Antenna Structure Violation Costs $13,000
Readers of EWA’s Insider know from our “Enforcement Corner” that the FCC is vigilant about licensees having the proper antenna structure registration (ASR). The requirement stipulates that an antenna structure must be painted with aviation orange and white paint and have red obstruction lighting consisting of at least one flashing red beacon on top and steady-burning sidelights at the approximate midpoint of the tower.
In December 2010, the FCC observed that Cawelo, California antenna owner Timothy Mullen “willfully and repeatedly violated section 303(q)” of the Communications Act for failing in October, November, and December 2010 to have the proper lighting. Quoting chapter and verse to Mr. Mullen, the FCC left no room for interpretation of the lighting requirement by further specifying their requirements: “[r]ed obstruction lights should be operated by a satisfactory control device (e.g. photo cell, timer, etc.) adjusted so the lights will be turned on when the northern sky illuminance reaching a vertical surface falls below a level of approximately 35 footcandles (376.7 lux). They should also be tuned on when flight visibility is restricted during daylight hours when less than 35 footcandles of illuminance can be maintained.” The fine was $13,000, the English lesson was free. Notice of Apparent Liability For Forfeiture
Category: Enforcement CornerH.R. 3430 – Not Necessary
On November 15, Congressman Rothman of New Jersey introduced H.R. 3430, legislation to “extend the final deadline for private land mobile radio licensees to migrate to narrowband technology by 2 years,” until January 1, 2015. The bill was introduced without cosponsors, and was referred to the House Commerce Committee where EWA believes it will remain. If licensees need more time to narrowband, the FCC will consider waivers of the January 1, 2013, deadline on a case-by-case basis. This Commission policy was adopted to provide a much needed pressure value for certain public safety entities.
Category: In the newsThickening of Connect America Proceeding
On November 18, the FCC released its long-awaited, 759 page (1,500 paragraph) Order in its “Connect America Fund” proceeding. The FCC described its action as a comprehensive reform to expand access to high-speed Internet and voice services nationwide by overhauling the outdated universal service and intercarrier compensation systems to shift monies into broadband deployment, including mobile broadband. These rules will take effect by January 1, 2012. The LMCC intends to comment on the testing of the initial TV White Space database provided by Spectrum Bridge. Its focus will be on ensuring that land mobile facilities in the 470-512 MHz band, including those authorized pursuant to waivers, receive adequate protection from interference from unlicensed TVWS devices.
Category: In the newsTrue Up Postponed to June
On November 15, the Transition Administrator (TA) recommended that the 800 MHz rebanding financial “true up” again be postponed, this time from December 31, 2011, to June 30, 2012. The TA noted that “a substantial number of licensees…have yet to complete rebanding” so that a true-up would be incomplete and would not include a “significant amount of Sprint Nextel’s reconfiguration expenditures.” The letter states that Sprint Nextel has reported incurring approximately $1,480.5 million in total incumbent licensee reconfiguration costs, including replacement equipment, plus approximately $316.1 million for its own internal costs. As of its quarterly report filed in September 2011, the TA noted that Sprint had not yet drawn on its letters of credit to fund any rebanding costs and had been authorized to July 2011 to reduce the amount to $1,061 billion.
Category: In the newsFCC Champions Advanced Medical Technologies
Moving its mobile broadband agenda a little further down the road, the FCC on November 30 announced it was adopting rules in ET Docket No. 09-36 enabling “a new generation of wireless medical devices” that could restore functions to paralyzed limbs via ultra-low power wideband Medical Micropower Networks. Such networks could function via the use of spectrum-agile radios and other technologies.
Category: In the newsTrunked System Data Bursts – Harmful?
In October, the FCC issued a Public Notice requesting comment on an Icom America, Inc. Request for Clarification that asked the FCC to confirm that data bursts of 250 milliseconds from a control channel do not constitute harmful interference. Since the rules require prior monitoring on shared channels to “avoid causing harmful interference to other systems,” an FCC determination that such data bursts do not constitute harmful interference, by definition, would eliminate the need for prior monitoring before such transmission.
In its comments in response to this request for clarification, Motorola referred to an EWA “Best Practices” release on trunked system monitoring requirements, noting that EWA’s document provides “an excellent guide for all manufacturers and licensees regarding the implementation of new technologies in the bands below 512 MHz.”
