White Space: Performing Arts and Wireless Microphones

At its July 13 open meeting, the Federal Communications Commission (FCC) voted to revise and clarify its rules for wireless microphone operations in the TV broadcast spectrum.  The agency's action proposes permitting "certain qualifying professional theatre, music, performing arts organizations, and similar organizations" to obtain Part 74 licenses that would allow them to register their frequencies in a database that would provide interference protection.

PAA member Theatre Communications Group recently published a statement on what this proceeding means for the performing arts field: http://bit.ly/2uemogz

Previously, in August 2015, the FCC ruled that only entities using 50 or more microphones or wireless devices could be licensed to register for interference protection. That threshold excluded most nonprofit performing arts organizations. This new proposal could open the door for entities using less than 50 microphones to obtain a license, provided that applicants demonstrate "need and requisite professional ability" to operate in the bands where they would register their frequency.  Once the Further Notice of Proposed Rulemaking is published in the Federal Register with deadlines, PAA and its Member Organizations will seek comments from the field. Please stay tuned for action needed soon! You can read the full announcement about the FCC's proposal here on its website.  

At its Open Meeting on August 6, 2015, the FCC ruled on several proceedings that affect the current and future operations of wireless microphones used in the performing arts. Currently, there is no change to wireless microphone operations. Users can still register their needs in the database, subject to the 30-day comment period. However, once the Office of Management and Budget approves the FCC’s new rules, likely in late 2015, there will be a more distinct difference between the treatment of licensed and unlicensed wireless microphones.

The FCC’s new rules state that entities regularly using 50 or more wireless devices are eligible to apply for a license. Entities using fewer than 50 wireless devices are not eligible to apply for a license. As of July 2016, unlicensed wireless microphones in the 600 MHz band will have to register their frequencies in the database and may have to pay a registration fee. This registration does not provide interference protection, and it does not reserve channels. Effective between July 2016 and April 2017, unlicensed wireless microphones operating on any frequency will no longer be able to reserve channels protected from White Space Devices. 

At the August meeting, the Commission also began the process of moving wireless microphones to new spectrum following the 2016 spectrum auction. The official order to move will likely take place in 2019. This news presents some challenges. In the short term, it will be advantageous for unlicensed wireless microphone operators to find a way to become licensed. For example, they could find or create a “professional sound company” which would routinely use 50 or more devices. Rather than renting equipment from a professional sound company, an unlicensed performing arts entity could hire the professional sound company to conduct frequency coordination on its behalf. That company could use its license to register the frequency needs of unlicensed entities. Any performing arts entity that produces television programs would also qualify for a license. Both of these options would provide database interference protection along with the use of a much wider range of frequencies.

Over the next few years, it will also be important for performing arts venues to raise or set aside funds to purchase new sound equipment. Advocacy efforts to protect wireless microphones used in the performing arts from interference, as well as efforts to offset the costs incurred by transition to new spectrum are ongoing.

Please stay tuned for updates and see this timetable for more detailed information on the new FCC rules.

(Photo Credit: Paul Hudson, Flickr Creative Commons)

The next Open Meeting of the FCC will take place on August 6, 2015. The agenda includes discussion of the proceedings for the agency's spectrum incentive auction in 2016. In these auctions, the FCC is offering broadcasters the opportunity to put up for sale the rights/licenses to certain bands of broadcast spectrum where wireless microphones currently operate. After auctions, the FCC will reorganize and repack the spectrum and may require wireless microphones to relocate to a different part of the spectrum. 

The procedures adopted during this meeting will dictate the rules governing the upcoming auction and will affect the future distribution of services in the broadcast spectrum. The FCC will also adopt rules for the technical operations of both licensed and unlicensed wireless microphones and a plan for a long-term home in the spectrum for wireless microphones. 

PAA advocates for performing arts wireless technology as a part of the Performing Arts Wireless Microphone Working Group. The group recently filed an Ex Parte letter outlining the needs of wireless microphones in the performing arts. Stay tuned for an update following the August 6 Open Meeting.

