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Rule2024-23959

Wireless Microphones in the TV Bands, 600 MHz Guard Band, 600 MHz Duplex Gap, and the 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

Primary source

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Published

October 18, 2024

Effective

November 18, 2024

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) revises the technical rules for low-power auxiliary station (LPAS) devices to permit a recently developed type of wireless microphone system, termed herein as a Wireless Multichannel Audio System (WMAS), to operate in the broadcast television (TV) bands and other LPAS frequency bands on a licensed basis. The Commission adopts technical rules for licensed WMAS operations in specific frequency bands under our LPAS rules and also permits WMAS to operate on an unlicensed basis under the rules in the TV bands and 600 MHz duplex gap. The Commission updates its existing LPAS and technical rules for wireless microphones, which already rely on certain European Telecommunications Standards Institute (ETSI) standards, to incorporate the latest version of that standard where appropriate. Finally, the Commission updates the wireless microphone rules to reflect the end of the post-Incentive Auction transition period. The Commission's goal in the FCC document is to increase wireless microphone spectral efficiency and enable more intensive use in the spectrum available for such operations.

Full Text

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[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Rules and Regulations]
[Pages 83789-83800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23959]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 74

[ET Docket No. 21-115; RM-11821; FCC 24-22; FR ID 207656]

Wireless Microphones in the TV Bands, 600 MHz Guard Band, 600 MHz
Duplex Gap, and the 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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission
(Commission) revises the technical rules for low-power auxiliary
station (LPAS) devices to permit a recently developed type of wireless
microphone system, termed herein as a Wireless Multichannel Audio
System (WMAS), to operate in the broadcast television (TV) bands and
other LPAS frequency bands on a licensed basis. The Commission adopts
technical rules for licensed WMAS operations in specific frequency
bands under our LPAS rules and also permits WMAS to operate on an
unlicensed basis under the rules in the TV bands and 600 MHz duplex
gap. The Commission updates its existing LPAS and technical rules for
wireless microphones, which already rely on certain European
Telecommunications Standards Institute (ETSI) standards, to incorporate
the latest version of that standard where appropriate. Finally, the
Commission updates the wireless microphone rules to reflect the end of
the post-Incentive Auction transition period. The Commission's goal in
the FCC document is to increase wireless microphone spectral efficiency
and enable more intensive use in the spectrum available for such
operations.

DATES: This rule is effective November 18, 2024. The incorporation by
reference of certain material listed in this rule is approved by the
Director of the Federal Register as of November 18, 2024.

FOR FURTHER INFORMATION CONTACT: Hugh VanTuyl of the Office of
Engineering and Technology, at <a href="/cdn-cgi/l/email-protection#c48cb1a3acea92a5aa90b1bda884a2a7a7eaa3abb2"><span class="__cf_email__" data-cfemail="11596476793f47707f4564687d517772723f767e67">[email&#160;protected]</span></a> or 202-418-7506.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket No. 21-115 and RM-11821; FCC 24-22, adopted and
released on February 15, 2024. The full text of this document is
available for public inspection and can be

[[Page 83790]]

downloaded at: https://<a href="https://docs.fcc.gov/public/attachments/FCC-24-22A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-22A1.pdf</a>. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to <a href="/cdn-cgi/l/email-protection#04424747313430446267672a636b72"><span class="__cf_email__" data-cfemail="72343131474246321411115c151d04">[email&#160;protected]</span></a> or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Procedural Matters

Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (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.'' Accordingly, we have prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in the Report and Order on small entities. The FRFA
is set forth in Appendix C of the FCC document, <a href="https://docs.fcc.gov/public/attachments/FCC-24-22A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-22A1.pdf</a>.
Paperwork Reduction Act. The Report and Order does not contain new
or modified information collection requirements subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition,
therefore, it does not contain any new or modified information
collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of the Report and Order to Congress and the Government
Accountability office, pursuant to 5 U.S.C. 801(a)(1)(A).
Accessing Materials. People with Disabilities: To request materials
in accessible formats for people with disabilities (braille, large
print, electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="41272222747175012722226f262e37">[email&#160;protected]</a>
or call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
Incorporation by Reference. Incorporation by reference (IBR) is the
process that federal agencies use when referring to materials published
elsewhere to give those materials the same force and effect of law in
the Code of Federal Regulations (CFR) as if the materials' text had
actually been published in the Federal Register. By using IBR, the
Commission is able to give effect to technical instructions, testing
methodologies, and other process documents that are developed and owned
by standards development organizations. Referencing these documents in
the Commission's rules in accordance with requirements established by
the Office of the Federal Register substantially reduces the volume of
material that the Commission otherwise would have to publish in the
Federal Register and the CFR. Once the Commission has completed any
necessary notice-and-comment rulemaking proceedings and determined
based on the record that any standards the Commission adopts is sound
and appropriate, the Commission need only update the references to the
standards in the Commission's rules.

Synopsis

The Commission amends the part 74 low-power auxiliary station
(LPAS) technical rules to permit the use of Wireless Multichannel Audio
Systems (WMAS) in most of the frequency bands where wireless
microphones are currently permitted to operate. WMAS devices uses wider
channelization than currently is permitted for wireless microphones
under part 74, along with a more efficient operating protocol, that can
enable more microphones to be deployed within the same amount of
spectrum. Specifically, the Commission adopts a definition of WMAS and
specifies the frequency bands in which WMAS will be permitted, along
with the technical requirements (spectral efficiency, channel
bandwidth, maximum output power, and emission masks) that govern the
operation of these systems on a licensed basis under part 74. The
Commission adopts technical rules for WMAS consistent with the recently
updated, i.e., 2021, European Telecommunication Standards Institute
(ETSI) standard for WMAS. The Commission also updates its existing
technical rules for currently authorized part 74 LPAS wireless
microphones, which already rely on certain ETSI standards, to require
the applicable portions of the 2021 ETSI standard for WMAS. In
addition, the Commission revises the part 15 technical rules for
unlicensed wireless microphone devices that operate in the TV bands and
the 600 MHz duplex gap to permit WMAS operations in those bands and to
require use of the 2021 ETSI standard. Finally, the Commission makes
minor updates to the part 15 and part 74 rules to reflect the end of
the post-Incentive Auction transition. The existing licensing
mechanisms and eligibility requirements under part 74 subpart H of the
Commission's rules remain unchanged.
At the time the Commission released the Notice, the latest ETSI
standard for wireless microphones was the version released in 2017, but
the Commission noted the possibility that ETSI could further update its
standard during the pendency of the FCC document. The standard was
updated in November 2021 after the Commission released the NPRM (86 FR
35046, July 1, 2021). In assessing the changes between the 2017 and
2021 versions, the Commission finds that none of the changes affecting
the parts of the standard that pertain to the FCC proceeding were of a
substantive nature; thus, the changes between the two versions does not
affect the overall proposals or the nature of the record. Consistent
with the Commission current practices regarding the ETSI wireless
microphone standard, the Commission will continue to require only
specific portions in its rules, i.e., the transmit emission masks and
spurious emission limits. As noted, the Commission finds that there are
no significant differences between the 2017 and 2021 ETSI standards in
that regard. Several parties recognize the pending update to the ETSI
standard in their comments and explicitly support adoption of the 2021
version.
The OFR has regulations concerning incorporation by reference.
These regulations require that, for a final rule, agencies must discuss
in the preamble to the final rule the way in which materials that the
agency incorporates by reference are reasonably available to interested
parties, and how interested parties can obtain the materials.
Additionally, the preamble to the final rule must summarize the
material. Sections 15.236(g), 74.861(d)(4), and (e)(7) of the final
rules require certain wireless microphones to comply with the transmit
emission masks and spurious emission limits in European
Telecommunications Standards Institute (ETSI) standard EN 300 422-1
V2.2.1 (2021-11): Wireless Microphones; Audio PMSE up to 3 GHz; Part 1:
Audio PMSE Equipment up to 3 GHz; Harmonised Standard for access to
radio spectrum. This standard specifies the technical characteristics
and methods of measurements for ``audio programme making and special
events'' (PMSE) equipment operating with up to 250 mW output power on
radio frequencies up to 3 GHz. PMSE equipment within the scope of this
standard is equipment that is used in wireless applications for

[[Page 83791]]

audio transmission purposes including, but not limited to, wireless
microphones, in-ear monitoring systems, conference systems, talkback
systems, tour guide systems, cognitive PMSE, Wireless Multichannel
Audio Systems (WMAS), and assistive listening devices. ETSI EN 300 422-
1 V2.2.1 (2021-11) is available from ETSI at 650 Route des Lucioles, F-
06921 Sophia Antipolis Cedex, France. It may be downloaded at no charge
from ETSI at: <a href="https://www.etsi.org/deliver/etsi_en/300400_300499/30042201/02.02.01_60/en_30042201v020201p.pdf">https://www.etsi.org/deliver/etsi_en/300400_300499/30042201/02.02.01_60/en_30042201v020201p.pdf</a>.

