Consumer Disclosure and Labeling; Promoting Spectrum Access for Wireless Microphone Operations, 10641-10643 [2018-04876]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10641-10643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04876]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 74

[GN Docket No. 14-166, ET Docket No. 14-165, GN Docket No. 12-268: DA 
17-709]


Consumer Disclosure and Labeling; Promoting Spectrum Access for 
Wireless Microphone Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Consumer and Governmental Affairs Bureau, 
Wireless Telecommunications Bureau, and the Office of Engineering and 
Technology of the Federal Communications Commission adopt specific 
language for the consumer disclosures which the Commission adopted in 
2015 and which concern the operation of wireless microphone (licensed 
or unlicensed) or video assist devices capable of operating in the 600 
MHz service frequency band. With the close of the incentive auction on 
April 13, 2017, the 600 MHz service band has been reallocated for new 
wireless services, and wireless microphones and video assist devices 
must cease operations in this band no later than July 13, 2020 to avoid 
harmful interference to new wireless services. This disclosure 
requirement, including the specific Consumer Alert language, applies to 
persons who manufacture, sell, lease, or offer for sale or lease, 
wireless microphones or video assist devices authorized pursuant to and 
informs consumers of the changes that will affect their use of these 
devices in the newly established 600 MHz service band.

DATES: This rule is effective April 11, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Murray, Office of Engineering and 
Technology, 202-418-0688, [email protected]. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this document, send an email to 
[email protected] or contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION: The Commission will not send a CRA for this 
document because it only constitutes specific language to the consumer 
disclosure rules that were adopted by the Commission in 2015 in the 
Wireless Microphones R&O, 80 FR 71702, November 17, 2015, as revised in 
2017 in the Wireless Microphones Order on Reconsideration, 82 FR 41549, 
September 1, 2017. The Commission submitted the Wireless Microphones 
R&O, which included the rule provisions adopting the consumer 
disclosure requirements, to Congress, GAO, etc. This document revises 
the Commission's rules to provide the specific language consumer 
disclosure text associated with the previously adopted rules, which the 
Commission had directed in 2015 that the Consumer and Governmental 
Affairs Bureau provide once the incentive auction closed. The document 
implements what the Commission had directed in 2015.
    This document contains the specific Consumer Alert text associated 
with new information collection requirements that are subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. This language 
was submitted to the Office of Management and Budget (OMB) in November 
2017 for review under section 3507(d) of the PRA, and on January 18, 
2018, OMB approved this information collection, published elsewhere in 
this issue of the Federal Register. In addition, we note that, pursuant 
to the Small Business Paperwork Relief Act of 2002, 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. In this 
present document, we have assessed the effects of the requirement that 
entities provide this specified consumer disclosure text with regard to 
the manufacture, sale, lease, or offer for sale or lease, of wireless 
microphones that operate in the 600 MHz service band, and find that by 
allowing such entities--including businesses with fewer than 25 
employees--several ways to comply with the consumer disclosure 
requirement to display this specified text (e.g., providing a label or 
sticker on a product box, or prominently displaying the text next to 
the device in a catalogue or electronic sales material), the Commission 
has effectively minimized the burden of compliance.
    This is a summary of the Order adopted by the Consumer and 
Governmental Affairs Bureau, the Wireless Telecommunications Bureau, 
and the Office of Engineering and Technology, GN Docket No. 14-166, ET 
Docket NO. 14-165, GN Docket No. 12-268, DA 17-709, adopted July 24, 
2017 and released July 24, 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/db0724/DA-17-709A1.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 [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis

