83 FR 10641 - Consumer Disclosure and Labeling; Promoting Spectrum Access for Wireless Microphone Operations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range		10641-10643
FR Document		2018-04876

In this document the Consumer and Governmental Affairs Bureau, Wireless Telecommunications Bureau, and the Office of Engineering and Technology of the Federal Communications Commission adopt specific language for the consumer disclosures which the Commission adopted in 2015 and which concern the operation of wireless microphone (licensed or unlicensed) or video assist devices capable of operating in the 600 MHz service frequency band. With the close of the incentive auction on April 13, 2017, the 600 MHz service band has been reallocated for new wireless services, and wireless microphones and video assist devices must cease operations in this band no later than July 13, 2020 to avoid harmful interference to new wireless services. This disclosure requirement, including the specific Consumer Alert language, applies to persons who manufacture, sell, lease, or offer for sale or lease, wireless microphones or video assist devices authorized pursuant to and informs consumers of the changes that will affect their use of these devices in the newly established 600 MHz service band.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10641-10643]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04876]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 74

[GN Docket No. 14-166, ET Docket No. 14-165, GN Docket No. 12-268: DA
17-709]

Consumer Disclosure and Labeling; Promoting Spectrum Access for
Wireless Microphone Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Consumer and Governmental Affairs Bureau,
Wireless Telecommunications Bureau, and the Office of Engineering and
Technology of the Federal Communications Commission adopt specific
language for the consumer disclosures which the Commission adopted in
2015 and which concern the operation of wireless microphone (licensed
or unlicensed) or video assist devices capable of operating in the 600
MHz service frequency band. With the close of the incentive auction on
April 13, 2017, the 600 MHz service band has been reallocated for new
wireless services, and wireless microphones and video assist devices
must cease operations in this band no later than July 13, 2020 to avoid
harmful interference to new wireless services. This disclosure
requirement, including the specific Consumer Alert language, applies to
persons who manufacture, sell, lease, or offer for sale or lease,
wireless microphones or video assist devices authorized pursuant to and
informs consumers of the changes that will affect their use of these
devices in the newly established 600 MHz service band.

DATES: This rule is effective April 11, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Murray, Office of Engineering and
Technology, 202-418-0688, Paul.Murray@fcc.gov. For additional
information concerning the Paperwork Reduction Act information
collection requirements contained in this document, send an email to
PRA@fcc.gov or contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION: The Commission will not send a CRA for this
document because it only constitutes specific language to the consumer
disclosure rules that were adopted by the Commission in 2015 in the
Wireless Microphones R&O, 80 FR 71702, November 17, 2015, as revised in
2017 in the Wireless Microphones Order on Reconsideration, 82 FR 41549,
September 1, 2017. The Commission submitted the Wireless Microphones
R&O, which included the rule provisions adopting the consumer
disclosure requirements, to Congress, GAO, etc. This document revises
the Commission's rules to provide the specific language consumer
disclosure text associated with the previously adopted rules, which the
Commission had directed in 2015 that the Consumer and Governmental
Affairs Bureau provide once the incentive auction closed. The document
implements what the Commission had directed in 2015.
This document contains the specific Consumer Alert text associated
with new information collection requirements that are subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. This language
was submitted to the Office of Management and Budget (OMB) in November
2017 for review under section 3507(d) of the PRA, and on January 18,
2018, OMB approved this information collection, published elsewhere in
this issue of the Federal Register. In addition, we note that, pursuant
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how
the Commission might further reduce the information collection burden
for small business concerns with fewer than 25 employees. In this
present document, we have assessed the effects of the requirement that
entities provide this specified consumer disclosure text with regard to
the manufacture, sale, lease, or offer for sale or lease, of wireless
microphones that operate in the 600 MHz service band, and find that by
allowing such entities--including businesses with fewer than 25
employees--several ways to comply with the consumer disclosure
requirement to display this specified text (e.g., providing a label or
sticker on a product box, or prominently displaying the text next to
the device in a catalogue or electronic sales material), the Commission
has effectively minimized the burden of compliance.
This is a summary of the Order adopted by the Consumer and
Governmental Affairs Bureau, the Wireless Telecommunications Bureau,
and the Office of Engineering and Technology, GN Docket No. 14-166, ET
Docket NO. 14-165, GN Docket No. 12-268, DA 17-709, adopted July 24,
2017 and released July 24, 2017. The full text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street SW,
Washington, DC 20554. The full text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0724/DA-17-709A1.pdf. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis

