[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64446-64450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25825]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15, 74, and 90
[WT Docket Nos. 08-166, 08-167, ET Docket No. 10-24; DA 12-1570]
Wireless Microphones Proceeding
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; comments requested.
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SUMMARY: In this document, the Wireless Telecommunications Bureau and
the Office of Engineering and Technology invite interested parties to
update and refresh the record pertaining to two specific issues raised
in the Commission's 2010 Wireless Microphones further notice of
proposed rulemaking.
DATES: Interested parties may file comments on or before November 21,
2012, and reply comments on or before December 12, 2012.
ADDRESSES: You may submit comments, identified by WT Docket Nos. 08-
166, 08-167, ET Docket No. 10-24, by any of the following methods:
[ssquf] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[ssquf] Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs2/. Follow the instructions for submitting
comments.
[ssquf] Mail: Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[ssquf] People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Bill Stafford, Wireless
Telecommunications Bureau, (202) 418-0563, or Alan Stillwell, Office of
Engineering and Technology, (202) 418-2470.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice released on October 5, 2012. The full text of the public notice
is available for inspection and copying during business hours in the
FCC Reference Information Center, Portals II, 445 12th Street SW., Room
CY-A257, Washington, DC 20554. It may also be purchased from the
Commission's duplicating contractor at Portals II, 445 12th Street SW.,
Room CY-B402, Washington, DC 20554; the contractor's Web site, http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-
5563, or email [email protected]. Copies of the public notice also may be
obtained via the Commission's Electronic Comment Filing System (ECFS)
by entering the following docket numbers: WT Docket Nos. 08-166, 08-
167, and ET Docket No. 10-24. Additionally, the complete item is
available on the Federal Communications Commission's Web site at http://www.fcc.gov.
The Wireless Telecommunications Bureau and the Office of
Engineering and Technology invite interested parties to update and
refresh the record pertaining to two specific issues raised in the
Commission's 2010 Wireless Microphones Further Notice of Proposed
Rulemaking \1\--(1) whether the Commission should provide for a limited
expansion of license eligibility that would permit some wireless
microphone and other low power auxiliary station users, which currently
operate in the TV broadcast spectrum on an unlicensed basis, to operate
on a licensed basis under the part 74 rules applicable to low power
auxiliary stations (LPAS); and (2) what steps the Commission should
take to promote more efficient use of this spectrum by wireless
microphones.\2\ The Commission asks that these comments take into
consideration recent industry developments, including advances in
wireless microphone technologies, as
[[Page 64447]]
well as related Commission proceedings that affect use of wireless
microphones, including the TV White Spaces proceeding \3\ and the
Incentive Auctions proceeding proposing auction of spectrum currently
allocated to television broadcasting.
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\1\ See Revisions to Rules Authorizing the Operation of Low
Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-
166, Public Interest Spectrum Coalition, Petition for Rulemaking
Regarding Low Power Auxiliary Stations, Including Wireless
Microphones, and the Digital Television Transition, WT Docket No.
08-167, Amendment of Parts 15, 74 and 90 of the Commission's Rules
Regarding Low Power Auxiliary Stations, Including Wireless
Microphones, ET Docket No. 10-24, Report and Order and Further
Notice of Proposed Rulemaking, 75 FR 3622, 75 FR 3682, 25 FCC Rcd
643 (2010) (Wireless Microphones Order and Wireless Microphones
Further Notice of Proposed Rulemaking, respectively).
\2\ In the Incentive Auctions NPRM adopted on September 28,
2012, the Commission noted that it would be issuing this public
notice to refresh the record on expanding eligibility for licensed
operations to specified classes of users, and on improved efficiency
standards. See Expanding the Economic and Innovation Opportunities
of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Notice
of Proposed Rulemaking, FCC 12-118, para. 224 n. 354 (adopted Sept.
28, 2012) (Incentive Auctions NPRM).
