3682 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 29, 2009. 

Jane Diamond, 

Acting Deputy Regional Administrator, 

Region IX. 

[FR Doc. 2010–1184 Filed 1–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

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

Docket No. 10–24; FCC 10–16] 

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: Proposed rule. 

SUMMARY: In this Further Notice of 

Proposed Rulemaking (FNPRM) the 

Commission seeks to refine and update 

its rules governing the use of wireless 

microphones, seeking comment on a 

range of issues concerning the operation 

of these devices in the core TV bands. 

DATES: Interested parties may file 

comments on or before February 22, 

2010, and reply comments on or before 

March 15, 2010. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–166, 

08–167 and ET Docket No. 10–24, by 

any of the following methods: 

fi Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

fi Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

fi Mail: Filings can be sent by hand 

or messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although the Commission continues 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. 

fi People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Paul 

D’Ari, Wireless Telecommunications 

Bureau, (202) 418–1550, e-mail 

Paul.Dari@fcc.gov, or Hugh L. Van Tuyl, 

Office of Engineering and Technology, 

(202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s rules 

noted in the Report and Order and 

Further Notice of Proposed Rulemaking 

in WT Docket Nos. 08–166 and 08–167, 

ET Docket No.10–24, and FCC 10–16, 

adopted January 14, 2010, and released 

on January 15, 2010. This summary 

should be read with its companion 

document, the Report and Order 

summary published elsewhere in this 

issue of the Federal Register. The full 

text of the Report and Order and 

FNPRM is available for public 

inspection and copying during business 

hours in the FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

It also may be purchased from the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street SW., Room 

CY–B402, Washington, DC 20554; the 

contractor’s Web site, http:// 

www.bcpiweb.com; or by calling (800) 

378–3160, facsimile (202) 488–5563, or 

e-mail FCC@BCPIWEB.com. Copies of 

the public notice also may be obtained 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket numbers, WT 

Docket No. 08–166, WT Docket No. 08– 

167, and ET Docket No. 10–24. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

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

Synopsis of the Further Notice of 

Proposed Rulemaking Section of the 

Report and Order and Further Notice of 

Proposed Rulemaking 

I. Introduction 

1. In this Further Notice of Proposed 

Rulemaking (FNPRM), the Commission 

addresses the use of wireless low power 

auxiliary stations, including wireless 

microphones that operate on the TV 

bands by entities that are not eligible for 

a part 74 low power auxiliary station 

license. In light of the important 

functions that these types of devices 

provide to the public, the Commission 

propose that the Commission should 

revise its rules to permit the use of 

wireless microphones and other low 

power audio devices in the core TV 

bands on an unlicensed basis under part 

15 of the rules by entities that are not 

currently eligible for licensing under 

part 74, Subpart H of the rules. The 

Commission also proposes to adopt 

technical rules for such operation under 

part 15. In addition, the Commission 

seeks comment on whether to provide 

for some expansion of the eligibility 

under part 74, Subpart H of the rules to 

create additional categories of licensed 

use of wireless microphones or other 

low power auxiliary stations. The 

Commission also seeks comment on the 

adoption in its rules marketing and 

labeling requirements, including 

possible requirements pertaining to part 

74 low power auxiliary stations that 

could help ensure that ineligible entities 

do not obtain such devices. Consistent 

with the Commissions broader efforts to 

manage spectrum as effectively and 

efficiently as possible, the Commission 

also seek comment on possible longterm reform, based in part on 

technological innovation such as digital 

technology, that would enable wireless 

microphones to operate more efficiently 

and with improved immunity to 

harmful interference, thereby increasing 

the availability of spectrum for wireless 

microphone and other uses. Finally, the 

Commission seeks comment on whether 

there are any changes it could make to 

other rule parts, including part 90, that 

would address the needs of wireless 

microphone users. 

2. As discussed in the Report and 

Order, there are several reasons why 

this is an appropriate time for the 


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Commission to examine, in a 

comprehensive fashion, the rules for 

wireless microphones in the TV bands. 

In addition to those discussed above, 

the Commission adopted rules in 

November 2008 in the TV White Spaces 

Second Report and Order to permit new 

types of devices to operate on an 

unlicensed basis in vacant ‘‘white 

spaces’’ spectrum in the TV bands. 

These ‘‘TV Band Devices’’ are regulated 

under part 15 of the Commission’s rules. 

The rules require TV Band Devices to 

protect licensed operations in the TV 

bands, including wireless microphones 

and other part 74 low power auxiliary 

stations. A number of petitions for 

reconsideration of the TV White Spaces 

Second Report and Order raise issues 

related to the protections afforded 

wireless microphones in that order. 

Although the issues in these petitions 

for reconsideration and the proposals in 

this FNPRM are related, the 

Commission does not address herein the 

specific issues raised in the petitions for 

reconsideration of the rules regarding 

wireless microphone operations and TV 

Band Devices. Rather, the proposals and 

other issues in this FNPRM are intended 

to balance the needs of various wireless 

microphone users, in particular, with 

other important uses of the spectrum, 

including new unlicensed devices that 

can be used for broadband and other 

applications in portions of the TV 

bands. 

A. Operation in the TV Bands 

1. Unlicensed Operation Under Part 15 

3. The Commission seeks comment on 

allowing wireless microphones to 

operate on an unlicensed basis in the 

TV bands under part 15 of the rules 

generally, the technical proposals 

discussed herein, and the other specific 

proposals that commenters and other 

interested parties have made in the 

record with respect to permitting 

wireless microphones to operate under 

part 15 of the Commission’s rules. 

4. Many users may need only a single 

or a small number of wireless 

microphones operating simultaneously, 

and only one or two vacant TV channels 

may be required for such users. Even 

with TV Band Devices operating in the 

TV bands, the rules that the 

Commission adopted in the ‘‘white 

spaces’’ proceeding are designed to 

ensure that there will be one or more TV 

channels available for wireless 

microphones at most locations. 

Specifically, only fixed TV Band 

Devices may operate on channels below 

21, and fixed TV Band Devices are not 

permitted to operate adjacent to 

occupied TV channels, whereas wireless 

microphones may do so. Thus, at any 

given location some TV channels cannot 

be used by TV Band Devices and should 

be available for wireless microphones. 

In addition, in the 13 metropolitan areas 

where the Private Land Mobile and 

Commercial Mobile Radio Services are 

permitted to operate on channels 14–20, 

TV Band Devices are not permitted to 

operate on the first vacant TV channel 

above and below channel 37, thus 

leaving them available for wireless 

microphones. The Commission seeks 

comment on these assumptions and 

whether allowing wireless microphones 

to operate on a non-licensed basis in the 

TV bands under part 15 of the rules may 

meet the needs of the vast majority of 

wireless microphone users. 

5. In addition, the Commission 

proposes technical rules for the 

operation of wireless microphones as 

unlicensed devices under part 15 of the 

rules. The Commission proposes to 

adopt the term ‘‘Wireless Audio 

Devices’’ for such devices and to define 

them as intentional radiators used to 

transmit voice, music or other audio 

material over short distances. Under this 

proposal, transmissions would be 

allowed to use either analog or digital 

modulation techniques. To ensure that 

such devices are used only for their 

intended purpose of transmitting audio 

material, the Commission proposes to 

prohibit data transmissions except for 

short data strings such as recognition 

codes necessary to ensure the 

functionality of a system. The 

Commission also proposes to prohibit 

transmission of audio material to the 

public switched telephone network and 

private and commercial wireless 

systems and networks to prevent 

Wireless Audio Devices from being used 

for applications such as wireless 

headsets for use with cellular phones, 

cordless phones and similar devices. 

Devices that transmit data or operate as 

telephones can operate under the part 

15 TV band device rules or other rule 

parts, e.g., Section 15.247 or 15.249. The 

Commission seeks comment on the 

definition and the proposals. In 

particular the Commission seeks 

comment on whether its proposed 

definition of Wireless Audio Devices is 

overly broad and could enable a 

proliferation of devices in the TV bands 

that already have suitable provisions to 

operate in other bands. If so, the 

Commission seeks comment on whether 

it should specifically limit the 

applicability of the rules to wireless 

microphones and how precisely they 

should be defined. Additionally, the 

Commission seeks comment on whether 

any other specifications or restrictions 

are needed, such as limiting devices to 

one-way operation. 

