Enterprise Wireless Insider® Volume 8, Issue 8

Pirate Radio Enforcement Still a Priority for the FCC

In recent correspondence to Congressman Peter T. King, the Commission thanked King for expressing concern over radio piracy in New York City and ensured him that the Commission has taken significant steps in the last few years to crack down radio piracy in New York City. The letter emphasized specific initiatives taken such as the pirate enforcement program in FY2013 which continues to yield dividends in shutting down numerous pirate radio operators in the New York City area.

Although great strides have been taken, the letter notes not all pirate operators comply with enforcement action and although seizure of equipment is also enforced in such cases, the Commission’s understands that such action will not solve the broader piracy problem and are seeking to use “complementary efforts, including outreach and education” along with encouraging other sources of legal information like internet radio.
 

No Kidding - A $294,400 Fine for Unlicensed Use of Private Land Mobile Channels

Pass this notice on to any of your customers who don’t pay heed to the obligation to renew licenses by perhaps proclaiming “what’s the big deal”? Is $294,400 a big enough deal? In this case, Constellium Rolled Products Ravenswood, LLC operated numerous wireless radio stations, several at 72 MHz for data telemetry purposes, and others for conventional 450 MHz systems on shared channels for periods ranging from ten months to more than two years after their licenses had expired. Compounding the infraction was the fact that Constellium also failed to obtain Commission consent prior to transferring ownership and control of its twelve authorizations.  Based perhaps on their ability to pay such a fine, the FCC issued its Notice of Apparent Liability and Forfeiture for operating private land mobile stations without authority and for the unauthorized transfer of control of 12 land mobile licenses.

Nasty Business - $3.9M Fine for “Slamming”

Central Telecom Long Distance, Inc. was fined $3,960,000 for “slamming” and violating truth-in-billing. Central used telemarketing to deceive consumers into believing they were providing authorization to switch their service plan (known as “slamming”).  Central also billed consumers for unauthorized charges and violated truth-in-billing rules by not clearly describing charges on customers’ telephone bills.

Railroad Police May Soon Access Public Safety Interoperability Channels

Well, maybe not soon, but NPSTC has suggested that Police organizations operated by the railroads that do not fall within the strict eligibility definition of public safety perhaps should be able to license and operate on public safety interoperability frequencies. Evidently, there are “bonafide Railroad Police” that have a need for effective and expeditious communications with members of local and state law enforcement, fire and emergency medical organizations who do meet the Commission’s eligibility requirements. Comments are due at the FCC on June 30.
 

Weld County Gets to Keep I/B 800 MHz Channels

We are still trying to figure out what part of this recent FCC decision was granted in favor of EWA. However, in response to EWA’s efforts for fair spectrum policy, the FCC stated that it “granted and denied in part” EWA’s request for reconsideration of an order granting Weld County’s waiver request to use two I/B 800 MHz channels notwithstanding the fact that it was discovered that Sprint-vacated 800 Mhz channels were also available for which public safety entities enjoyed exclusive access for three years. The Commission acknowledged that it had not encountered a situation in which Sprint-vacated spectrum became available between the time a licensee submitted a request for waiver of the intercategory sharing freeze and the FCC considered that request. The FCC wasn’t particularly pleased with APCO’s handling of the application noting that APCO “was in a position to check if its initial determination that no suitable public-safety channels were available was still valid,” but that “it did not do so.” The FCC emphasized that proponents of waivers of the intercategory sharing freeze must keep their waiver requests current.  At the end of the day, however, a few hands were slapped, Weld County is using I/B channels and there are two Sprint-vacated channels that I/B users are not permitted to access.

TV Spectrum Auction Rules Adopted

The FCC recently approved rules which enable the auction of low-band TV spectrum to wireless broadband providers, a move that may indeed change the competitive landscape of the wireless industry for the foreseeable future. Noting that spectrum access is essential to the mobile marketplace and that these measures “will promote more completion in more markets” while allowing smaller providers like Sprint and T-Mobile better opportunities in acquiring valuable spectrum, the FCC says that these new rules will benefit consumers by easing the congestion on wireless networks and provide more choices of wireless providers at lower prices while maintaining premium quality.  The revised rules will reserve 30 megahertz of spectrum for smaller competitive carriers to ensure that the largest providers do not buy the majority of the spectrum, and places a limit on the amount of spectrum larger carriers may acquire by reserving half of the available spectrum for competitors when bidding reaches a set price. Additional information may be found here.

