Enterprise Wireless Insider® Volume 5, Issue 12

Motive Unknown

Kevin W. Bondy was issued a $24,000 fine for intentionally and repeatedly operating on an unlicensed frequency with the intent of purposely causing harmful interference to the operations of the Oaks Shopping Center (Oaks) in Thousand Oaks, California. In March 2009, Oak personnel reported that they were receiving intentional interference to their operations and that Bondy, during his transmissions with Oaks personnel, admitted that he was intentionally causing interference by jamming their frequencies by “pulsing” them to shut down their repeater.  Bondy informed Oaks personnel that they had “plenty of warning” and after effectively shutting down their operations, Bondy advised Oaks they had to apply for a new license. Citing willful intent and repeated violation, Bondy was issued a fine of $24,000 for operating on an unlicensed frequency.
FCC Forfeiture Order

I’ll Take the Shuttle

On June 10, the FCC issued a Forfeiture Order in which it assessed a $20,000 fine on American Taxi Shuttle and Limo, Inc. in Daytona Beach, FL for using a VHF frequency for which it was not licensed.  The cab company claimed that it had an oral agreement with a licensed, nearby hotel to use the frequency, but the hotel did not corroborate that claim.  The size of the fine may have been based on the fact that the cab company continued to operate on the frequency even after having been contacted by the FCC and by a seeming misrepresentation by the company about whether the warning had been delivered to the company’s owner. 

That’s a Big Fine, Good Buddy

Following three interference complaints and warnings issued by the Commission from 2007 to 2011, John Hays was issued a Notice of Apparent Liability and Forfeiture for operating a citizen’s band (CB) radio at power levels of 750 watts, far greater than the authorized limit of 4 watts. During an inspection of Mr. Hays’ equipment by the Commission on June 2, 2010, he willingly destroyed the linear amplifier which boosted the power, however during another inspection on February 10, 2011, he was again found with an amplifier attached to his equipment operating at 75 watts.  For his repeated and willful violation of the Commission’s rules, Mr. Hays was fined $15,000.

But He Looked Like a Customer!

Spark Gap CB Shop of Lincoln, Illinois was issued a Citation by the Commission for marketing (attempting to sell to an undercover Enforcement Bureau Agent) an external radio frequency power amplifier and amateur radio devices that operated in the Citizen’s Band (CB) spectrum, all products that are not eligible for certification under the Commission’s rules. The Commission’s rules note that certain radio frequency devices that cannot be legally authorized, cannot be “operated, advertised, displayed, offered for sales or lease, sold or leased, or otherwise marketed.” Spark Gap was given 30 days to respond to the Citation and to indicate what measures they have taken to avoid a recurrence of this violation. Spark Gap was advised that they may be held liable or a forfeiture between $16,000 and $125,000 if they continue to engage in the cited violations.

LightSquared Receives Support From Genachowski

On May 31, Chairman Genachowski responded to a letter from Senator Chuck Grassley reaffirming that LightSquared would not be permitted to initiate commercial broadband service until its GPS interference issue is resolved. However, the Chairman also took the opportunity to “set the record straight” about the process the FCC had followed in issuing the January 2011 Waiver Order, noting that there should not have been any surprise about LightSquared’s intention to provide terrestrial service on this spectrum, an intention that the company’s predecessors had made clear since 2004 when they were given terrestrial service rights. He described the GPS Industry Council’s participation in this proceeding in 2009 in which the Council advised the FCC that the GPS interference issues had been resolved. While confirming that the FCC would take no action that would “put at risk our nation’s national defense or public safety,” he also emphasized that the FCC intended to take “full advantage of the incredible economic opportunities that underutilized spectrum presents.” 