6. The Commission is not proposing 

to allow operation under the part 15 

rules of unlicensed video devices 

similar in fashion to those used by 

motion picture and television producers 

as an aid in composing camera shots 

under the part 74 Wireless Assist Video 

Devices rules. No party has indicated 

that there is a need to permit the 

operation of similar devices by parties 

other than those eligible for licensing 

under part 74. Further, part 15 already 

allows devices to operate with sufficient 

bandwidth to transmit video in a 

number of bands, albeit at a lower 

power level or with different technical 

requirements from part 74, including 

the 902–928 MHz and 2400–2483.5 

MHz bands. In addition, part 15 allows 

devices to operate in the TV bands 

under the TV Band Device rules. The 

Commission invites comment. 

7. The technical rules the Commission 

is proposing for unlicensed Wireless 

Audio Devices are in many respects 

similar to the technical rules applicable 

to wireless microphones licensed under 

part 74 as low power auxiliary stations. 

The Commission is making this 

proposal because these part 74 rules 

have been used in the development of 

a wide variety of wireless microphones 

that consumers have found useful and 

that apparently are capable of operating 

in the TV bands without interference. 

Further, by modeling the proposed part 

15 rules after the technical features of 

the part 74 rules, the Commission 

expects that most manufacturers will be 

able to obtain approval for equipment 

with few or no modifications from 

currently available designs. The 

Commission is proposing to place the 

technical requirements for Wireless 

Audio Devices in a new section in part 

15, Subpart C, which contains the rules 

for intentional radiators (see proposed 

rules). 

8. The Commission proposes to allow 

Wireless Audio Devices to operate in 

the core TV bands spectrum on 

channels 2–51 (excluding channel 37, 

which is allocated for non-broadcast 

purposes nationwide). The Commission 

proposes to prohibit operation of 

Wireless Audio Devices on channel 17 

in Hawaii, which is allocated for nonbroadcast purposes. To prevent 

interference to co-channel TV stations, 

the Commission proposes to prohibit 

operation of Wireless Audio Devices cochannel to operating TV stations at the 

following distances, which are the same 

separation distances required for part 74 

wireless microphones. 


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3684 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

• Channels 2–4 (54–72 MHz) and 5–6 

(76–88 MHz) 

Æ Zone I: 105 km (65 miles) 

Æ Zones II and III: 129 km (80 miles) 

• Channels 7–13 (174–216 MHz) 

Æ Zone I: 97 km (60 miles) 

Æ Zones II and III: 129 km (80 miles) 

• Channels 14–36 (470–608 MHz) and 

38–51 (614–698 MHz) 

Æ All zones: 113 km (70 miles) 

9. The Commission proposes to 

permit Wireless Audio Devices to 

operate with a power level to the 

antenna of up to 50 milliwatts in both 

the VHF and UHF TV bands. The 

Commission notes that the part 74 rules 

permit wireless microphones to operate 

on VHF TV channels with a power level 

to the antenna of 50 milliwatts and on 

UHF channels with a power level of 250 

milliwatts. However, most wireless 

microphones currently operate at a 

lower power level to increase battery 

life and because higher power is not 

necessary for most applications. For 

example, Shure has indicated that the 

majority of wireless microphones 

operate with a power level between 10 

and 50 milliwatts. Therefore, the 

Commissions proposed power level may 

be appropriate for most users, 

particularly because the Commission 

expect that parties using part 15 

wireless microphones will typically be 

entities operating in smaller venues that 

do not require the longer range 

operation that higher power allows. In 

this regard, the Commission note that 

devices authorized under part 74 as low 

power auxiliary stations are ‘‘intended 

to transmit over distances of 

approximately 100 meters’’ and may 

operate with a power level of 250 

milliwatts. The Commission anticipates 

that wireless microphones operating up 

to 50 milliwatts would transmit over a 

shorter distance. The Commission seeks 

comment on this proposal. The 

Commission also seeks comment on 

whether the equipment certification 

rules should prevent component parts 

such as amplifiers from being attached 

after market to a microphone and 

whether the rules should specify a 

maximum field strength or other 

emission limits for equipment. 

10. The Commission proposes to 

require Wireless Audio Devices to 

comply with the same channelization, 

frequency stability, and bandwidth 

requirements as permitted under the 

technical rules for part 74 wireless 

microphones. Specifically, the 

Commission proposes to require that 

operation be offset from the upper or 

lower channel edge by 25 kHz or an 

integral multiple thereof and that the 

operating frequency tolerance be 

0.005%. The Commission also proposes 

to specify that one or more adjacent 25 

kHz segments within a TV channel may 

be combined to form an operating 

channel with a maximum bandwidth 

not to exceed 200 kHz. Consistent with 

the measurement requirements for other 

part 15 transmitters, the Commission 

further propose to require that the 

frequency tolerance be maintained over 

a temperature variation of ¥20 degrees 

to +50 degrees C at normal supply 

voltage, for a variation in the supply 

voltage from 85% to 115% of the rated 

supply voltage at a temperature of 20 

degrees C, and that battery operated 

equipment be tested using a new 

battery. The Commission expect that the 

proposed 25 kHz offset requirement 

would prevent wireless microphones 

from operating at the edge of a TV 

channel where they could interfere with 

TV stations on adjacent channels, and 

the proposed frequency tolerance 

requirement would ensure that devices 

do not drift from the designated 

frequencies. The limit on the bandwidth 

that a wireless microphone may occupy 

will leave room for multiple 

microphones within a channel. The 

Commission seeks comment on these 

proposals. 

11. The Commission proposes to 

require that out-of-band emissions from 

Wireless Audio Devices comply with 

the same emission limits that apply to 

part 74 wireless microphones. 

Specifically, the Commission proposes 

to require that the mean power of outof-band emissions comply with the 

following: 

• On any frequency removed from the 

operating frequency by more than 50% 

and up to 100% of the authorized 

bandwidth: At least 25 dB; 

• On any frequency removed from the 

operating frequency by more than 100% 

and up to 250% of the authorized 

bandwidth: At least 35 dB; 

• On any frequency removed from the 

operating frequency by more than 250% 

of the authorized bandwidth: 43+10 log 

P dB where P is the mean output power 

in watts. 

12. The Commission seeks comment 

on whether these out-of-band emission 

levels are appropriate. The Commission 

also seeks comment on whether it 

should apply the Section 15.209 limits 

outside the TV channel where a wireless 

microphone operates. Furthermore, the 

Commission seeks comment on whether 

these out-of-band emissions are 

adequate to protect both land mobile 

systems operating in the TV bands and 

new services operating on or within TV 

channel 52, 698–704 MHz, and on other 

frequencies in the 700 MHz Band. 

13. The Commission seeks comment 

on whether the Commission should 

prohibit Wireless Audio Devices from 

operating on co-channel basis with land 

mobile stations. The Commission also 

seeks comment on whether the 

Commission should adopt any other 

technical rules to prevent interference to 

land mobile systems operating in the TV 

bands. In addition, the Commission 

seeks comment on whether the 

Commission needs to adopt isolation 

distances from the land mobile 

operations, similar to those proposed to 

protect TV stations. In addition, the 

Commission seeks comment on whether 

the Commission needs to adopt similar 

rules to protect new services operating 

on or within Channel 52 (698–704 

MHz), or on other frequencies in the 700 

MHz Band. 

14. The Commission seeks comment 

on its assessment that the rules adopted 

for TV Band Devices are not likely to be 

suitable for Wireless Audio Devices. For 

example, TV Band Devices are required 

to have geolocation capability and the 

ability to connect to the Internet to 

register with a central data base. If 

wireless microphone ‘‘features’’ were to 

be added to these devices, it might 

result in a substantial increase in costs 

for these devices. Certain features 

currently required for TV Band Devices, 

such as periodic sensing of the airwaves 

for other devices, may also be 

incompatible with the operation of a 

real-time always-on device such as a 

wireless microphone. In addition, the 

Commission observes that there are 

similarities between the rules the 

Commission are proposing for wireless 

audio devices and the rules that were 

adopted for TV Band Devices. For 

example, the Commission allowed TV 

band personal/portable devices 

operating on an adjacent TV channel to 

use a power of up to 40 mW, whereas 

the Commission is proposing to allow 

wireless audio devices to use a power of 

up to 50 mW. These similarities mean 

that, from a power and spectrum sharing 

standpoint, one type of device should 

not have a significant advantage over 

the other. The Commission invites 

comment on this assessment. 

