Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 3639 

1Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

15, 74 and 90 of the Commission’s Rules Regarding 

Low Power Auxiliary Stations, Including Wireless 

Microphones, WT Docket Nos. 08–166, 08–167, ET 

Docket Nos. 10–24, Report and Order and Further 

Notice of Proposed Rulemaking, FCC 10–16 at para. 

99 (rel. October 15, 2010) (‘‘Wireless Microphone 

Report and Order’’). 

2Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

15, 74 and 90 of the Commission’s Rules Regarding 

Low Power Auxiliary Stations, Including Wireless 

Microphones, WT Docket Nos. 08–166, 08–167, ET 

Docket Nos. 10–24, Report and Order and Further 

Notice of Proposed Rulemaking, FCC 10–16 at para. 

99 (rel. October 15, 2010) (‘‘Wireless Microphone 

Report and Order’’). 

3 Id. 

4See id., Appendix B. 

5 Id. at para. 99. 

a public notice providing that operators 

of low power auxiliary stations, 

including wireless microphones, in the 

700 MHz band in those market(s) will be 

required to cease operations within 60 

days after the Commission’s notice is 

released. 

(ii) Any commercial or public safety 

licensee in the 700 MHz band may 

notify any low power auxiliary station 

users operating in the 700 MHz band 

that it has initiated or will be initiating 

operations on specified frequencies in 

the market in which the low power 

auxiliary station is operating. The 

wireless operations initiated by the 

commercial or public safety 700 MHz 

licensees may include system testing or 

trials. Upon receipt of such notice, the 

low power auxiliary station in the 

affected market area must cease 

operation within 60 days. 

(iii) In the event that both of these 

notice provisions in paragraphs (e)(2)(i) 

and (ii) of this section are used with 

respect to a particular low power 

auxiliary station, the low power 

auxiliary station will have to cease 

operations in the market(s) in 

accordance with whichever notice 

provides for earlier termination of its 

operations. 

(3) Notwithstanding this 60 day notice 

requirement, any low power auxiliary 

station that causes harmful interference 

to any commercial or public safety 700 

MHz licensee must cease operations 

immediately, consistent with the rules 

for secondary use. 

■ 7. Section 74.851 is amended by 

revising the heading and adding new 

paragraphs (g), (h), and (i) to read as 

follows: 

§ 74.851 Certification of equipment; 

prohibition on manufacture, import, sale, 

lease, offer for sale or lease, or shipment of 

devices that operate in the 700 MHz Band; 

labeling for 700 MHz band equipment 

destined for non-U.S. markets; disclosure 

for the core TV bands. 

* * * * * 

(g) No person shall manufacture, 

import, sell, lease, offer for sale or lease, 

or ship low power auxiliary stations that 

are capable of operating in the 700 MHz 

band (698–806 MHz). This prohibition 

does not apply to devices manufactured 

solely for export. 

(h) Any person who manufactures, 

sells, leases, or offers for sale or lease 

low power auxiliary stations, including 

wireless microphones, that are destined 

for non-U.S. markets and that are 

capable of operating in the 700 MHz 

band 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 

U.S. 

(i) Any person, whether such person 

is a wholesaler or a retailer, who 

manufactures, sells, leases, or offers for 

sale or lease low power auxiliary 

stations that operate in the core TV 

bands (channels 2–51, excluding 

channel 37) is subject to the disclosure 

requirements in § 15.216 of this chapter. 

■ 8. Section 74.861 is amended by 

revising paragraph (e)(1)(ii) to read as 

follows: 

§ 74.861 Technical requirements. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) 470–608 and 614–698 MHz 

bands—250 mW 

* * * * * 

[FR Doc. 2010–1216 Filed 1–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[WT Docket Nos. 08–166, 08–167, and ET 

Docket No. 10–24; DA 10–92] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this order, Wireless 

Telecommunications Bureau and 

Consumer and Governmental Affairs 

Bureau of the Federal Communications 

Commission adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.1

DATES: This rule amends § 15.216, 

which contains information collection 

requirements that have not been 

approved by OMB. The FCC will 

publish a document in the Federal 

Register announcing the effective date. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Order in WT Docket 

Nos. 08–166 and 08–167, ET Docket No. 

