Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41549 

the Communications Act of 1934, as 

amended. 

§ 90.813 [Amended] 

■ 36. Amend § 90.813 by removing 

paragraph (e). 

§ 90.816 [Removed] 

■ 37. Remove § 90.816. 

§ 90.911 [Amended] 

■ 38. Amend § 90.911 by removing 

paragraphs (e) and redesignating 

paragraph (f) as (e). 

§ 90.1019 [Amended] 

■ 39. Amend § 90.1019 by removing 

paragraph (d). 

PART 95—PERSONAL RADIO 

SERVICES 

■ 40. The authority citation for part 95 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302(a), 303, 

and 307(e). 

§ 95.1923 [Amended] 

■ 41. Amend § 95.1923 by removing 

paragraph (d). 

■ 42. Amend § 95.1933 by revising 

paragraph (a) and paragraph (b) 

introductory text to read as follows: 

§ 95.1933 Construction requirements. 

(a) Each 218–219 MHz Service 

licensee must make a showing of 

‘‘substantial service’’ within ten years of 

the license grant. Until January 1, 2023, 

‘‘substantial service’’ assessment will be 

made at renewal pursuant to the 

provisions and procedures contained in 

§ 1.949 of this chapter. 

(b) Until January 1, 2023, each 218– 

219 MHz Service licensee must file a 

report to be submitted to inform the 

Commission of the service status of its 

system. The report must be labeled as an 

exhibit to the renewal application. At 

minimum, the report must include: 

* * * * * 

PART 101—FIXED MICROWAVE 

SERVICES 

■ 43. The authority citation for part 101 

continues to read as follows: 

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

■ 44. Revise § 101.65 to read as follows: 

§ 101.65 Termination of station 

authorizations. 

In addition to the provisions of 

§ 1.953 of this chapter, a site-based 

license will be automatically terminated 

in whole or in part without further 

notice to the licensee upon the 

voluntary removal or alteration of the 

facilities, so as to render the station not 

operational for a period of 30 days or 

more. A licensee is subject to this 

provision commencing on the date it is 

required to be providing service or 

operating under § 101.63. This provision 

is inapplicable to blanket authorizations 

to operate fixed stations at temporary 

locations pursuant to the provisions of 

§ 101.31(a)(2). See § 101.305 for 

additional rules regarding temporary 

and permanent discontinuation of 

service. 

■ 45. Amend § 101.527 by revising 

paragraph (a) and paragraph (b) 

introductory text to read as follows: 

§ 101.527 Construction requirements for 

24 GHz operations. 

(a) Each licensee must make a 

showing of ‘‘substantial service’’ within 

ten years of its license grant. 

‘‘Substantial service’’ is a service which 

is sound, favorable, and substantially 

above a level of mediocre service which 

just might minimally warrant renewal 

during its past license term. Until 

January 1, 2023, ‘‘substantial service’’ 

assessment will be made at renewal 

pursuant to the provisions and 

procedures set forth in § 1.949 of this 

chapter. 

(b) Until January 1, 2023, each 

licensee must, at a minimum file: 

* * * * * 

§ 101.529 [Removed] 

■ 46. Remove § 101.529. 

§ 101.535 [Amended] 

■ 47. Amend § 101.535 by removing 

paragraph (d). 

■ 48. Revise § 101.1011 to read as 

follows: 

§ 101.1011 Construction requirements. 

LMDS licensees must make a showing 

of ‘‘substantial service’’ in their license 

area within ten years of being licensed. 

‘‘Substantial’’ service is defined as 

service which is sound, favorable, and 

substantially above a level of mediocre 

service which might minimally warrant 

renewal. Failure by any licensee to meet 

this requirement will result in forfeiture 

of the license and the licensee will be 

ineligible to regain it. 

§ 101.1111 [Amended] 

■ 49. Amend § 101.1111 by removing 

paragraph (e). 

■ 50. Amend § 101.1323 by revising 

paragraph (c) to read as follows: 

§ 101.1323 Spectrum aggregation, 

disaggregation, and partitioning. 

* * * * * 

(c) Construction requirements. 

Responsible parties must submit 

supporting documents showing 

compliance with the respective 

construction requirements within the 

appropriate construction benchmarks 

set forth in § 101.1325. 

* * * * * 

§ 101.1327 [Removed] 

■ 51. Remove § 101.1327. 

■ 52. Amend § 101.1413 by revising the 

section heading, paragraph (b) 

introductory text, and paragraph (c) to 

read as follows: 

§ 101.1413 License term and construction 

requirements. 

* * * * * 

(b) As a construction requirement, 

MVDDS licensees must make a showing 

of substantial service at the end of five 

years into the license period and ten 

years into the license period. The 

substantial service requirement is 

defined as a service that is sound, 

favorable, and substantially above a 

level of mediocre service which might 

minimally warrant renewal. At the end 

of five years into the license term and 

ten years into the license period, the 

Commission will consider factors such 

as: 

* * * * * 

(c) The renewal application of an 

MVDDS licensee is governed by § 1.949 

of this chapter. 

