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Resolution urging the Federal Communications Commission to refrain from implementing proposed regulatory amendments that would allow portable devices to operate on the white space radio spectrum without ensuring that such amendments will not negatively impact television broadcasters, performing artists, professional sports leagues, and all incumbent wireless microphone users.
By Council Member Brewer and The Speaker (Council Member Quinn)
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 television broadcast channels; 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, 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 white spaces over a short range; 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, To ensure that television reception and short-range wireless microphone systems are not negatively impacted by the use of white spaces for high-speed broadband internet, some members of the White Spaces Coalition have designed devices which purport to detect when a channel is occupied and switch, automatically, to an unoccupied channel; and
Whereas, Despite testing by the FCC that has consistently demonstrated that these devices do not accurately detect occupied channels, and therefore can interfere with wireless microphone transmissions, the FCC remains poised to issue a ruling on this issue within the upcoming months; and
Whereas, If the FCC implements the regulatory changes under consideration, live theatre, the performing arts, film and television production companies will be unable to prevent constant interference with microphone systems, devastating those industries within the City of New York; and
Whereas, Without protection from interference, productions will be forced to scale down their productions and their use of wireless microphones in an effort to diminish the probability of wireless interference; and
Whereas, While new technologies allowing consumers to transmit information faster is certainly valuable, such advances should not come at the expense of the high quality sound devices used in live theatre, the performing arts, film and television production, and professional sports leagues, nor should they come at the expense of television broadcast quality; now, therefore, be it
Resolved, That the Council of the City of New York urges the Federal Communications Commission to refrain from implementing proposed regulatory amendments that would allow portable devices to operate on the “white space” radio spectrum without ensuring that such amendments will not negatively impact television broadcasters, performing artists, professional sports leagues, and all incumbent wireless microphone users.