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Although the pro audio industry has been discussing their concern about this topic for several years, and while we have had an ongoing discussion on this topic in the ChurchSoundcheck Discussion Group for more than two years, there is still a surprising amount of confusion, misunderstanding, and mythology floating around the internet and in various discussion circles regarding the real story about wireless mics. A very real and important question every church tech and pastor needs to be asking is "can we legally operate our current wireless microphones?" If those mics operate in what is known as the 700 MHz Band, the answer is a resounding "no"!
Joining our heart to communicate technical excellence to the church in a mythology-free zone, Chris Lyons at Shure recently shared the following comments with our ChurchSoundcheck members. We encourage you to share this information with your church tech staff and leadership as soon as possible. If you haven't already stopped using and/or replaced any wireless mics that you have that happen to operate in the 700 MHz band, you need to read, understand and act on the information offered here. Here are Chris Lyon's comments:
Even now that the June 12 cutoff date for wireless microphone operation in the 700 MHz band has passed, some users are reluctant to stop using their systems and purchase new equipment that they may not be able to afford right now. I'm sure that most church leaders rely on technical staff and industry professionals like you as their best sources of information. From the many posts on this topic, it appears that many church leaders are asking similar questions. I've attempted to answer some of these below.
Is violating an FCC rule "breaking the law"? Yes. The Communications Act of 1934
How will they catch us? As a number of posters have pointed out, the new licensees (carriers, public safety agencies, etc.) have the time, the tools, and the talent to ensure that their ability to use their spectrum is unimpeded. Wireless microphones can reduce the performance of their network, and they have an operational or financial interest in preventing that. Also don't forget that the FCC has Field Offices all around the country staffed with agents whose job it is to ensure compliance with regulations.
Who's responsible? The rules do not make it clear exactly who or what entity is legally responsible for the operation of a wireless microphone. A quick reading of some past enforcement actions suggests that the FCC typically considers the operator (i.e. the venue) responsible for the actions of its employees and independent contractors.
What if we didn't know that we were doing anything wrong? There are a number of enforcement actions on file in which an individual or business has been fined for operating a radio transmitter, walkie-talkie, or similar device, even though they didn't know that it was illegal to do so. Here's an example where a hotel was fined for improperly using common consumer walkie-talkies for business purposes (which isn't allowed).
How much will it cost? As far as I know, no one has ever been fined for using a wireless microphone, so it's difficult to determine exactly what the fine would be. The base fine for "operating on an unauthorized frequency" appears to be $4,000. This can then be increased to account for repeated or ongoing violations (e.g. how many days since June 12th), and/or to account for the number of violations (e.g. 10 wireless mics). It's not hard to see that this could total much more than the cost of replacing the equipment (which you will then have to do anyway).
What if we stop as soon as we're told to? From reading a few documents, it appears that the FCC only considers it significant if the operator stops the violation before being notified. Once you've been notified, the damage is probably done.
Is there a chance that the 700 MHz ruling will be rescinded? No. The spectrum has been auctioned, billions of dollars have been invested, and new licensees are already operating. The government is not going to give the carriers a refund and ask them to take down their new towers.
If you'd like to browse recent enforcement actions, you can find them here: http://www.fcc.gov/eb/Welcome.html
If you'd like to read the rules on enforcement and see a schedule of fines, you can find them here:
I hope that this information helps you to guide administrators, leaders, and clients in their decision making.
Chris Lyon
Shure, Inc.
Further information can be found at: http://www.fcc.gov/cgb/wirelessmicrophones/
Voice: 888-547-1727 or 972-747-8083 / Fax 972-747-8084