Revisions to the Part 74 LPAS Rules To Authorize WMAS

Definition of WMAS

The Commission adopts the WMAS definition in the 2021 ETSI
standard, ``wireless audio transmission systems using digital broadband
transmission techniques for microphone and in-ear monitor systems
applications, and other multichannel audio PMSE use, e.g. with the
ability to support three or more audio channels per MHz,'' with two
modifications. The Commission does not include the term ``PMSE,'' which
is not used in the Commission rules and is not needed because the part
74 rules already define the device categories to which the rules apply.
The Commission also does not include the phrase concerning ``the
ability [of WMAS] to support three or more audio channels per MHz''
since that is listed merely as an example in the definition, but the
Commission separately specifies a similar spectral efficiency
requirement in the rules. Accordingly, for purposes of parts 15 and 74,
the Commission defines ``Wireless Multichannel Audio Systems'' as
``[w]ireless audio transmission systems using broadband digital
transmission techniques for microphone and in-ear monitor system
applications and other multichannel audio use.'' The Commission
believes that this definition will encompass the types of WMAS devices
that manufacturers are developing, and is consistent with several
commenters' requests to adopt a WMAS definition similar to ETSI's
definition.

Frequency Bands of Operation

The Commission permits WMAS to operate on a licensed basis in all
of the bands it proposed in the Notice, specifically, the VHF-TV bands
(54-72 MHz, 76-88 MHz, and 174-216 MHz), the UHF-TV band (470-608 MHz),
the 653-657 MHz segment of the 600 MHz duplex gap, and the 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. Several of these bands,
including the TV bands, allow for WMAS channel sizes of 6 megahertz or
greater, while the smaller bands (the 653-657 MHz segment of the duplex
gap, the 952.850-956.250 MHz band, and the 956.45-959.85 MHz) each
contain three to four megahertz of spectrum. While Sennheiser argues
that WMAS works best with at least 6 megahertz of spectrum, it and
other parties indicate that WMAS can work with a lesser amount.
The Commission disagrees that it should prohibit either WMAS or the
types of wireless microphones currently permitted under part 74 from
operating in the 6875-6900 MHz and 7100-7125 MHz bands that are
available for use by low power indoor Unlicensed National Information
Infrastructure (U-NII) devices under part 15 of the rules. The
Commission first permitted licensed wireless microphones to use these
bands in the 2015 Wireless Microphones R&O, 80 FR 71702, November 17,
2015, which was intended to accommodate the future needs of wireless
microphones by making additional spectrum available where they could
operate. Some parties now argue that the 6875-6900 MHz and 7100-7125
MHz bands should be removed from the list of frequencies available for
licensed wireless microphone operations because the bands are not
heavily used by wireless microphones at this time, retaining these
bands creates regulatory uncertainty, and wireless microphones
operating at these frequencies may have limited range as compared to
wireless microphones in other bands. However, such a decision is beyond
the scope of this order as the Commission did not seek comment in the
Notice on the removal of the 6875-6900 MHz and 7100-7125 MHz bands from
the list of bands available for part 74 wireless microphones. In any
event, the Commission does not believe that the relatively low current
usage of these bands is a reason to remove them since they provide 50
megahertz of spectrum that could accommodate licensed wireless
microphones at locations where additional spectrum capacity for
microphones may be needed.
Moreover, other parties express concern that WMAS operations in the
6875-6900 MHz and 7100-7125 MHz bands could negatively impact
unlicensed devices and recommend that WMAS not be permitted to operate
in those bands or that the WMAS power level be limited to reduce the
potential for harmful interference. Because the Commission established
rules for licensed wireless microphones in these bands prior to the
2020 6 GHz Report and Order, 85 FR 31390, May 26, 2020, that
established rules for unlicensed devices in these bands, parties
developing or operating unlicensed devices were already aware that they
will have to share spectrum with licensed wireless microphones
operating at power levels up to one watt. Allowing WMAS to operate in
the 6875-6900 MHz and 7100-7125 MHz bands in addition to the part 74
wireless microphones currently permitted will not negatively impact
unlicensed operations as some parties suggest. As discussed below, WMAS
must comply with the same power limit as other part 74 wireless
microphones in the 6875-6900 MHz and 7100-7125 MHz bands, i.e., one
watt, but the Commission is establishing a wider 20-megahertz maximum
allowable bandwidth for WMAS. Therefore, WMAS power spectral density
(PSD) in these bands will be lower than that permitted by the current
rules, so the interference potential of WMAS to unlicensed devices will
be lower than current wireless microphones. Further, as parties noted,
the wireless microphone operating range in the 6875-6900 MHz and 7100-
7125 MHz bands is short, which means that the distance at which
unlicensed devices could potentially receive harmful interference from
them is also short. And finally, the Commission notes that unlicensed 6
GHz devices in that band are limited to low-power-indoor devices. These
devices are required to incorporate a contention-based protocol that
will help promote co-existence with other band users, including
wireless microphone users. For these reasons, the Commission disagrees
that the decision to permit WMAS and other part 74 wireless microphones
to operate in the 6875-6900 MHz and 7100-7125 MHz bands will create
regulatory uncertainty for manufacturers and users of unlicensed
devices in these bands.
The Commission disagrees with ViacomCBS that it should prohibit
WMAS from operating in the UHF-TV band or make WMAS operations
secondary to narrowband wireless microphones. The UHF-TV band has
historically been used by wireless microphones for reasons such as good
signal propagation and compact device size, and multiple parties
support its use by WMAS. Prohibiting WMAS operation in this band would
severely reduce the public benefits that more efficient wireless
microphone systems will provide. In any event, it is not clear that
allowing WMAS in the UHF-TV band would have a significant impact

[[Page 83792]]

on narrowband wireless microphone use by broadcasters. Because the
Commission will not permit licensed WMAS to operate with any greater
power than a single licensed narrowband wireless microphone and the
wider bandwidth will result in lower PSD, the distance at which a WMAS
could interfere with other wireless microphones will be short, meaning
that any impact on narrowband wireless microphone usage will be
extremely localized. Further, under the part 74 rules, licensees
operating wireless microphones are expected to work with other nearby
licensees to avoid mutual interference, and ViacomCBS has provided no
evidence that this process would not work between licensees using WMAS
and narrowband wireless microphones. The Commission declines to make
WMAS secondary to narrowband wireless microphones and therefore gives
narrowband wireless microphones users greater spectrum rights. Such an
action could result in undesirable situations where a single licensed
narrowband wireless microphone user could preclude a more efficient
WMAS from operating, as opposed to those users being required to work
cooperatively to enable both types of wireless microphones to operate.

Licensed WMAS Technical Requirements

The Commission adopts technical requirements for WMAS devices
operating on a licensed basis under part 74 of the rules. While the
current part 74 rules for wireless microphones are based on narrower
bandwidths than those required for WMAS, the Commission permits wider
bandwidths for WMAS at no higher power levels than the current rules
permit and specify emission masks for these devices.

