[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Proposed Rules]
[Pages 41583-41586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17441]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[GN Docket No. 14-166, ET Docket No. 14-165, GN Docket No. 12-268: FCC 
17-95]


Promoting Spectrum Access for Wireless Microphone Operations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to permit 
professional theater, music, performing arts, or similar organizations 
that operate wireless microphones on an unlicensed basis and that meet 
certain criteria to obtain a license to operate in the TV bands (and 
the 600 MHz service band during the post-auction transition period), 
thereby allowing them to register in the white spaces databases for 
interference protection from unlicensed white space devices at venues 
where their events/productions are performed. In addition, the 
Commission proposes to permit these same users, based on demonstrated 
need, also to obtain a license to operate on other bands available for 
use by wireless microphone licensees provided that they meet the 
applicable requirements for operating in those bands. This proposed 
action promotes the Commission's goal of accommodating wireless 
microphone users' needs through access to spectrum resources following 
the incentive auction and reconfiguration of the TV bands.

DATES: Comments are due October 2, 2017. Reply comments are due October 
16, 2017.

FOR FURTHER INFORMATION CONTACT: Paul Murray, Office of Engineering and 
Technology, 202-418-0688, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking, GN Docket No. 14-166, ET Docket 
No. 14-165, GN Docket No 12-268, FCC 17-95, adopted July 13, 2017, and 
released July 14, 2017. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554. The full text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-95A1.pdf.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis

    1. Background. As an alternative to its request for reinstatement 
of a reservation system for certain unlicensed wireless microphone 
users, wireless microphone manufacturer Shure requested in its petition 
for reconsideration of the Commission's 2015 Wireless Microphones R&O, 
80 FR 71702, November 17, 2015, that the Commission provide a more 
limited reservation system that would make registration for 
interference protection for wireless microphone users in the TV bands 
available in special circumstances requiring a high degree of 
reliability for a user that does not typically use 50 or more 
microphones. Shure pointed out that recent Commission decisions, 
including the elimination of two ``reserved'' TV channels for wireless 
microphones in the TV bands following the incentive auction, has 
resulted in unlicensed wireless microphone users having access to fewer 
vacant TV channels that would be free from interference from white 
space devices.
    2. Under the Commission's part 74 Low Power Auxiliary Stations 
(LPAS) rules, licensed operations of wireless microphones are permitted 
on the TV band frequencies on a secondary, non-exclusive basis, with 
license eligibility restricted to a limited set of specified entities. 
Prior to 2014, eligibility was restricted to licensees of radio and 
broadcast television stations, broadcast television network entities, 
certain cable television system operators, and motion picture and 
television program producers. In the TV Bands Wireless Microphones 
Second R&O, 79 FR 40680, July 14, 2014, the Commission provided for a 
limited expansion of eligibility under part 74, Subpart H, to include 
professional sound companies and venues that routinely use 50 or more 
wireless microphones for major events/productions where use of such 
devices is an integral part of these events/productions. When using 
frequencies in the TV bands, these licensed wireless microphone users 
may also register with the white spaces databases to receive 
interference protection from unlicensed white space devices in the TV 
bands at specified locations when these events/productions are 
performed.
    3. In providing for this limited expansion of license eligibility, 
the Commission explained that these particular entities share the need 
of the other eligible entities for regular and reliable high quality 
audio services that are free from interference, and often require a 
large number of wireless microphones to meet their needs. In 
particular, the Commission concluded that professional sound companies 
and venues that routinely use 50 or more wireless microphones at 
events/productions generally have the same needs for interference 
protection as existing part 74 wireless microphone licensees, 
particularly given the spectrum requirements associated with use of a 
large number of wireless microphones. The Commission found that these 
types of professional users have experience in coordinating wireless 
microphone uses among themselves at venues or events, even in congested 
markets, and have similar needs to existing part 74 wireless microphone 
licensees, and concluded that routine use of 50 microphones was a 
reasonable threshold for identifying entities that are more likely to 
require interference protection in order to ensure high quality audio 
services.
    4. In the 2015 Wireless Microphones R&O, the Commission adopted 
various revisions in with regard to licensed wireless microphone 
operations under the part 74 LPAS rules. With respect to the TV bands, 
it revised the rules to provide more opportunities for licensed 
wireless microphone users to access spectrum by allowing greater use of 
VHF channels, and by providing for closer co-channel operation without 
the need for coordination where the licensed wireless microphone user 
determines that the TV signals fell below a specified threshold (such 
that wireless microphone operations would pose little risk of causing 
harmful interference to TV service). The Commission also expanded 
eligibility for licensed use of the 600 MHz duplex gap to all entities 
eligible to hold part 74 wireless microphone licenses for using TV band 
spectrum. In addition, outside of the TV bands the Commission opened up 
additional portions of the 900 MHz band (portions of the 941-944 MHz 
and 952-960 MHz bands on each side of the 944-952 MHz band), as well as 
portions of the 1435-1525 MHz band (with special equipment and 
coordination requirements) and the 6875-7125 MHz band, to permit use by

