Deliberate Interference Leads to $24,000 Fine
In an example of what not to do to avoid an FCC fine, the Memorandum Opinion & Order (MO&O) involving Kevin Bondy, licensee of WQGX752, describes Bondy as deliberately interfering with a licensed user on a channel for which he had no license, of contacting that user to tell it to “get off the channel,” and of refusing to allow the FCC to inspect his equipment. The FCC was not sympathetic to his pleas for economic relief.
Category: Enforcement CornerWaiver Denied - Substantial Service Not Met
Telesaurus Holdings’ waiver request to accept as substantial service geographic coverage that represented less than the minimum required for a VHF public coast (VPC) station was denied by the FCC. The licensee’s decision not to provide more extensive coverage was found to be due primarily to economic decisions and not by circumstances beyond the licensee’s direct control. The license was terminated by the FCC as a result. FCC Notice of Construction
Category: In the newsFCC Narrowband Action Items Remain Pending
The LMCC is still waiting for a status update from the FCC’s Wireless Telecommunications and Public Safety & Homeland Security Bureaus on various narrowbanding licensing and compliance matters that the Land Mobile Communications Council (LMCC) raised recently with the Commission. Among others, these topics of interest included the receipt of a master call sign list of all systems that have been granted a narrowband extension; a further Public Notice regarding narrowbanding policies now that the deadline has passed; enforcement initiatives; and expedited license termination procedures.
Category: In the newsLMCC Best Practice Guidelines Close to Final
It is recognized that a growing number of Industrial/Business, Public Safety and Commercial licensees are transitioning their systems to digital technologies to achieve greater spectrum efficiency, coverage and access to new features that support system investments. Despite these system improvements, it is also recognized that there are compatibility issues associated among digital and analog systems in shared bands, particularly in the 150-470 MHz space where it is difficult to secure exclusive use channel designations. The LMCC is nearing completion of its recommended “Best Practices” document that will provide applicants and sales and service organizations, at the time of frequency coordination, critical information regarding system operational requirements, the applicability of FCC rules and other obligations that are necessary to support system compatibility in shared bands. The FCC, including the Enforcement Bureau, will be provided a copy of the Best Practices document for review and suggested improvements.
Category: In the newsT-Band Repurposing Commences with FCC Public Notice
The FCC’s has released a Public Notice in which it has posed over twenty-five questions for the purpose of gathering information “in order to inform the Bureaus in their recommendations to the Commission concerning when, how, and under what circumstances it is most appropriate to reallocate the T-Band and relocate T-Band users as required by Section 6103 of the Middle Class Tax Relief and Job Creation Act of 2012 ('Act')." Some of the questions are quite simple to answer, for example, the Commissions asked “How many licensees of all types use T-Band” (the answer resides within their own database) and whether it should consider modifying the suspension (of applications) to allow certain types of modifications”? While the FCC acknowledged that the Act does not address the status of “non-public safety licensees in the T-Band, nor does it require their relocation to other spectrum,” the FCC also asked a number of questions concerned with the future use of the 470-512 MHz band by Industrial/Business and private carrier incumbents. FCC questions that are particularly troublesome to EWA include “What alternative spectrum bands are potentially available for (the) relocation of T-Band non-public safety licensees operations … or could (non-public safety licensees) relocate their operations to commercial broadband spectrum by operating their own broadband networks or becoming customers on existing commercial broadband networks?” These types of questions are disconcerting as they evidence a lack of understanding about the use and benefits of “non-public safety” communications networks at T-Band specifically, and nationwide generally. EWA will be an active participant in this proceeding. Comments are due on May 13, 2013.
Category: In the newsA Learning Experience
At the FCC’s invitation, EWA recently spent some quality time with representatives from the Office of Managing Director (OMD). The invitation was extended as a result of EWA’s comments that it files nearly every year concerned with the Commission’s Regulatory Fee program. One of the benefits from these discussions was a greater understanding and appreciation on the part of the OMD attendees on Part 90 licensees, the benefits associated through the use of private internal communications systems, and the extent to which licenses are issued. The OMD attendees seemed somewhat suprised to learn that more than a few Part 90 licensees are obligated to hold hundreds of FCC authorizations for their employee safety, operational requirements and productivity objectives.
Category: EWA On Your SideEWA to Host T-Band Webinar
EWA will be hosting a webinar at 2:00 p.m. ET on March 7 to review the questions posed by the FCC at the outset of its efforts to repurpose the 470-512 MHz band (T-Band) necessary to implement portions of last year’s spectrum reform legislation (See “T-Band Repurposing Commences” article below). Information discussed and the opinions expressed by webinar participants will be used by EWA to assist it in the formulation of EWA’s comments in this matter. EWA President Mark Crosby and Liz Sachs, Regulatory Counsel, will lead the webinar discussions. Advance registration is required and all are welcome to participate.
Category: EWA On Your Side800 MHz Rebanding – The Beginning of the End
At the outset of the 800 MHz rebanding initiative, the FCC determined that Sprint would need to spend a minimum of nearly $2.8 billion in rebanding costs which represented the Commission’s economic evaluation of the spectrum benefit that would accrue to Sprint Nextel for relinquishing 800 MHz but gaining 1.9 GHz spectrum. If the costs were less, then Sprint would be obligated to pay the difference. In a recent filing seeking confirmation that it need not make an “anti-windfall” payment to the U.S. Treasury, Sprint Nextel stated that it has “spent or committed to spend more than $3.4 billion to date in support of 800 MHz reconfiguration and Broadcast Auxiliary Service Relocation.” In supportive comments, EWA noted that assuming Sprint Nextel’s total rebanding costs are accurate, which it does, “there is no reason to defer the true-up assessment until rebanding is completed nationwide”, and that “any steps that promise to bring this very length proceeding closer to completion should be implemented promptly.”
EWA also stated that it supports efforts to simplify the rebanding process, and that such benefits would accrue to not only public safety entities, but to Industrial/Business and commercial SMR licensees as well. However, while we encouraged modifications to the process, we would not unequivocally support changes until any process changes could be reviewed for their impact on incumbent rights and responsibilities. EWA Comments