\3\ Unlicensed Operation in the TV Broadcast Bands, ET Docket
No. 04-186, Additional Spectrum for Unlicensed Devices Below 900 MHz
and in the 3 GHz Band, ET Docket No. 02-380, Second Memorandum
Opinion and Order, 75 FR 75814, 25 FCC Rcd 18661 (2010) (TV White
Spaces Second MO&O). See also Unlicensed Operation in the TV
Broadcast Bands, ET Docket No. 04-186, Third Memorandum Opinion and
Order, 77 FR 29236, 27 FCC Rcd 3692 (2012).
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Background
In the Wireless Microphones Further Notice adopted in January 2010,
the Commission sought comment on the use of wireless microphones and
other low power auxiliary stations on an unlicensed basis in the
current TV bands (Channels 2-51, excluding Channel 37). Noting that the
Commission currently permits such operations pursuant to the waiver
granted in the Wireless Microphones Order, the Commission specifically
proposed that wireless microphones that operate on an unlicensed basis
pursuant to that waiver be permitted to operate in the TV bands
pursuant to part 15 and certain specified technical rules. In addition,
the Commission sought comment on whether it should revise the part 74
low power auxiliary station (LPAS) rules to provide for a limited
expansion of the categories of entities that would be eligible for
licensed use of wireless microphones and other related LPAS. The
Commission also sought comment on possible long-term reform, based in
part on technological innovations that would enable wireless
microphones to operate more efficiently and with improved immunity to
harmful interference, thereby increasing the spectrum available for
wireless microphones and other uses.
Subsequently, in the TV White Spaces Second MO&O adopted in
September 2010, the Commission took additional steps to make unused
spectrum in the TV bands available for use by unlicensed TV band
devices (referenced herein as ``white space devices'') and addressed
the operations of both licensed and unlicensed wireless microphones
with respect to unlicensed white space devices. The Commission
generally excluded white space devices from two of the unused channels
in the UHF TV band near Channel 37 so that if these channels were
available they could be used for wireless microphones. In addition, the
Commission provided that LPAS licensees could register their wireless
microphones (and related low power auxiliary station operations) in the
TV bands databases so that they may be protected from interference from
unlicensed white space devices on available channels at specified
times. The Commission, subject to its approval, also permitted certain
unlicensed microphone users (e.g., those operating at major events
where wireless microphone operations cannot be accommodated on channels
not available for white space devices) to register their wireless
microphone operations in the TV bands databases. More recently, in the
Incentive Auctions NPRM adopted on September 28, 2012, the Commission
proposed to repack television stations. Noting that this action may
reduce the spectrum available in the TV bands for secondary use by
licensed and unlicensed wireless microphones as well as for unlicensed
white space devices, the Commission sought comment on various proposals
that would affect each of these operations. Specifically, the
Commission sought comment on what additional steps it could take to
promote more efficient and effective operation of wireless microphones
in the spectrum that remained for TV broadcast.
Updating and Refreshing the Record
Considering the time that has passed since the Commission issued
the Wireless Microphones Further Notice, and in light of the TV White
Spaces Second MO&O and the recently issued Incentive Auctions NPRM, the
Commission asks that interested parties refresh and update the record
on the following issues.
