Enterprise Wireless Insider® Volume 8, Issue 5

It seemed like just yesterday!

Emigrant Storage LLC was issued a fine of $20,000 for multiple violations including operating a Private Land Mobile Radio Service (PLMRS) radio station for over nine years without the proper licensing authority, and failing to apply for a renewal license in a timely manner. Emigrant did not dispute those charges or that it caused interference to authorized spectrum users, but requested a reduction or cancellation of the forfeiture, arguing that the violations were minor in terms of the size of its operations and that they took prompt action to resolve the violations once notified. The Commission declined Emigrant’s request, noting the duration of the unlicensed operation and the fact that it had caused interference to another licensed operation. The FCC contends that those are not “minor” violations.

Narrowband? What’s That?

Beaumont Independent School District, Beaumont, Texas was issued a Notice of Violation for operating transmitters not in compliance with the FCC’s January 1, 2013 narrowbanding mandate. Beaumont must provide a written response to the Commission within twenty days of the notice explaining the reasons for the violation and providing information on specific corrective actions to prevent recurrence.

GAO Issues Report on Effectiveness of Buildout Requirements

Recently,the United States Government Accountability Office (GAO) conducted a study of the buildout requirements and the efficient use of spectrum for five selected wireless services.  In the process, they interviewed FCC officials,industry association executives, commercial licensees and spectrum policy experts. Their report (1) described the buildout requirements; (2) verified the extent to which the Commission adheres to the buildout requirements; and (3)assessed the opinion of various stakeholders on whether the build out requirements met cited goals.

The GAO learned that the buildout requirement was met for 75 percent of the licensees they reviewed and that the Commission usually terminated the ones that were not in compliance. Although the Commission seeks to be aggressive in enforcing these requirements, in some cases they may grant an extension to the deadline if reasons are proved to be beyond the control of the licensee. Some stakeholders appreciated that such extensions provided some breathing room in case of extenuating circumstances, while others were concerned that such actions could undermine the build out requirements.

The GAO concluded that the build out requirement did allow licensees to provide timely service and prevented the hoarding of spectrum, and that the practices used were supported by the majority of licensees and industry associations interviewed.  Some policy experts that were interviewed were a bit more cautious and noted that the requirements were too weak or that other methods could be used to achieve the Commission’s goals. The GAO made no recommendations in the report.  GAO Report

Conditional Licensing Above 470 MHz

During the April 9th Annual LMCC Membership Meeting, it is anticipated that the LMCC membership will grant final approval to submit a Petition for Rule Making at the FCC that would extend conditional licensing to the Industrial/Business and Public Safety 470-512 MHz, 800 MHz and 900 MHz bands.

LMCC Seeks Ruling for 800 MHz Expansion/Guard Band Spectrum Access

The Land Mobile Communications Council (LMCC) has requested that the Commission initiate a rulemaking proceeding governing eligibility for frequencies in the 800 MHz Expansion Band and Guard Band, so that 800 MHz incumbent licensees be allowed a six-month period in which to apply for available EB/GB frequencies before making them available for new 800 MHz systems. In their Petition for Rulemaking submitted March 27, the LMCC explained that “Providing a time-limited opportunity for 800 MHz incumbents to expand the capabilities of existing systems by adding frequencies and/or sites will maximize the efficient use of this spectrum to meet public safety, critical infrastructure, business enterprise, and commercial service needs, without foreclosing opportunities for new entrants”. 

EWA Supports Use of 450 MHz Band Edge Spectrum

In response to an FCC Public Notice seeking comment on Waiver Requests from Mobile Relay Associates (MRA) to permit Part 90 use of channels between Part 90 and Part 74 (Broadcast Auxiliary Services), EWA stated that they “support all efforts to derive more intensive use from the nation’s finite spectrum resource”.  EWA supported a similar waiver request submitted earlier from MRA, which the FCC has granted, to make use of spectrum between Part 90 and Part 95 General Mobile Radio Service channels to the extent that the Commission’s Part 90 narrowbanding initiative has fostered product development to use that spectrum without impacting current or future adjacent channel licensees. Further, EWA agreed with MRA that Part 90 licensees face increasing congestion and a lack of useful UHF frequencies in all major metropolitan areas. As the demand for PLMR systems continues to grow, EWA “supports all efforts, including the instant Waiver Requests, that promise to provide even limited additional capacity to meet these needs, contingent, of course, on a showing on non-interference to already authorized licensees”.  EWA Comments