[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41549-41562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17442]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2, 15, 74, 87, and 90

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


Promoting Spectrum Access for Wireless Microphone Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission addresses several petitions 
for reconsideration regarding recent decisions regarding wireless 
microphones. Specifically, the Commission makes technical revisions to 
the spurious emission limits that it had adopted for licensed wireless

[[Page 41550]]

microphone operations in several frequency bands, and for unlicensed 
wireless microphone operations in the TV bands and in the 600 MHz guard 
band and duplex gap. The Commission also clarifies output power 
measurements and how certain antenna-related part 15 rules apply with 
respect to unlicensed wireless microphones, and revises and clarifies 
requirements for existing and legacy unlicensed wireless microphones 
during and after the post-incentive auction transition period. This 
action promotes the Commission's goal of accommodating wireless 
microphone users' needs through access to spectrum resources following 
the incentive auction and reconfiguration of the TV bands.

DATES: Effective October 2, 2017, except for amendments to Sec. Sec.  
74.803(c) and (d), which contain new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, that are not effective until approved by the Office 
of Management and Budget (OMB). The Commission will publish a document 
in the Federal Register announcing the effective date once OMB 
approves.
    The incorporation by reference of certain material listed in the 
rule was approved by the Director of the Federal Register as of 
December 17, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Murray, Office of Engineering and 
Technology, 202-418-0688, <a href="/cdn-cgi/l/email-protection#4919283c2567043c3b3b2830092f2a2a672e263f"><span class="__cf_email__" data-cfemail="7d2d1c08115330080f0f1c043d1b1e1e531a120b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, GN Docket No. 14-166, ET Docket No. 14-165, GN 
Docket No. 12-268, FCC 17-95, adopted July 13, 2017, and released July 
14, 2017. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room CY-A257), 445 12th Street SW., Washington, DC 20554. The full 
text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-95A1.pdf. People with 
Disabilities: To request materials in accessible formats for people 
with disabilities (Braille, large print, electronic files, audio 
format), send an email to <a href="/cdn-cgi/l/email-protection#deb8bdbdebeeea9eb8bdbdf0b9b1a8"><span class="__cf_email__" data-cfemail="11777272242125517772723f767e67">[email protected]</span></a> or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Synopsis

    1. Overview. In the Order on Reconsideration, the Commission 
addresses four petitions for reconsideration of the Wireless 
Microphones R&O, 80 FR 71702, November 17, 2015, concerning licensed 
wireless microphone operations in the TV bands, the 600 MHz ``duplex 
gap,'' and several other frequency bands; as well as three petitions 
for reconsideration of the TV Bands Part 15 R&O, 80 FR 73043, November 
23, 2015, concerning unlicensed wireless microphone operations in the 
TV bands, the 600 MHz guard bands and duplex gap, and the 600 MHz 
service band. These petitions involved several overlapping technical 
and operational issues concerning wireless microphones, the Commission 
consolidated them in this one order.
    2. Specifically, the Order on Reconsideration makes technical 
revisions to the spurious emission limits that the Commission had 
previously adopted for licensed wireless microphone operations in 
several frequency bands, and for unlicensed wireless microphone 
operations in the TV bands, 600 MHz guard band, and duplex gap. With 
respect to licensed and unlicensed wireless microphone operations in 
the TV bands, the 600 MHz guard band and duplex gap, and the 600 MHz 
service band (during the post-auction transition period), the Order on 
Reconsideration clarified the applicable output power measurements; 
clarified how certain antenna-related part 15 rules apply with respect 
to unlicensed wireless microphones; and revises and clarified the 
requirements for existing and legacy unlicensed wireless microphones 
during and after the post-auction transition period. In addition, with 
respect to licensed wireless microphone operations in other frequency 
bands, the Order on Reconsideration adopted revisions to the 
channelization plan for licensed wireless microphone operations in the 
169-172 MHz band, generally affirms but provides clarifications 
regarding the 30-megahertz limit placed on licensed wireless microphone 
users' access to spectrum in the 1435-1525 MHz band, and clarified 
coordination requirements and operational limitations for licensed 
wireless microphone operations in the 941.5-944 MHz band.
    3. The Order on Reconsideration also terminated three proceedings 
(WT Docket Nos. 06-166 and 08-167; ET Docket No. 10-24), begun in 2008 
and 2010, that concerned various wireless microphone issues. All of the 
issues that remained in those proceedings have been subsumed in the 
proceedings addressed in the instant Order on Reconsideration.
    4. First, the Commission addressed issues concerning the spurious 
emission limit that applies with respect both to licensed wireless 
microphones that operate pursuant to the Commission's part 74 LPAS 
rules in the TV bands and the 600 MHz duplex gap, as well as in several 
other frequency bands (i.e., the 941.5-944 MHz band, 944-952 MHz band, 
portions of the 952-960 MHz band, the 1435-1525 MHz band, and portions 
of the 6875-7125 MHz band) and to unlicensed wireless microphone 
operations in the TV bands and the 600 MHz guard band and duplex gap. 
The Commission then discussed issues that pertain to rules adopted for 
licensed and unlicensed wireless microphone operations in the TV bands 
and the 600 MHz guard band and duplex gap. Specifically, these include: 
(1) The output power measurement for licensed wireless microphone 
operations in the VHF TV band, and for unlicensed wireless microphone 
operations throughout the TV bands (both VHF and UHF); (2) the output 
power levels for wireless microphone operations in the 600 MHz guard 
bands and duplex gap; (3) the applicability of part 15 antenna 
connector rules for unlicensed wireless microphone operations; (4) the 
operation of existing or legacy unlicensed wireless microphone 
equipment after the end of the post-auction transition period; and (5) 
whether certain wireless microphone users that operate on an unlicensed 
basis can reserve TV channels in the white spaces database to protect 
their operations from interference. The Commission followed with a 
discussion of rules concerning licensed wireless microphone operations, 
respectively, in the 169-172 MHz band and in the 1435-1525 MHz band. In 
addition to addressing the petitions for reconsideration, the 
Commission clarified the coordination procedures and operational 
limitations for licensed wireless microphone operations in the 941.5-
944 MHz band. Finally, the Commission updated various rule parts in 
part 15 and part 74 concerning wireless microphones to reflect the 600 
MHz Band Plan, as well as the specific calendar dates for compliance 
with various requirements, that became effective with the closing of 
the incentive auction on April 13, 2017.
    5. Spurious Emission Limits. To promote more efficient use of 
available spectrum by wireless microphones, the Commission adopted new 
emission mask rules in 2015 for licensed and unlicensed wireless 
microphones that operate in certain frequency bands. On 
reconsideration, the Commission replaced the spurious emission limits 
that were adopted with the ETSI spurious emission limits for licensed

[[Page 41551]]