Bandwidth

The Commission permits licensed WMAS to operate with a maximum
bandwidth of 6 megahertz in the VHF-TV and UHF-TV bands specified in
part 74 of the rules. This corresponds to the size of a TV channel and
is supported by the record. The Commission also adopts its proposal to
require a WMAS device to operate entirely within a single 6 MHz channel
and not span parts of two adjacent channels to promote more efficient
spectrum sharing between narrowband wireless microphones, WMAS, and
white space devices. WMAS devices operating in the 4 megahertz portion
of the 600 MHz duplex gap available to licensed wireless microphones
will be limited to the width of that band.
Outside of the TV bands and 600 MHz duplex gap, the Commission
permits WMAS to operate with bandwidths up to 20 megahertz in spectrum
bands where licensed microphone use is permitted by the part 74 rules
and that contain sufficient spectrum, consistent with the 2021 ETSI
standard, which requires a WMAS bandwidth that is less than or equal to
20 megahertz. Wireless microphones operating in bands that are less
than 20 megahertz wide will be limited to the width of those bands. If
ETSI adopts a standard in the future permitting bandwidths greater than
20 megahertz and the Commission, after notice and comment, adopts that
standard and makes corresponding amendments to the rules, parties will
be permitted to operate WMAS with wider bandwidths in frequency bands
that contain sufficient spectrum to do so. The Commission does not
believe that a 20 megahertz bandwidth limit is overly restrictive since
there is no indication in the record that wireless microphone
manufacturers are interested in developing systems with greater
bandwidths, and in the event a party has a need to operate in a larger
amount of spectrum, it could use multiple WMAS systems. The Commission
also does not believe that allowing bandwidths of greater than 6
megahertz outside the TV bands will increase the likelihood of harmful
interference to other services or unlicensed operations. On the
contrary, as discussed in more detail below, the Commission is
requiring WMAS devices operating under part 74 to comply with the same
power limits currently in the rules, resulting in a lower power
spectral density and thus reducing the likelihood of harmful
interference to other users in the bands where WMAS operates. The
Commission declines to require WMAS devices operating in the 6875-6900
MHz and 7100-7125 MHz bands to avoid specific frequencies that could be
used for unlicensed operations because under the rules unlicensed
devices do not receive interference protection from licensed services.
However, the Commission expects that any potential impact to unlicensed
operations would be limited as wireless microphones generally only
operate over relatively short distances and are generally itinerant and
intermittent. Additionally, there are other channels in the 6 GHz band
that unlicensed devices could move to at the times that they might be
near a wireless microphone operation.
The Commission notes Sennheiser's argument that WMAS may not work
as well using bandwidths less than 6 megahertz and other parties
assertions that WMAS should not be permitted in a bandwidth of less
than 1 or 1.5 megahertz. However, the Commission declines to specify a
minimum bandwidth for WMAS devices operating in any frequency bands
because parties are developing systems that can operate in smaller
bandwidths (e.g., 1 or 2 megahertz) and the Commission does not wish to
preclude WMAS technical advancements that could allow more efficient
operation in smaller bandwidths.

Spectral Efficiency

Consistent with the 2021 ETSI standard and the suggestions of
Sennheiser and Waves, the Commission requires WMAS to have an
operational mode capable of providing at least three audio channels per
megahertz, but the Commission will not require WMAS to operate with a
specific minimum number of channels at all times. As Sennheiser notes,
WMAS allows dynamic resource allocation within a single TV channel for
improved wireless microphone efficiency, e.g., higher audio quality for
an act performing on stage, fewer resources (lower audio quality) for
an act testing equipment prior to going on stage, and even fewer
resources (intercom quality) for an act that has just finished. Because
of this ability to modify channel usage, e.g., number of channels and/
or their sizes, the Commission agrees with Sennheiser that a single
spectral efficiency metric that must be met at all times would be
inappropriate since the amount of spectrum needed can vary rapidly over
time and may not always equal or exceed three audio channels per
megahertz. Moreover, requiring a WMAS system to operate with at least
three audio channels per megahertz at all times could create other
inefficiencies and hardships for users. As noted, microphone usage
requirements vary based on specific requirements at the time a
microphone is needed. If the Commission were to require by rule that
there be at least three audio channels per megahertz in operation at
all times, then users would either need to have one or more narrowband
microphone systems installed along with a WMAS system for those times
when the spectral efficiency requirement was not being met, or the WMAS
system would have to establish a connection to microphone(s) not
actually needed at a given time just to meet the requirement. Neither
outcome is desirable as they lead either to additional cost and
complexity for users or inefficient spectrum use without any

[[Page 83793]]

corresponding benefits to the public. The Commission therefore believes
that ETSI's suggestion for WMAS to be capable of operating with three
audio channels per megahertz is more appropriate than its initial
proposal to require WMAS to meet this efficiency requirement at all
times.
The Commission recognizes the concerns of Microsoft, Lectrosonics,
and Shure/NAB/Paramount about the need for efficient spectrum use by
WMAS, but note that WMAS is expected to be high-end, and therefore
significantly more complex and expensive equipment than current
narrowband wireless microphone systems, making it likely to be used
only at events where a large number of simultaneous audio channels is
necessary. As Sennheiser indicates, WMAS' inherent design efficiencies
mean that in the vast majority of cases WMAS will operate with 24 or
more audio channels within a 6 megahertz TV channel, thereby using more
wireless microphones than required by the minimum capability mode the
Commission is requiring. Also, under the part 74 rules, licensed
wireless microphone users are required to coordinate among themselves
to ensure that they do not cause mutual interference. This required
coordination will help ensure efficient spectrum use by and promote co-
existence among parties using both WMAS and conventional narrowband
wireless microphones. Finally, the Commission notes that any potential
conflicts between WMAS and narrowband wireless microphones are likely
to raise similar scenarios as those that occur between parties
operating narrowband wireless microphones under the existing rules and
for which such users successfully manage and coordinate today, in that
a single party could operate multiple narrowband wireless microphones
that fill a single 6 megahertz TV or multiple TV channels.

Output Power

The Commission permits WMAS to operate on a licensed basis under
the part 74 rules at the same power levels currently permitted under
these rules, i.e., 50 milliwatts EIRP in the VHF-TV bands, 250
milliwatts conducted power in the UHF band, 20 milliwatts EIRP in the
600 MHz duplex gap, 250 milliwatts conducted power in the 1435-1525 MHz
band, and 1 watt conducted power in all other bands. These power levels
are supported by the record. Because the Commission is permitting WMAS
to operate with wider bandwidths than the part 74 rules currently
permit, the power spectral density for WMAS, which will operate using
wider bandwidths than that used for narrowband wireless microphones,
will be lower than for a single narrowband wireless microphone, and
therefore significantly lower than when multiple narrowband wireless
microphones operate within a single channel. This will result in a
decreased potential for WMAS to cause harmful interference to other
users in the bands where they operate, including broadcast TV, licensed
and unlicensed wireless microphones (narrowband or WMAS), unlicensed
white space devices, and aeronautical mobile telemetry (AMT) operations
in the 1435-1525 MHz band.
The Commission declines to modify the rules to remove the
inconsistency in the power specification for licensed wireless
microphones in the TV bands (EIRP in the VHF-TV bands and conducted
power in the UHF-TV band). Wireless microphone manufacturers argue that
there is no need for changes, and Microsoft does not indicate any
specific harms from maintaining the current rules. Because no party has
shown a need to modify the rules, the Commission retains the current
power specifications for part 74 wireless microphones in the TV bands
without change.