[[Page 41584]]

licensed wireless microphone operations on a secondary basis under 
specified conditions.
    5. On April 13, 2017, the broadcast television incentive auction 
closed, thereby establishing: (1) The revised TV bands that will be 
repacked and will continue to be available for use by wireless 
microphones on a secondary licensed or an unlicensed basis, and (2) the 
600 MHz Band Plan, which includes the limited spectrum that will be 
available for wireless microphone operations in the 600 MHz guard band 
and duplex gap after the end of the post-auction transition period. As 
a result of the repurposing of 84 megahertz of TV bands spectrum in the 
incentive auction, the spectrum in the revised and repacked TV bands 
(channels 2-36) available for licensed and unlicensed wireless 
microphone use will be substantially reduced in the coming years, 
although the specific amount of spectrum that remains available will 
vary depending on the particular locations of the users' wireless 
microphones operations.
    6. Discussion. The Commission agrees with Shure and commenters 
supporting its petition that certain unlicensed wireless microphone 
users that do not meet the 50 microphone threshold nonetheless have 
identical or similar needs for interference protection at their events/
productions as do entities that currently qualify for part 74 wireless 
microphone licenses. In many instances, the 50 microphone threshold is 
unnecessarily restrictive as it excludes many entities that have the 
need for professional high-quality audio for their events/productions. 
Therefore, we propose and seek comment on how best to accommodate these 
wireless microphone users to the extent that, based on demonstration of 
particular need, they should qualify for a license at their events/
productions.
    7. The Commission recognizes that the 50 microphone threshold is a 
proxy for the need for professional, interference-free high-quality 
audio events/productions. Therefore the Commission proposes to allow 
certain theater, music, and performing arts organizations that do not 
meet this threshold but are otherwise able to demonstrate they have 
these ``professional'' needs and capabilities to obtain a part 74 
license to operate in the TV bands and the 600 MHz duplex gap. This 
would address the specific concerns raised in the petition by allowing 
these users to register for interference protection from white space 
devices when operating in the TV bands. In addition, the Commission 
proposes to allow such users access to other spectrum bands available 
to part 74 wireless microphone licensees, including portions of the 900 
MHz, 1435-1525 MHz, and 7 GHz band spectrum where the need and 
requisite capabilities are demonstrated. Furthermore, the Commission 
seeks comment on whether there also may be certain other, similar types 
of organizations that use wireless microphones for productions where 
professional-level high-quality audio service is required and these 
needs cannot otherwise be met, such that the organization also may 
merit such protection for the same reasons.
    8. To fully account for these certain wireless microphone users 
with professional needs, the Commission proposes to revise the 
definition of both ``large venue owner or operator'' and ``professional 
sound company'' under our rules. The Commission proposes to define 
these terms to include either (a) wireless microphone users that 
routinely use 50 or more wireless microphones where the use is an 
integral part of major events or productions (as provided under 
existing rules) or (b) wireless microphone users that otherwise can 
demonstrate a particular need for, and the capability to provide, 