Expansion of Part 74 eligibility. In the Wireless Microphones
Further Notice, the Commission sought comment on whether to revise its
rules to provide for a ``limited'' expansion of eligibility under part
74, subpart H of the rules to provide additional categories of users
eligible for licensed use of wireless microphones or other low power
auxiliary stations. In the Wireless Microphones Further Notice, the
Commission noted that wireless microphones and other low power
auxiliary station devices had been recognized as necessary and
beneficial to broadcast productions, and had expanded the list of
entities eligible for a part 74 license over time to include motion
picture and television producers and certain cable television
operators, reasoning that these entities had requirements similar to
those of broadcast licensees. The Commission asked extensive questions
about whether to authorize licensed wireless microphone use at certain
large theaters, entertainment complexes, sporting arenas, and religious
facilities, because these venues might need the assurance of
interference protections afforded part 74 LPAS licensees. The
Commission underscored the need to balance the needs of potential new
classes of wireless microphone licensees with those of other users in
the TV bands and expressed particular concern that any ``broad
expansion'' of eligibility could undercut that balance by significantly
reducing the amount of spectrum available for other uses, such as by
white space devices. The Commission also indicated that it would take
into consideration whether it would be practical for any new licensees
to comply with the requirement that part 74 licensees coordinate
frequencies and provide up-to-date information on venues and times of
operations to the TV bands database system on an ongoing basis so that
they do not otherwise block use to others at times when there is no
need.
In the subsequently released TV White Spaces Second MO&O, the
Commission determined that only a small subset of unlicensed wireless
microphone users would qualify for registration in the TV bands
database system. Specifically, the Commission stated that ``[a]s a
general matter, we * * * find that it would be inappropriate to protect
unlicensed wireless microphones against harmful interference from other
unlicensed devices, and in particular TV bands devices'' and observed
that the ``overwhelming majority'' of wireless microphone use does not
merit registration in the TV bands database. The Commission noted that
in the vast majority of markets, or to the extent that the number of
wireless microphones needed is relatively low, the operator of
unlicensed microphones can avoid receiving harmful interference from TV
white space devices by using the two reserved channels as well as the
other channels in each market where white space devices are not allowed
to operate. The Commission nonetheless provided that ``[e]ntities
operating or otherwise responsible for the audio systems at major
events where large numbers of wireless microphones will be used and
cannot be accommodated in the available channels at that location may
request registration of the site in the TV bands databases.'' The
Commission further indicated that ``major sporting contests'' and
``live theatrical productions/shows'' are examples of major events that
might qualify for registration. Such entities may request Commission
approval so
[[Page 64448]]
that they can register unlicensed microphones at particular venues and
specified times in the TV bands database system and obtain the same
protection from interference from unlicensed white space devices
afforded licensed wireless microphone operations.\4\
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\4\ 47 CFR 15.713(h)(9). We note also that OET and WTB have
announced the initial launch of the unlicensed wireless microphone
registration system, and have provided guidance on aspects of the
registration process. See Office of Engineering and Technology and
Wireless Telecommunications Bureau Announce the Initial Launch of
Unlicensed Wireless Microphone Registration System, Registration
Open in East Coast Region: New York, New Jersey, Pennsylvania,
Delaware, Maryland, Washington, DC, Virginia, and North Carolina, ET
Docket No. 04-186, Public Notice, DA 12-1514 (OET/WTB, released
Sept. 19, 2012) (Public Notice on Registration of Unlicensed
Wireless Microphones).
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The Commission requests that interested parties update and refresh
the record on whether the Commission should expand license eligibility
under part 74, subpart H for certain operators of unlicensed wireless
microphones or other low power auxiliary devices at specified venues.
The Commission asks that commenters advocating an expansion of the
eligibility requirements for part 74 LPAS licensing be as specific as
possible. To the extent that the Commission chooses to expand license
eligibility only for certain users that have wireless microphone
requirements substantially similar to those of broadcasters, precisely
which class(es) of users and uses would fall into this category? More
specifically, which type(s) or class(es) of entities and which type(s)
of venues or events--whether by type of event, level of quality of
service necessary for the event (e.g., ``professional quality''),
number of microphones needed, number of seats in auditorium, or some
other qualification or measure--should become eligible to hold a
license. Should, for example, the Commission expand license eligibility
for some or all of the users or entities that are permitted to register
venues for unlicensed wireless microphone use in the TV bands database
system? Examples might include entities responsible for major
production events that take place at such venues as Madison Square
Garden or Broadway theaters in New York City, the Kennedy Center in
Washington, DC, and the Grand Ole Opry in Nashville. Consistent with
this approach, what other concrete examples would qualify? If the
Commission were to expand part 74 license eligibility for all of these
entities operating at such venues, how, precisely, would the Commission
define or classify such class(es) of entities in its eligibility rules?