10–24 and DA 10–92, adopted January 

15, 2010, and released on January 15, 

2010. In this order, the Wireless 

Telecommunications Bureau and 

Consumer and Governmental Affairs 

Bureau of the Federal Communications 

Commission adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.2 This 

disclosure requirement is applicable to 

persons who manufacture, sell, lease, or 

offer for sale or lease low power 

auxiliary stations, including wireless 

microphones, capable of operating in 

the core TV bands (channels 2–51, 

excluding channel 37). 

Order 

1. On January 14, 2010, the 

Commission adopted a Wireless 

Microphone Report and Order.3 In the 

Wireless Microphone Report and Order, 

the Commission took action to ensure 

that low power auxiliary stations, 

including wireless microphones, are 

cleared from the 700 MHz Band (689– 

806 MHz) so that public safety and 

commercial licensees can operate in the 

band without interference. The 

Commission adopted a new rule, 

Section 15.216, which provides that any 

person who manufactures, sells, leases, 

or offers for sale or lease wireless 

microphones and other low power 

auxiliary stations capable of operating 

in the core TV bands must display a 

consumer disclosure text.4

2. The Commission delegated 

authority to the Wireless 

Telecommunications Bureau and the 

Consumer and Governmental Affairs 

Bureau to adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.5 The 

Wireless Telecommunications Bureau 


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3640 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

and the Consumer and Governmental 

Affairs Bureau hereby adopt the 

consumer disclosure text as required by 

the Commission. 

List of Subjects in 47 CFR Part 15 

Communications equipment, 

Labeling, and Reporting and 

recordkeeping requirements. 

PART 15—RADIO FREQUENCY 

DEVICES 

■ For the reason discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 15 as 

follows: 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, and 544a. 

■ 2. Section 15.216 is amended by 

adding an appendix to read as follows: 

§ 15.216 Disclosure Requirements for 

wireless microphones and other low power 

auxiliary stations capable of operating in 

the core TV bands. 

* * * * * 

Appendix to § 15.216—Consumer Alert 

Consumer Alert 

Most users do not need a license to operate 

this wireless microphone system. 

Nevertheless, operating this microphone 

system without a license is subject to certain 

restrictions: The system may not cause 

harmful interference; it must operate at a low 

power level (not in excess of 50 milliwatts); 

and it has no protection from interference 

received from any other device. Purchasers 

should also be aware that the FCC is 

currently evaluating use of wireless 

microphone systems, and these rules are 

subject to change. For more information, call 

the FCC at 1–888–CALL–FCC (TTY: 1–888– 

TELL–FCC) or visit the FCC’s wireless 

microphone Web site at http://www.fcc.gov/ 

cgb/wirelessmicrophones. 

Ruth Milkman, 

Chief, Wireless Telecommunications Bureau, 

Federal Communications Commission. 

Joel Gurin, 

Chief, Consumer and Governmental Affairs 

Bureau, Federal Communications 

Commission. 

[FR Doc. 2010–1151 Filed 1–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–20] 

Maupin, Oregon 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division grants a 

Petition for Rule Making issued at the 

request of Maupin Broadcasting 

Company, requesting the allotment of 

Channel 244C2 at Maupin, Oregon, as 

its first local service. A staff engineering 

analysis indicates that Channel 244C2 

can be allotted to Maupin consistent 

with the minimum distance separation 

requirements of the Rules with a site 

restriction 1.2 kilometers (0.7 miles) 

west located at reference coordinates 

45–10–24 NL and 121–05–43 WL. 

DATES: Effective February 22, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s notice of 

Proposed Rule Making, MB Docket 09– 

130, adopted January 6, 2010, and 

released January 8, 2010. The full text 

of this Commission document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC. 

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, http:// 

www.bcpiweb.com. 

This document does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

§ 801(a)(1)(A). 

Provisions of the Regulatory 

Flexibility Act of 1980 does not apply 

to this proceeding. 

Pursuant to sections 1.415 and 1.419 

of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comment may 

be filed using: (1) the Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1988). 

Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. For 

submitting comments, filers should 

follow the instructions provided on the 

website. 

For ECFS filer, if multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, filer must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

For Paper Filers: Parties who choose 

to file by paper must file 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 rule making 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 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8:00 a.m. to 7:00 p.m. 

All hand deliveries must be held 

together with rubber bands or fasteners. 

Any envelope must be disposed of 

before entering the building. 

• 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. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 


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