​The next Open Meeting of the Federal Communications Commission (FCC) will take place on August 6, 2015. The agenda includes discussion of the proceedings for the agency’s spectrum incentive auction in 2016. In an effort to raise federal revenues, the Administration and Congress have authorized the FCC to put up for sale the rights/licenses to use certain bands of radio waves --spectrum--on which wireless devices can operate. After auctions, the FCC will reorganize and repack the spectrum and may require wireless microphones to relocate to a different part of the spectrum. 

The procedures adopted during this meeting will dictate the rules governing the upcoming auction and will affect the future distribution of services in the broadcast spectrum. The FCC will also adopt rules for the technical operations of both licensed and unlicensed wireless microphones and a plan for a long-term home in the spectrum for wireless microphones. 

PAA advocates for performing arts wireless technology as a part of the Performing Arts Wireless Microphone Working Group. The group recently filed an Ex Parte letter outlining the needs of wireless microphones in the performing arts. Stay tuned for an update following the August 6 Open Meeting.

PAA participates in the Performing Arts Wireless Microphone Working Group which asked its member organizations to prepare comments to submit to the FCC urging the protection of wireless microphones used in the performing arts.

The FCC has two open proceedings affecting wireless microphone operations. One proposes that entities using fewer than 50 microphones on a regular basis, would not be able to register in a geo-location database which provides interference protection. In the other proceeding, the FCC is considering a longer-term home for wireless microphones in a different area of the broadcast spectrum. Such a move in the spectrum would mean arts organizations would have to purchase expensive new equipment.

Over 60 letters were sent to the FCC and posted on its website urging interference protection for wireless microphones in the performing arts as well as reimbursement if new equipment needs to be purchased. Reply comments in these two proceedings  were due by February 25. Representatives Louise Slaughter (D-NY) and Leonard Lance (R-NJ), the co-chairs of the Congressional Arts Caucus, agreed to take the lead on a Congressional sign-on letter which arts advocates circulated on Arts Advocacy Day, urging the FCC to protect wireless microphones.

This summer, the FCC released its Order expanding eligibility for Part 74 licenses to users of wireless microphones, including performing arts venues. While the order bears some good news for the performing arts, it is important to know that change is coming after the spectrum incentive auctions.

PAA and the Performing Arts Wireless Microphone Working Group have provided this analysis and summary of the FCC’s Order explaining the changes ahead and detailing how you can apply for a license now.

The FCC issued a Notice of Proposed Rulemaking (NPRM) concerning the long-term needs of wireless microphone users. The FCC acknowledges that “wireless microphones enhance event productions in a variety of settings – including theaters and music venues, film studios, conventions…” and the performing arts field knows the importance of quality wireless transmissions for backstage communications systems and microphones onstage. In this NPRM, the FCC will explore how best to accommodate the different wireless microphone users’ needs in the future in light of the upcoming spectrum incentive auction. You can read more about the NPRM here.

Stay tuned to PAA for updates on the rulemaking process.

At an Open Meeting on May 15, the FCC adopted rules expanding Part 74 license eligibility to include sound companies and venues regularly using at least 50 wireless microphones. The rules are intended to ensure interference protection and high quality sound for large events.

After the auction, the Commission anticipates there will be one channel in each area which would be available for shared use by wireless microphones and TV white space devices.  PAA continues to advocate for two safe-haven channels of spectrum for wireless microphones to protect against interference, as well as eligibility for performing arts venues using at least 25 microphones to obtain a license from the FCC. Click here to read the ex parte letter PAA sent to the FCC on May 7. Stay tuned for more details after the rules are published.

FCC Chairman Tom Wheeler announced that the spectrum incentive auctions—anticipated to start in 2014—will be scheduled to start in mid-2015. Wheeler stated that “Only when our software and systems are technically ready, user friendly, and thoroughly tested, will we start the auction.” The new timeline will allow for thorough testing of the auction’s operating system and the development of procedures for how to conduct the auction. Wheeler was confirmed to this role in late October and assumed the position in November.

