[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Rules and Regulations]
[Pages 71702-71731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28778]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 74, 87, and 90

[GN Docket Nos. 14-166 and 12-268; FCC 15-100]


Promoting Spectrum Access for Wireless Microphone Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission takes several steps to 
accommodate the long-term needs of wireless microphone users. Wireless 
microphones play an important role in enabling broadcasters and other 
video programming networks to serve consumers, including as they cover 
breaking news and live sports events. They enhance event productions in 
a variety of settings--including theaters and music venues, film 
studios, conventions, corporate events, houses of worship, and internet 
webcasts. They also help create high quality content that consumers 
demand and value. In particular, the Commission provides additional 
opportunities for wireless microphone operations in the TV bands 
following the upcoming incentive auction, and provides new 
opportunities for wireless microphone operations to access spectrum in 
other frequency bands where they can share use of the bands without 
harming existing users.

DATES: Effective December 17, 2015, except for the amendments to 
Sec. Sec.  15.37(k) and 74.851(l), which contain new or modified 
information collection requirements that require approval by the OMB 
under the Paperwork Reduction Act (PRA). The Commission will publish a 
document in the Federal Register announcing the effective date of the 
amendments when OMB approves. The incorporation by reference listed in 
the rule is 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, email: [email protected], TTY (202) 418-
2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), FCC 15-100, adopted August 5, 2015, and released 
August 11, 2015. 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: www.fcc.gov. 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).

Summary of Report and Order

    1. The repurposing of broadcast television band spectrum for 
wireless services set forth in the Incentive Auction R&O, 79 FR 48441, 
August 15, 2014, will significantly alter the regulatory environment in 
which wireless microphones operate. Currently, wireless microphone 
users rely heavily on access to unused channels in the television 
bands. Following the incentive auction, with the repacking of the 
television band and the repurposing of current television spectrum for 
wireless services, there will be fewer frequencies in the UHF band 
available for use for wireless microphone operations. The Commission 
took several steps in the Incentive Auction R&O to accommodate wireless 
microphone operations--including providing more opportunities to access 
spectrum on the channels that will remain allocated for television 
post-auction and making the 600 MHz Band guard bands available for 
wireless microphone operations--while also recognizing that the 
reduction of total available UHF band spectrum will require many 
wireless microphone users to make adjustments over the next few years 
regarding the spectrum that they access and the equipment they use. To 
facilitate wireless microphone users' ability to make these 
adjustments, the Commission provided that users could

[[Page 71703]]

continue to access spectrum repurposed for wireless services during the 
post-auction transition period, under specified conditions, as they 
transition affected services to alternative spectrum.
    2. This proceeding was initiated to explore steps to address 
wireless microphone users' longer term needs. The actions the 
Commission is taking in this R&O make additional spectrum resources 
available to accommodate wireless microphones users' needs over the 
long term. The Commission's goal is to enable the development of a 
suite of devices that operate in different bands and can meet wireless 
microphone users' various needs while efficiently sharing the spectrum 
with other users.

I. Background

    3. In this proceeding the Commission uses the term ``wireless 
microphones'' to reference wireless microphones and other related 
wireless audio devices. The Commission has authorized wireless 
microphone operations in different spectrum bands to accommodate the 
growing use of these devices by different users. The technical and 
operational rules for wireless microphone operations in these different 
bands have varied, depending on the band, and generally are designed to 
enable wireless microphone users to operate in shared bands along with 
other users.

A. Wireless Microphone Operations

    4. Under current rules, the Commission has authorized wireless 
microphones to operate both on a licensed basis, limited to specified 
users, and on an unlicensed basis. The table below sets forth the bands 
in which wireless microphones and related audio devices generally 
operate today pursuant to the Commission's rules.

----------------------------------------------------------------------------------------------------------------
            Frequency band                 Licensed/unlicensed                       Rule part
----------------------------------------------------------------------------------------------------------------
26.1-26.48 MHz (VHF)..................  Licensed.................  Part 74.
161.625-161.775 MHz (VHF).............  Licensed.................  Part 74.
Portions of 169-172 MHz band (VHF)....  Licensed.................  Part 90.
88-108 MHz (FM).......................  Unlicensed...............  Part 15.
450-451, 455-456 MHz (UHF)............  Licensed.................  Part 74.
54-72, 76-88, 174-216, 470-608, 614-    Licensed and unlicensed..  Part 74 and Part 15 (waiver).
 698 MHz (VHF and UHF).
944-952 MHz (UHF).....................  Licensed.................  Part 74.
902-928 MHz, 2.4 GHz, 5 GHz (ISM        Unlicensed...............  Part 15.
 bands).
1920-1930 MHz (unlicensed PCS)........  Unlicensed...............  Part 15.
Ultra-wideband (3.1-10.6 GHz).........  Unlicensed...............  Part 15.
----------------------------------------------------------------------------------------------------------------

    5. Recent actions affecting operations in the TV bands. Most 
wireless microphones users today operate their devices on a secondary 
basis in the TV bands, with most operations occurring in the UHF TV 
bands. Recent actions taken by the Commission in three proceedings 
affecting the TV bands spectrum--which have involved the repurposing of 
UHF TV band spectrum for wireless services in the 700 MHz band 
(channels 52-69, the 698-806 MHz band), the development of rules for TV 
white space devices in the TV bands, and the repurposing of the 600 MHz 
Band following the upcoming incentive auction--have affected and will 
affect the future availability of spectrum for wireless microphone 
users and uses in these bands. These proceedings inform the instant 
proceeding, providing the backdrop for many of the issues the 
Commission is addressing in its efforts here to accommodate wireless 
microphone users and uses both in the near and longer term.
    6. In the Incentive Auction R&O (GN Docket No. 12-268) adopted in 
May 2014, the Commission adopted rules to implement the broadcast 
television spectrum incentive auction, which will involve reorganizing 
the existing television band and repurposing a portion of the UHF 
television band for new wireless broadband services, and which will 
affect wireless microphone operations across the current TV bands. As 
part of its decision, the Commission took several actions to 
accommodate wireless microphone operations, including making rule 
revisions to provide additional opportunities for wireless microphone 
operations in the bands that will remain allocated for television 
following the incentive auction, permitting wireless microphone 
operations in the newly-designated 600 MHz Band guard bands, and 
providing for a transition period to give wireless microphone users 
that will need to cease operating in the spectrum repurposed for 600 
MHz Band wireless services sufficient time to replace their equipment 
and move operations to other spectrum bands available for wireless 
microphone uses.
    7. Finally, concurrent with adoption of the Incentive Auction R&O, 
the Commission adopted the TV Bands Wireless Microphones Second R&O, 79 
FR 40680, July 14, 2014, (part of WT Dockets 08-166 and 08-167, ET 
Docket No. 10-24) to broaden the eligibility for wireless microphone 
operations in the TV bands to include entities that regularly utilize a 
substantial number of wireless microphones for large events and 
productions and which have the same needs for interference protection 
as existing low power auxiliary station (LPAS) licensees. Specifically, 
the Commission expanded part 74 LPAS eligibility to include qualifying 
professional sound companies and operators of large venues that 
routinely use 50 or more wireless microphones.

B. Wireless Microphones NPRM

    8. In the Notice of Proposed Rulemaking (NPRM), 79 FR 69387, 
November 21, 2014 in this proceeding, the Commission examined wireless 
microphone users' needs and technologies that can address them, and 
sought broad comment on a variety of existing and new spectrum bands 
that might accommodate those needs in the future. It presented an 
overview of current wireless microphone operations, and observed that 
most wireless microphone operations today occurred in the TV bands. It 
also generally discussed wireless microphone operations in other bands, 
both on a licensed and an unlicensed basis. It discussed the many 
different types of users and uses (e.g., broadcasters, major sports 
leagues and theater/entertainment venues, houses of worship, conference 
centers, corporations, schools, etc.), different types of wireless 
microphones serving specific needs and applications (from extremely 
sophisticated, high fidelity microphones used in a professional 
setting, to microphones that do not require the same level of audio 
quality or performance to meet particular needs), and varying 
operational environments (both outdoor and indoor). It also noted that 
there had been many technological advances in

[[Page 71704]]

recent years, and that many operations were being migrated to bands 
outside of the TV bands, including in bands available for unlicensed 
operations. Given that wireless microphones serve the needs of diverse 
users for different types of applications, and make use of several 
different frequency bands, it sought to develop a full record and 
framework for how best to accommodate these needs in the near and over 
the long term. In response to the NPRM, the Commission received nearly 
90 comments and 17 reply comments.

II. Discussion

    9. In this Order, the Commission takes several actions to 
accommodate wireless microphone users' needs in the coming years. Many 
types of users employ wireless microphones in a variety of settings. 
Wireless microphone operations range from professional uses, with the 
need for numerous high-performance microphones along with other 
microphones, to an individual consumer's use of a handheld microphone 
at a conference or in a karaoke bar. Through these actions, the 
Commission seeks to enable wireless microphone users to have access to 
a suite of devices that operate effectively and efficiently in 
different spectrum bands and can address their respective needs.
    10. As discussed below, the Commission adopts several changes in 
its rules for operations in the TV bands, where most wireless 
microphone operations occur today. With respect to the TV bands, the 
Commission revises its rules to provide more opportunities to access 
spectrum by allowing greater use of the VHF channels and more co-
channel operations without the need for coordination where use would 
not cause harmful interference to TV service. It also expands 
eligibility for the licensed use of the duplex gap to all entities now 
eligible to hold LPAS licenses for using TV band spectrum. The 
Commission also will require new wireless microphones operating in the 
TV bands and certain other bands to meet the more efficient analog and 
digital European Telecommunications Standards Institute (ETSI) 
standards, which will ensure more efficient use of the spectrum. In 
addition, the Commission addresses consumer education and outreach 
efforts that can help consumers transition out of the TV band spectrum 
that is repurposed for wireless services, and equipment certification 
procedures that will apply to wireless microphones in the future. The 
Commission also takes several additional actions with respect to other 
spectrum bands currently available for wireless microphone operations 
to enable greater use of these bands to accommodate wireless microphone 
uses in the future. Specifically, it adopts revisions to provide new 
opportunities for such use in the 169-172 MHz band and the 944-952 MHz 
band. Finally, the Commission opens up portions of three other sets of 
spectrum bands--the 941-944 MHz and 952-960 MHz bands (on each side of 
the 944-952 MHz band), the 1435-1525 MHz band, and the 6875-7125 MHz 
band--for sharing with licensed wireless microphone operations under 
specified conditions.

A. Promoting Technological Advances

    11. In the NPRM, the Commission inquired about advances in the 
state of analog and digital wireless microphone technologies and the 
extent to which these technologies could be made more efficient for 
different types of operations, thereby increasing the number of 
microphones that could access a given amount of spectrum. In 
particular, the Commission asked whether it should adopt more 
spectrally efficient analog and digital emission masks for operations 
in certain bands. It also sought comment on other technological 
advances that could promote more opportunities for accommodating 
wireless microphone operations in different bands over the long term--
including development of equipment with replaceable components, 
expanding the tunability of equipment within bands, the development of 
multi-band equipment, the use of databases, or the use of electronic 
keys or similar mechanisms.
    12. Wireless microphone manufacturers assert that significant steps 
have already been taken to make for more efficient use of available 
spectrum, including the increasing use of newer digital technologies 
that can greatly expand the number of microphones on a TV channel for 
many types of applications that do not require the highest sound 
fidelity. Several also state that more devices are increasingly being 
designed for operations in bands outside of the TV bands, including in 
bands permitting unlicensed operations, and that these new devices can 
efficiently and effectively accommodate many wireless microphone users' 
needs. Wireless microphone manufacturers generally asserted that 
adopting rules that require specific features (e.g., modular 
components, use of multi-band equipment, requirement for database 
connectivity, or use of electronic keys) are unnecessary and could 
impair design features and add costs and complexities.
    13. While many wireless microphone manufacturers explain that they 
are already committed to harnessing technological advances in this 
area, the Commission reiterates the importance of improved spectral 
efficiency, spectrum sharing, and flexibility. It expects wireless 
microphone manufacturers to continue to take advantage of technological 
advances to promote more efficient use of spectrum available for 
wireless microphone operations. To further promote efficient use, the 
Commission also is taking the step of adopting the more efficient ETSI 
standards for wireless microphones in several bands, as discussed 
below. The Commission also anticipates that future technological 
advances will enable wireless microphones to more effectively share the 
available spectrum resource, and require use of certain technological 
advances to protect incumbent operation when authorizing wireless 
microphone users to access the 1435-1525 MHz band spectrum in the 
future.

B. Operations in Specific Bands

    14. In the sections below, the Commission addresses the actions 
that it is taking in this R&O with respect to wireless microphone 
operations in different spectrum bands. The Commission discusses each 
of the bands on which it sought comment in the NPRM, and its decisions 
regarding these bands and any revisions that it is adopting.
1. VHF/UHF Television Bands
a. Background
    15. The Commission's current part 74, subpart H rules authorize 
operations of wireless microphones and other LPAS on a licensed basis 
in the bands allocated for TV broadcasting (Channels 2-51, except 
channel 37). These LPAS devices are intended to transmit over distances 
of approximately 100 meters. In addition to wireless microphones, these 
LPAS devices include such uses as cue and control communications and 
synchronization of TV camera signals. The Commission's rules permit 
licensed LPAS operations on a secondary, non-exclusive basis. Entities 
eligible to hold these LPAS licenses include broadcasters, television 
producers, cable producers, motion picture producers, and qualifying 
professional sound companies and operators of large venues. Since 2010, 
the Commission also has permitted unlicensed operations of wireless 
microphones in the core television bands (channels 2-51, except channel 
37) pursuant to a limited waiver and certain part 15 rules

[[Page 71705]]

until such time as final rules for unlicensed operations under part 15 
are adopted.
    16. Under the part 74 LPAS rules, licensed wireless microphones are 
permitted to operate with a maximum bandwidth of 200 kHz (made up of 
one or more 25 kHz segments). In the VHF band (channels 2-13, which 
include the 54-72 MHz, 76-88 MHz, and 174-216 MHz frequencies) power 
levels are limited to 50 mW, whereas in the UHF band (channels 14-51, 
except channel 37, which include the 470-608 MHz and 614-698 MHz 
frequencies), power levels can range up to 250 mW. The power levels for 
unlicensed wireless microphone operations pursuant to waiver, however, 
are limited to no more than 50 mW throughout the TV bands (both VHF and 
UHF). Licensed and unlicensed wireless microphones may operate co-
channel with television stations at locations that are separated from 
television stations by at least 4 kilometers from their protected 
contours. In addition, licensed LPAS users may operate on a co-channel 
basis even closer to television stations provided that such operations 
have been coordinated with affected broadcasters.
    17. The particular television channels available for wireless 
microphone operations will vary depending on the specific location. In 
many instances these channels also are available for use by unlicensed 
white space devices. The Commission currently designates the two unused 
television channels (where available) nearest channel 37 (above and 
below) for wireless microphone uses, prohibiting white space devices on 
those channels. As discussed in the Incentive Auction R&O, following 
the incentive auction, these two channels will no longer be designated 
exclusively for wireless microphones following the repacking of the TV 
bands. On channels where both wireless microphones and white space 
devices may operate, licensed LPAS operators--including the newly 
eligible professional sound companies and venue licensees--will be able 
to register to obtain protection from interference from white space 
devices by reserving channel(s), on an as-needed basis, at specified 
locations and times of operation in the broadcast TV bands databases. 
In addition, under existing rules certain qualifying unlicensed 
wireless microphone operators can obtain interference protection from 
unlicensed white space devices at specified times by registering with 
the Commission, enabling them to have their operations included within 
the broadcast TV bands databases. The Commission also indicated that it 
would be taking steps in the Part 15 proceeding to make improvements to 
the registration system in the TV bands databases to enable more timely 
and effective reservation of channels that would be protected from 
unlicensed white space device operations.
    18. As set forth in the Incentive Auction R&O, the current VHF/UHF 
television bands (channels 2-51, except channel 37) will be reorganized 
following the upcoming incentive auction. As a result of this auction, 
the amount of spectrum allocated for television services will be 
reduced and repacked, some of the current TV bands spectrum will be 
designated for 600 MHz Band guard bands (including the duplex gap), and 
other TV bands spectrum will be repurposed for 600 MHz Band wireless 
services. As discussed below, these revisions will affect wireless 
microphone operations, which currently operate throughout in existing 
TV bands, in several ways. In the NPRM, the Commission sought comment 
on wireless microphone operations with respect to each of these bands--
the TV bands, the 600 MHz Band guard bands, and the 600 MHz Band being 
repurposed for wireless services.
b. Discussion
    19. In this section, the Commission sets forth part 74 rule 
revisions to accommodate licensed wireless microphone (and other LPAS) 
operations in the VHF and UHF spectrum in the repacked TV bands that 
will continue to be available for TV broadcast services following the 
incentive auction. The Commission is not addressing in this proceeding 
certain issues relating to wireless microphone operations in the TV 
bands and in the repurposed 600 MHz Band since these matters are being 
addressed instead in the part 15 proceeding. In particular, it does not 
here address the rules for unlicensed wireless microphone operations in 
the TV bands and the repurposed 600 MHz Band, which are addressed as 
part of the Part 15 Report and Order (FCC 15-99, ET Docket No. 14-165, 
adopted August 6, 2015 and released August 11, 2015). Similarly, it 
does not address in this proceeding the technical rules for operations 
of unlicensed wireless microphones in the guard bands, including the 
duplex gap. Nor does it address here the technical rules for licensed 
wireless microphone operations in the duplex gap, since the technical 
issues relating to their operations are intertwined with the technical 
issues concerning unlicensed operations in the duplex gap and 
protection of licensed operations outside of the duplex gap. Finally, 
the Commission addresses revisions pertaining to the white spaces 
databases in the Part 15 Report and Order.
(i) TV Bands
(a) VHF Band Revisions
    20. Under the existing technical rules for LPAS operations under 
part 74, licensed wireless microphone users that operate on a secondary 
basis in the VHF band (channels 2-13) operate generally under the same 
technical rules as for operations in the UHF bands. However, with 
respect to power levels, VHF band operations are restricted to no more 
than 50 mW, well below the 250 mW levels permitted for operations in 
the UHF bands.
    21. In the NPRM, the Commission sought comment on the potential for 
expanding use of VHF television channel spectrum for wireless 
microphone operations. In particular, it asked whether it should revise 
the power limits for LPAS operations in the VHF band to conform to 
those applicable for LPAS devices in the UHF television band. The 
Commission asked whether allowing higher power limits would raise 
concerns regarding potential interference to TV stations operating in 
the VHF bands or the wireless video assist devices that operate in the 
upper VHF band. It also sought comment on the minimum co-channel 
separation distance, and whether that distance would need to be 
increased. In addition, it invited comment on other rule revisions that 
would facilitate more use of this spectrum.
    22. The Commission is revising its rules to provide more 
opportunities for licensed wireless microphone use of these VHF 
channels. While the Commission is not permitting power levels of up to 
250 mW conducted power, it is revising the rules that currently measure 
the 50 mW limit in terms of conducted power, to specify the 50 mW limit 
in terms of effective or equivalent isotropically radiated power 
(EIRP), as suggested by Shure in its comments. Several reasons inform 
this approach. As noted by Shure, specifying the power levels in terms 
of EIRP instead of conducted power will be particularly beneficial to 
wireless microphone users in the VHF band, where the efficiency of 
antennas is lower due to the longer radio wavelengths. This approach 
will allow manufacturers to adjust the conducted power output of a 
device to compensate for low antenna efficiency, thus helping address 
wireless microphone operators' interest in making greater use of this

