171.875, and 171.905 MHz are available
for wireless microphone operations on a secondary basis to Federal
and non-Federal operations. On center frequencies 169.575 MHz,
170.025 MHz, 171.075 MHz, and 171.875 MHz, the emission bandwidth
shall not exceed 200 kHz. On the other center frequencies, the
emission bandwidth shall not exceed 54 kHz.
* * * * *
PART 15--RADIO FREQUENCY DEVICES
0
3. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
0
4. Section 15.37 is amended by revising paragraph (i) and paragraph (k)
introductory text to read as follows:
Sec. 15.37 Transition provisions for compliance with the rules.
* * * * *
(i) As of December 26, 2017, wireless microphones for which an
application for certification is filed must comply with the
requirements of Sec. 15.236. Manufacturing and marketing of wireless
microphones that would not comply with the rules for operation in Sec.
15.236 must cease no later than September 24, 2018. Only wireless
microphones certified for operation under this part may be operated
under this part as of July 13, 2020.
* * * * *
(k) Disclosure requirements for unlicensed wireless microphones
capable of operating in the 600 MHz service band. Any person who
manufactures, sells, leases, or offers for sale or lease, unlicensed
wireless microphones that are capable of operating in the 600 MHz
service band, as defined in this part, on or after July 13, 2017, is
subject to the following disclosure requirements:
* * * * *
0
5. Section 15.203 is revised to read as follows:
Sec. 15.203 Antenna requirement.
An intentional radiator shall be designed to ensure that no antenna
other than that furnished by the responsible party shall be used with
the device. The use of a permanently attached antenna or of an antenna
that uses a unique coupling to the intentional radiator shall be
considered sufficient to comply with the provisions of this section.
The manufacturer may design the unit so that a broken antenna can be
replaced by the user, but the use of a standard antenna jack or
electrical connector is prohibited. This requirement does not apply to
carrier current devices or to devices operated under the provisions of
Sec. Sec. 15.211, 15.213, 15.217, 15.219, 15.221, or Sec. 15.236.
Further, this requirement does not apply to intentional radiators that
must be professionally installed, such as perimeter protection systems
and some field disturbance sensors, or to other intentional radiators
which, in accordance with Sec. 15.31(d), must be measured at the
installation site. However, the installer shall be responsible for
ensuring that the proper antenna is employed so that the limits in this
part are not exceeded.
0
6. Section 15.236 is amended by revising paragraphs (a)(2) through (4),
(c)(1), (c)(3), removing and reserving paragraph (c)(4), revising
paragraphs (c)(5), (d)(2), and (g) to read as follows:
Sec. 15.236 Operation of wireless microphones in the bands 54-72 MHz,
76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.
* * * * *
(a) * * *
(2) 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz
that separates part 27 600 MHz service uplink and downlink frequencies.
(3) 600 MHz guard band. Designated frequency band at 614-617 MHz
that prevents interference between licensed services in the 600 MHz
service band and channel 37.
(4) 600 MHz service band. Frequencies in the 617-652 MHz and 663-
698 MHz bands that are reallocated and reassigned for 600 MHz band
services under part 27.
* * * * *
(c) * * *
(1) Channels allocated and assigned for the broadcast television
service.
* * * * *
(3) The 657-663 MHz segment of the 600 MHz duplex gap.
(4) [Reserved]
(5) The 614-616 MHz segment of the 600 MHz guard band.
* * * * *
(d) * * *
(2) In the 600 MHz guard band and the 600 MHz duplex gap: 20 mW
EIRP.
* * * * *
(g) Emissions within the band from one megahertz below to one
megahertz above the carrier frequency shall comply with the emission
mask in Sec. 8.3 of ETSI EN 300 422-1 V1.4.2 (2011-08),
Electromagnetic compatibility and Radio spectrum Matters (ERM);
Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1:
Technical characteristics and methods of measurement. Emissions outside
of this band shall comply with the limits specified in section 8.4 of
ETSI EN 300 422-1 V1.4.2 (2011-08).
0
7. Section 15.711 is amended by revising paragraph (a) to read as
follows:
Sec. 15.711 Interference avoidance methods.
* * * * *
(a) Geolocation required. White space devices shall rely on a
geolocation capability and database access mechanism to protect the
following authorized service in accordance with the interference
protection requirements of Sec. 15.712: Digital television stations,
digital and analog Class A, low power, translator and booster stations;
translator receive operations; fixed broadcast auxiliary service links;
private land mobile service/commercial radio service (PLMRS/CMRS)
operations; offshore radiotelephone service; low power auxiliary
services authorized pursuant to Sec. Sec. 74.801 through 74.882 of
this chapter, including licensed wireless microphones; MVPD receive
sites; wireless medical telemetry service (WMTS); radio astronomy
service (RAS); and 600 MHz service band licensees where they have
commenced operations, as defined in Sec. 27.4 of this chapter. In
addition, protection shall be provided in border areas near Canada and
Mexico in accordance with Sec. 15.712(g).
