Wireless - Update on Wireless Mics in the United States

[mbenonis]

The Commission has at long last directly addressed the use of Wireless Microphones in the United States. The full document (101 pages long) is available here: http://hraunfoss.fcc.gov/edocs_publi...CC-10-16A1.pdf

In a nutshell, here's what they did:

1) The FCC has granted a waiver to their rules to allow users who have 700 MHz gear to operate until June 12, 2010. That means that you can continue to use your 700 MHz wireless mics for the near future. You WILL need to stop using them by that date, and it's a (very) hard deadline. In my opinion, you should have replaced those mics by now or have a plan in place to do so.

2) The FCC has grated a waiver to their rules to allow users who operate in the VHF and UHF TV bands to operate, effective immediately and until June 12th or when new rules take effect, under Part 15 of the rules with a total power output of 50 mW. This means that your wireless systems are no longer in legal limbo.

3) The FCC has invited comment on where to go from here, and how and whether to license wireless microphone users. In addition, they invite comment on whether TV band devices (white space devices) should be on equal footing with wireless microphones, or whether microphones should be protected from interference. Finally, the commission has asked whether microphones should move to digital.

I will update my FAQ in a bit to reflect these changes. In the mean time, I encourage you to read over the FCC's Report and Order (posted above) and understand the nuances of this ruling. This is a bombshell, folks, and it's a good one for us.

Mike

[fredthe]

It appears that all of our wireless microphones in the TV band (outside of the 700 MHz band) are now legal. Additionally, we have until June 12, 2010 to move out of the 700 MHz Band. (Note, I haven't read all of it, so there may still be limitations.)

From:
http://hraunfoss.fcc.gov/edocs_publi...CC-10-16A1.pdf
Paragraph 81:

We conclude that it serves the public interest to waive two of our Part 15
rules, to permit unauthorized users of low power auxiliary stations, including wireless microphones, to
operate on an unlicensed basis under Part 15 pursuant to certain specified technical requirements, in the
700 MHz Band until June 12, 2010 and in the core TV bands until the effective date of Commission
action taken in response to the Further Notice.238 Accordingly, we waive Sections 15.201(b) and 15.209(a)239 of our Part 15 technical rules. These waivers will permit entities that operate wireless
microphones in the 700 MHz Band without the required license to continue those operations subject to
the band clearing mechanisms that we adopt in this Report and Order,240 and permit them to relocate their
operations to the core TV bands on the same Part 15 unlicensed basis. The waivers also will permit
operation of wireless microphones outside of the 700 MHz Band without the required authorization. The
operation of wireless microphones in the 700 MHz Band under these limited term waivers will be subject
to the band clearing mechanisms we adopt in this Report and Order. Thus, all entities may continue
operating wireless microphones in the 700 MHz Band until June 12, 2010, unless they must cease
operations sooner under the early band clearing mechanisms discussed above. During the temporary
waiver period, any entity that chooses to operate a wireless microphone under these waivers must comply
with the waiver conditions, including compliance with specified technical requirements that are identical
to those we are proposing in the Further Notice for the operation of wireless microphones under Part
15.241

Note: This post moved to this thread from another location.

[museav]

Via our friends at Shure, the FCC has passed legislation banning the operation of any licensed or unlicensed wireless microphone in the 698Mhz to 806Mhz spectrum starting 06/12/2010, see Operation of Wireless Mics in 700 MHz Band.

EDIT: This post moved here from another location.

[fredthe]

...the FCC has passed legislation...

Minor nit: the FCC doesn't pass LEGISLATION, only Congress can do that. The FCC had ORDERED changes to REGULATIONS, as part of a RULEMAKING, in areas that existing legislation allows them to regulate. (That's why the document linked to in the original posts is a "report and order".)

Sorry for the digression, I've been in the DC area too long, have worked too long in communications, and know too many lawyers who work with the FCC on a daily basis to ignore this.

Back on topic: I'm unclear what role Shure had in this (It may be in the R&O, but I haven't read it all yet.) We've known for a while that this (loss of the 700 MHz band) was coming, unlicensed use is always a risk. At least the FCC is recognizing that wireless mics (outside of broadcast use) are legitimate users of airwaves.