professional, high-quality audio that is integral to their events or 
productions.
    9. To demonstrate a need for high-quality audio during events/
productions under prong (b), an applicant for a part 74 license would 
be required to show that its needs for high-quality audio services for 
its audiences are identical or substantially similar to those of 
current part 74 licensees. The Commission seeks comment on what this 
demonstration would look like, and how the Commission would determine 
whether there is actual need for a license and that the spectrum would 
be used in a spectrally efficient manner.
    10. Furthermore, to demonstrate the requisite capability to provide 
professional high quality audio under prong (b), an applicant for such 
a part 74 license would need to demonstrate that it has the 
professional-level technical and operational capabilities to carry out 
its responsibilities associated with holding a license (e.g., 
coordination responsibilities, technical capabilities, and registration 
capabilities). This criterion is meant to encompass users that have 
capabilities that are identical or similar to the professional sound 
companies/large venues that currently qualify for part 74 licenses, but 
that do not meet the 50 microphone threshold.
    11. As in the TV Bands Wireless Microphones Second R&O, the 
Commission is proposing only a limited expansion of eligibility that 
strikes an appropriate balance in expanding licensee eligibility where 
there is a clear need for professional high-quality audio for 
particular events/productions, while ensuring that spectrum is shared 
effectively with existing wireless microphone licensees and remains 
available for other uses, such as by white space devices. Commenters 
should discuss the effect that the proposed expansion of eligibility 
for wireless microphone licenses would have on other users of the 
spectrum.
    12. In addition to proposing to permit professional theater, music, 
and performing arts organizations that do not meet the 50 microphone 
threshold but meet the two-part test above to obtain a part 74 license 
in the TV bands and the 600 MHz duplex gap, the Commission also 
proposes to permit these entities to qualify for a license in portions 
of the 900 MHz band, as well as in the 1435-1525 MHz and 6975-7125 MHz 
band, that also are available for part 74 wireless microphone 
licensees, upon demonstrated need and ability to meet the necessary 
coordination and other requirements pertaining to each particular band. 
The Commission believes that any risk of wireless microphone operations 
causing harmful interference to these primary licensees is low 
considering that wireless microphones operate at relatively low power 
over short ranges.
    13. The Commission seeks any additional comment on this proposed 
case-by-case approach, and on possible alternatives to that approach. 
Commenting parties proposing alternative approaches should explain the 
rationale for the metric or standard that they propose, address how it 
would be a reasonable and appropriate way of identifying the class of 
wireless microphone users that merit a license, and provide sufficient 
data and other information supporting such an approach.

Procedural Matters

    14. Paperwork Reduction Analysis. The Further Notice of Proposed 
Rulemaking (FNPRM) contains proposed new information collection 
requirements. We invite the general public and Office of Management and 
Budget to comment on the information collection requirements contained 
in this document, as required by the Paperwork Reduction Act. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
the Commission seek specific comment on how we might further reduce the 
information collection burden for small

[[Page 41585]]

