Nine Years of Unlicensed Operations Generates $20,000 Forfeiture
In this case, Emigrant Storage LLC’s, Reno, Nevada (Emigrant) private land mobile communication system was once authorized under WPKM212. Unfortunately, this license expired on April 15, 2002. In 2011, the expired license was discovered when a properly licensed entity contacted Emigrant advising that unlicensed communications were being received. Despite securing Special Temporary Authority and a new license, the FCC issued a $20,000 forfeiture based on the extended, nine-year duration of the violation. Forfeiture Order
Category: Enforcement CornerSecond Refusal Earns $7,000 Forfeiture
In 2011, EWA had reported that (enforcement article) Ira Jones, the owner and operator of a Citizens Band (CB) radio station had been issued a Notice of Violation for causing interference to the radio operations of a nearby fire station in Merced, California; and for failing to allow authorized FCC personnel to inspect his radio equipment. Jones once again came under investigation for similar violations and again refused inspection of his equipment, asserting that the agents “must have a warrant”, and at one point denying that the house where the CB station was installed was his. As a result, Jones was issued a forfeiture amount of $7,000 for this violation. Forfeiture Order
Pursuant to FCC regulations 47 U.S.C. § 303(n) “The Commission shall have authority to inspect all radio installations with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1) of this title…..”
FirstGroup Granted Narrowband Extension
First Group, Inc. (FGA) was granted a one-year narrowbanding compliance waiver for their PLMR operations until January 1, 2014. FGA, with a fleet of approximately 50,000 school buses across 600 locations, determined that the mandate would require the replacement and reprogramming of a sizeable amount of radios and could possibly disrupt FGA’s communications which could put children’s safety at risk. Due to such considerations and the fact that FGA has “diligently prepared” for the narrowband transition, by starting the narrowbanding process and has committed the necessary funds to the implementation, the Commission granted the waiver. FCC Order
Category: In the newsGood News for Vehicular Repeater Use? Not Necessarily!
The FCC in a recent Order, approved a Wayne County, Indiana Sheriff Department’s waiver request that sought authority to use the Industrial/Business low power, telemetry frequency 173.210 MHz for vehicular repeater service (VRS) voice operations. While this news was initially viewed as a major step forward towards accommodating VRS spectrum needs, EWA has since advised several of its members that it would be best to pursue all other alternatives prior to attempting a similar waiver at the FCC. Upon closer inspection of the Order, one will discover that the waiver request was initially filed with the FCC on June 6, 2008! The Sheriff’s Department claimed economic hardship, which is not applicable in all cases, and the waiver was corrected by the FCC noting that in fact three rule waivers were required not one as originally requested. Further, the FCC granted the waiver on the condition that the system must operate on a secondary basis only. Given the extended period of time, EWA is not sure whether the Sheriff Department is willing to accept the waiver under the conditions required by the FCC.
Category: In the newsNPSTC Creates T-Band Working Group
The National Public Safety Telecommunications Council (NPSTC) recently created a T-Band working group to review matters associated with the Spectrum Reform Act, specifically the repurposing of the T-Band public safety spectrum. EWA was recently asked and agreed to join the Working Group’s proceedings.
Category: In the newsPCAST Spectrum Report Disappoints Many
The President’s Council of Advisors on Science and Technology’s (PCAST) report, “Realizing the Full Potential of Government-Held Spectrum to Spur Economic Growth” did not propose a path toward the timely reallocation of Federal government spectrum for wireless broadband use, contrary to the hopes of wireless carriers and others. Instead, citing the cost and time involved in clearing Federal spectrum, the Report concluded that “the best way to increase capacity is to leverage new technologies that enable larger blocks of spectrum to be shared.” Most commercial operators have expressed disappointment with this conclusion and questioned the feasibility of sharing and the limited impact it will have on easing capacity requirements.
Visit this link for more information about the report.
