May’s Auction 87 Perfect Fit for Many
In comments filed with the FCC this week, EWA applauded the forthcoming May 25th auction of 7,752 VHF and UHF licenses that were previously unsold or later recovered. EWA noted that access to this available spectrum can be quite beneficial for a segment of the wireless industry that generally doesn’t do quite as well in more substantial auctions where national commercial carriers are better equipped to participate financially. Regardless whether very small amounts of spectrum are available in specific geographic areas in this auction, spectrum needs may still be accommodated. EWA did, however, suggest that there is little benefit to require anonymous bidding as there would be little, if any gains to economic efficiency or auction competitiveness.
Please contact Nancy Gruen at Nancy.Gruen@enterprisewireless.org or at 800.886.4222 for further Auction 87 information, and to learn what spectrum is being made in your market area. MORE
Category: EWA On Your Side“Inadvertently ... the renewal was Omitted”
The FCC issued a reduced $250 fine to Bible Broadcasting Network (BBN) for willfully violating Section 73.3539 of the Commission’s rules by failing to timely file a license renewal application, despite continued operation of station K217EY. BBN asked for forgiveness explaining that “inadvertently, the application for renewal of the station was omitted from the application from the KYFO-FM application [and that] it was unintentional.” The Commission noted in its Forfeiture Order that in assessing forfeitures, that it will take into account the “nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and such other matters as justice may require.” BBN was ultimately fined as violations from “inadvertent errors are willful violations.”
Category: Enforcement Corner“Minor in Nature”
The FCC issued a $13,000 fine to Verizon Wireless citing repeated violations of Commission Rules 17.4(a) and 17.21(a) relating to the registration, painting and lighting of one of their towers in Hartwell, Georgia. The tower is over 200 feet in height and was constructed in 2004. Verizon asked for a reduction of the proposed forfeiture as it felt the violation was minor in nature. The Commission did not agree given that antenna structure is over 200 feet in height and has remained unregistered, unlit and unpainted for several years, posing a serious hazard to air navigation. MORE
Category: Enforcement CornerAAA Requests Certification to Provide 800/900 MHz B/ILT Coordination
In making a request to enter the 800/900 MHz Business/Industrial Land Transportation (B/ILT) frequency coordination business, the American Automobile Association (AAA) states they are “qualified” and meet the criteria to do so, and further suggest that Industrial/Business systems below 512 MHz are similar to such systems above 800 MHz. The FCC issued a Public Notice (WT No. 10-3) asking for comment by February 4, 2010, and reply comments by February 19, 2010, on the AAA informal request for frequency coordination certification. MORE
Category: In the newsReboot.FCC.gov Website Seeks Citizen Feedback
The FCC is looking for input on how to improve usability, accessibility and transparency across the agency, according to Chairman Julius Genachowski. A new website Reboot.FCC.gov highlights five key elements, specifically, redesign of FCC.gov, Data, Engagement, Systems and Rules and Processes for public discussion and feedback. The launch of Reboot.FCC.gov includes the first official FCC blog with posts from FCC employees and the five Commission members. MORE
Category: In the newsCPNI Certifications Due March 1
The FCC Enforcement Bureau Enforcement Advisories announces that the annual CPNI certifications are due by March 1, 2010. The Enforcement Advisory provides a FAQ list about CPNI, a CPNI Certification Template and the text of the CPNI rules and safeguards required for use of customer proprietary network information. All telecommunications carriers who provide telecommunications services, such as paging and commercial mobile radio services providers, are required to file a CPNI certification. Companies offering telecommunications directly to the public, whether telephone interconnect is provided or not, are required to file a certification. This advisory provides a certification template of what must be included in the filing, dates for filing and procedures. If you have any questions contact the FCC Enforcement Bureau at 202.418.7450 or EWA at 703.797.5116. MORE
Category: In the newsTETRA Association Waiver Request
The FCC has received twelve comments in response to the TETRA Association request for waiver of Parts 2 and 90 to allow Terrestrial Trunked Radio (TETRA) technology to be used in the U.S. The Land Mobile Communications Council (LMCC) expressed concern that a blanket waiver of the bandwidth limitation and emission mask rules would increase the potential for interference to existing Part 90 licensees. They commented, as did others, that, if the Commission believes the request is warranted, it should open a rule making proceeding in order to allow for a full review and consideration of the requested changes. MORE
Category: In the newsNo More 700 MHz Devices after June 2010