* * * * *
0
8. Section 15.713 is amended by removing and reserving paragraph (j)(9)
as follows:
Sec. 15.713 White space database.
* * * * *
(j) * * *
(9) [Reserved]
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
9. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and
554.
0
10. Section 74.801 is amended by removing the ``Note to Definitions of
[[Page 41560]]
600 MHz Duplex Gap, 600 MHz Guard Bands, and 600 MHz Service Band,''
and by revising the definitions of ``600 MHz duplex gap,'' ``600 MHz
guard bands,'' and ``600 MHz service band'' to read as follows:
Sec. 74.801 Definitions.
600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that
separates part 27 600 MHz service uplink and downlink frequencies.
600 MHz guard band. Designated frequency band at 614-617 MHz that
prevents interference between licensed services in the 600 MHz service
band and channel 37.
600 MHz service band. Frequencies in the 617-652 MHz and 663-698
MHz bands that are reallocated and reassigned for 600 MHz band services
under part 27.
* * * * *
0
11. Section 74.802 is amended by revising paragraph (a)(1), adding Note
to paragraph (a)(1) and revising paragraph (a)(2) to read as follows:
Sec. 74.802 Frequency assignment.
(a)(1) Frequencies within the following bands may be assigned for
use by low power auxiliary stations:
26.100-26.480 MHz
54.000-72.000 MHz
76.000-88.000 MHz
161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands)
174.000-216.000 MHz
450.000-451.000 MHz
455.000-456.000 MHz
470.000-488.000 MHz
488.000-494.000 MHz (except Hawaii)
494.000-608.000 MHz
614.000-698.000 MHz
941.500-944.000 MHz
944.000-952.000 MHz
952.850-956.250 MHz
956.45-959.85 MHz
1435-1525 MHz
6875.000-6900.000 MHz
7100.000-7125.000 MHz
Note to Paragraph (a)(1): Frequency assignments in the 614.000-
698.000 MHz band are subject to conditions established in
proceedings pursuant to GN Docket No. 12-268. This band is being
transitioned to the 600 MHz service band, the 600 MHz guard band,
and the 600 MHz duplex gap during the post-incentive auction
transition period (as defined in Sec. 27.4 of this chapter), which
began on April 13, 2017. Low power auxiliary stations must comply
with the applicable conditions with respect to any assignment to
operate on frequencies repurposed for the 600 MHz service band, the
600 MHz guard band, and the 600 MHz duplex gap, respectively. This
rule will be further updated, pursuant to public notice or
subsequent Commission action, to reflect additional changes that
implement the determinations made in these proceedings.
(2) The 653.000-657.000 MHz segment of the 600 MHz duplex gap may
be assigned for use by low power auxiliary service.
* * * * *
0
12. Section 74.803 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 74.803 Frequency selection to avoid interference.
* * * * *
(c) In the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-
959.85 MHz, 6875.000-6900.000 MHz, and 7100.000-7125.000 MHz bands low
power auxiliary station usage is secondary to other uses (e.g. Aural
Broadcast Auxiliary, Television Broadcast Auxiliary, Cable Relay
Service, Fixed Point to Point Microwave) and must not cause harmful
interference. In the 941.5-944 MHz band, low power auxiliary station
usage also is secondary to Federal operations in the band. In each of
these bands, applicants are responsible for selecting the frequency
assignments that are least likely to result in mutual interference with
other licensees in the same area. Applicants must consult local
frequency coordination committees, where they exist, for information on
frequencies available in the area. In selecting frequencies,
consideration should be given to the relative location of receive
points, normal transmission paths, and the nature of the contemplated
operation.
(d) In the 1435-1525 MHz band, low power auxiliary station (LPAS)
authorizations are limited to operations at fixed locations, and only
to the extent that applicable requirements have been met for the
proposed operations at those specified locations.
(1) Each authorization is limited to specific events or situations
for which there is a need to deploy large numbers of LPAS for specified
time periods, and use of other available spectrum resources at that
particular location is insufficient to meet the LPAS licensee's needs.