Me Too - AAR Seeks 800/900 MHz Frequency Coordination Certification

Pretty much everyone in the land mobile industry knows that the American Association of Railroads (AAR) is incredibly rigorous in its interpretation of the rules governing its designation as the frequency advisory committee with responsibility for over 150 VHF channels that are allocated for use by the railroad industry on a primary basis, but not on an exclusive basis.  In 1988, under the management of AAR, the railroads were allocated six (6) 900 MHz channel pairs exclusively on a national basis for use within an Advanced Train Control System. Not much is known about that system or its development status, but more recently, AAR has devoted more attention in other bands for positive train control solutions.

In their pleading for certification, AAR stated that railroads have found it necessary to establish safety-related radio communications systems in the 800/900 MHz bands, and “with the increasing availability of 800/900 MHz band spectrum and pent up demand for this spectrum, AAR has concluded that it is important for AAR to be in a position to coordinate this band … not only for its members … but any eligible non-public safety entity in the B/ILT pool since doing so would increase economies of scale for AAR’s Radio Frequency Coordination Department …”

We are not quite sure what AAR is anticipating in the way of “pent up demand”, but we certainly appreciate their renewed interest in these bands – or what is left of these bands - if that interest is predicated on its members’ use for safety-related communications. But aren’t all railroad systems used for safety-related purposes? Does this mean that AAR will ease up on sharing the 160 MHz band?   Comments are due at the FCC on June 13.   (Public Notice DA 14-653)

Smartcomm Affiliate Seeks FCC Frequency Advisory Committee Certification

And now there are five. Smartcomm LLC was first, and after that it gets a bit fuzzy as to the sequence, but the founders of Smartcomm now have formed Spectrum Network Group LLC (SNG), M2M Spectrum Networks LLC (M2M), Spectrum Acquisition Group LLC (SAG) and now National Frequency Coordination LLC (NFC). Back in March, NFC filed its request to be certified as a frequency coordinator for Part 90 frequencies. Based out of Jacksonville, Florida, and sharing an address with True Net Communications, a national infrastructure engineering and specialty contractor, NFC stated that it was formed in 2013, has extensive experience in spectrum management and frequency coordination, and also has regionally based Frequency Coordinators to accommodate local requirements. NFC also noted that “Q-Comm is our internal software solution for Frequency Coordination which customized to frequency coordination policy and procedures, tracking and communication to the FCC as required … Q-Comm is enterprise and cloud based as the technology is mirror (sic) to that of the US Department of Defense and Department of Homeland Security.” NFC also stated that it would be “handling post-incising (sic) conflicts and interservice-sharing requests.” Comments are due at the FCC on June 13.  (DA 14-653)

Perhaps it is related, but the FCC recently returned thirteen Smartcomm License Service applications in the 800 MHz SMR pool because they had been certified by the American Automobile Association which is not FCC-certified to conduct frequency coordination in that space. These Smartcomm applications were eventually certified by MRFAC and granted by the FCC. Of note, both AAA’s and MRFAC’s frequency coordination work is performed by the same contractor.

LMCC Seeks Ruling on Extending Conditional Licensing Authority

The Land Mobile Communications Council (LMCC) seeks to extend conditional licensing authority to 470-512 MHz and 800/900 MHz applications. The Commission has identified an approach to consolidate this matter with others and may now align this LMCC request with agency policy initiatives. The Petition also noted that the current waiver for applications above 470 MHz expires on June 30, 2014, and urged the FCC to extend it until the Commission acts on the Petition.

New EWA Advisory Service Webinar Slated for June 5

EWA has launched an e-Advisory service for 150-512 MHz applicants offering guidelines and essential information to facilitate greater spectrum use results in shared channel environments. Due to the deployment of newer advanced digital technologies, there have been incidents of apparent system incompatibility with incumbent channel neighbors. The Advisory, which is triggered by the EWA certification process, will be sent providing relevant reminders of critical FCC rules and helpful information on the potential for channel access issues associated with analog and digital systems operating in shared bands.  Press Release

Join us for a webinar on June 5, 2014, that will provide details about this new service and how it may be best utilized to manage licensee spectrum expectations. Registration details will be presented in a separate bulletin or Register Today!