TETRA Decisions Pending
An Order went on circulation at the FCC on July 26 entitled “Amendment of Part 90 of the Commission’s Rules to Permit Terrestrial Trunked Radio (TETRA) Technology.” This presumably is part of a 2011 regulatory proceeding during which the Commission proposed to modify its rules to permit the certification and use of TETRA on Part 90 frequencies. Currently, TETRA equipment that does not meet FCC emission and bandwidth limits is allowed to be used pursuant to waiver on 450-470 MHz I/B channels and on ESMR spectrum. In light of the questions raised about the use of TETRA on 800 MHz NPSPAC channels that are assigned every 12.5 kHz, the FCC may seek further information on that band segment before authorizing TETRA on those channels or even may prohibit its use in that band.
Category: In the newsT-Band Concurrence is too Late
In another T-Band freeze related matter, and proof that real life is stranger than fiction, the FCC denied a waiver request filed back in 2007 (!) by Roselle Park, New Jersey seeking three T-Band channels at a site outside the authorized 50-mile radius that also would short-space both co-channel and adjacent channel TV stations. After repeated requests from the FCC to secure concurrences to support the waiver request, in March of 2011 the applicant did just that and submitted a concurrence letter that it had secured from the adjacent channel television station. The application was nevertheless dismissed last month by the FCC on the basis that the “application would, if granted, increase the degree to which the T-Band is currently licensed because the application is for a new license.” FCC Order
Category: In the newsFCC Seeks Comment on T-Band Channel Swap Waiver Request
On July 23, the FCC issued a Public Notice requesting comments on the Township of Woodbridge, New Jersey’s waiver request to exchange its existing T-Band channels, which apparently are subject to intermittent interference due to ducting, for alternative T-Band channels. In response to EWA’s clarification request, however, the FCC recently confirmed that the T-Band freeze includes channel swaps even when the total number of channels licensed would not change. Woodbridge argued that its proposed frequency swap would not enable it to gain any “leverage in a transition and relocation from the 470-512 MHz band,” the same point made by EWA in arguing that such exchanges should be permitted under the freeze. EWA will support the City’s request when Comments are due on August 7.
Category: In the newsSpectrum Freezes Have Shelf Lives Longer Than Twinkies
Proving that spectrum freezes can have shelf lives even longer than Twinkies, the FCC recently denied the State of Ohio’s request for waiver of the 1995 (!) freeze on 800 MHz inter-category sharing. However, so as not to destabilize the spectrum environment by lifting this nearly 20-year old freeze, the FCC avoided that dilemma by granting the State a waiver of the SMR eligibility rules instead, thereby enabling it to acquire a single 800 MHz SMR channel to add to one location in its statewide system. FCC Order
Category: In the newsA Few Waivers Issued for the State of Maine
Some spectrum relief was provided to the State of Maine towards the construction of its statewide, trunked VHF communications system as a result of the FCC issuing waivers that will permit the State to operate on certain Industrial/Business and Part 22 paging frequencies. While this is certainly helpful, the larger decision pending is to what extent the FCC will permit the State to incorporate within its system primary Railroad Radio Service frequencies that the railroad industry has opposed. FCC Order
Category: In the newsEWA Meets with Senate Commerce Committee Staff
EWA President Mark Crosby and Regulatory Counsel Liz Sachs recently met with Senate Commerce Committee staff to discuss the FCC’s recent decisions designed to “stabilize the T-Band spectral environment” until such time as the Commission determines how to implement critical provisions of the Spectrum Reform Act. The impact of the FCC’s recent activities on the operations of Industrial/Business/SMR T-Band licensees and the lack of any known comparable replacement spectrum were covered. The Senate Commerce Committee staff noted that the FCC had been advised that the legislation was not intended to include the repurposing of Industrial/Business/SMR T-Band spectrum. EWA will continue its advocacy efforts on behalf of its members who have been trapped within this unfortunate spectrum quid pro quo.
Category: EWA On Your Side