Da-17-709

DA-17-709A1.pdf

Sections 15.37(k), 74.851(k), and 74.851(l), Consumer Disclosure and Labeling.

DA-17-709

OMB: 3060-1250

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Federal Communications Commission

DA 17-709

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Promoting Spectrum Access for Wireless
Microphone Operations
Amendment of Part 15 of the Commission’s Rules
for Unlicensed Operations in the Television Bands,
Repurposed 600 MHz Band, 600 MHz Guard
Bands and Duplex Gap, and Channel 37, and
Amendment of Part 74 of the Commission’s Rules
for Low Power Auxiliary Stations in the
Repurposed 600 MHz Band and 600 MHz Duplex
Gap
Expanding the Economic and Innovation
Opportunities of Spectrum Through Incentive
Auctions

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GN Docket No. 14-166
ET Docket No. 14-165

GN Docket No. 12-268

ORDER
Adopted: July 24, 2017

Released: July 24, 2017

By the Acting Chief of the Consumer and Governmental Affairs Bureau and the Chiefs of the Wireless
Telecommunications Bureau and the Office of Engineering and Technology:
1. In this order, we provide the specific language that must be used in the Consumer Disclosure
required by the Wireless Microphones R&O, which the Commission adopted in anticipation of the
completion of the broadcast television incentive auction.1 This Consumer Disclosure requirement is set
forth in Sections 74.851(l) and 15.37(k) of the Commission’s rules. It is applicable to persons who
manufacture, sell, lease, or offer for sale or lease, wireless microphone or video assist devices -- either (a)
wireless microphones or other low power auxiliary stations (“wireless microphones”) or video assist
devices, authorized pursuant to Part 74, Subpart H of the Commission’s rules, or (b) unlicensed wireless
microphones authorized pursuant to Section 15.236 – to the extent that these devices are capable of
operating in the 600 MHz service band (617-652 MHz / 663-698 MHz). This disclosure informs
consumers that wireless microphone users must cease any wireless microphone operations in the 600
MHz service band no later than July 13, 2020. In addition, in many instances they may be required to

1

See Promoting Spectrum Access for Wireless Microphone Operations; Expanding the Economic and Innovation
Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 14-166 and GN Docket No. 12-268, Report
and Order, 30 FCC Rcd 8739, 8761-62, paras. 49-50 (2015) (Wireless Microphones R&O); 47 CFR §§ 15.37(k),
74.851(l).

Federal Communications Commission

DA 17-709

cease use of these devices earlier if their use has the potential to cause harmful interference to 600 MHz
service licensees’ wireless operations in the band.2
2. On August 5, 2015, the Commission adopted the Wireless Microphones R&O, which
established various rules applicable to wireless microphones (and other low power auxiliary stations) that
operate on a licensed basis in the TV bands (which at that time included TV channels 2-51 except channel
37).3 Anticipating the repurposing of a portion of the TV bands for new 600 MHz wireless services after
the close of the broadcast television incentive auction, the Commission took several actions to ensure that
the use of wireless microphones does not cause harmful interference to new 600 MHz service licensees’
wireless operations.4 Among other actions, the Commission adopted the Consumer Disclosure
requirement set forth in Sections 74.851(k) and 15.37(k), which is the subject of the instant order.5
3. In adopting a Consumer Disclosure requirement, the Commission explained that consumers
will need to be informed of the changes that will affect their use of wireless microphones in the portion of
the TV bands that is being repurposed following the broadcast television incentive auction, the conditions
associated with their continued use of the 600 MHz service band during the 39-month post-auction
transition period, and their need to cease operations in the 600 MHz service band no later than the end of
this transition period.6 Specifically, the Commission required that anyone selling, leasing, or offering for
sale or lease, wireless microphones that operate in the 600 MHz service band provide the Consumer
Disclosure to consumers.7 These entities must display the Consumer Disclosure at the point of sale in a
clear, conspicuous, and readily legible manner. In addition, the Consumer Disclosure must be displayed
on the website of the manufacturer (even if the manufacturer does not sell wireless microphones directly
to the public) and of dealers, distributors, retailers, and anyone else selling or leasing the devices.8
2

Wireless Microphones R&O, 30 FCC Rcd at 8756-57, para. 41 (wireless microphone users may operate in the 600
MHz service band during the post-auction transition period (which ends 39 months following issuance of the
Channel Reassignment PN), and must cease operations earlier if such operations would cause harmful interference
to any 600 MHz service licensee’s wireless operations); Promoting Spectrum Access for Wireless Microphone
Operations; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN
Docket No. 14-165 and GN Docket No. 12-268, Report and Order, 30 FCC Rcd 9551, 9630-31, para. 192, 9659,
para. 263 (2015) (TV Bands Part 15 R&O) (wireless microphone users may operate in the 600 MHz service band
during the post-auction transition period except where 600 MHz service licensees commence their wireless
operations); 47 CFR §§ 15.236(c)(2), 74.802(f); Expanding the Economic and Innovation Opportunities of Spectrum
Through Incentive Auctions, Report and Order, 30 FCC Rcd 12025, 12028-35, paras. 7-20 (2015) (defining areas
where secondary and licensed users in the 600 MHz service band must cease operations in order to prevent harmful
interference to 600 MHz service licensees’ operations; these include areas where the 600 MHz service licensees
commence their wireless operations, as well as where those licensees are conducting their first field application
testing) (Commencing Operations R&O); Incentive Auction Closing and Channel Reassignment Public Notice, AU
Docket No. 14-252, GN Docket 12-268, WT Docket No. 12-269, MB Docket No. 16-306, Public Notice, DA 17314 (MB/WTB, rel. Apr. 13. 2017) (establishing the 39-month post-auction transition period in the 600 MHz service
band, which will end on July 13, 2020) (Channel Reassignment PN).
3