Emission Mask and Spurious Emission Limits

The Commission requires WMAS operating under part 74 to comply with
the emission mask and spurious emission limits in ETSI EN 300 422-1
(2021). Specifically, emissions within the band from 2.5 x B below to
2.5 x B above the carrier frequency, where B is the channel bandwidth,
shall comply with the emission mask in Figure 3 of section 4.2.4.2.2 of
ETSI EN 300 422-1 V2.2.1 (2021-11); and emissions outside of this mask
shall comply with the spurious emission limits specified in section
4.2.4.1.2 of ETSI EN 300 422-1 V2.2.1 (2021-11). This mask and these
emission limits will protect licensed operations in adjacent bands from
WMAS operations, including broadcast TV and licensed wireless
microphones, and will enable coexistence with unlicensed operations,
including white space devices and unlicensed wireless microphones.
Wireless microphone manufacturers support these requirements. While
Microsoft expresses concern about adopting ETSI standards finalized
after the 2017 standard, the Commission observes that there is no
significant differences in the WMAS emission mask and the spurious
emission limits between the 2017 standard and the 2021 standard.
Specifically, both the 2017 and 2021 masks are identical up to a
frequency offset 2.5 times the WMAS bandwidth above and below the
carrier, which for WMAS on a 6-megahertz TV channel covers the
operating channel as well as the upper and lower first and second
adjacent TV channels. The only difference between the masks is the
point at which a WMAS must comply with the ETSI spurious emission
limits (more than 2.5 times the WMAS bandwidth removed from the carrier
in the 2021 standard, as opposed to 5 times the WMAS bandwidth from the
carrier in the 2017 standard). Microsoft raises no objection to the use
of the mask in the ETSI 2021 standard in response to wireless
microphone manufacturers' filings in support of this standard.
The spurious emission limits are specified differently in the 2021
ETSI standard than in the 2017 standard (in dBm rather than microwatts
or nanowatts), but the limits themselves are equivalent. Because the
ETSI spurious emission limit in the TV bands is generally more
stringent than the limit at the edge of the WMAS emission mask, and
because the 2021 mask covers a narrower frequency range, the emission
mask in the 2021 ETSI standard will provide slightly greater protection
to operations in adjacent bands than the 2017 ETSI mask since the lower
spurious emission limits apply at a lesser frequency separation from
the carrier. In addition, the ETSI spurious emission limit generally
provides greater protection than the part 15 out-of-band emission
limits. Thus, incorporating the 2021 ETSI WMAS emission mask and
spurious emission limits instead of those in the 2017 standard will not
result in any increased likelihood of harmful interference to
operations in adjacent bands, including other wireless microphones and
unlicensed white space devices.
The Commission declines to require wireless microphones, either
narrowband or WMAS, to comply with the ETSI intermodulation distortion
limits, as suggested by Shure and Sennheiser. The Commission's rules do
not currently specify any comparable type of limits for wireless
microphones, so requiring wireless microphones to comply with these
limits would be a new requirement. The record does not indicate
specific benefits associated with adopting this requirement, and there
is no information on potential costs or other burdens, such as
increased complexity for certification testing or the need for
manufacturers to redesign equipment to comply with a new requirement.
The Commission notes Wave's assertion that the 2021 ETSI standard
contains errors in the measurement

[[Page 83794]]

procedure for determining compliance with the emission mask. To the
extent that Waves believes that there are errors, it should work with
ETSI to address its concerns. However, in response to Wave's request
that the Commission permit alternative measurement procedures for
determining compliance, the Commission notes its rules already provide
flexibility in the measurement procedures that parties may use in
preparing data for an application for certification. Specifically, test
data must be measured in accordance with (1) bulletins or reports
prepared by the Commission's Office of Engineering and Technology
(OET); (2) those procedures acceptable to the Commission and published
by national engineering societies; or (3) any other measurement
procedure acceptable to the Commission. Thus, the rules have provisions
that could allow Waves to use a procedure that is a variation of, or an
alternative to, the 2021 ETSI measurement procedure for determining
compliance with the emission mask. If Waves wishes to do so, it should
contact OET prior to applying for certification to determine whether
its proposed alternative measurement procedures are acceptable to the
Commission.

Updating Technical Rules for Existing Part 74 LPAS Wireless Microphones
to Revised ETSI Standards

The Commission will require analog and digital narrowband (i.e.,
non-WMAS) wireless microphones operating under part 74 for which an
application for certification is filed on or after the effective date
of the rules to comply with the emission masks and spurious emission
limits in ETSI EN 300 422-1 (2021). Specifically, emissions within the
band from 2.5 x B below to 2.5 x B above the carrier frequency, where B
is the channel bandwidth, shall comply with either the emission mask in
Figure 1 (analog) or Figure 2 (digital) of section 4.2.4.2.2 of ETSI EN
300 422-1 V2.2.1 (2021-11); and emissions outside of this mask shall
comply with the spurious emission limits specified in section 4.2.4.1.2
of ETSI EN 300 422-1 V2.2.1 (2021-11). These masks and emission limits
will protect licensed operations in adjacent bands, including broadcast
TV and licensed wireless microphones, and will enable coexistence with
unlicensed operations, including white space devices and unlicensed
wireless microphones. In addition, incorporating the latest ETSI
emission masks and spurious emission limits into the rules will
harmonize certain Commission wireless microphone requirements with
those used in other parts of the world, which will reduce the number of
different regulatory requirements with which manufacturers must comply,
reducing development and manufacturing costs as well as costs to
consumers. While Microsoft expresses concern about adopting ETSI
standards finalized after the 2017 standard, the Commission observes
that the differences between the narrowband emission masks in the 2017
standard and in the 2021 standard are not significant and would not
increase the potential for harmful interference to operations in
adjacent bands, such as unlicensed white space devices. The Commission
therefore adopts the 2021 ETSI standard for narrowband emission masks.
As discussed above, the 2021 ETSI standard for spurious emission limits
is equivalent to the 2017 standard, so the Commission requires
narrowband wireless microphones to comply with the spurious emission
limits in the 2021 ETSI standard. Because there are no significant
differences between the 2021 ETSI standard and the 2011 ETSI standard
currently referenced in the rules, and because no party indicated that
there is a need for a significant transition period to comply with the
2021 ETSI standard, the Commission will make the rule changes
referencing the 2021 standard effective 30 days after publication in
the Federal Register. Applications for certification for part 74
narrowband wireless microphones filed on or after that date must
demonstrate compliance with the 2021 ETSI standard, although
manufacturers may begin to use it sooner if they choose.

Revisions to the Technical Rules for Part 15 Unlicensed Wireless
Microphone Operations in the TV bands, the 600 MHz Guard Band, and the
600 MHz Duplex Gap

Unlicensed WMAS Operation Under Part 15

Frequency Bands
The Commission will permit WMAS to operate on an unlicensed basis
under part 15 in the VHF-TV and UHF-TV bands and in the upper 6-
megahertz segment of the 600 MHz duplex gap (657-663 MHz), under the
same definition of WMAS that it adopts for licensed WMAS. As Shure
notes, there are many professional applications for wireless
microphones where the operator is not eligible for a part 74 license
because it does not use 50 or more wireless microphones. Thus, the
benefits of WMAS cannot be fully realized unless the Commission allows
WMAS to operate on an unlicensed basis in addition to a licensed basis.
The Commission agrees with Sennheiser that WMAS allows for more
efficient use, i.e., fewer TV channels are required for large events
that use a large number of wireless microphones, thus making more
spectrum available for other applications, such as narrowband (non-
WMAS) wireless microphones and white space devices. The Commission is
not permitting unlicensed WMAS to operate in the 600 MHz guard band
(614-616 MHz) since no party indicated that there is a need to do so.
The Commission disagrees with Lectrosonics and ViacomCBS on
limiting WMAS to licensed part 74 operations only. Similar to licensed
WMAS operations, unlicensed WMAS operations are unlikely to cause
harmful interference to licensed wireless microphones since the wider
bandwidth will result in a low PSD, limiting the range at which
interference could occur. WMAS operating under part 15 must not cause
harmful interference to licensed operations, including licensed
wireless microphones, so in the event a part 15 WMAS system causes
harmful interference to a licensed wireless microphone, the part 15
system would have to move to a different frequency or cease operation.
It should not be difficult for a licensed wireless microphone user to
locate an unlicensed WMAS system that causes interference since the
range at which a system could cause interference to licensed wireless
microphones will be short, and a WMAS system a short distance away
should be easily identifiable by a large number of wireless microphones
communicating with a sophisticated centralized base station. With
regard to ViacomCBS' concern about efficient spectrum use, unlicensed
WMAS will be subject to the same spectral efficiency requirements as
licensed WMAS, and there is no evidence in the record that unlicensed
WMAS operations will be less efficient than licensed. Furthermore, in
response to NCTA's request that the Commission limits eligibility to
operate WMAS in the 6 GHz band to part 74 licensees, the Commission
notes that unlicensed WMAS are not authorized in the 6875-6900 MHz and
7100-7125 MHz bands since only entities with a part 74 license are
eligible to operate wireless microphones in those bands.
The Commission disagrees with Microsoft that it should prohibit
unlicensed WMAS in the TV bands due to the potential impact on white
space devices, particularly personal/portable devices. As an initial
matter, there are currently no certified personal/portable white space
devices. However, the Commission's decision to allow unlicensed WMAS in
the TV bands does

