Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules 41583 

concerns with fewer than 25 

employees.’’ 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

[FR Doc. 2017–18500 Filed 8–31–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[GN Docket No. 14–166, ET Docket No. 14– 

165, GN Docket No. 12–268: FCC 17–95] 

Promoting Spectrum Access for 

Wireless Microphone Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to permit 

professional theater, music, performing 

arts, or similar organizations that 

operate wireless microphones on an 

unlicensed basis and that meet certain 

criteria to obtain a license to operate in 

the TV bands (and the 600 MHz service 

band during the post-auction transition 

period), thereby allowing them to 

register in the white spaces databases 

for interference protection from 

unlicensed white space devices at 

venues where their events/productions 

are performed. In addition, the 

Commission proposes to permit these 

same users, based on demonstrated 

need, also to obtain a license to operate 

on other bands available for use by 

wireless microphone licensees provided 

that they meet the applicable 

requirements for operating in those 

bands. This proposed 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: Comments are due October 2, 

2017. Reply comments are due October 

16, 2017. 

FOR FURTHER INFORMATION CONTACT: Paul 

Murray, Office of Engineering and 

Technology, 202–418–0688, 

Paul.Murray@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking, 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 fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Synopsis 

1. Background. As an alternative to its 

request for reinstatement of a 

reservation system for certain 

unlicensed wireless microphone users, 

wireless microphone manufacturer 

Shure requested in its petition for 

reconsideration of the Commission’s 

2015 Wireless Microphones R&O, 80 FR 

71702, November 17, 2015, that the 

Commission provide a more limited 

reservation system that would make 

registration for interference protection 

for wireless microphone users in the TV 

bands available in special circumstances 

requiring a high degree of reliability for 

a user that does not typically use 50 or 

more microphones. Shure pointed out 

that recent Commission decisions, 

including the elimination of two 

‘‘reserved’’ TV channels for wireless 

microphones in the TV bands following 

the incentive auction, has resulted in 

unlicensed wireless microphone users 

having access to fewer vacant TV 

channels that would be free from 

interference from white space devices. 

2. Under the Commission’s part 74 

Low Power Auxiliary Stations (LPAS) 

rules, licensed operations of wireless 

microphones are permitted on the TV 

band frequencies on a secondary, nonexclusive basis, with license eligibility 

restricted to a limited set of specified 

entities. Prior to 2014, eligibility was 

restricted to licensees of radio and 

broadcast television stations, broadcast 

television network entities, certain cable 

television system operators, and motion 

picture and television program 

producers. In the TV Bands Wireless 

Microphones Second R&O, 79 FR 40680, 

July 14, 2014, the Commission provided 

for a limited expansion of eligibility 

under part 74, Subpart H, to include 

professional sound companies and 

venues that routinely use 50 or more 

wireless microphones for major events/ 

productions where use of such devices 

is an integral part of these events/ 

productions. When using frequencies in 

the TV bands, these licensed wireless 

microphone users may also register with 

the white spaces databases to receive 

interference protection from unlicensed 

white space devices in the TV bands at 

specified locations when these events/ 

productions are performed. 

3. In providing for this limited 

expansion of license eligibility, the 

Commission explained that these 

particular entities share the need of the 

other eligible entities for regular and 

reliable high quality audio services that 

are free from interference, and often 

require a large number of wireless 

microphones to meet their needs. In 

particular, the Commission concluded 

that professional sound companies and 

venues that routinely use 50 or more 

wireless microphones at events/ 

productions generally have the same 

needs for interference protection as 

existing part 74 wireless microphone 

licensees, particularly given the 

spectrum requirements associated with 

use of a large number of wireless 

microphones. The Commission found 

that these types of professional users 

have experience in coordinating 

wireless microphone uses among 

themselves at venues or events, even in 

congested markets, and have similar 

needs to existing part 74 wireless 

microphone licensees, and concluded 

that routine use of 50 microphones was 

a reasonable threshold for identifying 

entities that are more likely to require 

interference protection in order to 

ensure high quality audio services. 

