Chanting and Heavy Breathing
Drew Buckley of Bay Shore, New York was fined $25,000 for unlicensed radio operations on 474.2875 MHz and for “intentionally and maliciously interfering with the Melville Fire District of New York”, during “fire emergencies” which evidenced a deliberate disregard for public safety. Melville Fire District reported that the unauthorized transmissions typically consisted of “chanting and heavy breathing.” This case was pursued by the Philadelphia FCC Enforcement Bureau office. In addition to his FCC issues, Mr. Buckley was arrested for Obstruction of Governmental Administration in the Second Degree, a Class A misdemeanor under the New York State Penal code. The case was assigned to the Suffolk County District Court where it is suspected chanting is strictly prohibited.
Category: Enforcement CornerBored … Extremely Bored
When Orloff Haines, Enid, Oklahoma was asked why he did it, his response was that he “continuously transmitted on Channel 19 to prevent other CB operators in the area from transmitting.” Mr. Haines did not dispute the charge but requested leniency due to his financial circumstances (he must have spent the majority of his day keying his CB mic) and was issued a reduced fine of $1,750 for causing deliberate interference.
Category: Enforcement CornerFCC Updates its Wireless Spectrum Screen
The rules for “secondary market” transactions in which commercial service providers seek to buy/sell FCC licenses and defining the amount of spectrum a carrier may acquire in the upcoming incentive auction have been updated. A number of bands were added to those the FCC considers in determining whether a proposed transaction might lead to excessive concentration of “suitable and available mobile telephony/mobile broadband service” spectrum in the hands of a single carrier. Conversely, the FCC reduced the 800 MHz SMR spectrum from the original 26.5 MHz to the 14 MHz in which Sprint is permitted to operate cellularized systems post-rebanding and dropped the 5 MHz of narrowband 900 MHz SMR spectrum from the screen. Report and Order
Category: In the newsI/B Channel Use by State of Florida Denied
The FCC has denied the State of Florida’s request to use two 800 MHz B/ILT channels in its statewide 800 MHz rebanding plan. In their denial, the FCC pointed out that there were Sprint-vacated channels and even other public safety frequencies available for the State’s use, and those were available before the State finalized their spectrum plan. The State claimed that they would be required to spend 1-2 years reprogramming 20,000 radios. The FCC stated that “when Florida created a frequency plan that required a waiver of the Commission’s rules, it assumed the risk that the waiver would be denied for failure to meet the Commission’s waiver criteria. That has come to pass.”
Mexican Border 800 MHz Freeze Waiver Denied
Third District Enterprises, LLC had sought a waiver of the rebanding freeze in the Mexican border region and attempted to relicense 800 MHz systems whose authorizations had been canceled by FedEx by duplicating the sites and other technical parameters. In denying the waiver, the FCC confirmed that the freeze was intended to preclude such applications and noted that “an erroneous grant of a license to a previous applicant is not grounds for granting pending…applications.”
Category: In the newsFCC Broadband America Report Indicates “Room for Improvement”
The FCC remains committed to ensure that all Americans have access to broadband, and broadband at appropriate speeds. In its efforts to “look under the hood” of broadband service claims, peering arrangements, and blockages, the FCC has issued a report concluding that while “most broadband providers continue to improve service performance by delivering actual speeds that meet or exceed advertised speeds during the past year … some providers showed significant room for improvement, particularly with respect to consistency of speeds.” FCC News
Category: In the newsFCC Seeks Comment on Extending Conditional Licensing
This past May, the Land Mobile Communications Council (LMCC) filed a petition with the FCC seeking expansion of conditional licensing to the 470-512 MHz, 806-824/851-866 MHz and 896-901/935/940 MHz bands. The FCC has released a Public Notice seeking industry comment on July 23 regarding the merits of this request. The FCC also took the opportunity to deny the LMCC’s request that a blanket waiver remain in force until the petition is finalized, and that waiver’s applicability to Public Safety Pool applicants. EWA would be surprised if there were any opposition to the idea of extending conditional licensing to the higher private land mobile bands.
Category: EWA On Your SideLMCC Defends Its 800 MHz EB/GB Access Proposal
In response to opposing comments from SNG and other organizations on the LMCC proposal to establish a 6-month period during which incumbents would be permitted to request 800 MHz EB/GB frequencies for system expansion, the LMCC commented that although the original LMCC Petition for Rulemaking would impose some restrictions on incumbent licensees to secure 800 MHz spectrum outside of the markets where they currently operate, the broader public interest would be served by allowing incumbent licensees to increase their spectrum efficiency by expanding their capacity before opening channels to new entrants. The LMCC believes this is valid whether those entities are operating private internal or commercial systems and irrespective of 800 MHz licenses they might hold in other markets.
Category: EWA On Your Side900 MHz SMR Waiver Remains Pending
The FCC has not yet placed Spectrum Network’s Group’s (SNG) request for a waiver to use unassigned 900 MHz B/ILT frequencies for what it describes as a commercial, nationwide, data system providing M2M capability for I/B eligibles on Public Notice as it indicated it would during the meeting attended by SNG, EWA and FCC staff. Since this meeting, given EWA’s opposition to these filings, SNG has submitted a further filing to “consolidate and augment the record surrounding its applications,” again noting that there is an “increasing need to find a spectrum efficient home for the Internet of Things.
Category: EWA On Your SideNational Frequency Coordination LLC Request Panned
In response to National Frequency Coordination LLC’s (NFC) request to become a certified frequency advisory committee for Part 90 PLMR Services, the Land Mobile Communications Council (LMCC) stated in Comments filed at the FCC that NFC’s request did not contain sufficient information to support approval and, in any event, raised novel issues that warrant careful FCC scrutiny. Based solely on the qualifications NFC claimed in their request, The LMCC stated that NFC cannot be certified as it does not even assert the required representational attribute. Further, LMCC pointed out that the FCC must address NFC’s inter-relationship with the Smartcomm-affiliated entities and the implications of allowing frequency coordinators to have an economic interest in the applications they process and certify.
APCO, FIT, AASHTO, IMSA/IAFC/FCCA, and MRA also challenged the request on the basis of NFC’s failure to meet the fundamental criteria for securing FAC certification, demonstrating that it represents PLMR applicants and has the ability to perform coordination satisfactorily. Reply Comments are due on June 30.
FCC Grants Guard Band Waivers
Supported by EWA, several Part 90 applicants seeking use of unassigned guard band spectrum between Part 90 and the adjacent Broadcast Auxiliary Services (BAS) allocation received waivers. The FCC agreed that 451/6.00625, 451/6.0125, and 451/6.009375 MHz could be assigned pursuant to waivers in spectrum-constrained markets without creating any interference potential to other licensees. The FCC denied the request to use 451/6.000 MHz on the basis that there was spectrum overlap. (DA 14-821)
Category: EWA On Your Side