Should the Commission establish more specific criteria for
eligibility for a low power auxiliary station license at a specified
venue? For instance, the Commission could require that an entity
applying for a license establish each of the following--(1) that the
specified venue periodically hosts events that require the same level
of ``professional'' high production-quality audio as the type needed
for broadcast productions; (2) that these events involve a live
production, with an audience in attendance, or a rehearsal for such
events; and (3) that the venue size meets specified criteria depending
on the type of venue or event (e.g., for theaters used for professional
productions or house of worship venues, a minimum of 1,000 fixed seats;
for auditoriums or convention centers, a space capacity-rated for 3,000
people; for sports venues, a minimum of 10,000 seats for indoors, and
25,000 seats for outdoors)? The Commission asks for comment on this or
similar approaches. If the Commission were to take this type of
approach, how would it determine which entities meet the first
criterion regarding a need for ``professional'' quality production? To
the extent the venue uses a professional production company or
professional frequency coordinator, would this be sufficient to
establish that the venue merits licensing? To what extent should the
Commission consider the need to operate at part 74 technical parameters
(e.g., higher power)? As for the third element, the Commission asks
that commenters be specific when discussing which categories of venue
(e.g., stadium or amphitheater) or capacity measurements (e.g., number
of seats) would be appropriate. To what extent should the Commission
also require that an entity show that it would have need for a
specified minimum number of microphones (e.g., 100 or more) at a venue?
The Commission seeks comment on these various proposals.
The Commission also seeks comment on which type(s) of entities
would hold the license for operations at a specified venue. Should the
Commission only license specific venues? Under such an approach, a
venue (or a responsible party for the venue) would be licensed, the
venue could be registered in the TV bands database system, and the
venue operator, or professional audio companies that act as agents
under a venue's license when carrying out their engineering
responsibilities, could then work directly with the TV database
administrators to register the needed wireless microphone channels for
particular events and times. Alternatively, might the Commission
license professional production companies for operations at specified
venues? The Commission seeks comment on these or other approaches.
Expanding eligibility for operations at nuclear facilities. In the
Wireless Microphones Further Notice, the Commission also sought comment
on possible expansion of license eligibility for the special case
involving the use of low power auxiliary station operations at nuclear
power plant facilities. Specifically, it sought comment on the
possibility of expanding eligibility to allow nuclear power plant
operators to obtain licenses under part 90 to operate certain low power
auxiliary station equipment, certificated for use under subpart H of
part 74 of the rules, inside nuclear facilities. The Commission takes
this opportunity to allow commenters to refresh the record on expanding
eligibility to include such applications for these operators. For
example, commenters may wish to address whether any additional means of
meeting the operational communications needs of nuclear facilities have
become available. If the Commission were to expand eligibility for part
74 licensing to nuclear power plant owners and operators, should it
restrict operation of the equipment to indoor use or should use be
permitted anywhere within the plant's security perimeter? If outdoor
use is permitted, should it be limited to particular plant operations
such as fuel handling?
More efficient wireless microphones through technological
advancements. As discussed above, in the Wireless Microphones Further
Notice, the Commission expressed its intent to develop longer-term
solutions that would help ensure that wireless microphones operate more
efficiently and effectively on spectrum available for their use, and
sought comment on potential technological innovations that would
promote more efficient wireless microphone operations and thereby
increase the availability of spectrum for wireless microphone and other
uses. In the TV White Spaces Second MO&O, the Commission observed that
wireless microphones generally have operated inefficiently, and noted
that while wireless microphone users may believe they need access to
more spectrum, any such needs ``must be accommodated through
improvements in spectrum efficiency.'' In the Incentive Auctions NPRM,
the Commission again noted the importance of more efficient wireless
microphone operations, and sought comment on steps it should take to
ensure that any broadcast spectrum
[[Page 64449]]
available after repacking is used efficiently and effectively by
wireless microphones. The Commission seeks to refresh and update the
record on potential longer term solutions to the operation of wireless
microphones.
