[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Rules and Regulations]
[Pages 3622-3639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1216]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, and 74

[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: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this Report and Order, the Commission establishes a 
deadline for wireless microphones and other low power auxiliary 
stations to cease operation in the 700 MHz Band. The Commission also 
adopts an early clearing mechanism by which 700 MHz public safety and 
commercial licensees can provide notice that they are initiating 
operations in the 700 MHz Band. In addition, the Commission prohibits 
the manufacture, import, sale, lease, offer for sale or lease, or 
shipment of wireless microphones and other low power auxiliary stations 
intended for use in the 700 MHz Band. With regard to users who are not 
eligible for, or who do not hold part 74, Subpart H license 
authorizations, the Commission waive its part 15 rules for a limited 
period. Finally, the Commission adopts certain disclosure requirements 
under which manufacturers, dealers, distributors, and other entities 
that sell or lease these devices must display a consumer disclosure at 
the point of sale or lease.

DATES: Effective January 22, 2010, except for Sec. Sec.  15.216, 
74.802(e)(2), and 74.851(h) and (i), which contains information 
collection requirements that have not been approved by OMB. The FCC 
will publish a document in the Federal Register announcing the 
effective date.

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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> 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.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#266065651316126640454508414950"><span class="__cf_email__" data-cfemail="12545151272226527471713c757d64">[email protected]</span></a> 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: For further information, contact Paul 
D'Ari, Wireless Telecommunications Bureau, (202) 418-1550, e-mail 
<a href="/cdn-cgi/l/email-protection#5a0a3b2f36741e3b28331a3c3939743d352c"><span class="__cf_email__" data-cfemail="3868594d54167c594a51785e5b5b165f574e">[email protected]</span></a>, or Hugh L. Van Tuyl, Office of Engineering and 
Technology, (202) 418-7506, e-mail <a href="/cdn-cgi/l/email-protection#f9b18c9e91d7af9897ad8c8095b99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="83cbf6e4ebadd5e2edd7f6faefc3e5e0e0ade4ecf5">[email protected]</span></a>.

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 Further Notice 
of Proposed Rulemaking (FNPRM) 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 <a href="/cdn-cgi/l/email-protection#f5b3b6b6b5b7b6a5bca2b0b7db969a98"><span class="__cf_email__" data-cfemail="7c3a3f3f3c3e3f2c352b393e521f1311">[email protected]</span></a>. 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.

[[Page 3623]]

Synopsis of the Report and Order Section of the Report and Order and 
Notice of Proposed Rulemaking

I. Introduction

    1. In this Report and Order and FNPRM, the Commission takes action 
to ensure that public safety and commercial licensees can operate in 
the 700 MHz Band without interference, while providing entities 
currently operating wireless microphones in the band with an 
opportunity to relocate to other bands. In particular, the Commission 
ensures that these devices are cleared from the 700 MHz Band no later 
than June 12, 2010, consistent with the Commission's long-standing goal 
of making this spectrum fully available for use by public safety and 
commercial licensees, and the customers that they serve in the band. 
The Commission also authorizes, for the first time, the use of wireless 
microphones, on an unlicensed basis, by entities not currently eligible 
to obtain licenses. The Commission does this by waiver based on its 
longstanding unlicensed device rules, which have proved highly 
successful in permitting the use of low-power wireless devices. In 
addition, the Commission adopts a number of safeguards designed to 
ensure both that consumers understand their rights and obligations in 
operating wireless microphones and that wireless microphones are 
operated in compliance with our rules and policies. Finally, in the 
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.
    2. More specifically, in this Report and Order, the Commission 
adopt the following requirements:
    <bullet> The Commission prohibits the manufacture, import, sale, 
lease, offer for sale or lease, or shipment of wireless microphones and 
other low power auxiliary stations intended for use in the 700 MHz Band 
in the United States, effective upon the publication of the rules in 
the Federal Register, and adopt related marketing and other 
requirements.
    <bullet> The Commission requires that all low power auxiliary 
stations, including wireless microphones, cease operations in the 700 
MHz Band no later than June 12, 2010, one year from the end of the DTV 
transition.
    <bullet> The Commission provides for an early clearing mechanism 
that, to the extent that a public safety or commercial licensee will be 
initiating operations in the 700 MHz Band on specified frequencies and 
particular markets before June 12, 2010, permits a licensee to require 
users of low power auxiliary stations, including wireless microphones 
to cease operations 60 days after notice.
    <bullet> The Commission stresses that the operations of low power 
auxiliary stations, including wireless microphones, in the 700 MHz Band 
must cease immediately if at any time users of these devices cause 
harmful interference to a 700 MHz public safety or commercial licensee.
    <bullet> With respect to unauthorized operations of wireless 
microphones and other low power auxiliary stations, the Commission 
waives its part 15 rules for a limited period to permit unauthorized 
users of wireless microphones and other low power auxiliary stations to 
operate on an unlicensed basis under part 15 pursuant to certain 
specified technical requirements--in the 700 MHz Band until June 12, 
2010, and in the core ``TV bands'' until the effective date of the 
Commission's actions in response to the FNPRM.
    3. In addition, in this Report and Order the Commission takes 
various actions to ensure that consumers are better informed about its 
rules and policies concerning wireless microphones, which should 
facilitate compliance with those rules:
    <bullet> The Commission establishes disclosure requirements to make 
certain that buyers of wireless microphone equipment understand the 
limitations on their use of such equipment. For instance, 
manufacturers, dealers, distributors, and other entities that sell or 
lease these devices will have to display a consumer disclosure at the 
point of sale or lease informing consumers of the conditions that apply 
to the operation of wireless microphones in the core TV bands.
    <bullet> As part of the Commissions consumer outreach plan, the 
Commission will release consumer publications, including a Consumer 
Fact Sheet, that inform the public of its decisions in this Report and 
Order and of the need to clear the 700 MHz Band so that the spectrum 
can be used for the provision of new public safety and commercial 
services.
    <bullet> The Commission will work with organizations whose 
memberships include wireless microphone users so that they help the 
Commission inform all affected users of its decisions in this Report 
and Order, particularly the need to clear the 700 MHz Band.
    <bullet> The Commission will assist consumers, including those who 
have previously purchased wireless microphones that operate in the 700 
MHz Band, by posting information on its Web site and by making 
information available from the Commission's consumer service 
representatives through a toll-free number at the Commission's call 
center.
    <bullet> The Commission will make available via its Web site and 
its call center information regarding which wireless microphones are 
700 MHz wireless microphones, what options may be available if 
consumers do have 700 MHz microphones, and how to contact wireless 
microphone manufacturers to obtain additional information. Information 
concerning the Commissions decision today will be posted on its Web 
site at www.fcc.gov/cgb/wirelessmicrophones.
    4. Finally, in the FNPRM, the Commission take the following 
actions:
    <bullet> The Commission proposes to revise its rules to provide 
that low power wireless audio devices, including wireless microphones, 
may be operated as unlicensed devices under part 15 of the rules in the 
core TV bands.
    <bullet> The Commission proposes technical rules to apply to low 
power wireless audio devices, including wireless microphones, operating 
in the core TV bands on an unlicensed basis under part 15 of the rules.
    <bullet> The Commission seeks comment on whether, and to what 
extent, eligibility for obtaining licenses to operate low power 
auxiliary stations, including wireless microphones, under part 74 
should be expanded, and on whether the Commission should revise part 90 
to facilitate wireless microphone use.

The Commission seeks comment on possible longer-term approaches for the 
operation of wireless microphones. Consistent with the Commissions 
broader efforts to manage this country's spectrum resources as 
effectively and efficiently as possible, the Commission here seek 
comment on possible long-term 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.

II. Report and Order

    5. In this Report and Order, the Commission establishes a firm 
deadline of June 12, 2010 (one year from the end of the DTV transition) 
for wireless microphones and other low power auxiliary stations to 
cease operation in the 700 MHz Band. The Commission also adopts an 
early clearing mechanism by which 700 MHz public safety and commercial 
licensees can provide notice that they are initiating operations in the

[[Page 3624]]

700 MHz Band. The operators of wireless microphones and other low power 
auxiliary stations must clear the band within 60 days after such 
notice. In addition, the Commission prohibits the manufacture, import, 
sale, lease, offer for sale or lease, or shipment of wireless 
microphones and other low power auxiliary stations intended for use in 
the 700 MHz Band.
    6. With regard to users who are not eligible for, or who do not 
hold part 74, Subpart H license authorizations, the Commission waive 
its part 15 rules for a limited period to permit all such users to 
operate on an unlicensed basis subject to a number of conditions in the 
700 MHz Band until June 12, 2010 and in the core TV bands while the 
Commission consider issues raised in the FNPRM. In addition, the 
Commission adopts certain disclosure requirements under which 
manufacturers, dealers, distributors, and other entities that sell or 
lease these devices must display a consumer disclosure at the point of 
sale or lease informing consumers of the conditions that apply to the 
operation of wireless microphones and other low power auxiliary 
stations.

