Companion Order, DA 10-92

Federal Communications Commission DA 10-92

Before the

Federal Communications Commission

Washington, D.C. 20554

In the matter of Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary Stations, Including Wireless Microphones, and the Digital Television Transition Amendment of Parts 15, 74 and 90 of the Commission’s Rules Regarding Low Power Auxiliary Stations, Including Wireless Microphones

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WT Docket No. 08-166 WT Docket No. 08-167 ET Docket No. 10-24

ORDER

Adopted: January 15, 2010 Released: January 15, 2010

By the Chiefs, Wireless Telecommunications Bureau and Consumer and Governmental Affairs Bureau.

1. In this order, we adopt the specific language that must be used in the consumer disclosure that is required by Section 15.216 of Appendix B in the Wireless Microphone Report and Order.¹ This disclosure requirement is applicable to persons who manufacture, sell, lease, or offer for sale or lease low power auxiliary stations, including wireless microphones, capable of operating in the core TV bands (channels 2-51, excluding channel 37).

2. On January 14, 2010, the Commission adopted a Wireless Microphone Report and Order.² In the Wireless Microphone Report and Order, the Commission took action to ensure that low power auxiliary stations, including wireless microphones, are cleared from the 700 MHz Band (689-806 MHz) so that public safety and commercial licensees can operate in the band without interference. The Commission adopted a new rule, Section 15.216, which provides that any person who manufactures, sells, leases, or offers for sale or lease wireless microphones and other low power auxiliary stations capable of operating in the core TV bands must display a consumer disclosure text.³

3. The Commission delegated authority to the Wireless Telecommunications Bureau and the Consumer and Governmental Affairs Bureau to adopt the specific language that must be used in the consumer disclosure that is required by Section 15.216 of Appendix B in the Wireless Microphone Report and Order.⁴ We hereby adopt the consumer disclosure text as required by the Commission. The consumer disclosure text is in the Appendix to this order.

4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 0.131, 0.141, 0.331, and 0.361 of the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.141, 0.331, and 0.361, the consumer disclosure text in the Appendix to this ORDER is hereby ADOPTED.

FEDERAL COMMUNICATIONS COMMISSION

Ruth Milkman

Chief

Wireless Telecommunications Bureau

Joel Gurin

Chief

Consumer and Governmental Affairs Bureau

APPENDIX – Consumer Disclosure Text

CONSUMER ALERT

Most users do not need a license to operate this wireless microphone system. Nevertheless, operating this microphone system without a license is subject to certain restrictions: the system may not cause harmful interference; it must operate at a low power level (not in excess of 50 milliwatts); and it has no protection from interference received from any other device. Purchasers should also be aware that the FCC is currently evaluating use of wireless microphone systems, and these rules are subject to change. For more information, call the FCC at 1-888-CALL-FCC (TTY: 1-888-TELL-FCC) or visit the FCC’s wireless microphone website at www.fcc.gov/cgb/wirelessmicrophones.

1 Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary Stations, Including Wireless Microphones, and the Digital Television Transition; Amendment of Parts 15, 74 and 90 of the Commission’s Rules Regarding Low Power Auxiliary Stations, Including Wireless Microphones, WT Docket Nos. 08-166, 08-167, ET Docket No. 10-24, Report and Order and Further Notice of Proposed Rulemaking, FCC 10-16 at ¶ 99 (rel. January 15, 2010) (“Wireless Microphone Report and Order”).

2 Id.

3 See id., Appendix B.

4 Id. at ¶ 99.

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