and unlicensed wireless microphones. Specifically, the Commission will 
require emissions more than one megahertz above and below a wireless 
microphone carrier frequency (i.e., outside the defined ETSI mask) to 
comply with the limits in section 8.4 of ETSI EN 300 422-1. The limit 
in the majority of the TV bands, including the 600 MHz band, is four 
nanowatts (-54 dBm) effective radiated power (ERP), the limit at all 
other frequencies below 1,000 MHz is 250 nanowatts (-36 dBm) ERP, and 
the limit at frequencies above 1,000 MHz is 1 microwatt (-30 dBm). In 
revising our rule to reflect the ETSI spurious emission limits, the 
Commission also harmonized with the standards that apply to this 
industry in other countries.
    6. Output Power Measurement for Licensed Wireless Microphone 
Operations in the VHF TV Band. In the Wireless Microphones R&O, the 
Commission sought to provide more opportunities for licensed wireless 
microphone operations in the VHF TV band. The Commission reasoned that 
revising the applicable power limits to 50 mW EIRP would be an 
effective way to allow wireless microphone manufacturers to adjust the 
conducted power output of wireless microphones to compensate for low 
antenna efficiency in the VHF band, and would enable greater use of 
this portion of the TV bands by reducing the need for a relatively 
large antenna, which could impede making productive use of this 
spectrum. It also noted that specified the applicable power limit in 
terms of EIRP for licensed wireless microphone operations in the VHF 
band would provide uniformity in the VHF band for both licensed 
wireless microphone operations under part 74 and unlicensed wireless 
microphone operations under part 15, as the TV Bands Part 15 R&O also 
specified the power limit in terms of EIRP.
    7. The Commission clarified that manufacturers may show compliance 
with the 50 mW EIRP limit for licensed wireless microphones operating 
in the VHF band by making either radiated or conducted measurements. 
The Commission did not intend to unnecessarily restrict use of this 
band for certain types of wireless microphone applications. Permitting 
different options for measuring output power raises no interference 
concerns, because either method can be used to determine the EIRP of a 
wireless microphone. Finally, because the Commission also clarified 
that for unlicensed wireless microphone operations in the TV bands (VHF 
and UHF) output power can be measured in either a conducted or radiated 
test configuration for comparison to the 50 mW power limit, as 
discussed immediately below, our output power requirements for wireless 
microphone operations in the VHF band, whether for licensed or 
unlicensed operations, will be uniformed.
    8. Output Power Measurements for Unlicensed Wireless Microphone 
Operations in the VHF and UHF TV Bands. In the TV Bands Part 15 R&O, 
the Commission adopted rules to permit unlicensed wireless microphone 
operations with a power level of up to 50 mW EIRP in the TV bands, both 
the VHF and UHF bands. On reconsideration, the Commission addressed 
clarified that wireless microphone manufacturers may show compliance 
with the 50 mW power limit for unlicensed wireless microphones 
operating in the VHF or UHF band by making either conducted or radiated 
measurements. The Commission agreed with petitioners that permitting 
wireless microphone manufacturers the flexibility to determine 
compliance with the limit through either conducted or radiated emission 
measurements would best serve our goal of promoting opportunities for 
different types of unlicensed wireless microphone applications.
    9. The Commission recognized that there is a difference in how the 
power limits are specified in the rules for licensed and unlicensed 
wireless microphones in the UHF TV band (conducted power vs. EIRP), but 
find that the flexibility that the Commission allowed to make either 
conducted or radiated measurements to meet the respective limits will 
allow wireless microphone manufacturers to use the same test 
methodology to demonstrate the compliance of both licensed and 
unlicensed wireless microphones. Either measurement approach can 
reliably establish compliance with the EIRP limits for wireless 
microphones.
    10. Finally, while the Commission had not specifically required the 
use of the ETSI EN 300-422-1 output power measurement procedures, the 
Commission recognized that this standard allowed the option of either 
conducted or radiated power measurements for wireless microphones. 
Thus, the flexibility that the Commission allowed a wireless microphone 
manufacturer in choosing the method of power measurements is consistent 
with the method employed in other countries in the global marketplace. 
This flexibility also is consistent with the American National 
Standards Institute (ANSI) C63.10-2013 measurement procedure that the 
Commission uses for testing part 15 intentional radiators, as well as 
Office of Engineering and Technology published guidance for 
measurements relating to EIRP limits.
    11. Output Power Levels for Wireless Microphone Operations in the 
600 MHz Guard Bands and Duplex Gap. In the TV Bands Part 15 R&O, the 
Commission provided for unlicensed wireless microphone operations in 
the 600 MHz guard bands and in one portion of the duplex gap under 
specified technical rules, and provided for licensed wireless 
microphone operations under the same technical rules in another portion 
of the duplex gap. In these bands, it limited all wireless microphone 
operations to an output power level of 20 mW EIRP.
    12. The Commission denied requests to increase the 20 mW EIRP power 
level of wireless microphones that will operate in the 600 MHz guard 
band and duplex gap. The Commission chose this power level to avoid 
interference to licensed wireless services in the adjacent bands based 
on a detailed technical analysis described in the TV Bands Part 15 R&O.
    13. The Commission noted that operating in the 600 MHz guard band 
and duplex gap is only one of several options for wireless microphone 
users. Users that may need more power for their various applications 
can use available spectrum in the TV bands where a maximum of 50 mW and 
250 mW are permitted on an unlicensed and licensed basis, respectively. 
The Commission will allow manufacturers of licensed and unlicensed 
wireless microphones that operate in the 600 MHz guard band and duplex 
gap the option to demonstrate compliance with the 20 mW EIRP power 
limit through either conducted power or radiated measurements.
    14. Unlicensed Wireless Microphones and Part 15 Antenna Connector 
Rules. In the TV Bands Part 15 R&O, the Commission codified the rules 
for unlicensed wireless microphone operations in the TV bands under 
Sec.  15.236 of the Commission's rules, and provided for a transition 
period after which these unlicensed users may only use part 15-
certified wireless microphones. Upon consideration of petitions for 
reconsideration, the Commission exempted unlicensed wireless 
microphones operating under Sec.  15.236 from the antenna connector 
restrictions set forth in Sec.  15.203. Requiring unique antenna 
connectors for wireless microphones certified under part 15 is 
impractical because they have different application requirements when 
compared with

[[Page 41552]]

other consumer products authorized under part 15. Such applications, 
which require the use of detachable antennas and may be critical for 
operating wireless microphones, could be inhibited if each make or 
model of wireless microphone used different connectors. The Commission 
believed that exempting part 15 wireless microphones from the 
requirements of Sec.  15.203 is not likely to result in harmful 
interference since wireless microphones with standard antenna 
connectors have been approved for use for many years under part 74 of 
the rules, and the Commission has permitted unlicensed use of such 
equipment since 2010 with no demonstrated cases of abuse (e.g., adding 
high-gain antennas or external amplifiers) resulting in harmful 
interference to other services.
    15. Because the licensed and unlicensed wireless microphones that 
operate in the TV bands generally are the same devices (though higher 
power is permitted in the UHF band for licensed wireless microphones), 
the Commission expects that many unlicensed wireless microphones will 
also be certified under part 74, which does not require permanently 
attached antennas or unique antenna connectors. Also, many of the same 
types of entities that operate wireless microphones on a licensed basis 
under part 74 (e.g., theater groups, musical productions) will operate 
wireless microphones on an unlicensed basis under part 15, either 
because they do not meet the threshold for part 74 licensing 
eligibility, or because certain frequency bands (the 600 MHz guard band 
and a portion of the duplex gap) are available only for unlicensed use. 
For the reasons stated above, the Commission found that it should 
exempt unlicensed wireless microphones from the requirement in Sec.  
15.203 that the device must incorporate a permanently attached antenna 
or a unique antenna connector. By doing so, the Commission has 
harmonized the part 15 and 74 rules in this respect, which will foster 
efficiency in the design and manufacture of wireless microphones.
    16. The Commission had not exempted unlicensed wireless microphones 
from the requirements of Sec.  15.204 because these requirements are 
necessary to ensure that manufacturers provide information about the 
types of antennas and cables that may be used with a device to ensure 
compliance with the EIRP limits applicable to unlicensed wireless 
microphones (as discussed above). The Commission found that the current 
equipment authorization rules and procedures, described in more detail 
below, are not overly burdensome and provide sufficient flexibility to 
address Shure's concerns with respect to the certification of in-ear 
monitors.
    17. As a general matter, applicants for certification must test 
equipment for compliance in the worst-case configuration as determined 
by the manufacturer, e.g., using the highest gain of each antenna type 
as required by Sec.  15.204(c) and, where use of a cable is involved, 
the lowest loss cable associated with each antenna type, to ensure that 
the system is operated at radiated power output levels in compliance 
with the rules. Operators of certified equipment must use an antenna 
with the same or lower gain, and a cable with the same or higher loss, 
than was approved with the system. The Commission does not believe that 
this approach is burdensome for equipment manufacturers or users since 
it does not require testing of every possible antenna and cable 
combination, and it gives users the ability to use different antennas 
or cable lengths within the limits of what the equipment certification 
allows.
    18. The Commission recognized that, in practice, the length of the 
cables used for particular scenarios can differ. For instance, in cases 
where a cable that is significantly longer than the one with which the 
equipment was certified must be used, the higher cable loss could 
reduce the EIRP significantly below the maximum permitted by the rules. 
To the extent that part 15 certified equipment will be professionally 
installed, existing procedures allow the installer to configure the 
equipment in accordance with the manufacturer's instructions to ensure 
that the equipment will comply with the part 15 rules in the 
configuration in which it will be used. The professional installer can 
thus compensate for factors such as higher cable loss to ensure that 
the equipment operates at up to, but no greater than, the power levels 
permitted by the rules. While an applicant for certification of 
equipment that will be professionally installed must submit certain 
additional information (e.g., a justification for professional 
installation and a description of instructions to installers), the 
Commission does not believe these requirements are overly burdensome on 
applicants.
    19. Operation of Existing or Legacy Wireless Microphone Equipment 
after End of Post-Auction Transition Period. The Commission clarified 
the applicable rules for unlicensed wireless microphone users with 
regard to continued operation of part 74-certified equipment during the 
post-auction transition period and after the end of this period. The 
Commission also discussed procedures by which existing/legacy equipment 
that has been certified under part 74, such as that which has been 
designed to operate in portions of the 600 MHz service band, can be 
modified in the field by the manufacturers for use under the new part 
15 rules, and the conditions under which unlicensed wireless microphone 
users may continue to use any existing/legacy part 74-certified 
equipment.
    20. First, the Commission clarified that unlicensed wireless 
microphone users can continue to operate equipment that had been 
certified under part 74, including equipment that can operate in 
portions of what becomes the 600 MHz service band following the 
auction, until the end of the 39-month post auction transition 
(provided other conditions for operation are met). After this 
transition period, however, unlicensed wireless microphone users are 
only authorized to operate wireless microphone equipment that has been 
certified under our part 15 rules, either as new equipment or as 
existing/legacy part 74-certified equipment that now complies with the 
part 15 rules (and thus would not be capable of operating in the 600 
MHz service band, and instead would be designed to comply with the 
applicable technical rules, including authorized output power levels, 
for unlicensed operations in the TV bands or in the 600 MHz guard band 
and duplex gap). The Commission concluded that this approach will 
achieve an orderly transition following the auction that balances the 
needs of current unlicensed wireless microphone users, who otherwise 
could incur unduly burdensome costs in discarding equipment that can 
effectively be modified to comply with the applicable part 15 
requirements, and the needs of the future 600 MHz service band 
licensees that will be providing wireless service in the coming years. 
The Commission noted that, during the 39-month post-auction transition 
period, unlicensed wireless microphone users must check the white 
spaces databases, prior to operating in the 600 MHz service band, to 
identify the channels available for use at their particular locations, 
which is a requirement designed to protect any 600 MHz service licensee 
that commences operations or conducts first field application (FFA) 
testing during this period.
    21. The Commission also revised our requirements concerning the use 
by unlicensed wireless microphone users of existing/legacy equipment 
that was originally certified under part 74 and designed to operate on 
frequencies that include frequencies in the 600 MHz

