FCC 91-433 Federal Communications Commission Record 7 FCC Red No. 2 Before the Federal Communications Commission Washington DC 20554 MM Docket No. 85-36 In the Matter of Review of Technical and Operational Requirements: Part 74-E Aural Broadcast STL and ICR Stations; and Part 74-F TV Low Power Auxiliary Stations. ORDER (Proceeding Terminated) Adopted: December 31, 1991; Released: January 15, 1992 By the Commission: 1. The Further Notice of Proposed Rule Making 1 in this proceeding proposed to allow portable broadcast auxiliary TV pickup stations to use certain vacant channels in the UHF-TV spectrum on a secondary, non-interference basis for transmission of program material over limited dis­ tances. In particular, the Further Notice proposal would have permitted field crews to use vacant UHF-TV chan­ nels for Electronic News Gathering transmissions from a camera to a microwave vehicle for relay to the studio. Currently, such wireless camera operations are limited to microwave bands above 2 GHz. The proposal to permit wireless camera use on vacant UHF-TV channels in lieu of operation in the referenced microwave bands was ex­ pected to provide relief from interference encountered by receivers operating in close proximity to transmitters in the same microwave bands. Eligibility for the proposed uses was to be limited to TV broadcast licensees, TV networks and cable television entities 2 in order to limit such use to broadcast or broadcast related entities consis­ tent with the purpose of this Broadcast Auxiliary Service. 2. Several months prior to the Further Notice, we greatly expanded the number of channels available to Low Power Auxiliary Stations (LPAS). 3 See First Report and Order in MM Docket No. 86-12, 2 FCC Red 345 (1987). However, during that time we did not authorize any equipment 1 See Further Notice of Proposed Rule Making, 2 FCC Red 3129 ~1987). Ibid, paragraph 12. 3 The expression "Low Power Auxiliary Stations" (LPAS) usu­ ally denotes low power "wireless microphones" which are used to convey audio signals over short distances without using wires or cables. However. other permissible (but much less frequently used) devices include low power stations that are used for cue and control communications or to synchronize TV camera sig­ nals. 4 See Further Notice, paragraph 15. 5 See First Report and Order in Docket 18261, 23 FCC 2d 325 ( 1970). 490 suitable for use on the newly available channels. In the Further Notice, we noted that there was no apparent meth­ od of coordinating LPAS operations and wireless camera operations, and expressed concern about potential inter­ ference if these fundamentally different devices were to be operated on the same channels. The Further Notice ac­ cordingly imposed a freeze on continued licensing of LPAS operation between 530 MHz and 806 MHz in the UHF-TV band pending the resolution of the issues involv­ ing wireless camera use of the same band that were raised in this proceeding. 4 3. The comments filed in response to the Further Notice expressed either no support or only limited support for the use of wireless cameras operating in the UHF-TV spectrum. In particular, broadcast interests expressed sat­ isfaction with current wireless cameras that operate in the microwave bands above 2 GHz and questioned the de­ mand for more limited bandwidth equipment that would operate in UHF-TV channels. Although police depart­ ments and motion picture companies filed comments in favor of the proposal stated in the Further Notice, their support was conditioned on their being permitted to op­ erate wireless cameras in the UHF-TV band. Because of the transient and intermittent nature of wireless camera operations. close cooperation among users is essential. However, the lack of a natural coordination facility and scarce enforcement resources leads us to conclude that granting access to the UHF television channels to police departments and motion picture companies should not be permitted. Further, the record does not establish that adoption of the proposed wireless camera use would be in the public interest. Accordingly, this proceeding will be terminated without prejudice. 4. In view of the preceding decision, we will also termi­ nate the freeze on the authorization of wireless micro­ phones on UHF-TV spectrum above Channel 23 (i.e., above 530 MHz). Pursuant to Section 74.803(b) of our Rules, wireless microphones are authorized and operated strictly on a secondary basis to other primary (principally broadcast) services. In larger metropolitan areas. VHF-TV channels (which also may be used by wireless micro­ phones) are used intensively for broadcasting and lower UHF channels often are shared with private land mobile services. 5 Available channels for wireless microphone use are further restricted by the co-channel spacing require­ ments of Section 74.802(b) of the Rules, particularly in larger urbanized areas. 6 This has resulted in reports of congestion which would be alleviated by making the up­ per UHF-TV channels available again for wireless micro­ phone operation. 7 Thus, the public will benefit by our terminating the freeze. For example, LPAS licensees authorized in the frequency band 174 to 216 MHz in Zone 1, which includes most of the northeast United States, may not operate within 97 kilometers {60 miles) of a co-channel TV broadcast station. 1 On January 14, 1991, a Petition for Further Review, Analysis and Consideration was filed by Vega -- a Mark IV Company that manufactures wireless microphones. Vega claims that it is near­ ly impossible for wireless microphones to operate in major markets on most of the UHF channels that are not covered by the freeze. In view of our decision to terminate the freeze, the Vega petition will be dismissed as moot. 7 FCC Red No. 2 Federal Communications Commission Record 5. Accordingly, pursuant to authority contained in Sec­ tions 4(i) and 303 of the Communications Act of 1934, as amended, IT IS ORDERED THAT this proceeding IS TERMINATED without prejudice, THAT the freeze on wireless microphone and other Low Power Auxiliary Ser­ vice operation above 530 MHz IS TERMINATED, and THAT the Vega January 14, 1991 Petition for Further Review, Analysis and Consideration IS DISMISSED. 6. For further information contact Hank VanDeursen at (202) 632-9660. FEDERAL COMMUNICATIONS COMMISSION Donna R. Searcy Secretary 491 FCC 91·433