§ 101.1415 [Amended] 

■ 53. Amend § 101.1415 by removing 

paragraph (f). 

■ 54. Amend § 101.1513 by revising the 

section heading to read as follows: 

§ 101.1513 License term. 

* * * * * 

[FR Doc. 2017–18501 Filed 8–31–17; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 


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41550 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

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 antennarelated 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 §§ 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, 

Paul.Murray@fcc.gov. 

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 fcc504@fcc.gov 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 postauction 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 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 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 

§ 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 

§ 15.236 from the antenna connector 

restrictions set forth in § 15.203. 

Requiring unique antenna connectors 

for wireless microphones certified 

under part 15 is impractical because 

they have different application 

requirements when compared with 


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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 

§ 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 

§ 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 

§ 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 

§ 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 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 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 postauction 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 postauction 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, 


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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 postauction 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 


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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 


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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 coprimary 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 § 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 


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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 § 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 § 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 AudioTechnica, 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 §§ 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 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Section 2.106, the Table of 

Frequency Allocations, is amended as 

follows: 

■ a. Revise page 32. 

■ b. Revise footnotes US84 and US300 

in the list of United States (US) 

Footnotes. 

The revisions read as follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

BILLING CODE 6712–01–P 


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ER01SE17.138</GPH>sradovich on DSK3GMQ082PROD with RULES

5.323 5.325 5.327 941-944 941-944 

942-960 942-960 942-960 FIXED FIXED 

FIXED FIXED FIXED US268 US301 G2 US84 US268 US301 NG30 N

MOBILE except aeronautical MOBILE 5.317A MOBILE 5.317A 944-960 944-960 

mobile 5.317A BROADCASTING FIXED 

BROADCASTING 5.322 

5.323 5.320 NG35 

960-1164 960-1164 

AERONAUTICAL MOBILE (R) 5.327A AERONAUTICAL MOBILE (R) 5.327A AERONAUTICAL RADIONAVIGATION 5.328 AERONAUTICAL RADIONAVIGATION 5.328 

US224 

1164-1215 1164-1215 

AERONAUTICAL RADIONAVIGATION 5.328 AERONAUTICAL RADIONAVIGATION 5.328 

RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 

5.328A 5.328A US224 

1215-1240 1215-1240 1215-1240 

EARTH EXPLORATION-SATELLITE (active) EARTH EXPLORATION-SATELLITE (active) Earth exploration-satellite (activRADIOLOCATION RADIOLOCATION G56 Space research (active) 

RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B 5.329 5.329A RADIONAVIGATION-SATELLITE 

SPACE RESEARCH (active) (space-to-Earth) (space-to-space) G132 

SPACE RESEARCH (active) 

5.330 5.331 5.332 5.332 

1240-1300 1240-1300 1240-1300 

EARTH EXPLORATION-SATELLITE (active) EARTH EXPLORATION-SATELLITE (active) AERONAUTICAL RADIOLOCATION RADIOLOCATION G56 RADIONAVIGATION 

RADIONAVIGATION-SATELLITE (space-to-Earth) (space-to-space) 5.328B 5.329 5.329A SPACE RESEARCH (active) Amateur 

SPACE RESEARCH (active) AERONAUTICAL RADIONAVIGATION Earth exploration-satellite (activ

Amateur Space research (active) 

5.282 5.330 5.331 5.332 5.335 5.335A 5.332 5.335 5.282 

1300-1350 1300-1350 1300-1350 

RADIOLOCATION AERONAUTICAL RADIONAVIGATION AERONAUTICAL 

AERONAUTICAL RADIONAVIGATION 5.337 5.337 RADIONAVIGATION 5.337 

RADIONAVIGATION-SATELLITE (Earth-to-space) Radiolocation G2 

5.149 5.337A US342 US342 

1350-1400 1350-1400 1350-1390 1350-1390 

FIXED RADIOLOCATION 5.338A FIXED 

MOBILE MOBILE 

RADIOLOCATION RADIOLOCATION G2 

5.334 5.339 US342 US385 G27 G114 5.334 5.339 US342 US385 

1390-1395 1390-1395 

FIXED 

MOBILE except aeronautical m

5.339 US79 US342 US385 5.339 US79 US342 US385 N

1395-1400 

LAND MOBILE (medical telemetry and medical telecommand) 

5.149 5.338 5.338A 5.339 5.149 5.334 5.339 5.339 US79 US342 US385 
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 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 

■ 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. 

■ 4. Section 15.37 is amended by 

revising paragraph (i) and paragraph (k) 

introductory text to read as follows: 

§ 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 § 15.236. 

Manufacturing and marketing of 

wireless microphones that would not 

comply with the rules for operation in 

§ 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: 

* * * * * 

■ 5. Section 15.203 is revised to read as 

follows: 

§ 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 §§ 15.211, 

15.213, 15.217, 15.219, 15.221, or 

§ 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 § 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. 

■ 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: 

§ 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 § 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). 

■ 7. Section 15.711 is amended by 

revising paragraph (a) to read as follows: 

§ 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 § 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 §§ 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 § 27.4 of this 

chapter. In addition, protection shall be 

provided in border areas near Canada 

and Mexico in accordance with 

§ 15.712(g). 