[[Page 41553]]

service band. Specifically, to the extent that such equipment can be, 
and is, effectively modified (e.g., through software changes) and 
certified as compliant with the new part 15 rules, the Commission will 
permit unlicensed wireless microphone users to continue to use the 
modified equipment, which will only operate on frequencies permitted 
for their use, after the end of the post-auction transition period. 
Accordingly, the Commission allowed manufacturers to modify this 
existing part 74-certified wireless microphone equipment so that the 
equipment is no longer capable of operating in the 600 MHz service band 
and can be certified under the part 15 rules (for operation in the TV 
bands and the 600 MHz guard band and duplex gap under prescribed rules, 
including compliance with the applicable output power limits and ETSI 
emission mask). If, for instance, these modifications can be 
accomplished through software changes to devices that remain in the 
field (e.g., through downloaded software changes), then the Commission 
will permit manufacturers to obtain approval through the permissive 
change process, and indicate under the existing FCC ID number for that 
device that, with the modification, the device would be part 15 
compliant. Similarly, for any existing/legacy part 74-certified 
equipment that originally was designed to operate only in parts of the 
current TV bands that remain available for unlicensed wireless 
microphone operations but would not otherwise be compliant with the new 
part 15 rules, the Commission allowed wireless microphone manufacturers 
to modify such equipment to make necessary changes (e.g., modifications 
to comply with the specified lower output power limits in the guard 
bands and duplex gap) so that it can comply with the part 15 rules for 
such use. To the extent that no equipment modification or hardware 
changes are necessary (e.g., the existing/legacy equipment operates 
only on reconfigured TV band spectrum) and the equipment meets the 
other technical requirements for part 15 operations (e.g., maximum 
output power levels and ETSI emission mask), then the manufacturer can 
file the necessary application for permissive change to establish this, 
and the record associated with the FCC ID number for this previously 
certified part 74 device can be updated to reflect that the device is 
compliant with the part 15 rules. After the end of the post-auction 
transition period unlicensed wireless microphone users will be 
permitted to operate existing/legacy wireless microphone equipment 
provided that the necessary steps have been taken so that it has been 
certified as compliant with the applicable part 15 rules.
    22. If, however, the existing equipment that operates in the 600 
MHz service band cannot be modified to comply with the part 15 rules, 
the unlicensed wireless microphone users will continue to be prohibited 
from operating that device after the end of the 39-month post-auction 
transition period. This requirement is consistent with our general part 
15 requirement that unlicensed equipment must be constructed such that 
controls readily accessible to the user cannot cause the equipment to 
operate in violation of the technical rules. The Commission found that, 
after the end of the post-auction transition period, requiring 
unlicensed wireless microphone users to operate equipment that has been 
certified as compliant with the part 15 rules (e.g., equipment that 
necessitated modification with respect to elimination of operations in 
the 600 MHz service band, or equipment that meets the output power 
limits of 20 mW EIRP if operating in the guard band or unlicensed 
portion of the duplex gap) is an appropriate and balanced approach that 
achieves our goal of ensuring that unlicensed wireless microphone 
operations in the future will not cause harmful interference to new 600 
MHz wireless services or to broadcast licensees operating in the TV 
bands.
    23. Wireless microphone manufacturers will have a critical role to 
play with respect to ensuring that unlicensed users can determine 
whether they can continue to use existing/legacy devices after the end 
of the post-auction transition period. Wireless microphone 
manufacturers have the requisite knowledge about their respective 
companies' wireless microphone devices. To meet their obligations, 
unlicensed users seeking to operate existing/legacy equipment will need 
to know whether their particular devices can be, and ultimately are, 
certified as part 15 compliant. Accordingly, the Commission expects 
that all wireless microphone manufacturers make the necessary 
information available about their existing/legacy models so that users 
can determine what is required of them in order to meet their 
respective obligations. This information should include information on 
their companies' particular devices, including (1) which devices will 
need to be modified, through hardware and/or software changes, to 
comply with part 15 requirements in order to be certified as part 15-
compliant, and the process by which the manufacturers and the 
unlicensed users will achieve this; (2) which devices will not need to 
be modified to comply, but will be certified as compliant with the part 
15 rules during the transition period; and (3) which devices will not 
comply, and cannot be certified as compliant with part 15 requirements 
(and accordingly cannot be used after the end of the post-auction 
transition period). Providing this information can be achieved in 
different ways, such as posting the necessary information on Web sites, 
ensuring that customer helplines can help inform users, or contacting 
known customers directly, depending on the situation.
    24. Unlicensed wireless microphone users with existing/legacy part 
74-certified equipment also must do their part by examining their 
various devices and taking any necessary actions to ensure that, after 
the end of the post-auction transition, they only operate such 
microphones that comply with part 15 requirements. They should be in 
contact with the manufacturer(s) of their wireless microphones to 
obtain information on their particular devices, the extent to which 
they can be made to comply with the part 15 requirements, and the steps 
they should take to modify any devices to bring them into compliance. 
Unlicensed wireless microphone users must ensure that any existing/
legacy device that they plan to use complies with the part 15 
requirements and has been so certified (either because it has been 
modified, where necessary, or otherwise has been certified as compliant 
with the part 15 requirements with respect to the particular 
frequencies on which it operates), and that they cease operating any 
other wireless microphone devices that do not comply with the part 15 
requirements. The Commission noted that, as wireless microphone 
manufacturers develop new devices that comply with the part 15 rules 
for operations in the TV bands, the 600 MHz guard band, and the duplex 
gap, unlicensed wireless microphone users who need to replace 
particular existing/legacy wireless microphones will be able to obtain 
new part 15-compliant microphones before the end of the 39-month post-
auction transition period to access the spectrum available for such 
operations.
    25. Finally, the Commission reminded manufacturers, and entities 
that sell, lease, or offer for sale or lease wireless microphones, that 
marketing of any unlicensed or licensed wireless microphones that do 
not comply with the part 15 or revised part 74 rules (respectively) 
must cease no later than 18 months after release of the Channel 
Reassignment PN (i.e., October 13,

[[Page 41554]]

