The Broadway League had asked the FCC to refrain from approving new devices that will transmit in the "white space" radio spectrum (currently occupied by wireless microphones) into the public air space. Wireless microphones are an essential tool of the live performance industry, used in the daily operations of countless theatres and non-profit performance venues, sports arenas, and concert halls across the country. On November 4th, the issue was voted on and the FCC voted five to zero to approve opening up the "white space" frequency to public use.

A preliminary review of an FCC engineers' report issued on October 15, 2008 demonstrates repeated failures of spectrum sensing to recognize wireless transmissions. While regulations that include reference to spectrum sensing technology would rely on unproven technology, the FCC may forge ahead and adopt new rules without allowing interested parties any prior opportunity to ensure the Commission took adequate steps to address the needs of all wireless microphone users.

Theatres in urban areas are at particular risk because the complex radio environment is beyond any measure of control. Not only is the quality of the performances at risk, but also the safety of all who work in these venues will be compromised. Accordingly, sound engineers will have no way to locate or report the source of interference should a portable device disrupt a live performance.

The Broadway League strongly urged the Commission to recognize incumbent white space users and, at the very minimum, employ basic protections to address the needs of Broadway. The Broadway League has been working with theatres across the country to help get the message to the FCC of the many consequences of a hasty decision. This week it also reached out to the Commission with an ad campaign to help bring attention to the serious situation this premature vote creates.

The FCC concluded in their meeting and voting that after various tests they don't believe opening the air space to the public will interfere with the wireless microphones and sound devices used on many Broadway shows. They plan on implementing future technology that will sense when the space is "in use" by a theater and automatically shut down other use in that area.

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