15. The Commission propose to 

require devices that have already been 

certificated under the procedures 

established for part 74 devices and that 

will be marketed for operation under 

part 15 to obtain a new equipment 

authorization to ensure compliance with 

whatever rules the Commission may 

adopt in this proceeding. The nature of 

the filings, such as whether new test 

data may need to be submitted, will 

depend on whether the technical rules 


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the Commission adopt are identical to 

or different from part 74. 

16. If the Commission were to adopt 

technical rules for operation under part 

15 that are different from the existing 

part 74 rules, the Commission proposes 

to allow a transition period where the 

existing equipment could be marketed 

and operated under part 15 before 

obtaining a new equipment 

authorization. Typically design and 

manufacturing cycles take 1 to 2 years. 

The Commission invites comment on 

whether there should be a transition 

period and, if so, what should be the 

length of the transition period? The 

Commission also seeks comment on 

whether the Commission should apply 

the transition to the date after which a 

product is marketed, a date after which 

the product is manufactured or 

imported, or some other measure. 

17. Finally, the Commission seeks 

comment on whether any other 

technical requirements need to be 

specified for Wireless Audio Devices. 

For example, the part 74 rules for low 

power auxiliary stations have additional 

requirements for wireless microphones 

including a maximum frequency 

deviation specification when frequency 

modulation is used. Additionally, part 

74 states that a transmitter may be either 

frequency synthesized or crystal 

controlled. The Commission seeks 

comment on whether these or any other 

requirements should be incorporated 

into the part 15 rules for Wireless Audio 

Devices. 

2. Licensed Operation Under Part 74 

18. Certain users of wireless 

microphones that are not currently 

eligible for a low power auxiliary station 

license under part 74 may have needs 

that are similar to existing eligible 

licensees and may have a need for the 

interference protection that a license 

affords. In this section, the Commission 

seeks comment on whether to revise its 

rules and provide for a limited 

expansion of eligibility that would 

permit such users to hold a part 74 

license in the TV bands. The 

Commission also seeks comment on 

whether license eligibility should be 

expanded to permit the use of low 

power auxiliary stations inside nuclear 

power plants. In examining whether to 

expand licensee eligibility, the 

Commission must balance the needs of 

the different users of the TV band 

spectrum. 

19. The Commission seeks comment 

on the extent to which part 74 eligibility 

for licensing should be expanded, if the 

Commission decides to do so. For 

example, should such eligibility be 

limited to include large theaters, 

entertainment complexes, sporting 

arenas, and religious facilities, because 

these large venues may require multiple 

vacant TV channels to accommodate all 

of the wireless microphones needed and 

they may need the additional 

protections afforded part 74, Subpart H 

licensees in the TV bands? The 

Commission seek comment on whether 

to revise its rules in this manner, and 

how best to specify which particular 

entities, and under what circumstances, 

they should be eligible for a license. As 

discussed above, a number of 

commenters and other parties have 

urged the Commission to expand 

eligibility for part 74 licenses to varying 

degrees, and the Commission seek 

comment as well on those expanded 

eligibility proposals. 

20. Some wireless microphone 

operators, such as certain producers of 

live professional arts, entertainment, 

and sporting events may require 

multiple vacant TV channels to 

accommodate all of the wireless 

microphones needed. Many of these 

events are broadcast or recorded, and 

thus producers of these events may 

already be eligible for a part 74 license. 

On the other hand, some of these events 

that rely on numerous wireless 

microphones are live programs that will 

not be broadcast or recorded, and thus 

producers of these live events are not 

currently eligible for a part 74 license, 

but yet may have the same wireless 

microphone requirements. Live 

programs of professional arts, 

entertainment, and sporting events that 

require multiple vacant TV channels to 

accommodate numerous wireless 

microphones may be sufficiently 

analogous to the uses now permitted by 

part 74 as to be a reasonable basis for 

expanding licensee eligibility. 

Moreover, such operations may warrant 

the interference protection that can only 

be assured under a license. For example, 

the Commissions provisions for TV 

Band Devices provide for licensed low 

power auxiliary stations to be registered 

in a data base to assure protection 

against harmful interference. The 

Commission recognize, however, that 

some of these live arts, entertainment, 

and sporting events may only require 

the use of a few wireless microphones 

and thus have greater flexibility to select 

TV band channels that are free of 

interference. Events that use only a few 

wireless microphones may not require 

the assurance of interference protection 

afforded by a license. 

21. Certain other wireless microphone 

uses, such as those at services 

conducted by religious organizations, 

may also warrant provisions for licensed 

operation under part 74 because they 

bear important similarities to the uses 

now permitted by part 74. For example, 

some events at venues used for religious 

purposes also may require multiple 

vacant TV channels to accommodate all 

of the wireless microphones needed. 

While it is not clear from the record 

currently before us, in some cases 

religious organizations may already be 

eligible for a part 74 license if they 

broadcast or record events at religious 

venues and they hold a recognized 

broadcast license or qualify as television 

or motion picture producers under the 

rules. In other cases, as with theatrical 

productions and sporting events, some 

events at religious facilities are live 

programs that will not be broadcast or 

recorded, and thus producers of these 

live events are not currently eligible for 

a part 74 license, but yet have the same 

wireless microphone requirements. In 

contrast, it may be that at many 

religious facilities services are 

conducted using only a few wireless 

microphones and may have greater 

flexibility to select TV channels that are 

free of interference. These religious 

facilities may not require the assurance 

of interference protection afforded by a 

license. 

22. The Commission seeks comment 

on whether to authorize licensed 

wireless microphone use by the entities 

discussed above, at large theaters, 

entertainment complexes, sporting 

arenas, and religious facilities, and 

whether there is a need by these entities 

for the additional protections afforded 

part 74, Subpart H licensees in the TV 

bands. In this regard, the Commission 

seeks comment on how the Commission 

could more completely and precisely 

define the types of additional entities 

eligible for licensing so that the 

Commission can easily implement the 

licensing criteria that the Commission 

adopts for entities that merit licensee 

status while also ensuring that such 

status is limited to only eligible entities. 

For example, how should the 

Commission define professional arts, 

entertainment, or sporting events or 

eligible religious facilities? Should the 

Commission, for instance, base the 

eligibility on the size of the venue, such 

as specifying a minimum seating 

capacity? Should the Commission base 

eligibility on a minimum number of 

wireless microphones that these entities 

use on a regular basis, and if so, what 

should that number be? Should the 

Commission establish criteria for 

determining which specific users are 

eligible for a license and simply leave it, 

for example, to the religious 

organization or producer of live events 

to determine whether they need the 


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interference protection of a license? 

What other characteristics of the entities 

that potentially could be licensed if 

eligibility is expanded should be 

specified in the rules? Should licensing 

be limited to the owner or operator of 

a theater or stadium or religious facility 

or should the Commission allow a 

performing group or sports team or 

religious organization to hold the 

license for a specific venue at a specific 

time? Should it make a difference if the 

use is permanently housed at the venue 

(e.g., the home team at a specific 

stadium)? If the Commission were to 

expand license eligibility, the 

Commission also seeks comment on 

what modifications the Commission 

should make to the rules regarding 

scope of service and permissible 

transmissions. 

23. The Commission also invites 

comment on the impact of expanding 

part 74 licensing to include additional 

entities on the availability of spectrum 

for use by TV Band Devices. Would 

limiting these new licensees’ use to 

certain venues—such as large theaters, 

entertainment complexes, sporting 

arenas, and religious facilities—protect 

microphone use only at locations that 

can easily be identified and included in 

the TV Band Device database and only 

for particular dates/times and 

frequencies coinciding with actual use? 

The Commission ask that commenters 

address the practicability of producers 

of live arts, sporting events, and 

religious organizations providing up-todate information on venues and times of 

operation to the TV Band Device 

database on an ongoing basis, and how 

best to ensure that they do so. The 

Commission is particularly concerned 

that licensees may find it impractical to 

maintain the database with up-to-date 

information and instead may call for 

interference protection on all channels 

on a continuous basis, which could 

completely block access by TV Band 

Devices and therefore may lead to less 

efficient use of the spectrum. The 

Commission invites comment on this 

analysis. 

