From our Spectrum Re-pack Files: following close on the heels of the revised rules for wireless mic use, the revised rules governing Part 15 operations in the post-re-pack world are now set to take effect December 23, 2015.
As we reported last August, the Commission adopted two separate orders dealing with the new lay of the land for some 600 MHz users – namely, white space devices and wireless mics – who will be displaced by the post-Auction spectrum reallocations. One of those orders provided new spectrum allocations for licensed wireless microphones, while the other addressed Part 15 unlicensed use in the 600 MHz band. The wireless mic order showed up in the Federal Register last week. And now the second one, which modifies the rules for unlicensed use of 600 MHz by both white space devices and unlicensed wireless microphones, has joined it in the Register. The rule revisions in this “Part 15” order will become effective as of December 23, 2015 – except for the revisions to §§15.713(b)(2)(iv)-(v), (j)(4), (j)(10), and (j)(11), 15.715(n)-(q), 27.1320 and 95.1111(d). Those exceptions – rules governing the operations and administration of white space databases – involve “information collections.” We all know what that means: they can’t take effect until the Office of Management and Budget has reviewed and approved them pursuant to the Paperwork Reduction Act.
As with last week’s FedReg publication, this one starts some important count-downs. Petitions for reconsideration of all or part of this Report and Order must be filed with the FCC by December 21; and petitions for judicial review must be filed (with the federal court of appeals of the petitioner’s choice) by January 19, 2016. (Note, however, that any would-be appellant with his or her heart set on being heard by a particular circuit should probably (a) file by November 30 and then (b) follow the steps necessary to get into the judicial lottery, should one be necessary.)