business concerns with fewer than 25 employees.
    15. Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities of the 
proposals addressed in this FNPRM. Written public comments are 
requested on the IRFA. These comments must be filed in accordance with 
the same filing deadlines for comments on the FNPRM, and they should 
have a separate and distinct heading designating them as responses to 
the IRFA. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this FNPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the RFA.
    16. This proceeding is initiated to explore whether certain 
professional theater, music, performing arts, or similar organizations 
that operate wireless microphones on an unlicensed basis and meet 
certain criteria should be permitted to: (1) Obtain part 74 licenses in 
the TV bands to enable them to register in the white spaces databases 
for interference protection from unlicensed white space devices that 
operate in those bands, and to access the portion of spectrum available 
to licensed wireless microphone users in the 600 MHz duplex gap 
(specifically, the 653-657 MHz portion); and (2) obtain part 74 
licenses to operate in other bands available for use by part 74 
licensed wireless microphone licensees, including portions of the 900 
MHz, 1435-1525 MHz, and 6975-7125 MHz bands, provided that they meet 
the applicable requirements for operating in those bands.
    17. The proposal set forth in the FNPRM would apply to certain 
theater, music production, and performing arts, and similar 
organizations that currently use wireless microphones on an 
unlicensed--rather than licensed--basis to meet their audio service 
needs because they fail to meet the 50 microphone license eligibility 
requirement to be a ``large venue or operator'' or ``professional sound 
company'' under the Commission's Rules for part 74 Low Power Auxiliary 
Stations. Under the proposal, an unlicensed wireless microphone 
applicant for a part 74 license would be required to establish that 
needs access to more spectrum in these bands is needed for its major 
events or productions, based on a showing of its particular needs at 
that specified location, that its need for high-fidelity audio services 
for its audiences are identical or substantially similar to those of 
current part 74 licensees, and that it has the professional-level 
technical and operational capabilities to carry out its 
responsibilities as a licensee.
    18. Ex Parte Presentations. This proceeding will be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    19. Comment Filing Procedures. Pursuant to Sec. Sec.  1.415 and 
1.419, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers. Comments may be filed electronically 
using the Internet by accessing the ECFS, http://apps.fcc.gov/ecfs.
     Paper Filers. Parties who file by paper must include an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [cir] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes must be disposed of 
before entering the building.
    [cir] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [cir] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    Persons with Disabilities. To request materials in accessible 
formats for persons 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).

Ordering Clauses

    20. It is ordered that, pursuant to Sec. Sec.  1, 4(i), 4(j), 7(a), 
301, 302(a), 303(f), and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 302a, 303(f), and 
332, the Further Notice of Proposed Rulemaking is Adopted.
    21. It is ordered that the Commission's Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
Further Notice of Proposed Rulemaking, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

[[Page 41586]]

List of Subjects in 47 CFR Part 74

    Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    The Federal Communications Commission proposes to amend 47 CFR part 
74 as follows:

PART 74, SUBPART H--LOW POWER AUXILIARY STATIONS

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

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 
554.

0
2. Amend Sec.  74.801 the definitions for ``Professional sound 
company'' and ``Venue owner or operator'' to read as follows:


Sec.  74.801  Definitions.

* * * * *
    Professional sound company. Professional sound company refers to a 
person or organization that provides audio services that (a) routinely 
use 50 or more low power auxiliary station devices, where the use of 
such devices is an integral part of major events or productions, or (b) 
can otherwise demonstrate a particular need for, and the capability to 
provide, professional high-quality audio through use of low power 
auxiliary station devices, where the use is an integral part of events 
or productions. Routinely using 50 or more low power auxiliary station 
devices means that the professional sound company uses 50 or more such 
devices for most events or productions.
* * * * *
    Venue owner or operator. A venue owner or operator refers to a 
person or organization that owns or operates a venue that (a) routinely 
uses 50 or more low power auxiliary station devices, where the use is 
an integral part of major events or productions, or (b) can otherwise 
demonstrate a particular need for, and the capability to provide, 
professional high-quality audio through use of low power auxiliary 
station devices, where the use is an integral part of events or 
productions. Routinely using 50 or more low power auxiliary station 
devices means that the venue owner or operator uses 50 or more such 
devices for events or productions.
* * * * *
0
3. Amend Sec.  74.832 by revising paragraph (a)(7) to read as follows:


Sec.  74.832   Licensing requirements and procedures.

* * * * *
    (a)* * *
    (7) Venue owners or operators as defined in Sec.  74.801.
* * * * *
[FR Doc. 2017-17441 Filed 8-31-17; 8:45 am]
BILLING CODE 6712-01-P