24. The Commission also seeks 

comment on whether the Commission 

should modify the eligibility 

requirements for a part 74 license to 

include other entities that use wireless 

microphones, such as those operating at 

convention or trade shows, certain other 

cultural events, or governmental or 

educational institutions. Do these or 

other additional entities need 

interference protection from TV Band 

Devices that is afforded to part 74, 

Subpart H licensees? Or would, instead, 

the operation of wireless microphones 

by these and other users effectively be 

accommodated were they to operate on 

an unlicensed basis under part 15, 

similar to the TV Band Devices? To the 

extent that commenters propose that 

these or other entities be eligible for part 

74 licensing, the Commission seeks 

comment on which particular entities 

merit protection. The Commission also 

seek comment on how, precisely, the 

Commission should define any 

additional class of entity that should be 

eligible to hold a license and the 

protections afforded by the database. As 

discussed above, the Commission seeks 

comment on whether wireless 

microphone use would be protected at 

locations that can easily be identified 

and included in the TV Band Device 

database and only for particular dates/ 

times and frequencies coinciding with 

actual use. Commenters should address 

the practicality of whether any 

additional entities would provide up-todate information on venues and times of 

operation to the TV Band Device 

database on an ongoing basis, such that 

they would only have database 

protection at times of use and not 

otherwise block access to the spectrum 

for use by TV Band Devices, which 

could lead to inefficient use of the TV 

bands spectrum. 

25. The Commission seeks to balance 

the needs of potential new classes of 

wireless microphone licensees with 

other users of the TV bands. The 

Commission note that, while some 

commenters have advocated for changes 

in the eligibility requirements to allow 

particular groups of users to operate 

wireless microphones in the TV bands, 

no commenter has advocated allowing 

anyone who desires to operate a 

wireless microphone to apply for or 

obtain a part 74 license and associated 

terms and conditions. If the Commission 

were to expand part 74, Subpart H to 

include all of the existing users and 

applications, the eligibility would be 

expanded so extensively that virtually 

anyone would be eligible for a license. 

The Commission is concerned that such 

an approach may not be viable. Because 

part 74 licensees have protection against 

interference from unlicensed part 15 

devices, such a broad expansion of 

eligibility could seriously reduce the 

amount of spectrum available for 

unlicensed TV Band Devices. This 

could be particularly true in heavily 

populated places, where there might be 

significant demand for operation of TV 

Band Devices as well. This expansion 

would significantly increase the number 

of part 74 licensees submitting 

information for inclusion in the TV 

Band Device database, thus increasing 

the cost and complexity of operating the 

database. The Commission invites 

comment on this analysis and the 

impact of expanding eligibility on the 

viability of TV Band Devices. 

26. The Commission notes that any 

expansion of the part 74 license 

eligibility will have an impact on the 

primary users of the TV bands (e.g., TV 

broadcasting stations) as well as on 

unlicensed wireless microphones and 

TV Band Devices that will be 

introduced in the future. Is it practical 

for newly eligible users to comply with 

all of the part 74 requirements that 

apply to existing eligibles, such as the 

requirement to coordinate frequencies? 

How might an expansion of eligibility 

affect the viability of frequency 

coordination for all of the existing 

eligible users? Should the Commission 

place any additional requirements or 

limitations, for example, on the amount 

of spectrum that can be used in a given 

location by the newly eligible users? 

Consistent with the current Section 

74.832(d) rule, which limits operation of 

low power auxiliary stations by nonbroadcast entities to frequencies in the 

TV bands, the Commission seek 

comment on whether any expanded part 

74 eligibility cover operations in only 

the TV bands and not the non-TV band 

frequencies listed in Section 74.802(a). 

27. The Commission underscores that 

irrespective of whether it revises the 

eligibility requirements under part 74, 

entities that use wireless microphones 

would be permitted to operate wireless 

microphones under the Commission’s 

proposed part 15 rules, and also under 

part 90 which is discussed below. In 

short, even if the Commission does not 

significantly expand eligibility under 

part 74, the Commission notes that users 

would still be able to operate wireless 

microphones under the Commission’s 

proposed part 15 rules or under the part 

90 rules. 

28. License Terms. The Commission 

seeks comment on the length of initial 

and renewal license terms for 

authorizations issued to entities that 

obtain licenses under any expanded 

eligibility categories that the 

Commission adopts under part 74 of the 

Commission’s rules. Under Section 

74.15 of the rules, low power auxiliary 

station licensees have license terms that 

either run concurrently with the license 

of the associated broadcast station, or 

for a period running concurrently with 

the normal licensing period for 

broadcast stations located in the same 

area of operation. Broadcast or low 

power TV station licensees are issued 

low power auxiliary station licenses 

with a term that runs concurrently with 

the license term of the associated 

broadcast station. Broadcast network 


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entities, cable television system 

operators, motion picture producers, 

and television program producers have 

license terms that run concurrently with 

the normal licensing period for 

broadcast stations located in the same 

area of operation. This results in an 

initial term that is no more than eight 

years but may be substantially less than 

eight years, because low power auxiliary 

station licenses may be obtained in the 

middle of the license terms of broadcast 

stations located in the same area of 

operation. 

29. In this FNPRM, the Commission is 

seeking comment on a limited 

expansion of the eligibility provisions 

for part 74, Subpart H licenses. In the 

event that there is an expansion in 

eligibility, the Commission seeks 

comment on whether the license terms 

for any new classes of eligible users of 

low power auxiliary stations should be 

the same as the license terms that 

currently apply to part 74, Subpart H 

licensees, as discussed above. The 

Commission also seeks comment on 

whether some other license term should 

apply to these new eligible users in the 

event that the Commission revises the 

eligibility categories. The Commission 

notes that if the Commission were to 

apply the existing rules governing 

license terms for low power auxiliary 

stations, their license terms would run 

concurrently with the normal licensing 

period for their local broadcast stations. 

In some cases, this would result in a 

license term that would be substantially 

less than the local broadcaster’s term of 

eight years, because some low power 

auxiliary station licensees may obtain 

their licenses in the middle of their 

local broadcaster’s license term. The 

Commission invites comment on 

whether some other license term should 

apply to parties that would be eligible 

under revised rules. For example, 

should licenses obtained by a newly 

eligible person or organization be issued 

for a term not to exceed ten years from 

the date of initial issuance or renewal or 

should some other period be adopted 

and, if so, what should be the length of 

the license term? The Commission note 

that the Commission’s rules generally 

provide for a license term of ten years 

for wireless licenses. 

30. Nuclear Energy Institute and 

Utilities Telecom Council Petition for 

Waiver. The Commission note that the 

Nuclear Energy Institute and Utilities 

Telecom Council (NEI/UTC) has 

recently petitioned the Commission for 

a waiver of the ‘‘allocation and licensing 

provisions’’ of the part 2 and 90 rules to 

permit ‘‘Power Licensees’’ as defined in 

Section 90.7 of the Commission’s rules 

to obtain licenses under part 90 for the 

use of certain equipment certificated for 

use under Subpart H of part 74 of the 

rules, inside nuclear power plants. The 

Commission seeks comment on whether 

it would serve the public interest to 

extend the license eligibility under 

Subpart H of part 74 of the rules to 

permit the use of low power auxiliary 

stations inside nuclear power plants. 

How should the Commission define 

eligibility for such licenses? Are there 

any specific concerns associated with 

permitting operations under Subpart H 

of part 74 inside commercial nuclear 

power plants or any special conditions 

that should apply to any license for 

such use? To the extent the Commission 

may decide to expand license eligibility 

to include users in commercial nuclear 

power plants, the Commission seeks 

comment on the spectrum bands that 

should be made available for this 

category of users. The Commission also 

seeks comment on whether any other 

modification to the part 74 rules would 

be necessary to accommodate such use 

inside commercial nuclear power 

plants. 

3. Marketing and Labeling Issues for 

Part 74 Low Power Auxiliary Stations 

31. The Commission seeks comment 

on issues related to the marketing of 

part 74 low power auxiliary stations that 

could help ensure that entities that are 

not eligible to operate these devices do 

not purchase them. The Commission 

expects that some devices will be 

certificated to operate under only part 

74 of the rules, either because the 

output power level exceeds the part 15 

limits or simply because the 

manufacturer chose not to obtain a part 

15 certification. In seeking comment, 

the Commission recognize that, under 

its proposed dual regulatory approach 

for operating wireless microphones in 

the TV bands, it is possible that some 

devices could meet the technical 

requirements in both parts 15 and 74 of 

the rules and be certificated to operate 

under both of those parts. Such devices 

could be operated by any party without 

a license, and by eligible parties that 

have obtained a part 74 license. 