A. Low Power Auxiliary Station Operations in the 700 MHz Band After the 
End of the DTV Transition

    7. In order to make the 700 MHz Band fully available to public 
safety and commercial licensees, the Commission is revising our rules 
to clarify that low power auxiliary stations, including wireless 
microphones, will no longer be allowed to operate in the 700 MHz Band 
except under the specified conditions, and for the limited time period, 
as adopted herein. Specifically, the Commission establishes a ``hard'' 
date of June 12, 2010--one year from the date of the DTV transition--by 
which all operations of such devices by all users (including 
unauthorized users) must have ceased in the band. In addition, the 
Commission will require that operations of these devices cease earlier 
than that date, pursuant to certain notification procedures, in those 
areas where 700 MHz public safety or commercial licensees are or will 
be entering and operating in the band prior to June 12, 2010. Finally, 
the Commission underscores that, if at any time users of low power 
auxiliary stations cause harmful interference to a 700 MHz public 
safety or commercial licensee, those users must cease operations in the 
band immediately. The Commission finds that this approach best balances 
the interests of public safety and commercial licensees to operate 
without interference while providing entities currently operating low 
power auxiliary stations in the 700 MHz Band with a reasonable amount 
of time to remove their operations from the band and relocate them to 
other bands. In addition, the Commission outlines below our consumer 
outreach plan to provide users with information concerning their use of 
low power auxiliary station devices as they transition from the 700 MHz 
Band.
    8. Need To Clear the Band. Based on the record, the Commission 
finds that the Commission needs to be expeditious in establishing time 
frames and procedures for clearing wireless microphones from the 700 
MHz band on our path to providing an interference-free environment for 
new services in the 700 MHz Band, especially public safety services 
that are used to protect safety of life, health, or property. The 
Commission finds that low power auxiliary stations could interfere with 
public safety and commercial base and mobile receivers. Such 
interference raises the potential for a disruption of vital public 
safety services and commercial services. As V-COMM comments, low power 
auxiliary stations can operate at similar power levels, and are 
authorized at even higher power levels (250 milliwatts), compared with 
the power levels at which public safety devices are expected to operate 
(200 milliwatts). These power levels employed by the respective devices 
pose a significant risk of co-channel interference and would be strong 
enough to disrupt the operations of both public safety and commercial 
mobiles and base station receivers in the 700 MHz Band. The risk of 
interference also is present to commercial and public safety systems 
when the wireless microphones and other low power auxiliary stations 
are operated at lower power levels, including as low as 10 milliwatts. 
This risk of interference supports the Commission's determination to 
prohibit operation of low power auxiliary stations in the 700 MHz Band. 
In addition, interference from low power auxiliary stations would lead 
to relatively large ``dead zones'' around such devices, resulting in 
effective loss of coverage to commercial and public safety mobiles and 
portable devices. The Commission finds the potential for such a result 
raises a significant threat of interference, which is particularly 
disturbing when considering that this could occur in public safety 
spectrum while being used to protect the safety of life, health, or 
property. In addition, the Commission notes the potential for 
interference to wireless microphone and other low power auxiliary 
station operations by commercial and public safety operations.
    9. In addition to co-channel interference, the record indicates 
that low power auxiliary stations have the potential to cause 
additional interference, such as adjacent band interference, due to 
out-of-band emissions (OOBE) and intermodulation interference caused by 
emissions from multiple devices. These emissions and intermodulation 
products may potentially be strong enough to cause interference to 
commercial and public safety base stations and mobile devices. 
Intermodulation interference can occur when multiple low power 
auxiliary station transmitters are combined or used in close proximity 
with each other. Thus, commercial or public safety operations can 
receive interference at venues where multiple low power auxiliary 
station transmitters are used, such as at concerts or sporting events. 
V-COMM, for example, indicates that interference can occur in a wide 
variety of settings, and also discusses its own experience with co-
channel interference in the 700 MHz Band caused by low power auxiliary 
stations. This potential for interference further supports prohibiting 
the operation of such devices, including wireless microphones, in the 
700 MHz Band.
    10. Clearing the 700 MHz Band is consistent with the Commission's 
previous findings relating to use of the 700 MHz Band in connection 
with the DTV transition. When the Commission in 2001 adopted rules for 
commercial services in a portion of the 700 MHz Band, it declined to 
grant a request filed by SBE that the Commission ``afford continued 
secondary status to part 74 low power broadcast auxiliary devices (such 
as wireless microphones) operating in the Lower 700 MHz Band, and to 
establish a new service in part 95 of our Rules to accommodate their 
use.'' The Commission observed that insofar that the ``Lower 700 MHz 
Band will host extensive broadcast use throughout the DTV transition, 
it is unlikely that new licensees will rapidly occupy the band to the 
extent that users of the low power broadcast auxiliary devices of the 
type SBE discusses will have to immediately cease all operation.'' 
Thus, it contemplated that low power broadcast auxiliary devices would 
be losing their secondary status and would have to vacate the band upon 
completion of the DTV transition in a particular local market.
    11. In addition, the Commission in 2002 expressly excluded from the 
700 MHz Band wireless video assist devices, which are another type of 
part 74,

[[Page 3625]]

Subpart H low power auxiliary station device, because of the 
reallocation of TV Channels 52-69 to wireless services, including 
public safety services. The Commission stated that ``[wireless video 
assist devices] will not be allowed to use * * * [Channels 52-69] in 
the UHF-TV band due to a recent spectrum reallocation of those channels 
to uses other than broadcasting.'' Also, in 2006 the Commission 
determined in the TV White Spaces proceeding that the new low power, 
unlicensed devices under consideration there will not be permitted to 
operate on TV Channels 52-69. The Commission stated that the spectrum 
``ha[s] been reallocated for services other than broadcast television 
and will no longer be part of the TV bands after the transition.''
    12. The Commission concludes that parties have had time to know, 
and reason to believe, that authorized low power auxiliary stations 
would not be allowed to operate in the 700 MHz Band at the end of the 
DTV transition. The DTV Act was enacted over three years ago, and the 
Commission, as noted above, has on various occasions indicated that the 
700 MHz Band would not be a permanent home for low power auxiliary 
stations, including wireless microphones. Further, a number of 
manufacturers warned their customers on their Web sites that, after the 
end of the DTV transition, frequencies in the 700 MHz Band will no 
longer be available for wireless microphone use under the Commission's 
rules. There has been adequate lead time for low power auxiliary 
station users, including wireless microphone users, and equipment 
manufacturers to anticipate and take measures to prepare for the 
reasonably anticipated consequences resulting from the end of the DTV 
transition, including the availability of the spectrum for public 
safety and other uses and the need for entities operating low power 
auxiliary stations to vacate the 700 MHz Band. Moreover, the need to 
ensure interference-free operations in the 700 MHz Band as soon as is 
practicable, particularly for public safety operations, compels the 
Commission to act to prohibit further use of the band for these 
wireless microphone and other low power auxiliary station users. 
Nevertheless, as the Commission discuss below, a short transition 
period may prevent unnecessary disruption of wireless microphone 
operations and allow an orderly transition to other spectrum. The 
Commission's determination in this Report and Order balances the 
requirements of those using low power auxiliary stations in the 700 MHz 
Band with the needs of new 700 MHz licensees to access the spectrum in 
a timely fashion.
    13. Transition Date. In order to provide current low power 
auxiliary station users a reasonable opportunity to remove their 
systems from the 700 MHz band, the Commission find that allowing them 
to continue to operate in the 700 MHz Band for a limited period of time 
under certain conditions serves the public interest. The Commission 
finds that all entities currently operating low power auxiliary 
stations in the 700 MHz Band must vacate the band by June 12, 2010. 
This deadline of June 12, 2010, coupled with the obligation to cease 
operations earlier pursuant to notice, as described below, strikes the 
best balance between the needs of public safety and commercial 
licensees to operate without interference in the 700 MHz Band with the 
concern that entities currently operating low power auxiliary station 
devices in the 700 MHz Band have sufficient time to remove their 
operations from the band and relocate them to other bands.
    14. With respect to the timing for requiring that users of low 
power auxiliary stations cease operating in the 700 MHz Band, the 
revised rules provide that entities operating low power auxiliary 
stations may continue those operations in the 700 MHz Band as late as 
June 12, 2010, subject to the conditions set forth in this Report and 
Order. In setting June 12, 2010, as the latest possible date for these 
entities to transition from the 700 MHz Band under the conditions 
adopted in this Report and Order, the Commission recognizes that low 
power auxiliary station users should have a short period to transition 
their operations not already transitioned out of the 700 MHz Band, 
which should prevent unnecessary disruption of wireless microphone 
operations. The record supports a transition period for users of low 
power auxiliary stations to remove their operations out of the 700 MHz 
Band, but commenters differ on the length of this period.
    15. The Commission finds that the transition period and process 
that the Commission adopts, which terminates on June 12, 2010, is a 
reasonable period for those parties that may need to continue to 
operate in the band and will ensure that this spectrum is cleared on a 
timely and orderly basis for use by public safety and commercial 
wireless services. The Commission also finds that these requirements, 
coupled with the notice procedures described herein, will adequately 
address any concerns that the operation of low power auxiliary stations 
in the 700 MHz Band will cause interference to public safety and 
commercial 700 MHz Band licensees with the end of the DTV transition. 
Although entities operating low power auxiliary stations will have 
until June 12, 2010 to complete their exit from the band and their 
migration to other bands where they would be authorized to operate, 
subject to the conditions the Commission adopts herein, the Commission 
nevertheless encourage such users to cease operations in the 700 MHz 
Band as soon as possible. In addition, the Commission finds that the 
public interest is served by applying the transition procedures that 
the Commission adopts in this Report and Order to users of low power 
auxiliary stations that do not hold a license. This finding is based 
upon the Commission's determination that the public interest will be 
served by allowing this use in this limited context for the limited 
duration discussed herein.
    16. While the Commission agrees with MSTV/NAB that low power 
auxiliary station licensees authorized to operate in the 700 MHz should 
be afforded some opportunity to migrate out of the band, the Commission 
cannot agree with the time frame they suggest, given the potential for 
interference with public safety and commercial broadband licensees and 
the clear determination in Congress's enactment of the DTV Act of 2005 
that the 700 MHz band would no longer be a broadcast band in the near 
term. In addition, the Commission is not persuaded that low power 
auxiliary station licensees, many of which are associated with high-
power broadcast stations that have had significant notice of the need 
to vacate the 700 MHz band on a timely basis, should have a different 
and longer timeframe to vacate the 700 MHz Band than other users in the 
band, as proposed by MSTV. In addition to the need to clear the band 
because of the potential for interference, the Commission is concerned 
that adding another layer of complexity--establishing a different set 
of band clearing rules for a particular subset of users--is likely to 
add significantly to consumer confusion as well as to undermine the 
Commissions efforts to clear the 700 MHz Band. On this issue, the 
Commission's judgment is that keeping a single, uniform nationwide 
date, rather than adopting two separate transition dates, is essential 
to clearing the 700 MHz Band in a timely, orderly, and effective 
fashion in a manner that is equitable to all the affected parties. The 
Commission also is not persuaded of the need for a shorter timeframe, 
such as a February 18, 2010, hard date as

