Enterprise Wireless Insider, Vol. 10, No. 11

FCC Releases Critical Rulemaking Proceeding

On August 18, 2016, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) that supports a number of productive spectrum and regulatory policies pursued by EWA. Either through the Land Mobile Communications Council (LMCC) or directly, EWA will be an active participant in this proceeding. Comments will be due 60 days after publication in the Federal Register and Reply Comments 30 days later.  Specific proposals contained within the NPRM include the following matters.

Who will have immediate access to 800 MHz Expansion and Guard Band Channels — Among the items addressed in the NPRM is the LMCC’s proposal to allow 800 MHz incumbents time-limited priority access to 800 MHz Expansion Band (EB) and Guard Band (GB) spectrum before making it available to new entrants. While the NPRM tentatively agrees that this opportunity is justified, it proposes to limit priority access to Business/Industrial Land Transportation (B/ILT) incumbents seeking B/ILT spectrum in the EB. Its reasoning is that incumbent and new-entrant Specialized Mobile Radio (SMR) systems compete for customers and “have similar economic motives to utilize the spectrum in a timely manner, and new entrants may have an even greater interest in deploying new or innovative services.” Since the EB spectrum is designated primarily for SMR use, and the entire GB is General Category which includes availability to SMR applicants, it is not clear how much, if any relief this approach might provide incumbent B/ILT licensees. 

EWA will also note in its comments that without an effective construction verification process, it is difficult to distinguish between parties with the intention and ability to provide service from those simply hoping to flip the spectrum for monetary gain. The private land mobile radio (PLMR) community has precious few spectrum resources.  It is imperative that the rules promote its intensive use of this spectrum and deter speculation.

Extending Conditional Licensing to 800/900 MHz — In response to an LMCC request, the FCC is proposing to extend conditional licensing authority to 800/900 MHz spectrum, but declined to include T-Band spectrum in its proposal because of the band’s pending reallocation.  We don’t quite understand this logic, and will suggest that 470-512 MHz incumbents would potentially benefit from conditional licensing as well despite the potential reallocation of this spectrum in 2021. Everyone knows that conditional licensing would not affect the congressionally-mandated reallocation of the 470-512 MHz band. 

The Commission has also asked whether conditions should be placed on conditional authorizations. EWA will suggest that there should be a time limit on conditional licenses. If a permanent license has not been issued for whatever reason after ninety (90) days or so, then more than likely there are issues associated with the original application and the conditional license should terminate.  

UHF Interstitial Channels — On its own motion, the FCC has proposed to add certain UHF channels that exist between PLMR and Broadcast Auxiliary Service (BAS) and General Mobile Radio Service (GMRS) spectrum to the Part 90 Industrial/Business (I/B) frequency table. The FCC has already granted a number of waivers authorizing the use of these channels for narrowband operations that do not exceed 4 or 7 kHz emission designations.  

UHF Central Station Channels — Also on its own motion, the FCC has proposed to make certain UHF channels currently reserved for central station operations available for all B/ILT entities. 

CMRS or PMRS — Consistency Please

On July 28, the FCC released a Notice of Proposed Rulemaking in which it proposes to end the presumption that all applicants and licensees in the services identified within FCC Rule Section 20.9 intend to operate common carrier/commercial mobile radio service (CMRS) systems. While the NPRM addresses only Part 20 spectrum, EWA intends to ask the FCC to issue a Further Notice to resolve an inconsistency between the Act, which says only interconnected SMRs are common carrier/CMRS, and the Wireless Telecommunications Bureau (WTB)/Universal Licensing Service (ULS) classification that labels all SMRs as such even if they are not interconnected. EWA has, unfortunately unsuccessfully, attempted to modify the WTB position for over three years. Comments are due on October 17 and Reply Comments on November 16.  

Spectrum Management Inquiry

In a letter filed September 6, 2016, with the FCC, EWA has asked for clarification on how many channels a 900 MHz B/ILT applicant could normally expect to receive during the frequency advisory committee certification process if it were planning to operate a not-for-profit SMR system or a radio rental business. Since these types of applications create the potential for spectrum warehousing, we thought it was time to ask. Even if it is not charged with verifying the accuracy of an applicant’s mobile count, EWA’s advice as to FCC requirements is sought frequently. What is the correct answer should an applicant ask EWA how many 800/900 MHz channels it is eligible for as a not-for-profit service to an as yet unknown number of entities? Similarly, is an applicant that rents its radios entitled to base its channel request on the number of radios it keeps in inventory even if its experience is that only some percentage of those radios are rented and actually in use at any time? FCC guidance on these points will be extremely helpful to EWA as it processes such request for frequency coordination. Hopefully the answer will not be “whatever the applicant seeks.” 

Protecting 3.5 GHz Incumbents

On August 19, the WTB and Office of Engineering & Technology (OET) announced the methodology for determining the protected contours for grandfathered 3650-3700 MHz band licensees. This is part of the FCC effort to protect existing licensees’ registered base stations from harmful interference caused by users of the newly established Citizens Broadband Radio Service during a fixed transition period.  

Mexican Border — Frozen Again

In a Public Notice released August 26, the Public Safety and Homeland Security Bureau announced the extension of the freeze on the acceptance of new 800 MHz applications along the U.S.-Mexico border until February 1, 2017. Many border region licensees have yet to complete their system re-tunes, and this action intends to preserve access to vacant channels for this retuning.

All in Blue

On August 23, the FCC released a Report and Order amending its rules to permit railroad police officers to use public safety interoperability channels to communicate with public safety entities already authorized to use those channels. In its decision, the FCC noted that allowing railroad police officers to use the channels will promote interoperability, improve emergency response and streamline access to these channels for emergency public safety communications. The public safety interoperability channels are in the VHF (150-174 MHz and 220-222 MHz), UHF (450-470 MHz), 700 MHz narrowband (769-775/799-805 MHz) and 800 MHz National Public Safety Planning Advisory Committee bands (806-809/851-854 MHz).

Canadian Pacific to Pay $1.21M Fine Eh?

On August 15, the FCC’s Enforcement Bureau announced that Canadian Pacific Railway Company will pay $1,210,000 to resolve an investigation of the railroad company’s operation of more than a hundred wireless radio facilities in the U.S. without prior FCC approval, and for failing to obtain FCC authorization for the transfer of control of thirty wireless radio licenses. In 2015, Canadian Pacific, formally called Soo Line Corporation, conducted an internal audit that revealed extensive non-compliance with FCC licensing regulations, and the company subsequently disclosed its violations to the Commission. In addition to paying a monetary civil penalty, the company will implement a three-year plan to ensure compliance with FCC requirements, and it will continue to maintain an internal compliance plan that the company implemented prior to its discovery of the violations.