32. The Commission seeks comment 

on whether a marketing restriction 

should be imposed on manufacturers 

with respect to equipment that is 

certificated for use by part 74 licensees. 

For example, the Commission seeks 

comment on whether the Commission 

should adopt a rule requiring that the 

marketing of equipment certificated 

under part 74, Subpart H of the 

Commission’s rules be directed solely to 

parties eligible to operate the 

equipment. The Commission also seeks 

comment on whether, as a part of such 

a rule, that the Commission provide that 

marketing of such equipment in any 

other manner may be considered 

grounds for revocation of the grant of 

certification issued for the equipment. 

In addition, The Commission seek 

comment on whether some other 

restriction, or additional restrictions, 

should be adopted, including record 

keeping requirements for manufacturers 

to track to whom their products are 

marketed, or to ensure that these 

devices are marketed in a manner that 

is consistent with the restrictions on 

their use. 

33. The Commission seeks further 

comment on whether any rules are 

necessary to ensure that purchasers of 

low power auxiliary stations that are 

certificated under only part 74 of the 

rules are made aware of the part 74 

licensing requirements. For example, 

should manufacturers be required to 

provide a label visible at the time of 

purchase advising of the requirement to 

obtain a license? Should there be a label 

on the device itself indicating that a 

license is required? Should the 

instruction manual contain advisory 

information about the licensing 

requirements? What labeling or advisory 

information should be required? 

34. Similarly, the Commission seeks 

comment on any responsibility that 

manufacturers, retailers, and 

distributors should have to notify 

customers about the licensing 

requirements or steps they could take 

ensure that low power auxiliary stations 

are not marketed to ineligible users. 

Should there be some form of 

responsibility or accountability placed 

upon one or more of these entities at the 

point of sale and, if so, what should it 

be? The Commission seeks comment, for 

example, on whether the Commission 

should prohibit manufactures, retailers 

and distributors from selling or 

distributing low power auxiliary 

stations, including wireless 

microphones unless such sale is to a 

party that has committed in writing that 

the party is a bona fide reseller or a 

party eligible to be a low power 

auxiliary station licensee pursuant to 

part 74 of the Commission’s rules. The 

Commission also seeks comment on 

whether manufacturers, importers, and 

retailers should be required to retain 

records of such written commitments 

for at least two years from the date of 

sale of the device. The Commission also 

seeks comment on whether 

manufacturers, retailers, or distributors 

could require a facility identification 

number associated with a Commission 

license, or some other form of 

identification which shows that the 

purchaser is a licensee. Another 


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alternative would be for the 

manufacturer, retailer, or distributor to 

cross-check a purchaser against 

information, perhaps in a database 

provided by the Commission, to 

determine whether a purchaser is an 

eligible user. The Commission seeks 

comment on whether any of these 

alternatives should be adopted in order 

to provide a sufficient level of 

responsibility or accountability at the 

point of sale, or whether some variation 

or some other method should be 

adopted instead. 

4. Possible Longer-Term Solutions 

35. The Commission invites comment 

on additional changes it should 

consider that could help ensure that a 

variety of wireless microphone uses can 

best be accommodated with other uses 

in the bands over the longer term, and 

that spectrum is used efficiently and 

effectively by wireless microphones. 

Efficient wireless microphone 

operations should increase spectrum 

availability for other uses, including the 

continued development of wireless 

broadband. In this FNPRM the 

Commission proposes to allow wireless 

microphones to operate on an 

unlicensed basis in the TV bands under 

part 15 of the rules. Under this proposal, 

wireless microphones would share 

spectrum with TV band devices, and the 

Commission seek comment on the 

extent to which wireless microphones 

can operate more efficiently in order to 

make spectrum available for other uses. 

36. The Commission note that the 

majority of wireless microphones 

currently in use are frequency 

modulated analog devices that operate 

with a bandwidth of up to 200 kHz. For 

various reasons, such as the need to 

avoid intermodulation interference 

among the devices, the maximum 

number of wireless microphones that 

operate simultaneously in a 6 megahertz 

TV channel may be as few as six or 

eight. In other words, only 1.2–1.6 

megahertz of the 6 megahertz TV 

channel may only be used while the 

remainder is effectively left fallow. In 

locations where many wireless 

microphones are being used 

simultaneously, this can result in 

inefficient use of valuable spectrum. 

The Commission seeks comment on this 

use of spectrum by wireless 

microphones, and on what steps the 

Commission can take to ensure that 

wireless microphones are using 

spectrum more efficiently. 

37. The Commission notes that most 

other radio communications services 

have shifted from analog to digital 

technology to improve spectrum 

efficiency and resistance to interference. 

The Commission seeks comment on the 

state of technological developments that 

could similarly enable wireless 

microphones to operate more efficiently 

and/or improve their immunity to 

harmful interference, which could make 

more spectrum available for other users. 

What steps could the Commission take 

that would encourage the use of new 

digital technology or other equipment 

that would allow more microphones to 

be used in a single channel? The 

Commission also seeks comment on 

whether there are devices currently 

available that would provide for such 

operations, on the length of time it may 

take to transition to such technology, 

and on what incentives the Commission 

could adopt to facilitate this transition. 

38. Finally, the Commission seek 

comment on any other steps that the 

Commission should take in the long 

term to encourage technological 

improvements with the goal of ensuring 

that the core TV spectrum, which is 

shared by many users, is more 

efficiently used and thus more available 

to a range of users for new and 

innovative products and services. Are 

there approaches to spectrum 

management, such as authorizing a band 

manager, that would achieve the 

efficient use of spectrum by these 

devices? 

B. Licensed Operation Under Part 90 

39. The Commission seeks comment 

on steps the Commission should take to 

revise the part 90 wireless microphone 

rules to make them more useful to 

wireless microphone users. In 

particular, the Commission seeks 

comment on why relatively few entities 

operate under the current part 90 rules. 

For example, are too few frequencies 

available under part 90? Does the 

narrower bandwidth permitted under 

part 90 (54 kHz) as compared to part 74 

(200 kHz) affect the audio quality of part 

90 wireless microphones? Does the part 

90 eligibility or licensing requirements 

discourage use of part 90 wireless 

microphones by some parties? Are part 

90 wireless microphones readily 

available to entities that wish to 

purchase them? What rule parts other 

than part 90 and part 74 should the 

Commission consider for licensing 

wireless microphones? 

II. Procedural Matters 

Initial Regulatory Flexibility Analysis 

40. As required by the Regulatory 

Flexibility Act, see 5 U.S.C. 603, the 

Commission has prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

of the possible significant economic 

impact on small entities of the policies 

and rules proposed in this document. 

Written public comments are requested 

on the IRFA. These comments must be 

filed in accordance with the same filing 

deadlines as comments filed in response 

to this FNPRM and have a separate and 

distinct heading designating them as 

responses to the IRFA. 

Initial Regulatory Flexibility Analysis 

41. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this present Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

a substantial number of small entities by 

the policies and rules proposed in this 

Further Notice of Proposed Rule Making 

(FNPRM). Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments on the Notice provided in 

Section V.F.2. of the item. The 

Commission will send a copy of the 

FNPRM, including this IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA). In 

addition, the FNPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

A. Need for, and Objectives of, the 

Proposed Rules 

42. The FNPRM addresses the use of 

wireless low power auxiliary stations, 

including wireless microphones, that 

operate on TV channels 2–51, excluding 

channel 37, (‘‘the TV bands’’) by entities 

that are not eligible for a part 74 license. 

In light of the important functions that 

these types of devices provide to the 

public, the Commission believes that 

developing rules to provide for the 

unlicensed use of wireless low power 

auxiliary stations, including wireless 

microphones, in the TV bands would 

serve the public interest. While wireless 

microphones are available for use on an 

unlicensed basis in the 49 MHz, 902– 

928 MHz and 2.4 GHz bands and on a 

licensed basis by some entities under 

part 90 in the 170 MHz band, many 

entities are using wireless microphones 

designed for use in the TV bands on an 

unauthorized basis. The reasons for the 

use of TV band wireless microphones 

are varied including, for example, the 

amount of spectrum that is available for 

their use in the TV bands can 

accommodate multiple microphones at 

one venue and the sound fidelity that is 

achieved by TV band microphones is 

much higher than that of microphones 

that operate in other bands. 