[[Page 3626]]

suggested by CTIA, Verizon Wireless, and several public safety groups. 
As discussed above, the Commission is placing operating limitations on 
low power auxiliary station users and adopting notification procedures 
that enable new 700 MHz licensees to clear the band of low power 
auxiliary station users in markets in which they will be operating. 
Further, the Commission notes that, based on the record and publicly 
available information, it is anticipated that there will be only 
limited rollout of new commercial services in the 700 MHz Band prior to 
mid-year 2010. To the extent that spectrum in the 700 MHz Band needs to 
be clear of low power auxiliary station use for the initiation of new 
operations, which includes system testing or trials, the Commission is 
adopting a clearing mechanism that provides for a 60-day notification 
process. Accordingly, the Commission finds the additional one-year 
period after the end of the DTV transition during which these low power 
auxiliary station users may continue to operate in the 700 MHz Band 
provides a reasonable amount of time for those entities to migrate from 
the band, yet also allows for the new 700 MHz licensees to access the 
spectrum in order to provide new services to the public.
    17. Early Clearing. In addition to setting June 12, 2010, for the 
clearing of the 700 MHz Band by wireless microphones, the Commission 
also provides procedures for clearing low power auxiliary station 
operations in the 700 MHz Band prior to that time to the extent that a 
public safety or commercial licensee has initiated, or will be 
initiating, operations in the 700 MHz Band in particular market(s) 
before that date. Wireless microphones will be required to cease 
operations before June 12, 2010, only after they have been provided 60 
days' advance notification, as set forth below.
    18. The notification process will work as follows. During the 
transition period, which will end on June 12, 2010, a 700 MHz 
commercial or public safety licensee may notify the Commission that it 
will be initiating operations on specified frequencies in particular 
market(s). The wireless operations initiated by the public safety or 
700 MHz commercial licensees can include system testing or trials. Upon 
such notification, the Wireless Telecommunications Bureau or the Public 
Safety and Homeland Security Bureau will issue a public notice that 
will be available on the Commission's Web site and that identifies the 
affected market area(s). Users of low power auxiliary stations, 
including wireless microphone users, in those areas must cease 
operation within 60 days of the release of the notice. The Commission's 
Web site will provide a central location for the low power auxiliary 
station users to find information on markets in which 700 MHz licensees 
are beginning operations prior to June 12, 2010. In addition, any 700 
MHz commercial or public safety licensee may, at its option, notify any 
entity operating low power auxiliary stations of its intention to 
initiate operations on specified frequencies in the market in which the 
low power auxiliary station user is operating. Upon receipt of such 
notice, the low power auxiliary station user in the affected market 
area must cease operation within 60 days. For entities that have 
already initiated such operations, these entities may, upon the 
effective date of this order, follow the same notifications procedures, 
triggering the same 60-day cessation obligation for users of low power 
auxiliary stations.
    19. In the event that both of these notice provisions are used to 
provide notice to a particular user of a low power auxiliary 
station(s), the user will be required to cease operations in the 
market(s) in accordance with whichever notice provides for earlier 
termination of such operations. This process should place only a 
limited burden on public safety and commercial licensees, which have 
the primary rights to use 700 MHz Band spectrum. Further, as noted 
above, notwithstanding any early clearing mechanisms adopted herein, 
low power auxiliary station users that cause harmful interference to a 
700 MHz commercial or public safety licensee must cease operations 
immediately consistent with the Commission's rules for secondary use. 
The Commission also intends to be in continuous communication with the 
public safety community to ascertain the extent of public safety use of 
the 700 MHz Band to help ensure that public safety agencies are able to 
operate free from harmful interference.
    20. Other Arguments. The Commission is not persuaded by certain 
commenters that the Commission should delay the transitioning of low 
power auxiliary stations and discontinue our efforts to clear the 700 
MHz Band of wireless microphones for public safety and commercial use 
because some LPTV stations, TV translators, and Class A stations are 
continuing to operate in the 700 MHz Band after the transition. The 
Commission need to establish expeditious time frames and procedures for 
clearing wireless microphones from the 700 MHz band on the Commission's 
path to providing an interference-free environment for new services in 
the 700 MHz Band, especially public safety services that are used to 
protect safety of life, health, or property. Considerations affecting 
broadcast services other than full-power television broadcast 
operations should not delay the clearing of wireless microphones.
    21. The Commission also declines to adopt Nady's proposal that our 
transition plan should provide for the negotiation of relocation. As 
stated above, entities currently operating low power auxiliary 
stations, including wireless microphones, may continue to operate in 
the 700 MHz Band until June 12, 2010, subject to the conditions set 
forth in this Report and Order. Accordingly, the Commission is allowing 
them to operate in the 700 MHz Band for some time during the transition 
period. These operators, however, must accept interference from other 
licensees in the band and must not cause interference to 700 MHz 
licensees during this transition period, and also are subject to the 
other conditions the Commission adopt herein, including the requirement 
to cease operations under the early clearing notification procedures.
    22. The Commission denies as well the requests by WCA and PISC that 
the Commission not provide a transition but adopt a waiver procedure 
for licensed wireless microphone operations in the 700 MHz Band after 
the end of the DTV transition. The Commission finds that the waiver 
procedures requested by these parties are not necessary. First, parties 
may always request a waiver under the general waiver provisions in our 
rules. Second, the Commission does not find that a separate waiver 
provision is warranted because of our determination to allow a limited 
transition period during which users may operate low power auxiliary 
stations. The Commission is making clear in its rules that entities 
operating low power auxiliary stations, including wireless microphones, 
in the 700 MHz Band may continue to operate on those frequencies until 
June 12, 2010, subject to the conditions adopted herein. Some 
operations by low power auxiliary station users in the band may be 
required to end prior to that time under the 60-day notice procedure 
that the Commission is adopting. The Commission therefore denies their 
requests that the Commission adopt a waiver procedure for authorized 
wireless microphones and other low power auxiliary stations operating 
in the 700 MHz Band.
    23. Furthermore, the Commission finds that the steps the Commission 
is

[[Page 3627]]

taking in this order sufficiently address arguments raised by some 
parties that there is insufficient spectrum for wireless microphone 
users outside of the 700 MHz Band, or that replacement spectrum should 
be made available for wireless microphone operations. As explained 
elsewhere in this Report and Order, the Commission is adopting an 
approach that will permit wireless microphone operations to continue on 
a temporary basis in the 700 MHz Band and in the core TV bands while 
the Commission considers final rules on the issues addressed in the 
FNPRM. Under the first step for moving ahead under this approach, the 
Commission is waiving its part 15 rules to permit unauthorized wireless 
microphone users to operate in the 700 MHz Band on an unlicensed basis 
until June 12, 2010, and to permit operation of wireless microphones in 
the core TV bands on the same unlicensed basis until the effective date 
of the rules that will be adopted in response to the FNPRM. Under the 
next step, the Commission proposes and seeks comment in the FNPRM on 
specific rules for operation of wireless microphones under part 15 of 
the rules in the TV bands, and the Commission seeks comment on some 
expansion of the licensee eligibility for part 74 low power auxiliary 
stations. The Commission also seeks comment on possible revisions to 
its part 90 rules for licensed operation of wireless microphones. The 
FNPRM will allow the Commission to consider the use of certain spectrum 
outside of the 700 MHz Band by wireless microphones, and provides a 
reasonable and efficient path forward to examine the future of wireless 
microphone operations.
    24. Finally, the Commission concludes that the steps the Commission 
has taken in this Report and Order are sufficient to address concerns 
that the presence of low power auxiliary station users operating in the 
700 MHz Band would impede the ability of 700 MHz commercial licensees 
to comply with their build-out requirements such that they should be 
granted additional time to meet these requirements. Given that the 
steps the Commission take enable these 700 MHz licensees to begin 
operating in areas in the band based on the licensees' own timetables, 
the Commission finds that these licensees' ability to meet their build-
out obligations will not be hampered by interference from low power 
auxiliary stations, and the Commission reject proposals to delay 
implementation of 700 MHz construction requirements. For these same 
reasons, the Commission also rejects MetroPCS's argument that a delay 
in clearing the band could constitute a de facto modification of its 
licenses.
    25. The rules adopted in this Report and Order with respect to the 
clearing of the 700 MHz Band by June 12, 2010 and the early clearing 
procedures will take effect upon the publication of a summary of this 
Report and Order in the Federal Register. The Commission finds that 
there is good cause for departure from the 30-day delay in the 
effective date under the Administrative Procedure Act. In this Report 
and Order, the Commission is taking steps to expedite the availability 
of unencumbered spectrum for public safety and new commercial 
licensees, in order that such licensees will be able to operate without 
interference in the 700 MHz Band. The Commission finds that under these 
circumstances, a further delay in the effective date of the clearing 
procedure rules would be contrary to the public interest.

B. Prohibition of the Manufacture, Import, Sale, Lease, Offer for Sale 
or Lease, or Shipment of 700 MHz Band Low Power Auxiliary Stations

    26. The Commission revises its rules to prohibit the manufacture, 
import, sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations for operation in the 700 MHz Band in the United 
States, effective upon the publication of a summary of this Report and 
Order in the Federal Register. The Commission finds that this 
prohibition serves the public interest because it will provide greater 
assurance that the 700 MHz Band will be made available to public safety 
and new commercial licensees.
    27. The Communications Act of 1934, as amended, authorizes the 
Commission ``consistent with the public interest, convenience, and 
necessity, [to] make reasonable regulations * * * governing the 
interference potential of devices which in their operation are capable 
of emitting radio frequency energy by radiation, conduction, or other 
means in sufficient degree to cause harmful interference to radio 
communications'' and these regulations ``shall be applicable to the 
manufacture, import, sale, offer for sale, or shipment of such devices 
* * *, and to the use of such devices.'' The Act further provides that 
``[n]o person shall manufacture, import, sell, offer for sale, or ship 
devices * * *, or use devices, which fail to comply with regulations 
promulgated pursuant to this section.''
    28. The Commissions decision to prohibit the manufacture, import, 
sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations that operate in the 700 MHz Band is necessary to 
ensure that new services in this valuable spectrum will be provided 
without interruption to benefit all Americans. Public safety agencies 
are already making use of the 700 MHz Band, and deployment of 
additional public safety systems is expected to proceed at a rapid 
pace. Commercial wireless providers are currently preparing to deploy 
advanced systems that will support new and faster wireless broadband 
services, once the spectrum is available at the conclusion of the DTV 
transition.
    29. This prohibition is a reasonable corollary to the Commission's 
decision in this Report and Order to prohibit the operation of low 
power auxiliary stations in the 700 MHz Band permanently after June 12, 
2010, subject to conditions that would require their operation to cease 
at an earlier date. Since low power auxiliary station equipment will no 
longer be allowed to operate in the 700 MHz Band after June 12, 2010, 
the Commission must also prohibit the manufacture, sale, and all other 
steps that would make wireless microphones available for use in the 700 
MHz Band. The prohibition on manufacture, sale, and lease of devices 
addresses concerns about the potential for increased interference to 
700 MHz licensees, including public safety users, by decreasing the 
number of devices available for use in the band. For the same reason, 
it also addresses concerns about the proliferation of unauthorized uses 
in the band. The Commission notes that Shure, one of the largest 
manufacturers of wireless microphone equipment, states that it no 
longer manufactures 700 MHz equipment for use in the U.S., and that 
Audio-Technica, another large manufacturer of wireless microphones, 
ceased development of new 700 MHz equipment approximately eight years 
ago. In addition, allowing the sale or lease of devices that can 
operate in the 700 MHz Band is inconsistent with our goal of taking all 
steps necessary to make this spectrum available both to public safety 
and commercial licensees.
    30. The Commission rejects Sennheiser's argument that the 
Commission delays the implementation of the ban on the marketing of 
devices. The Commission neither agrees that the lead time for 
implementation of the ban is unreasonable, nor that the Commission must 
wait for actual interference to occur. As the Commission discusses in 
this section, in adopting the ban the Commission is particularly 
concerned with the use of