-Fred

[museav]

Minor nit: the FCC doesn't pass LEGISLATION, only Congress can do that. The FCC had ORDERED changes to REGULATIONS, as part of a RULEMAKING, in areas that existing legislation allows them to regulate. (That's why the document linked to in the original posts is a "report and order".)

You are quite correct. Along the same lines, it is not really that all wireless mics outside the 700MHz spectrum are now legal. As Mike noted the proposed legislation includes a waiver for unlicensed wireless mics operate as Part 15 devices, however that a) is only a temporary waiver until a long term solution addressing all the other issues noted can be developed, b) apparently applies only to wireless mic systems operating solely outside the 698-806MHz spectrum as the list of system affected by the 700MHz ban indicates that systems that can operate both in and out of that spectrum are being banned, c) requires that those systems be subject to interference from and avoid interference with licensed users, and d) applies only to systems under 50mW, among other technical requirements.

It is interesting that the FCC has started to address house of worship facilities using large number of wireless mics along with performance and sports venues. I wonder if anyone has presented the argument that these all represent venues where the operation of TVBD by patrons may actually interfere with the primary activities and negatively affect other patrons. It definitely seems there would be situations where external personal wireless communication would generally be a secondary, if not undesired, capability.

[Anonymous067]

What's this 50 mw talk about? In the first post, Mike mentioned something about "no more legal limbo for <50mw". So, the same rules still apply to >50 mw (for example, my PSM700 system, with 100 mw output), which is really...no rules because it's technically "not allowed"???

I'm reading it now, but if somebody can quick point me to the spot!

[SHARYNF]

In the Gov't wierd way of listing things on page 71 it SEEMS to show 250mw

Sharyn

[mbenonis]

What's this 50 mw talk about? In the first post, Mike mentioned something about "no more legal limbo for <50mw". So, the same rules still apply to >50 mw (for example, my PSM700 system, with 100 mw output), which is really...no rules because it's technically "not allowed"???

I'm reading it now, but if somebody can quick point me to the spot!

Only folks holding a license under Part 74 Subpart H of the rules can operate over 50 mW under the new FCC rules (and the rules for getting such a license have not changed, though the FCC is soliciting comment on whether to expand eligibility). That said...it's probably hard to tell from a distance whether you're running 50 mW or 100 mW. That's only a 3 dB difference.

[fredthe]

In the Gov't wierd way of listing things on page 71 it SEEMS to show 250mw

The section of regulations that Appendix B Paragraph 8 (Page 71) refers to is for Low Power Auxiliary Stations, which are the licensed wireless microphones. The only change there is to update the frequency band to stop at 698 MHz.

Appendix E (Page 89) contains the proposed rules for unlicensed wireless microphones, which are implemented (on a temporary basis) by this order. That specifies a 50 mW limit. Appendix E is what the final regulations may look like, but of course they may change.

For anyone unfamiliar with reading these types of documents, it's always important to refer back to the original Regulation to see what's being changed. You can find the FCC section (Title 47) at The Code of Federal Regulations

-Fred

[fredthe]

Darn, Mike beat me again by just minutes...

[fredthe]

Along the same lines, it is not really that all wireless mics outside the 700MHz spectrum are now legal.

From the way I read it, there are two issues:

1. You can't manufacturer, sell, etc. anything which can operate in the 700 MHz bands. This would cover any system that covers both the 700 MHz bands and "legal" bands.

2. You can't operate in the 700 MHz bands.

So, I would expect that if you own a device that can operate either in or out of the 700 MHz band, then as long as you are sure you are out of the prohibited band, you are fine (assuming it otherwise meets the appropriate requirements.) But, if you accidentally program the wrong channel, you are in trouble.

Note that the web page posted is "consumer friendly", in that if you adhere to it, you are safe. However, it does not carry the legal force of the actual regulations.

-Fred

[SHARYNF]

Technically the restriction is manufacturing for sale in the US or selling in the US the 700mhz band in used in other countries.