    1. In this Order, the Consumer and Governmental Affairs Bureau, the 
Wireless Telecommunications Bureau, and the Office of Engineering and 
Technology provide the specific language that must be used in the 
consumer disclosure required by the Commission in 2015 in Sec. Sec.  
15.37(k) and 74.851(l) of the Commission's rules. It is applicable to 
persons who manufacture, sell, lease, or offer for sale or lease, 
wireless microphone or video assist devices--either (a) wireless 
microphones or other low power auxiliary stations (``wireless 
microphones'') or video assist devices, authorized pursuant to part 74, 
Subpart H of the Commission's rules, or (b) unlicensed wireless 
microphones authorized pursuant to Sec.  15.236--to the extent that 
these devices are capable of operating in the 600 MHz service band 
(617-652 MHz/663-698 MHz). This specific Consumer Alert text in the 
consumer disclosure rules informs consumers of the specific frequencies 
associated with the 600 MHz service band and also informs them that 
wireless microphone users must cease any wireless microphone operations 
in the 600 MHz service band no later than July 13, 2020. In addition, 
in many instances the text informs consumers that they may be required 
to cease use of these devices earlier if their use has the potential to 
cause harmful interference to 600 MHz service licensees' wireless 
operations in the band.
    2. On August 5, 2015, the Commission adopted the Wireless 
Microphones R&O, 80 FR 71702, November 17, 2015, which established 
various rules applicable to wireless microphones (and other low power 
auxiliary stations) that operate in the TV bands (which at that time

[[Page 10642]]

included TV channels 2-51 except channel 37). Anticipating the 
repurposing of a portion of the TV bands for new 600 MHz wireless 
services after the close of the broadcast television incentive auction, 
the Commission took several actions to ensure that the use of wireless 
microphones does not cause harmful interference to new 600 MHz service 
licensees' wireless operations. Among other actions, the Commission 
adopted the consumer disclosure requirement set forth in Sec. Sec.  
15.37(k) and 74.851(l). The rules require that anyone selling, leasing, 
or offering for sale or lease, wireless microphones that operate in the 
600 MHz service band must display the specific text of the consumer 
disclosure at the point of sale in a clear, conspicuous, and readily 
legible manner. The Commission required that the consumer disclosure be 
displayed on the website of the manufacturer (even if the manufacturer 
does not sell wireless microphones directly to the public) and of 
dealers, distributors, retailers, and anyone else selling or leasing 
the devices.
    3. In the Wireless Microphones R&O, the Commission delegated 
authority to the Consumer and Governmental Affairs Bureau, working with 
the Wireless Telecommunications Bureau and the Office of Engineering 
and Technology, to prepare the specific language of the required 
consumer disclosure following the close of the broadcast television 
incentive auction and issuance of the Closing and Channel Reassignment 
Public Notice, which established the frequencies that are associated 
with the 600 MHz service band; the Closing and Channel Reassignment 
Public Notice was released on April 13, 2017. As directed by the 
Commission, the Consumer and Governmental Affairs Bureau, the Wireless 
Telecommunications Bureau, and the Office of Engineering and Technology 
adopted the text provided in this order as the specific language to be 
included in the consumer disclosure rules. This text will be included 
in Sec. Sec.  15.37(k) and 74.851(l) of the Commission's rules.
    4. It is ordered that, pursuant to sections 4(i) and 302 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 302a, and 
Sec. Sec.  0.131, 0.141, 0.331, and 0.361 of the Commission's Rules, 47 
CFR 0.131, 0.141, 0.331, and 0.361, the Consumer Disclosure text in 
this ORDER is hereby adopted.
    5. It is further ordered that the rules adopted herein, which 
contain new information collection requirements that require approval 
by OMB under the PRA, will become effective after the Commission 
publishes a document in the Federal Register announcing such approval 
and the relevant effective date.
    The information requirements were approved by OMB as of January 18, 
2018, as published elsewhere in this issue of the Federal Register, so 
this document satisfies that notice and publication requirement.

List of Subjects

47 CFR Part 15

    Labeling, Reporting and recordkeeping requirements.

47 CFR Part 74

    Reporting and recordkeeping requirements.

Federal Communications Commission.
Julius P. Knapp,
Chief, Office of Engineering and Technology.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 parts 15 and 74 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, 554a, and 
549.


0
2. Section 15.37 is amended by revising paragraph (k)(4) to read as 
follows:


Sec.  15.37   Transition provisions for compliance with the rules.

* * * * *
    (k) * * *
    (4) The consumer disclosure text described in paragraph (k)(1) of 
this section is set forth in Figure 1 to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12MR18.004


[[Page 10643]]


* * * * *

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

0
3. 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
4. Section 74.851 is amended by revising paragraph (l)(4) 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.

* * * * *
    (l) * * *
    (4) The consumer disclosure text described in paragraph (l)(1) of 
this section is set forth as Figure 1 to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12MR18.005


[FR Doc. 2018-04876 Filed 3-9-18; 8:45 am]
 BILLING CODE 6712-01-P