43. Certain users of wireless 

microphones that are not currently 

eligible for a low power auxiliary station 


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license under part 74 may have needs 

that are similar to existing eligible 

licensees and may have a need for the 

interference protection that a license 

affords. The FNPRM seeks comment on 

whether to revise the Commission’s 

rules to provide for a limited expansion 

of eligibility that would permit such 

users to hold a part 74 license in the TV 

bands. For example, the FNPRM seeks 

comment on whether to expand 

eligibility for licensing under part 74, 

Subpart H of the rules to include large 

theaters, entertainment complexes, 

sporting arenas, and religious facilities. 

The FNPRM also seeks comment on 

whether the Commission should modify 

the eligibility requirements for a part 74 

license to include other entities that use 

wireless microphones, such as those 

operating at convention or trade shows, 

certain other cultural events, or 

governmental or educational 

institutions. 

B. Legal Basis 

44. The proposed action is authorized 

under Sections 4(i), 301, 302, 303(e), 

303(f), 303(r), 304 and 307 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 301, 

302, 303(e), 303(f), 303(r), 304 and 307. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

45. 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. The RFA 

generally defines the term ‘‘small entity’’ 

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the ‘‘small business’’ has the 

same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A ‘‘small business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of 

operations; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

46. Nationwide, there are a total of 

approximately 29.6 million small 

businesses, according to the SBA. A 

‘‘small organization’’ is generally ‘‘any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field.’’ 

Nationwide, as of 2002, there were 

approximately 1.6 million small 

organizations. 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.’’ 

Census Bureau data for 2002 indicate 

that there were 87,525 local 

governmental jurisdictions in the 

United States. The Commission 

estimates that, of this total, 84,377 

entities were ‘‘small governmental 

jurisdictions.’’ Thus, the Commission 

estimates that most governmental 

jurisdictions are small. 

47. In the Report and Order, the 

Commission concludes that low power 

auxiliary stations authorized under part 

74 of the Commission’s rules— 

including wireless microphones—will 

not be permitted to operate in the 700 

MHz Band after the DTV transition. The 

Commission also concludes to prohibit 

the manufacture, import, sale, offer for 

sale, or shipment of devices that operate 

as low power auxiliary stations in the 

700 MHz Band, effective upon the 

publication of a summary of the Report 

and Order in the Federal Register. 

Under Section 74.832 of the 

Commission’s rules, only certain 

entities may be issued licenses 

authorizing the use of low power 

auxiliary stations. In particular, these 

entities fall within the following 

categories: (1) Licensees of AM, FM, TV, 

or International broadcast stations or 

low power TV stations; (2) broadcast 

network entities; (3) certain cable 

television system operators; (4) motion 

picture and television program 

producers as defined in the rules; and 

(5) certain entities with specified 

interests in Broadband Radio Service 

(BRS), Educational Broadcast Service 

(EBS) licenses, i.e., BRS licensees 

(formerly licensees and conditional 

licensees of stations in the Multipoint 

Distribution Service and Multi-channel 

Multipoint Distribution Service), or 

entities that hold an executed lease 

agreement with a BRS licensee or 

conditional licensee or entities that hold 

an executed lease agreement with an 

Educational Broadcast Service (formerly 

Instructional Television Fixed Service) 

licensee or permittee. 

48. Radio Stations. This Economic 

Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public. Programming may originate 

in their own studio, from an affiliated 

network, or from external sources.’’ The 

SBA has established a small business 

size standard for this category, which is: 

such firms having $7.0 million or less in 

annual receipts. According to 

Commission staff review of BIA 

Publications, Inc.’s Master Access Radio 

Analyzer Database on March 31, 2005, 

about 10,840 (95%) of 11,410 

commercial radio stations had revenues 

of $6 million or less. Therefore, the 

majority of such entities are small 

entities. 

49. The Commission note, however, 

that in assessing whether a business 

concern qualifies as small under the 

above size standard, business 

affiliations must be included. In 

addition, to be determined to be a ‘‘small 

business,’’ the entity may not be 

dominant in its field of operation. The 

Commission notes that it is difficult at 

times to assess these criteria in the 

context of media entities, and the 

Commission’s estimate of small 

businesses may therefore be overinclusive. 

50. Television Broadcasting. The 

Census Bureau defines this category as 

follows: ‘‘This industry 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.’’ 

The SBA has created a small business 

size standard for Television 

Broadcasting entities, which is: Such 

firms having $14.0 million or less in 

annual receipts. The Commission has 

estimated the number of licensed 

commercial television stations to be 

1,379. In addition, according to 

Commission staff review of the BIA 

Publications, Inc.’s Master Access 

Television Analyzer Database on March 

30, 2007, about 986 of an estimated 

1,374 commercial television stations (or 

approximately 72 percent) had revenues 

of $13 million or less. The Commission 

therefore estimates that the majority of 

commercial television broadcasters are 

small entities. 

51. The Commission note, however, 

that in assessing whether a business 

concern qualifies as small under the 

above definition, business (control) 

affiliations must be included. The 

Commission’s estimate, therefore, likely 

overstates the number of small entities 

that might be affected by its 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. The 

Commission is 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. 

52. In addition, the Commission has 

estimated the number of licensed 


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noncommercial educational (NCE) 

television stations to be 380. These 

stations are non-profit, and therefore 

considered to be small entities. There 

are also 2,295 low power television 

stations (LPTV). Given the nature of this 

service, the Commission will presume 

that all LPTV licensees qualify as small 

entities under the above SBA small 

business size standard. 

53. 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.’’ The SBA has developed a 

small business size standard for this 

category, which is: all such firms having 

1,500 or fewer employees. To gauge 

small business prevalence for these 

cable services the Commission must, 

however, use current census data that 

are based on the previous category of 

Cable and Other Program Distribution 

and its associated size standard; that 

size standard was: all such firms having 

$13.5 million or less in annual receipts. 

According to Census Bureau data for 

2002, there were a total of 1,191 firms 

in this previous category that operated 

for the entire year. Of this total, 1,087 

firms had annual receipts of under $10 

million, and 43 firms had receipts of 

$10 million or more but less than $25 

million. Thus, the majority of these 

firms can be considered small. 

54. 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 

cable company’’ is one serving 400,000 

or fewer subscribers, nationwide. 

Industry data indicate that, of 1,076 

cable operators nationwide, all but 

eleven are small under this size 

standard. In addition, under the 

Commission’s rules, a ‘‘small system’’ is 

a cable system serving 15,000 or fewer 

subscribers. Industry data indicate that, 

of 7,208 systems nationwide, 6,139 

systems have fewer than 10,000 

subscribers, and an additional 379 

systems have 10,000–19,999 

subscribers. Thus, under this second 

size standard, most cable systems are 

small. 

55. 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.’’ 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. 

Industry data indicate that, of 1,076 

cable operators nationwide, all but ten 

are small under this size standard. The 

Commission 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, 

and therefore the Commission is unable 

to estimate more accurately the number 

of cable system operators that would 

qualify as small under this size 

standard. 

56. Motion Picture and Video 

Producers. This economic census 

category comprises ‘‘establishments 

primarily engaged in producing, or 

producing and distributing motion 

pictures, videos, television programs, or 

television commercials.’’ The SBA has 

developed a small business size 

standard for firms within this category, 

which is: firms with $27 million or less 

in annual receipts. According to Census 

Bureau data for 2002, there were 7,772 

firms in this category that operated for 

the entire year. Of this total, 7,685 firms 

had annual receipts of under $25 

million and 45 firms had annual 

receipts of $25 million to $49,999,999. 

Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. 

57. Broadband Radio Service 

(formerly Multipoint Distribution 

Service) and Educational Broadband 

Service (formerly Instructional 

Television Fixed Service). Multichannel 

Multipoint Distribution Service (MMDS) 

systems, often referred to as ‘‘wireless 

cable,’’ transmit video programming to 

subscribers using the microwave 

frequencies of the Multipoint 

Distribution Service (MDS) and 

Instructional Television Fixed Service 

(ITFS). In its BRS/EBS Report and Order 

in WT Docket No. 03–66, the 

Commission comprehensively reviewed 

its policies and rules relating to the 

ITFS and MDS services, and replaced 

the MDS with the Broadband Radio 

Service and ITFS with the Educational 

Broadband Service in a new band plan 

at 2495–2690 MHz. In connection with 

the 1996 MDS auction, the Commission 

defined ‘‘small business’’ as an entity 

that, together with its affiliates, has 

average gross annual revenues that are 

not more than $40 million for the 

preceding three calendar years. The 

SBA has approved of this standard. 

