Operating With Expired License Equals $5,000 Fine
This one is fairly straight forward. The Enforcement Bureau’s Western Region office issued a monetary forfeiture in the amount of $5,000 to Tropicana Products, Inc., for continually operating radio transmitters without a license. Tropicana had formerly operated its system under station WPIJ645, in the City of Industry, California, but apparently failed to timely renew this call sign in 2005. Tropicana had also previously failed to respond to an earlier issued FCC Notice of Apparent Liability. It’s best to acknowledge receipt of such FCC communications. MORE
Category: Enforcement CornerMeasuring Broadband Network Performance and Coverage
As a part of its effort to gather information on fixed residential and small business Internet broadband services, the FCC now seeks public comment on whether and how to pursue a measurement program for mobile broadband services given the growing significance of mobile internet access. The FCC is also seeking comment on how providers may improve voluntary self-reporting of network performance and coverage. MORE
Category:Do You Know Your Broadband Speed?
Evidently not according to a recent FCC survey that revealed that 80% of broadband users in the United States do not know the speed of their broadband connection. This survey is part of the agency’s overall broadband speed initiative, which involves multiple FCC bureaus and offices and is being coordinated by the FCC’s Consumer Task Force. The FCC is also asking for 10,000 volunteers to participate in a scientific study to measure home broadband speeds in the U.S. If you are interested, visit this link.
Category:Wireless Communications Service (WCS)
The FCC recently revised the technical rules governing the 2.3 GHz band to facilitate the use of 25 MHz of spectrum to provide mobile broadband services. The new rules are designed to protect adjacent satellite radio and aeronautical mobile telemetry operations. The National Broadband Plan identified the WCS spectrum as part of its recommendations for making 500 MHz of spectrum available for broadband use within the next ten years. At the same time, the Commission adopted enhanced build out requirements to ensure spectrum utilization to the point where automatic license forfeitures may take place if licensees fail to meet performance benchmarks. MORE
Category:Auction 89 Announced – 281-219 MHz and Phase II 220 MHz Licenses
On December 7, 2010, the FCC will be conducting auction 89 where 1,420 licenses in the 218-219 MHz band covering 727 cellular market areas; and 448 Phase II 220 MHz Service licenses primarily covering Economic Areas will be made available. The 218-219 MHz Service is a short-distance communications service designed to provide any fixed or mobile communications service to subscribers within a specified service area. Licensees in the 220 MHz Service will be able to use this spectrum to provide voice, data, paging and fixed operations. MORE
Category: In the newsWireless Microphones – FCC Issues Enforcement Advisory
The Commission has issued an “Enforcement Advisory” reminding the public that it now prohibits the manufacture, import, sale, lease, offer for sale or lease, or shipment of wireless microphones and other low power auxiliary stations that operate in the 700 MHz band and are intended for use in the U.S. Further, any entity that sells or leases these devices must display a consumer disclosure at the point of sale or lease informing consumers of the conditions that apply to the operation of wireless microphones in the core TV bands. Consumers are being encouraged to visit the FCC’s wireless microphone website at www.fcc.gov/cgb/wirelessmicrophones.
Category: In the newsPublic Safety Waiver Request Receives Greater Scrutiny
It seemed like a simple request. The FCC has released a Public Notice on May 27th seeking comment on a request for waiver filed by the Township of Wayne, New Jersey that seeks trunked and conventional channel capacity using TV stations 14, 15 and 19. Specifically, the Township would use its frequency assignments in TV channels 14 and 15 for trunked operations and TV channel 19 for its conventional operations. As part of its waiver analysis, the FCC wants to know whether the 700 MHz public safety band would provide a viable spectrum alternative, particularly in light of the Commission’s desire to repurpose the broadcast spectrum for national broadband objectives. The FCC also asked whether it should consider the Township’s progress towards achieving its narrowbanding transition requirement from 25 kHz to 12.5 kHz, which is applicable within the 470-512 MHz band, before it determines whether to grant the Township’s request to use more TV broadcast spectrum. MORE
Category: In the news800 MHz Vacated Spectrum
The FCC has advised all of its certified frequency advisory committees that have agreed to conform to a Memorandum of Agreement governing the frequency coordination procedures for 800 MHz spectrum vacated by Sprint/Nextel Communications, that it will continue to update the Vacated Channel Search Engine on a regular basis with additional information regarding available channels as Sprint and other licensees relocate to the ESMR band and non-cellular licensees relocate to the Guard band. The public access files and vacated spectrum database have been updated to show vacated spectrum frequencies that are available effective June 1, 2010.
Category: In the news800 MHz Rebanding – Canadian Treaty Issue Surfaces
The rebanding process has caused the FCC and Industry Canada (IC) to recognize that a certain number of 800 MHz systems located in close proximity to the Canadian border were authorized for ERPs that exceed the levels permitted by treaty for U.S. primary channels. The IC has identified what is understood to be a relatively small number of systems that must have their power reduced and those that will be permitted to continue operating at power levels that exceed the treaty limitations. The FCC has begun issuing Orders Proposing Modification to reduce the authorized power for affected stations.
