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FCC Rushing to Approve Important Rule Without Public Input

by James Parks, Nov 3, 2008

Photo credit: prawnpie
A pending FCC rule could force Dolly Parton and other performers to give up their wireless mics.

Imagine this: You’re sitting in a Bruce Springsteen concert and all of a sudden, in the middle of “Born to Run,” you decide to check your e-mail messages on your BlackBerry and it knocks The Boss’ wireless mic out. Or you’re sitting in church and a baby monitor down the street shuts down the minister’s mic.

That’s what could happen if the Federal Communications Commission (FCC) goes ahead and approves a new rule opening up the white spaces—the frequencies between those assigned to TV stations—to other portable wireless devices. For more than 30 years, wireless microphones exclusively have been allowed to operate on those white space frequencies.

But on Nov. 4, a day when the nation will be focused on the election, the FCC will consider final approval of a rule to open up the white spaces, even though their own field tests show that the technology designed to prevent interference with existing users does not work. On top of that, the FCC released the 400-page report on the field and technology tests in mid-October—too late for experts in the field to read or comment on it before tomorrow’s vote.

The result of a quick vote could be disastrous for musical artists, news reporters and anyone else who uses a wireless mic, critics say. They also point out that the rule could have serious economic implications, jeopardizing the jobs of millions in the entertainment and news business who must rely on interference-free microphones to do their jobs. The new rule could force theme parks, such as Disney World, and large musical performances, such as the Rolling Stones, to use stationary, wired mics to insure there is no interference, they say.

Many performers say the rule would move the entertainment industry back by 30 years to the days when mics were stationary and wired.  They ask if audiences would tolerate Mickey Mouse and Mick Jagger having to stand in one place to perform. The result, they say, would be a loss of customers who are accustomed to a much higher quality show.

In a letter to the FCC, Dolly Parton, a member of the American Federation of Television and Radio Artists (AFTRA), who uses wireless mics in her live concerts and at her Dollywood theme park in Tennessee, lays it on the line:

With a failing economy and millions of Americans fearful their jobs are at risk, the federal government should be supporting well established industries that have demonstrated consistent growth and economic opportunity, despite the condition of the stock market. Putting the fates of millions of people and the future of U.S. economic strongholds at significant risk simply to satisfy the demands of some of America’s largest corporations is a dangerous and shortsighted answer to a highly complicated question.

Both the American Federation of Musicians of the United States and Canada (AFM) and AFTRA are actively fighting against the rule. In a letter to the FCC, AFTRA’s Associate General Counsel Terrie Bjorklund says:

The potential harm that would result from a plan allowing other wireless devices to operate in the same frequency bands as wireless microphones, without adequate notice or protection, cannot be minimized. Consider the impact on a community of missing a live report from the scene of a major news emergency or event because the audio was lost in interference caused by an unlicensed device.

Several members of Congress have urged the FCC to delay a vote and condemned the rush to vote before experts can comment. One letter, signed by eight House members says:

…priority must be given to making the final decision a transparent and fair process. To justify a major spectrum policy decision on a 400-page technical report without a formal open comment period appears to violate this very basic premise of good government.

The new rule is being pushed by giant electronic information companies such as Dell, Microsoft, Google, HP and Motorola, who say they plan to use access to the white spaces—which they would get for free from the taxpayers—to sell wireless Internet in rural areas, as well as an array of portable wireless devices. Critics say better, more secure strategies are available to spread the Internet to rural and inner city areas, ideas the FCC has not taken the time to hear.

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