2018). Thus, to the extent that existing/legacy wireless microphones 
that were originally designed to operate on any frequencies that will 
no longer be available for use (e.g., devices that are capable of 
operating on portions of the 600 MHz service band) as a result of the 
incentive auction, such devices cannot be sold or leased unless the 
device subsequently has been modified to comply with the new part 15 
and/or the revised part 74 requirements for wireless microphone 
operations. The Commission directed the Consumer and Governmental 
Affairs Bureau (CGB), working with the Office of Engineering and 
Technology (OET) and the Wireless Telecommunications Bureau (WTB), to 
include discussion of these issues associated with the use of existing 
and legacy wireless microphones as part of its overall consumer 
outreach efforts pertaining to the transition of unlicensed and 
licensed wireless microphone operations that will follow the incentive 
auction and reconfiguration of the existing TV bands.
    26. Registration of Certain Unlicensed Wireless Microphone Users in 
the White Spaces Database. Under our rules, licensed wireless 
microphone users operating in the TV bands (and the 600 MHz service 
band during the post-auction transition period) are permitted to 
register their operations on available channels at specified locations 
and times, in the white spaces databases in order to protect their 
operations from potential interference from unlicensed white space 
devices. In codifying rules for unlicensed wireless microphone 
operations underpart 15 in the TV Bands Part 15 R&O, the Commission 
eliminated the rule adopted in 2010 that had permitted certain 
qualifying unlicensed wireless microphone users also to register their 
operations for such protection. It determined that their unlicensed 
operations should be subject to the same general conditions as apply to 
unlicensed white space devices (i.e., they may not cause interference 
to authorized services and must accept any interference from other 
unlicensed devices) as it sought to balance the interests between the 
licensed and unlicensed entities' access to the spectrum in the 
reconfigured TV bands.
    27. While the Commission agreed that professional theater, music, 
and performing arts organizations that operate unlicensed wireless 
microphones to deliver high quality sound for their audiences serve 
important needs, the Commission nonetheless declined here to grant 
Shure's petition insofar as it requests that the Commission to revise 
the new part 15 rules to permit unlicensed wireless microphone users to 
register their unlicensed operations for protection from other 
unlicensed operations in the TV bands. The Commission concluded that 
allowing these unlicensed users to obtain interference protection would 
be inconsistent with their unlicensed status. The Commission instead 
sought to address the concerns raised in the petition through Further 
Notice.
    28. In the several actions that the Commission has taken related to 
the incentive auction and the reconfiguration of the TV bands, it has 
sought to balance different users' needs for access to spectrum. In the 
Commission's considerations regarding wireless microphones, it has 
recognized that following the incentive auction there will be fewer 
channels in the TV bands available for both wireless microphone and 
white space device operations. In expanding the eligibility for part 74 
wireless microphone licenses in 2014 to include professional sound 
companies and owners and operators of large venues that routinely use 
50 or more wireless microphones in major events or productions, the 
Commission sought to address the needs of many unlicensed wireless 
microphone users that have similar needs to the other part 74 wireless 
microphone licensees to provide high quality audio services for large 
scale performances and events. And, in codifying the rules for 
unlicensed wireless microphone operations under part 15 in the TV Bands 
Part 15 R&O in 2015, the Commission concluded it best, from a 
regulatory policy standpoint, to place all unlicensed users--whether 
wireless microphone or white space device users--under the same general 
unlicensed status vis-a-vis both unlicensed and licensed operations 
(i.e., unlicensed users may not cause harmful interference to 
authorized services and must accept any interference from other 
unlicensed devices). The Commission continued to view this as the best 
approach for unlicensed wireless microphone users that operate under 
the part 15 rules for unlicensed operations.
    29. Although The Commission had denied the petition insofar as 
Shure requests that the Commission permit wireless microphone users 
that operate on an unlicensed basis to register for interference 
protection, the Commission understands that some entities that 
currently operate wireless microphones on an unlicensed basis may have 
needs identical or similar to the professional sound company/large 
venues that qualify for part 74 wireless microphone licenses for 
operation in the TV band spectrum. As the Commission concluded when 
expanding the part 74 license eligibility in 2014 for operation in the 
TV band, the routine use of 50 microphones is a ``reasonable 
threshold'' for identifying those entities that are more likely to 
require interference protection in order to ensure high-quality audio 
services for their productions. No party sought reconsideration of this 
particular threshold established in that proceeding, and the Commission 
cannot revisit that threshold absent additional notice. The Commission 
did, however, believe that some number of entities with identical or 
similar needs may be able to demonstrate to the Commission, on a case-
by-case basis, that they may merit obtaining a part 74 license for 
operations on vacant TV channels at particular venues at specified 
times, such that they should be permitted to register available TV 
channels for that purpose. These entities may use fewer wireless 
microphones but otherwise have the same needs as licensees that operate 
on TV channels, or the wireless microphones may be needed for major 
events or productions at a location with very limited spectrum 
availability. Accordingly, the Commission has adopted a Further Notice 
in these proceedings in which the Commission proposed a path that will 
enable such qualifying entities to obtain a license under our part 74 
LPAS rules. Considering that the phased broadcast station transitioning 
to the repacked TV bands begins next year, the Commission intends to 
act quickly to issue an order addressing the proposal set forth in the 
Further Notice.
    30. Licensed Wireless Microphone Operations in the 169-172 MHz 
Band. In the Wireless Microphones R&O, the Commission sought to promote 
more expansive use of spectrum in the 169-172 MHz band for licensed 
wireless microphone operations, which are authorized on a secondary 
basis, and to do so in a manner that does not interfere with the 
primary Federal operations or other secondary non-Federal services 
operating in the band. The Commission agrees with Sennheiser and other 
wireless microphone manufacturers that the Commission should take steps 
to increase the usefulness of the 169-172 MHz band for wireless 
microphones by permitting wireless microphone operations under a 
different channel plan, one that eliminates intermodulation effects and 
thereby enables full use of the 54- and 200-kilohertz (narrowband and 
broadband) channels throughout the band.
    In revising the Commission's rules, the Commission promoted the 
goals set

[[Page 41555]]