4. In the 2015 Wireless Microphones 

R&O, the Commission adopted various 

revisions in with regard to licensed 

wireless microphone operations under 

the part 74 LPAS rules. With respect to 

the TV bands, it revised the rules to 

provide more opportunities for licensed 

wireless microphone users to access 

spectrum by allowing greater use of 

VHF channels, and by providing for 

closer co-channel operation without the 

need for coordination where the 

licensed wireless microphone user 

determines that the TV signals fell 

below a specified threshold (such that 

wireless microphone operations would 

pose little risk of causing harmful 

interference to TV service). The 

Commission also expanded eligibility 

for licensed use of the 600 MHz duplex 

gap to all entities eligible to hold part 

74 wireless microphone licenses for 

using TV band spectrum. In addition, 

outside of the TV bands the Commission 

opened up additional portions of the 

900 MHz band (portions of the 941–944 

MHz and 952–960 MHz bands on each 

side of the 944–952 MHz band), as well 

as portions of the 1435–1525 MHz band 

(with special equipment and 

coordination requirements) and the 

6875–7125 MHz band, to permit use by 


sradovich on DSK3GMQ082PROD with PROPOSALS
41584 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules 

licensed wireless microphone 

operations on a secondary basis under 

specified conditions. 

5. On April 13, 2017, the broadcast 

television incentive auction closed, 

thereby establishing: (1) The revised TV 

bands that will be repacked and will 

continue to be available for use by 

wireless microphones on a secondary 

licensed or an unlicensed basis, and (2) 

the 600 MHz Band Plan, which includes 

the limited spectrum that will be 

available for wireless microphone 

operations in the 600 MHz guard band 

and duplex gap after the end of the postauction transition period. As a result of 

the repurposing of 84 megahertz of TV 

bands spectrum in the incentive 

auction, the spectrum in the revised and 

repacked TV bands (channels 2–36) 

available for licensed and unlicensed 

wireless microphone use will be 

substantially reduced in the coming 

years, although the specific amount of 

spectrum that remains available will 

vary depending on the particular 

locations of the users’ wireless 

microphones operations. 

6. Discussion. The Commission agrees 

with Shure and commenters supporting 

its petition that certain unlicensed 

wireless microphone users that do not 

meet the 50 microphone threshold 

nonetheless have identical or similar 

needs for interference protection at their 

events/productions as do entities that 

currently qualify for part 74 wireless 

microphone licenses. In many instances, 

the 50 microphone threshold is 

unnecessarily restrictive as it excludes 

many entities that have the need for 

professional high-quality audio for their 

events/productions. Therefore, we 

propose and seek comment on how best 

to accommodate these wireless 

microphone users to the extent that, 

based on demonstration of particular 

need, they should qualify for a license 

at their events/productions. 

7. The Commission recognizes that 

the 50 microphone threshold is a proxy 

for the need for professional, 

interference-free high-quality audio 

events/productions. Therefore the 

Commission proposes to allow certain 

theater, music, and performing arts 

organizations that do not meet this 

threshold but are otherwise able to 

demonstrate they have these 

‘‘professional’’ needs and capabilities to 

obtain a part 74 license to operate in the 

TV bands and the 600 MHz duplex gap. 

This would address the specific 

concerns raised in the petition by 

allowing these users to register for 

interference protection from white space 

devices when operating in the TV 

bands. In addition, the Commission 

proposes to allow such users access to 

other spectrum bands available to part 

74 wireless microphone licensees, 

including portions of the 900 MHz, 

1435–1525 MHz, and 7 GHz band 

spectrum where the need and requisite 

capabilities are demonstrated. 

Furthermore, the Commission seeks 

comment on whether there also may be 

certain other, similar types of 

organizations that use wireless 

microphones for productions where 

professional-level high-quality audio 

service is required and these needs 

cannot otherwise be met, such that the 

organization also may merit such 

protection for the same reasons. 

8. To fully account for these certain 

wireless microphone users with 

professional needs, the Commission 

proposes to revise the definition of both 

‘‘large venue owner or operator’’ and 

‘‘professional sound company’’ under 

our rules. The Commission proposes to 

define these terms to include either (a) 

wireless microphone users that 

routinely use 50 or more wireless 

microphones where the use is an 

integral part of major events or 

productions (as provided under existing 

rules) or (b) wireless microphone users 

that otherwise can demonstrate a 

particular need for, and the capability to 

provide, professional, high-quality 

audio that is integral to their events or 

productions. 