[[Page 83795]]

not change the relationship between any future personal/portable white
space devices and unlicensed wireless microphones. That is, both types
of devices must share spectrum in the TV bands on an equal basis;
neither type of device has priority over the other. As discussed below,
unlicensed WMAS will operate with no greater power than the rules
currently permit for two narrowband unlicensed wireless microphones, so
the impact of unlicensed WMAS on white space devices will be no greater
than two narrowband wireless microphones, and will be significantly
less than if many narrowband wireless microphones operate
simultaneously within a single TV channel as the rules currently
permit. Because personal/portable white space devices may operate with
up to 100 milliwatts EIRP in the TV bands, the same maximum power at
which unlicensed WMAS could operate, personal/portable white space
devices would have at least as much impact on unlicensed WMAS as
unlicensed WMAS would have on personal/portable white space devices.
There is no expectation under the rules that unlicensed WMAS would have
priority over other unlicensed uses, such as white space devices. In
the event of a conflict between two unlicensed devices, the device
operators would have to resolve the conflict among themselves by taking
actions such as changing the operating channel, reorienting antennas,
or changing location.
The Commission also disagrees with Microsoft that it needs to
consider the FCC proceeding simultaneously with the 2017 wireless
microphones notice of proposed rulemaking that sought comment on
whether the Commission should expand the eligibility for a part 74
license to additional entities, e.g., those that routinely use fewer
than 50 wireless microphones. In the event the Commission decides to
expand eligibility for part 74 licensing, that action would increase
the number of parties eligible to register wireless microphones for
protection in the white space database and thus could increase the
number of TV channels reserved for licensed wireless microphones in the
database. However, the Commission's decision to allow unlicensed WMAS
in the TV bands does not increase the number of parties eligible to
register wireless microphones and, therefore will not increase the
total number of TV channels reserved in the database. If the Commission
expands licensing eligibility, the procedure for registering a WMAS on
a TV channel by newly eligible entities would be no different than the
procedure for registering narrowband wireless microphones. In either
case, the registration process reserves an entire TV channel regardless
of whether a party registers a single narrowband wireless microphone or
a WMAS that fills an entire 6-megahertz channel. Because of the
increased spectral efficiency provided by WMAS, i.e., more wireless
microphones in a single TV channel, WMAS could actually reduce the
number of TV channels that must be reserved in the white space
database, thus leaving more vacant channels available for white space
devices.

Technical Requirements

Bandwidth. Consistent with the Commission's actions with respect to
licensed WMAS, it will permit unlicensed WMAS to operate in the VHF-TV
and UHF-TV bands with a maximum bandwidth of 6 megahertz, which
corresponds to the size of a TV channel. Also consistent with the
Commission's actions with respect to licensed WMAS, the Commission will
require unlicensed WMAS devices to operate entirely within a single 6
megahertz channel and not span parts of two adjacent channels to
promote more efficient spectrum sharing between narrowband wireless
microphones, WMAS, and white space devices. The Commission will also
permit unlicensed WMAS to operate within the 6-megahertz portion of the
600 MHz duplex gap (657-663 MHz) that is available to unlicensed
wireless microphones. As with licensed WMAS, the Commission does not
specify a minimum bandwidth for unlicensed WMAS because some parties
may choose to operate systems with smaller bandwidths (e.g., one or two
megahertz, as suggested by Shure), and the Commission does not wish to
preclude WMAS technical advancements that could allow it to operate
more efficiently with smaller bandwidths. Thus, Shure will be able to
operate its WMAS system under the rules the Commission adopts, subject
to the power limits discussed below. Because many wireless microphones
used in unlicensed applications are identical to those used in licensed
applications (except for the maximum allowable power in the UHF TV
band), establishing the same technical requirements for wireless
microphones under both parts 74 and 15 of the rules will enable
manufacturers to produce wireless microphones at lower cost since they
will not have develop multiple variations to comply with differing
regulatory requirements.
The Commission disagrees with Shure/NAB/Paramount that all
unlicensed WMAS systems should be limited to a channel size of only one
or two megahertz to enable coexistence with narrowband wireless
microphones. Such a restriction could severely limit the maximum number
of audio channels that an unlicensed WMAS could use, and the Commission
notes that other wireless microphone manufacturers, such as Sennheiser,
are developing systems that operate across the full 6 megahertz TV
channel bandwidth. Limiting the maximum permissible bandwidth of
unlicensed WMAS to one or two megahertz would not ensure that portions
of a vacant TV channel remain available for licensed narrowband
wireless microphones since an unlicensed WMAS operator could simply use
multiple one or two megahertz systems and occupy an entire 6-megahertz
TV channel. For users that require many microphones, and depending on
the usage requirements and operating protocols, employing WMAS over a
wider bandwidth channel may permit more microphones to share that
single channel than could operate on multiple smaller adjacent WMAS
channels within that single TV channel. Thus, permitting WMAS to
operate on channels up to 6 megahertz bandwidth can promote spectrum
efficiency by allowing wireless microphones to operate using fewer TV
channels than they do now since a WMAS system on a single 6 megahertz
channel could have the same or greater capacity than multiple
narrowband wireless microphones using multiple TV channels. This can
leave more spectrum available for other wireless microphone users, as
well as other spectrum users, e.g., white space devices.
The Commission does not believe that an unlicensed WMAS bandwidth
restriction is necessary to enable spectrum sharing between unlicensed
WMAS and narrowband wireless microphones used in electronic news
gathering, as NAB suggests. Based on the record, the Commission expects
that WMAS will generally be relatively expensive and complex systems
designed for events, such as concerts and live theater, where large
numbers of wireless microphones are used, and it seems unlikely that
these systems would be deployed for purposes such as covering breaking
news events, where simpler narrowband wireless microphones could be
deployed more quickly and easily. Therefore, the Commission expects
that conflicts between unlicensed WMAS and nearby narrowband wireless
microphones used

[[Page 83796]]