forth in the Wireless Microphones R&O to find additional ways to 
accommodate wireless microphone operations while protecting other 
licensed operations in the 169-172 MHz band, such as operations on 
forest fighting channels. In particular, the Commission revised the 
center frequencies associated with two of the 200-kilohertz channels, 
shifting the authorization to operate on channels centered at 169.475 
MHz and 170.275 MHz to 169.575 MHz and 170.025 MHz, and the Commission 
permit 54-kilohertz operations on four new channels that would 
correspond with these 200-kilohertz channels, specifically authorizing 
such wireless microphone operations on frequencies centered at 169.545 
MHz, 169.605 MHz, 169.995 MHz, and 170.055 MHz. The Commission did not, 
however, revise its rules to eliminate the current authorizations to 
operate 54-kilohertz wireless microphones on the channels centered at 
169.445 MHz, 169.505 MHz, 170.245 MHz, and 170.305 MHz. These channels 
will remain available for licensees that do not choose to obtain 
wireless microphones designed to operate on the newly-available 
channels. The approach the Commission has taken serves to provide 
additional opportunities for wireless microphone licensees that 
purchase new equipment that can make full and efficient use of the 
band, whether for professional-quality 200-kilohertz microphones or for 
54-kilohertz wireless microphones, while at the same time continues to 
allow other licensees to operate 54-kilohertz wireless microphones on 
any of the current 54-kilohertz channels. The Commission noted that 
certain of the 54-kilohertz channels under our existing rules may 
overlap with one of the revised 200-kilohertz channels, and that 
operations on some of the existing 54-kilohertz channels potentially 
could continue to create intermodulation effects that could limit the 
full use of the 169-172 MHz band for wireless microphone operations. 
Under existing requirements, all wireless microphone applicants and 
licensees must cooperate in the selection and use of frequencies in 
order to reduce interference and make the most effective use of the 
authorized facilities. And, considering that wireless microphone users 
will be operating devices that operate at low power and transmit only 
short distances, and that the other operations in the band are not 
likely in the same areas, we do not anticipate that interference issues 
are likely to arise as a practical matter. In any event, the Commission 
expects that different licensees that potentially could suffer or cause 
interference to one another to cooperate and resolve any potential 
problem by mutually satisfactory arrangements.
    31. Licensed Wireless Microphone Operations in the 1435-1525 MHz 
Band. In the Wireless Microphones R&O, the Commission authorized 
limited use of the 1435-1525 MHz band for licensed wireless microphone 
operations on a secondary basis in the band, provided that certain 
conditions and safeguards designed to protect the primary Aeronautical 
Mobile Telemetry (AMT) services in the band are met. It observed that 
the Commission's experience through the Special Temporary Authority 
(STA) process demonstrates that, under proper conditions, wireless 
microphones will be able to operate in this band without interfering 
with AMT operations. The Commission limited eligibility to professional 
users licensed under our part 74 LPAS rules, and emphasized that it was 
not opening up this band either for widespread use or for itinerant 
uses throughout the nation. It restricted use to specific fixed 
locations, such as large venues where there is a need to deploy large 
numbers of microphones (typically 100 or more) for specified time 
periods and indicated that access to the band is intended for 
situations in which the other available spectrum resources are 
insufficient.
    32. On reconsideration, the Commission affirmed the decision 
establishing a 30 megahertz limit on the amount of spectrum available 
for wireless microphone operations in the 1435-1525 MHz band at a 
particular location. The Commission did, however, provide 
clarifications regarding how this limitation applies with respect to 
different wireless microphone users and to particular areas of 
operations, which should help accommodate more wireless microphone 
users that operate in the same general area and have a need for access 
to spectrum in this band. In those few extraordinary instances in which 
a particular licensed wireless microphone user can demonstrate that 
access to more than 30 megahertz of this band for a specified event is 
merited, the STA process remains available for addressing those needs.
    33. In the Wireless Microphones R&O, the Commission stated that 
``all wireless microphones operating in a particular area'' would be 
limited to access to no more than 30 megahertz in the 1435-1525 MHz 
band. In affirming the decision to place a limit on the amount of 
spectrum available for wireless microphone use in a particular area, we 
clarify that this 30-megahertz limit will be applied to each licensed 
wireless microphone user seeking access to spectrum in the 1435-1525 
MHz band for its own wireless microphone operations at a particular 
location or venue. The Commission concluded that the 30 megahertz 
limitation as clarified is reasonable and consistent with the 
Commission's goals associated with operations in this band. The 
Commission disagreed with petitioners who argue there was insufficient 
notice or basis in the record for adopting a 30-megahertz limitation in 
the first place. In the Wireless Microphones NPRM, the Commission 
proposed only limited use of the 1435-1525 MHz band for wireless 
microphone use, stated that it was not proposing to open the band to 
widespread use, and noted its overarching goal of promoting efficient 
use of spectrum when accommodating wireless microphone operations. In 
response to the notice, and as discussed in the Wireless Microphones 
R&O, some commenting parties expressed concerns that accommodation of 
wireless microphones in the band not limit other secondary uses of the 
band (i.e., video services that access the band through the STA 
process), or objected to the Commission making the entire 90 megahertz 
available for wireless microphone use. While the Commission did not 
specifically propose a 30-megahertz limit, the Commission made clear 
that in addition to its proposal regarding potential limits (e.g., 
restricting operations to specific, fixed locations at specific times) 
it would consider ``alternative proposals'' on ``any other regulatory 
or technical issues relevant to consideration'' of whether to authorize 
wireless microphone operations in the 1435-1525 MHz band. As evidenced 
by commenter objections to making the entire 90 megahertz in the band 
available for wireless microphone use, this guidance was sufficient to 
apprise interested parties that the Commission might consider 
additional limitations for wireless microphone operations (like the 30-
megahertz limitation) on the amount of spectrum that a licensee could 
access under a given license. As such, the Commission's decision to 
adopt the 30-megahertz limitation was, at a minimum, a logical 
outgrowth of the proposals made in the Wireless Microphones NPRM, and 
thus complied with notice requirements.
    34. Moreover, the record contains ample basis to support the 
balance that the Commission sought to achieve when establishing the 30-
megahertz limitation for operations in this band--i.e., accommodating 
wireless microphone

[[Page 41556]]

operations through access to spectrum in this band along with other 
bands, while also promoting efficient spectrum use. By limiting a 
particular operator to access to no more than 30 megahertz of the 
spectrum in this band, we also promote our goals concerning efficient 
use of the spectrum in this band, and we help ensure that other 
licensed wireless microphone users can access portions of this spectrum 
for their needs as well. While there may be extraordinary situations or 
special events in which access to 30 megahertz in this band may be 
insufficient, for which the STA process remains available (as discussed 
below), we are not persuaded by petitioners that we should remove the 
general limitation and instead provide a particular user with general 
access to all 90 megahertz of spectrum in the band. In sum, we conclude 
that a 30-megahertz limitation is balanced and reasonable, particularly 
with the clarification that follows regarding implementation of this 
limitation.
    35. The Commission also clarified how this general limitation will 
apply to different licensed wireless microphone users that may operate 
in the same general area or location. The Commission recognized, as 
noted by the petitioner and commenters above, that in some areas of the 
country the spectrum available for licensed wireless microphone 
operations may be quite constrained (e.g., the theater district in New 
York City, or the Las Vegas strip). The Commission also recognized that 
different users in that same general area or location may be seeking to 
access portions of the same general spectrum resource for their 
respective wireless microphone operations at a particular venue. While 
the Commission is limiting each wireless microphone user's operations 
in a particular area or venue to access to no more than 30 megahertz in 
the band (i.e., one-third of the spectrum in the band), as discussed 
above, the Commission clarified that different users in the same 
general area can each access up to 30 megahertz of the spectrum in the 
band for their respective wireless microphone operations.
    36. As discussed above, there may be extraordinary situations for 
which a licensed wireless microphone user may need access to more than 
30 megahertz of spectrum in the band for a specific event at a 
particular location or area. For any such extraordinary event, the STA 
process remains available to meet these needs. In keeping with existing 
requirements for obtaining an STA, the wireless microphone licensee 
would need to demonstrate that all of the spectrum resources available 
to it for that event are insufficient to meet its needs. The Commission 
rejected Shure's request that we eliminate use of STAs in this band for 
either wireless microphone or video production operations. The 
Commission recognized that, for particular events, both professional 
wireless microphone users and professional video production services 
may seek access to spectrum in the 1435-1525 MHz band through STAs in 
the same general location or area. To the extent that these different 
entities may seek access to the 1435-1525 MHz band at the same location 
and time for scheduled events, the Commission expected these users to 
coordinate their audio and video operations.
    37. Licensed Wireless Microphone Operations in the 941.5-944 MHz 
Band. In the Wireless Microphones R&O, the Commission revised its rules 
to provide new opportunities for licensed wireless microphone 
operations in the bands adjacent to the 944-952 MHz band, which has 
long been available for wireless microphone operations under the 
Commission's part 74 LPAS rules. Given the need to coordinate the 
wireless microphone operations with the various incumbent primary 
Federal fixed services that may operate at different frequencies and 
locations throughout the 941.5-944 MHz band, we provide the following 
guidance. After coordination of proposed wireless microphone operations 
with incumbent non-Federal users through the local SBE coordinator, the 
applicant will file its application for an LPAS license with the 
Commission. In addition to the basic technical information (such as the 
particular frequencies and maximum power levels that the applicant 
proposes to use), the applicant is required to provide a description of 
the proposed location and area(s) of operation. To facilitate the 
Commission's coordination of the proposed wireless microphone 
operations with incumbent Federal users, each application should 
provide sufficient specificity regarding the proposed location(s) 
(e.g., venues) of the wireless microphone operations for which the 
applicant seeks authorization, and limit its request only to the 
area(s) necessary to meet its particular communications needs. 
Providing such specificity is consistent with the approach used for 
coordinating co-primary non-Federal fixed service applications with 
Federal fixed operations in the band, and also is consistent with the 
approach taken with regard to secondary licensed wireless microphone 
operations in the 1435-1525 MHz band. Finally, the Commission noted 
that, under the applicable LPAS rules, wireless microphone licensees 
are not granted exclusive frequency assignments for their secondary 
operations. Accordingly, the grant of a LPAS license to one entity for 
wireless microphone operations at a specified location (e.g., a venue) 
does not preclude the grant of additional LPAS licenses to other 
entities at the same location following successful coordination of 
their proposed operations with the primary users of the band.
    38. Updating Rules to Reflect 600 MHz Band Plan and Other 
Miscellaneous Revisions. The broadcast television incentive auction 
closed on April 13, 2017. As a result, the 600 MHz Band Plan is now 
finalized, and the specific frequencies associated with the 600 MHz 
service band, the 600 MHz guard band, and the 600 MHz duplex gap are 
now established. Accordingly, the Commission updated various rule parts 
in part 15 (affecting unlicensed wireless microphone operations) and 
part 74 (affected licensed wireless microphone operations) to reflect 
the 600 MHz Band Plan. In addition, the Commission updated these rules 
to reflect specific calendar dates for compliance with various 
requirements that attach based on the date of release of the Closing 
and Channel Reassignment PN and the establishment of the post-auction 
transition period. Finally, the Commission also took this opportunity 
to reinsert part of a rule provision in Sec.  87.303(d)(1) that had 
been inadvertently deleted with the rule changes adopted in the 
Wireless Microphones R&O.