[[Page 71706]]

spectrum without the need for a larger antenna. By revising the rules 
to specify the current 50 mW power limits in terms of EIRP, the 
Commission addresses the Consumer Electronic Association's concerns 
that wireless microphone operations do not increase the potential for 
interference to TV broadcasts. This revision represents a balance in 
addressing the concerns raised, and will increase the performance and 
usability of wireless microphones operating on this VHF spectrum 
without significantly increasing the risk of interference to TV. 
Specifying the power limit in terms of EIRP also ensures uniformity in 
the maximum radiated power for wireless microphone operations (licensed 
and unlicensed) in the VHF band. The change the Commission is making 
does not necessitate any increase in the four kilometer separation 
distance between wireless microphones and co-channel TV contours since 
the Commission is not allowing any higher EIRP than it assumed in 
establishing this distance. The Commission will accept applications to 
certify LPAS devices under this rule as soon as that rule becomes 
effective, and it will require applications to certify under this 
revised rule nine months following release of the Commission's 
(Forthcoming Channel Reassignment PN) to conform the date with related 
certification requirements the Commission is adopting.
(b) Licensed Co-Channel Operations Closer Than Specified Separation 
Distances
    23. In the Incentive Auction R&O, the Commission permitted licensed 
wireless microphone users to operate closer to television stations than 
permitted under the revised separation distances (i.e., no closer than 
4 kilometers from the outside of the digital television contours) 
provided that they coordinated their operations with affected 
broadcasters. The Commission noted, however, that several commenters 
had proposed to permit wireless microphone operations on a co-channel 
basis without requiring coordination, such as in locations where the TV 
signal falls below specified threshold, where the microphones are 
shielded from the TV signals due to building attenuation, or where no 
over-the-air television receivers are in operation.
    24. In the NPRM, the Commission sought to develop a more extensive 
record on whether to permit licensed wireless microphone operations on 
a co-channel basis closer than the generally applicable separation 
distances set forth in its rules, without the need for coordination, 
noting its goal to provide more opportunities for licensed wireless 
microphone operations in the spectrum that will continue to be 
allocated for television services to the extent such operations would 
not cause harmful interference to TV operations. In particular, the 
Commission proposed to allow LPAS licensees to operate co-channel with 
television closer to the television station than provided by the 
separation distance rules in locations in which the co-channel TV 
signal is below a specified threshold. It sought comment on the 
suitable TV signal threshold, and whether other safeguards would ensure 
that licensed wireless microphone operators do not otherwise cause 
harmful interference to TV reception. It limited this proposal to 
licensed wireless microphone users, whom the Commission would expect to 
have the requisite wireless microphone systems, as well as technical 
and operational abilities, to be able to determine the level of the co-
channel TV signals at a given location, and thus would be able to 
comply with such a threshold. The Commission also asked whether it 
should require licensed wireless microphone users to register their co-
channel operations in the TV bands databases to provide information to 
any television licensee concerned about possible harmful interference. 
As an alternative, it sought comment on whether to permit co-channel 
licensed wireless microphone operations in indoor venues, such as in 
theaters or music auditoriums. It also invited comment on other 
approaches.
    25. The Commission will permit closer co-channel operations by 
licensed wireless microphone operators on any TV channel where the TV 
signal falls below a threshold of -84 dBm over the entire TV channel, 
provided certain conditions are met. Such operations will be limited to 
systems operating at an indoor location, and not in an itinerant 
fashion where the signal threshold could be ever-changing, and the 
location is not being used for over-the-air television viewing. The 
Commission also requires that the licensed operators have the requisite 
wireless microphone systems for determining the threshold at the 
location, as well as the professional qualifications for evaluating the 
signals, and that the signals be measured where the wireless 
microphones would be operated at the location, and must be scanned 
across the full six-megahertz TV channel; to the extent directional 
antennas are employed, they must be rotated to the place of the maximum 
signal at the location. The Commission believes this approach for 
licensed wireless microphone operations is reasonable for several 
reasons. As Sennheiser points out in its comments, the signals would 
exceed the threshold of visibility under the Advanced Television 
Systems Committee guidelines. The location of operations is indoors and 
contained, and wireless microphone signals do not generally transmit 
beyond very limited distances (e.g., generally ranging between 100-300 
feet) at low levels. In addition, the Commission expects that there 
would be significant attenuation of the wireless microphone signal, 
both around the microphone (e.g., loss because it is hand-held, or 
because of body loss) and as a result of building and other 
attenuation, thus further reducing the likelihood of harming TV viewers 
outside of the location.
(c) Adoption of ETSI Emission Mask Standards for Analog and Digital 
Wireless Microphones
    26. The technical rules applicable to part 74 LPAS devices 
operations in the TV bands set forth specified out-of-band emission 
mask requirements for wireless microphones, regardless of whether the 
device is analog or digital. These rules have not been revised since 
1987.
    27. In the NPRM, the Commission proposed revising the emission 
masks applicable to wireless microphones and LPAS devices, with respect 
to both analog and digital wireless microphones, to comply with the 
applicable ETSI standards for analog and digital wireless microphones 
that operate over 200 kHz channels. Specifically, it proposed to 
require that emissions from analog and digital unlicensed wireless 
microphones comply with the emission masks in Section 8.3 of ETSI EN 
300 422-1, 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. Because 
the ETSI emission masks are defined only over a frequency range of plus 
or minus one megahertz from the wireless microphone carrier frequency, 
the Commission sought comment on the emission limits that should apply 
outside of this frequency range. In addition to the ETSI standards, or 
as an alternative, it inquired whether there are other technical 
standards that it should adopt to promote more efficient use of the 
spectrum available for wireless microphone operations in the TV bands. 
Finally, it asked that, if it were to decide to adopt revised 
standards, how quickly

[[Page 71707]]

it should require new devices to comply with the new standards.
    28. To promote more efficient use of the limited TV band spectrum 
available for wireless microphones, the Commission is adopting the ETSI 
standard emission masks for LPAS devices used by wireless microphone 
licensees under its part 74 rules. Specifically, it will require that 
emissions from analog and digital unlicensed wireless microphones 
comply with the emission masks in Section 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. 
Requiring wireless microphones to meet these tighter emission 
requirements will protect authorized services in adjacent bands from 
harmful interference, and will improve spectrum sharing by wireless 
microphones. Outside of the frequency range where the ETSI masks are 
defined (one megahertz above and below the wireless microphone carrier 
frequency), the Commission will require that emissions comply with same 
limit as the edge of the ETSI masks, specifically, 90 dB below the 
level of the unmodulated carrier. The Commission is incorporating the 
emission mask requirements set forth in ETSI EN 300 422-1 v1.4.2 (2011-
08) into the Part 74 Subpart H LPAS rules by reference and adding it to 
the list of measurement procedures in section 74.861. The Commission is 
not persuaded by Lectrosonics' comments that existence of its legacy 
unlicensed wireless microphones that would not be compliant with the 
new standard should prevent the Commission from establishing a more 
efficient standard for wireless microphone devices going forward. The 
Commission will require the LPAS devices to comply with this standard 
no later than nine months following release of the Channel Reassignment 
PN.
(d) Other TV Bands Revisions
    29. In the NPRM, the Commission also sought comment generally on 
whether it should adopt any other rule revisions for operations of 
wireless microphones in the TV bands spectrum that would facilitate 
more effective and efficient operations in these bands. It asked that 
commenters provide detailed information on reasons for the proposed 
changes as well as the types of specific rules that they advocate.
    30. The Commission concludes that extending the existing waiver of 
its rules to permit nuclear power plants the continued use of spectrum 
in the core TV bands would serve the public interest. Consequently, the 
Commission hereby grants a permanent waiver of its rules to allow the 
continued use of wireless headsets at nuclear power plants, under the 
same conditions as the current waiver, in the spectrum that will 
continue to be allocated for television following the incentive 
auction. In addition, this waiver will permit nuclear power plants to 
continue to access the spectrum repurposed for 600 MHz wireless service 
during the transition period, but no later, provided that they meet the 
conditions for secondary operations in this band. The terms of this 
waiver do not extend to include operations in the 600 MHz guard bands, 
including the duplex gap, which will no longer be allocated for 
broadcast TV. As discussed in the Part 15 Report and Order, wireless 
microphone operations in these bands will be limited to 20 mW EIRP, 
which is more restrictive than allowed for wireless microphones in the 
TV bands. Further, the Commission is not granting, under the terms of 
this waiver, any right to continue to operate in the 600 MHz Band after 
the end of the post-auction transition period. Unlike the waiver the 
Commission is granting, nothing in the record before it indicates 
whether the 600 MHz wireless licensees might agree to the request of 
the Nuclear Energy Institute and the United Telecom Council relating to 
this issue, so the Commission declines to grant their additional 
request at this time.
    31. In granting this permanent waiver, the Commission declines to 
revise the part 74 LPAS rules to provide for such operations on a 
licensed basis. The Commission previously declined to make nuclear 
plants eligible under part 74, and the issues raised regarding the use 
of these particular devices involve considerations unique to the 
nuclear power industry, and do not apply to other part 74 LPAS 
licensees. Further, in light of the Commission's grant of a permanent 
waiver with the associated conditions, licensee status is not 
necessary.
c. Eligibility for Licensed Operations in the Duplex Gap
    32. In the Incentive Auction R&O, the Commission provided that 
broadcasters and cable programming networks using wireless microphones 
on a licensed basis would be able to obtain interference protection 
from unlicensed devices in a portion of the duplex gap at specified 
times and locations, on an as-needed basis. In the NPRM, the Commission 
sought comment on whether it should expand eligibility for licensed 
wireless microphone operations in the duplex gap to include all of the 
entities now eligible for Part 74 LPAS licenses in the TV bands. In 
particular, the Commission asked whether such expanded eligibility 
would create problems for broadcasters or cable programming networks 
operating on this spectrum, or whether these different users generally 
operate at different locations, such that their respective operations 
would not likely interfere with each other.
    33. As discussed in the Incentive Auction R&O, the Commission 
provided that broadcasters and cable programming networks using 
wireless microphones on a licensed basis could operate in a portion of 
the duplex gap, where they would be protected from interference by 
unlicensed devices in order to have access to spectrum for certain 
programming, including emergency information. The Commission concludes 
that expanding eligibility to the other licensed part 74 entities 
should not cause any problems for broadcasters and cable programming 
networks since the licensed entities will be obligated to coordinate 
their operations when and where necessary. The Commission notes that, 
as a general matter, these different licensees will likely operate at 
different locations and not interfere with each other.
d. Transition Out of the 600 MHz Band Repurposed for Wireless Services
(i) Background
    34. Following the upcoming incentive auction, certain existing 
television channels in the UHF band will be repurposed for 600 MHz Band 
wireless services. In the Incentive Auction R&O the Commission provided 
for a multi-year period to help smooth the transition as wireless 
microphone operators take steps to obtain new equipment and transition 
out of the use of this spectrum no later than the end of post-auction 
transition period (i.e., 39 months after the issuance of the Channel 
Reassignment PN). Specifically, following the auction these operators 
may continue to access the 600 MHz Band during the transition period, 
but no later, subject to certain conditions. To the extent that either 
licensed or unlicensed wireless microphone users operate in the 600 MHz 
Band during this transition period, then consistent with their 
secondary or unlicensed status they will not be entitled to any 
interference protection from operations of the primary 600 MHz 
licensees, and they will be required to cease any operations in the 600 
MHz Band if their operations cause harmful

[[Page 71708]]

interference to any 600 MHz licensee's operations.
    35. In the NPRM, the Commission sought comment on how best to 
facilitate a smooth transition as wireless microphone and other LPAS 
users cease their operations on the repurposed 600 MHz Band frequencies 
no later than the end of the post-auction transition period. The 
Commission indicated that achieving a smooth transition will involve 
actions by it, by manufacturers and distributors of wireless 
microphones, and by the various wireless microphone operators 
themselves, both licensed and unlicensed users. Even though the 
specific UHF band frequencies repurposed for 600 MHz Band wireless 
services will not be known until following the auction, beginning 
preparation for transition as soon as possible will contribute to a 
smoother transition. The Commission observed that some wireless 
microphones are likely to be capable of operating on repurposed 
channels, while others will not. The Commission also pointed out that 
although the specific frequencies on which particular wireless 
microphones operate may be identified in the owner's manual, the 
channels often are not evident on the devices themselves.
(ii) Discussion
(a) Consumer Education and Outreach; Disclosure Requirements
    36. The Commission specifically sought comment in the NPRM on how 
best to inform users of wireless microphones on the changes following 
the auction that will affect their use of wireless microphones in the 
TV band spectrum that is being repurposed, including the steps 
necessary to prevent interference to new wireless operations in the 600 
MHz spectrum, consistent with its goals expressed in the Incentive 
Auction R&O. The Commission anticipated a need for education and 
outreach directed at wireless microphone users, and that this should 
commence before the auction and continue even beyond the end of the 39-
month transition period. The Commission proposed that these education 
and outreach efforts should be undertaken by it, manufacturers, 
wireless microphone users groups, and relevant trade publications and 
other possible sources of information for wireless microphone users. As 
a companion to these efforts, the Commission also proposed requiring 
that written disclosures accompany new devices at the point of sale to 
provide further education to wireless microphone users on the devices' 
operations. In considering these actions, the Commission drew 
extensively from the approach that it took with respect to the 
transition of wireless microphones out of the 700 MHz band. Its goals 
were to make information available so users, particularly unlicensed 
users, are aware that they must not cause harmful interference to new 
wireless operations in the 600 MHz band, and must cease operating their 
wireless microphones on the repurposed 600 MHz Band allocated for 600 
MHz Band wireless services no later than the end of the transition 
period (i.e., 39 months after the release of the Channel Reassignment 
PN); to set in motion a process so they are aware of relevant factors 
concerning the operation of wireless microphones that are currently in 
use; and to establish a means for users to locate additional spectrum 
and equipment for their operations that will be available for their 
use. The Commission believed that a successful consumer education and 
outreach campaign would involve its staff working with a broad group of 
interested entities, including wireless microphone manufacturers, 
wireless microphones users, and user representatives.
    37. The Commission sought comment on the particular actions that 
wireless microphone manufacturers, distributors, retailers, and other 
entities comprising the wireless microphone community should take to 
inform the wide range of wireless microphone users about the ongoing 
developments concerning wireless microphone use--particularly the need 
to vacate the repurposed 600 MHz Band, the timetable for doing so, and 
the conditions for operating in the band during the transition period. 
It asked what specific information should be provided to wireless 
microphone users to ensure that they know the requirements for 
operating in the repurposed spectrum during the transition period and 
the need to exit the band by the end of the transition, as well as what 
steps can be taken to provide wireless microphone users with 
information on the transition prior to the auction. In particular, the 
Commission inquired whether it would it be beneficial for wireless 
microphone users to have access to a database or some form of online 
mapping tool to help users that enter the location and operating 
frequencies to determine whether they can continue to operate in the 
repurposed 600 MHz Band during the transition period, and if so, who 
should be responsible for developing and maintaining (hosting) it. 
Similarly, the Commission asked whether it should work with wireless 
microphone manufacturers to obtain information on models of wireless 
microphones that it could list on its Web site in order to facilitate a 
smooth transition from the 600 MHz Band. In addition to steps that may 
involve manufacturers, the Commission sought comment on what steps 
other parties associated with the sale and operation of wireless 
microphones (e.g., trade associations, user groups, or industry 
associations), may be able to take to provide users with information 
relevant to the transition.
    38. The Commission also invited specific comment on what additional 
information it should make available for wireless microphone users, 
including Commission-issued consumer ``fact sheets'' and ``frequently 
asked questions'' (FAQ's) which would address, among other matters, 
information on operation in the 600 MHz Band, the reason for the need 
to operate on frequencies outside of that band following the 
transition, the availability of other frequency bands for wireless 
microphone use, and the need to comply with Commission rules.
    39. Finally, the Commission proposed to revise its point-of-sale 
disclosure requirement that it adopted in the TV Bands Wireless 
Microphones R&O, 75 FR 9113, March 1, 2010, in order to provide 
information to wireless microphone users that may have to purchase or 
lease new equipment so that they can vacate the repurposed 600 MHz 
Band. Specifically, with regard to sales of wireless microphones that 
are capable of operating in repurposed spectrum, the Commission 
proposed to require that such sales include point-of-sale disclosures 
that inform buyers that they are buying a microphone that cannot be 
used in certain frequencies following the transition. The Commission 
also sought comment on how point-of-sale disclosures could be designed 
to effectively address any ban on manufacturing and marketing of 
wireless microphones that are capable of operating in the repurposed 
600 MHz Band. It also proposed that the revised point-of-sale 
disclosures direct buyers to the manufacturer's toll free telephone 
number or the manufacturer's Web site where the buyer can obtain more 
detailed information on the extent to which the microphone may be 
affected by repurposing the 600 MHz Band, and asked whether it should 
retain the existing language in the point-of-sale disclosure 
requirement that includes the Commission's toll free number and the 
Commission's Web site where users can obtain additional information on 
the operation of wireless microphones during the transition period and 
after