Category: In the newsNon-Standard 450 MHz Request Status
n March 2010, the FCC released a Public Notice seeking comment on a request from Motorola for clarification or a blanket waiver of the FCC rules to permit other than 5 MHz separation between paired base and mobile transmit frequencies for low power 450-470 MHz systems authorized pursuant to FCC Rule Section 90.267. In April, EWA filed comments indicating its support for more efficient use of spectrum, but expressed concern that the use of non-standard frequency pairs could complicate the frequency coordination process, particularly if used by low-power systems outside of confined facilities, including those deployed on mountaintop sites. On May 14th, Motorola filed Reply Comments suggesting that the FCC grant a blanket waiver of the rules authorizing a “450/465 repeater” with the base transmit frequencies located in the 450-455 MHz band and the mobile transmit frequencies in the 465-470 MHz band. According to Motorola, maintaining this configuration will minimize potential interference that could occur if bases transmitted on the mobile half of the pair and vice versa and, in conjunction with additional monitoring requirements for such systems, would permit them to co-exist in this band. Motorola Reply Comments
Category: In the newsLMCC Comments on Trunking Rules
On May 14th, in response to the FCC’s long-standing proceeding in WP Docket No. 07-100, the Land Mobile Communications Council (LMCC) provided the FCC with its recommendations regarding a number of proposed rule changes, and its views in response to specific Commission inquiries. Noting that the FCC’s trunking rules are perhaps the highest priority for LMCC members, the comments noted the importance of revising the contour calculation standard for mobiles, both in mobile-only systems and those associated with base station facilities. The LMCC supported rules which clarify that contour calculations for base stations only, not for associated mobiles, need to be considered. The LMCC also confirmed its view regarding two-way contour analyses requirements, such that “affected licensees” are those whose service contours are overlapped by a proposed centralized trunked station’s interference contour and those who interference contours are overlapped by a proposed centralized trunked station’s service contour. Several LMCC members filed comments specific to their constituents’ requirements. LMCC Comments
Category: In the newsFCC To Harmonize License Renewal Rules
On May 25th, the Commission released a Notice of Proposed Rulemaking (NPRM) with the intent to establish consistent requirements for the renewal of licenses and consistent consequences for the discontinuance of station operations, including those private land mobile services authorized under Part 90 of the rules. For site-specific licenses, the FCC is proposing that applicants certify that they are operating as represented in their latest construction notification or authorization, and that they are compliant with the Commission’s rules and policies. In this notice, the FCC is also seeking comment on the appropriate period that should be used to define permanent discontinuance of operations and whether the public interest would be served by adoption of a uniform definition for all Wireless Radio Services. Comments will be due at the FCC 30-days after date of publication of the NPRM in the Federal Register. MORE
Category: In the newsMaybe I’m seeing things ...
All major policy development at the FCC these days is focused towards the implementation of the National Broadband Plan, and every Bureau is on the same page. This objective touches virtually every Commission decision as evidenced by several of the articles that appear in this edition of Insider. The Plan concluded that 500 MHz of spectrum will need to be repurposed for broadband use, and that quantity of spectrum will be difficult to come by within the allotted five years. Maybe I’m seeing things and making something out of nothing, but there are a few FCC proceedings of late that could well establish new precedents that will serve to either preserve or create avenues to provide additional broadband spectrum that may affect EWA members.
For example, read the story below about a public safety applicant who seeks waivers to expand its currently authorized geographic footprint and its use of T-Band broadcast spectrum in New Jersey. In the past, with proper technical justification, these types of waiver requests from public safety entities were normally granted without much fanfare. But broadcast spectrum is the primary prospective broadband spectrum reservoir targeted by the FCC. In its Public Notice, the Commission asked whether the public interest would be better served if this applicant used dedicated public safety 700 MHz spectrum instead of expanding its operations on TV channels. The FCC also noted that this Township's licenses still show wideband (25 kHz) usage and asked whether progress in migrating to 12.5 kHz narrowband should be considered in deciding whether the waiver should be granted, even though the requirement to deploy narrowband doesn't apply for another 2 ½ years. Ok, the questions may not be new, but the weighing of the public interest may shift as the FCC eyes broadcast spectrum for its broadband potential.
In the use it or lose it category, the FCC in its 2.3 GHz Wireless Communications Service proceeding (where they just cleaned up some necessary technical use issues so that the 25 MHz of spectrum may be used for broadband purposes), the Commission has raised the performance requirements for maintaining licensee rights. Specifically, the FCC is proposing that if “a licensee fails to meet a performance requirement for an entire license area or for any defined market area, its entire license would terminate automatically. “ Granted most FCC licenses are subject to automatic termination if you fail to meet a construction/coverage obligation. But there typically has been a safety valve of demonstrating substantial service or retaining what was built while forfeiting what was not. The FCC appears to be moving toward an all-or-nothing proposition where even the slightest deviation from the coverage requirement would trigger automatic termination of the entire license. What impact that policy would have on the willingness of parties to invest in spectrum auctions remains to be seen.
And under the premise that the devil is in the details, in its new Notice of Proposed Rulemaking designed to harmonize license renewal procedures for both geographic and site-based licenses, the Commission claims that there is “near universal requirement than an applicant provide copies of all FCC orders finding the licensee to have violated the Act or any FCC rule or policy and a list of any pending proceedings relating to such matters involving the licensee.” Really? Where is the rule section that notes that such administrative information is necessary to be identified and attached to a simple license renewal? Recall the FCC has already advised that “Admonishments”, which would have to be reported at the time of license renewal as well, may be issued for those who fail to meet the 12.5 kHz narrowbanding requirement by January 1, 2013.
Would the FCC not renew a license if an Admonishment or a Notice of Violation was reported at the time of renewal? I don’t know at this point. Is this reporting process a bit much for spectrum bands that are highly unlikely to provide any meaningful or useable spectrum towards the broadband requirement? Yes.
Category: Message trom the President