Procedural Matters

    39. Paperwork Reduction Analysis. This Order on Reconsideration 
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 information collection 
requirements contained in this proceeding. In addition, we note that 
pursuant to the Small Business Paperwork Relief Act of 2002 (SBPRA), 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    40. We have assessed the effects of various changes and 
clarifications to the Wireless Microphones R&O and TV

[[Page 41557]]

Bands Part 15 R&O that might impose information collection burdens on 
small business concerns, and find that those changes and clarifications 
facilitate licensed and unlicensed wireless microphone use of various 
frequency bands and provide wireless microphone manufacturers with 
greater flexibility in designing products to meet market demands. We 
anticipate no adverse impacts on small business concerns with fewer 
than 25 employees.
    41. Congressional Review Act. The Commission will send a copy of 
this Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    42. Final Regulatory Flexibility Analysis. The Regulatory 
Flexibility Act (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' According, we have prepared Final Regulatory Flexibility 
Analysis concerning the possible impact of the Order on Reconsideration 
on small entities. While the Order on Reconsideration generally upholds 
the rules adopted in the Wireless Microphones R&O and the TV Bands Part 
15 R&O, it makes the changes and clarifications specified above. These 
changes and clarifications facilitate licensed and unlicensed wireless 
microphone use of various frequency bands by permitting more 
flexibility in meeting the technical requirements relating to emission 
limits, more efficient use of the 169-172 MHz band, increased access to 
the 1435-1525 MHz band, and the possibility of interference protection 
for certain professional unlicensed wireless microphone users; 
resolving uncertainties in the rules regarding power requirements, when 
unlicensed microphones can continue to operate equipment certified 
under part 74, and when wireless microphone applicants must coordinate; 
and providing wireless microphone manufacturers with greater 
flexibility in designing products to meet market demands.
    43. The Commission anticipates no adverse economic impact on small 
entities because, with one exception, the changes provide these 
entities benefits previously unavailable to them, as opposed to 
mandating new requirements on them. That exception involves the 
clarification that applicants for LPAS licenses to operate wireless 
microphones on frequencies in the 941.5-944 MHz band are required to 
have their proposed operations successfully coordinated with Federal 
users. However, the Commission believes that this requirement will 
impose only a de minimis burden. Significant alternatives considered 
include making no changes to the rules adopted in the Wireless 
Microphones R&O and in the TV Bands Part 15 R&O or making more 
extensive changes to those rules. However, the Commission finds that 
the relatively limited number of changes made in the Order best 
balances the needs of wireless microphone users and manufacturers and 
other entities that use the same frequency bands by providing wireless 
microphone users and manufacturers increased flexibility to meet their 
requirements in those bands without impairing other entities' access to 
the bands.

Ordering Clauses

    44. It is ordered that, pursuant to sections 1, 4(i), 4(j), 7(a), 
301, 302, 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 302a, 303(f), 
303(g), and 303(r), and section 553(b)(B) of the Administrative 
Procedure Act, 5 U.S.C 553(b)(B), this Order on Reconsideration is 
adopted.
    45. It is ordered that parts 2, 15, 74, 87, and 90 of the 
Commission's rules, 47 CFR parts 2, 15, 74, 87, and 90, are amended as 
set forth in the Final Rules.
    46. It is ordered that the rules adopted herein will become 
effective October 2, 2017, except for Sec.  74.803(c) and (d) of our 
rules, which contains a new information collection requirement that 
requires approval by the OMB under the PRA, which will become effective 
after the Commission publishes a notice in the Federal Register 
announcing such approval and the relevant effective date.
    47. It is further ordered that, pursuant to section 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. 405, and Sec.  1.429 
of the Commission's rules, 47 CFR 1.429, the Petitions for 
Reconsideration of the Report and Order in GN Docket No. 14-166 and GN 
Docket No. 12-268, filed by Audio-Technica, U.S., Inc., Sennheiser 
Electronic Corporation, Lectrosonics, Inc., and Shure Incorporated, and 
the Petitions for Reconsideration of the Report and Order in ET Docket 
No. 14-165 and GN Docket No. 12-268, filed by Audio-Technica, U.S., 
Inc., Sennheiser Electronic Corporation, and Shure Incorporated are 
granted in part and denied in part to the extent described herein.
    48. It is ordered, pursuant to sections 4(i) and (j) of the 
Communications Act, as amended, 47 U.S.C. 154(i) and (j), and 
Sec. Sec.  0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, 
0.331, that WT Docket Nos. 08-166 and 08-167 and ET Docket No. 10-24 
are terminated.

List of Subjects

47 CFR Part 2

    Telecommunications.

47 CFR Part 15

    Communications equipment.

47 CFR Part 74

    Incorporation by reference, Reporting and recordkeeping 
requirements.

47 CFR Part 87

    Communications equipment.

47 CFR Part 90

    Business and industry.

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, 74, 87, and 90 as 
follows:

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

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

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


0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise page 32.
0
b. Revise footnotes US84 and US300 in the list of United States (US) 
Footnotes.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 41558]]

[GRAPHIC] [TIFF OMITTED] TR01SE17.138


[[Page 41559]]


BILLING CODE 6712-01-C
* * * * *

United States (US) Footnotes

* * * * *
    US84 In the bands 941.5-944 MHz and 1435-1525 MHz, low power 
auxiliary stations may be authorized on a secondary basis, subject 
to the terms and conditions set forth in 47 CFR part 74, subpart H.
* * * * *
    US300 The frequencies 169.445, 169.505, 169.545, 169.575, 
169.605, 169.995, 170.025, 170.055, 170.245, 170.305, 171.045, 
171.075, 171.105, 171.845, 171.875, and 171.905 MHz are available 
for wireless microphone operations on a secondary basis to Federal 
and non-Federal operations. On center frequencies 169.575 MHz, 
170.025 MHz, 171.075 MHz, and 171.875 MHz, the emission bandwidth 
shall not exceed 200 kHz. On the other center frequencies, the 
emission bandwidth shall not exceed 54 kHz.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

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

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
4. Section 15.37 is amended by revising paragraph (i) and paragraph (k) 
introductory text to read as follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (i) As of December 26, 2017, wireless microphones for which an 
application for certification is filed must comply with the 
requirements of Sec.  15.236. Manufacturing and marketing of wireless 
microphones that would not comply with the rules for operation in Sec.  
15.236 must cease no later than September 24, 2018. Only wireless 
microphones certified for operation under this part may be operated 
under this part as of July 13, 2020.
* * * * *
    (k) Disclosure requirements for unlicensed wireless microphones 
capable of operating in the 600 MHz service band. Any person who 
manufactures, sells, leases, or offers for sale or lease, unlicensed 
wireless microphones that are capable of operating in the 600 MHz 
service band, as defined in this part, on or after July 13, 2017, is 
subject to the following disclosure requirements:
* * * * *

0
5. Section 15.203 is revised to read as follows:


Sec.  15.203  Antenna requirement.

    An intentional radiator shall be designed to ensure that no antenna 
other than that furnished by the responsible party shall be used with 
the device. The use of a permanently attached antenna or of an antenna 
that uses a unique coupling to the intentional radiator shall be 
considered sufficient to comply with the provisions of this section. 
The manufacturer may design the unit so that a broken antenna can be 
replaced by the user, but the use of a standard antenna jack or 
electrical connector is prohibited. This requirement does not apply to 
carrier current devices or to devices operated under the provisions of 
Sec. Sec.  15.211, 15.213, 15.217, 15.219, 15.221, or Sec.  15.236. 
Further, this requirement does not apply to intentional radiators that 
must be professionally installed, such as perimeter protection systems 
and some field disturbance sensors, or to other intentional radiators 
which, in accordance with Sec.  15.31(d), must be measured at the 
installation site. However, the installer shall be responsible for 
ensuring that the proper antenna is employed so that the limits in this 
part are not exceeded.