In October, PAA and representatives from the NFL distributed to members of the House Energy and Commerce committee a letter addressed to the FCC. The letter asked for the retention of the two safe haven channels in the spectrum reserved for wireless microphones and E&C committee members were asked to sign in support. The letter was sent to Acting Chairman Mignon Clyburn on October 28.

Rep. Bobby Rush (D-1st IL) introduced to the House H.R. 2911, the Wireless Microphone Users Interference Protection Act of 2013, which would set in place certain protections for users of wireless microphones and wireless technologies. The bill asks the Federal Communications Commission to expand eligibility for part 74 licenses to certain wireless microphone users including the performing arts sector, to establish safe haven channels for wireless microphones, and to authorize access by owners and operators of wireless microphones to the TV bands databases for the purpose of protecting wireless microphone operations from interference. The bill was referred to the House Committee on Energy and Commerce. You can read the full text of the bill here.

These are the interference protections available to wireless microphone users, adopted by the FCC:

• The FCC has set aside two national "safe harbor" channels for entities using wireless microphones which are expected to permit 12 to 16 wireless microphones to operate in any one location.

• Additional channels in most markets have been made available by the FCC for wireless microphone use. These channels, which are occupied by or adjacent to broadcast television stations, are unavailable to TV Band White Space Devices.

• If a wireless microphone user needs more than these interference-free channels, it will be permitted to register its uses in a geo-location database which would provide an interference protection mechanism. Registration requires that a user prove that the available channels are insufficient for its needs. The registration must be submitted to the Commission 30 days in advance of the intended use to permit public notice and comment.

• Wireless microphones used in the performing arts will continue to operate under Part 15 as legitimate users of the broadcast spectrum.

Requirements for registration in the geo-location database:

• Performing arts organizations would have to ‘certify’ that they have exhausted the two safe-haven channels and other channels available in their area to participate in the database.

• Performing arts organizations can submit their needs for an entire year (ex: for multiple productions) if needs exceed the safe-haven channels. They should submit requests at least 30 days before their first production.

• Performing arts organizations should only request the channels they actually need; the FCC will not allow the warehousing of channels. Organizations may switch channels if necessary and the database will be quickly updated.

• Performing arts organizations are not competing with each other for spectrum; the database is intended to protect against interference from White Space devices, not from other wireless microphone users. Therefore, wireless microphone users are encouraged to form coalitions and pool their collective wireless microphone needs. If your coalition needs more than the two safe-haven channels and additional channels in your area, you should request the additional channels together. Sound engineers will have to coordinate with each other to eliminate interference within the coalition.

PAA went to Capitol Hill for “Pardon the Interruption,” a forum on the need to protect broadcast and wireless microphones used in the performing arts and other sectors. The event was held in conjunction with Rep. Bobby Rush’s (D-1st IL) development of H.R. 2911, the Wireless Microphone Users Interference Protection Act of 2013, which he introduced to the House on August 1. Rep. Rush and his staff hosted the event. This forum stressed the importance of wireless technology to the performing arts and other industries’ abilities to produce high quality experiences for their audiences. The FCC was urged to protect wireless microphones when it conducts spectrum auctions.

Theatre Communication Group’s Laurie Baskin represented PAA, testifying on a panel of stakeholders that included Julius Knapp, Federal Communications Commission; Tom Pope, First Baptist Church of Glenarden; Louis Libin, Broad Comm., Inc. (representing the NFL); and Maureen Bunyan, ABC 7 local news.  Harvey Fierstein, Tony-award winning actor and playwright also participated, delivering testimony on the importance of this issue to the NYC Broadway theatre community.  Click here to listen to this story from NPR that mentions the forum and talks about this issue. 

• To read Laurie Baskin's complete remarks, click here.
• To read Harvey Fierstein's complete remarks: click here.