Surprisingly, the Telecommunications Industry Association (TIA) supported ICOM’s request that a 250 millisecond data burst does not constitute “harmful interference”, but requested that the FCC withhold making such a determination for the whole of the public safety pool frequencies without further study. So data bursts are never harmful to business/industrial systems? Wouldn’t testing be appropriate in that pool of frequencies as well?
TV White Space Test “Worked” – Maybe
Last month, we reported that the FCC had stated the testing demonstrated that the database “worked,” presumably meaning that the database accurately captured all protected facilities and not necessarily that any unlicensed white space devices had proven capable of using the database to avoid interference to incumbent, licensed operations. That agency assessment may have been a bit premature given comments filed by others including those by the National Association of Broadcasters who stated that an additional testing period is necessary to correct issues associated with database functionality and ease of registering protected incumbent operations. Key Bridge Global LLC, for the record a competing database provider, stated that some clarity should be provided as to exactly what functionality was demonstrated and independently validated.
This is going to get interesting as the FCC just announced its second “Public Testing of the TV Band Database System, this time to be demonstrated by Telcordia Technologies. They too were given a 45-day public trial that will commence on December 7, 2011, and there may be eight more public tests forthcoming. FCC Public Notice
The Real TV White Space Test Lies Ahead
The Land Mobile Communications Council (LMCC) weighed in on the FCC’s request for input on the “Public Testing of Spectrum Bridge Inc.’s TV Bands Database System.” In its remarks, the LMCC noted that while the database appears to adequately identify incumbent operations on channels originally allocated for use within the eleven original markets, as well as extended T-Band use granted through waivers outside the original 80 kilometer radius, “clarification may be needed to ensure that the database has taken into account the additional T-Band allocations that have been authorized by waiver for public safety licensees to accommodate mission critical communication requirements.” The LMCC added that while developing a T-Band database should not be overly challenging, it will be “more critical to conduct TV White Space product testing to confirm that unlicensed devices are capable of utilizing the data” in order to protect those systems that are entitled to protection from interference.
Category: EWA On Your SideAssistance for Vehicular Repeaters
EWA has filed Reply Comments in response to the FCC Public Notice regarding a Petition for Rulemaking filed by Pyramid Communications to “facilitate the use of vehicular repeater” systems (VRS) by public safety licensees in the VHF band. The Petition requested that the FCC authorize public safety VRS operations on certain 170, 171, and 172 MHz frequencies allocated for Forest Firefighting and Conservation use, and also on six 173 MHz frequencies that are shared by PS and I/B Pool licensees and used for fixed non-voice operations. EWA took no position on the proposed use of the firefighting frequencies for VRS purposes, noting that this use was opposed by FCCA. However, while recognizing that UTC opposed the use of the recommended non-voice I/B pool frequencies for this purpose, EWA suggested that low-power VRS voice operations might be able to be accommodated on certain channels, subject to appropriate frequency coordination requirements.
Category: EWA On Your SideFor the Third Time!
In early November, the TETRA Association submitted a response to EWA’s second filing in the “how to best license TETRA” saga arguing that the Commission has already addressed all of the issues EWA keeps raising, and that EWA’s further request for clarification “does not warrant reconsideration.” Unfortunately, and despite the TETRA Association’s desire for EWA to cease commenting in this proceeding, each FCC effort to date intended to address how and under what circumstances a licensee may migrate current system technology to TETRA has created further ambiguity, not clarity. With that in mind, EWA restated in a third filing with the FCC that the agency needs to affirm that applications involving TETRA technology are subject to all applicable Part 90 frequency coordination requirements, including the narrowbanding exemption; and, that TETRA must use 25 kHz bandwidth channels that are classified as “exclusive” thus exempt from monitoring requirements.
Later in the month, Harris Corporation filed comments in support of EWA’s efforts urging the FCC to clarify the coordination requirements for TETRA, and also requested the FCC to affirm that TETRA cannot be deployed except on channels that are exempt from Part 90 monitoring requirements.
Mission Critical magazine featured an article about EWA’s position, in which EWA’s Mark Crosby was quoted as saying “…we’re trying to clear this issue up so TETRA customers won’t be in a world of hurt … attempting to operate TETRA systems in a shared spectrum environment.”