SO it turns out in 2003, the FCC amended the rules — but only with regard to higher power services governed by Subpart F. These higher power services were explicitly made secondary to any new entrants following the digital transition. (See 47 CFR 74.602(h)(3)). But the lower power wireless microphones governed by Part H (47 CFR 74.800 et seq) were not so designated.
I suppose an argument can (and will) be made that the FCC’s 2003 BAS Order designated all BAS services as secondary to new entrants in Channels 52-69. But it should be reflected in the rules, and failure to modify 47 CFR 74.802 creates legal headaches at the very least. And, even if the argument is accepted, it doesn’t solve the problem of all the legacy equipment in the hands of tens of thousands of users who will potentially be screwing up the new licensed wireless systems.
Stay tuned . . . .