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.
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 Commissions 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 Commissions 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.