9. To demonstrate a need for highquality audio during events/productions 

under prong (b), an applicant for a part 

74 license would be required to show 

that its needs for high-quality audio 

services for its audiences are identical 

or substantially similar to those of 

current part 74 licensees. The 

Commission seeks comment on what 

this demonstration would look like, and 

how the Commission would determine 

whether there is actual need for a 

license and that the spectrum would be 

used in a spectrally efficient manner. 

10. Furthermore, to demonstrate the 

requisite capability to provide 

professional high quality audio under 

prong (b), an applicant for such a part 

74 license would need to demonstrate 

that it has the professional-level 

technical and operational capabilities to 

carry out its responsibilities associated 

with holding a license (e.g., 

coordination responsibilities, technical 

capabilities, and registration 

capabilities). This criterion is meant to 

encompass users that have capabilities 

that are identical or similar to the 

professional sound companies/large 

venues that currently qualify for part 74 

licenses, but that do not meet the 50 

microphone threshold. 

11. As in the TV Bands Wireless 

Microphones Second R&O, the 

Commission is proposing only a limited 

expansion of eligibility that strikes an 

appropriate balance in expanding 

licensee eligibility where there is a clear 

need for professional high-quality audio 

for particular events/productions, while 

ensuring that spectrum is shared 

effectively with existing wireless 

microphone licensees and remains 

available for other uses, such as by 

white space devices. Commenters 

should discuss the effect that the 

proposed expansion of eligibility for 

wireless microphone licenses would 

have on other users of the spectrum. 

12. In addition to proposing to permit 

professional theater, music, and 

performing arts organizations that do 

not meet the 50 microphone threshold 

but meet the two-part test above to 

obtain a part 74 license in the TV bands 

and the 600 MHz duplex gap, the 

Commission also proposes to permit 

these entities to qualify for a license in 

portions of the 900 MHz band, as well 

as in the 1435–1525 MHz and 6975– 

7125 MHz band, that also are available 

for part 74 wireless microphone 

licensees, upon demonstrated need and 

ability to meet the necessary 

coordination and other requirements 

pertaining to each particular band. The 

Commission believes that any risk of 

wireless microphone operations causing 

harmful interference to these primary 

licensees is low considering that 

wireless microphones operate at 

relatively low power over short ranges. 

13. The Commission seeks any 

additional comment on this proposed 

case-by-case approach, and on possible 

alternatives to that approach. 

Commenting parties proposing 

alternative approaches should explain 

the rationale for the metric or standard 

that they propose, address how it would 

be a reasonable and appropriate way of 

identifying the class of wireless 

microphone users that merit a license, 

and provide sufficient data and other 

information supporting such an 

approach. 

Procedural Matters 

14. Paperwork Reduction Analysis. 

The Further Notice of Proposed 

Rulemaking (FNPRM) contains 

proposed new information collection 

requirements. We invite the general 

public and Office of Management and 

Budget to comment on the information 

collection requirements contained in 

this document, as required by the 

Paperwork Reduction Act. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, the 

Commission seek specific comment on 

how we might further reduce the 

information collection burden for small 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules 41585 

business concerns with fewer than 25 

employees. 

15. Initial Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act, the Commission has 

prepared an Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

a substantial number of small entities of 

the proposals addressed in this FNPRM. 

Written public comments are requested 

on the IRFA. These comments must be 

filed in accordance with the same filing 

deadlines for comments on the FNPRM, 

and they should have a separate and 

distinct heading designating them as 

responses to the IRFA. The 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

this FNPRM, including the IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the RFA. 

16. This proceeding is initiated to 

explore whether certain professional 

theater, music, performing arts, or 

similar organizations that operate 

wireless microphones on an unlicensed 

basis and meet certain criteria should be 

permitted to: (1) Obtain part 74 licenses 

in the TV bands to enable them to 

register in the white spaces databases 

for interference protection from 

unlicensed white space devices that 

operate in those bands, and to access the 

portion of spectrum available to 

licensed wireless microphone users in 

the 600 MHz duplex gap (specifically, 

the 653–657 MHz portion); and (2) 

obtain part 74 licenses to operate in 

other bands available for use by part 74 

licensed wireless microphone licensees, 

including portions of the 900 MHz, 

1435–1525 MHz, and 6975–7125 MHz 

bands, provided that they meet the 

applicable requirements for operating in 

those bands. 