[[Page 3628]]

the spectrum at a time when the spectrum is to be available for new 
licensees and new services. Moreover, contrary to Sennheiser's 
assertions, and as the Commission discusses elsewhere in this Report 
and Order, the Commission finds that sufficient notice was provided 
indicating that the use of the 700 MHz Band by wireless microphones and 
other low power auxiliary stations would no longer be authorized. 
Elsewhere in this Report and Order, the Commission finds that entities 
operating low power auxiliary stations in the 700 MHz Band must cease 
operations of those devices in the band after June 12, 2010, subject to 
the early clearing conditions set forth in this Report and Order. 
Therefore, it would not serve the public interest to permit the 
manufacturing and marketing of equipment that can be used in the 700 
MHz Band beyond June 12, 2010, and earlier where the clearing 
mechanisms the Commission are adopting are utilized.
    31. Consistent with the arguments of Shure and Sennheiser, the 
Commission does not prohibit manufacturers from manufacturing low power 
auxiliary stations, including wireless microphones, for export. The 
provisions of Section 302 of the Act, as amended, which addresses, 
among other matters, the prohibition of the manufacture, import, sale, 
offer for sale, or shipment of devices, are not applicable to ``devices 
or home electronic equipment and systems manufactured solely for 
export. * * *'' Accordingly, the Commission clarifies that its decision 
today to prohibit the manufacture, import, sale, lease, offer for sale 
or lease, or shipment of low power auxiliary stations that operate in 
the 700 MHz Band is not applicable to devices manufactured solely for 
export. Finally, the Commission revises its rules to require that any 
person who manufactures, sells, leases, or offers for sale or lease low 
power auxiliary stations, including wireless microphones, that are 
destined for non-U.S. markets and that are capable of operating in the 
700 MHz Band shall include labeling in all sales, marketing, and 
packaging materials, including online materials, related to such 
devices. The labeling must make clear that the devices cannot be used 
in the United States. The Commission finds that this rule is consistent 
with the public interest, convenience, and necessity.
    32. To protect consumers in the United States, and to help ensure 
that no wireless microphones and other low power auxiliary stations 
that operate in the 700 MHz Band continue to be made available for use 
in contravention of our efforts to remove those devices from the band 
in the United States, the Commission require retailers to remove from 
display (including online display) any low power auxiliary stations, 
including wireless microphones, that can operate in the 700 MHz Band, 
as well as any marketing material that does not comply with the 
requirements adopted herein.
    33. The rules relating to the prohibition on the manufacture, 
import, sale, lease, offer for sale or lease, or shipment of low power 
auxiliary stations that operate in the 700 MHz Band will take effect 
upon the publication of a summary of this Report and Order in the 
Federal Register, except the labeling requirement for devices 
manufactured solely for export. The Commission finds that there is good 
cause for departure from the 30-day delay in the effective date under 
the Administrative Procedure Act. In this Report and Order, the 
Commission is taking steps to expedite the availability of unencumbered 
spectrum for public safety and new commercial licensees consistent with 
the Commission's long-standing goal of making the spectrum fully 
available for those licensees. Under these circumstances, the 
Commission finds that a delay in the effective date of the prohibition 
would be contrary to the public interest. With respect to the labeling 
requirement for devices manufactured solely for export, the Commission 
find that this requirement should take effect 90 days after release of 
this Report and Order (i.e., April 15, 2010). This period provides 
sufficient time for entities that manufacture, sell, lease, or offer 
for sale or lease low power auxiliary stations that are destined for 
non-U.S. markets and that are capable of operating in the 700 MHz Band 
to comply with this labeling requirement.

C. Procedures To Modify Licenses

    34. For the reasons set forth above, the Commission concludes that 
the public interest would be best served by clarifying that entities 
operating low power auxiliary stations, including wireless microphones, 
in the 700 MHz Band may continue to operate in that band until June 12, 
2010, but only under the conditions adopted in this Report and Order. 
Accordingly, through this rulemaking proceeding, the Commission hereby 
modifies the licenses of all low power auxiliary stations that 
authorize operation in the 700 MHz Band (i.e., 698-806 MHz) to delete 
the authorization to operate on this particular spectrum, effective 
June 12, 2010. In the event that any low power auxiliary station must 
cease operations prior to June 12, 2010 under the clearing mechanisms 
the Commission adopts in the Report and Order, then the license 
relating to that low power auxiliary station will be modified 
automatically without Commission action to delete the authorization to 
operate on the 700 MHz Band effective on the date that operations are 
required to cease in the band. In taking this action, the Commission 
implements its decisions to ensure that the effective use of the 700 
MHz Band by public safety and commercial licensees at the end of the 
DTV transition is not compromised, and that these new licensees will be 
able to operate free from interference by low power auxiliary stations 
operating in the 700 MHz Band.
    35. Most low power auxiliary station licensees that are authorized 
to operate in the 700 MHz Band are also authorized to operate in a 
number of other bands that are specified in Section 74.802 of the 
Commission rules. These multiple band licensees may continue to operate 
in other bands identified in their licenses without further Commission 
action. Those licensees, however, whose current authorization limits 
them in whole or in significant part to operations in the 700 MHz Band 
can be accommodated with the use of spectrum from other spectrum bands 
that are available for low power auxiliary station operations under 
Section 74.802 of the rules. Such licensees may wish to consult with a 
local Society of Broadcast Engineers (SBE) coordinator to identify 
suitable spectrum from the core TV bands that are available for low 
power auxiliary station operations under Section 74.802 of the rules. 
Once replacement spectrum has been identified, as a matter of 
administrative convenience, the licensee should file an application to 
modify its authorization to include the identified frequencies. This 
will enable the Wireless Telecommunications Bureau (Bureau) to modify 
the affected license in conformance with the revised rules adopted in 
this order.

D. Unlicensed Operation of Wireless Microphones Under Part 15; Waivers

    36. The Commission concludes that it serves the public interest to 
waive two of its part 15 rules, to permit unauthorized users of low 
power auxiliary stations, including wireless microphones, to operate on 
an unlicensed basis under part 15 pursuant to certain specified 
technical requirements, in the 700 MHz Band until June 12, 2010 and in 
the core TV bands until the effective date of Commission action taken 
in response to the FNPRM. The Commission

[[Page 3629]]

anticipates that such unlicensed operations in the core TV bands 
pursuant to waiver will remain in place only for a short period of 
time, as the Commission intends to act expeditiously on its proposal to 
promulgate final rules that would authorize these operations on a 
permanent basis. Accordingly, the Commission waives Sections 15.201(b) 
and 15.209(a) of our part 15 technical rules. These waivers will permit 
entities that operate wireless microphones in the 700 MHz Band without 
the required license to continue those operations subject to the band 
clearing mechanisms that the Commission adopts in this Report and 
Order, and permit them to relocate their operations to the core TV 
bands on the same part 15 unlicensed basis. The waivers also will 
permit operation of wireless microphones outside of the 700 MHz Band 
without the required authorization. The operation of wireless 
microphones in the 700 MHz Band under these limited term waivers will 
be subject to the band clearing mechanisms the Commission adopts in 
this Report and Order. Thus, all entities may continue operating 
wireless microphones in the 700 MHz Band until June 12, 2010, unless 
they must cease operations sooner under the early band clearing 
mechanisms discussed above. During the temporary waiver period, any 
entity that chooses to operate a wireless microphone under these 
waivers must comply with the waiver conditions, including compliance 
with specified technical requirements that are identical to those the 
Commission is proposing in the FNPRM for the operation of wireless 
microphones under part 15. See Amendment of Part 101 of the 
Commission's Rules to Accommodate 39 Megahertz Channels in the 6525-
6875 MHz Band; Amendment of Part 101 of the Commission's Rules to 
Provide for Conditional Authorization on Additional Channels in the 
21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed Wireless Communications 
Coalition Request for Waiver, Notice of Proposed Rulemaking and Order 
in WTB Docket No. 09-114 and RM-11417, at paras. 23-24 (released Jun. 
29, 2009) (granting request for waiver of Section 101.31(b)(vii) to 
allow for conditional authority under conditions that were proposed as 
rule changes in the NPRM portion of the decision).
    37. Under these waivers, wireless microphones may be operated as 
part 15 devices without a license in the 700 MHz Band under the 
conditions adopted in this Report and Order, and they can also operate 
in the core TV bands. Operation under these waivers is subject to the 
following conditions. First, the wireless microphones must comply with 
specified technical requirements under part 15, which are the same 
technical rules that the Commission is proposing in the FNPRM for 
wireless microphone operations under part 15 (as set forth in Appendix 
E, below). Second, the devices must be certificated under the rules 
applicable to certification under our part 74, Subpart H rules. Third, 
the devices shall not cause harmful interference and must accept any 
interference received pursuant to Section 15.5 of our Rules. Finally, 
users operating in the 700 MHz Band must comply with the conditions for 
continued operation in that band during the transition period, 
including the early clearing procedures discussed above. The waivers 
will be effective upon the release of the Report and Order.
    38. Section 1.3 of the Commission's rules provides that ``[a]ny 
provision of the rules may be waived by the Commission on its own 
motion or on petition if good cause therefore is shown'' subject to the 
provisions of the APA and its own rules. A waiver is appropriate when 
``particular facts would make strict compliance inconsistent with the 
public interest.'' A waiver cannot undermine the purposes of the rule, 
and there must be a stronger public interest benefit in granting the 
waiver than in applying the rule. As discussed below, the Commission 
finds that good cause exists to waive Sections 15.201(b) and 15.209(a) 
of our part 15 technical rules in order to allow operation of wireless 
microphones in the 700 MHz Band and the core TV bands for a limited 
period.
    39. The Commission is allowing operation of wireless microphones 
under these waivers to use a power of up to 50 milliwatts. The waivers 
should allow wireless microphones to operate outside of the 700 MHz 
Band in a manner that is largely consistent with their current 
operations. While 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, two equipment 
manufacturers indicate that the actual power levels for most wireless 
microphones operating in the 700 MHz Band are in the 10-50 milliwatts 
range. We also note that a large majority of wireless microphones are 
certificated to operate with a power level of 50 milliwatts or less. 
These appear to be the most popular devices because the 50 milliwatts 
or less is sufficient for most uses and extends battery life. While 
some wireless microphones operate at power levels of 250 milliwatts, it 
appears most of these devices are used for professional applications 
requiring a longer operating range with a short duration of operation, 
such as electronic news gathering or movie production users that hold 
part 74 authorizations. In this regard, the Commission notes 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 
under the terms of this waiver would transmit over a shorter distance. 
Therefore, the Commission believes that the operations that the 
Commission is allowing under the waivers will effectively accommodate 
users that are currently unauthorized. The Commission is not extending 
the waiver to permit these wireless microphone users to operate at 
power levels higher than 50 milliwatts because, unless operated on a 
licensed basis pursuant to part 74 requirements, use of these devices 
generally poses a greater interference risk to TV band licensees. Only 
Part 74 licensees are permitted to operate their devices at power 
levels higher than 50 milliwatts.
    40. The Commission recognizes, however, that there may be instances 
where operation at a power level higher than 50 milliwatts may be 
needed and can be allowed without causing interference. The Commission 
finds that such instances should be evaluated based on their individual 
facts and circumstances to ensure that interference will not occur. The 
Commission therefore grants delegated authority to the Office of 
Engineering and Technology and Wireless Telecommunications Bureau to 
modify the limited waiver of the part 15 rules on a case-by-case basis 
to permit entities to operate wireless microphones at power levels 
higher than 50 mW where it can be shown there is no significant risk of 
harmful interference to other users of the spectrum, particularly to TV 
broadcast service.
    41. The Commission finds that good cause for a limited waiver 
exists in this particular case, given the totality of the circumstances 
including the short-term nature of these waivers and the need to 
facilitate clearing of the 700 MHz band for use by the public safety 
and commercial licensees. For the same reasons that the Commission 
finds good cause exists for granting this waiver, as discussed in this 
Report and Order, the Commission has determined that there