[[Page 71709]]

the transition period. The Commission proposed that the effective date 
for any disclosure requirement, including a point-of-sale requirement, 
which it may adopt in connection with this or a related proceeding, 
would be 18 months after the release of the Channel Reassignment PN, 
and sought comment on possible alternative dates as well. It requested 
comment on the particular factors that should enter into this 
determination.
    40. As set forth in the NPRM, consumer education regarding the 
operations of wireless microphones following the incentive auction is 
important. Consumers will need to be informed of the many changes that 
will affect their use of the current TV bands that is being repurposed, 
including their use of the 600 MHz guard bands and duplex gap, their 
continued use of repurposed 600 MHz Band during the post-auction 
transition period (i.e., the 39 months following issuance of the 
Channel Reassignment PN), and their need to cease operations in the 600 
MHz Band no later than the end of the post-auction transition period. 
The steps required are similar to those taken in 2010 to inform 
consumers about their use of the TV bands that were repurposed for 700 
MHz Band wireless services.
    41. Disclosure Requirement. The Commission requires anyone selling, 
leasing, or offering for sale or lease wireless microphones that 
operate in the 600 MHz Band to provide certain disclosures to 
consumers, pursuant to section 302. These entities must display the 
Consumer Disclosure, the text of which will be developed by Commission 
staff, at the point of sale or lease, in a clear, conspicuous, and 
readily legible manner. In addition, the Consumer Disclosure must be 
displayed on the Web site of the manufacturer (even in the event the 
manufacturer does not sell wireless microphones directly to the public) 
and of dealers, distributors, retailers, and anyone else selling or 
leasing the devices. The Commission finds that these disclosures are 
necessary to ensure that consumers are informed that the wireless 
microphones may be used, under specified conditions, no longer than the 
post-auction transition period, and to help ensure that wireless 
microphone users comply with their obligation during the transition 
period and cease operating on the 600 MHz band after the end of the 
transition period. The Commission delegates authority to its Consumer 
and Governmental Affairs Bureau (CGB), working with its Wireless 
Telecommunications Bureau (WTB) and Office of Engineering and 
Technology (OET), to prepare the specific language, following issuance 
of the Channel Reassignment PN, that must be used in the Consumer 
Disclosure and publish it in the Federal Register. As discussed above, 
there is more than one way in which the point-of-sale Consumer 
Disclosure may be provided to potential purchasers or lessees of 
wireless microphones, but each of them must satisfy all the 
requirements noted above, including that the disclosure be provided in 
writing at the point of sale in a clear, conspicuous, and readily 
legible manner. One way to fulfill this disclosure requirement would be 
to display the Consumer Disclosure in a prominent manner on the product 
box by using a label (either printed onto the box or otherwise affixed 
to the box), a sticker, or other means. Another way to fulfill the 
disclosure requirement would be to display the text immediately 
adjacent to each wireless microphone offered for sale or lease and 
clearly associated with the model to which it pertains. For wireless 
microphones offered online or via direct mail or catalog, the 
disclosure must be prominently displayed in close proximity to the 
images and descriptions of each wireless microphone. The Commission 
will require manufacturers, dealers, distributors, and other entities 
that sell or lease wireless microphones for operation in the 600 MHz 
Band to comply with the disclosure requirements no later than three 
months following issuance of the Channel Reassignment PN, and it 
encourages these entities to provide consumers with the required 
information earlier.
    42. Consumer Outreach. In addition, the Commission finds that 
several means should be employed to provide as much notice as possible 
to users of the need to clear the 600 MHz Band of wireless microphones. 
The Commission directs CGB, working with WTB and OET, to establish a 
Web page on its Web site, and prepare and release consumer 
publications, including a Consumer Fact Sheet and answers to Frequently 
Asked Questions (FAQs), that inform the public of its decisions 
affecting wireless microphone operations in the repurposed 600 MHz Band 
and the guard bands, as set forth in the Incentive Auction R&O, this 
Order, and the Part 15 Report and Order. The Commission further directs 
its staff to identify and contact organizations that represent entities 
that are known to be users of wireless microphones in the 600 MHz Band, 
including groups that represent theaters, houses of worship, and 
sporting venues. The Commission will inform these entities of its 
decisions affecting wireless microphone operations in the repurposed 
spectrum and available resources for information on options for 
wireless microphone use going forward.
    43. Further, the Commission expects all manufacturers of wireless 
microphones to make significant efforts to ensure that all users of 
such equipment capable of operating in the 600 MHz Band are fully 
informed of the decisions affecting them, as set forth in the Incentive 
Auction R&O, this Order, and the Part 15 Report and Order. 
Specifically, the Commission expects these manufacturers, at a minimum, 
to ensure that these users are informed of the need to clear the 600 
MHz Band. Manufacturers also should inform users of wireless 
microphones that they may continue to operate in the 600 MHz Band until 
the end of the post-auction transition period, but only subject to the 
conditions set forth in these orders, including the early clearing 
mechanisms. Further, the Commission expects all manufacturers to 
contact dealers, distributors, and anyone else who has purchased 
wireless microphones, and inform them of its decisions to help clear 
the 600 MHz Band. Manufacturers should also provide information on 
these decisions to any users that have filed warranty registrations for 
600 MHz Band equipment with the manufacturer. The Commission also 
expects manufacturers to post this information on their Web sites and 
include it in all of their sales literature.
    44. In addition, the Commission notes that manufacturers may choose 
to offer rebates and trade-in programs for any 600 MHz Band wireless 
microphones, similar to what was done with respect to transitioning 
wireless microphone users out of the 700 MHz band. The Commission 
encourages them to consider creating or establishing such programs 
here. In contacting dealers and distributors, it expects manufacturers 
to inform these entities that they should: (1) Inform all customers who 
have purchased wireless microphones that are capable of operating in 
the 600 MHz Band of its decision to clear the 600 MHz Band of such 
devices; (2) post such information on their Web sites; (3) include this 
information in all other sales materials; (4) provide information in 
sales materials, including on their Web sites, on the availability of 
any manufacturer rebate offerings and trade-in programs related to 
wireless microphones operating in the 600 MHz Band; and (5) comply with 
the disclosure requirements that the Commission is adopting in this 
Order.

[[Page 71710]]

(b) Post-Auction Prohibition of the Certification, Manufacture, or 
Marketing of LPAS Devices Operating on the 600 MHz Band
    45. All wireless microphones that now operate in the TV bands are 
certified as compliant with part 74, subpart H of the Commission's 
rules. The Commission decided in the Incentive Auction R&O that all 
wireless microphones that operate in the portion of the TV bands that 
will be repurposed 600 MHz Band for licensed wireless services may 
continue to operate in that spectrum during the post-auction transition 
period but must cease those operations no later than 39 months after 
release of the Channel Reassignment PN. At the end of the post-auction 
transition, licensed microphones will be permitted to operate in a 
portion of the duplex gap, and unlicensed wireless microphones will be 
permitted to operate in the guard bands and duplex gap, pursuant to the 
rules adopted in the Part 15 Report and Order.
    46. In the NPRM, the Commission proposed to establish cutoff dates 
for the certification, manufacturing, and marketing of wireless 
microphones in the repurposed spectrum to ensure that manufacturers 
cease making and marketing equipment for operation in repurposed 600 
MHz Band spectrum to ensure that manufacturers cease making marketing 
equipment that cannot be legally used after a certain date. Because 
similar technical requirements would apply to both licensed and 
unlicensed wireless microphones, the Commission proposed to apply to 
both the same transition rules for certification, manufacturing, and 
marketing in order to be the least disruptive to wireless microphone 
manufacturers and users. It proposed taking this action pursuant to its 
authority under section 302(a) of the Communications Act. This Order 
addresses these issues for licensed wireless microphones generally, and 
the Part 15 Report and Order addresses these issues for unlicensed 
wireless microphones.
    47. In this proceeding, the Commission proposed that parties could 
no longer submit applications to certify Part 74 wireless microphones 
that operate in repurposed TV spectrum beginning nine months after the 
release of the Channel Reassignment PN, when the particular frequencies 
that will need to be vacated will first be identified. The Commission 
also proposed that it not certify wireless microphones under part 74 
that would operate in the 600 MHz guard bands or the unlicensed portion 
of the duplex gap. The Commission also inquired whether parties should 
not be able to submit applications to certify wireless microphones that 
operate in repurposed TV spectrum later than 24 months after the 
effective date of the service rules that it adopts for licensed 
wireless microphones, and microphones that do not comply with the new 
rules may not be manufactured and marketed later than 33 months after 
the effective date of the service rules it adopts in this proceeding. 
The Commission also proposed that the effective date of any prohibition 
on manufacturing or marketing these devices will be 18 months after the 
release of the Channel Reassignment PN. In addition, it requested 
comment on the economic costs and benefits of different effective dates 
for the proposed prohibition on manufacturing or marketing. Finally, to 
the extent that the Commission determines to prohibit such manufacture 
or marketing, it proposed that any such ban would not apply to devices 
manufactured in the United States solely for export.
    48. The Commission adopts its proposals for establishing cutoff 
dates for the certification, manufacturing and marketing of licensed 
wireless microphones in the TV bands, the guard bands (including the 
duplex gap), and the repurposed 600 MHz Band. The Commission adopts 
transition rules for the TV bands, the guard bands (including the 
duplex gap), and the repurposed 600 MHz Band that will allow it to 
gradually phase out older microphones and introduce new ones that are 
compliant with the technical rules for part 74 wireless microphones 
that it adopts in this proceeding and for unlicensed wireless 
microphones generally and for licensed wireless microphones in the 
duplex gap that it adopts in the Part 15 Report and Order. The 
Commission is aligning the transition periods as closely as possible 
with the post-auction transition schedule because this will ensure 
compliance with the post-auction 600 MHz Band plan and be less 
disruptive to wireless microphone manufacturers and users.
    49. The Commission adopts the cutoff dates proposed in the NPRM. It 
will require applications to certify wireless microphones under the 
modified part 74 rules nine months after the release of the Channel 
Reassignment PN or no later than 24 months after the effective date of 
the new rules, whichever occurs first. The Commission will require that 
manufacturing and marketing of all part 74 wireless microphones that 
would not comply with the rules for operation in the 600 MHz Band cease 
18 months after release of the Channel Reassignment PN or no later than 
33 months after the effective date of the new rules, whichever occurs 
first.
    50. The Commission recognizes that it is important to provide 
manufacturers with sufficient time to design new products, obtain 
Commission certification, and commence manufacturing. It is equally 
important to allow manufacturers to sell existing devices that allow 
the public to continue providing service until new products are 
available in the marketplace. The cutoff dates that the Commission 
adopts for certification, manufacturing and marketing of wireless 
microphones appropriately balance these two goals, and it disagrees 
with the cutoff dates proposed by CTIA and Mobile Future. Manufacturers 
will not know what band plan they need to design and manufacture to 
until after the incentive auction is concluded, and it would be 
unreasonable to require that only certification applications complying 
with the new rules be accepted at the time the Channel Reassignment PN 
is released. Broadcast stations will be vacating the 600 MHz Band over 
a 39 month period after the release of the Channel Reassignment PN, and 
new wireless operations will be built out gradually as broadcast 
stations leave the band and most likely continuing beyond the 39 month 
transition period. It would be unreasonable to cut off manufacturing 
and marketing six months into the 39 month transition period since this 
would deny the public access to devices that would allow them to 
continue to provide service. The Commission concludes that the cutoff 
dates it has chosen will encourage manufacturers to concentrate on 
developing wireless microphones that operate in compliance with new 
part 74 and part 15 rules and ensure that manufacturers cease making 
and marketing equipment that cannot be legally used after a certain 
date. Finally, as proposed in the NPRM, the prohibition on manufacture 
and marketing will not apply to devices manufactured in the United 
States solely for export.
(c) Modification of LPAS Licenses To Remove Authorization for 
Operations on the 600 MHz Band
    51. In the NPRM, the Commission proposed, pursuant to its authority 
under section 316 of the Communications Act, to modify existing LPAS 
licenses to the extent necessary to delete frequencies identified as 
repurposed for the 600 MHz Band in the Channel Reassignment PN, 
effective on the date that the post-auction transition period ends. In 
addition, it proposed that, following these license

[[Page 71711]]

modifications, the LPAS licenses will continue to include authorization 
to use all frequencies currently included in those licenses other than 
the repurposed 600 MHz Band. Finally, the Commission proposed that if a 
licensed user must cease operations of a wireless microphone prior to 
the end of the post-auction transition period (i.e., because it causes 
harmful interference to any 600 MHz licensee's operations), the license 
relating to that wireless microphone will be modified automatically 
without Commission action to delete the authorization to operate on the 
repurposed 600 MHz Band, effective on the date that operations are 
required to cease.
    52. The Commission adopts the proposal set forth in the NPRM. As 
set forth in the Incentive Auction R&O, during the transition period, 
wireless microphone users must cease operations if they would cause 
harmful interference to any 600 MHz wireless operations, and if there 
are violations of this requirement it will enforce its rules 
accordingly. The Commission declines the requests to permit wireless 
microphone operations in the 600 MHz Band following the transition 
period. As the Commission explained in the Incentive Auction R&O, 
establishing a hard date by which all licensed and unlicensed wireless 
microphone operations must cease provides needed certainty and clarity 
about transitioning out of the band, and no party petitioned for 
reconsideration of its decision on this matter. Finally, the Commission 
directs WTB to modify LPAS licenses to delete the affected frequencies 
from LPAS licensees' authorizations, effective at the end of the 
transition period.
2. Miscellaneous VHF/UHF Bands
a. 26.100-26.480 MHz, 161.625-161.775 MHz, 450-451 MHz, and 455-456 MHz 
Bands
    53. Wireless microphones operating pursuant to the part 74 LPAS 
rules also are authorized to operate on a licensed basis in small 
portions of certain broadcast bands, including the 26.100-26.480 MHz, 
the 161.625-161.775 MHz, the 450-451 MHz, and the 455-456 MHz bands. 
Eligibility for operating in these bands is limited to broadcasters and 
broadcast network entities. While the Commission did not propose any 
specific revisions concerning these rules in the NPRM, it sought 
comment on the current use of these bands for wireless microphone 
operations, and the more expansive use of these bands in the future. 
The Commission asked where there are technological advances that may 
promote more intensive use, and requested comment on any potential 
revisions that it should make to facilitate the use of these bands for 
wireless microphone operations.
    54. Given commenters' general view that additional use of these 
bands is limited, and considering the small amount of spectrum they 
offer, revision of its rules to permit expanded operations in these 
bands would not yield much benefit. Furthermore, the Commission has 
sought comment on revising the rules in these bands to allow for the 
use of digital technologies of Remote Pickup (RPU) stations in another 
rulemaking, which could result in more intensive use of these bands. 
The Commission therefore concludes that it will not make these bands 
available for wireless microphone operations other than as currently 
authorized, and subject to the outcome in the latter proceeding.
b. 88-108 MHz FM Band
    55. As discussed in the NPRM, wireless microphone operations have 
long been permitted in the 88-108 MHz FM band on an unlicensed basis 
under section 15.239 of the Commission's part 15 rules. While the 
Commission did not propose any rule revisions in the NPRM, it sought 
comment on whether wireless microphone users continue to make use of 
this band for their operations and the extent to which existing or 
revised rules will be useful for accommodating wireless microphone 
users' needs in the future. To the extent that revisions were proposed, 
the Commission requested that parties submit technical information in 
support of their proposals, as well as analysis of the benefits of such 
revisions and likely impact on FM broadcasters.
    56. Based on the comments and record before the Commission, and the 
apparently minimal opportunity for making use of this band, it declines 
to make any revisions to the rules applicable to wireless microphone 
operations in the 88-108 MHz FM band.
3. 169-172 MHz Band
    57. Under the Commission's part 90 rules, entities eligible to hold 
a Public Safety Pool or Industrial/Business Pool license may operate 
wireless microphone operations on a secondary basis on eight 
frequencies in the 169-172 MHz band, which is allocated primarily for 
Federal use. Specifically, these rules permit wireless microphones to 
be operated on only eight frequencies: 169.445 MHz, 169.505 MHz, 
170.245 MHz, 170.305 MHz, 171.045 MHz, 171.105 MHz 171.845 MHz, and 
171.905 MHz. The emission bandwidth may not exceed 54 kilohertz, the 
frequency stability of the microphones must limit the total emission to 
within  32.5 kilohertz of the assigned frequency, and 
operations may not exceed an output power level of 50 mW.
    58. Wireless microphone operations are not protected from other 
licensed operations in the band, and must not cause interference to any 
Government or non-Government operations, and wireless microphone 
license applications are subject to Government coordination. Other non-
Federal operations in the band, which also are secondary to the Federal 
allocation, operate on 12.5 kilohertz channels, and include (1) 
operations on 36 specified frequencies between 169.425 MHz and 171.925 
MHz for the purpose of transmitting hydrological or meteorological data 
(hydro channels), (2) operations on 9 frequencies between 170.425 MHz 
and 172.375 MHz for forest firefighting and conservation purposes 
(forest firefighting channels), and (3) operations on frequency 170.150 
MHz for public safety purposes and broadcast remote pickup stations in 
certain parts of the country. The current 169-172 MHz band wireless 
microphone channels overlap the hydro channels, but not the forest 
firefighting channels or public safety operations on frequency 170.150 
MHz.
    59. In the NPRM, the Commission sought comment on the current use 
of spectrum in the 169-172 MHz band for wireless microphones, and how 
the spectrum potentially could be used more expansively and intensively 
without interfering with Federal operations or the other secondary non-
Federal services. It asked what steps it could take to make the band a 
viable option for more wireless microphone users, and sought comment on 
two specific approaches: Allowing wireless microphone licensees to 
combine each of the four neighboring pairs of channels with each other, 
making four larger-bandwidth channels available on new channel centers 
between the existing assignable frequencies; or making as much of the 
169-172 MHz band as possible available for wireless microphone use and 
allowing operation with bandwidths of up to 200 kilohertz, subject to 
appropriate technical or geographic limitations.
    60. As noted above, the current 169-172 MHz band wireless 
microphone channels overlap the hydro channels, but not the forest 
firefighting channels. Making as much of the 169-172 MHz band as 
possible available for wireless microphone use and allowing operation 
with bandwidths of up to 200 kilohertz on center frequencies throughout 
the band, as advocated by the commenters,