0
6. Section 15.236 is amended by revising paragraphs (a)(2) through (4), 
(c)(1), (c)(3), removing and reserving paragraph (c)(4), revising 
paragraphs (c)(5), (d)(2), and (g) to read as follows:


Sec.  15.236  Operation of wireless microphones in the bands 54-72 MHz, 
76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz.

* * * * *
    (a) * * *
    (2) 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz 
that separates part 27 600 MHz service uplink and downlink frequencies.
    (3) 600 MHz guard band. Designated frequency band at 614-617 MHz 
that prevents interference between licensed services in the 600 MHz 
service band and channel 37.
    (4) 600 MHz service band. Frequencies in the 617-652 MHz and 663-
698 MHz bands that are reallocated and reassigned for 600 MHz band 
services under part 27.
* * * * *
    (c) * * *
    (1) Channels allocated and assigned for the broadcast television 
service.
* * * * *
    (3) The 657-663 MHz segment of the 600 MHz duplex gap.
    (4) [Reserved]
    (5) The 614-616 MHz segment of the 600 MHz guard band.
* * * * *
    (d) * * *
    (2) In the 600 MHz guard band and the 600 MHz duplex gap: 20 mW 
EIRP.
* * * * *
    (g) Emissions within the band from one megahertz below to one 
megahertz above the carrier frequency shall comply with the emission 
mask in Sec.  8.3 of ETSI EN 300 422-1 V1.4.2 (2011-08), 
Electromagnetic compatibility and Radio spectrum Matters (ERM); 
Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: 
Technical characteristics and methods of measurement. Emissions outside 
of this band shall comply with the limits specified in section 8.4 of 
ETSI EN 300 422-1 V1.4.2 (2011-08).

0
7. Section 15.711 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.711  Interference avoidance methods.

* * * * *
    (a) Geolocation required. White space devices shall rely on a 
geolocation capability and database access mechanism to protect the 
following authorized service in accordance with the interference 
protection requirements of Sec.  15.712: Digital television stations, 
digital and analog Class A, low power, translator and booster stations; 
translator receive operations; fixed broadcast auxiliary service links; 
private land mobile service/commercial radio service (PLMRS/CMRS) 
operations; offshore radiotelephone service; low power auxiliary 
services authorized pursuant to Sec. Sec.  74.801 through 74.882 of 
this chapter, including licensed wireless microphones; MVPD receive 
sites; wireless medical telemetry service (WMTS); radio astronomy 
service (RAS); and 600 MHz service band licensees where they have 
commenced operations, as defined in Sec.  27.4 of this chapter. In 
addition, protection shall be provided in border areas near Canada and 
Mexico in accordance with Sec.  15.712(g).
* * * * *

0
8. Section 15.713 is amended by removing and reserving paragraph (j)(9) 
as follows:


Sec.  15.713  White space database.

* * * * *
    (j) * * *
    (9) [Reserved]
* * * * *

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

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

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


0
10. Section 74.801 is amended by removing the ``Note to Definitions of

[[Page 41560]]

600 MHz Duplex Gap, 600 MHz Guard Bands, and 600 MHz Service Band,'' 
and by revising the definitions of ``600 MHz duplex gap,'' ``600 MHz 
guard bands,'' and ``600 MHz service band'' to read as follows:


Sec.  74.801  Definitions.

    600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that 
separates part 27 600 MHz service uplink and downlink frequencies.
    600 MHz guard band. Designated frequency band at 614-617 MHz that 
prevents interference between licensed services in the 600 MHz service 
band and channel 37.
    600 MHz service band. Frequencies in the 617-652 MHz and 663-698 
MHz bands that are reallocated and reassigned for 600 MHz band services 
under part 27.
* * * * *

0
11. Section 74.802 is amended by revising paragraph (a)(1), adding Note 
to paragraph (a)(1) and revising paragraph (a)(2) to read as follows:


Sec.  74.802  Frequency assignment.

    (a)(1) Frequencies within the following bands may be assigned for 
use by low power auxiliary stations:

26.100-26.480 MHz
54.000-72.000 MHz
76.000-88.000 MHz
161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands)
174.000-216.000 MHz
450.000-451.000 MHz
455.000-456.000 MHz
470.000-488.000 MHz
488.000-494.000 MHz (except Hawaii)
494.000-608.000 MHz
614.000-698.000 MHz
941.500-944.000 MHz
944.000-952.000 MHz
952.850-956.250 MHz
956.45-959.85 MHz
1435-1525 MHz
6875.000-6900.000 MHz
7100.000-7125.000 MHz

    Note to Paragraph (a)(1): Frequency assignments in the 614.000-
698.000 MHz band are subject to conditions established in 
proceedings pursuant to GN Docket No. 12-268. This band is being 
transitioned to the 600 MHz service band, the 600 MHz guard band, 
and the 600 MHz duplex gap during the post-incentive auction 
transition period (as defined in Sec.  27.4 of this chapter), which 
began on April 13, 2017. Low power auxiliary stations must comply 
with the applicable conditions with respect to any assignment to 
operate on frequencies repurposed for the 600 MHz service band, the 
600 MHz guard band, and the 600 MHz duplex gap, respectively. This 
rule will be further updated, pursuant to public notice or 
subsequent Commission action, to reflect additional changes that 
implement the determinations made in these proceedings.

    (2) The 653.000-657.000 MHz segment of the 600 MHz duplex gap may 
be assigned for use by low power auxiliary service.
* * * * *

0
12. Section 74.803 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  74.803  Frequency selection to avoid interference.

* * * * *
    (c) In the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-
959.85 MHz, 6875.000-6900.000 MHz, and 7100.000-7125.000 MHz bands low 
power auxiliary station usage is secondary to other uses (e.g. Aural 
Broadcast Auxiliary, Television Broadcast Auxiliary, Cable Relay 
Service, Fixed Point to Point Microwave) and must not cause harmful 
interference. In the 941.5-944 MHz band, low power auxiliary station 
usage also is secondary to Federal operations in the band. In each of 
these bands, applicants are responsible for selecting the frequency 
assignments that are least likely to result in mutual interference with 
other licensees in the same area. Applicants must consult local 
frequency coordination committees, where they exist, for information on 
frequencies available in the area. In selecting frequencies, 
consideration should be given to the relative location of receive 
points, normal transmission paths, and the nature of the contemplated 
operation.
    (d) In the 1435-1525 MHz band, low power auxiliary station (LPAS) 
authorizations are limited to operations at fixed locations, and only 
to the extent that applicable requirements have been met for the 
proposed operations at those specified locations.
    (1) Each authorization is limited to specific events or situations 
for which there is a need to deploy large numbers of LPAS for specified 
time periods, and use of other available spectrum resources at that 
particular location is insufficient to meet the LPAS licensee's needs.
    (2) The access to spectrum in the band must be coordinated with the 
frequency coordinator for aeronautical mobile telemetry, the Aerospace 
and Flight Test Radio Coordinating Committee (AFTRCC) prior to 
operations at the specified location and period of time, with AFTRCC 
indicating whether any specific frequencies in the band are unavailable 
for use. LPAS devices must complete authentication and location 
verification before operations begin, employ software-based controls or 
similar functionality to prevent devices in the band from operating 
except in the specific channels, locations, and time periods that have 
been coordinated, and be capable of being tuned to any frequency in the 
band.
    (3) LPAS users may have access to no more than 30 megahertz of 
spectrum (one third of the 1435-1525 MHz band) for their operations at 
the specified locations. Different users in the same general area each 
can access up to 30 megahertz of spectrum for their respective 
operations. All licensees that have successfully coordinated with 
AFTRCC for access to the 1435-1525 MHz band for operations at their 
specified locations in the same general area must, to the extent 
necessary, coordinate their particular access to and use of spectrum 
with other licensees to minimize the potential for interference between 
and among the different operations.

0
13. Section 74.831 is revised to read as follows:


Sec.  74.831  Scope of service and permissible transmissions.

