Programming Unlicensed Radio Equipment Always a No Go
A Notice of Violation was issued to T&K Communications, Inc. for programming radio transmitting equipment at the Chemung Volunteer Fire Company, Chemung, NY, for which the licensee was not authorized. T&K Communications has twenty days to submit a written statement to the Commission on any corrective action concerning the violation.
Category: Enforcement CornerGMRS Use Not For Commercial Entities
Remel, Inc., and its parent company Thermo Fisher, a global supplier of products and services for the health care, environmental, and process control industries was fined $30,000 for operating a radio frequency device for over nine years on a General Mobile Radio Service (GMRS) frequency. GMRS spectrum is authorized only for individual use and not eligible to entities primarily engaged in communications for commercial activity. In determining the fine, the Commission took into account the duration of the unauthorized operation and the fact that parent company Thermo Fisher is a multi-billion dollar global company.
Category: Enforcement CornerPermanently Discontinued Operations
A Memorandum Opinion and Order was recently issued by the FCC denying Maritime Communications/Land Mobile’s (MCLM’s) request for declaratory ruling with regard to its Automated Maritime Telecommunications System (AMTS) licenses that are no longer operational. MCLM argued that the FCC could not conclude that service had been permanently discontinued because the AMTS rules do not include a specific definition of what constitutes permanent discontinuance such as the one-year rule in Part 90. The Administrative Law Judge determined that ambiguity in the FCC rules do not absolve licensees of an obligation to attempt to adhere to a regulation. The judge concluded that the hearing should continue on the question of whether MCLM attempted to comply with a reasonable interpretation of the general FCC rule that licenses cancel if service is permanently discontinued.
Category: In the newsNew Spectrum Uses
The FCC is seeking comments on a waiver request from Itron to allow the use of Part 22 931 MHz frequencies for non-paging operations. In particular, the company wishes to allow the 931 MHz channels it purchased at auction to be used to support its automatic meter reading (AMR) and other advanced metering infrastructure (AMI) used by utilities. Comments are due on September 9 and Reply Comments on September 24.
Category: In the news3000 Licenses Acquired in Part 22 Auction
The FCC announced the close of Auction 95 in which over 3000 licenses for Part 22 VHF, UHF, and 931 MHz one-way and two-way paging frequencies were acquired. Winning bidders must submit funds covering their down payments by August 23 with full, final payments due on September 9. Public Notice
Category: In the newsRebanding Period for Mexican Border Region Established
The FCC issued a Public Notice announcing that the 30-month rebanding period in the Mexican Border Region will begin on August 23, 2013. The Public Notice includes a reconfiguration timetable of key dates in this process.
Category: In the newsNot Interconnected? Then Not a Telecommunications Carrier!
EWA and the USMSS jointly filed a “Supplement” to their original Petition for Partial Reconsideration (submitted six-years ago) that seeks to exempt non-interconnected private carriers from being recognized by the FCC as full blown telecommunication carriers replete with all of the necessary filings that do not make any policy sense and for many of EWA’s members. In this latest quest for sanity, EWA and the USMSS again seek to have the FCC issue a ruling confirming that Section 337 of the Communications Act precludes non-interconnected commercial PMRS licensees from being classified as telecommunications service providers/carriers and, thus, not obligated to comply with CPNI requirements or other statutory or regulatory obligations imposed on such entities.
Category: EWA On Your SideMine! Mine! Mine!
Not unexpectedly, the Public Safety Communications Council (PSCC) responded to EWA’s ongoing effort to seek a reasonable solution to the untenable belief held by some within the public safety industry that Industrial/Business (I/B) 150-470 MHz spectrum is fertile ground to be harvested at any time by public safety applicants when it is purported that public safety allocations do not provide harmful interference of free channel availability. In evident shock to EWA’s request for guidance (see EWA’s July 26 letter) the PSCC stated that waivers to access I/B spectrum should be permissible for both conventional and trunked public safety applications since the best available public safety frequency is not necessarily appropriate for “critical emergency communications” and could result in a “substantial potential for harmful interference.” PSCC adds that this is the exact situation that should be open to a rule waiver with appropriate supporting documentation. EWA will respond.
Category: EWA On Your Side