[[Page 71712]]

would result in wireless microphone channels overlapping forest 
firefighting channels. In another proceeding, a petition for rulemaking 
proposed to make the forest firefighting channels available for 
vehicular repeater systems (VRS) and other mobile repeaters by other 
firefighters fighting in-building fires. Despite the benefits that VRS 
use provides for first responders, the Commission denied that portion 
of the rulemaking petition. It noted concerns expressed by the National 
Telecommunications and Information Administration that an interference-
free environment must be maintained on the forest firefighting channels 
because even VRS public safety operations on a secondary basis would 
pose a risk of creating conflicts with primary Federal safety 
operations. Consistent with this precedent, the Commission declines to 
allow wireless microphone operations on center frequencies throughout 
the band that would overlap forest firefighting channels.
    61. The Commission agrees with commenters that it should promote 
more opportunities for wireless microphone use of this band. 
Consequently, the Commission will pursue the approach of creating new 
channel centers between the existing neighboring pairs of channels 
(i.e., 169.475, 170.275, 171.075, and 171.875 MHz). The Commission 
concludes that the record supports permitting operation on these new 
channel centers with a bandwidth of up to 200 kilohertz, rather than 
merely combining the existing channels into new channels with a 
bandwidth of less than 120 kilohertz, because 200 kilohertz bandwidth 
will support higher audio quality, which could facilitate operation in 
the band by a wider range of users. Wireless microphones that have 
bandwidth exceeding 54 kilohertz will be required to comply with the 
emission masks in Section 8.3 of ETSI EN 300 422-1 v1.4.2 (2008-11) 
that the Commission is adopting for licensed wireless microphone 
operations in the TV bands.
    62. In order to protect Federal operations and the other secondary 
non-Federal services, the Commission rejects the suggestion that it 
authorize wireless microphone operations in the 169-172 MHz band on an 
unlicensed basis pursuant to part 15. Unlicensed operations would 
eliminate the Federal Government's ability to review and object to new 
assignments in this primary Federal band. Instead, these operations 
will be licensed pursuant to part 90 and applications will be subject 
to Government coordination.
4. 944-952 MHz Band and Adjacent 941-944 MHz and 952-960 MHz Bands
    63. In the NPRM, the Commission sought comment on making revisions 
to the rules in the 944-952 MHz band and the two adjacent bands, the 
941-944 MHz and 952-960 MHz bands, to accommodate additional licensed 
wireless microphone operations.
a. 944-952 MHz Band
    64. The Commission's part 74, subpart H rules authorize operations 
of wireless microphones on a licensed basis in the 944-952 MHz band. 
These LPAS operations are authorized on a co-primary basis along with 
other Broadcast Auxiliary Services (BAS) consisting of fixed Aural 
Studio to Transmitter links (STL) stations and fixed Aural Intercity 
Relay Links stations (ICR). Entities eligible for a license to operate 
wireless microphones are limited to broadcast licensees and broadcast 
network entities. LPAS devices using this particular band of spectrum 
may also be used to 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. Under the applicable 
technical rules, the operating bandwidth for LPAS operations may not 
exceed 200 kHz, and the maximum transmitter power is 1 watt. Several 
manufacturers have developed wireless microphones that use this band.
    65. In the NPRM, the Commission sought comment on potential for 
more intensive use of this band for the licensed wireless microphone 
operations among the other BAS that use the band. It asked whether, 
considering that less spectrum may be available for wireless microphone 
operations in the UHF television bands, licensees expect to make 
greater use of this band in this band by migrating particular types of 
uses to this spectrum when they are spectrum-constrained in the TV 
bands, and whether this band is well-suited for high-quality uses. 
Because the Commission had proposed adopting ETSI standards for 
operations in the TV bands, it also proposed adopting these standards 
for LPAS operations in the 944-952 MHz band.
    66. The Commission also proposed expanding eligibility in the 944-
952 MHz band to include all of the entities currently eligible under 
part 74 for licensed operation of LPAS devices in the TV bands, given 
that their wireless microphone needs are similar to those of 
broadcasters and broadcast network entities. It asked whether technical 
limitations and other considerations should be weighed when assessing 
expansion of licensee eligibility in this band to ensure that such 
eligibility expansion would not be problematic for existing LPAS 
operations in this band.
    67. Consistent with this record and in accord with adoption of the 
ETSI standard on emission masks for LPAS devices in the TV bands, the 
Commission will require that emissions from analog and digital wireless 
microphones comply with the emission masks in Section 8.3 of ETSI EN 
300 422-1 v1.4.2 (2011-08), for future wireless microphones that will 
use this band--applying these revised standards to new equipment 
certified under Part 74 in the 944-952 MHz band 9 months after issuance 
of the Channel Reassignment PN, consistent with the requirements for 
new equipment certified for LPAS devices that operate in the TV bands. 
Further, the Commission expands eligibility for operations in the 944-
952 MHz band to include all entities currently eligible to hold LPAS 
licenses for operation in the TV bands. This step should help address 
the need for additional spectrum outside of the TV bands for this 
entire group of licensed users.
    68. Licensed LPAS users operating in the 944-952 MHz band (as in 
the TV bands) are subject to the frequency selection requirements 
contained in Sec.  74.803 of its Rules. The Society of Broadcast 
Engineers (SBE) runs a local frequency coordination program for this 
band and asserts that coordination would have to be mandatory in order 
to avoid interference among different licensees. Accordingly, the 
Commission will also require wireless microphone users seeking access 
to this band to coordinate their proposed use through the local SBE 
coordinator.
b. 941-944 MHz Band and 952-960 MHz Band
    69. The two bands immediately adjacent to 944-952 MHz band--the 
941-944 MHz and the 952-960 MHz bands--are licensed for fixed services 
in varying bandwidths (from 12.5 kHz up to 200 kHz) in different areas 
and segments of these eleven megahertz. Most of the spectrum in these 
two bands is licensed for Private Operational Fixed (including business 
industrial and public safety) and Common Carrier Fixed Microwave 
Services authorized under part 101, and fixed Aural Broadcast Auxiliary 
Services (STL and ICR) authorized under part 74, while smaller portions 
are authorized for Multiple Address Systems (MAS), which consist of 
point-to-multipoint

[[Page 71713]]

Fixed Microwave Services authorized under part 101 of the rules.
    70. Specifically, most of the 941-944 MHz band--the two and a half 
megahertz between 941.5-944 MHz--is available for licensing for Private 
and Common Carrier Fixed Microwave Services or for broadcast auxiliary 
stations. Fixed point-to-point links in these bands are typically used 
for long distance low data-rate links between locations that have line 
of sight capability. They employ directional antennas and operate with 
fairly high effective isotropic radiated power. Receive antennas are 
also directional, affording some rejection of unwanted signals off-axis 
from the main lobe of the antenna. The other portion, the half 
megahertz between 941-941.5 MHz, is authorized for MAS operations, 
specifically communications from MAS master stations to remote 
stations; consequently, transmission from the master station is 
generally omni-directional, generally within a 25-mile radius, to many 
remote stations. MAS historically has been used by the power, 
petroleum, and security industries for various alarm, control, 
interrogation and status reporting requirements as well as by the 
paging industry, and the licensing scheme adopted by the Commission was 
designed to accommodate these past and present uses. MAS licenses in 
this band are either geographically-based or site-based.
    71. Most of the 952-960 MHz band--6.8 megahertz of spectrum between 
952.85-956.25 MHz and 956.45-959.85 MHz--is licensed for Private 
Operational Fixed Microwave Service (including business industrial and 
public safety) authorized under part 101. The remaining portions of the 
band are also authorized for MAS operations in three distinct portions, 
totaling 1.2 megahertz. The MAS bands are divided into two groups with 
differing licensing and service characteristics; these are commonly 
known as the 928/952/956 band--used for private internal or public 
safety communications, and the 928/959 MHz band--used by CMRS and 
paging network incumbents. The MAS portions of these bands have 
historically been used by the power, petroleum, and security industries 
for various Supervisory Control and Data Acquisition (SCADA) operations 
as well as by the paging industry. These licenses also could be either 
geographically-based or site-based.
    72. In the NPRM, the Commission proposed making unused portions of 
the 941-944 MHz and the 952-960 MHz bands available for licensed 
wireless microphone operations on a secondary basis, generally under 
the rules applicable for LPAS operations in the 944-952 MHz band, 
provided that incumbent users in the band could be protected from 
interference. The Commission inquired about the extent to which there 
are many locations in these bands where spectrum is unused, potentially 
available, and in sufficient bandwidth (e.g., 200 kHz) suitable for 
wireless microphone uses similar to their uses in the TV bands and 944-
952 MHz band. Considering the different services and service rules that 
apply to portions of these bands, and the mix of point-to-point and 
point-to-multipoint services already operating in these bands, the 
Commission asked whether specific sub-bands would be more suitable than 
others for sharing with wireless microphones. In this regard, it first 
inquired about those portions of the spectrum available for licensing 
for fixed microwave services, which constitutes the majority of the 
spectrum in these bands. The Commission sought comment on the ability 
of wireless microphone users to determine the availability of suitable 
spectrum at particular locations in these portions of the band, and 
what issues or factors it should take into account to make spectrum 
available for wireless microphone operations while protecting the 
incumbent fixed services that operate in these bands. The Commission 
then made similar inquiries about making the portions of the spectrum 
in these bands that are authorized for MAS operations available for 
wireless microphone operations. Considering that many MAS systems are 
used by utilities for SCADA operations, it sought comment on whether 
these existing users operate in the same general geographic areas as 
wireless microphone users, or whether the wireless microphone 
operations would be separated geographically because these are 
different types of uses. It also asked about other factors that it 
should consider when determining whether and how to permit wireless 
microphone operations in these MAS portions.
    73. The Commission also sought comment on designing rules that 
would be necessary to address any interference concerns with particular 
incumbent operations that could arise. It asked whether certain types 
of services, such as fixed microwave services, would generally not be 
prone to interference, and whether others, such as MAS operations 
involving SCADA operations, could be more susceptible to interference 
and require more protected rules (e.g., rules to specify minimum 
separation distances, or create protection zones, or imposed greater 
limitations on power levels used by wireless microphones, or 
restricting use to indoors). In addition, the Commission sought comment 
on the technical rules that would apply to wireless microphone 
operations in these bands. It specifically asked whether wireless 
microphones should be permitted to operate under the same technical 
rules for LPAS operations that apply to operations in the 944-952 MHz 
band (e.g., power limits, maximum bandwidth, Out of Band Emissions 
(OOBE), including the ETSI standards that it proposed to apply to such 
operations. Finally, it sought comment on the equipment issues that 
would pertain to wireless microphone operations in these bands, 
including various issues relating to the certification process (e.g., 
whether manufacturers should be able to certificate equipment under the 
same rules and procedures for LPAS devices that operate in the 944-952 
MHz band, or needed to develop new equipment for these bands that would 
be certificated in a different manner).
    74. Based on the record before us, the Commission will open most of 
the 941-944 and 952-960 MHz bands--the 2.5 megahertz of spectrum 
between 941.5-944 MHz and the 6.8 megahertz of spectrum between 952.85-
956.25 MHz and 956.45-959.85 MHz--for use by wireless microphones and 
other LPAS license eligible entities currently operating in the TV 
broadcast bands and for whom it has expanded eligibility to operate in 
the 944-952 MHz bands. Because wireless microphones operate at low 
power over short distances, and fixed point-to-point systems employ 
directional antennas and operate with fairly high effective isotropic 
radiated power, the Commission believes that the risk of interference 
between LPAS operations and fixed point-to-point operations is low, and 
commenters generally agree with that conclusion. The Commission finds 
further support for its decision in parties' assurances that equipment 
to utilize these expanded bands could be brought to market quickly. 
Furthermore, it finds that LPAS operations in the these bands should be 
subject to the same part 74 technical rules that apply to LPAS 
operations in the 944-952 MHz band (e.g., the same power limits, 
maximum bandwidth, and coordination requirements). The Commission also 
adopts the ETSI standard for emission masks in Section 8.3 of ETSI EN 
300 422-1 v1.4.2 (2011-08); and will require emissions beyond +/-1 MHz 
from the carrier or center frequency to be

[[Page 71714]]

attenuated by 90 dB. It will apply this standard to new licenses in the 
941.5-944 MHz, 952.85-956.25 MHz and 956.45-959.85 MHz bands upon the 
effective date of this order. Consistent with the coordination 
requirements the Commission adopted for the 944-952 MHz band, it will 
also require wireless microphone users seeking access to the 941.5-944 
MHz, 952.85-956.25 MHz and 956.45-959.85 MHz bands to coordinate their 
proposed use through the local SBE coordinator.
    75. The Commission does not, however, open the remaining portions 
of the bands authorized for MAS operations, in three distinct portions 
totaling 1.7 megahertz, for licensed wireless microphone operations. 
Unlike with fixed point-to-point operations, it concludes that there is 
a greater risk of interference from a wireless microphone being 
operated at close proximity to a MAS remote station. Unlike fixed 
point-to-point operations (including BAS studio transmitter links), 
geographic area MAS licensees may add master and remote stations 
throughout their service area without prior Commission approval, and 
incumbent MAS licensees are allowed to expand their systems under 
certain circumstances. Given the record before the Commission, 
including the concerns of representatives of MAS interests, it 
concludes that proponents of using the MAS bands for wireless 
microphones have not demonstrated that they can coexist with MAS 
without causing interference. Furthermore, there is only a relatively 
small amount of spectrum in discrete segments potentially unused and 
available in this 1.7 megahertz.
5. Unlicensed Operations in the 902-928 MHz, the 2.4 GHz, and the 5 GHz 
Bands
    76. The 902-928 MHz, 2.4 GHz (2400-2483.5 MHz), and 5 GHz (5725-
5850 MHz) bands generally permit operations of unlicensed devices 
pursuant to two part 15 rules, 47 CFR 15.247 and 15.249. Wireless 
microphones are among the devices that operate on an unlicensed basis 
in these bands under these rules.
    77. In the NPRM, the Commission sought general comment on the 
current and potential uses of the band for various wireless microphone 
operations, the types of applications for which the bands are best 
suited, the limitations associated with use of these bands, and 
technological advances that have improved the ability to make use of 
the band for wireless microphone operations. In requesting information 
on the use of these bands, it sought to develop a more complete record 
of how these bands are useful in meeting various needs of wireless 
microphone users. The Commission did not propose to revise any of these 
part 15 rules that apply to a broad range of unlicensed operations.
    78. The Commission concludes that although the use of these bands 
at this time may be more appropriate for certain types of wireless 
microphone applications, they nonetheless can support devices that are 
part of the suite of wireless microphone devices that accommodate the 
needs of various users. It also anticipates that further technological 
advances can make improvements in performance, and hence make use of 
these bands more attractive for meeting many wireless microphone users' 
needs. As noted above, the Commission did not propose to make any 
revisions of the rules applicable for a wide range of unlicensed uses 
in these bands, and decline here to make any revisions. It generally is 
not inclined to make changes to these rules without demonstrated need 
that changes would benefit the many users of these bands.
6. 1920-1930 MHz Unlicensed PCS Band
    79. The 1920-1930 MHz band is allocated to Fixed and Mobile 
services on a primary basis and is designated for use by Unlicensed 
Personal Communications Service (UPCS) devices under the Commission's 
part 15 rules for unlicensed operations. To facilitate the sharing of 
spectrum in the UPCS band, the current rules require use of a ``listen-
before-transmit'' protocol that specifies a process for monitoring the 
time and spectrum windows that a transmission is intended to occupy for 
signals above a defined threshold. Digital Enhanced Cordless 
Telecommunications (DECT) technology may be used in this band since it 
complies with the general rules for operating in this band. DECT-based 
radio technology facilitates voice, data, and networking applications 
with range requirements up to a few hundred meters. DECT technologies 
minimize interference and can be particularly effective for voice 
communications, and many manufacturers make wireless microphones that 
use this spectrum.
    80. In the NPRM, the Commission invited comment on the current and 
potential uses of the 1920-1930 MHz UPCS band for wireless microphone 
applications, advances in wireless microphone technologies making use 
of this spectrum, and the types of applications for which it may be 
best suited. It did not propose any revisions, but did ask generally 
whether it should consider any technical revisions that could make this 
band more useful for wireless microphone applications without adversely 
affecting operations of other users in the band.
    81. As discussed above, wireless microphone manufacturers are 
finding ways under the existing rules to make use of this unlicensed 
band to address particular types of wireless microphone users' needs. 
The Commission encourages wireless microphone users to make use of this 
band where it can effectively serve their needs. It did not propose 
revisions to the rules in this band, and recognizing the many other 
applications that make use of this band, it will not make revisions at 
this time.
7. 1435-1525 MHz Band
    82. The 1435-1525 MHz band (1.4 GHz band) is shared by the Federal 
government and industry for aeronautical mobile telemetry (AMT) 
operations. AMT systems are used for flight testing of manned and 
unmanned aircraft, missiles, and space vehicles, and associated 
communications such as range safety, chase aircraft, and weather data. 
The Department of Defense (DOD) is the major Federal user of the band, 
although the National Aeronautics and Space Administration (NASA) and 
the Department of Energy (DOE) also have assignments within it. The 
commercial aviation industry uses the band for flight testing of new 
and modified commercial, corporate, and general aviation aircraft at 
various facilities across the United States. Both the FCC and NTIA 
recognize the Aerospace and Flight Test Radio Coordinating Council 
(AFTRCC) as the non-governmental coordinator for assignment of flight 
test frequencies in the band. Through the Special Temporary Authority 
(STA) process, professional sound engineering companies responsible for 
major event productions have obtained authority to operate both 
wireless microphones (and similar audio devices) and video equipment on 
a temporary basis (e.g., a few days or a week) to access this spectrum. 
These STAs supplement the parties' existing access to other spectrum 
resources (primarily the TV bands) for coverage of sporting and other 
public events at specified locations around the country. Under existing 
practice, the applicants have had to demonstrate that they have fully 
coordinated their proposed spectrum use with AFTRCC before the 
Commission will grant a STA. The STAs have provided the applicants 
access to up to 90 megahertz of spectrum in the 1435-1525 MHz band, and 
only when that spectrum is not subject to AMT use at the specified 
times and locations.