[[Page 3630]]

would be good cause under Section 553(b)(3)(B) of the APA, 5 U.S.C. 
553(b)(3)(B), for establishing interim rules that permit the same range 
of operations as the waiver. The Commission also finds that it serves 
the public interest to provide access to other spectrum for entities 
that are operating wireless microphones in the 700 MHz Band while this 
rulemaking is pending. Our primary goal in this proceeding is to clear 
all wireless microphones from the 700 MHz Band, thereby simplifying the 
process of making this spectrum fully available for public safety and 
commercial broadband licensees. In order to attain this goal, the 
Commission intends to have any wireless microphone user, authorized or 
not, transition out of the 700 MHz band and onto other available 
frequencies no later than June 12, 2010. Granting these waivers will 
allow currently unauthorized users that vacate the 700 MHz Band to 
operate in the 700 MHz Band temporarily under the umbrella of 
unlicensed part 15 operation. At the same time, the conditions the 
Commission imposes serve the public interest intent behind each of the 
two specific part 15 rules being waived, which is to prevent 
interference to authorized radio services. The power limits, minimum 
co-channel TV broadcast station distance provisions, specific frequency 
operation, and out-of-band emissions limits established herein provide 
safeguards to ensure that the policy objectives served by Sections 
15.201(b) and 15.209(a) are met. Finally, the Commission notes that any 
operation of wireless microphones pursuant to the waivers is subject to 
the Section 15.5 interference restrictions. Taken together, these 
safeguards ensure that any operation done pursuant to the waivers will 
not undermine the purposes of, and public interest protected by, 
Sections 15.201(b) and 15.209(a).
    42. The record in this proceeding includes a number of comments 
that describe the need for and the significance of wireless microphones 
in providing quality audio technology for performances and programs in 
theaters, classrooms, lecture halls, houses of worship, stadiums, and 
other venues. The Commission finds that temporarily waiving these two 
rules in order to permit the continued operation of wireless 
microphones, including wireless microphones that are used for these 
purposes, pending our final decisions of the issues raised in the FNPRM 
will provide this Commission with the opportunity to develop a full and 
balanced record before it adopts final, comprehensive rules that 
address the operation of wireless microphones by those entities that 
lack the required license. In addition, the Commission notes that some 
entities will be acquiring new wireless microphone equipment to operate 
in bands outside of the 700 MHz Band to replace their existing 
equipment, while some equipment that operates in the 700 MHz Band may 
be capable of being modified to operate in the core TV band spectrum. 
The waivers permitting operations will allow at least some of these 
users to make informed decisions with respect to new equipment 
purchases, or where applicable the modification of existing equipment, 
until the issues raised in the FNPRM are resolved. The Commission 
emphasizes that there are a variety of unique facts surrounding grant 
of this waiver, and the Commission does not anticipate that the 
Commission will soon encounter such a convergence of factors as these 
to warrant the type of accommodation afforded here.
    43. While the Commission finds good cause for granting the limited 
term waivers, as discussed above, we stress that these waivers are 
temporary and that the granting of these waivers will not prejudice the 
outcome of this proceeding or otherwise limit the Commission's choices 
therein. Under this approach, the Commission will be able to compile a 
record and consider more fully the issues and proposals in response to 
the FNPRM concerning currently unauthorized users of wireless 
microphones, including whether to expand eligibility for licenses under 
part 74.
    44. In order to address the potential for interference from the 
operation of wireless microphones in the core TV Bands, the Commission 
requires that all wireless microphones operating under the waivers are 
subject to the same technical limitations that the Commission is 
proposing in the FNPRM for the operation of ``Wireless Audio Devices'' 
under part 15. These technical rules provide for distances from 
existing co-channel TV broadcast stations, specific frequency 
operation, power limits, and out-of-band emissions. In addition, the 
unlicensed operators of wireless microphones that operate under the 
waivers will be subject to the restrictions in part 15 of the rules. 
The immediate and potential future harm to current TV band licensees of 
continued widespread use of previously unauthorized wireless 
microphones appears to be negligible, in light of the conditions the 
Commission is imposing on the waivers, including that the wireless 
microphones must comply with the specified technical requirements 
(consistent with those proposed for part 15 wireless microphone 
operations in the core TV bands, as set forth in the proposed rules) 
and that they must not cause harmful interference to licensed TV band 
users. The Commission notes that licensees that operate low power 
auxiliary devices under part 74 authorization will still receive 
interference protection with respect to wireless microphones that will 
be operating through these temporary waivers as unlicensed devices.
    45. Given the actions the Commission is taking today, the 
Commission does not adopt PISC's remaining proposals, including that 
the Commission provide a ``general amnesty'' to certain unauthorized 
wireless microphone users. The Commission finds that various steps that 
the Commission is taking today appropriately address, on a going 
forward basis, the issues relating to the proliferation and use of 
wireless microphones that have not heretofore been authorized. Finally, 
the Commission does not rule at this time on PISC's proposal to create 
a General Wireless Microphone Service that would be licensed by rule 
pursuant to Section 307(e) of the Act. The Commission does not address 
at this time questions relating to the unauthorized use of wireless 
microphones prior to our actions today. The Commission instead seeks to 
address its concerns in the order that considers the issues set forth 
in the FNPRM.

E. Disclosure Requirements and Consumer Outreach

    46. Based on this record, the Commission adopts certain measures, 
including point-of-sale disclosure requirements, to address concerns 
regarding a lack of consumer awareness of our rules, so that the 
Commission can best ensure the operation of wireless microphones and 
other low power auxiliary stations in conformance with the relevant 
policies and rules. Specifically, the Commission adopts a disclosure 
requirement for anyone selling, leasing, or offering for sale or lease 
wireless microphones or other low power auxiliary stations that operate 
in the core TV spectrum. Under this requirement, manufacturers, 
dealers, distributors, and other entities that sell or lease these 
devices will have to display a Consumer Disclosure, at the point of 
sale or lease, informing consumers of the conditions that apply to the 
operation of wireless microphones in the core TV bands during the 
temporary waiver period.

[[Page 3631]]

This disclosure requirement will apply until the effective date of the 
final rules addressing the issues raised in the FNPRM. In addition, the 
Commission will implement a comprehensive consumer outreach program 
that will include a Consumer Fact Sheet and other consumer 
publications, as well as other steps on the part of the Commission, to 
complement the expected outreach and education efforts on the part of 
low power auxiliary station manufacturers.
    47. Disclosure Requirement. The Commission requires anyone selling, 
leasing, or offering for sale or lease wireless microphones or other 
low power auxiliary stations that operate in the core TV bands to 
provide certain written disclosures to consumers. These entities must 
display the Consumer Disclosure, the text of which will be developed by 
the Commission staff, at the point of sale or lease, in a clear, 
conspicuous, and readily legible manner. In addition, the Consumer 
Disclosure must be displayed on the Web site of the manufacturer (even 
in the event the manufacturer does not sell wireless microphones 
directly to the public) and of dealers, distributors, retailers, and 
anyone else selling or leasing the devices.
    48. The Commission takes this step in recognition that a 
significant number of currently unauthorized users of wireless 
microphones and other low power auxiliary stations in the 700 MHz Band 
may have to purchase new equipment to transition into the core TV bands 
pursuant to temporary waivers. The Commission is intention in requiring 
display of the Consumer Disclosure is to make certain that these users 
understand their rights and obligations regarding the use of low power 
auxiliary stations in the core TV bands. For example, wireless 
microphone purchasers will need to know that they must not operate the 
device at a power level in excess of 50 milliwatts or in situations 
where it may cause harmful interference, and that they must accept any 
interference received from other devices. The Consumer Disclosure 
should help assure that purchasers of low power auxiliary stations 
operate their devices in a manner in compliance with the Commission's 
rules and policies and thereby do not cause interference to authorized 
radio services in the core TV bands.
    49. The Commission finds that the only practicable way to ensure 
that users receive this information is to require clear disclosure at 
the point of sale or lease, and on manufacturer and distributor Web 
sites. A number of parties in comments and ex parte filings have urged 
the Commission to adopt labeling requirements so that users of wireless 
microphones and other low power auxiliary stations will be aware of 
eligibility requirements and other restrictions for the use of those 
devices. The Commission agrees with these parties that disclosure 
requirements are necessary to ensure compliance with the Commissions 
rules and to help consumers operate the equipment in a manner that does 
not cause interference.
    50. The Commission delegates authority to the Wireless 
Telecommunications Bureau and the Consumer and Governmental Affairs 
Bureau to prepare the specific language that must be used in the 
Consumer Disclosure and publish it in the Federal Register.
    51. There is more than one way in which the point-of-sale Consumer 
Disclosure may be provided to potential purchasers or lessees of 
wireless microphones, but, as discussed above, each of them must 
satisfy all the requirements set out above, including that the 
disclosure be provided in writing at the point of sale in a clear, 
conspicuous, and readily legible manner. One way to fulfill this 
disclosure requirement would be to display the Consumer Disclosure in a 
prominent manner on the product box by using a label (either printed 
onto the box or otherwise affixed to the box), a sticker, or other 
means. Another way to fulfill the disclosure requirement would be to 
display the text immediately adjacent to each low power auxiliary 
station offered for sale or lease and clearly associated with the model 
to which it pertains. For wireless microphones offered online or via 
direct mail or catalog, the disclosure must be prominently displayed in 
close proximity to the images and descriptions of each wireless 
microphone. This requirement will remain in effect until the effective 
date of final rules adopted in response to the FNPRM.
    52. The Commission will require manufacturers, dealers, 
distributors, and other entities that sell or lease wireless microphone 
devices for operation in the core TV bands to comply with the 
disclosure requirements no later than February 28, 2010, and the 
Commission encourages these entities to provide consumers with the 
required information earlier. In this Report and Order, the Commission 
is taking steps to ensure that low power auxiliary stations, including 
wireless microphones, are cleared from the 700 MHz Band no later than 
June 12, 2010, so that public safety and commercial licensees will be 
able to operate without interference in the band. As noted above, many 
currently unauthorized users of wireless microphones and other low 
power auxiliary stations in the 700 MHz Band will have to purchase or 
lease new equipment to transition into the core TV bands, and the 
consumer disclosure will provide information on the operation of those 
devices in the core TV bands. The Commission finds that delaying the 
effective date of the disclosure rules until some later time would be 
contrary to the public interest.
    53. Consumer Outreach. In addition, the Commission finds that 
several means should be employed to provide as much notice as possible 
to users of the need to clear the 700 MHz Band of low power auxiliary 
stations, including wireless microphones.
    54. The Commission will release consumer publications, including a 
Consumer Fact Sheet and answers to Frequently Asked Questions (FAQs), 
that inform the public of the Commissions decisions in this Report and 
Order. Specifically, the Consumer Fact Sheet will serve the public 
interest by explaining the need to clear the 700 MHz Band in order that 
the spectrum can be used for the provision of new public safety and 
commercial services. The Consumer Fact Sheet will explain that entities 
currently operating low power auxiliary stations, including wireless 
microphones, may continue to operate in the 700 MHz Band until June 12, 
2010, subject to the conditions set forth in this Report and Order, 
including the early clearing mechanisms. The Consumer Fact Sheet will 
provide information concerning the early clearing mechanisms for the 
700 MHz Band that the Commission is adopting in this Report and Order. 
It will also inform the public how to use the Commission's Web site to 
view public notices that identify the markets in which 700 MHz 
licensees are initiating operations. In addition, the Consumer Fact 
Sheet will provide information concerning our decision to prohibit the 
manufacture, import, sale, lease, offer for sale or lease, or shipment 
of low power auxiliary stations for operation in the 700 MHz Band in 
the United States. The Commission also will provide on its Web site 
answers to FAQs relating to this proceeding.
    55. Commission staff also will identify and contact organizations 
that represent entities that are known to be users of low power 
auxiliary stations, including wireless microphones in the 700 MHz Band, 
including groups that represent theaters, houses of worship, and 
sporting venues. The Commission will inform these entities of its 
decisions in this Report and Order,