* * * * * 

■ 8. Section 15.713 is amended by 

removing and reserving paragraph (j)(9) 

as follows: 

§ 15.713 White space database. 

* * * * * 

(j) * * * 

(9) [Reserved] 

* * * * * 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 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. 

■ 10. Section 74.801 is amended by 

removing the ‘‘Note to Definitions of 


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41560 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

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: 

§ 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. 

* * * * * 

■ 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: 

§ 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 § 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. 

* * * * * 

■ 12. Section 74.803 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 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. 

■ 13. Section 74.831 is revised to read 

as follows: 

§ 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 handcarried 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. 

■ 14. Section 74.832 is amended by 

revising paragraph (d) to read as 

follows: 

§ 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 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 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 § 78.13 of this 

chapter) shall also be eligible to hold 

licenses for low power auxiliary 

stations. 

* * * * * 

■ 15. Section 74.851 is amended by 

revising paragraphs (i) through (k), and 

paragraph (l) introductory text to read as 

follows: 

§ 74.851 Certification of equipment, 

prohibition on manufacture, import, sale, 

lease, offer for sale or lease, or shipment of 

devices that operate in the 700 MHz 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: 

* * * * * 

■ 16. Section 74.861 is amended by 

revising paragraphs (d)(3), (d)(4)(i) 

through (iii), and (e)(7) to read as 

follows: 

§ 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 log10 (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 § 73.3700(a)(2) of this chapter. 

* * * * * 

PART 87—AVIATION SERVICES 

■ 17. The authority citation for part 87 

continues to read as follows: 


sradovich on DSK3GMQ082PROD with RULES
41562 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

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

unless otherwise noted. 

■ 18. Section 87.303 is amended by 

revising paragraph (d)(1) and adding 

paragraph (d)(4) to read as follows: 

§ 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 noninterfering 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 

■ 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. 

■ 20. Section 90.265 is amended by 

revising paragraph (b) introductory text 

and paragraph (b)(1) to read as follows: 

§ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 170223197–7311–01] 

RIN 0648–XF605 

International Fisheries; Pacific Tuna 

Fisheries; 2017 Bigeye Tuna Longline 

Fishery Closure in the Eastern Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is temporarily closing 

the U.S. pelagic longline fishery for 

bigeye tuna for vessels over 24 meters in 

overall length in the eastern Pacific 

Ocean (EPO) through December 31, 

2017, because the 2017 catch limit of 

500 metric tons is expected to be 

reached. This action is necessary to 

prevent the fishery from exceeding the 

applicable catch limit established by the 

Inter-American Tropical Tuna 

Commission (IATTC) in Resolution C– 

17–01 (Conservation of Tuna in the 

Eastern Pacific Ocean during 2017). 

DATES: The rule is effective 12:00 a.m. 

local time September 8, 2017, through 

11:59 p.m. local time December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, NMFS West Coast 

Region, 562–980–4066. 

SUPPLEMENTARY INFORMATION: The 

United States is a member of the IATTC, 

which was established under the 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

Commission signed in 1949 

(Convention). The Convention provides 

an international agreement to ensure the 

effective international conservation and 

management of highly migratory species 

of fish in the IATTC Convention Area. 

The IATTC Convention Area, as 

amended by the Antigua Convention, 

includes the waters of the EPO bounded 

by the coast of the Americas, the 50° N. 

and 50° S. parallels, and the 150° W. 

meridian. 

Pelagic longline fishing in the EPO is 

managed, in part, under the Tuna 

Conventions Act as amended (Act), 16 

U.S.C. 951–962. Under the Act, NMFS 

must publish regulations to carry out 

recommendations of the IATTC that 

have been approved by the Department 

of State (DOS). Regulations governing 

fishing by U.S. vessels in accordance 

with the Act appear at 50 CFR part 300, 

subpart C. These regulations implement 

IATTC recommendations for the 

conservation and management of highly 

migratory fish resources in the EPO. 

In 2017, the IATTC adopted 

Resolution C–17–01, which establishes 

an annual catch limit of bigeye tuna for 

longline vessels over 24 meters. For 

calendar year 2017, the catch of bigeye 

tuna by longline gear in the IATTC 

Convention Area by fishing vessels of 

the United States that are over 24 meters 

in overall length is limited to 500 metric 

tons per year. With the approval of the 

DOS, NMFS implemented this catch 

limit by notice-and-comment 

rulemaking under the Act (82 FR 17382, 

April 11, 2017, and codified at 50 CFR 

300.25). 

NMFS, through monitoring the 

retained catches of bigeye tuna using 

logbook data submitted by vessel 

captains and other available information 

from the longline fisheries in the IATTC 

Convention Area, has determined that 

the 2017 catch limit is expected to be 

reached by September 8, 2017. In 

accordance with 50 CFR 300.25(a), this 

Federal Register notice announces that 

the U.S. longline fishery for bigeye tuna 

in the IATTC Convention Area will be 

closed for vessels over 24 meters in 

overall length starting on September 8, 

2017, through the end of the 2017 


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