[[Page 71715]]

Operators generally use equipment that has been specially developed or 
modified for use of the 1.4 GHz band spectrum.
    83. In the NPRM, the Commission proposed making the 1.4 GHz band 
spectrum available for use by wireless microphones on a secondary 
licensed basis, with use limited to licensed professional users at 
specified locations and times operating pursuant to specified 
safeguards designed to protect AMT use of the band. It sought general 
comment on the suitability of this spectrum for wireless microphone 
operations, and stated its commitment to ensuring that any wireless 
microphones operating in this spectrum are spectrally efficient and 
frequency agile.
    84. While the Commission sought to provide wireless microphone 
users in need of additional spectrum resources with access to the 1.4 
GHz band spectrum to help accommodate those needs, it contemplated only 
limited use of this spectrum and did not propose to open it for either 
widespread or itinerant uses throughout the nation. In particular, the 
Commission proposed that wireless microphone uses be restricted to 
specific fixed locations, such as large venues (whether outdoor or 
indoor), where there may be a need to deploy large numbers of 
microphones (e.g., 100 or more), and only at specified times. It 
proposed limiting eligibility to professional users, including 
broadcasters, professional television and cable programmers, and 
professional sound engineering companies, and operators at major venues 
that manage and coordinate wireless microphone operations, i.e., the 
entities eligible for licensed LPAS operations in the TV bands. In 
proposing to require prior coordination with AFTRCC, the Commission 
sought comment on specific coordination mechanisms that would ensure 
that wireless microphone operations only occur at the locations and 
times where authorized, and would be effective in preventing the use of 
these devices at any other location or time without authorization.
    85. In considering the appropriate framework for wireless 
microphone operations in the band, the Commission noted that it already 
permits secondary, low power short-range Medical Body Area Network 
(MBAN) devices to share use of another band where AMT operations are 
primary (i.e., the 2360-2390 MHz band) pursuant to a specified 
coordination process. The Commission asked about the extent to which 
the rules for MBAN operations might serve as a model for rules that it 
should adopt for wireless microphone operations in the 1.4 GHz band. 
MBAN device operators are required to register each device with the 
frequency coordinator and provide specified information--including the 
frequencies to be used, the location of the devices, the power levels 
used, and point of contact information regarding the entity responsible 
for the MBAN device operations. MBAN devices also must cease 
transmission in the absence of a control message. The Commission 
further noted that, as part of the MBAN proceeding, it had recognized 
that specific tools, such as electronic keys, could be useful to 
coordinators as they sought to achieve mutually agreeable coordination 
agreements.
    86. The Commission sought comment on requiring that wireless 
microphone systems, which often are moved from one location to another 
(e.g., when used to cover different events), could only operate through 
use of an automatic mechanism (such as an electronic key, and location-
awareness capability, or similar mechanisms) that would serve to 
prevent wireless microphones from operating unless on approved 
frequencies in the 1.4 GHz band at the approved location/venue(s) 
during approved time(s). In addition, the Commission invited comment on 
whether it should adopt point-of-sale restrictions that would enable 
only entities licensed to operate in this band (discussed below) to 
obtain the devices.
    87. To the extent the Commission decided to authorize wireless 
microphone operations in this band, it sought comment on the technical 
rules that would apply to devices that would use the band, including 
considerations designed to ensure that the primary AMT operations would 
be protected. It asked whether the technical rules should be the 
similar to those that apply to wireless microphones that operate in 
other bands, as well as whether ETSI standards should be adopted for 
those devices. To preserve maximum flexibility for wireless microphone 
operations in the band, it inquired whether it should require wireless 
microphones to have the capability of tuning across the band, as well 
as whether wireless microphones designed to operate in the 1.4 GHz band 
should have modular transmitting components that, if necessary, could 
be replaced to enhance frequency agility. In addition, the Commission 
asked whether there should be an interim process for permitting 
wireless microphone operations in the band as any necessary new devices 
are being made, and what device certification process should be 
employed. Finally, consistent with its proposal, the Commission 
envisioned adding a secondary mobile except aeronautical mobile service 
allocation to the 1435-1525 MHz band for limited use under the service 
rules it adopts for the band.
    88. As proposed in the NPRM, the Commission authorized limited use 
of the 1.4 GHz band for licensed wireless microphones operations, with 
secondary status in the band in the table of allocations, and only 
provided that certain conditions and safeguards designed to protect AMT 
services are met. Experience through the STA process demonstrates that, 
under proper conditions, wireless microphones will be able to operate 
in this band without interfering with the critical aeronautical flight 
test operations that rely on primary access to this spectrum. 
Eligibility to use this band will be restricted to professional users 
(to include broadcasters, professional television and cable 
programmers, and professional sound engineering companies, and 
operators at major venues that manage and coordinate wireless 
microphone operations). The Commission also adopted Shure's 
recommendation, and will permit 200 kHz analog and digital masks and 
adopt the emission masks in Section 8.3 of ETSI standard EN 300-422-1 
v1.4.2 (2011-08), with power levels of up to 250mW consistent with the 
rules for UHF operations in the TV bands. To accommodate this limited 
use, the Commission is adding a new footnote, US84, to the Table of 
Frequency Allocations. This footnote explicitly permits secondary 
wireless microphone use in the 1435-1525 MHz band, which is already 
allocated to the mobile service on a primary basis but restricted to 
aeronautical telemetry.
    89. As proposed in the NPRM, the Commission is only authorizing 
limited use of this spectrum for licensed wireless microphone uses, 
where access may be important for certain specified events. It is not 
opening up this band either for widespread use or for itinerant uses 
throughout the nation. In particular, it is restricting use to specific 
fixed locations, such as large venues (whether outdoor or indoor), 
where there is a need to deploy large numbers of microphones (typically 
100 or more) for specified time periods, for situations in which the 
other available spectrum resources are insufficient.
    90. Protection of primary service in the band by this new secondary 
service is of paramount importance. Wireless microphone use in the band 
must be coordinated with the non-governmental coordinator for 
assignment of flight test frequencies in the band (i.e., AFTRCC), and 
authentication and location

[[Page 71716]]

verification will be required before a coordinated wireless microphone 
begins operation. Wireless microphones operating in this band must also 
be tunable across the entire 1435-1525 MHz band, as recommended by 
AFTRCC. This capability will facilitate coordination with incumbent 
users whose aeronautical testing may be variable across the band. 
Additionally, the Commission will authorize all microphones operating 
in a particular area to access no more than 30 megahertz in the 1435-
1525 MHz band. This requirement will facilitate coexistence in the band 
by ensuring that wireless microphones operating be able to coordinate 
around AMT operations and by promoting the development of spectrally 
efficient technologies (e.g., digital technologies). The Commission 
also emphasizes that the STA process remains available to address 
extraordinary situations or special events requiring more spectrum 
access.
    91. The Commission is convinced that many of the elements that led 
to the successful adoption of the final MBAN service rules will also 
promote licensed secondary wireless microphone use of the 1.4 GHz band. 
Chief among these will be the cooperation of the AMT community in 
recognizing opportunities to share use of the band in those locations 
and times that will not interfere with the critical existing primary 
use, and the implementation of a coordination process to allow for such 
determinations in a timely and effective manner. However, the 
Commission recognizes that this coordination scenario is different from 
the MBANs case in that the secondary use will not be restricted to 
indoor locations in relatively limited and well-defined geographic 
places (i.e., hospitals). The Commission thinks there is good basis for 
AFTRCC's suggestions that equipment authentication be done through an 
automated mechanism and repeated regularly, that the equipment be 
designed to automatically cease operation in the absence of such 
registration and authentication, and that the equipment incorporate a 
geolocation capability more sophisticated than the manual entry of 
coordinates. Accordingly, the Commission will require manufacturers to 
design, and operators to use, software-based controls (or similar 
functionality) to prevent devices from operating in the band except in 
the specific channels coordinated with AFTRCC for any given location.
    92. The Commission will leave the details of these matters for 
resolution at a future time, to be informed by further negotiation 
between manufacturers and the flight test community. It is also not 
mandating, at this time, the use of a specific coordinator or 
coordinators to represent the wireless microphone community (analogous 
to the MBAN coordinator). The decision as to whether such a coordinator 
may be appropriate for the professional licensed wireless microphone 
user base (and consideration of whether such a coordinator would 
provide sufficient user oversight so as to allow greater flexibility in 
how 1.4 GHz wireless microphone equipment may be designed) will be 
better informed after further discussion by the interested parties.
    93. The Commission's intent is to provide a stable new environment 
for professional wireless microphone users, but it must also be mindful 
of the fact that, as noted above, wireless microphone use of the 1.4 
GHz band will operate pursuant to a secondary allocation. In light of 
this regulatory status, and considering the history of wireless 
microphone users having to replace equipment as band availability has 
evolved, the Commission strongly encourages parties designing equipment 
for this band to incorporate design elements--such as modular 
transmitting components or wider tuning capability extending to other 
bands--that will allow the greatest future flexibility should 
regulatory circumstances ever change. The Commission reminds licensees 
and manufacturers that they will bear the future cost of any such 
changes and, therefore, that relatively small upfront costs to increase 
flexibility may prevent much greater costs associated with replacing 
equipment in the unforeseeable future. It intends to continue a dialog 
with the wireless microphone community so that licensees and 
manufacturers will be able to anticipate, well in advance, any new 
developments (e.g., the availability of other bands for wireless 
microphones) that might inform the design of new equipment.
    94. While the Commission concludes that the costs of the particular 
requirements it is establishing for wireless microphone use of the 1.4 
GHz band are outweighed by the benefits of allowing licensed secondary 
use in a band that would otherwise not be available, it recognizes that 
the requirements are likely to limit 1.4 GHz wireless microphone use to 
a relatively limited community of professional users. The limited size 
of the user pool will facilitate coordinated use of the band and 
mitigate successfully AFTRCC's concerns regarding unauthorized users. 
The Commission also expects wireless microphone manufactures to 
continue to innovate and find further operational efficiencies, and 
believe that they will be able to draw on the experiences of MBAN 
proponents as they develop equipment designed to operate in the AMT 
space. Finally, because the Commission will continue to allow for the 
existing coordinated use of this band under the STA process, it is not 
establishing an interim process for permitting wireless microphone use 
under the new procedures pending the development of new equipment and 
final coordination and registration requirements.
8. 3.5 GHz Band
    95. In the NPRM, the Commission noted the 3.5 GHz Band FNPRM 
adopted earlier in 2014, in which it sought comment various potential 
uses of the 3.5 GHz band as it developed rules for operating in that 
band, see 79 FR 31247, June 2, 2014. It made clear that all of the 
issues regarding the policies and rules for operations in the 3.5 GHz 
proceeding would be decided in that proceeding, but nonetheless sought 
general comment on whether wireless microphone operations potentially 
could be employed in the 3.5 GHz band to help accommodate particular 
needs of users.
    96. In April 2015, the Commission adopted rules for commercial use 
of 150 megahertz in the 3.5 GHz band, see 80 FR 34119, June 15, 2015. 
These rules specified a federal/non-federal sharing arrangement of that 
band as part of a broader three-tiered sharing framework, which 
included Priority Access and General Authorized Access (GAA) tiers of 
service for commercial wireless use. This band potentially can provide 
opportunities for wireless microphone operations. Both tiers of service 
are open to any party eligible for a Commission license and could 
provide opportunities for wireless microphone operations.
9. 6875-7125 MHz Band
    97. As the Commission discussed in the NPRM, the 6875-7125 MHz band 
(7 GHz band) has long been authorized for shared co-primary use for 
fixed microwave operations among TV BAS stations (including television 
studio-transmitter links, television relay stations, and television 
translator relay stations) under part 74 and cable television relay 
stations (CARS) under part 78 of its rules. Broadcast network and cable 
entities may also use the band on a secondary basis for mobile or 
temporary fixed microwave operations for TV and CARS pickup stations. 
In addition, broadcasters can operate certain BAS facilities in the 7 
GHz band

[[Page 71717]]

on a short-term, secondary basis without prior authorization for up to 
720 hours a year. The BAS stations make it possible for television and 
radio stations and networks to transmit program materials from the 
sites of breaking news stories or other live events to television 
studios for inclusion in broadcast programs. The CARS stations enable 
cable operators to distribute programming to microwave hubs where it is 
impossible or too expensive to run cable and to cover live events. In 
2011, the Commission also authorized Fixed Services (FS) microwave 
operations under part 101 (for Private, Common Carrier, or Public 
Safety microwave systems) to share use of the band, on a co-primary 
basis, but only in areas where BAS and CARS television pickup 
operations are not licensed and not on two 25 megahertz channels in the 
middle of the band reserved for TV pickup stations (channels at 6975-
7000 MHz and 7000-7025 MHz).
    98. The 250 megahertz in the 7 GHz band is comprised of ten 25 
megahertz channels. BAS and CARS licensees may be authorized to operate 
both fixed and mobile stations on any of these channels, and FS 
licensees on all but two of them (as noted above). The Commission has 
not otherwise adopted a formal, nationwide segmentation plan for the 7 
GHz band to separate fixed and mobile operation. BAS and CARS licensees 
are authorized to operate on 25 megahertz channels, FS operators may be 
authorized to operate on 25 megahertz channels or on smaller channels 
of 5, 8.33 or 12.5 megahertz. Furthermore, all fixed BAS, CARS, and 
part 101 FS stations must engage in the same frequency coordination 
process required of all part 101 services, whereas temporary fixed or 
mobile TV pickup services continue to be subject to informal 
coordination procedures within their service areas.
    99. In the NPRM, the Commission proposed to permit licensed 
wireless microphone operations on available channels in this band, on a 
secondary basis, for entities eligible to hold BAS or CARS licenses. 
Considering the likelihood of significant areas of unused spectrum 
throughout this band, the Commission sought comment on whether spectrum 
in this band could be made available for relatively low power, short-
range wireless microphone operations without interfering with existing 
services. Given that BAS and CARS licensees already use the 7 GHz band 
for certain types of video applications and programming production, it 
asked whether there would be synergies in permitting wireless 
microphone operations that could supplement those existing 
applications. The Commission sought comment on particular rules that 
could facilitate wireless microphone operations in the band while also 
protecting existing services, specifically inquiring whether it should 
make spectrum in all of the 7 GHz band available for wireless 
microphone operations on a secondary, non-interfering basis, or only 
make certain portions of the 7 GHz band available for wireless 
microphone operations. It also sought comment on what technical rules 
(LPAS or otherwise) would best facilitate wireless microphone 
operations in the band, whether such rules should include the ETSI 
standards, and what if any interference criteria such as geographic 
exclusion zones or OOBE limits would protect incumbent services in the 
band. Given that coordination among licensees currently is required, 
the Commission asked to what extent formal or informal coordination of 
wireless microphone operations should be required--i.e., whether 
wireless microphone users could share operations among themselves on 
the same private-sector, frequency-coordinated basis that exists for 
the use of BAS mobile shared spectrum. Finally, it sought comment on 
the availability of wireless microphone equipment for this band.
    100. The Commission will permit BAS and CARS eligible entities, as 
well as the other entities eligible to hold LPAS licenses under part 
74, to operate wireless microphones on a licensed, secondary basis in 
the 7 GHz band on two 25 megahertz channels that it will set aside for 
such use on the top and bottom channels of this band (6875-6900 MHz and 
7100-7125 MHz). It declines to make the entire band available for 
wireless microphone use because there has been no demonstration that 
there is a need for all 250 megahertz of spectrum to be made available 
for wireless microphone use. The Commission is particularly concerned 
about compatibility between wireless microphones and itinerant BAS 
operations in the two channels reserved for nationwide use. SBE 
originally supported use of one 25 megahertz channel in the band, and 
by offering twice as much spectrum, the Commission hopes to create the 
necessary flexibility for wireless microphones to opportunistically 
find frequencies they can use on a secondary basis without interfering 
with, or receiving interference from, primary users with whom they must 
share and who typically operate at a higher power. Additionally, the 
Commission is reassured in its approach to the 7 GHz band by the 
commenters stating that equipment for these bands is readily available 
internationally and could be easily brought to market. While Broadcast 
Sports, Incorporated (BSI) favored setting aside 13 megahertz spectrum 
segments only for wireless microphone use on a primary basis, the 
Commission declines to do so because the 7 GHz band should remain fully 
available for BAS, CARS, and point-to-point operations. It is concerned 
that granting LPAS exclusive or co-primary status could impede the 
growth of the important existing uses of the band. Furthermore, under 
the Commission's existing rules, LPAS users are required to avoid 
causing harmful interference to any other class of station authorized 
under its rules or the Table of Allocations. BSI has not explained why 
a different rule is necessary or appropriate in the 7 GHz band. 
Moreover, the Commission has endeavored to make two 25 megahertz 
channels available at the top and bottom of the band (more than BSI 
requested) so that wireless microphones will have additional 
flexibility to select specific frequencies within the channel that will 
not cause interference to other services in the bands.
    101. With respect to coordination, generally, in lieu of mandating 
specific interference criteria in its rules, the Commission expects 
applicants and licensees to work out interference issues in the 
frequency coordination process. FS, BAS, and CARS (other than mobile or 
temporary fixed operations) already operate in the 7 GHz band subject 
to a formal Part 101 coordination process pursuant to which all fixed 
station applicants must provide affected licensees and contemporaneous 
applicants with 30-day prior notification and an opportunity to 
participate in frequency coordination before filing their applications 
with the Commission. Mobile and temporary fixed stations are generally 
coordinated through local SBE coordinators pursuant to the requirements 
in section 74.638(d). The Commission will require new wireless 
microphone operations in the band to coordinate their operations 
through the local SBE coordinator. It will permit licensees to 
aggregate channels in these bands for wider-band transmission. Finally, 
it will apply the same part 74 technical rules applicable to wireless 
microphones in the TV broadcast bands to their operations in these 
bands, require that wireless microphones comply with the emission masks 
in Section 8.3 of ETSI EN 300 422-1 v1.4.2 (2011-08) and will require

[[Page 71718]]

that emissions beyond +/-1 MHz from the carrier or center frequency to 
be attenuated by 90 dB.
10. Ultra-Wideband
    102. The Commission's rules for ultra-wideband (UWB) unlicensed 
devices are set forth in part 15, subpart F. Operating pursuant to the 
technical rules set forth in part 15, UWB devices can use spectrum 
occupied by existing radio services without causing harmful 
interference, thereby permitting scarce spectrum resources to be used 
more efficiently. Wireless microphones operating under these rules 
would be required to operate pursuant to the UWB rules for 
communications systems, which permit operations in the 3.1-10.6 GHz 
band. Under the UWB rules, these devices must be designed to ensure 
that operation can occur indoors only, or must consist of hand-held 
devices that may be employed for such activities as peer-to-peer 
operation. The Commission noted that at least one wireless microphone 
manufacturer has developed and markets wireless microphones that 
operate under these rules.
    103. In the NPRM, the Commission sought comment on the current and 
potential uses of UWB devices for wireless microphone applications. It 
asked whether there are there particular uses for which wireless 
microphones operating under UWB rules are well suited, such as indoor 
and/or short-range operations, and whether manufacturers are promoting 
the use of UWB wireless microphones for particular applications. 
Finally, it invited comment regarding steps that it should take to 
facilitate use of UWB devices for wireless microphone uses. It did not 
propose or seek comment on any rule revisions that would be designed to 
accommodate wireless microphone applications.
    104. While the Commission did not propose, nor is it adopting, any 
changes to these rules, it does encourage further developments that can 
enable various wireless microphone applications to meet particular 
consumers' needs. Any changes to the existing rules would require much 
more extensive technical justification and analyses, as an initial 
matter, which are not before the Commission.
11. Other Potential Bands
    105. In the NPRM, the Commission invited comment on whether there 
are other bands not currently available for wireless microphone 
operations that may be useful in helping to accommodate their needs, 
whether in the nearer term and over the longer term. In particular, the 
Commission inquired about the 2020-2025 MHz band, asking whether this 
band might be technically suitable for wireless microphone operations, 
the potential equipment availability, and other issues that would need 
to be considered. It also requested comment on how a decision to permit 
wireless microphone operations in this band would affect its earlier 
decision to allocate those five megahertz for non-federal fixed and 
mobile service, whether allowing access would be helpful in 
accommodating wireless microphone operations, and whether use of this 
band for wireless microphones would advance its spectrum management 
goals, including promoting efficient use of spectrum.
    106. The Commission declines to take any action with respect to 
2020-2025 MHz at this time. In the NPRM, it asked commenters who were 
interested in this band to address the technical suitability of this 
band for wireless microphones, to identify the potential availability 
of equipment for operations in the band, and to explain how wireless 
microphone use would be consistent with the Commission's earlier 
decision to allocate this band for non-federal fixed and mobile 
service. It also sought comment on how permitting wireless microphone 
operations would be advance spectral efficiency and other spectrum 
management goals. While certain parties express support for using this 
band for wireless microphones, the record currently before the 
Commission does not provide sufficient basis to make this spectrum 
available for wireless microphone operations at this time, particularly 
in light of the substantial steps it takes in this R&O to accommodate 
wireless microphone operations in other bands. Accordingly, while the 
Commission does not foreclose future consideration of wireless 
microphone operations in the 2020-2025 MHz band, it is not permitting 
wireless microphone access to this band at this time.

