MAP Files Complaint Over Microphones Sharing TV Band

Consumer groups: Shure, other wireless-microphone manufacturers induced individuals, churches, Broadway producers to buy microphones that they are not authorized to use.

By John Eggerton -- Broadcasting & Cable, 7/16/2008 8:10:00 PM

Consumer groups filed a complaint at the Federal Communications Commission against Shure and other wireless-microphone manufacturers saying that they induced individuals, churches and even Broadway producers to buy microphones that they are not authorized to use as a potential risk for emergency communications.

Shure vigorously denied the characterization but said it is already working to clear up any potential problems with emergency communications.

The complaint was filed by Media Access Project on behalf of the Public Interest Spectrum Coalition, which is pushing the government to get more bang out of its spectrum buck.

An FCC source conceded that the majority of wireless microphones, including those used by churches and Broadway producers, are technically in violation of its rules but said there have been few if any complaints from broadcasters or anyone else about interference.

The microphones operate in the UHF band, including channels 52-69, which are being reclaimed after the transition to digital for use by, among others, first responders, which could change that loosey-goosey approach.

"This is a serious concern and one that raises many complex issues," FCC spokesman Rob Kenny said. "That is why the chairman [FCC chairman Kevin Martin] has proposed taking steps to address possible interference that wireless microphones may cause to legitimate public safety and commercial communications" after the transition to digital TV in February 2009.

The proposal was circulated among the commissioners June 10, a source said, and would deal with who could use the microphones and under what circumstances.

One of the goals of the complaint, and an accompanying proposal for how to resolve it, is to clear away an obstacle to the use of so-called white spaces between TV channels by unlicensed mobile devices, which computer companies are pushing for. One of the arguments against those is that they interfere with wireless mikes at church services and Broadway shows.

While the MAP plan for resolving the issue includes granting amnesty to all of those unlicensed wireless-mike users and giving them licensed, secondary status in the lower TV band 2-52, it also said failure to resolve that issue should not stand in the way of making use of the white spaces.

"Unauthorized users have no legal right to claim protection against uses officially authorized by the commission," the complaint argued. The commission has yet to authorize that use, however. It is currently testing those devices.

In addition to launching an investigation into microphone maker Shure and the amnesty/relocation proposal, the plan also included preventing the further sale of microphones that operate in channels 52-69 and changing to second-class status all licensed users of wireless mikes operating in that band after the transition to digital.

Shure defended itself against the charge that its "deliberate, deceptive and aggressive marketing" resulted in widespread "unauthorized use by ineligible users."

"Media Access and PISC’s grievance appears to be more with the FCC's regulatory steps taken to implement the DTV transition and new uses in the 700-MHz band [channels 52-69]," top spokesman Mark Brunner said. "Shure complies with all FCC requirements related to the marketing, manufacture and sale of wireless microphones and has never engaged in deceptive advertising practices. Manufacturers of microphones are required to submit to the FCC’s equipment-certification process to ensure that all microphone equipment is manufactured in accordance with the FCC’s rules."

Brunner said the widespread use of technical violators of the licensing scheme was because the TV interference the licensing scheme was meant to address "never materialized," due to the design of the mikes, and that, "As the use of wireless microphones expanded into a variety of applications beyond those originally envisioned -- with significant public benefit -- interference complaints have been essentially nonexistent. The commission understands that the conditions have evolved," he said, "and that today’s uses of wireless microphones provide a valuable and irreplaceable public good, regardless of the licensing scheme."

He also said Shure discontinued making mikes that operate in channels 52-69 last November, and it is working toward migrating users to the lower band.