for electronic news gathering are unlikely to occur. And in instances
where such conflicts may occur, the Commission believes that the
disparate users should be able to easily coordinate usage as both WMAS
and narrowband microphones are generally designed with capability to
operate over multiple channels.
The Commission disagrees that the brief operational tests performed
by Shure and NAB/Paramount demonstrate that unlicensed WMAS must be
limited to a 1 or 2 megahertz bandwidth. The Commission does not
believe that this brief test, in which it appears that Sennheiser's
prototype 6-megahertz wide WMAS was placed within a few meters of a
narrowband wireless microphone receiver and resulted in purported
harmful interference at extremely short separation distances,
demonstrates a need to limit unlicensed WMAS bandwidth. It also appears
that NAB's claim that interference could occur to licensed narrowband
wireless microphones at 55 meters from unlicensed WMAS is an unlikely
occurrence. As Sennheiser notes, NAB's assumed 20 meter or more
distance from a narrowband ENG wireless microphone to its associated
receiver seems atypical for newsgathering applications. Assuming a much
shorter separation distance, such as 3 to 5 meters, which Sennheiser
suggests is more realistic, drastically reduces the distance at which
interference could occur to narrowband microphone systems from WMAS.
Also, parties operating narrowband wireless microphones in the UHF-TV
band on a licensed basis are permitted to operate with up to 250
milliwatts rather than 50 milliwatts as NAB assumed. Further, since
WMAS would typically be used at locations such as theaters and concert
halls, the emissions are generally expected to be attenuated from
building walls between an unlicensed WMAS and narrowband wireless
microphones used in ENG, further reducing the likelihood of harmful
interference.
Spectral efficiency. The Commission adopts the same spectral
efficiency requirement for unlicensed WMAS that it adopts for licensed
WMAS to help ensure consistent requirements between licensed and
unlicensed WMAS. That is, an unlicensed WMAS must have an operational
mode capable of providing at least three audio channels per megahertz,
but the Commission does not require unlicensed WMAS to operate with a
specific minimum number of audio channels at all times. As discussed
above with respect to licensed WMAS, because of WMAS' dynamic
capabilities, a single spectral usage metric would not be appropriate
since the number and quality of audio channels can vary during an event
and may not equal or exceed a specific threshold, e.g., three audio
channels in every megahertz of spectrum at every instance in time.
However, as Sennheiser indicates, WMAS spectral efficiency would
typically be significantly greater than the three audio channel per
megahertz benchmark that the Commission adopts. For these reasons, the
Commission declines to adopt a specific spectral efficiency metric that
must be met at all times, e.g., 4 audio channels per megahertz as
suggested by Shure/NAB Paramount. The Commission instead requires
unlicensed WMAS to incorporate an operational mode with the capability
of operating with three audio channels per megahertz.
Power. The Commission adopts power levels for unlicensed WMAS to
permit them to operate using different technologies developed by
different manufacturers, e.g., Shure and Sennheiser. In addition to
providing flexibility for multiple technologies, these rules address
interference concerns described in the record by minimizing the
potential for harmful interference to incumbent licensed wireless
microphone operators. The Commission permits unlicensed WMAS in the TV
bands with a bandwidth of up to 1 megahertz to operate at 50 milliwatts
EIRP, which is the same power level currently permitted for narrowband
unlicensed wireless microphones operating with a bandwidth of 200 kHz.
For unlicensed WMAS in the TV bands with a bandwidth of 1 to 2
megahertz, the Commission permits operation at up to 100 milliwatts
EIRP, which is the same as the power level permitted by the current
rules for two narrowband unlicensed wireless microphones, but is less
than the 250 milliwatt power lever permitted for licensed wireless
microphones in the UHF TV band. This higher power level is supported by
Shure and NAB/Paramount (subject to the bandwidth restrictions
discussed above), and Sennheiser does not object to it. For unlicensed
WMAS in the TV bands with a bandwidth greater than 2 megahertz and up
to 6 megahertz, the Commission also permits operation at up to 100
milliwatts EIRP. Although NAB/Fox/Paramount claim that ``the record
does not contain any request seeking greater power than the 50
milliwatt power level for unlicensed WMAS occupying an entire TV
channel, the Commission notes that Sennheiser expressly proposes a
power level of up to 100 milliwatts for unlicensed WMAS with a
bandwidth greater than or equal to 1 megahertz and up to 6 megahertz.
The Commission adopts this power level because, as Sennheiser observes,
it constitutes a ``technology-neutral approach'' that will ``allow for
different types of WMAS implementations.'' In other words, this power
level will allow manufacturers with different system designs (e.g.,
Sennheiser's with a single power level over 6 megahertz and Shure's
where the power scales with bandwidth) to market unlicensed WMAS
systems and thus benefit the public by enabling greater availability
and use of this more efficient new technology. Additionally, the
Commission believes that power level would provide flexibility for the
potential development and use of more innovative types of WMAS
technology in the future.
NAB/Fox/Paramount express concern that this 100 milliwatt power
level for unlicensed WMAS operating in the TV bands with a bandwidth
greater than 2 megahertz and up to 6 megahertz could pose a risk of
harmful interference to broadcasters' existing wireless microphones.
However, the Commission does not believe this would be the case.
Operation at this higher power level will be limited to WMAS, which has
significantly greater spectral efficiency than narrowband wireless
microphones. Because WMAS systems are more complex and provide support
for more microphones per megahertz than traditional narrowband
microphones, the Commission expects that they will be operated at fewer
locations than narrowband wireless microphones. Moreover, because WMAS
can support many more wireless microphones in a 6-megahertz channel as
compared to the number of narrowband wireless microphones that can
operate at a location in the same bandwidth, WMAS implementations will
encumber fewer TV channels as compared to those narrowband wireless
microphone systems. Thus, in areas where unlicensed WMAS may operate,
the Commission expects more channels to be available for licensed
wireless microphones than may be available today. For these reasons,
the Commission is not convinced that, in practical use, there would be
a ``high risk of interference to broadcasters' existing licensed
wireless microphones,'' as was asserted in a recent ex parte
submission. Even at the 100 milliwatt power level the Commission adopts
for unlicensed WMAS operating with greater than 1-megahertz bandwidth,
those systems

[[Page 83797]]

will operate at a lower power spectral density than instances where
more than two narrowband wireless microphones operate within a single
TV channel and at a significantly lower power spectral density as
compared to situations where more expansive narrowband microphone usage
is necessary and could occupy an entire 6-megahertz TV channel. In
addition, WMAS's higher spectral efficiency will permit a greater
number of audio channels in a 6-megahertz TV channel than if multiple
narrowband wireless microphones are used further reducing the total
amount of spectrum needed for unlicensed operations. This reduced power
spectral density and ability to support more microphones on less
spectrum compared to narrowband wireless microphones will keep the
potential for causing harmful interference low and promote coexistence
with other spectrum users. Further, even if the Commission were to
limit unlicensed WMAS power to 50 milliwatts for systems with
bandwidths of greater 2 megahertz, as NAB/Fox/Paramount suggest, users
could still operate multiple 2-megahertz unlicensed WMAS systems at the
same location, thus resulting in a power level in a 6 megahertz channel
that exceeds the 100 milliwatt limit the Commission adopts, e.g., 200
or 300 milliwatts. In any case, wireless microphone manufacturers have
an incentive to design equipment using the lowest power necessary for
an application to conserve battery life, which will further reduce the
risk of harmful interference from unlicensed WMAS to licensed
narrowband wireless microphones. The Commission does not adopt
Sennheiser's proposal to require a WMAS base operating at a power level
greater than 50 milliwatts to remain stationary since WMAS will
generally be relatively complex systems designed for events such as
concerts and live theater, so it seems unlikely that a WMAS base would
be deployed in a non-stationary application, e.g., for covering
breaking news events.
For unlicensed WMAS operating in the upper 6-megahertz segment of
the duplex gap (657-663 MHz), the Commission is retaining the maximum
20 milliwatt EIRP limit consistent with the power level currently
permitted for narrowband wireless microphones in this frequency band.
No party requested a different power level for that band.
Emission mask and spurious emission limits. Consistent with the
Commission's action with respect to part 74 licensed WMAS, it will
require unlicensed WMAS to comply with the emission mask and spurious
emission limits in the 2021 ETSI standard. These limits will ensure
that WMAS protects operations in adjacent bands, including the
broadcast TV bands. This action will ensure consistent requirements for
both licensed and unlicensed WMAS, which will benefit manufacturers and
WMAS users by eliminating the need for manufacturers to design multiple
equipment models to comply with differing standards, thus reducing
equipment costs.

Updated ETSI Standards for Part 15

The Commission adopts the same emission masks for unlicensed analog
and digital narrowband (i.e., non-WMAS) wireless microphones as it does
for part 74 licensed wireless microphones, specifically, those in the
2021 ETSI standard. As with the Commission's action harmonizing the
emission masks for licensed and unlicensed WMAS, this action will
ensure consistency in the requirements for both licensed and unlicensed
narrowband wireless microphones, which will benefit manufacturers and
narrowband wireless microphone users by eliminating the need for
manufacturers to design multiple equipment models to comply with
varying standards, thus reducing equipment costs.