III. Procedural Matters

A. Paperwork Reduction Analysis

    107. This Report and Order contains new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. It will be submitted to the Office of 
Management and Budget (OMB) for review under section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the new or modified information collection requirements 
contained in this proceeding. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 
3506(c)(4), the Commission previously sought specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

B. Final Regulatory Flexibility Analysis

    108. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ and Initial Regulatory Flexibility Analysis (IRFA) 
was incorporated in the in the Notice of Proposed Rule Making (NPRM), 
Promoting Spectrum Access for Wireless Microphone Operations, GN Docket 
No. 14-166 and Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268.\2\ The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See Promoting Spectrum Access for Wireless Microphone 
Operations; GN Docket No. 14-166 and Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, GN 
Docket 12.268 (FCC 14-145) Notice of Proposed Rulemaking, 29 FCC Rcd 
12343, adopted September 30, 2014.
    \3\ See 5 U.S.C. 604.
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C. Need for, and Objectives of, the Report and Order

    109. In this Report and Order, we take several actions to 
accommodate wireless microphone users' needs in the coming years. Many 
types of users employ wireless microphones in a variety of settings. 
Wireless microphone operations range from professional uses, with the 
need for numerous high-performance microphones along with other 
microphones, to the need for a handheld microphone to transmit voice 
communications, to a range of different uses and needs for different 
numbers of microphones in different settings. Through these actions, we 
seek to enable wireless microphone users to have access to a suite of 
devices that operate effectively and efficiently in different spectrum 
bands and can address their respective needs.
    110. We adopt several changes in our rules for operations in the TV 
bands, where most wireless microphone operations occur today. With 
respect to the TV bands, we revise our rules to provide more 
opportunities to access spectrum by allowing greater use of the VHF 
channels and more co-channel

[[Page 71719]]

operations without the need coordination where use would not cause 
harmful interference to TV service. We also open up the licensed use of 
the duplex gap to all entities eligible to hold LPAS licenses for using 
TV band spectrum. We also will require new wireless microphones 
operating in the TV bands and certain other bands to meet the more 
efficient analog and digital ETSI standards, which will ensure more 
efficient use of the spectrum. In addition, we address consumer 
education and outreach efforts that can help consumers transition out 
of the TV band spectrum that is repurposed for wireless services, and 
equipment certification procedures that will apply to wireless 
microphones in the future. We also discuss several additional actions 
we are taking with respect to other spectrum bands currently available 
for wireless microphone operations to enable greater use of these band 
to accommodate wireless microphone uses in the future. Specifically, we 
adopt revisions to provide new opportunities in the 169-172 MHz band 
and the 944-952 MHz band. Finally, we open up three other sets of 
spectrum bands--portions of the 941-944MHz and 952-960 MHz bands, the 
1430-1525 MHz band, and the 6875-7125 MHz band--for sharing with 
licensed wireless microphone operations under specified conditions.

D. Summary of Significant Issues Raised by Public Comments in Response 
to the IFRA

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

E. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    112. Pursuant to the Small Business Jobs Act of 2010, the 
Commission is required to respond to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration, and to 
provide a detailed statement of any change made to the proposed rules 
as a result of those comments. The Chief Counsel did not file any 
comments in response to the proposed rules in this proceeding.

F. Description and Estimate of the Number of Small Entities to Which 
the Final Rules Will Apply

    113. The RFA directs agencies to provide a description of and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \5\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\6\ A small business concern is one which: 
(1) Is independently owned and operated; (2) is not dominant in its 
field of operation; and (3) satisfies any additional criteria 
established by the SBA.\7\
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    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------

    114. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size 
standards.\8\ First, nationwide, there are a total of 28.2 million 
small businesses, according to the SBA.\9\ In addition, a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
\10\ Nationwide, as of 2012, there were approximately 2,300,000 small 
organizations.\11\ Finally, the term ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand.'' \12\ Census Bureau data for 
2012 indicate that there were 90,056 local governments in the United 
States.\13\ Thus, we estimate that most governmental jurisdictions are 
small.
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    \8\ See 5 U.S.C. 601(3)-(6).
    \9\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://www.sba.gov/sites/default/files/FAQ_March_2014_0.pdf (last 
visited May 2, 2014; figures are from 2011).
    \10\ 5 U.S.C. 601(4).
    \11\ National Center for Charitable Statistics, The Nonprofit 
Almanac (2012).
    \12\ 5 U.S.C. 601(5).
    \13\ U.S. Census Bureau, Government Organization Summary Report: 
2012 (rel. Sep. 26, 2013), http://www2.census.gov/govs/cog/g12_org.pdf (last visited May 2, 2014).
---------------------------------------------------------------------------

    115. Low Power Auxiliary Station (LPAS) Licensees. Existing LPAS 
operations are intended for uses such as wireless microphones, cue and 
control communications, and synchronization of TV camera signals. These 
low power auxiliary stations transmit over distances of approximately 
100 meters.\14\ The appropriate LPAS size standard under SBA rules is 
for the category Wireless Telecommunications Carriers (except 
Satellite). The size standard for that category is that a business is 
small if it has 1,500 or fewer employees.\15\ For this category, census 
data for 2007 show that there were 1,383 firms that operated for the 
entire year.\16\ Of this total, 1,368 firms had employment of 999 or 
fewer employees and 15 had employment of 1000 employees or more.\17\ 
Thus, using this data, we estimate that the majority of wireless firms 
can be considered small. There are a total of more than 1,200 Low Power 
Auxiliary Station (LPAS) licenses in all bands and a total of over 600 
LPAS licenses in the UHF spectrum.\18\
---------------------------------------------------------------------------

    \14\ 47 CFR 74.801.
    \15\ 13 CFR 121.201 (NAICS code 517210).
    \16\ U.S. Census Bureau, Table No. EC0751SSSZ5, Information: 
Subject Series--Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 (NAICS code 517210), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5.
    \17\ Id. Available census data do not provide a more precise 
estimate of the number of firms that have employment of 1,500 or 
fewer employees; the largest category provided is for firms with 
1000 employees or more.
    \18\ FCC, Universal Licensing System (ULS), available at http://wireless.fcc.gov/uls/index.htm?job=home (last visited May 13, 2014).
---------------------------------------------------------------------------

    116. Low Power Auxiliary Device Manufacturers: Radio and Television 
Broadcasting and Wireless Communications Equipment Manufacturing. The 
Census Bureau defines this category as follows: ``This industry 
comprises establishments primarily engaged in manufacturing radio and 
television broadcast and wireless communications equipment. Examples of 
products made by these establishments are: Transmitting and receiving 
antennas, cable television equipment, GPS equipment, pagers, cellular 
phones, mobile communications equipment, and radio and television 
studio and broadcasting equipment.'' \19\ The SBA has developed a small 
business size standard for Radio and Television Broadcasting and 
Wireless Communications Equipment Manufacturing, which is: All such 
firms having 750 or fewer employees.\20\ According to Census Bureau 
data for 2007, there were a total of 939 establishments in this 
category that

[[Page 71720]]

operated for the entire year.\21\ Of this total, 912 establishments had 
employment of less than 500, and an additional 10 establishments had 
employment of 500 to 999.\22\ Thus, under this size standard, the 
majority of firms can be considered small.
---------------------------------------------------------------------------

    \19\ U.S. Census Bureau, 2012 NAICS Definitions: 334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334220&search=2012 (last visited May 6, 2014).
    \20\ 13 CFR 121.201, NAICS code 334220.
    \21\ U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334220), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3. The number of 
``establishments'' is a less helpful indicator of small business 
prevalence in this context than would be the number of ``firms'' or 
``companies,'' because the latter take into account the concept of 
common ownership or control. Any single physical location for an 
entity is an establishment, even though that location may be owned 
by a different establishment. Thus, the numbers given may reflect 
inflated numbers of businesses in this category, including the 
numbers of small businesses.
    \22\ Id. An additional 17 establishments had employment of 1,000 
or more.
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    117. Low Power Auxiliary Device Manufacturers: Other Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing communications equipment (except telephone apparatus, and 
radio and television broadcast, and wireless communications 
equipment).'' \23\ The SBA has developed a small business size standard 
for Other Communications Equipment Manufacturing, which is: All such 
firms having 750 or fewer employees.\24\ According to Census Bureau 
data for 2007, there were a total of 452 establishments in this 
category that operated for the entire year.\25\ Of this total, 448 
establishments had employment below 500, and an additional 4 
establishments had employment of 500 to 999.\26\ Thus, under this size 
standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \23\ U.S. Census Bureau, 2012 NAICS Definitions: 334290 Other 
Communications Equipment Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334290&search=2012 (last visited May 6, 
2014).
    \24\ 13 CFR 121.201, NAICS code 334290.
    \25\ U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334290), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3&prodType=table (last visited 
May 6, 2014). The number of ``establishments'' is a less helpful 
indicator of small business prevalence in this context than would be 
the number of ``firms'' or ``companies,'' because the latter take 
into account the concept of common ownership or control. Any single 
physical location for an entity is an establishment, even though 
that location may be owned by a different establishment. Thus, the 
numbers given may reflect inflated numbers of businesses in this 
category, including the numbers of small businesses.
    \26\ Id. There were no establishments that had employment of 
1,000 or more.
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    118. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' \27\ The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $38.5 million or less in annual receipts.\28\ The 
Commission has estimated the number of licensed commercial television 
stations to be 1,388.\29\ In addition, according to Commission staff 
review of the BIA Advisory Services, LLC's Media Access Pro Television 
Database on March 28, 2012, about 950 of an estimated 1,300 commercial 
television stations (or approximately 73 percent) had revenues of $14 
million or less.\30\ We therefore estimate that the majority of 
commercial television broadcasters are small entities.
---------------------------------------------------------------------------

    \27\ U.S. Census Bureau, 2012 NAICS Definitions: 515120 
Television Broadcasting, (partial definition), http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515120&search=2012 
(last visited May 6, 2014).
    \28\ 13 CFR 121.201 (NAICS code 515120) (updated for inflation 
in 2010).
    \29\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
    \30\ We recognize that BIA's estimate differs slightly from the 
FCC total given.
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    119. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included.\31\ Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action because the revenue figure on which it is based does not include 
or aggregate revenues from affiliated companies. In addition, an 
element of the definition of ``small business'' is that the entity not 
be dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
television station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive to that extent.
---------------------------------------------------------------------------

    \31\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has to power to control both.'' 13 CFR 
21.103(a)(1).
---------------------------------------------------------------------------

    120. In addition, the Commission has estimated the number of 
licensed noncommercial educational (NCE) television stations to be 
396.\32\ These stations are non-profit, and therefore considered to be 
small entities.\33\
---------------------------------------------------------------------------

    \32\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
    \33\ See generally 5 U.S.C. 601(4), (6).
---------------------------------------------------------------------------

    121. There are also 2,414 low power television stations, including 
Class A stations and 4,046 television translator stations.\34\ Given 
the nature of these services, we will presume that all of these 
entities qualify as small entities under the above SBA small business 
size standard.
---------------------------------------------------------------------------

    \34\ See FCC News Release, Broadcast Station Totals as of 
December 31, 2013 (rel. January 8, 2014), http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0108/DOC-325039A1.pdf.
---------------------------------------------------------------------------

    122. Cable Television Distribution Services. Since 2007, these 
services have been defined within the broad economic census category of 
Wired Telecommunications Carriers; that category is defined as follows: 
``This industry comprises establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies.'' \35\ The SBA has developed a small business size 
standard for this category, which is: All such firms having 1,500 or 
fewer employees.\36\ Census data for 2007 shows that there were 3,188 
firms that operated for the duration of that year.\37\ Of those, 3,144 
had fewer than 1,000 employees, and 44 firms had more than 1,000 
employees. Thus under this category and the associated small business 
size standard, the majority of such firms can be considered small.
---------------------------------------------------------------------------

    \35\ U.S. Census Bureau, 2012 NAICS Definitions: 517110 Wired 
Telecommunications Carriers, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517110&search=2012 (last visited May 5, 2014).
    \36\ U.S. Small Business Administration, Table of Small Business 
Size Standards Matched to North American Industry Classification 
System Codes, at 28 (2014), http://www.sba.gov/sites/default/files/files/size_table_01222014.pdf.
    \37\ See U.S. Census Bureau, American FactFinder, 2007 Economic 
Census of the United States, Table No. EC0751SSSZ5, Establishment 
and Firm Size: Employment Size of Firms for the United States: 2007, 
NAICS code 517110, http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5 
(last visited May 7, 2014).
---------------------------------------------------------------------------

    123. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small

[[Page 71721]]

cable company'' is one serving 400,000 or fewer subscribers, 
nationwide.\38\ Industry data indicate that of approximately 1,100 
cable operators nationwide, all but ten are small under this size 
standard.\39\ In addition, under the Commission's rules, a ``small 
system'' is a cable system serving 15,000 or fewer subscribers.\40\ 
Current Commission records show 4,945 cable systems nationwide.\41\ Of 
this total, 4,380 cable systems have fewer than 20,000 subscribers, and 
565 systems have 20,000 or more subscribers, based on the same records. 
Thus, under this standard, we estimate that most cable systems are 
small entities.
---------------------------------------------------------------------------

    \38\ 47 CFR 76.901(e). The Commission determined that this size 
standard equates approximately to a size standard of $100 million or 
less in annual revenues. Implementation of Sections of the 1992 
Cable Act: Rate Regulation, Sixth Report and Order and Eleventh 
Order on Reconsideration, 10 FCC Rcd 7393, 7408 (1995).
    \39\ Industry Data, National Cable & Telecommunications 
Association, https://www.ncta.com/industry-data (last visited May 6, 
2014); R.R. Bowker, Broadcasting & Cable Yearbook 2010, ``Top 25 
Cable/Satellite Operators,'' p. C-2 (data current as of December, 
2008).
    \40\ 47 CFR 76.901(c).
    \41\ The number of active, registered cable systems comes from 
the Commission's Cable Operations and Licensing System (COALS) 
database on Aug. 28, 2013. A cable system is a physical system 
integrated to a principal headend.
---------------------------------------------------------------------------

    124. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' \42\ The Commission has determined that an operator 
serving fewer than 677,000 subscribers shall be deemed a small 
operator, if its annual revenues, when combined with the total annual 
revenues of all its affiliates, do not exceed $250 million in the 
aggregate.\43\ Industry data indicate that of approximately 1,100 cable 
operators nationwide, all but ten are small under this size 
standard.\44\ We note that the Commission neither requests nor collects 
information on whether cable system operators are affiliated with 
entities whose gross annual revenues exceed $250 million,\45\ and 
therefore we are unable to estimate more accurately the number of cable 
system operators that would qualify as small under this size standard.
---------------------------------------------------------------------------

    \42\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn. 1-3.
    \43\ 47 CFR 76.901(f); see Public Notice, FCC Announces New 
Subscriber Count for the Definition of Small Cable Operator, DA 01-
158 (Cable Services Bureau, Jan. 24, 2001).
    \44\ R.R. Bowker, Broadcasting & Cable Yearbook 2006, ``Top 25 
Cable/Satellite Operators,'' pages A-8 & C-2 (data current as of 
June 30, 2005); Warren Communications News, Television & Cable 
Factbook 2006, ``Ownership of Cable Systems in the United States,'' 
pp. D-1805 to D-1857.
    \45\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to 76.901(f) of the Commission's rules. See 47 CFR 
76.909(b).
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    125. Direct Broadcast Satellite (``DBS'') Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. DBS, by exception, is now included in the 
SBA's broad economic census category, Wired Telecommunications 
Carriers,\46\ which was developed for small wireline firms. Under this 
category, the SBA deems a wireline business to be small if it has 1,500 
or fewer employees.\47\ To gauge small business prevalence for the DBS 
service, the Commission relies on data currently available from the 
U.S. Census for the year 2007. According to that source, there were 
3,188 firms that in 2007 were Wired Telecommunications Carriers. Of 
these, 3,144 operated with less than 1,000 employees, and 44 operated 
with more than 1,000 employees. However, as to the latter 44 there is 
no data available that shows how many operated with more than 1,500 
employees. Based on this data, the majority of these firms can be 
considered small.\48\ Currently, only two entities provide DBS service, 
which requires a great investment of capital for operation: DIRECTV and 
EchoStar Communications Corporation (``EchoStar'') (marketed as the 
DISH Network).\49\ Each currently offers subscription services. DIRECTV 
\50\ and EchoStar \51\ each report annual revenues that are in excess 
of the threshold for a small business. Because DBS service requires 
significant capital, we believe it is unlikely that a small entity as 
defined by the SBA would have the financial wherewithal to become a DBS 
service provider.
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    \46\ See 13 CFR 121.201 (NAICS code 517110).
    \47\ Id.
    \48\ See U.S. Census Bureau, Table No. EC0751SSSZ5, Information: 
Subject Series--Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 (NAICS code 517110), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5.
    \49\ See Annual Assessment of the Status of Competition in the 
Market for the Delivery of Video Programming, Fifteenth Annual 
Report, MB Docket No. 12-203, 28 FCC Rcd 10496, 10507, para. 27 
(2013) (``15th Annual Report'').
    \50\ As of June 2012, DIRECTV is the largest DBS operator and 
the second largest MVPD, serving an estimated 19.8% of MVPD 
subscribers nationwide. See 15th Annual Report, 28 FCC Rcd at 687, 
Table B-3.
    \51\ As of June 2012, DISH Network is the second largest DBS 
operator and the third largest MVPD, serving an estimated 13.01% of 
MVPD subscribers nationwide. Id. As of June 2006, Dominion served 
fewer than 500,000 subscribers, which may now be receiving ``Sky 
Angel'' service from DISH Network. See id. at 581, para. 76.
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    126. Cable and Other Subscription Programming. This industry 
comprises establishments primarily engaged in operating studios and 
facilities for the broadcasting of programs on a subscription or fee 
basis. The broadcast programming is typically narrowcast in nature 
(e.g., limited format, such as news, sports, education, or youth-
oriented). These establishments produce programming in their own 
facilities or acquire programming. The programming material is usually 
delivered to a third party, such as cable systems or direct-to-home 
satellite systems, for transmission to viewers.\52\ The SBA size 
standard for this industry establishes as small any company in this 
category which receives annual receipts of $38.5 million or less.\53\ 
Based on U.S. Census data for 2007, a total of 659 establishments 
operated for the entire year.\54\ Of that 659, 197 operated with annual 
receipts of $10 million or more. The remaining 462 establishments 
operated with annual receipts of less than $10 million. Based on this 
data, the Commission estimates that the majority of establishments 
operating in this industry are small.
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    \52\ U.S. Census Bureau, 2012 NAICS Definitions: 515210 Cable 
and Other Subscription Programming, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515210&search=2012 (last visited Mar. 6, 
2014).
    \53\ See 13 CF R section 121.201 (NAICS code 515210).
    \54\ See U.S. Census Bureau, Table No. EC0751SSSZ1, Information: 
Subject Series--Establishment and Firm Size: Receipts Size of 
Establishments for the United States: 2007 (NAICS code 515210), 
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ1.
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    127. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting

[[Page 71722]]

equipment.'' \55\ The SBA has developed a small business size standard 
for Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing, which is: All such firms having 750 or fewer 
employees.\56\ According to Census Bureau data for 2007, there were a 
total of 939 establishments in this category that operated for part or 
all of the entire year. Of this total, 912 had less than 500 employees 
and 17 had more than 1000 employees.\57\ Thus, under that size 
standard, the majority of firms can be considered small.
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    \55\ U.S. Census Bureau, 2012 NAICS Definitions: 334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334220&search=2012 (last visited Mar. 6, 2014).
    \56\ 13 CFR 121.201 (NAICS code 334220).
    \57\ See U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334220), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3.
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    128. Audio and Video Equipment Manufacturing. The SBA has 
classified the manufacturing of audio and video equipment under in 
NAICS Codes classification scheme as an industry in which a 
manufacturer is small if it has fewer than 750 employees.\58\ Data 
contained in the 2007 U.S. Census indicate that 492 establishments 
operated in that industry for all or part of that year. In that year, 
488 establishments had fewer than 500 employees; and only 1 had more 
than 1000 employees.\59\ Thus, under the applicable size standard, a 
majority of manufacturers of audio and video equipment may be 
considered small.
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    \58\ 13 CFR 121.201 (NAICS code 334310).
    \59\ See U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334310), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3.
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    129. Wireless Telecommunications Carriers (except satellite). The 
Census Bureau defines this category as follows: ``This industry 
comprises establishments engaged in operating and maintaining switching 
and transmission facilities to provide communications via the airwaves. 
Establishments in this industry have spectrum licenses and provide 
services using that spectrum, such as cellular phone services, paging 
services, wireless Internet access, and wireless video services.'' \60\ 
The appropriate size standard under SBA rules is for the category 
Wireless Telecommunications Carriers (except Satellite). The size 
standard for that category is that a business is small if it has 1,500 
or fewer employees.\61\ For this category, census data for 2007 show 
that there were 1,383 firms that operated for the entire year.\62\ Of 
this total, 1,368 firms had employment of 999 or fewer employees and 15 
had employment of 1000 employees or more.\63\ Similarly, according to 
Commission data, 413 carriers reported that they were engaged in the 
provision of wireless telephony, including cellular service, PCS, and 
Specialized Mobile Radio (``SMR'') Telephony services.\64\ Of these, an 
estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees.\65\ Consequently, the Commission estimates that 
approximately half or more of these firms can be considered small. 
Thus, using available data, we estimate that the majority of wireless 
firms can be considered small.
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    \60\ U.S. Census Bureau, 2012 NAICS Definitions: 517210 Wireless 
Telecommunications Carriers (except Satellite), http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2012 
(last visited Mar. 6, 2014).
    \61\ 13 CFR 121.201 (NAICS code 517210).
    \62\ U.S. Census Bureau, Table No. EC0751SSSZ5, Information: 
Subject Series--Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 (NAICS code 517210), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5.
    \63\ Id. Available census data do not provide a more precise 
estimate of the number of firms that have employment of 1,500 or 
fewer employees; the largest category provided is for firms with 
1000 employees or more.
    \64\ See Trends in Telephone Service at Table 5.3.
    \65\ See id.
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    130. Manufacturers of unlicensed devices. In the context of this 
FRFA, manufacturers of part 15 unlicensed devices that are operated in 
the UHF-TV band (channels 14-51) for wireless data transfer fall into 
the category of Radio and Television and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \66\ The SBA has developed the small business 
size standard for this category as firms having 750 or fewer 
employees.\67\ According to Census Bureau data for 2007, there were a 
total of 939 establishments in this category that operated for the 
entire year.\68\ Of this total, 912 had less than 500 employees and 17 
had more than 1000 employees. Thus, under that size standard, the 
majority of firms can be considered small.
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    \66\ U.S. Census Bureau, 2012 NAICS Definitions: 334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=334220&search=2012 (last visited Mar. 6, 2014).
    \67\ 13 CFR 121.201 (NAICS code 334220).
    \68\ U.S. Census Bureau, Table No. EC0731SG3, Manufacturing: 
Summary Series: General Summary: Industry Statistics for Subsectors 
and Industries by Employment Size: 2007 (NAICS code 334220), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_31SG3.
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    131. Personal Radio Services/Wireless Medical Telemetry Service 
(``WMTS''). Personal radio services provide short-range, low power 
radio for personal communications, radio signaling, and business 
communications not provided for in other services. The Personal Radio 
Services include spectrum licensed under part 95 of our rules.\69\ 
These services include Citizen Band Radio Service (``CB''), General 
Mobile Radio Service (``GMRS''), Radio Control Radio Service (``R/C''), 
Family Radio Service (``FRS''), Wireless Medical Telemetry Service 
(``WMTS''), Medical Implant Communications Service (``MICS''), Low 
Power Radio Service (``LPRS''), and Multi-Use Radio Service 
(``MURS'').\70\ There are a variety of methods used to license the 
spectrum in these rule parts, from licensing by rule, to conditioning 
operation on successful completion of a required test, to site-based 
licensing, to geographic area licensing. Under the RFA, the Commission 
is required to make a determination of which small entities are 
directly affected by the rules adopted. Since all such entities are 
wireless, we apply the definition of Wireless Telecommunications 
Carriers (except Satellite), pursuant to which a small entity is 
defined as employing 1,500 or fewer persons.\71\ For this category, 
census data for 2007 show that there were 1,383 firms that operated for 
the entire year.\72\ Of this total, 1,368 firms had employment of 999 
or fewer

[[Page 71723]]

employees and 15 had employment of 1000 employees or more.\73\ Thus 
under this category and the associated small business size standard, 
the Commission estimates that the majority of personal radio service 
and WMTS providers are small entities.
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    \69\ 47 CFR part 95.
    \70\ The Citizens Band Radio Service, General Mobile Radio 
Service, Radio Control Radio Service, Family Radio Service, Wireless 
Medical Telemetry Service, Medical Implant Communications Service, 
Low Power Radio Service, and Multi-Use Radio Service are governed by 
subpart D, subpart A, subpart C, subpart B, subpart H, subpart I, 
subpart G, and subpart J, respectively, of part 95 of the 
Commission's rules. See generally 47 CFR part 95.
    \71\ 13 CFR 121.201 (NAICS Code 517210).
    \72\ U.S. Census Bureau, Table No. EC0751SSSZ5, Information: 
Subject Series--Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 (NAICS code 517210), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5.
    \73\ Id. Available census data do not provide a more precise 
estimate of the number of firms that have employment of 1,500 or 
fewer employees; the largest category provided is for firms with 
1000 employees or more.
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    132. However, we note that many of the licensees in these services 
are individuals, and thus are not small entities. In addition, due to 
the mostly unlicensed and shared nature of the spectrum utilized in 
many of these services, the Commission lacks direct information upon 
which to base a more specific estimation of the number of small 
entities under an SBA definition that might be directly affected by our 
action.
    133. Motion Picture and Video Production. The Census Bureau defines 
this category as follows: ``This industry comprises establishments 
primarily engaged in producing, or producing and distributing motion 
pictures, videos, television programs, or television commercials.'' 
\74\ The SBA has developed a small business size standard for this 
category, which is: All such businesses having $30 million dollars or 
less in annual receipts.\75\ Census data for 2007 show that there were 
9,478 establishments that operated that year.\76\ Of that number, 9,128 
had annual receipts of $24,999,999 or less, and 350 had annual receipts 
ranging from not less than $25,000,000 to $100,000,000 or more.\77\ 
Thus, under this size standard, the majority of such businesses can be 
considered small entities.
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    \74\ U.S. Census Bureau, 2012 NAICS Definitions: 512110 Motion 
Picture and Video Production, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=512110&search=2012 (last visited Mar. 6, 2014).
    \75\ 13 CFR 121.201, 2012 NAICS code 512110.
    \76\ U.S. Census Bureau, Table No. EC0751SSSZ5, Information: 
Subject Series--Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 (NAICS code 512110), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5.
    \77\ See id.
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    134. Radio Broadcasting. The SBA defines a radio broadcast station 
as a small business if such station has no more than $38.5 million in 
annual receipts.\78\ Business concerns included in this industry are 
those ``primarily engaged in broadcasting aural programs by radio to 
the public.'' \79\ According to review of the BIA Publications, Inc. 
Master Access Radio Analyzer Database as of November 26, 2013, about 
11,331 (or about 99.9 percent) of 11,341 commercial radio stations have 
revenues of $35.5 million or less and thus qualify as small entities 
under the SBA definition. The Commission notes, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations \80\ must be included. This 
estimate, therefore, likely overstates the number of small entities 
that might be affected, because the revenue figure on which it is based 
does not include or aggregate revenues from affiliated companies.
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    \78\ 13 CFR 121.201, 2012 NAICS code 515112.
    \79\ U.S. Census Bureau, 2012 NAICS Definitions: 515112 Radio 
Broadcasting, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=515112&search=2012 (last visited Mar. 6, 2014).
    \80\ See n.14.
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    135. In addition, an element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific radio station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also, as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    136. Radio, Television, and Other Electronics Stores. The Census 
Bureau defines this economic census category as follows: ``This U.S. 
industry comprises: (1) establishments known as consumer electronics 
stores primarily engaged in retailing a general line of new consumer-
type electronic products such as televisions, computers, and cameras; 
(2) establishments specializing in retailing a single line of consumer-
type electronic products; (3) establishments primarily engaged in 
retailing these new electronic products in combination with repair and 
support services; (4) establishments primarily engaged in retailing new 
prepackaged computer software; and/or (5) establishments primarily 
engaged in retailing prerecorded audio and video media, such as CDs, 
DVDs, and tapes.'' \81\ The SBA has developed a small business size 
standard for Electronic Stores, which is: All such firms having $32.5 
million or less in annual receipts.\82\ According to Census Bureau data 
for 2007, there were 11,358 firms in this category that operated for 
the entire year.\83\ Of this total, 11,323 firms had annual receipts of 
under $25 million, and 35 firms had receipts of $25 million or more but 
less than $50 million.\84\ Thus, the majority of firms in this category 
can be considered small.
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    \81\ U.S. Census Bureau, 2012 NAICS Definitions, 443142 
Electronics, http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=443142&search=2012 NAICS Search (last visited May 6, 
2014).
    \82\ 13 CFR 121.201, NAICS code 443142.
    \83\ U.S. Census Bureau, 2007 Economic Census, Subject Series: 
Retail Trade, Estab & Firm Size: Summary Statistics by Sales Size of 
Firms for the United States: 2007, NAICS code 443142 (released 
2010), http://www2.census.gov/econ2007/EC/sector44/EC0744SSSZ4.zip 
(last visited May 7, 2014). Though the current small business size 
standard for electronic store receipts is $30 million or less in 
annual receipts, in 2007 the small business size standard was $9 
million or less in annual receipts. In 2007, there were 11,214 firms 
in this category that operated for the entire year. Of this total, 
10,963 firms had annual receipts of under $5 million, and 251 firms 
had receipts of $5 million or more but less than $10 million. Id.
    \84\ Id. An additional 33 firms had annual receipts of $50 
million or more.
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G. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    137. In this proceeding, we invited comment on potential revisions 
to the existing rules for part 74 wireless microphone (and other LPAS) 
operations in the spectrum that will remain allocated for TV services 
following the repacking process. Specifically, we invited comment on 
revisions to the technical rules for LPAS operations on the VHF band; 
on permitting licensed LPAS operations on channels in locations closer 
to the television stations (including within the DTV contour), without 
the need for coordination, provided that the television signal falls 
below specified technical thresholds; on adoption of the ETSI emission 
mask standard for analog and digital wireless microphones; and general 
comment on other potential revisions concerning licensed LPAS 
operations in the TV bands.
    138. We understand the importance of the 944-952 MHz band for 
broadcasters as well as other licensed, professional wireless 
microphone users. Consistent with this record and in accord with 
adoption of the ETSI standard for LPAS devices in the TV bands. we also 
adopt the ETSI standards EN 300 422-1, section 8.3.1.2 for analog 
emissions and section 8.3.2.2 for digital emissions uniformly for 
future wireless microphones that will use this band--applying these 
revised standards to new

[[Page 71724]]

equipment certified under part 74 in the 944-952 MHz band 9 months 
after issuance of the Channel Reassignment PN, consistent with the 
requirements for new equipment certified for LPAS devices that operate 
in the TV bands. Further, we expand eligibility for operations in the 
944-952 MHz band to include all entities currently eligible to hold 
LPAS licenses for operation in the TV bands, which should help address 
the need for additional spectrum outside of the TV bands for this 
entire group of licensed users.
    139. Licensed LPAS users operating in the 944-952 MHz band (as in 
the TV bands) are subject to the frequency selection requirements 
contained in section 74.803 of our rules.\85\ SBE runs a local 
frequency coordination program for this band and asserts its 
coordination would have to be mandatory in order to avoid interference 
among different licensees.\86\ Accordingly, we will also require 
wireless microphone users seeking access to this band to coordinate 
their proposed use through the local SBE coordinator.\87\
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    \85\ See 47 CFR 74.803.
    \86\ SBE Comments at 13.
    \87\ These processes are described on SBE's Web site. See The 
Society of Broadcast Engineers, Frequency Coordination, http://www.sbe.org/sections/freq_local.php.
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    140. Consumer Outreach. We find that several means should be 
employed to provide as much notice as possible to users of the need to 
clear the 600 MHz Band of wireless microphones. We direct CGB, working 
with WTB and OET, to establish a Web page on the Commission's Web site, 
and prepare and release consumer publications, including a Consumer 
Fact Sheet and answers to Frequently Asked Questions (FAQs), that 
inform the public of our decisions affecting wireless microphone 
operations in the repurposed 600 MHz Band and the guard bands, as set 
forth in the Incentive Auction R&O, this R&O, and the Part 15 Report 
and Order.\88\ We further direct Commission staff to identify and 
contact organizations that represent entities that are known to be 
users of wireless microphones in the 600 MHz Band, including groups 
that represent theaters, houses of worship, and sporting venues. We 
will inform these entities of our decisions affecting wireless 
microphone operations in the repurposed spectrum and available 
resources for information on options for wireless microphone use going 
forward.
---------------------------------------------------------------------------

    \88\ See part 15 Report and Order, section [__] (discussing 
requirements relating to unlicensed wireless microphones).
---------------------------------------------------------------------------

    141. Further, we expect all manufacturers of wireless microphones 
to make significant efforts to ensure that all users of such equipment 
capable of operating in the 600 MHz Band are fully informed of the 
decisions affecting them, as set forth in the Incentive Auction R&O, 
this Report and Order, and the Part 15 Report and Order. Specifically, 
we expect these manufacturers, at a minimum, to ensure that these users 
are informed of the need to clear the 600 MHz Band. Manufacturers also 
should inform users of wireless microphones that they may continue to 
operate in the 600 MHz Band until the end of the post-auction 
transition period, but only subject to the conditions set forth in 
these orders, including the early clearing mechanisms. Further, we 
expect all manufacturers to contact dealers, distributors, and anyone 
else who has purchased wireless microphones, and inform them of our 
decisions to help clear the 600 MHz Band. Manufacturers should also 
provide information on these decisions to any users that have filed 
warranty registrations for 600 MHz Band equipment with the 
manufacturer. We also expect manufacturers to post this information on 
their Web sites and include it in all of their sales literature.
    142. In addition, we urge all manufacturers to offer rebates and 
trade-in programs for any 600 MHz Band wireless microphones, and widely 
publicize these programs to ensure that all users of wireless 
microphones are fully informed. To the extent manufacturers do not 
offer a rebate or trade-in program for 600 MHz Band wireless 
microphones, we strongly encourage them to create or re-establish such 
programs. In contacting dealers and distributors, we expect 
manufacturers to inform these entities that they should: (1) Inform all 
customers who have purchased wireless microphones that are capable of 
operating in the 600 MHz Band of our decision to clear the 600 MHz Band 
of such devices; (2) post such information on their Web sites; (3) 
include this information in all other sales literature; (4) provide 
information in sales literature, including on their Web sites, on the 
availability of any manufacturer rebate offerings and trade-in programs 
related to wireless microphones operating in the 600 MHz Band; and (5) 
comply with the disclosure requirements that we are adopting in this 
Report and Order.
    143. Disclosure Requirement. We require anyone selling, leasing, or 
offering for sale or lease wireless microphones that operate in the 600 
MHz Band to provide certain written disclosures to consumers, pursuant 
to section 302. These entities must display the Consumer Disclosure, 
the text of which will be developed by Commission staff, at the point 
of sale or lease,\89\ in a clear, conspicuous, and readily legible 
manner. In addition, the Consumer Disclosure must be displayed on the 
Web site of the manufacturer (even in the event the manufacturer does 
not sell wireless microphones directly to the public) and of dealers, 
distributors, retailers, and anyone else selling or leasing the 
devices. We delegate 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, 
following issuance of the Channel Reassignment PN, that must be used in 
the Consumer Disclosure and publish it in the Federal Register. As 
discussed above, there is more than one way in which the point-of-sale 
Consumer Disclosure may be provided to potential purchasers or lessees 
of wireless microphones, but each of them must satisfy all the 
requirements noted above, including that the disclosure be provided in 
writing at the point of sale in a clear, conspicuous, and readily 
legible manner. One way to fulfill this disclosure requirement would be 
to display the Consumer Disclosure in a prominent manner on the product 
box by using a label (either printed onto the box or otherwise affixed 
to the box), a sticker, or other means. Another way to fulfill the 
disclosure requirement would be to display the text immediately 
adjacent to each wireless microphone offered for sale or lease and 
clearly associated with the model to which it pertains. For wireless 
microphones offered online or via direct mail or catalog, the 
disclosure must be prominently displayed in close proximity to the 
images and descriptions of each wireless microphone. We will require 
manufacturers, dealers, distributors, and other entities that sell or 
lease wireless microphones for operation in the 600 MHz Band to comply 
with the disclosure requirements no later than three months following 
issuance of the Channel Reassignment PN, and we encourage these 
entities to provide consumers with the required information 
earlier.\90\
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    \89\ By ``point of sale or lease'' we mean the place or Web site 
where wireless microphones are displayed or offered for consumers to 
purchase or lease.
    \90\ This disclosure requirement requires approval from the 
Office of Management and Budget (OMB) as a new information 
collection under the Paperwork Reduction Act (PRA). We anticipate 
approval of the requirement shortly following publication of a 
summary of this Report and Order in the Federal Register, 
sufficiently in advance of the date by which the disclosure 
requirement goes into effect.

