Enterprise Wireless Insider, Vol. 10, No. 10

Rigid Auction 87 Build-Out Requirements a Harbinger of Things to Come

Enterprise Wireless Alliance (EWA) has noted the very deliberate and, to some, the painstakingly slow progress the Federal Communications Commission (FCC) is taking during the review and acceptance process on build-out notifications for licenses granted through Auction 87. The number of accepted (granted) applications is now almost 675, and the ratio of pending to returned has improved significantly with the counts at 788 and 113 respectively. The FCC has granted build-out extensions until 2017 in some cases where there had been some construction, but not enough to meet the two-thirds requirement, including in Economic Areas with sites above Line A.

EWA has been monitoring this process and considers it an indicator of future reporting requirements, specifically the FCC’s more rigorous review of these construction notifications than they previously conducted. November will bring the first review of the build-out requirements for Auction 95 licenses, and EWA recommends that members begin preparing now to demonstrate to the FCC’s satisfaction that they have met the initial one-third build-out requirement. “I’m there” no longer meets the basic requirements necessary to retain the licenses. 

LMCC to Provide Recommendations on FCC’s ULS Modernization Plan

During a conference call between the Land Mobile Communications Council (LMCC) and the FCC, EWA volunteered to gather LMCC member recommendations to the FCC on how to enhance the capability of the Universal Licensing Service (ULS). The FCC has been soliciting suggestions for enhancements, especially from frequent users of ULS such as the LMCC membership. EWA members are encouraged to contact EWA with suggestions so they can be represented in the collective efforts of the LMCC proposal.

Continuing the Enforcement Bureau’s Top Ten List

This is the fourth installment of the Enforcement Bureau’s Investigations and Hearings Division “Top 10” issues that cause interference problems within the shared Part 90 bands.

#4    Failure to Provide Station Identification.... Nothing annoys the FCC’s Enforcement Bureau more during an interference investigation than encountering licenses that do not report their call signs. It makes it significantly more difficult to locate and track offending users. And it’s so easy to comply with this FCC rule requirement. Most digital systems can be programmed to automatically provide station identification. If an analog system is in use, train employees to get into the habit of providing the system’s call sign.  You will make spectrum friends.

#3    Artificial Spectrum Shortages – Spectrum Warehousing.... The days of attempting to reduce the risk of having new users sharing channels through the practice of licensing excessive power, more mobiles than will ever be realistically deployed and/or securing access to more channels than will ever be needed to satisfy operational system expectations, are over. It doesn’t particularly work as a spectrum screen, if it ever did, and with minimum spectrum availability, the FCC will not tolerate this practice of padding licenses.           

TA Certifies NPSPAC Regions 47 & 48

On June 30, 2016, the 800 MHz Transition Administrator filed with the FCC certification of completion of band reconfiguration in NPSPAC Regions 47 (Puerto Rico) and 48 (the U.S. Virgin Islands). Band reconfiguration is complete when all 800 MHz licensees in the NPSPAC region subject to reconfiguration have relocated to new frequencies and ceased operations on the old frequencies. 

At a later date to be announced, the FCC will issue a Public Notice to release the additional 800 MHz Sprint “vacated” spectrum in these regions for licensing exclusively to public safety entities for the first three years and to public safety and critical infrastructure industry (CII) entities for the following two-years.  After five years, any remaining Sprint “vacated” channels will revert to their original frequency allocations and be available to any eligible licensee.

EWA, PDV Visit with the FCC

It is now anticipated that the FCC will issue a Notice of Inquiry (NOI) in response to the EWA-Pacific DataVision (PDV) Petition for Rulemaking on the Realignment of 900 MHz Spectrum. To ensure that motivations, expectations and concerns are understood, EWA and PDV representatives have met with Jon Wilkins, Chief of the FCC Wireless Telecommunications Bureau, all FCC Commissioner offices and the Office of Engineering & Technology. The timing of further FCC action in response to the petition and the substance of the expected NOI are, of course, unknown.   

FCC Increases Application Fees

On July 27, the FCC published in the Federal Register an Order that amends the FCC’s Schedule of Application Fees. Specifically, for Part 90 Land Mobile applications, the Order increases FCC application filing fees by $5 (per application and/or call sign, depending on application type) and becomes effective on August 26.  This fee increase is applicable to FCC application filing fees only and does not include any changes to regulatory fees.  EWA will update its Schedule of Services posted on its website to reflect the increase when it becomes effective. 

FirstEnergy and Ohio’s MARCS Program to Share Spectrum

On August 4, 2016, the FCC granted in part a waiver request filed by the State of Ohio and FirstEnergy Corporation to permit FirstEnergy companies to operate on a non-profit, cost-shared basis on Public Safety frequencies licensed to Ohio’s Multi-Agency Radio Communications System (MARCS) Program in the 700 and 800 MHz bands. The waiver also requested that MARCS be permitted to operate on 800 MHz Business/Industrial/Land Transportation (B/ILT) spectrum licensed to FirstEnergy, also on a non-profit, cost-shared basis.

In general, the Commission praised the proposal for joint operations that will “enable FirstEnergy crews to communicate quickly with first responders during emergencies.”  The collaboration will both “promote the safe and efficient distribution of electric services” and allow MARCS to access FirstEnergy’s 800 MHz frequencies on an as needed basis. 

The FCC conditioned the grant by invoking the mandate of Section 337 of the Communications Act “that 700 MHz spectrum be used to provide ‘public safety services.’” At present, the FCC has pending a rulemaking addressing non-governmental use of 700 MHz public safety broadband spectrum, and cautioned that the granted waiver “does not prejudge the outcome of the pending rulemaking . . . or any other future action the Commission may take to define permissible non-governmental use of 700 MHz public safety spectrum under Section 337(f).”