See generally Wireless Microphones R&O, 30 FCC Rcd 8739.

4

Id. at 8758-66, paras. 43-63; TV Bands Part 15 R&O, 30 FCC Rcd at 9659, para. 263; Commencing Operations
R&O, 30 FCC Rcd at 12028-35, paras. 7-20; 47 CFR §§ 15.236(c)(2), 74.802(f).
5

Wireless Microphones R&O, 30 FCC at 8761-62, paras. 49-50.

6

Id. at 8761, para. 49.

7

Id. at 8761, para. 50 (citing authority under 47 U.S.C. § 302a).

8

Id.; see 47 CFR §§74.851(l), 15.37(k). As the Commission noted, this disclosure requirement draws on the
approach taken for the consumer disclosure required when informing consumers about the transition of wireless
microphones out of the 700 MHz band. Wireless Microphones R&O, 30 FCC Rcd at 8758, para. 43; see also
Revisions to Rules Authorizing Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, Order, DA
10-92, 25 FCC Rcd 367 (WTB/CGB, rel. Jan. 15, 2010).

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Federal Communications Commission

DA 17-709

4. In the Wireless Microphones R&O, the Commission delegated authority to the Consumer and
Governmental Affairs Bureau, working with the Wireless Telecommunications Bureau and the Office of
Engineering and Technology, to prepare the specific language of the Consumer Disclosure, following the
close of the broadcast television incentive auction and issuance of the Closing and Channel Reassignment
Public Notice,9 which establishes the frequencies that are associated with the 600 MHz service band. The
Closing and Channel Reassignment PN was released on April 13, 2017, and established the 600 MHz
Band Plan, identifying the 600 MHz service band as comprising the following frequencies – 617-652
MHz and 663-698 MHz.10 We hereby adopt the text provided in the Appendix to this order as the specific
language of the Consumer Disclosure, as required by the Commission. In addition, this text will be
incorporated into Sections 74.851(l) and 15.37(k) of the Commission’s rules.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 302 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 302a, and Sections 0.131, 0.141,
0.331, and 0.361 of the Commission’s Rules, 47 CFR §§ 0.131, 0.141, 0.331, and 0.361, the Consumer
Disclosure text in the Appendix to this ORDER is hereby ADOPTED.
6. IT IS FURTHER ORDERED that the rules adopted herein, which contain new information
collection requirements that require approval by OMB under the PRA, WILL BECOME EFFECTIVE
after the Commission publishes a notice in the Federal Register announcing such approval and the
relevant effective date.

FEDERAL COMMUNICATIONS COMMISSION

G. Patrick Webre
Acting Chief
Consumer and Governmental Affairs Bureau

Donald Stockdale
Chief
Wireless Telecommunications Bureau

Julius P. Knapp
Chief
Office of Engineering and Technology

9

Wireless Microphones R&O, 30 FCC Rcd at 8761-62, para. 50. As noted by the Commission, this disclosure
requirement requires approval from the Office of Management and Budget (OMB) as a new information collection
under the Paperwork Reduction Act (PRA). The effectiveness of the requirement accordingly is contingent upon
OMB approval, which will be announced by public notice. Id. at 8762 n.142. This Consumer Disclosure text will
be published in the Federal Register. Id. at 8761, para. 50.
10

Channel Reassignment PN, DA 17-314 at para. 15. Under this band plan, the 600 MHz guard band is comprised
of the 614-617 MHz band, and the 600 MHz duplex gap is comprised of the 652-663 MHz band. Id.

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Federal Communications Commission

DA 17-709

APPENDIX – Consumer Disclosure Text

CONSUMER ALERT
This particular wireless microphone device operates in portions of the 617-652 MHz or 663-698
MHz frequencies. Beginning in 2017, these frequencies are being transitioned by the Federal
Communications Commission (FCC) to the 600 MHz service to meet increasing demand for
wireless broadband services. Users of this device must cease operating on these frequencies no
later than July 13, 2020. In addition, users of this device may be required to cease operations
earlier than that date if their operations could cause harmful interference to a 600 MHz service
licensee’s wireless operations on these frequencies. For more information, visit the FCC’s
wireless microphone website at www.fcc.gov/wireless-microphones-guide or call the FCC at 1888-CALL-FCC (TTY: 1-888-TELL-FCC).

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