58. In addition, the SBA has 

developed a small business size 

standard for Cable and Other Program 

Distribution, which is: All such firms 

having $13.5 million or less in annual 

receipts. According to Census Bureau 

data for 2002, there were a total of 1,191 

firms in this category that operated for 

the entire year. Of this total, 1,087 firms 

had annual receipts of under $10 

million, and 43 firms had receipts of 

$10 million or more but less than $25 

million. Thus, under this size standard, 

the majority of firms can be considered 

small. 

59. 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.’’ 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. 

According to Census Bureau data for 

2002, there were a total of 1,041 

establishments in this category that 

operated for the entire year. Of this 

total, 1,010 had employment of less than 

500, and an additional 13 had 

employment of 500 to 999. Thus, under 

this size standard, the majority of firms 

can be considered small. 

60. 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).’’ The SBA 

has developed a small business size 

standard for Other Communications 

Equipment Manufacturing, which is: All 


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such firms having 750 or fewer 

employees. According to Census Bureau 

data for 2002, there were a total of 503 

establishments in this category that 

operated for the entire year. Of this 

total, 493 had employment below 500, 

and an additional 7 had employment of 

500 to 999. Thus, under this size 

standard, the majority of firms can be 

considered small. 

61. 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; 

(2) establishments specializing in 

retailing a single line of consumer-type 

electronic products (except computers); 

or (3) establishments primarily engaged 

in retailing these new electronic 

products in combination with repair 

services.’’ The SBA has developed a 

small business size standard for Radio, 

Television, and Other Electronics 

Stores, which is: all such firms having 

$8 million or less in annual receipts. 

According to Census Bureau data for 

2002, there were 10,380 firms in this 

category that operated for the entire 

year. Of this total, 10,080 firms had 

annual sales of under $5 million, and 

177 firms had sales of $5 million or 

more but less than $10 million. Thus, 

the majority of firms in this category can 

be considered small. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

62. The FNPRM seeks comment on 

whether to expand the eligibility to 

operate wireless microphones under 

part 74 of the rules, and to allow 

wireless microphones to operate in the 

TV bands under part 15 of the rules. 

63. Parties operating low power 

auxiliary stations in the TV bands under 

part 74 of the rules are required to be 

licensed. Only entities that fall within 

the following categories are currently 

eligible for a part 74 license: (1) 

Licensees of AM, FM, TV, or 

International broadcast stations or low 

power TV stations; (2) broadcast 

network entities; (3) certain cable 

television system operators; (4) motion 

picture and television program 

producers as defined in the rules; and 

(5) certain entities with specified 

interests in Broadband Radio Service 

(BRS) Educational Broadcast Service 

(EBS) licenses, i.e., BRS licensees, or 

entities that hold an executed lease 

agreement with a BRS licensee or 

conditional licensee or entities that hold 

an executed lease agreement with an 

Educational Broadcast Service licensee 

or permittee. The FNPRM seeks 

comment on whether to revise the 

Commission’s rules to provide for a 

limited expansion of eligibility that 

would permit such users to hold a part 

74 license in the TV bands. For 

example, the FNPRM seeks comment on 

whether to expand the eligibility for 

licensing to allow the use of wireless 

microphones or other low power 

auxiliary audio devices in large theaters, 

entertainment complexes, sporting 

arenas, and religious facilities. The 

FNPRM also seeks comment on whether 

the Commission should modify the 

eligibility requirements for a part 74 

license to include other entities that use 

wireless microphones, such as those 

operating at convention or trade shows, 

certain other cultural events, or 

governmental or educational 

institutions. If license eligibility is 

expanded, the additional entities 

eligible for licensing would have to 

apply for a license in the same manner 

as currently eligible parties. 

64. Most non-licensed transmitters are 

required to be authorized under the 

Commission’s certification procedure as 

a prerequisite to marketing and 

importation. The FNPRM proposes to 

allow wireless microphones to operate 

in the TV bands on a non-licensed basis 

under part 15 of the rules, and the 

proposed new types of wireless 

microphones would be subject to the 

same certification requirement. 

Operation of part 15 wireless 

microphones would not be limited to a 

defined group of eligible entities, so 

parties that are not eligible to operate 

wireless microphones on a licensed 

basis under part 74 of the rules would 

be able to operate these devices under 

part 15. The proposed technical 

requirements for part 15 wireless 

microphones are very similar to those 

for part 74 wireless microphones, except 

that the proposed maximum output 

power for part 15 wireless microphones 

is lower to reduce the risk of 

interference. The proposed power level 

is 50 milliwatts, while part 74 wireless 

microphones are permitted to operate 

with 50 milliwatts in the VHF band and 

250 milliwatts in the UHF band. 

65. The FNPRM seeks comment on 

whether a marketing restriction should 

be imposed on manufacturers with 

respect to equipment that is certificated 

for use by part 74 licensees. For 

example, the FNPRM seeks comment on 

whether the Commission should adopt 

a rule requiring that the marketing of 

equipment certificated under part 74, 

Subpart H of the Commission’s rules be 

directed solely to parties eligible to 

operate the equipment. 

66. The FNPRM seeks further 

comment on whether any rules are 

necessary to ensure that purchasers of 

low power auxiliary stations that are 

certificated under only part 74 of the 

rules are made aware of the part 74 

licensing requirements. For example, 

the FNPRM seeks comment on whether 

manufacturers should be required to 

provide a label visible at the time of 

purchase advising of the requirement to 

obtain a license? Similarly, the FNPRM 

seeks comment on any responsibility 

that manufacturers, retailers, and 

distributors should have to notify 

customers about the licensing 

requirements or steps they could take to 

ensure that low power auxiliary stations 

are not marketed to ineligible users. 

Should there be some form of 

responsibility or accountability placed 

upon one or more of these entities at the 

point of sale and, if so, what should it 

be? The FNPRM seeks comment, for 

example, on whether the rules should 

prohibit manufactures, retailers and 

distributors from selling or distributing 

low power auxiliary stations, including 

wireless microphones unless such sale 

is to a party that has committed in 

writing that the party is a bona fide 

reseller or a party eligible to be a low 

power auxiliary station licensee 

pursuant to part 74 of the Commission’s 

rules. In addition, the FNPRM seeks 

comment on whether manufacturers, 

retailers, or distributors could require a 

facility identification number associated 

with a Commission license, or some 

other form of identification which 

shows that the purchaser is a licensee. 

Another alternative would be for the 

manufacturer, retailer, or distributor to 

cross-check a purchaser against 

information, perhaps in a database 

provided by the Commission, to 

determine whether a purchaser is an 

eligible user. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

67. The RFA requires an agency to 

describe any significant, specifically 

small business, 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 and reporting requirements 

under the rule for such small entities; 

(3) the use of performance, rather than 

design standards; and (4) an exemption 


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from coverage of the rule, or any part 

thereof, for small entities.’’ 

68. The Commission is considering 

the extent to which it should expand 

eligibility to allow more parties to 

obtain a license to operate wireless 

microphones under part 74. It seeks 

comment on whether to expand 

eligibility to permit parties operating 

large theaters, entertainment complexes, 

sporting arenas and religious facilities to 

obtain part 74 licenses because these 

applications are similar to others which 

are currently permitted under part 74. 

The Commission also seeks comment on 

whether it should modify the eligibility 

requirements for a part 74 license to 

include other entities that use wireless 

microphones, such as those operating at 

convention or trade shows, certain other 

cultural events, or governmental or 

educational institutions. The 

Commission is considering whether the 

expansion should be limited, because a 

broad expansion in eligibility for 

licensing under part 74 could 

significantly reduce the amount of 

spectrum available for part 15 TV band 

devices, which have to protect licensed 

part 74 operations. 