Updating Wireless Microphone Rules Following the End of the Post-
Incentive Auction Transition

Part 74. The Commission makes changes to Sec. Sec. 74.802(a),
74.861(e)(1), and 74.870(c) to reflect the frequencies currently
available for low power auxiliary stations. The Commission also
modifies Sec. 74.802(b)(1) by removing the entries for analog TV
stations from the table of TV service contours that licensed wireless
microphones must protect and correcting the upper channel number of the
UHF-TV band. Because all analog TV broadcasting ceased in 2021, it is
no longer necessary to specify these contours, and the upper channel in
the UHF-TV band is now channel 36. However, the Commission will not at
this time make additional revisions to the part 74 rules to remove all
paragraphs with transition dates that have passed. It is possible that
there are parties still in possession of wireless microphones that can
no longer be used because they operate on frequencies where operation
is now prohibited, e.g., the 600 MHz service bands, and retaining the
rules with the transition requirements can enable parties to more
easily determine which equipment may or may not be used now.
Part 15. The Commission adopts its proposals to modify Sec. 15.236
to reflect the currently available frequencies for unlicensed wireless
microphones, except it is making additional modifications to Sec.
15.236(e) by removing the entries for analog TV stations from the table
of TV service contours that unlicensed wireless microphones must
protect and correcting the upper channel number of the UHF-TV band. All
analog TV broadcasting ceased in 2021, so it is no longer necessary to
specify these contours, and the highest channel in the UHF-TV band is
now channel 36. Consistent with the Commission's actions with respect
to licensed wireless microphones, the Commission retains the transition
requirements in Sec. 15.37 so parties can more easily determine which
wireless microphones comply with the current rules, e.g., permissible
frequencies of operation.
With regard to removing Sec. 15.236(c)(6), the Spectrum Act states
that operation of unlicensed devices in the 600 MHz guard bands ``shall
rely on a database or subsequent methodology as determined by the
Commission.'' The Commission is removing the database access
requirement for unlicensed wireless microphones operating in the guard
bands (including the duplex gap) as no longer necessary since these
bands are now unavailable to licensed services nationwide. The
Commission believes that this constitutes a ``subsequent methodology''
that will ensure that unlicensed wireless microphones does not cause
harmful interference to licensed services, thus complying with the
Spectrum Act requirements. Consistent with removing the database access
requirement for unlicensed wireless microphones, the Commission also
removes references to this requirement in Sec. Sec. 15.703, 15.713 and
15.715 of the white space rules.

Ordering Clauses

Accordingly, it is ordered that, pursuant to the authority
contained in sections 4(i), 301, 302, and 303 of the Communications Act
of 1934, as amended, and sections 6403 and 6407 of the Middle Class Tax
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 156,
47 U.S.C. 154(i), 301, 302a, 303, 1452, 1454, the Report and Order is
hereby adopted.
It is further ordered that parts 15 and 74 of the Commission's
rules are amended as specified in Appendix A of the Report and Order,
and such rule amendments will become effective 30 days after the date
of publication in the Federal Register.
It is further ordered that the Commission's Office of the
Secretary, shall send a copy of the Report and Order, including the
Final Regulatory

[[Page 83798]]

Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Report and
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 15

Communications equipment, Incorporation by reference, Radio.

47 CFR Part 74

Communications equipment, Incorporation by reference, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 15 and 74 as follows:

PART 15--RADIO FREQUENCY DEVICES

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

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

0
2. Section 15.38 is amended by:
0
a. Revising the introductory text;
0
b. Redesignating paragraphs (a) through (f) as paragraphs (b) through
(g) and adding new paragraph (a);
0
c. Revising newly redesignated paragraph (e); and
0
d. Removing notes 1 and 2 to Sec. 15.38.
The revisions and addition read as follows:

Sec. 15.38 Incorporation by reference.

Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Federal Communications Commission (FCC)
must publish a document in the Federal Register and the material must
be available to the public. All approved incorporation by reference
(IBR) material is available for inspection at the FCC and at the
National Archives and Records Administration (NARA). Contact FCC at the
address indicated in 47 CFR 0.401(a); phone: (202) 418-0270. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#187e6a3671766b687d7b6c7177765876796a79367f776e"><span class="__cf_email__" data-cfemail="dfb9adf1b6b1acafbabcabb6b0b19fb1beadbef1b8b0a9">[email&#160;protected]</span></a>. The material may be obtained from the following
sources:
(a) The IBR material may be obtained from the sources in the
following paragraphs of this section or from one or more private
resellers listed in this paragraph (a).
(1) Accuris Standards Store, 321 Inverness Drive, South Englewood,
CO 80112; phone: (800) 332-6077; website: <a href="https://accuristech.com">https://accuristech.com</a>.
(2) American National Standards Institute (ANSI), see paragraph (b)
of this section.
(3) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-
3621; phone: (800) 261-2052; website: <a href="https://standards.globalspec.com">https://standards.globalspec.com</a>.
(4) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA
94624; phone (650) 591-7600; email: <a href="/cdn-cgi/l/email-protection#274e49414867434844524a4249530a1b46074f5542411a" http: center.com">center.com</a>">info@document-<a href="http://center.com">center.com</a></a>; website:
www.document-<a href="http://center.com">center.com</a>.
* * * * *
(e) European Telecommunications Standards Institute (ETSI), 650
Route des Lucioles, F-06921 Sophia Antipolis Cedex, France; phone: +33
4 92 94 42 00; email: <a href="/cdn-cgi/l/email-protection#0d7a686f7e79627f684d68797e6423627f6a"><span class="__cf_email__" data-cfemail="0d7a686f7e79627f684d68797e6423627f6a">[email&#160;protected]</span></a>; website: <a href="http://www.etsi.org/">www.etsi.org/</a>.
(1) ETSI EN 300 422-1 V2.2.1 (2021-11), Wireless Microphones; Audio
PMSE up to 3 GHz; Part 1: Audio PMSE Equipment up to 3 GHz; Harmonised
Standard for access to radio spectrum, published November 2021; IBR
approved for Sec. 15.236(g). (Available at: <a href="http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/02.02.01_60/en_30042201v020201p.pdf">www.etsi.org/deliver/etsi_en/300400_300499/30042201/02.02.01_60/en_30042201v020201p.pdf</a>.)
(2) [Reserved]
* * * * *

0
3. Section 15.236 is revised and republished to read as follows:

Sec. 15.236 Operation of wireless microphones in the bands 54-72
MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz, 614-616 MHz and 657-663 MHz.

(a) Definitions. The following definitions apply in this section.
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.
Wireless Microphone. An intentional radiator that converts sound
into electrical audio signals that are transmitted using radio signals
to a receiver which converts the radio signals back into audio signals
that are sent through a sound recording or amplifying system. Wireless
microphones may be used for cue and control communications and
synchronization of TV camera signals as defined in Sec. 74.801 of this
chapter. Wireless microphones do not include auditory assistance
devices as defined in Sec. 15.3(a) of this part.
Wireless Multichannel Audio Systems. Wireless audio transmission
systems using broadband digital transmission techniques for microphone
and in-ear monitor system applications and other multichannel audio
use.
(b) Permissible operations. Operation under this section is limited
to wireless microphones and wireless multichannel audio systems as
defined in this section.
(c) Frequency bands. Operation of wireless microphones is permitted
in all of the following frequency bands. Wireless multichannel audio
systems may operate only in the bands listed in paragraphs (c)(1) and
(2) of this section.
(1) Channels allocated and assigned for the broadcast television
service.
(2) The 657-663 MHz segment of the 600 MHz duplex gap.
(3) The 614-616 MHz segment of the 600 MHz guard band.
(d) Power limits. The maximum radiated power shall not exceed the
following values:
(1) In the bands allocated and assigned for broadcast television:
(i) Wireless microphones: 50 mW EIRP.
(ii) Wireless multichannel audio systems with a bandwidth up to 1
MHz: 50 mW EIRP.
(iii) Wireless multichannel audio systems with a bandwidth greater
than 1 MHz: 100 mW EIRP.
(2) In the 600 MHz guard band and the 600 MHz duplex gap: 20 mW
EIRP.
(e) Operating locations. Operation is limited to locations at least
four kilometers outside the following protected service contours of co-
channel TV stations:

[[Page 83799]]

Table 1 to Paragraph (e)
----------------------------------------------------------------------------------------------------------------
Protected contour
-----------------------------------------------------------------
Type of station Propagation
Channel Contour (dBu) curve
----------------------------------------------------------------------------------------------------------------
Digital: Full service TV, Class A TV, LPTV, Low VHF (2-6)................... 28 F(50,90)
translator and booster.
High VHF (7-13)................. 36 F(50,90)
UHF (14-36)..................... 41 F(50,90)
----------------------------------------------------------------------------------------------------------------