1. In this Order, the Consumer and Governmental Affairs Bureau, the
Wireless Telecommunications Bureau, and the Office of Engineering and
Technology provide the specific language that must be used in the
consumer disclosure required by the Commission in 2015 in Sec. Sec.
15.37(k) and 74.851(l) 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 Sec. 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 specific Consumer Alert text in the
consumer disclosure rules informs consumers of the specific frequencies
associated with the 600 MHz service band and also informs them 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 the text informs consumers that they may be required
to 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. On August 5, 2015, the Commission adopted the Wireless
Microphones R&O, 80 FR 71702, November 17, 2015, which established
various rules applicable to wireless microphones (and other low power
auxiliary stations) that operate in the TV bands (which at that time

[[Page 10642]]

included TV channels 2-51 except channel 37). 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. Among other actions, the Commission
adopted the consumer disclosure requirement set forth in Sec. Sec.
15.37(k) and 74.851(l). The rules require that anyone selling, leasing,
or offering for sale or lease, wireless microphones that operate in the
600 MHz service band must display the specific text of the consumer
disclosure at the point of sale in a clear, conspicuous, and readily
legible manner. The Commission required that the consumer disclosure 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.
3. 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 required
consumer disclosure following the close of the broadcast television
incentive auction and issuance of the Closing and Channel Reassignment
Public Notice, which established the frequencies that are associated
with the 600 MHz service band; the Closing and Channel Reassignment
Public Notice was released on April 13, 2017. As directed by the
Commission, the Consumer and Governmental Affairs Bureau, the Wireless
Telecommunications Bureau, and the Office of Engineering and Technology
adopted the text provided in this order as the specific language to be
included in the consumer disclosure rules. This text will be included
in Sec. Sec. 15.37(k) and 74.851(l) of the Commission's rules.
4. 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
Sec. Sec. 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
this ORDER is hereby adopted.
5. 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 document in the Federal Register announcing such approval
and the relevant effective date.
The information requirements were approved by OMB as of January 18,
2018, as published elsewhere in this issue of the Federal Register, so
this document satisfies that notice and publication requirement.

List of Subjects

47 CFR Part 15

Labeling, Reporting and recordkeeping requirements.

47 CFR Part 74

Reporting and recordkeeping requirements.

Federal Communications Commission.
Julius P. Knapp,
Chief, Office of Engineering and Technology.

Final Rules

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 parts 15 and 74 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 554a, and
549.

0
2. Section 15.37 is amended by revising paragraph (k)(4) to read as
follows:

Sec. 15.37 Transition provisions for compliance with the rules.

* * * * *
(k) * * *
(4) The consumer disclosure text described in paragraph (k)(1) of
this section is set forth in Figure 1 to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12MR18.004

[[Page 10643]]

* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES

0
3. The authority citation for part 74 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and
554.

0
4. Section 74.851 is amended by revising paragraph (l)(4) to read as
follows:

Sec. 74.851 Certification of equipment, prohibition on manufacture,
import, sale, lease, offer for sale or lease, or shipment of devices
that operate in the 700 MHz or the 600 MHz Band; labeling for 700 MHz
or 600 MHz band equipment destined for non-U.S. markets; disclosures.

* * * * *
(l) * * *
(4) The consumer disclosure text described in paragraph (l)(1) of
this section is set forth as Figure 1 to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12MR18.005

[FR Doc. 2018-04876 Filed 3-9-18; 8:45 am]
BILLING CODE 6712-01-P

Document Created: 2018-11-01 08:51:11
Document Modified: 2018-11-01 08:51:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective April 11, 2018.
Contact		Paul Murray, Office of Engineering and Technology, 202-418-0688, [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele at (202) 418-2991.
FR Citation		83 FR 10641
CFR Citation		47 CFR 15 47 CFR 74
CFR Associated		Labeling and Reporting and Recordkeeping Requirements