[[Page 3632]]

particularly the need to clear the 700 MHz Band in order that the 
spectrum can be used for the provision of new public safety and 
commercial services.
    56. Further, the Commission expects all manufacturers of wireless 
microphones and other low power auxiliary stations to make significant 
efforts to ensure that all users of such equipment capable of operating 
in the 700 MHz Band are fully informed of the decisions in this Report 
and Order. Specifically, the Commission expects these manufacturers, at 
a minimum, to ensure that these users are informed of the need to clear 
the 700 MHz Band in order that the spectrum can be used for the 
provision of new public safety and commercial services. Manufacturers 
also should inform users of wireless microphones and other low power 
auxiliary stations that they may continue to operate in the 700 MHz 
Band until June 12, 2010, but only subject to the conditions set forth 
in this Report and Order, including the early clearing mechanisms. 
Further, the Commission expects all manufacturers to contact dealers, 
distributors, and anyone else who has purchased wireless microphones 
and other low power auxiliary stations, and inform them of the 
Commissions decisions in this Report and Order to help clear the 700 
MHz Band. Manufacturers should also provide information on the 
decisions in this Report and Order to any users that have filed 
warranty registrations for 700 MHz Band equipment with the 
manufacturer. The Commission also expects manufacturers to post this 
information on their Web sites and include it in all of their sales 
literature.
    In addition, the Commission urges all manufacturers to extend their 
rebate offers and trade-in programs for any 700 MHz Band low power 
auxiliary stations, including wireless microphones, and widely 
publicize these programs to ensure that all users of wireless 
microphones are fully informed. To the extent manufacturers do not 
offer a rebate or trade-in program for 700 MHz Band low power auxiliary 
stations, the Commission strongly encourage them to create or re-
establish such programs. In contacting dealers and distributors, the 
Commission expects manufacturers to inform these entities that they 
should: (1) Inform all customers who have purchased low power auxiliary 
stations, including wireless microphones, that are capable of operating 
in the 700 MHz Band of our decision to clear the 700 MHz Band of such 
devices; (2) post such and (4) provide information in sales literature, 
including on their Web sites, on the availability of any manufacturer 
rebate offerings and trade-in programs related to low power auxiliary 
stations operating in the 700 MHz Band; and that they must comply with 
the disclosure requirements that we are adopting in this Report and 
Order.

III. Procedural Matters

Final Regulatory Flexibility Act Analysis

    57. As required by the Regulatory Flexibility Act of 1980 
(``RFA''), the Commission has prepared a Final Regulatory Flexibility 
Analysis (``FRFA'') relating to this Report and Order. Although Section 
213 of the Consolidated Appropriations Act 2000 provides that the RFA 
shall not apply to the rules and competitive bidding procedures for 
frequencies in the 746-806 MHz Band, the Commission nevertheless 
believes that it would serve the public interest to analyze the 
possible significant economic impact of the policy and rule changes in 
this band on small entities. Accordingly, the FRFA includes an analysis 
of this impact in connection with all spectrum that falls within the 
scope of the Report and Order, including spectrum in the 746-806 MHz 
Band.

Final Regulatory Flexibility Analysis

    58. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Federal Communications Commission (Commission) 
included an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities of the policies and rules considered in the Notice in WT 
Docket No. 08-166 and WT Docket No. 08-167. The Commission sought 
written public comment on the Notice, including comment on the IRFA. 
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
    59. Although Section 213 of the Consolidated Appropriations Act of 
2000 provides that the RFA shall not apply to the rules and competitive 
bidding procedures for frequencies in the 746-806 MHz Band, the 
Commission believes that it would serve the public interest to analyze 
the possible significant economic impact of the proposed policy and 
rule changes in this band on small entities. Accordingly, this FRFA 
contains an analysis of this impact in connection with all spectrum 
that falls within the scope of the Report and Order, including spectrum 
in the 746-806 MHz Band.
A. Need for, and Objectives of, the Rules
    60. As noted in the Report and Order, the DTV Act set a firm date 
by which the 700 MHz Band (698-806 MHz), currently occupied by 
television broadcasters in TV Channels 52-69, must be vacated to allow 
for use of the spectrum by public safety and commercial wireless 
services. In the DTV Delay Act, which was enacted on February 11, 2009, 
Congress extended the DTV transition deadline from February 17, 2009, 
to June 12, 2009. In the Report and Order, the Commission takes several 
actions relating to the operation of low power auxiliary stations, 
including wireless microphones, in the 700 MHz Band, that are designed 
to ensure that these devices are cleared from the 700 MHz Band in order 
that, consistent with the Commission's long-standing goals, this 
spectrum is made fully available for use by the public safety and 
commercial licensees, and the customers that they serve, in the band 
following the DTV transition.
    61. In the Report and Order, the Commission determines that 
entities currently operating part 74 low power auxiliary stations, 
including wireless microphones, in the 700 MHz Band will not have the 
right to operate on those frequencies except pursuant to certain 
specified conditions and only for a limited transition period of no 
more than one year from end of the DTV transition (June 12, 2010). In 
adopting this transition period, the Commission seeks to balance the 
needs of public safety and commercial licensees to operate without 
interference in the 700 MHz Band with the concern that entities 
currently operating low power auxiliary stations in the 700 MHz Band 
have sufficient time to remove their operations from the band and 
relocate to other bands. Furthermore, in certain areas, it may be 
necessary to end the transitional operations of low power auxiliary 
stations in the 700 MHz Band prior to that time, where public safety 
and commercial licensees are entering the 700 MHz Band. Specifically, 
to the extent that a 700 MHz public safety or commercial licensee 
chooses to notify the Commission that it will be initiating operations 
on specified frequencies in particular market(s), the Commission will 
issue a public notice to inform users of low power auxiliary stations 
in the 700 MHz Band in those market(s) that they will be required to 
cease operations within 60 days after such notice is issued. 
Alternatively, any 700 MHz public safety or commercial licensee may, at 
its option, notify any user of low power auxiliary stations of its 
intention to initiate operations on specified frequencies in the market 
in which the low power auxiliary station user is operating. Upon 
receipt of such notice, the entity operating low power

[[Page 3633]]

auxiliary stations in the affected market area must cease operation 
within 60 days. Finally, the Report and Order underscores that if, at 
any time during this transition period, users of low power auxiliary 
stations cause harmful interference to a 700 MHz public safety or 
commercial licensee, those users must cease operations in the band 
immediately.
    62. Through this determination in the Report and Order, the 
Commission is acting to ensure that these low power auxiliary stations 
are cleared from the 700 MHz Band in order to make this spectrum fully 
available for use by the public safety and commercial licensees. This 
determination respecting operation of wireless microphones in the 700 
MHz Band also is consistent with the Commission's previous concerns 
about the potential for interference in the band because low power 
auxiliary stations could interfere with public safety and commercial 
base and mobile receivers. Such interference raises the potential for a 
disruption of vital public safety services and commercial services.
    63. Consistent with the Commission's goal of ensuring that 700 MHz 
Band spectrum is available for public safety and commercial users 
following the DTV transition, the Report and Order prohibits the 
manufacture, import, sale, offer for sale, or shipment of low power 
auxiliary stations designed to operate in the 700 MHz Band in the 
United States at any time following the publication of a summary of the 
Report and Order in the Federal Register. The Report and Order adopts 
additional marketing and labeling requirements designed to prevent the 
continued sale and distribution of low power auxiliary stations that 
operate in the 700 MHz Band. This prohibition is not applicable to 
devices manufactured solely for export. The prohibition on manufacture, 
import, sale, and shipment of low power auxiliary stations designed to 
operate in the 700 MHz Band in the United States serves the public 
interest by providing greater assurance that the 700 MHz Band will be 
made available to public safety and new commercial licensees. The 
Commission finds that good cause exists to have this prohibition take 
effect on less than 30 days notice in order to expedite the 
availability of unencumbered spectrum for public safety and new 
commercial licensees consistent with the statutory directive that the 
DTV transition end as of June 12, 2009.
    64. The Report and Order also modifies the licenses of all low 
power auxiliary station licensees that currently are authorized to 
operate in the 700 MHz Band, removing any part of the authorization 
pertaining to the band, subject to the condition that if a licensee is 
unable to cease operations in the band by that date, it may continue to 
operate under its existing authorization within the transition 
limitations adopted in the Report and Order. The Commission takes this 
action to ensure that the effective use of the 700 MHz Band by public 
safety and commercial licensees after the end of the DTV transition is 
not compromised, and that these new licensees will be able to operate 
free from interference by low power auxiliary stations operating in the 
700 MHz Band. The Commission also adopts procedures whereby existing 
low power auxiliary station licensees currently operating in the 700 
MHz Band can have their licenses modified should it be necessary to add 
to their authorizations other spectrum bands that are available for low 
power auxiliary station operations under the rules.
B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    65. Nady Systems, Inc. (Nady) indicates that its comments also 
address the IRFA. In its comments, Nady addresses the suggestion by 
PISC that the Commission should order all wireless microphone 
manufacturers that engaged in illegal marketing to pay the cost of 
replacing microphone systems for those wireless microphone operators 
required to cease operation in the 700 MHz Band after the end of the 
DTV transition. Nady comments that a gradual migration of wireless 
microphone users out of the 700 MHz Band strikes a reasonable balance 
that protects competing interests, and comments that the Commission 
should provide a transition that includes voluntary negotiations 
between parties. According to Nady, the majority of wireless microphone 
manufacturers are ``small entities'' which ``would go bankrupt if they 
had to finance migration of all wireless microphones operating in the 
700 MHz Band.'' Nady also comments that wireless microphones will be 
migrating to the ``white spaces'' below the 700 MHz Band, and that 
these microphones require protection from interference by emerging 
technologies in the white spaces. A number of commenters, including 
Nady, argue that a delay in the effective date of the ban is needed to 
prevent unnecessary disruption of operations and costs, and the 
Commission has adopted a short time period for low power auxiliary 
station users to transition their operations out of the 700 MHz Band. 
Many commenters addressed issues regarding the use of wireless 
microphones without the required license.
C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply
    66. 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 term ``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 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).
    67. When identifying small entities that could be affected by the 
Commission's new rules, this FRFA provides information describing the 
number of small entities that currently hold low power auxiliary 
station licenses, as well as estimates of the number of small entities 
that currently manufacture low power auxiliary stations. In order to 
analyze the total number of potentially affected small entities, the 
Commission estimates the number of small entities that may be affected 
by the rule changes adopted in the Report and Order.
    68. 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.
    69. In the Report and Order, the Commission concludes that low 
power auxiliary stations authorized under part 74 of our rules--
including wireless