Sharyn

[Anonymous067]

I'm getting to point where I'm losing interest in this whole thing.
I fail to understand why this must be sooo fricking difficult. Sorry for my little rant, but I'm just losing interest, and if I could tell the FCC one thing, that's exactly what it would be...

anybody else feel the same way?

[fredthe]

I fail to understand why this must be sooo fricking difficult.

Because you're dealing with the government, known for efficiency. It's a long and painful process to revise regulations, and if they don't do it right, they are likely to get thrown out by a court.

Be glad that they are finally addressing unlicensed wireless mics, with something other than a blanket prohibition.

-Fred

[mbenonis]

From the way I read it, there are two issues:

1. You can't manufacturer, sell, etc. anything which can operate in the 700 MHz bands. This would cover any system that covers both the 700 MHz bands and "legal" bands.

2. You can't operate in the 700 MHz bands.

Yes, *after* June 12, 2010. Right now, in fact, 700 MHz is OK to operate in under Part 15.

[Chris Chapman]

I'm getting to point where I'm losing interest in this whole thing.
I fail to understand why this must be sooo fricking difficult. Sorry for my little rant, but I'm just losing interest, and if I could tell the FCC one thing, that's exactly what it would be...

anybody else feel the same way?

Unfortunately if you have to deal with Wireless gear you HAVE to pay attention to this ruling. It effects the legacy gear you already may own and any gear you may be purchasing in the future.

To ignore it invites so many problems; the least being signal bleed from other sources, and the greatest being cited and fined by the FCC. Or vise versa depending on what you care about.

[photoatdv]

Fortunately I am no longer at my high school that has a bunch of 700mHz wireless... knowing them they'd totally screw stuff up with this.

I was talking to a sound tech the other day who said he had no plans to stop using 700mHz mics unless the interference got too bad... the interesting part is what the FCC decided to do about this (pretty sure more than a few people plan to do this, or don't even know there's a change).

[fredthe]

It is interesting that the FCC has started to address house of worship facilities using large number of wireless mics along with performance and sports venues. I wonder if anyone has presented the argument that these all represent venues where the operation of TVBD by patrons may actually interfere with the primary activities and negatively affect other patrons. It definitely seems there would be situations where external personal wireless communication would generally be a secondary, if not undesired, capability.

It seems that Congress may be taking the lead in this, by forcing the FCC to allow most wireless mic users to be added to the TVBD database:
House bill would require FCC to authorize wireless mic database
Text of the bill is here:
Search Results - THOMAS (Library of Congress)

-Fred

[mbenonis]

I was talking to a sound tech the other day who said he had no plans to stop using 700mHz mics unless the interference got too bad... the interesting part is what the FCC decided to do about this (pretty sure more than a few people plan to do this, or don't even know there's a change).

It's very unfortunate that there are people holding this view. They may get a way with it for a while, but if a 700 MHz licensee (like Verizon, or a first responder organization) gets wind of it they may file a complaint with the FCC and the poor sound engineer is going to (potentially at worst case) get an $11k fine per transmitter the FCC finds operating illegally and get his gear taken away.

[fredthe]

It's very unfortunate that there are people holding this view.

I have to agree with Mike, and I offer a slightly different take:

While you might not care what you do to Verizon's network, what happens when a fireman responding to a fire at your theater can't communicate because of your illegal wireless microphones?

-Fred

[mbenonis]

It seems that Congress may be taking the lead in this, by forcing the FCC to allow most wireless mic users to be added to the TVBD database:
House bill would require FCC to authorize wireless mic database
Text of the bill is here:
Search Results - THOMAS (Library of Congress)

-Fred

Shure's pulling the strings here. Note the bill's sponsor--rep from Il.

[museav]

So, I would expect that if you own a device that can operate either in or out of the 700 MHz band, then as long as you are sure you are out of the prohibited band, you are fine (assuming it otherwise meets the appropriate requirements.) But, if you accidentally program the wrong channel, you are in trouble.