(f) Operating frequency and bandwidth--(1) Wireless microphones.
The operating frequency within a permissible band of operation defined
in paragraph (c) of this section must comply with the following
requirements.
(i) The frequency selection shall be offset from the upper or lower
band limits by 25 kHz or an integral multiple thereof.
(ii) One or more adjacent 25 kHz segments within the assignable
frequencies may be combined to form a channel whose maximum bandwidth
shall not exceed 200 kHz. The operating bandwidth shall not exceed 200
kHz.
(iii) The frequency tolerance of the carrier signal shall be
maintained within <plus-minus>0.005% of the operating frequency over a
temperature variation of -20 degrees to +50 degrees C at normal supply
voltage, and for a variation in the primary supply voltage from 85% to
115% of the rated supply voltage at a temperature of 20 degrees C.
Battery operated equipment shall be tested using a new battery.
(2) Wireless multichannel audio systems. A wireless multichannel
audio system may have an operating bandwidth not exceeding 6 megahertz
and must have a mode of operation in which it is capable of operating
with at least three audio channels per megahertz. For wireless
multichannel audio systems operating in the TV bands (channels 2-36),
the 6 megahertz (or less) channel must fall entirely within a single TV
channel.
(g) Emission masks--(1) Analog systems. Emissions within the band
from 2.5 x B below to 2.5 x B above the carrier frequency, where B is
the channel bandwidth, shall comply with the emission mask in Figure 1
of section 4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11)
(incorporated by reference, see Sec. 15.38).
(2) Digital systems. Emissions within the band from 2.5 x B below
to 2.5 x B above the carrier frequency, where B is the channel
bandwidth, shall comply with the emission mask in Figure 2 of section
4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11) (incorporated by
reference, see Sec. 15.38).
(3) Wireless Multichannel Audio Systems. Emissions within the band
from 2.5 x B below to 2.5 x B above the carrier frequency, where B is
the channel bandwidth, shall comply with the emission mask in Figure 3
of section 4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11),
(incorporated by reference, see Sec. 15.38).
(4) Spurious emission limits. Emissions outside of the emission
masks listed in paragraphs (g)(1) through (g)(3) shall comply with the
limits specified in section 4.2.4.1.2 of ETSI EN 300 422-1 V2.2.1
(2021-11), (incorporated by reference, see Sec. 15.38).

0
4. Section 15.703 is amended by revising the definition of ``White
space database'' to read as follows:

Sec. 15.703 Definitions.

* * * * *
White space database. A database system approved by the Commission
that maintains records on authorized services and provides lists of
available channels to white space devices.

0
5. Section 15.713 is amended by:
0
a. Removing and reserving paragraph (a)(2);
0
b. Revising paragraph (a)(3); and
0
c. Removing and reserving paragraphs (f) and (i).
The revision reads as follows:

Sec. 15.713 White space database.

(a) * * *
(3) To register the identification information and location of
fixed white space devices.
* * * * *

Sec. 15.715 [Amended]

0
6. Section 15.715 is amended by removing paragraph (q).

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

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

Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336
and 554.

0
8. Section 74.35 is added to read as follows:

Sec. 74.35 Incorporation by reference.

0
9. Section 74.801 is amended by adding a definition for ``Wireless
Multichannel Audio System'' in alphabetical order to read as follows:

Sec. 74.801 Definitions.

* * * * *
Wireless multichannel audio systems. Wireless audio transmission
systems using broadband digital transmission techniques for microphone
and in-ear monitor system applications and other multichannel audio
use.

0
10. Section 74.802 is amended by revising paragraphs (a) and (b)(1) to
read as follows:

[[Page 83800]]

Sec. 74.802 Frequency assignment.

(a) 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
653.000-657.000 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

(b)(1) Operations in the bands allocated for TV broadcasting are
limited to locations at least 4 kilometers outside the protected
contours of co-channel TV stations shown in the following table. These
contours are calculated using the methodology in Sec. 73.684 of this
chapter and the R-6602 curves contained in Sec. 73.699 of this
chapter.

Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Protected contour
-----------------------------------------------------------------
Type of station Propagation
Channel Contour (dBu) curve
----------------------------------------------------------------------------------------------------------------
Digital: Full service TV, Class A TV, LPTV, Low VHF (2-6)................... 28 F(50,90)
translator and booster.
High VHF (7-13)................. 36 F(50,90)
UHF (14-36)..................... 41 F(50,90)
----------------------------------------------------------------------------------------------------------------

* * * * *

0
11. Section 74.861 is amended by revising paragraphs (d)(4) and (e)(1),
(5), and (7) and removing paragraph (i).
The revisions read as follows:

Sec. 74.861 Technical requirements.

* * * * *
(d) * * *
(4) The following emission limits apply in the 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.
(i) Analog systems. Emissions within the band from 2.5 x B below to
2.5 x B above the carrier frequency, where B is the channel bandwidth,
shall comply with the emission mask in Figure 1 of section 4.2.4.2.2 of
ETSI EN 300 422-1 V2.2.1 (2021-11) (incorporated by reference, see
Sec. 74.35).
(ii) Digital systems. Emissions within the band from 2.5 x B below
to 2.5 x B above the carrier frequency, where B is the channel
bandwidth, shall comply with the emission mask in Figure 2 of section
4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11) (incorporated by
reference, see Sec. 74.35).
(iii) Wireless Multichannel Audio Systems. Emissions within the
band from 2.5 x B below to 2.5 x B above the carrier frequency, where B
is the channel bandwidth, shall comply with the emission mask in Figure
3 of section 4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11)
(incorporated by reference, see Sec. 74.35). A wireless multichannel
audio system must have an operating bandwidth B not exceeding 20
megahertz and must have a mode of operation in which it is capable of
transmitting at least three audio channels per megahertz.
(iv) Spurious emission limits. Emissions outside of the emission
masks specified in paragraphs (d)(4)(i) through (iii) of this section
shall comply with the limits specified in section 4.2.4.1.2 of ETSI EN
300 422-1 V2.2.1 (2021-11) (incorporated by reference, see Sec.
74.35).
(e) * * *
(1) The power may not exceed the following values.
(i) 54-72, 76-88, and 174-216 MHz bands: 50 mW EIRP
(ii) 470-608 MHz band: 250 mW conducted power
(iii) 653-657 MHz band: 20 mW EIRP
* * * * *
(5) The operating bandwidth shall not exceed 200 kilohertz, except
that a wireless multichannel audio system must have an operating
bandwidth not exceeding 6 megahertz in the TV bands or 4 megahertz in
the 653-657 MHz band and must have a mode of operation in which it is
capable of transmitting at least three audio channels per megahertz.
For wireless multichannel audio systems operating in the TV bands, the
6 megahertz (or less) channel must fall entirely within a single TV
channel (2-36) that is available for Part 74 LPAS use under Sec.
74.802(b). The provisions of Sec. 74.802(c) regarding frequency of
operation within TV channels do not apply to wireless multichannel
audio systems.
* * * * *
(7)(i) Analog systems. Emissions within the band from 2.5 x B below
to 2.5 x B above the carrier frequency, where B is the channel
bandwidth, shall comply with the emission mask in Figure 1 of section
4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11) (incorporated by
reference, see Sec. 74.35).
(ii) Digital systems. Emissions within the band from 2.5 x B below
to 2.5 x B above the carrier frequency, where B is the channel
bandwidth, shall comply with the emission mask in Figure 2 of section
4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11) (incorporated by
reference, see Sec. 74.35).
(iii) Wireless Multichannel Audio Systems. Emissions within the
band from 2.5 x B below to 2.5 x B above the carrier frequency, where B
is the channel bandwidth, shall comply with the emission mask in Figure
3 of section 4.2.4.2.2 of ETSI EN 300 422-1 V2.2.1 (2021-11),
(incorporated by reference, see Sec. 74.35).
(iv) Spurious emission limits. Emissions outside of the emission
masks listed in paragraphs (e)(7)(i) through (e)(7)(iii) shall comply
with the limits specified in section 4.2.4.1.2 of ETSI EN 300 422-1
V2.2.1 (2021-11) (incorporated by reference, see Sec. 74.35).
* * * * *

0
12. Section 74.870 is amended by revising paragraph (c) introductory
text to read as follows:

Sec. 74.870 Wireless video assist devices.

* * * * *
(c) Wireless video assist devices may operate with a bandwidth not
to exceed 6 MHz on frequencies in the bands 180-210 MHz (TV channels 8-
12) and 470-608 MHz (TV channels 14-36) subject to the following
restrictions:
* * * * *

[FR Doc. 2024-23959 Filed 10-17-24; 8:45 am]
BILLING CODE 6712-01-P

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