Reply Comments Re: Wireless Microphones in the 700 MHz Band

REPLY COMMENTS

of

THE PUBLIC INTEREST SPECTRUM COALITION

Media Access Project, on behalf of the Public Interest Spectrum Coalition (PISC), files these reply comments in response to the comments on its Petition for Rulemaking and the additional proposals set forth by the Commission to address the potential for interference by wireless microphones users – both authorized and unauthorized – with public safety and commercial licensed services authorized by the Commission to commence operation on broadcast channels 52-69.

 

SUMMARY

In a complete reversal of its previous insistence that the white spaces cannot be shared with non-broadcasters under any circumstances, the National Association of Broadcasters (NAB) and the Association for Maximum Service Television (MSTV) (“NAB/MSTV”) favor expanding eligibility of wireless microphones – albeit only as a reward for their allies in opposing authorization of unlicensed white spaces devices. Even more remarkably, NAB/MSTV remains silent on the more than 1 million “broadcast pirates” operating Part 74 Subpart H devices without a license. Yet at the same time that NAB/MSTV shows such astonishing liberality and generosity of spirit toward users of wireless microphones – licensed and pirate alike – they continue to vigorously oppose the legal authorization of far more intelligent, interference-avoiding devices in Docket No. 04-186.

NAB/MSTV further undermine their credibility by simply asserting, without the support of any engineering data, that the existing wireless microphone systems will not interfere with the deployment of new cellular services authorized for the 700 MHZ band while simultaneously insisting that more intelligent and more strictly controlled unlicensed white spaces devices will create harmful interference for both broadcasters and authorized wireless microphone users. These assertions fly in the face of the engineering data submitted by commentors V-Comm and the Society of Broadcast Engineers in this proceeding, with engineering comments filed by white space supporters in Docket No. 04-186, and with the recent report by the Office of Engineering and Technology (OET) summarizing extensive Commission testing of proposed “smart radio” technologies in both the lab and in the field.

Contrary to the self-serving position taken by NAB/MSTV, and by the wireless microphone manufacturers, the engineering data submitted by both V-COMM and the Society of Broadcast Engineers shows that the widespread unauthorized use of wireless microphones on the 700 MHZ band represents a real problem, which the Commission must address immediately. Nor should the Commission pay heed to the argument of NAB/MSTV and the wireless microphone manufacturers that the Commission must bear the blame for creating this crisis by failing to act sooner or by “encouraging” wireless microphone manufacturers to market to unauthorized users by failing to enforce its rules. Even were these arguments cognizable, the Commission has a greater duty to the incoming 700 MHZ licensees that rely upon the Commission to ensure that they will have the use of their licenses free from harmful interference in accordance with Section 309(h), and to users of authorized white spaces devices in accordance with Section 333.

With regard to whether to require a “flash cut” or allow a more gradual transition, PISC notes that only Verizon regards more than 1 million unauthorized users operating on the 700 MHZ frequencies as an issue for Commission consideration. It would therefore seem logical for the Commission to handle the transition of licensed Part 74 Subpart H systems by waiver, requiring a flash cut from Verizon systems but permitting a more gradual phase out on public safety systems and on those of other licensees.

The more pressing question, however, unaddressed by the commenting parties (with the exception of Verizon), is: who should bear the cost of cleaning up the 700 MHZ band? For the reasons set forth below, PISC urges the Commission to reject the arguments of the wireless manufacturers and to hold them accountable for their illegal marketing practices. The only alternatives are to impose the cost on the new 700 MHZ licensees, in the form of increased interference or payments to migrate users, or to impose the costs on users who bought equipment in good faith. As a matter of equity as well as law, the Commission should reject these alternatives and impose the cost of clean up on the ones responsible – the manufacturers.

In addition, the Commission should not impose the cost of creating a General Wireless Microphone Service (GWMS) on unlicensed users of the white spaces properly authorized in proceeding of more than five years. The Commission has never granted seniority based on illegal use. To the contrary, the Commission has effectively granted seniority to users unlicensed spectrum over new licensees. See Amendment of Part 90 to Adopt Regulations for Automatic Vehicle Systems, 10 FCCRcd 4695, 4714-17 (1995) (“LMS R & O”). Granting illegal operators superior rights to authorized users, as requested by the wireless microphone manufacturers, would constitute a radical departure from Commission precedent and undermine the respect for licensing requirements needed to maintain the Commission’s existing licensing regime.

Finally, PISC urges the Commission to reject the arguments of both NAB/MSTV and the White Spaces Coalition (WSC) to limit eligibility for the GWMS to certainly “narrow” classes of users. Not only is this attempt at realpolitik to include only powerful lobbying interests but not the general public almost humorous in its transparent brazenness, but it is ludicrous as a matter of practical effect. As the current marketing of wireless microphones for home use, karoke bars, and other uses by the general public despite far more restrictive rules clearly shows, it is impossible for all practical purposes to limit the sale of wireless microphones without dedicating far more resources to enforcement than the anyone realistically expects. The time has come to end this charade, which only encourages widespread disregard for the Commission’s licensing regime and creates a body of mobile unauthorized users polluting the spectrum. Instead of playing this game of “fig leaf” for parties intent on pretending they are limiting access to the spectrum, the Commission should authorize all members of the public to purchase and use GWMS devices.

To read the full comments, please download the PDF below.