Model City Council white spaces resolution

Written by Joshua Breitbart Wednesday, 25 March 2009 14:39

Resolution urging the Federal Communications Commission to implement regulatory amendments that would allow portable devices to operate on the white space radio spectrum in order to close the digital divide and stimulate investment in new technology without  negatively impacting television broadcasters, performing artists, professional sports leagues, and all incumbent wireless microphone users.

By Council Member

Whereas, The term “white spaces” refers to the unlicensed or unused portion of the radio spectrum found between television broadcast channels; and

Whereas, White spaces were assigned by the Federal Communications Commission (“FCC”) in order to minimize interference between analog television broadcast channels; and

Whereas, after the digital television transition of February 2009, the need for such white spaces to avoid interference will be greatly diminished; and

Whereas, Millions of persons across the country and hundreds of thousands in the City of New York rely on over-the-air broadcast signals for their television reception; and

Whereas, a study commissioned by the New York City Economic Development Corporation found that only 54 percent of moderate and high-income New Yorkers and only 26 percent of low-income New Yorkers have broadband access to the Internet; and

Whereas, the public hearings of the New York City Broadband Advisory Committee has shown a powerful need to connect more New Yorkers to the Internet at an affordable price; and

Whereas, Dozens of national industries, including live theatre, music productions, sporting events, film and television productions and houses of worship currently utilize wireless microphone systems that transmit in the television band over a short range; and
Whereas, only film and television productions are currently licensed to use these wireless microphone systems; and

Whereas, wireless microphone manufacturers have engaged in deliberate misinformation and deceptive advertising to persuade ineligible users such as houses of worship, theaters, corporate event venues, and members of the general public that they could legally purchase and operate wireless microphones operating on vacant broadcast UHF Channels without a license and for purposes prohibited by the Federal Communications Commission;

Whereas,  continued illegal use of the television band will put valued local institutions and industries at risk; and

Whereas, continued illegal use of wireless microphone systems in the television band on channels 52-69 may cause harmful interference with public safety users authorized to broadcast in that band; and

Whereas, The performing arts, including Broadway and Off-Broadway productions, nonprofit theatres, orchestras, opera companies, dance companies and presenting organizations have utilized wireless microphones in countless performances for more than three decades; and

Whereas, Wireless microphone systems permit the freedom of movement onstage, enhance backstage communication and contribute to the seamless operation of stage equipment; and

Whereas, The performing arts depend on wireless microphone systems in order to produce the high quality performances that contribute to the City of New York's rich and diverse cultural economy without jeopardizing the health and safety of performers, technicians and stagehands; and

Whereas, The use of wireless microphones by live theatre has evolved into a complex process, requiring technicians to adjust each show’s wireless system prior to every performance in order to coordinate with nearby productions and to adjust for the City of New York constantly changing ambient signal traffic; and

Whereas, The incomparable mystique and excitement of the City of New York’s theatre district has caused Broadway to develop into one of the City’s top tourist attractions, annually responsible for over $5 billion dollars of spending into the local economy and supporting the equivalent of over 44,000 full time jobs; and

Whereas, An alliance of large technology companies, including Microsoft, Google, Dell, HP, Intel, Philips, Earthlink, and Samsung Electro-Mechanics, collectively known as the White Spaces Coalition, has proposed that the FCC should adopt regulatory changes that would allow the use of white spaces to deliver low-cost high-speed broadband internet to personal portable devices; and

Whereas, The technology sector is a vital contributor to New York's economy, supporting the equivalent of over 316,509 full time jobs, according to the Bureau of Labor Statistics; and

Whereas, Prototype devices have demonstrated the feasibility of signal-sensing technology that will allow the use of white spaces without harmful interference to broadcasters; and

Whereas, A broad coalition of public interest groups, including People's Production House, Consumer Federation of America, Consumers Union, Free Press, Media Access Project, New America Foundation and Public Knowledge, primarily concerned with expanding high-speed access to the Internet have advocated for public access to the white spaces; and

Whereas, The Federal Communications Commission is prepared to rule on this issue in the upcoming months;

Resolved, That the Council of the City of New York urges the Federal Communications Commission to implement proposed regulatory amendments that would allow portable and fixed devices to operate on the “white spaces” of the radio spectrum without causing harmful interference to television broadcasters; and

Be it further resolved,  That the Council of the City of New York urges the Federal Communications Commission to grant a general amnesty to all unauthorized users of wireless microphones systems; permit use of the illegal equipment on a going forward basis until the Commission establishes a new license class to enable future use of such systems in live theater, performing arts venues, and houses of worship; and establish a new “General Wireless Microphone Service” for this purpose.