As the Commission observed in the Wireless Microphones Further
Notice, the majority of wireless microphones that currently operate in
the UHF TV bands are frequency modulated analog devices that operate
with a bandwidth of up to 200 kHz. Because of a number of factors,
including the need to avoid intermodulation interference among the
devices, the maximum number of wireless microphones that these analog
devices can operate simultaneously in a 6 megahertz TV channel may be
as few as six or eight. Accordingly, with the use of these analog
wireless microphones, only between 1.2 and 1.6 megahertz of the 6
megahertz TV channel may be used while the remainder is effectively
left fallow. This constitutes very inefficient use of valuable
spectrum. As the Commission noted, most other radio communications
services have shifted from analog to digital technology to improve
spectrum efficiency and resistance to interference.
The Commission asks that commenters update the record on advances
in the wireless microphone technologies that are enabling more
efficient use of spectrum. In particular, the Commission asks that
commenters provide detailed information on the use of more efficient
advanced digital technologies. The Commission notes that Shure recently
introduced digital wireless microphones that operate in the UHF band
that can support up to 14-15 systems on a single 6 megahertz TV
channel. Sennheiser has similarly announced its new digital microphone
for the UHF band, which uses technology that allows operation of up to
12 wireless microphones on a six megahertz channel. The Commission
seeks comment on the state of development of digital technologies from
these and other wireless microphone manufacturers, and further
development that is anticipated over the next few years. The Commission
asks that commenters present information on the production values,
interference implications, and performance impact of these new
microphones. What bandwidth efficiencies are achievable while still
maintaining adequate performance for the specific use? What are the
interference implications, particularly as they relate to
intermodulation interference on packing more microphones into less
bandwidth? Are there filters available to mitigate these effects? How
does the fidelity and latency of these new microphones compare to
existing equipment and are they adequate for professional musical and
theatrical performances?
What steps should the Commission take to require or encourage
further development of digital wireless microphones? For example, to
accommodate more efficient use, should the Commission implement a
requirement to reduce the bandwidth below 200 kHz over an appropriate
period of time, and if so what timeframe would make sense from an
equipment development and user transition point of view? The Commission
notes that the Commission has adopted requirements to promote spectrum-
efficient technology for other operations, and the Commission asks that
in updating the record in this proceeding commenters address whether
the Commission should adopt efficiency standards for wireless
microphones to encourage spectral efficiency. If so, how should the
Commission establish those standards, and what timeframes would be
appropriate to transition to any such standards? The Commission also
seeks comment on whether and how the Commission should facilitate a
transition to digital wireless microphones.
Other issues. The Wireless Microphones Further Notice raised
several other issues (e.g., authorizing unlicensed wireless microphone
operations in the TV bands pursuant to particular rules, or taking
steps additional to authorize wireless microphone operations outside of
the TV band under other rules). To the extent necessary or appropriate,
commenters should feel free to refresh or update the record on other
issues raised in the Wireless Microphones Further Notice that have been
affected by more recent developments or by the two related proceedings
if this would help ensure that the Commission can fully address the
issues raised in the Wireless Microphones Further Notice.
Procedural Matters
This proceeding has been designated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b). In proceedings governed by
Sec. 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the
[[Page 64450]]
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
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).
Federal Communications Commission.
Ruth Milkman,
Chief, Wireless Telecommunications Bureau.
Julius Knapp,
Chief, Office of Engineering and Technology.
[FR Doc. 2012-25825 Filed 10-19-12; 8:45 am]
BILLING CODE 6712-01-P