The FCC’s recent Order and Further Notice of Proposed Rulemaking impacts the use of wireless microphone systems operating in the 700 MHz band, by prohibiting the further distribution and sale of devices that operate in that band. This action and a band-clearing deadline are considered necessary for completing the DTV transition. The Order is in response to concerns of public safety agencies and commercial wireless carriers that the targeted devices would inevitably cause interference to licensed 700 MHz operations. A sunset period concludes on June 12, 2010, one year after the DTV transition, so those using the 700 MHz band have ample time to transition to alternative frequencies. The FCC web site www.fcc.gov/cgb/wirelessmicrophones provides a database to determine if a wireless device is currently operating in prohibited bands and if the device can be retuned to operate on another band. MORE
Category: In the newsGenachowski Requests National Broadband Plan Extension
Chairman Genachowski requested a one month extension from Congress for completion of the FCC’s National Broadband Plan, advising that the agency would deliver the final plan on March 17, 2010. Genachowski said the additional time will allow the Commission to continue to receive input from the public and to fully brief Commissioners and House and Senate Committees on the Plan. Congress had directed the FCC to develop the Plan and asked for it to be delivered by February 17, 2010. MORE
Category: In the newsSpectrum Inventory Bill Passes House Subcommittee
The FCC and NTIA FCC would be required to do an inventory of spectrum between 225 MHz and 3.7 GHz, under a bill approved on a unanimous vote of the House Communications Subcommittee. Chairman Rick Boucher, D-Va., submitted a manager's amendment to the bill, which was sponsored by Commerce Committee Chairman Henry Waxman, D-Calif. This amended legislation would now provide the agencies a year to do the inventory, up from six months in the original bill, and would require a report to Congress every two years rather than annually. The upper limit of the spectrum range to 3.7 GHz from 10 GHz also aligns better with the Senate Spectrum Inventory bill that would audit spectrum from 300 MHz to 3.5 GHz. The agencies would be allowed to audit up to 10 GHz if they decide the benefits outweigh the costs. MORE
Category: In the newsWas I ever wrong ...
Last April, I wrote an editorial discussing the Radio Spectrum Inventory Act that had been introduced by Senator John Kerry (D-MA) that would require both the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to build an inventory of radio spectrum bands that they respectfully manage. While no specific objective of the legislation was provided in the bill, it was apparent then and now that the primary strategy is to identify spectrum that would be available for broadband uses. At the time, I did not believe that this legislation had any hope of passing. Was I ever wrong! Not only does this legislation have significant traction, a House version of this legislation containing much needed clarity received bipartisan support and was unanimously voted out of the House Communications Subcommittee last week.
The House version recognizes a few realities. First, you can’t ask these two agencies to construct and issue a meaningful and comprehensive report within six months. That’s not possible, especially if you want the data to be relevant. This time around, the legislation provides the FCC and NTIA one year to do their respective inventories. Not much better, but certainly better than half as much. And instead of requiring an annual report, the agencies would provide an update every two years. Providing more time in this town doesn’t necessarily result in a better product, but if you want an accurate spectrum inventory, more time would be helpful to ensure that the data gathered and reported is reliable and useful.
The emphasis seems to have changed as well from simply identifying spectrum to be reallocated, to identifying spectrum that may be “otherwise made available for shared access.” I think this new provision wisely reflects the fact that it will not be possible to identify any meaningful quantity of spectrum anytime soon, especially if the primary targets are Federal or broadcast bands. These incumbents are not going to go gently into the night, but may be willing to share just as long as the interference potential is remote. Of course, sharing spectrum in Wyoming isn’t quite the same as sharing spectrum in New York. But incorporating the concepts of repurposing and sharing spectrum in addition to reallocating spectrum significantly improves this legislation.
Very smart policy professionals that I know are rightly worried; however, that 500 to 800 MHz of spectrum won’t be near enough to feed the broadband applications that are immediately in front of us. Technological improvements that promote more efficient spectrum use must be an integral, mandatory component of this national quest. Why 800 MHz of spectrum? Apparently the International Telecommunications Union has concluded that developed countries will need 1300 MHz of spectrum for commercial wireless operations by 2015. I’m not sure how they reached that conclusion, but the U.S. has 500 MHz in use by commercial services, so logic (and simple old math) dictates that we’re going to be short 800 MHz. I’m sure glad that the ITU didn’t say that 2500 MHz of spectrum would be needed, but maybe they should have. Whatever the number, technology enhancements must be considered a part of the solution.
The good news is that the legislation is getting better, and more focused. The Senate’s bill will eventually align with the House version. Spectrum Inventories at the FCC and NTIA may be close at hand.
Category: Message trom the President