[[Page 3634]]

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.
    70. 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.
    71. The Commission notes, 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 our 
estimate of small businesses may therefore be over-inclusive.
    72. 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.
    73. The Commission notes, 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 our action, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. In addition, an element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. 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.
    74. In addition, the Commission has estimated the number of 
licensed 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, we will presume that all LPTV 
licensees qualify as small entities under the above SBA small business 
size standard.
    75. 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 
we 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.
    76. 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.
    77. 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.

[[Page 3635]]

Industry data indicate that, of 1,076 cable operators nationwide, all 
but ten are small under this size standard. We note that the Commission 
neither requests nor collects information on whether cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250 million, and therefore we are unable to estimate more 
accurately the number of cable system operators that would qualify as 
small under this size standard.
    78. 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.
    79. 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.
    80. 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.
    81. 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.
    82. 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 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.
    83. 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 for Small Entities
    84. The Report and Order adopts transition procedures for entities 
that have not been able to migrate their operations of low power 
auxiliary stations out of the 700 MHz Band by the effective date of the 
new rules. During a one-year transition period from the end of the DTV 
transition, to the extent that a 700 MHz public safety or commercial 
licensee chooses to notify the Commission that it will be initiating 
operations on specified frequencies in particular market(s), the 
Commission will issue a public notice providing that users of low power 
auxiliary stations in the 700 MHz Band in those market(s) will be 
required to cease operations within 60 days after such notice is 
issued. Alternatively, any 700 MHz commercial or public safety licensee 
may, at its option, notify any user of low power auxiliary stations of 
its intention to initiate operations on specified frequencies in the 
market in which the low power auxiliary station user is operating. Upon 
receipt of such notice, the entity operating low power auxiliary 
stations in the affected market area must cease operation within 60 
days.
    85. To protect consumers in the United States, and to help ensure 
that no wireless microphones and other low power auxiliary stations 
that operate in the 700 MHz Band continue to be made available for use 
in the United States, the Report and Order requires retailers to remove 
from display (including online display) any low power auxiliary 
stations, including wireless microphones, that can operate in the 700 
MHz Band, as well as any marketing material that does not comply with 
the requirements adopted herein.

[[Page 3636]]

    86. Current licensees with authority under part 74, Subpart H to 
operate low power auxiliary stations in the 700 MHz Band whose current 
authorization limits them in whole or in significant part to operations 
in the 700 MHz Band can be accommodated with the use of spectrum from 
other spectrum bands that are available for low power auxiliary station 
operations under Section 74.802 of the rules. Once replacement spectrum 
has been identified, as a matter of administrative convenience, the 
licensee should file an application to modify its authorization to 
include the identified frequencies.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    87. 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 or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) and exemption 
from coverage of the rule, or any part thereof, for small entities.''
    88. In the Report and Order, the Commission adopts a single set of 
rules for all operators and manufacturers of low power auxiliary 
stations (including those operators and manufacturers that are small 
entities). The Commission decides on a single set of rules in 
accordance with its objective of limiting potential interference on the 
700 MHz Band to ensure that it is available for public safety and 
commercial wireless services as of June 12, 2009. In the Report and 
Order, the Commission concludes to amend its rules to make clear that 
none of the entities currently operating low power auxiliary stations, 
including wireless microphones, within the 700 MHz Band will have the 
right to do so after the end of the DTV transition because such 
operations could cause harmful interference to new wireless services in 
the band, particularly public safety operations. To adopt a separate 
set of rules for small entities could undermine the Commission's 
objective of establishing an unencumbered 700 MHz Band for use by 
public safety and commercial wireless services after the end of the DTV 
transition.
    89. The rules adopted in the Report and Order may have a 
significant economic impact on a substantial number of small entities. 
For example, the Commission has determined to amend its rules to 
provide that low power auxiliary stations licensed under part 74 of the 
rules (including those operated by small entities) no longer have a 
right to operate in the 700 MHz Band after the effective date of the 
rules adopted in the Report and Order. The Commission modifies the 
licenses of all low power auxiliary station licensees that currently 
are authorized to operate in the 700 MHz Band to remove this part of 
the authorization and prohibit such operations in the 700 MHz Band 
after the effective date of the new rules, as conditioned in the Report 
and Order. 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 
publication of a summary of the Report and Order in the Federal 
Register. This ban includes the manufacture, import, sale, offer for 
sale, or shipment of such devices by small entities, and the 
requirements for complying with these rules would be the same for both 
large and small entities. To the extent that small entities feel this 
compliance burden more, we have, as noted herein in Section D and 
below, provided a transition period to lessen this burden.
    90. In the Report and Order, the Commission takes several steps to 
minimize the economic impact of its rules on operators of low power 
auxiliary stations in the 700 MHz Band (including those operators which 
are small entities). For example, the Commission recognizes that not 
all entities operating low power auxiliary stations in the 700 MHz Band 
may succeed, despite their best efforts, in removing their operations 
from the band by the date of the new rules and finds that a transition 
period is appropriate for these users. This limited right terminates 
one year from the end of the DTV transition, subject to the transition 
procedures. All users of low power auxiliary stations must cease 
operations in the band immediately if they cause harmful interference 
to 700 MHz public safety and commercial licensees. To the extent that a 
700 MHz public safety or commercial licensee chooses to notify the 
Commission that it will be initiating operations on specified 
frequencies in particular market(s), the Commission will issue a public 
notice providing that users of low power auxiliary stations in the 700 
MHz Band in those market(s) will be required to cease operations within 
60 days after such notice is issued. Alternatively, any 700 MHz 
commercial or public safety licensee may, at its option, notify any 
user of low power auxiliary stations of its intention to initiate 
operations on specified frequencies in the market in which the low 
power auxiliary station user is operating. Upon receipt of such notice, 
the entity operating low power auxiliary stations in the affected 
market area must cease operation within 60 days. Alternative procedures 
that the Commission did not adopt include a longer transition period 
that may have had an impact on small entities.
    91. These transition procedures will apply both to licensed low 
power auxiliary stations and users of low power auxiliary stations in 
the 700 MHz Band that that did not obtain the required license. By 
making the procedures available to entities that have not had the 
required license, it is likely that many small entities will be 
provided with authority to operate on a limited basis, which has not 
previously been made available to them. The Commission also concludes 
that it serves the public interest to waive two of our part 15 rules, 
to permit unauthorized users of low power auxiliary stations, including 
wireless microphones, to operate on an unlicensed basis under Part 15 
pursuant to certain specified technical requirements, in the 700 MHz 
Band until June 12, 2010 and in the core TV bands until the effective 
date of the rules that will be adopted in response to the FNPRM.
    92. In addition, the Commission finds that those licensees whose 
current authorization limits them in whole or in significant part to 
operations in the 700 MHz Band can be accommodated with the use of 
spectrum from other spectrum bands that are available for low power 
auxiliary station operations under Section 74.802 of the rules. The 
Report and Order notes that such licensees may wish to consult with a 
local Society of Broadcast Engineers (SBE) coordinator to identify 
suitable spectrum from other spectrum bands that are available for low 
power auxiliary station operations under the rules. Once replacement 
spectrum has been identified, as a matter of administrative convenience 
the licensee should file an application to modify its authorization to 
include the identified frequencies. This will enable the Wireless 
Telecommunications Bureau to modify the license in conformance with the 
revised rules adopted in the Report and Order.

[[Page 3637]]

    93. The Report and Order rejects an alternative proposal for a 
general amnesty for unauthorized wireless microphone users. The 
Commission permits wireless microphone users currently operating in the 
700 MHz Band, which include many currently unauthorized users, to 
remain in the band for a limited period of time subject to specific 
transition procedures, while also permitting many currently 
unauthorized users the opportunity, on a going-forward basis, to locate 
wireless microphone operations in the TV band spectrum. In addition, 
the Report and Order declines to pursue the investigation requested by 
PISC.
F. Report to Congress
    1. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act. In addition, the Commission will send a copy of the Report and 
Order, including this FRFA, to the Chief Counsel for Advocacy of the 
SBA. A copy of the Report and Order and FRFA (or summaries thereof) 
will also be published in the Federal Register.

Final Paperwork Reduction Act Analysis

    94. The Report and Order contains new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection requirements contained in 
this proceeding. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission seek specific comment on how the Commission might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''
    95. The Commission finds that there is good cause to seek emergency 
OMB approval in order that the new information collections adopted in 
this Report and Order may take effect as soon as possible. The 
procedures under which public safety and commercial licensees may 
provide notice of their intention to initiate wireless operations 
constitute a new information collection under the PRA. The labeling 
requirements for 700 MHz Band equipment destined for non-U.S. markets 
also constitute a new information collection under the PRA. In 
addition, the consumer disclosure requirements for anyone selling, 
leasing, or offering for sale or lease low power auxiliary stations 
that operate in the core TV bands constitute a new information 
collection under the PRA. The Commission is submitting a request to OMB 
for approval of these rules under the emergency clearance provisions of 
the PRA. Accordingly, the information collections adopted in this 
Report and Order will become effective as follows. The information 
collections associated with the procedures for early clearing of the 
700 MHz Band will become effective upon publication of a summary of 
this Report and Order in the Federal Register or upon OMB approval, 
whichever is later. The labeling requirements for 700 MHz Band 
equipment destined for export will become effective 90 days after 
release of this Report and Order (i.e., April 15, 2010), subject to OMB 
approval, and the consumer disclosure requirements will become 
effective on February 28, 2010, subject to OMB approval.