    The license for a low power auxiliary station authorizes the 
transmission of cues and orders to production personnel and 
participants in broadcast programs, motion pictures, and major events 
or productions and in the preparation therefor, the transmission of 
program material by means of a wireless microphone worn by a performer 
and other participants in a program, motion picture, or major event or 
production during rehearsal and during the actual broadcast, filming, 
recording, or event or production, or the transmission of comments, 
interviews, and reports from the scene of a remote broadcast. Low power 
auxiliary stations operating in the 941.5-944 MHz, 944-952 MHz, 
952.850-956.250 MHz, 956.45-959.85 MHz, 6875-6900 MHz, and 7100-7125 
MHz bands may, in addition, transmit synchronizing signals and various 
control signals to portable or hand-carried TV cameras which employ low 
power radio signals in lieu of cable to deliver picture signals to the 
control point at the scene of a remote broadcast.

0
14. Section 74.832 is amended by revising paragraph (d) to read as 
follows:


Sec.  74.832  Licensing requirements and procedures.

* * * * *
    (d) Cable television operations, motion picture and television 
program producers, large venue owners or operators, and professional 
sound companies may be authorized to operate low power auxiliary 
stations in the bands allocated for TV broadcasting, the 653-657 MHz 
band, the 941.5-944 MHz

[[Page 41561]]

band, the 944-952 MHz band, the 952.850-956.250 MHz band, the 956.45-
959.85 MHz band, the 1435-1525 MHz band, the 6875-6900 MHz band, and 
the 7100-7125 MHz band. In the 6875-6900 MHz and 7100-7125 MHz bands, 
entities eligible to hold licenses for cable television relay service 
stations (see Sec.  78.13 of this chapter) shall also be eligible to 
hold licenses for low power auxiliary stations.
* * * * *

0
15. Section 74.851 is amended by revising paragraphs (i) through (k), 
and paragraph (l) introductory text to read as follows:


Sec.  74.851  Certification of equipment, prohibition on manufacture, 
import, sale, lease, offer for sale or lease, or shipment of devices 
that operate in the 700 MHz or the 600 MHz Band; labeling for 700 MHz 
or 600 MHz band equipment destined for non-U.S. markets; disclosures.

* * * * *
    (i) As of January 13, 2018, applications for certification shall no 
longer be accepted for low power auxiliary stations or wireless video 
assist devices that are capable of operating in the 600 MHz service 
band or the 600 MHz guard band, or for low power auxiliary stations 
that are capable of operating in the 600 MHz duplex gap unless the 
operations are limited to the 653-657 MHz segment.
    (j) As of October 13, 2018, no person shall manufacture, import, 
sell, lease, offer for sale or lease, or ship low power auxiliary 
stations or wireless video assist devices that are capable of operating 
in the 600 MHz service band or the 600 MHz guard bands, or low power 
auxiliary stations that are capable of operating in the 600 MHz duplex 
gap unless the operations are limited to the 653-657 MHz segment. This 
prohibition does not apply to devices manufactured solely for export.
    (k) As of October 13, 2018, any person who manufacturers, sells, 
leases, or offer for sale or lease low power auxiliary stations or 
wireless video assist devices that are destined for non-U.S. markets 
and that are capable of operating in the 600 MHz service band or the 
600 MHz guard bands, or low power auxiliary stations that are capable 
of operating in the 600 MHz duplex gap unless such operations are 
limited to the 653-657 MHz segment, 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 United States.
    (l) Disclosure requirements for low power auxiliary stations and 
wireless video assist devices capable of operating in the 600 MHz 
service band. Any person who manufactures, sells, leases, or offers for 
sale or lease low power auxiliary stations or wireless video devices 
that are capable of operating in the 600 MHz service band on or after 
July 13, 2017, is subject to the following disclosure requirements:
* * * * *

0
16. Section 74.861 is amended by revising paragraphs (d)(3), (d)(4)(i) 
through (iii), and (e)(7) to read as follows:


Sec.  74.861  Technical requirements.

* * * * *
    (d) * * *
    (3) For the 26.1-26.480 MHz, 161.625-161.775 MHz, 450-451 MHz, and 
455-456 MHz bands, the occupied bandwidth shall not be greater than 
that necessary for satisfactory transmission and, in any event, an 
emission appearing on any discrete frequency outside the authorized 
band shall be attenuated, at least, 43+10 log\10\ (mean output power, 
in watts) dB below the mean output power of the transmitting unit. The 
requirements of this paragraph shall also apply to the applications for 
certification of equipment for the 944-952 MHz band until January 13, 
2018.
    (4)(i) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100-
7125 MHz bands, analog emissions within the band from one megahertz 
below to one megahertz above the carrier frequency shall comply with 
the emission mask in section 8.3.1.2 of the European Telecommunications 
Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
    (ii) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, and 1435-1525 MHz bands, digital 
emissions within the band from one megahertz below to one megahertz 
above the carrier frequency shall comply with the emission mask in 
section 8.3.2.2 (Figure 4) of the European Telecommunications Institute 
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
    (iii) In the 6875-6900 MHz and 7100-7125 MHz bands, digital 
emissions within the band from one megahertz below to one megahertz 
above the carrier frequency shall comply with the emission mask in 
section 8.3.2.2 (Figure 5) of the European Telecommunications Institute 
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
* * * * *
    (e) * * *
    (7) Analog emissions within the band from one megahertz below to 
one megahertz above the carrier frequency shall comply with the 
emission mask in section 8.3.1.2 of the European Telecommunications 
Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Digital emissions within the band from one 
megahertz below to one megahertz above the carrier frequency shall 
comply with the emission mask in section 8.3.2.2 (Figure 4) of the 
European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 
(2011-08), Electromagnetic compatibility and Radio spectrum Matters 
(ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; 
part 1: Technical characteristics and methods of measurement. Beyond 
one megahertz below and above the carrier frequency, emissions shall 
comply with the limits specified in section 8.4 of ETSI EN 300 422-1 
v1.4.2 (2011-08). The requirements of this paragraph (e)(7) shall not 
apply to applications for certification of equipment in these bands 
until nine months after release of the Commission's Channel 
Reassignment Public Notice, as defined in Sec.  73.3700(a)(2) of this 
chapter.
* * * * *

PART 87--AVIATION SERVICES

0
17. The authority citation for part 87 continues to read as follows:


[[Page 41562]]


    Authority: 47 U.S.C. 154, 303, and 307(e), unless otherwise 
noted.


0
18. Section 87.303 is amended by revising paragraph (d)(1) and adding 
paragraph (d)(4) to read as follows:


Sec.  87.303  Frequencies.

* * * * *
    (d) * * *
    (1) Frequencies in the 1435-1525 MHz and 2360-2395 MHz bands are 
assigned in the mobile service primarily for aeronautical telemetry and 
associated telecommand operations for flight testing of aircraft and 
missiles, or their major components. Until January 1, 2020, the 2345-
2360 MHz band is also available to licensees holding a valid 
authorization on April 23, 2015 for these purposes on a secondary 
basis. Permissible uses of these bands include telemetry and associated 
telecommand operations associated with the launching and reentry into 
the Earth's atmosphere, as well as any incidental orbiting prior to 
reentry, of objects undergoing flight tests. In the 1435-1525 MHz band, 
the following frequencies are shared on a co-equal basis with flight 
telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 
1524.5 MHz. In the 2360-2395 MHz band, the following frequencies may be 
assigned for telemetry and associated telecommand operations of 
expendable and re-usable launch vehicles, whether or not such 
operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. All 
other mobile telemetry uses of the 2360-2395 MHz band shall be on a 
non-interfering and unprotected basis to the above uses.
* * * * *
    (4) Frequencies in the bands 1435-1525 MHz are also available for 
low power auxiliary station use on a secondary basis.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
19. The authority citation for part 90 continues to read as follows:

    Authority:  Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


0
20. Section 90.265 is amended by revising paragraph (b) introductory 
text and paragraph (b)(1) to read as follows:


Sec.  90.265  Assignment and use of frequencies in the bands allocated 
for Federal use.

* * * * *
    (b) The following frequencies are available for wireless microphone 
operations to eligibles in this part, subject to the provisions of this 
paragraph:

Frequencies (MHz)
    169.445
    169.505
    169.545
    169.575
    169.605
    169.995
    170.025
    170.055
    170.245
    170.305
    171.045
    171.075
    171.105
    171.845
    171.875
    171.905

    (1) On center frequencies 169.575 MHz, 170.025 MHz, 171.075 MHz, 
and 171.875 MHz, the emission bandwidth shall not exceed 200 kHz. On 
the other center frequencies listed in this paragraph (b), the emission 
bandwidth shall not exceed 54 kHz.
* * * * *
[FR Doc. 2017-17442 Filed 8-31-17; 8:45 am]
BILLING CODE 6712-01-P


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