3622 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

N.J.A.C. 7:27B–3.2. Sampling and analytical 

protocol: acceptable test methods 

N.J.A.C. 7:27B–3.3. Operating conditions 

during the test 

N.J.A.C. 7:27B–3.4. Sampling facilities 

N.J.A.C. 7:27B–3.5. Source operations and 

applicable test methods 

N.J.A.C. 7:27B–3.6. Procedures for the 

determinations of vapor pressures of a 

single known VOC or mixtures of known 

and/or unknown VOC 

N.J.A.C. 7:27B–3.7. Procedures for the direct 

measurement of volatile organic 

compounds using a flame ionization 

detector (FID), a photoionization detector 

(PID) or a non-dispersive infrared analyzer 

(NDIR) 

N.J.A.C. 7:27B–3.8. Procedures for the direct 

measurement of volatile organic 

compounds using a gas chromatograph 

(GC) with a flame ionization detector (FID) 

or other suitable detector 

N.J.A.C. 7:27B–3.9. Procedures for the 

sampling and remote analysis of known 

volatile organic compounds using a gas 

chromatograph (GC) with a flame 

ionization detector (FID) or other suitable 

detector 

N.J.A.C. 7:27B–3.10. Procedures for the 

determination of volatile organic 

compounds in surface coating formulations 

N.J.A.C. 7:27B–3.11. Procedures for the 

determination of volatile organic 

compounds emitted from transfer 

operations using a flame ionization 

detector (FID) or non-dispersive infrared 

analyzer (NDIR) 

N.J.A.C. 7:27B–3.12. Procedures for the 

determination of volatile organic 

compounds in cutback and emulsified 

asphalts 

N.J.A.C. 7:27B–3.13. Procedures for the 

determination of leak tightness of gasoline 

delivery vessels 

N.J.A.C. 7:27B–3.14. Procedures for the direct 

detection of fugitive volatile organic 

compound leaks 

N.J.A.C. 7:27B–3.15. Procedures for the direct 

detection of fugitive volatile organic 

compound leaks from gasoline tank trucks 

and vapor collection systems using a 

combustible gas detector 

N.J.A.C. 7:27B–3.18. Test methods and 

sources incorporated by reference. 

* * * * * 

[FR Doc. 2010–1111 Filed 1–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

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 §§ 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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

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

instructions for submitting comments. 

• 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. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

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

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Paul D’Ari, 

Wireless Telecommunications Bureau, 

(202) 418–1550, e-mail 

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

Office of Engineering and Technology, 

(202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s rules 

noted in the Report and Order and 

Further Notice of Proposed Rulemaking 

in WT Docket Nos. 08–166 and 08–167, 

ET Docket No. 10–24 and FCC 10–16, 

adopted January 14, 2010, and released 

on January 15, 2010. This summary 

should be read with its companion 

document, the 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 FCC@BCPIWEB.com. Copies of 

the public notice also may be obtained 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket numbers, WT 

Docket No. 08–166, WT Docket No. 08– 

167, and ET Docket No. 10–24. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

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


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

• 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. 

• 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. 

• 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. 

• 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. 

• 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: 

• 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. 

• 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. 

• 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. 

• 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. 

• 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: 

• 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. 

• 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. 

• 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 longterm reform, based in part on 

technological innovation such as digital 

technology, that would enable wireless 

microphones to operate more efficiently 

and with improved immunity to 

harmful interference, thereby increasing 

the availability of spectrum for wireless 

microphone and other uses. 

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 


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3624 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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 interferencefree 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, 


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


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3626 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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 oneyear 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 


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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 AudioTechnica, 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 


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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 longstanding 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 


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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 


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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-ofband 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. 


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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, 


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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 


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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 


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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. 


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


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3636 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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. 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 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: § 74.802(e) in the final rules 

shall become effective upon publication 

of a summary of the Report and Order 

in the Federal Register; § 15.216 in the 

final rules shall become effective on 

February 28, 2010; § 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. 


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3638 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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 

■ 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 

■ 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. 

■ 2. Section 2.106, Table of Frequency 

Allocations, is amended by revising 

footnotes NG115 and NG159 to read as 

follows: 

§ 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 noninterference 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 

■ 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. 

■ 4. Part 15 is amended by adding 

§ 15.216 to read as follows: 

§ 15.216 Disclosure Requirements for 

wireless microphones and other low power 

auxiliary stations capable of operating in 

the core TV bands. 

(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 § 15.216—[Reserved] 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 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. 

■ 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: 

§ 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 


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

1Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

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

Low Power Auxiliary Stations, Including Wireless 

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

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

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

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

Report and Order’’). 

2Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

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

Low Power Auxiliary Stations, Including Wireless 

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

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

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

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

Report and Order’’). 

3 Id. 

4See id., Appendix B. 

5 Id. at para. 99. 

a public notice providing that operators 

of low power auxiliary stations, 

including wireless microphones, in the 

700 MHz band in those market(s) will be 

required to cease operations within 60 

days after the Commission’s notice is 

released. 

(ii) Any commercial or public safety 

licensee in the 700 MHz band may 

notify any low power auxiliary station 

users operating in the 700 MHz band 

that it has initiated or will be initiating 

operations on specified frequencies in 

the market in which the low power 

auxiliary station is operating. The 

wireless operations initiated by the 

commercial or public safety 700 MHz 

licensees may include system testing or 

trials. Upon receipt of such notice, the 

low power auxiliary station in the 

affected market area must cease 

operation within 60 days. 

(iii) In the event that both of these 

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

and (ii) of this section are used with 

respect to a particular low power 

auxiliary station, the low power 

auxiliary station will have to cease 

operations in the market(s) in 

accordance with whichever notice 

provides for earlier termination of its 

operations. 

(3) Notwithstanding this 60 day notice 

requirement, any low power auxiliary 

station that causes harmful interference 

to any commercial or public safety 700 

MHz licensee must cease operations 

immediately, consistent with the rules 

for secondary use. 

■ 7. Section 74.851 is amended by 

revising the heading and adding new 

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

follows: 

§ 74.851 Certification of equipment; 

prohibition on manufacture, import, sale, 

lease, offer for sale or lease, or shipment of 

devices that operate in the 700 MHz Band; 

labeling for 700 MHz band equipment 

destined for non-U.S. markets; disclosure 

for the core TV bands. 

* * * * * 

(g) No person shall manufacture, 

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

or ship low power auxiliary stations that 

are capable of operating in the 700 MHz 

band (698–806 MHz). This prohibition 

does not apply to devices manufactured 

solely for export. 

(h) Any person who manufactures, 

sells, leases, or offers for sale or lease 

low power auxiliary stations, including 

wireless microphones, that are destined 

for non-U.S. markets and that are 

capable of operating in the 700 MHz 

band shall include labeling and make 

clear in all sales, marketing, and 

packaging materials, including online 

materials, relating to such devices that 

the devices cannot be operated in the 

U.S. 

(i) Any person, whether such person 

is a wholesaler or a retailer, who 

manufactures, sells, leases, or offers for 

sale or lease low power auxiliary 

stations that operate in the core TV 

bands (channels 2–51, excluding 

channel 37) is subject to the disclosure 

requirements in § 15.216 of this chapter. 

■ 8. Section 74.861 is amended by 

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

follows: 

§ 74.861 Technical requirements. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) 470–608 and 614–698 MHz 

bands—250 mW 

* * * * * 

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

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

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

Docket No. 10–24; DA 10–92] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this order, Wireless 

Telecommunications Bureau and 

Consumer and Governmental Affairs 

Bureau of the Federal Communications 

Commission adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.1

DATES: This rule amends § 15.216, 

which contains information collection 

requirements that have not been 

approved by OMB. The FCC will 

publish a document in the Federal 

Register announcing the effective date. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Order in WT Docket 

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

10–24 and DA 10–92, adopted January 

15, 2010, and released on January 15, 

2010. In this order, the Wireless 

Telecommunications Bureau and 

Consumer and Governmental Affairs 

Bureau of the Federal Communications 

Commission adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.2 This 

disclosure requirement is applicable to 

persons who manufacture, sell, lease, or 

offer for sale or lease low power 

auxiliary stations, including wireless 

microphones, capable of operating in 

the core TV bands (channels 2–51, 

excluding channel 37). 

Order 

1. On January 14, 2010, the 

Commission adopted a Wireless 

Microphone Report and Order.3 In the 

Wireless Microphone Report and Order, 

the Commission took action to ensure 

that low power auxiliary stations, 

including wireless microphones, are 

cleared from the 700 MHz Band (689– 

806 MHz) so that public safety and 

commercial licensees can operate in the 

band without interference. The 

Commission adopted a new rule, 

Section 15.216, which provides that any 

person who manufactures, sells, leases, 

or offers for sale or lease wireless 

microphones and other low power 

auxiliary stations capable of operating 

in the core TV bands must display a 

consumer disclosure text.4

2. The Commission delegated 

authority to the Wireless 

Telecommunications Bureau and the 

Consumer and Governmental Affairs 

Bureau to adopt the specific language 

that must be used in the consumer 

disclosure that is required by Section 

15.216 of Appendix B in the Wireless 

Microphone Report and Order.5 The 

Wireless Telecommunications Bureau 


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