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The Bottom Line: Legal Use of Wireless Microphones
Despite some "urban legends" to the contrary, all professional audio wireless microphones, wireless intercoms and wireless in-ear monitoring systems used in the U.S. are required to be licensed by the FCC (Federal Communications Commission). Although enforcement actions have been infrequent, unlicensed operation can potentially subject wireless users to fines and other penalties. Unfortunately, the FCC generally tends to regard wireless systems as a waste of precious RF spectrum (“use a cable”) and discourages their use. For this reason, licensing requirements are strict and the application process is quite difficult. Licenses must also be renewed annually and there is a $25 application fee per filing, although a filing can cover multiple systems. Of course, none of this seems sensible to most wireless system users, and the great majority simply ignore the requirement. After all, it's only 50 mw! How far can that go? And many users are simply unaware of the FCC rules. However, unlicensed operation may be particularly risky for wireless users such as broadcasters, TV and film producers, high-profile venues and companies regulated by the government. Broadcasters and TV/film producers can qualify for licenses under Part 74, Subpart H of the FCC rules, "Low Power Auxiliary Stations". Other "general" wireless users who can’t qualify under Part 74 can only be licensed on a very restricted basis for eight specific VHF frequencies in the 170 MHz range. However, only four of these frequencies can be used at one time at a location and interference is often a serious problem. General wireless users who do attempt to license these frequencies find that the process is extremely complicated and difficult, leading most to simply give up. Although the list of who qualifies under Part 74 of the FCC rules is quite restrictive, the "television producer" category offers some hope for many wireless users. In the past, this has been viewed broadly by the FCC, and many organizations have been successful in obtaining licenses under this category. While the FCC seems to be tightening the requirements, there is still hope for many applying under this category. In the past, licenses have been obtained for the following types of activities, among others: * Universities, colleges and schools who videotape classes for later broadcasting, cable TV use, distribution to individuals unable to attend classes, research, exchange with other educational institutions and other distribution. * Houses of worship who videotape services for broadcasting, cable TV use, exchange with other houses of worship, later viewing by individuals unable to attend services and other similar distribution. * Large venues with video facilities who produce and distribute videotapes to venue users. * Corporate A/V departments who produce videotapes for employee training, dealer training, stockholder communication, research and other distribution. The key appears to be “distribution”. If film or videotape is made to be distributed for a legitimate nontrivial purpose, and the use of wireless is an integral part of the production, there is a good chance that a license can be obtained. However, the application must be carefully and thoughtfully prepared to present the best possible case for approval. License applications must be submitted on FCC form 313 along with the required $25 fee. Unfortunately, the FCC does not make this form available on their Web site, and it must be requested from a regional FCC office. The form is not all that complicated, but all the requirements in paragraph 74.832 of the FCC Rules must be very carefully followed. Part 74 of the FCC rules can be downloaded on the Web. Go to: Gary can be reached at stanfill@deltanet.com. Gary Stanfill is principle consultant for Colmar Systems, based in Southern California. His company has provided engineering and marketing consulting services to wireless microphone manufacturers for several years. Stanfill was president and general manager of Vega, a leading manufacturer of wireless microphone systems, for a total of 18 years. He has over 30 years experience in audio, RF technology, communications and wireless systems. |