Congressional Review Act

    96. The Commission will include a copy of this Report and Order and 
FNPRM 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).

IV. Ordering Clauses

    97. Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 
4(j), 301, 302, 303, 304, 307, 308, 309, 316, 332, 336, and 337 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 301, 302a, 303, 304, 307, 308, 309, 316, 332, 336, and 337, 
that this Report and Order in WT Docket No. 08-166, WT Docket No. 08-
167, and ET Docket No. 10-24 is adopted, that parts 2, 15, and 74 of 
the Commission's rules, 47 CFR parts 2, 15, and 74 are amended as set 
forth in the final rules, and that the requirements of this Report and 
Order and the amended rules shall become effective upon the publication 
of a summary of the Report and Order in the Federal Register, except as 
follows with respect to the information collections: Sec.  74.802(e) in 
the final rules shall become effective upon publication of a summary of 
the Report and Order in the Federal Register; Sec.  15.216 in the final 
rules shall become effective on February 28, 2010; Sec.  74.851(h) in 
the final rules shall become effective 90 days after release of this 
Report and Order (i.e., April 15, 2010), and these information 
collections are subject to OMB approval. With respect to information 
collections subject to OMB approval, the Commission will issue a public 
notice announcing the date upon which these provisions shall become 
effective following receipt of such approval.
    98. It is further ordered that, pursuant to authority in Section 
1.3 of the Commission's rules, 47 CFR 1.3, and Sections 4(i), 302, 
303(e), and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 302, 303(e), and 303(r), Sections 15.201(b) and 
15.209(a) of the Commission's rules, 47 CFR 15.201(b), 15.209(a), are 
waived, consistent with the terms of this Report and Order. This action 
is effective upon release of this Report and Order.
    99. It is further ordered that, pursuant to Section 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 155(c), the Wireless 
Telecommunications Bureau, Public Safety and Homeland Security Bureau, 
and Consumer and Governmental Affairs Bureau are granted delegated 
authority to implement the policies set forth in this Report and Order 
and the rules, as revised, set forth in the final rules hereto.
    100. It is further ordered that, pursuant to Section 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 155(c), the Wireless 
Telecommunications Bureau and Consumer and Governmental Affairs Bureau 
are granted delegated authority to prepare the specific language that 
must be used in the Consumer Disclosure, as set forth in this Report 
and Order and the rules in the final rules, and publish it in the 
Federal Register.
    101. It is further ordered that, pursuant to Section 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 155(c), the Office of 
Engineering and Technology and the Wireless Telecommunications Bureau 
are granted delegated authority to address requests to modify the 
limited waiver of Sections 15.201(b) and 15.209(a) of the Commission's 
rules, 47 CFR 15.201(b), 15.209(a), as set forth in this Report and 
Order, on a case-by-case basis to permit entities that are operating 
without a license authorization to operate low power auxiliary stations 
at power levels higher than 50 milliwatts.
    102. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

[[Page 3638]]

    103. 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).

List of Subjects

47 CFR Part 2

    Communications equipment, Reporting and recordkeeping requirements.

47 CFR Part 15

    Communications equipment, Labeling, and Reporting and recordkeeping 
requirements.

47 CFR Part 74

    Communications equipment, Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2, 15, and 74 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106, Table of Frequency Allocations, is amended by 
revising footnotes NG115 and NG159 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
NON-FEDERAL GOVERNMENT (NG) FOOTNOTES
* * * * *
    NG115 In the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz, 
and 614-698 MHz, wireless microphones and wireless assist video devices 
may be authorized on a non-interference basis, subject to the terms and 
conditions set forth in 47 CFR part 74, subpart H.
* * * * *
    NG159 Any full-power television licensee that holds a television 
broadcast license to operate between 698 and 806 megahertz (TV channels 
52-69) shall be entitled to protection from harmful interference 
through June 12, 2009, and may not operate at that frequency after June 
12, 2009. Auxiliary broadcast stations other than low power auxiliary 
stations (i.e., low-power TV stations, translator stations, booster 
stations, and TV auxiliary (backup) facilities) may continue to operate 
indefinitely in the band 698-806 MHz on a secondary basis to all other 
stations operating in that band.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

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

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.


0
4. Part 15 is amended by adding Sec.  15.216 to read as follows:


Sec.  15.216  Disclosure Requirements for wireless microphones and 
other low power auxiliary stations capable of operating in the core TV 
bands.

    (a) Any person who manufactures, sells, leases, or offers for sale 
or lease, low power auxiliary stations capable of operating in the core 
TV bands (channels 2-51, excluding channel 37) is subject to the 
following disclosure requirements: (1) Such persons must display the 
consumer disclosure text, as specified by the Wireless 
Telecommunications Bureau and the Consumer and Governmental Affairs 
Bureau, at the point of sale or lease of each such low power auxiliary 
station. The text must be displayed in a clear, conspicuous, and 
readily legible manner. One way to fulfill the requirement in this 
section is to display the consumer disclosure text in a prominent 
manner on the product box by using a label (either printed onto the box 
or otherwise affixed to the box), a sticker, or other means. Another 
way to fulfill this requirement is to display the text immediately 
adjacent to each low power auxiliary station offered for sale or lease 
and clearly associated with the model to which it pertains.
    (2) If such persons offer such low power auxiliary stations via 
direct mail, catalog, or electronic means, they shall prominently 
display the consumer disclosure text in close proximity to the images 
and descriptions of each such low power auxiliary station. The text 
should be in a size large enough to be clear, conspicuous, and readily 
legible, consistent with the dimensions of the advertisement or 
description.
    (3) If such persons have Web sites pertaining to these low power 
auxiliary stations, the consumer disclosure text must be displayed 
there in a clear, conspicuous, and readily legible manner (even in the 
event such persons do not sell low power auxiliary stations directly to 
the public).
    (b) The consumer disclosure text described in paragraph (a)(1) of 
this section is set out in an appendix to this section.

Appendix to Sec.  15.216--[Reserved]

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

0
5. The authority citation for part 74 is revised to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 336(f), 336(h) and 
554.


0
6. Section 74.802 is amended by revising the last two entries in 
paragraph (a); revising paragraph (b)(3), and by adding paragraph (e), 
to read as follows:


Sec.  74.802  Frequency assignment.

    (a) * * *
    614.000-698.000 MHz
    944.000-952.000 MHz
    (b) * * *
    (3) 470.000-608.000 MHz and 614.000-698.000 MHz.
    All zones 113 km (70 miles)
* * * * *
    (e) Clearing mechanisms for the 700 MHz Band. This section sets 
forth provisions relating to the transition of low power auxiliary 
stations operating at 698-806 MHz (700 MHz band).
    (1) Any low power auxiliary station that operates at frequencies in 
the 700 MHz band while transitioning its operations out of that band 
must not cause harmful interference and must accept interference from 
any commercial or public safety wireless licensees in the 700 MHz band.
    (2) Any low power auxiliary station that operates at frequencies in 
the 700 MHz band will have until no later than June 12, 2010 to 
transition its operations completely out of the 700 MHz band, subject 
to the following. During this transition period, any commercial or 
public safety licensee in the 700 MHz band may choose one or both of 
the following voluntary methods to notify low power auxiliary stations:
    (i) Any commercial or public safety licensee in the 700 MHz band 
may notify the Commission that it has initiated or will be initiating 
operations on specified frequencies in a particular market(s) in the 
700 MHz band. The wireless operations initiated by the commercial or 
public safety 700 MHz licensees may include system testing or trials. 
Following receipt of the notification, the Commission will issue

[[Page 3639]]

a public notice providing that operators of low power auxiliary 
stations, including wireless microphones, in the 700 MHz band in those 
market(s) will be required to cease operations within 60 days after the 
Commission's notice is released.
    (ii) Any commercial or public safety licensee in the 700 MHz band 
may notify any low power auxiliary station users operating in the 700 
MHz band that it has initiated or will be initiating operations on 
specified frequencies in the market in which the low power auxiliary 
station is operating. The wireless operations initiated by the 
commercial or public safety 700 MHz licensees may include system 
testing or trials. Upon receipt of such notice, the low power auxiliary 
station in the affected market area must cease operation within 60 
days.
    (iii) In the event that both of these notice provisions in 
paragraphs (e)(2)(i) and (ii) of this section are used with respect to 
a particular low power auxiliary station, the low power auxiliary 
station will have to cease operations in the market(s) in accordance 
with whichever notice provides for earlier termination of its 
operations.
    (3) Notwithstanding this 60 day notice requirement, any low power 
auxiliary station that causes harmful interference to any commercial or 
public safety 700 MHz licensee must cease operations immediately, 
consistent with the rules for secondary use.
0
7. Section 74.851 is amended by revising the heading and adding new 
paragraphs (g), (h), and (i) to read as follows:


Sec.  74.851  Certification of equipment; prohibition on manufacture, 
import, sale, lease, offer for sale or lease, or shipment of devices 
that operate in the 700 MHz Band; labeling for 700 MHz band equipment 
destined for non-U.S. markets; disclosure for the core TV bands.

* * * * *
    (g) No person shall manufacture, import, sell, lease, offer for 
sale or lease, or ship low power auxiliary stations that are capable of 
operating in the 700 MHz band (698-806 MHz). This prohibition does not 
apply to devices manufactured solely for export.
    (h) Any person who manufactures, sells, leases, or offers for sale 
or lease low power auxiliary stations, including wireless microphones, 
that are destined for non-U.S. markets and that are capable of 
operating in the 700 MHz band shall include labeling and make clear in 
all sales, marketing, and packaging materials, including online 
materials, relating to such devices that the devices cannot be operated 
in the U.S.
    (i) Any person, whether such person is a wholesaler or a retailer, 
who manufactures, sells, leases, or offers for sale or lease low power 
auxiliary stations that operate in the core TV bands (channels 2-51, 
excluding channel 37) is subject to the disclosure requirements in 
Sec.  15.216 of this chapter.
0
8. Section 74.861 is amended by revising paragraph (e)(1)(ii) to read 
as follows:


Sec.  74.861  Technical requirements.

* * * * *
    (e) * * *
    (1) * * *
    (ii) 470-608 and 614-698 MHz bands--250 mW
* * * * *
[FR Doc. 2010-1216 Filed 1-21-10; 8:45 am]
BILLING CODE 6712-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>