This was a question leading up to this latest R&O and as I noted earlier, if you look at the addressing of specific products (Operation of Wireless Mics in 700 MHz Band) it appears that in many cases the decision was to prohibit devices that could operate within the 698-806MHz spectrum.

A couple of other clarifications as I understand it. I believe that the actual ruling is that wireless mics in the 700MHz spectrum can continue to operate until June 12, 2010 with the caveats that a) they still operate as secondary users (must accept and not cause interference from the primary users) and b) may be requested to cease operations before that date. I am speculating that the latter may be related to any primary licensed user initiating services in that spectrum before the June 12, 2010 date.

As far as wireless mics outside the 700MHz spectrum, I reiterate that the waiver to allow operation as Part 15 devices is a) only a temporary waiver until a long term solution addressing all the other issues noted can be developed, b) still requires that systems be subject to interference from and avoid interference with licensed users and c) applies only to systems under 50mW, among other technical requirements.

Finally, I have heard rumors from some reliable sources that the FCC has greatly expanded and improved their compliance capabilities. Combine that with the spectrum rights holders likely being more proactive in assessing and enforcing compliance than in the past and the chances of violations being identified and enforced may be significantly greater now than ever. And as I once heard a Judge say, "Ignorance of the law is no excuse.", not knowing about these changes may affect the fines assessed but will not serve and a defense of a violation occurring.

[SHARYNF]

Ignorance of the Law generally applies in criminal proceedings. In civil issues things tend to get mitigated by ignorance, vs willful violation

Where did you see the 50mw limitation, I saw a listing that seemed to show 250mw?

Sharyn

[fredthe]

Where did you see the 50mw limitation, I saw a listing that seemed to show 250mw?

Appendix E. 250 mW applies only to licensed users.

For the discussion, see paragraph 116 on page 52 of the R&O.

Also, see my earlier post http://www.controlbooth.com/forums/s...tml#post162689

-Fred

[fredthe]

I just read some more of the R&O (good for insomnia...) and there are a couple more points that should be highlighted.

- In the discussion about making current unlicensed users "legal" under part 15, they state that the technical requirements will be the same as those for licensed users (part 74, with the exception of a lower power limit.) So, if you are using equipment that could be licensed (if you were eligible) then you are fine. But, if you are using equipment that doesn't meet the technical requirements of part 74, you are out of luck. I expect most equipment meets this, but some may not.

- In adopting the part 74 technical requirements, there will be defined distances on now far you need to be from a TV broadcaster to be allowed use their channel, it's no longer just "if it works".

· Channels 2-4 (54-72 MHz) and 5-6 (76-88 MHz)
Zone I: 105 km (65 miles)
Zones II and III: 129 km (80 miles)
· Channels 7-13 (174-216 MHz)
Zone I: 97 km (60 miles)
Zones II and III: 129 km (80 miles)
Channels 14-36 (470-608 MHz) and 38-51 (614-698 MHz)
All zones: 113 km (70 miles)
(Zones are areas of the US, see http://www.fcc.gov/oet/info/maps/tvzones/ for map.)

- Though they recognize it as an issue, they are not addressing interference from TV Band Devices as a part of this NPRM.

we do not address herein the specific issues raised in the petitions for reconsideration of the rules regarding wireless microphone operations and TV Band Devices.

Note: The above is what they are considering. For the moment, you can keep using what you have (until June 12, if it's above 698 MHz), until they make the final ruling.

-Fred

[museav]

In regards to TVBD and many other issues, the R&O seems to spend as much of the text summarizing and itemizing already identified issues that still need to be resolved as it does on anything else.

[mbenonis]

Time for churches to "come to Jesus" on illegal wireless mics

ArsTechnica wrote a very good article on this very subject. They don't stress the temporary waiver aspect enough in my opinion, but otherwise they are pretty much on the mark. It's also written to a nontechnical audience, so you might pass this article around to the powers-that-be.

[SHARYNF]

Considering the just made Supreme court decision re companies being able to make virtually unlimited contributions to Politicians, who know what the next few months will bring. As with everything these days in Washington, it all comes down to lobbying

Sharyn