(2) The access to spectrum in the band must be coordinated with the
frequency coordinator for aeronautical mobile telemetry, the Aerospace
and Flight Test Radio Coordinating Committee (AFTRCC) prior to
operations at the specified location and period of time, with AFTRCC
indicating whether any specific frequencies in the band are unavailable
for use. LPAS devices must complete authentication and location
verification before operations begin, employ software-based controls or
similar functionality to prevent devices in the band from operating
except in the specific channels, locations, and time periods that have
been coordinated, and be capable of being tuned to any frequency in the
band.
(3) LPAS users may have access to no more than 30 megahertz of
spectrum (one third of the 1435-1525 MHz band) for their operations at
the specified locations. Different users in the same general area each
can access up to 30 megahertz of spectrum for their respective
operations. All licensees that have successfully coordinated with
AFTRCC for access to the 1435-1525 MHz band for operations at their
specified locations in the same general area must, to the extent
necessary, coordinate their particular access to and use of spectrum
with other licensees to minimize the potential for interference between
and among the different operations.
0
13. 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 941.5-944 MHz, 944-952 MHz,
952.850-956.250 MHz, 956.45-959.85 MHz, 6875-6900 MHz, and 7100-7125
MHz bands 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
14. Section 74.832 is amended by revising paragraph (d) to read as
follows:
Sec. 74.832 Licensing requirements and procedures.
* * * * *
(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 in the bands allocated for TV broadcasting, the 653-657 MHz
band, the 941.5-944 MHz
[[Page 41561]]
band, the 944-952 MHz band, the 952.850-956.250 MHz band, the 956.45-
959.85 MHz band, the 1435-1525 MHz band, the 6875-6900 MHz band, and
the 7100-7125 MHz band. In the 6875-6900 MHz and 7100-7125 MHz bands,
entities eligible to hold licenses for cable television relay service
stations (see Sec. 78.13 of this chapter) shall also be eligible to
hold licenses for low power auxiliary stations.
* * * * *
0
15. Section 74.851 is amended by revising paragraphs (i) through (k),
and paragraph (l) introductory text to read as follows:
Sec. 74.851 Certification of equipment, prohibition on manufacture,
import, sale, lease, offer for sale or lease, or shipment of devices
that operate in the 700 MHz or the 600 MHz Band; labeling for 700 MHz
or 600 MHz band equipment destined for non-U.S. markets; disclosures.
* * * * *
(i) As of January 13, 2018, applications for certification shall no
longer be accepted for low power auxiliary stations or wireless video
assist devices that are capable of operating in the 600 MHz service
band or the 600 MHz guard band, or for low power auxiliary stations
that are capable of operating in the 600 MHz duplex gap unless the
operations are limited to the 653-657 MHz segment.
(j) As of October 13, 2018, no person shall manufacture, import,
sell, lease, offer for sale or lease, or ship low power auxiliary
stations or wireless video assist devices that are capable of operating
in the 600 MHz service band or the 600 MHz guard bands, or low power
auxiliary stations that are capable of operating in the 600 MHz duplex
gap unless the operations are limited to the 653-657 MHz segment. This
prohibition does not apply to devices manufactured solely for export.
(k) As of October 13, 2018, any person who manufacturers, sells,
leases, or offer for sale or lease low power auxiliary stations or
wireless video assist devices that are destined for non-U.S. markets
and that are capable of operating in the 600 MHz service band or the
600 MHz guard bands, or low power auxiliary stations that are capable
of operating in the 600 MHz duplex gap unless such operations are
limited to the 653-657 MHz segment, shall include labeling and make
clear in all sales, marketing, and packaging materials, including
online materials, relating to such devices that the devices cannot be
operated in the United States.
(l) Disclosure requirements for low power auxiliary stations and
wireless video assist devices capable of operating in the 600 MHz
service band. Any person who manufactures, sells, leases, or offers for
sale or lease low power auxiliary stations or wireless video devices
that are capable of operating in the 600 MHz service band on or after
July 13, 2017, is subject to the following disclosure requirements:
* * * * *
0
16. Section 74.861 is amended by revising paragraphs (d)(3), (d)(4)(i)
through (iii), and (e)(7) to read as follows:
Sec. 74.861 Technical requirements.
* * * * *
(d) * * *
(3) For the 26.1-26.480 MHz, 161.625-161.775 MHz, 450-451 MHz, and
455-456 MHz bands, the occupied bandwidth shall not be greater than
that necessary for satisfactory transmission and, in any event, an
emission appearing on any discrete frequency outside the authorized
band shall be attenuated, at least, 43+10 log\10\ (mean output power,
in watts) dB below the mean output power of the transmitting unit. The
requirements of this paragraph shall also apply to the applications for
certification of equipment for the 944-952 MHz band until January 13,
2018.