NTIA Commends FCC on Public Safety Broadband Network Efforts

The National Telecommunications and Information Administration (NTIA) lauded the FCC for “conscientiously addressing our first responders‟ communications needs, and continuing to make these needs a priority” in comments filed June 10 from Larry Strickling, NTIA Assistant Secretary for Communications and Information. NTIA supports legislation to create a non-profit Public Safety Broadband Corporation to oversee nationwide operations of local, State, Tribal, and Federal public safety networks operating in the 700MHz band, pursuant to FCC Docket PS 06-229.  NTIA Comments   FCC Rulemaking Proceedings

TETRA Waiver Request

PowerTrunk™, a manufacturer of TETRA equipment and a proponent of a rules waiver request on interference protection, asked the FCC to confirm in its action on the pending Petitions for Clarification and/or Reconsideration that the waiver limitations apply only to full power TETRA equipment and not to reduced power equipment that has been certified by the FCC. PowerTrunk did not address EWA’s filed issue of whether the technology required exclusive use channel assignments so as not to interfere with co-channel and adjacent channel incumbent systems. EWA filed a Request for Clarification or Reconsideration of the Waiver asking the FCC to clarify under what circumstances TETRA could be deployed without requiring coordination for the emission change.  EWA reminded the FCC that emission changes on shared PLMR channels can impact co-channel and adjacent channel licensees.

FCC Notice of Proposed Rule Making and Order

D Block Bill Moves to House after Senate Approval

The Senate Commerce Committee has approved S. 911, the Rockefeller-Hutchison legislation that would reallocate the 700 MHz D Block from commercial to public safety use, with a 21-4 vote. A number of amendments were attached to the legislation and its fate with the full Senate cannot be certain, but sufficient bi-partisan support appears to be available to promise passage. How the legislation will fare in the House is less clear. This spectrum would be combined with the existing 10 MHz public safety 700 MHz broadband allocation and would be licensed to and operated by a public safety corporation governed by a board of federal (although not FCC) and state officials, as well as individuals with wireless business expertise.  Senate Commerce Committee Press Release

Leadership Changes at the FCC

FCC Chairman Julius Genachowski announced that effective June 20, Ruth Milkman would be stepping down as WTB Chief and moving to Special Counsel to the Chairman for Innovation in Government, a job, if not a title, previously held by Mark Beth Richards who recently left the FCC to return to the FTC.  Milkman will be replaced by Rick Kaplan, who most recently has been Chief Counsel and Senior Legal Advisor to the FCC Chairman.  FCC News 

FCC Seeks to Terminate Dormant Proceedings

Dormant dockets would be targeted for termination where no further action is required or contemplated, or where no filings have been made for several years according to an FCC Public Notice from the Consumer and Governmental Affairs Bureau. The Commission noted that such actions would be consistent with its February 4, 2011, Report and Order, whereby the Commission conveyed its plans to make more efficient the decision-making process and improve transparency of Commission proceedings. This Public Notice identifies one, somewhat subjective, criteria for termination: any proceeding that is “procedural in nature or otherwise does not address the merits of the proceeding.” Aggrieved parties, the Commission notes “may file a petition for reconsideration” with the FCC.

Crosby Reappointed to CSMAC

EWA President Mark Crosby has been appointed to a second term on the Commerce Spectrum Management Advisory Committee (CSMAC) under the Department of Commerce. The committee of twenty-eight members recommends strategies to ensure the U.S. remains a leader in the expansion and introduction of wireless technologies to promote commerce and provide homeland security, national defense, and other critical government needs.

New FCC Remittance Process Starts June 20

Beginning June 20, 2011, if an applicant files a Fee Remittance Advice Form 159 through the FCC Universal Licensing System (ULS), they must now enter new information on fee type codes, namely the application and the regulatory fee codes.  A single form of payment is required for each application no matter how many payment type codes there are for the application.  Click here for a quick reference list with the payment codes for Part 90, Land Mobile Radio Service, Part 101, Private Point-to-Point Microwave Service and other radio services.   This change will not affect your fee payment when submitting through EWA for coordination and licensing. Contact EWA at 1-800-482-8282 or Customer.Service@EnterpriseWireless.org for any questions about licensing fees and rules.