Being Canadian is Not An Excuse
New Generation Hobbies (New Generation), a Canadian company marketing video transmitters primarily from their web site, was issued a Citation as the devices were designed to transmit on restricted U.S. frequencies in the 2.4GHz band. In an earlier response to the FCC, New Generation claimed that they did not export or market to the U.S. and that the devices in question were sold online to buyers who in turn imported them to the U.S. New Generation also stated that being a Canadian company with no U.S. affiliates, that they were “not required to be aware or follow United States and FCC regulations when listing” products on their site.” New Generation also claimed to have placed warnings next to item descriptions regarding the legality of their use and purchase in the U.S. “at the beginning of 2009.” The Commission, however, did not find any such warnings. New Generation was provided 30 days to respond to the Citation or potentially face forfeiture from $16,000 - $112,000.
Category: Enforcement CornerCollege Learns a Painful Liability Lesson
In a Forfeiture Order, Colby-Sawyer College (Colby), station WSCS (FM), was issued a $10,000 fine for failing to provide the documentation required in a timely manner for the station’s public inspection file per the Commission’s rules. In Colby’s response, they requested a reduction or cancellation of forfeiture, claiming that the station was an educational and community-based entity, that students operated the station and that they would take steps to prevent future violations. The Commission denied their request on the grounds that there is no forfeiture exemption for educational based institutions, that students running the station were no excuse for the violations and that taking corrective action is expected and thus did not mitigate or negate prior violations.
Category: Enforcement CornerLicense Narrowbanding Compliant, Equipment Was Not!
The Commission issued a Notice of Violation to Encore Car and Limo, Inc. (Encore) for operating transmitting equipment that was not type accepted for the 11K2F3E emission reported on Encore’s WPUB209 license. In addition to operating equipment in non-compliance with their license, Encore was cited for failing to identify the station call sign every 15 minutes as required by FCC Rule 90.425(a). Take note of this violation for while the license conformed with the FCC’s narrowbanding mandate, the equipment in use was not in compliance with the FCC’s requirement.
Category: Enforcement CornerRebanding Negotiations Extended
The 800 MHz Wave Four negotiation period for Wave 4 NPSPAC and Non-NPSPAC licensees in the U.S.-Mexico border region has been extended until October 3, 2011. This extension extends the filing freeze on new applications until November 16, 2011. The list of applicable NPSPAC regions is found in this Public Notice.
Category: In the newsAircraft and 700 MHz Public Safety Frequencies
The National Public Safety Telecommunications Council (NPSTC) requested a rule change to allow for public safety aircraft voice operations on 700 MHz narrowband frequencies designated for secondary trunked use. The FCC is seeking comments on whether to initiate a rulemaking procedure to consider the NSTC’s recommend rule changes. FCC Public Notice
Category: In the newsLightSquared Comments Due
The FCC released a Public Notice establishing comment deadlines on the LightSquared Technical Working Group Report, stating that “The technical working group effort identified significant technical issues related to potential LightSquared operations in the upper portion of the L-Band, which is most proximate to the band used by GPS. In response to the working groups recommendations, LightSquared indicates its willingness to: (1) operate at lower power than permitted by its existing FCC authorization; (2) agree to a “standstill” in the terrestrial use of its Upper 10 MHz frequencies immediately adjacent to the GPS band; and (3) commence terrestrial commercial operations only on the lower 10 MHz portion of its spectrum and to coordinate and share the cost of underwriting a workable solution for the small number of legacy precision measurement devices that may be at risk.” The PN states that, “We specifically invite comment on these recommendations, including any alternative proposals to enable these two important services – GPS devices and L-band mobile broadband – to co-exist. We also welcome comments on the technical working group report generally.”
Category: In the newsPublic Notice Seeks Comment on ESMR 800 MHz Wideband Technologies
A Public Notice inviting comment on a Sprint Nextel Petition for Declaratory Ruling on the issue of wideband operation in 800 MHz Enhanced Specialized Mobile Radio Service (ESMR) bands stated that the out-of-band emission requirement applies only to the “outer” channels of an EA license while Section 90.209 seemingly restricts 800 MHz channels to a maximum 25 kHz bandwidth, without differentiating site-based from multi-channel EA authorizations. The Petition explains that clarification is needed because Sprint Nextel intends to transition some 800 MHz iDEN operations into its existing 1.9 GHz 3G CDMA network, which occupies a 1.25 MHz bandwidth.
Category: In the newsD-Block Reallocation Bill Introduced in the House
Congressmen John Dingell and Gene Green, members of the House Energy and Commerce Committee, have introduced a companion bill to S. 911 that would reallocate the 700 MHz D-Block spectrum from commercial to public safety use to support a national, interoperable broadband public safety network. Entitled the Public Safety Spectrum and Wireless Innovation Act, H.R 2482, this proposed legislation differs from the Senate version in that it makes it clear the FCC may conduct only one voluntary incentive auctions of broadcast spectrum, highly coveted by the FCC for its potential to provide needed spectrum to support the National Broadband Plan, and that broadcasters must be assured that they will maintain the same capabilities and broadcasting footprint that they had prior to any incentive auction and spectrum repacking (relocation).
Category: In the newsFCC Releases Important Public Notice on Narrowbanding
On July 13, the Commission released another Public Notice reminding 150-512 MHz licensees of their forthcoming January 1, 2013, narrowbanding obligations. However, for the first time, the agency provided critical guidance on how and under what circumstances licensees may best file waivers to be granted an extension of this deadline. According to the Commission, the “guidance … is intended to expedite the preparation and submission of waiver requests by licensees, as well as the review of such requests by the Public Safety and Homeland Security Bureau and the Wireless telecommunications Bureau, consistent with the Commission’s overarching goal of ensuring a timely transition to narrowband operations.” Members are encouraged to contact EWA if they have any questions regarding the FCC’s recommendations.
Category: In the newsEWA Meeting with FCC
Mark Crosby and Liz Sachs recently met with representatives from the Wireless Telecommunications and Public Safety & Homeland Security Bureaus covering a number of outstanding regulatory matters. High on the “to do” wish list were EWA’s December 2008 Petition to permit business/industrial new system access to vacant 900 MHz channels where it has been proven that 900 MHz spectrum in not needed for 800 MHz rebanding purposes; and EWA’s May 2009 Petition that would permit the licensing of full power 12.5 kHz interstitial channels in certain non-commercial segments of the 800 MHz band. EWA noted that this later request had already received broad industry support as it would provide additional opportunities for the deployment of advanced digital systems. EWA Ex Parte Letter
LMCC Confronts FCC on Potential T-Band “Repurposing”
On July 6, the LMCC, of which EWA is an active member, forwarded a letter to FCC Chairman Genachowski in which it expressed great concern about the possibility that the FCC would attempt to “repurpose” for broadband operations the T-band spectrum used by public safety, business/industrial and commercial entities. The LMCC advised the Chairman that while its members supported the FCC’s national broadband initiative, those objectives could be accomplished “without disrupting or hampering the operations of incumbent public safety, business/industrial and commercial licensees that are providing economic and mission critical benefits to the communities they serve.” It stated that a plan to repurpose this spectrum “raises serious questions about the Commission’s priorities and its commitment to ensuring that public safety, critical infrastructure and business enterprise entities have adequate spectrum resources to conduct their operations, operations that are at least as essential to the public as is enhanced wireless broadband access.”
The LMCC thought it critical to respond to repeated Commission statements that warned waiver recipients that they have “begun examining ways to repurpose TV bands, such as the 470-512 MHz band for flexible use,” and that they did not want to “disrupt or hamper the ability to identify and maximize the use of available spectrum.”