17. The proposal set forth in the 

FNPRM would apply to certain theater, 

music production, and performing arts, 

and similar organizations that currently 

use wireless microphones on an 

unlicensed—rather than licensed—basis 

to meet their audio service needs 

because they fail to meet the 50 

microphone license eligibility 

requirement to be a ‘‘large venue or 

operator’’ or ‘‘professional sound 

company’’ under the Commission’s 

Rules for part 74 Low Power Auxiliary 

Stations. Under the proposal, an 

unlicensed wireless microphone 

applicant for a part 74 license would be 

required to establish that needs access 

to more spectrum in these bands is 

needed for its major events or 

productions, based on a showing of its 

particular needs at that specified 

location, that its need for high-fidelity 

audio services for its audiences are 

identical or substantially similar to 

those of current part 74 licensees, and 

that it has the professional-level 

technical and operational capabilities to 

carry out its responsibilities as a 

licensee. 

18. Ex Parte Presentations. This 

proceeding will be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

19. Comment Filing Procedures. 

Pursuant to §§ 1.415 and 1.419, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers. Comments may be 

filed electronically using the Internet by 

accessing the ECFS, http://apps.fcc.gov/ 

ecfs. 

• Paper Filers. Parties who file by 

paper must include an original and four 

copies of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

Æ All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

Æ Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

Æ U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

Persons with Disabilities. To request 

materials in accessible formats for 

persons with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

Ordering Clauses 

20. It is ordered that, pursuant to §§ 1, 

4(i), 4(j), 7(a), 301, 302(a), 303(f), and 

332 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154(i), 

154(j), 157(a), 301, 302a, 303(f), and 332, 

the Further Notice of Proposed 

Rulemaking is Adopted. 

21. It is ordered that the Commission’s 

Consumer and Governmental Affairs 

Bureau, Reference Information Center, 

shall send a copy of this Further Notice 

of Proposed Rulemaking, including the 

Initial Regulatory Flexibility Analysis, 

to the Chief Counsel for Advocacy of the 

Small Business Administration. 


sradovich on DSK3GMQ082PROD with PROPOSALS
41586 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules 

List of Subjects in 47 CFR Part 74 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rules 

The Federal Communications 

Commission proposes to amend 47 CFR 

part 74 as follows: 

PART 74, SUBPART H—LOW POWER 

AUXILIARY STATIONS 

■ 1. 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. 

■ 2. Amend § 74.801 the definitions for 

‘‘Professional sound company’’ and 

‘‘Venue owner or operator’’ to read as 

follows: 

§ 74.801 Definitions. 

* * * * * 

Professional sound company. 

Professional sound company refers to a 

person or organization that provides 

audio services that (a) routinely use 50 

or more low power auxiliary station 

devices, where the use of such devices 

is an integral part of major events or 

productions, or (b) can otherwise 

demonstrate a particular need for, and 

the capability to provide, professional 

high-quality audio through use of low 

power auxiliary station devices, where 

the use is an integral part of events or 

productions. Routinely using 50 or more 

low power auxiliary station devices 

means that the professional sound 

company uses 50 or more such devices 

for most events or productions. 

* * * * * 

Venue owner or operator. A venue 

owner or operator refers to a person or 

organization that owns or operates a 

venue that (a) routinely uses 50 or more 

low power auxiliary station devices, 

where the use is an integral part of 

major events or productions, or (b) can 

otherwise demonstrate a particular need 

for, and the capability to provide, 

professional high-quality audio through 

use of low power auxiliary station 

devices, where the use is an integral 

part of events or productions. Routinely 

using 50 or more low power auxiliary 

station devices means that the venue 

owner or operator uses 50 or more such 

devices for events or productions. 

* * * * * 

■ 3. Amend § 74.832 by revising 

paragraph (a)(7) to read as follows: 

§ 74.832 Licensing requirements and 

procedures. 

* * * * * 

(a)* * * 

(7) Venue owners or operators as 

defined in § 74.801. 

* * * * * 

[FR Doc. 2017–17441 Filed 8–31–17; 8:45 am] 

BILLING CODE 6712–01–P 


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