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[[Page 71725]]

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

    144. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\91\
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    \91\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    145. The rule revisions that we are adopting provide additional 
opportunities for licensed wireless microphone users, both in frequency 
bands in which they currently operate and in additional frequency 
bands. The majority of these changes are permissive, meaning that 
wireless microphone manufacturers may choose to incorporate new 
capabilities in future devices. We adopt rules to establish cutoff 
dates for the certification, manufacturing and marketing of licensed 
wireless microphones in the 600 MHz band repurposed for wireless 
services following the incentive auction. We will no longer accept 
applications to certify licensed wireless microphones that operate in 
the 600 MHz band nine months after the release of the Channel 
Reassignment PN or no later than 24 months after the effective date of 
the new rules, whichever occurs first. We will require that 
manufacturing and marketing of all licensed wireless microphones that 
would not comply with the 600 MHz Band cease 18 months after release of 
the Channel Reassignment PN or no later than 33 months after the 
effective date of the new rules, whichever occurs first.
    Report to Congress: The Commission will send a copy of the Report 
and Order, including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act.\92\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.\93\
---------------------------------------------------------------------------

    \92\ See 5 U.S.C. 801(a)(1)(A).
    \93\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------

    146. The Office of Federal Register (OFR) recently revised the 
regulations to require that agencies must discuss in the preamble of 
the rule ways that the materials the agency incorporates by reference 
are reasonably available to interested persons and how interested 
parties can obtain the materials. In addition, the preamble of the rule 
must summarize the material. 1 CFR 51.5(b). In accordance with OFR's 
requirements, the discussion in this section summarizes ETSI standard. 
The following document is available from the European 
Telecommunications Standards Institute, 650 Route des Lucioles, F-06921 
Sophia Antipolis Cedex, France, or at http://www.etsi.org/deliver/etsi_en/3004000_300499/30042201/01.04.02_60/en_30042201v01010402p.pdf. 
``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, August 2011, IBR approved for section 15.236(g).'' This 
standard requires wireless microphones to meet certain emission 
requirements which will protect authorized services in adjacent bands 
from harmful interference, and will improve spectrum sharing by 
wireless microphones.
    Congressional Review Act: The Commission will send a copy of this 
Report and Order to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

IV. Ordering Clauses

    147. 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), this Report and Order is adopted.
    148. 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.
    149. The rules adopted herein will become effective December 17, 
2015, except for sections 15.37(k) and 74.851(l), which contain new or 
modified information collection requirements that require 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.
    150. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    151. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), and section 1.925 of the Commission's rules, 
47 CFR 1.925, that the waiver request filed on July 16, 2009 and 
revised on September 23, 2009 by the Nuclear Energy Institute and the 
United Telecom Council for waiver of parts 2 and 90 of the Commission's 
rules IS DISMISSED AS MOOT IN PART as set forth in the Order and 
otherwise denied.
    152. Pursuant to section 5(c) of the Communications Act of 1934, as 
amended, 47 U.S.C. prepare the specific language that must be used in 
the Consumer Disclosure, as set forth in this Report 47

List of Subjects

47 CFR Part 2

    Communication equipment and Reporting and recordkeeping 
requirements.

47 CFR Part 15

    Communications equipment, Incorporation by reference, and Reporting 
and recordkeeping requirements.

47 CFR Part 74

    Communication equipment, Education, Incorporation by reference, and 
Report and recordkeeping requirements.

47 CFR Part 87

    Commination equipment and Reporting and recordkeeping requirements.

47 CFR Part 90

    Communication equipment, Incorporation by reference, Reporting and 
recordkeeping requirements.

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:


[[Page 71726]]


    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. Page 33 is revised.
0
b. In the list of United States (US) Footnotes, footnote US84 is added.


Sec.  2.106  Table of Frequency Allocations.

    The revision and addition read as follows:
* * * * *
BILLING CODE 6712-01-P

[[Page 71727]]

[GRAPHIC] [TIFF OMITTED] TR17NO15.000


[[Page 71728]]


BILLING CODE 6712-01-C

United States (US) Footnotes

* * * * *
    US84 In the band 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.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

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

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


0
4. Section 15.37 is amended by adding reserved paragraphs (i) and (j) 
and adding paragraph (k) to read as follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (i) [Reserved]
    (j) [Reserved]
    (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, three months following issuance 
of the Channel Reassignment Public Notice, as defined in section 
73.3700(a)(2) of this chapter, is subject to the following disclosure 
requirements:
    (1) Such persons must display the consumer disclosure text, as 
specified by the Consumer and Governmental Affairs Bureau, at the point 
of sale or lease of each such unlicensed wireless microphone. The text 
must be displayed in a clear, conspicuous, and readily legible manner. 
One way to fulfill the requirement in this section is to display the 
consumer disclosure text in a prominent manner on the product box by 
using a label (either printed onto the box or otherwise affixed to the 
box), a sticker, or other means. Another way to fulfill this 
requirement is to display the text immediately adjacent to each 
unlicensed wireless microphone offered for sale or lease and clearly 
associated with the model to which it pertains.
    (2) If such persons offer such unlicensed wireless microphones via 
direct mail, catalog, or electronic means, they shall prominently 
display the consumer disclosure text in close proximity to the images 
and descriptions of each such unlicensed wireless microphone. The text 
should be in a size large enough to be clear, conspicuous, and readily 
legible, consistent with the dimensions of the advertisement or 
description.
    (3) If such persons have Web sites pertaining to these unlicensed 
wireless microphones, the consumer disclosure text must be displayed 
there in a clear, conspicuous, and readily legible manner (even in the 
event such persons do not sell unlicensed wireless microphones directly 
to the public).
    (4) The consumer disclosure text described in paragraph (k)(1) of 
this section is set forth as an appendix to this section.
* * * * *


Sec.  15.216  [Removed and Reserved]

0
5. Section 15.216 is removed and reserved.

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

0
6. The authority citation for part 74 continues to read as follows:

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


0
7. Section 74.801 is amended by adding in alphabetical order 
definitions for ``600 MHz duplex gap,'' . ``600 MHz guard bands,'' 
``600 MHz service band,'' and ``Spectrum Act'' to read as follows:


Sec.  74.801  Definitions

    600 MHz duplex gap. An 11 megahertz guard band that separates part 
27 600 MHz service uplink and downlink frequencies, in accordance with 
the terms and conditions established in GN Docket No. 12-268, pursuant 
to section 6403 of the Spectrum Act.
    600 MHz guard bands. Designated frequency bands that prevent 
interference between licensed services in the 600 MHz service band and 
either the television bands or channel 37, in accordance with the terms 
and conditions established in GN Docket No. 12-268, pursuant to section 
6403 of the Spectrum Act.
    600 MHz service band. Frequencies that will be reallocated and 
reassigned for 600 MHz band services as determined by the outcome of 
the auction conducted pursuant to part 27, in accordance with the terms 
and conditions established in GN Docket No. 12-268, pursuant to section 
6403 of the Spectrum Act

    Note to definitions of 600 MHz duplex gap, 600 MHz guard bands, 
and 600 MHz service band:
    The specific frequencies will be determined in light of further 
proceedings pursuant to GN Docket No. 12-268 and the rules will be 
updated accordingly pursuant to a future public notice.

* * * * *
    Spectrum Act. Title VI of the Middle Class Tax Relief and Job 
Creation Act of 2012 (Pub. L. 112-96).
* * * * *

0
8. Section 74.802 is amended by revising paragraphs (a) and (b)(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
941.500-952.000 MHz
952.850-956.250 MHz
956.45-959.85 MHz
1435-1525 MHz
6875.000-6900.000 MHz
7100.000-7125.000 MHz

    (2) [Reserved]
    (b) * * *
    (2) Low power auxiliary stations may operate closer to co-channel 
TV broadcast stations than the distances specified in paragraph (b)(1) 
of this section provided that such operations either--
    (i) Are coordinated with TV broadcast stations that could be 
affected by the low power auxiliary station operation, and coordination 
is completed prior to operation of the low power auxiliary station; or
    (ii) Are limited to an indoor location that is not being used for 
over-the-air television viewing, and the following conditions are met 
with respect to the TV channel used: The TV signal falls below a 
threshold of -84 dBm over the entire channel; the signal is scanned 
across the full 6 megahertz channel where the wireless microphones 
would be operated; and to the extent that directional antennas are 
used, they are rotated to the place of maximum signal.
* * * * *

0
9. Section 74.803 is amended by adding paragraphs (c) and (d) to read 
as follows:


Sec.  74.803  Frequency selection to avoid interference.

* * * * *
    (c) In the 941.500-952.000 MHz, 952.850-956.250 MHz, 956.45-959.85

[[Page 71729]]

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. 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 stations (LPAS) 
are limited to operations at specific fixed locations that have been 
coordinated with the frequency coordinator for aeronautical mobile 
telemetry, the Aerospace and Flight Test Radio Coordinating Committee. 
LPAS devices must complete authentication and location verification 
before operation begins, 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. Use is limited to situations where there is a need to deploy 
large numbers of LPAS for specified time periods, and use of other 
available spectrum resources is insufficient to meet the LPAS 
licensee's needs at the specific location. All LPAS devices operating 
in a particular area in the band may have access to no more than 30 
megahertz of spectrum in the band at a given time.

0
10. 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 941.5-952 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
11. Section 74.832 is amended by revising paragraphs (a)(6) and (d) to 
read as follows:


Sec.  74.832  Licensing requirements and procedures.

    (a) * * *
    (6) Licensees and conditional licensees of stations in the 
Broadband Radio Service as defined in section 27.1200 of this chapter, 
or entities that hold an executed lease agreement with a Broadband 
Radio Service or Educational Broadband Service licensee.
* * * * *
    (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 941.500-
952.000 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 section 78.13 of this chapter) shall also be eligible to hold 
licenses for low power auxiliary stations.
* * * * *

0
12. Section 74.851 is amended by revising the section heading and 
paragraph (i) and adding paragraphs (j), (k), and (l) 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 Band or the 600 MHz Band; labeling for 700 
MHz or 600 MHz band equipment destined for non-U.S. markets; 
disclosures.

* * * * *
    (i) Nine months after the release of the Commission's Channel 
Reassignment Public Notice issued pursuant to Expanding the Economic 
and Innovation Opportunities of Spectrum Through Incentive Auctions, 
Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014), 
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 
bands, or for low power auxiliary stations that are capable of 
operating in the 600 MHz duplex gap unless the operations are limited 
to the four megahertz segment from one to five megahertz above the 
lower edge of the 600 MHz duplex gap.
    (j) Eighteen months after the release of the Commission's Channel 
Reassignment Public Notice issued pursuant to Expanding the Economic 
and Innovation Opportunities of Spectrum Through Incentive Auctions, 
Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014), 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 four megahertz segment from one to five megahertz above the 
lower edge of the 600 MHz duplex gap. This prohibition does not apply 
to devices manufactured solely for export.
    (k) Eighteen months after the release of the Commission's Channel 
Reassignment Public Notice issued pursuant to Expanding the Economic 
and Innovation Opportunities of Spectrum Through Incentive Auctions, 
Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014), any 
person who manufactures, sells, leases, or offers 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 four megahertz segment from one to 
five megahertz above the lower edge of the 600 MHz duplex gap, 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 station 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 assist 
devices that are capable of operating in the 600 MHz service band three 
months following issuance of the

[[Page 71730]]

Channel Reassignment Public Notice, as defined in section 73.3700(a)(2) 
of this chapter, is subject to the following disclosure requirements:
    (1) Such persons must display the consumer disclosure text, as 
specified by the Consumer and Governmental Affairs Bureau, at the point 
of sale or lease of each such low power auxiliary station or wireless 
video assist device. The text must be displayed in a clear, 
conspicuous, and readily legible manner. One way to fulfill the 
requirement in this section is to display the consumer disclosure text 
in a prominent manner on the product box by using a label (either 
printed onto the box or otherwise affixed to the box), a sticker, or 
other means. Another way to fulfill this requirement is to display the 
text immediately adjacent to each low power auxiliary station or 
wireless video assist device offered for sale or lease and clearly 
associated with the model to which it pertains.
    (2) If such persons offer such low power auxiliary stations or 
wireless video assist device via direct mail, catalog, or electronic 
means, they shall prominently display the consumer disclosure text in 
close proximity to the images and descriptions of each such low power 
auxiliary station or wireless video assist device. The text should be 
in a size large enough to be clear, conspicuous, and readily legible, 
consistent with the dimensions of the advertisement or description.
    (3) If such persons have Web sites pertaining to these low power 
auxiliary stations or wireless video assist devices, the consumer 
disclosure text must be displayed there in a clear, conspicuous, and 
readily legible manner (even in the event such persons do not sell low 
power auxiliary stations or wireless video assist devices directly to 
the public).
    (4) The consumer disclosure text described in paragraph (l)(1) of 
this section is set forth as an appendix to this section.
* * * * *

0
13. Section 74.861 is amended by revising paragraphs (d)(1) through 
(3), adding paragraph (d)(4), revising (e)(1)(i) and (ii), and adding 
paragraphs (e)(7) and (i) to read as follows:


Sec.  74.861  Technical requirements.

* * * * *
    (d) * * *
    (1) For all bands except the 1435-1525 MHz band, the maximum 
transmitter power which will be authorized is 1 watt. In the 1435-1525 
MHz band, the maximum transmitter power which will be authorized is 250 
milliwatts. Licensees may accept the manufacturer's power rating; 
however, it is the licensee's responsibility to observe specified power 
limits.
    (2) If a low power auxiliary station employs amplitude modulation, 
modulation shall not exceed 100 percent on positive or negative peaks.
    (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 nine months 
after release of the Commission's Channel Reassignment Public Notice, 
as defined in section 73.3700(a)(2) of this chapter.
    (4)(i) For the 941.5-952 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),. Beyond one megahertz below and 
above the carrier frequency, emissions shall be attenuated 90 dB below 
the level of the unmodulated carrier.
    (ii) For the 941.5-952 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. Beyond one megahertz below and above the carrier frequency, 
emissions shall be attenuated 90 dB below the level of the unmodulated 
carrier.
    (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). Beyond one megahertz below 
and above the carrier frequency, emissions shall be attenuated 90 dB 
below the level of the unmodulated carrier.
    (iv) For the 944-952 MHz band, the requirements of this paragraph 
(d)(4) shall not apply to the applications for certification of 
equipment for that band until nine months after release of the 
Commission's Channel Reassignment Public Notice, as defined in section 
73.3700(a)(2) of this chapter.
    (e) * * *
    (1) * * *
    (i) 54-72, 76-88, and 174-216 MHz bands: 50 mW EIRP
    (ii) 470-608 and 614-698: 250 mW conducted power
* * * * *
    (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). 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). Beyond one megahertz below 
and above the carrier frequency, emissions shall be attenuated 90 dB 
below the level of the unmodulated carrier. 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.
* * * * *
    (i) The materials listed in this section are incorporated by 
reference in this part. These incorporations by reference were approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they 
exist on the date of the approval, and notice of any change in these 
materials will be published in the Federal Register. All approved 
material is available for inspection at the Federal Communications 
Commission, 445 12th St. SW., Reference Information Center, Room CY-
A257, Washington, DC 20554, (202) 418-0270 and is available from the 
sources below. It is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) European Telecommunications Standards Institute, 650 Route des

[[Page 71731]]

Lucioles, 06921 Sophia Antipolis Cedex, France. A copy of the standard 
is also available at http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/01.03.02_60/en_30042201v010302p.pdf.
    (i) 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,'' Copyright 2011, IBR approved for section 
15.236(g).
    (ii) [Reserved]
    (2) [Reserved].

PART 87--AVIATION SERVICES

0
14. The authority citation for part 87 continues to read as follows:

    Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.


0
15. Section 87.303 is amended by revising paragraph (d)(1) to read as 
follows:


Sec.  87.303  Frequencies

* * * * *
    (d)(1) Frequencies in the band 1435-1525 MHz are also available for 
low power auxiliary station use on a secondary basis.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
16. 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
17. Section 90.265 is amended by revising paragraph (b) introductory 
text and (b)(1) and (3) and adding paragraph (f) 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
    169.475
    169.505
    170.245
    170.275
    170.305
    171.045
    171.075
    171.105
    171.845
    171.875
    171.905

    (1) On center frequencies 169.475 MHz, 170.275 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.
* * * * *
    (3) For emissions with a bandwidth not exceeding 54 kHz, the 
frequency stability of wireless microphones shall limit the total 
emission to within 32.5 kHz of the assigned frequency. 
Emissions with a bandwidth exceeding 54 kHz shall comply with the 
emission mask in Section 8.3 of ETSI EN 300 422-1 v1.4.2 (2011-08).
* * * * *
    (f) The materials listed in this section are incorporated by 
reference in this part. These incorporations by reference were approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they 
exist on the date of the approval, and notice of any change in these 
materials will be published in the Federal Register. All approved 
material is available for inspection at the Federal Communications 
Commission, 445 12th St. SW., Reference Information Center, Room CY-
A257, Washington, DC 20554, (202) 418-0270 and is available from the 
sources below. It is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) European Telecommunications Standards Institute, 650 Route des 
Lucioles, 06921 Sophia Antipolis Cedex, France. A copy of the standard 
is also available at http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/01.03.02_60/en_30042201v010302p.pdf.
    (i) 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,'' Copyright 2011, IBR approved for section 
15.236(g).
    (ii) [Reserved]
    (2) [Reserved]

[FR Doc. 2015-28778 Filed 11-16-15; 8:45 am]
 BILLING CODE 6712-01-P