69. The Commission considered and 

decided to propose allowing wireless 

microphones to operate in the TV bands 

on a non-licensed basis under part 15 of 

the rules. The proposed technical 

requirements are consistent with the 

current part 74 technical requirements 

for wireless microphones, meaning that 

manufacturers should be able to certify 

equipment under part 15 with few or no 

changes from currently available 

designs, thus minimizing the economic 

burden on manufacturers. This 

proposed approach would allow parties 

such conference and special events 

centers; schools and other educational 

facilities; Federal State and local 

government agencies; tour guides; a 

variety of small entertainment venues, 

clubs and other social organizations, 

meeting and gathering places that are 

not currently eligible to operate wireless 

microphones in the TV bands to legally 

operate them. The proposed approach 

places part 15 wireless microphones on 

a more equal footing to TV band devices 

in terms of interference protection. 

70. In seeking comment on whether 

any rules are necessary to ensure that 

purchasers of low power auxiliary 

stations that are certificated under only 

part 74 of the rules are made aware of 

the part 74 licensing requirements, the 

Commission will carefully consider 

alternatives that would mitigate the 

impact that such rules may have on 

small entities. Similarly, to the extent 

the Commission considers rules that 

would impose responsibilities on 

manufacturers, retailers, and 

distributors to notify customers about 

the licensing requirements or steps they 

could take to ensure that low power 

auxiliary stations are not marketed to 

ineligible users, the Commission will 

seek to examine alternatives that would 

not be burdensome on small entities. 

The Commission seeks comment on 

whether there should be some form of 

responsibility or accountability placed 

upon manufacturers, retailers, or 

distributors, and it is considering a 

number of alternatives, such as 

requiring that (1) Sales of equipment 

only be made to a party that has 

committed in writing that the party is a 

bona fide reseller or a party eligible to 

be a low power auxiliary station 

licensee pursuant to part 74 of the 

Commission’s rules; (2) a facility 

identification number associated with a 

Commission license, or some other form 

of identification shows that the 

purchaser is a licensee be developed; 

and (3) requiring a manufacturer, 

retailer, or distributor to cross-check a 

purchaser against information, perhaps 

in a database provided by the 

Commission, to determine whether a 

purchaser is an eligible user. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

None. 

Initial Paperwork Reduction Act 

Analysis 

71. This FNPRM does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified 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). 

Congressional Review Act 

72. The Commission will include a 

copy of this Report and Order and 

Further Notice of Proposed Rulemaking 

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). 

Other Procedural Matters 

1. Ex Parte Presentations 

73. The rulemaking shall be treated as 

a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented generally is 

required. Other requirements pertaining 

to oral and written presentations are set 

forth in Section 1.1206(b) of the 

Commission’s rules. 

2. Comment Filing Procedures 

74. 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. Comments 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 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• 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 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. 

• Effective December 28, 2009, all 

hand-delivered or messenger-delivered 

paper filings for the Commission’s 

Secretary must be delivered to FCC 

Headquarters at 445 12th St., SW., Room 

TW–A325, Washington, DC 20554. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes 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. 

75. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

76. People with Disabilities: To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an e-mail to 


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fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

For further information regarding the 

Further Notice of Proposed Rule 

Making, contact Paul D’Ari, Wireless 

Telecommunications Bureau, (202) 418– 

1550, e-mail Paul.Dari@fcc.gov, or Hugh 

L. Van Tuyl, Office of Engineering and 

Technology, (202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

III. Ordering Clauses 

77. It is further ordered that the 

Commission shall send a copy of this 

Report and Order and Further Notice of 

Proposed Rulemaking 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). 

77. It is further ordered pursuant to 

Sections 4(i), 302, 303(e), 303(f), 303(r) 

and 307 of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 302, 

303(e), 303(f), 303(r) and 307 that this 

FNPRM in WT Docket No. 08–166, WT 

Docket No. 08–167 and ET Docket No. 

10–24 is adopted. 

79. It is further ordered that pursuant 

to applicable procedures set forth in 

Sections 1.415 and 1.419 of the 

Commission’s Rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments on the FNPRM on or before 

30 days after publication in the Federal 

Register and reply comments on or 

before 51 days after publication in the 

Federal Register. 

80. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this FNPRM, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 15 

Communications equipment, 

Labeling, and Reporting and 

recordkeeping requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rules 

For the reason discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 15 as follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

1. The authority citation of part 15 

continues to read as follows: 

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

307, 336, and 544A. 

2. Section 15.3 is amended by adding 

a new paragraph (hh) to read as follows: 

§ 15.3 Definitions. 

* * * * * 

(hh) Wireless Audio Device. An 

intentional radiator that is used to 

transmit voice, music or other audio 

material over a short distance. 

Transmissions may be either analog or 

digital. Data transmissions are not 

permitted except for short strings such 

as recognition codes necessary to ensure 

the functionality of a system. 

Transmission of audio material to the 

public switched telephone network and 

private and commercial wireless 

systems and networks is not permitted. 

3. A new § 15.238 added to read as 

follows: 

§ 15.238 Operation in the bands 54–72 

MHz, 76–88 MHz, 174–216 MHz, 470–608 

MHz and 614–698 MHz. 

(a) Operation under this section is 

limited to wireless audio devices as 

defined in § 15.3(hh). 

(b) Operation is limited to locations 

removed from existing co-channel TV 

broadcast stations by not less than the 

following distances. See § 73.609 for 

zone definitions. 

(1) 54.000–72.000 MHz and 76.000– 

88.000 MHz: 

(i) Zone I 105 km (65 miles) 

(ii) Zones II and III 129 km (80 miles) 

(2) 174.000–216.000 MHz: 

(i) Zone I 97 km (60 miles) 

(ii) Zones II and III 129 km (80 miles) 

(3) 470.000–608.000 MHz and 

614.000–698.000 MHz: All zones 113 

km (70 miles) 

(c) Specific frequency operation is 

required as follows. 

(1) The frequency selection shall be 

offset from the upper or lower band 

limits by 25 kHz or an integral multiple 

thereof. 

(2) One or more adjacent 25 kHz 

segments within the assignable 

frequencies may be combined to form a 

channel whose maximum bandwidth 

shall not exceed 200 kHz. The operating 

bandwidth shall not exceed 200 kHz. 

(3) The frequency tolerance of the 

carrier signal shall be maintained within 

+/¥0.005% of the operating frequency 

over a temperature variation of ¥20 

degrees to +50 degrees C at normal 

supply voltage, and for a variation in the 

primary supply voltage from 85% to 

115% of the rated supply voltage at a 

temperature of 20 degrees C. Battery 

operated equipment shall be tested 

using a new battery. 

(d) The unmodulated carrier power at 

the antenna input may not exceed 50 

mW. 

(e) The mean power of out-of-band 

emissions must comply with the 

following: 

(1) On any frequency removed from 

the operating frequency by more than 

50% and up to 100% of the authorized 

bandwidth: at least 25 dB. 

(2) On any frequency removed from 

the operating frequency by more than 

100% and up to 250% of the authorized 

bandwidth: at least 35 dB. 

(3) On any frequency removed from 

the operating frequency by more than 

250% of the authorized bandwidth: 

43+10 log P dB where P is the mean 

output power in watts. 

[FR Doc. 2010–1149 Filed 1–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 09–194; DA 10–70] 

Empowering Parents and Protecting 

Children in an Evolving Media 

Landscape 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; extension of 

comment and reply dates. 

SUMMARY: This document extends the 

period of time in which to file 

comments and reply comments in 

response to the FCC’s Notice of Inquiry 

(74 FR 61308, Nov. 24, 2009) seeking 

comment on how to empower parents to 

help their children take advantage of the 

opportunities offered by evolving 

electronic media technologies while at 

the same time protecting children from 

the risks inherent in use of these 

technologies. 

DATES: Comments are due February 24, 

2010; reply comments are due 

March 26, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Room TW–A325, Washington, DC 

20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact David Konczal, 

Media Bureau, Policy Division at (202) 

418–2228 or at David.Konczal@fcc.gov, 

Kim Matthews, Media Bureau, Policy 

Division at (202) 418–2154 or at 

Kim.Matthews@fcc.gov, or Holly Saurer, 

Media Bureau, Policy Division at (202) 

418–7283 or at Holly.Saurer@fcc.gov. 

SUPPLEMENTARY INFORMATION: We have 

received two requests for an extension 

of time in which to file comments and 

reply comments in response to the 


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