(4)(i) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100-
7125 MHz bands, analog emissions within the band from one megahertz
below to one megahertz above the carrier frequency shall comply with
the emission mask in section 8.3.1.2 of the European Telecommunications
Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic
compatibility and Radio spectrum Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics
and methods of measurement. Beyond one megahertz below and above the
carrier frequency, emissions shall comply with the limits specified in
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
(ii) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, and 1435-1525 MHz bands, digital
emissions within the band from one megahertz below to one megahertz
above the carrier frequency shall comply with the emission mask in
section 8.3.2.2 (Figure 4) of the European Telecommunications Institute
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic
compatibility and Radio spectrum Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics
and methods of measurement. Beyond one megahertz below and above the
carrier frequency, emissions shall comply with the limits specified in
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
(iii) In the 6875-6900 MHz and 7100-7125 MHz bands, digital
emissions within the band from one megahertz below to one megahertz
above the carrier frequency shall comply with the emission mask in
section 8.3.2.2 (Figure 5) of the European Telecommunications Institute
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic
compatibility and Radio spectrum Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics
and methods of measurement. Beyond one megahertz below and above the
carrier frequency, emissions shall comply with the limits specified in
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
* * * * *
(e) * * *
(7) Analog emissions within the band from one megahertz below to
one megahertz above the carrier frequency shall comply with the
emission mask in section 8.3.1.2 of the European Telecommunications
Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic
compatibility and Radio spectrum Matters (ERM); Wireless microphones in
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics
and methods of measurement. Digital emissions within the band from one
megahertz below to one megahertz above the carrier frequency shall
comply with the emission mask in section 8.3.2.2 (Figure 4) of the
European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2
(2011-08), Electromagnetic compatibility and Radio spectrum Matters
(ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range;
part 1: Technical characteristics and methods of measurement. Beyond
one megahertz below and above the carrier frequency, emissions shall
comply with the limits specified in section 8.4 of ETSI EN 300 422-1
v1.4.2 (2011-08). The requirements of this paragraph (e)(7) shall not
apply to applications for certification of equipment in these bands
until nine months after release of the Commission's Channel
Reassignment Public Notice, as defined in Sec. 73.3700(a)(2) of this
chapter.
* * * * *
PART 87--AVIATION SERVICES
0
17. The authority citation for part 87 continues to read as follows:
[[Page 41562]]
Authority: 47 U.S.C. 154, 303, and 307(e), unless otherwise
noted.
0
18. Section 87.303 is amended by revising paragraph (d)(1) and adding
paragraph (d)(4) to read as follows:
Sec. 87.303 Frequencies.
* * * * *
(d) * * *
(1) Frequencies in the 1435-1525 MHz and 2360-2395 MHz bands are
assigned in the mobile service primarily for aeronautical telemetry and
associated telecommand operations for flight testing of aircraft and
missiles, or their major components. Until January 1, 2020, the 2345-
2360 MHz band is also available to licensees holding a valid
authorization on April 23, 2015 for these purposes on a secondary
basis. Permissible uses of these bands include telemetry and associated
telecommand operations associated with the launching and reentry into
the Earth's atmosphere, as well as any incidental orbiting prior to
reentry, of objects undergoing flight tests. In the 1435-1525 MHz band,
the following frequencies are shared on a co-equal basis with flight
telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and
1524.5 MHz. In the 2360-2395 MHz band, the following frequencies may be
assigned for telemetry and associated telecommand operations of
expendable and re-usable launch vehicles, whether or not such
operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. All
other mobile telemetry uses of the 2360-2395 MHz band shall be on a
non-interfering and unprotected basis to the above uses.
* * * * *
(4) Frequencies in the bands 1435-1525 MHz are also available for
low power auxiliary station use on a secondary basis.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
19. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
20. Section 90.265 is amended by revising paragraph (b) introductory
text and paragraph (b)(1) to read as follows:
Sec. 90.265 Assignment and use of frequencies in the bands allocated
for Federal use.
* * * * *
(b) The following frequencies are available for wireless microphone
operations to eligibles in this part, subject to the provisions of this
paragraph:
Frequencies (MHz)
169.445
169.505
169.545
169.575
169.605
169.995
170.025
170.055
170.245
170.305
171.045
171.075
171.105
171.845
171.875
171.905
(1) On center frequencies 169.575 MHz, 170.025 MHz, 171.075 MHz,
and 171.875 MHz, the emission bandwidth shall not exceed 200 kHz. On
the other center frequencies listed in this paragraph (b), the emission
bandwidth shall not exceed 54 kHz.
* * * * *
[FR Doc. 2017-17442 Filed 8-31-17; 8:45 am]
BILLING CODE 6712-01-P