Enterprise Wireless Insider, Vol. 10, No. 4

FCC Forfeitures – Balance Sheets Establish the Baseline

Although Tesla Exploration describes itself as “one of the largest international seismic contractors in the world,” its balance sheet must represent financial assets considerably less than Constellium’s. Tesla was fined $50,000 when it was discovered to be operating on eleven entirely unauthorized frequencies, a fact that was brought to the FCC’s attention by the police dispatch center that received interference from Tesla’s operations. Risking interference to mission critical operations is a serious violation of the rules, especially when one doesn’t have the authority to be using the channels in the first place!  Ignorance of the rules is no excuse.

On the other hand, Constellium was hit with an almost $300,000 forfeiture when it voluntarily disclosed to the FCC that it had continued to operate on shared frequencies after license expiration and had consummated an unauthorized transfer of control. The fine was later reduced by approximately half, but no life nor limb was ever threatened. Ability to pay would seem to be a factor in determining forfeiture levels. It must be.  

License Renewals – Perhaps Not So Automatic

Apparently the Wireless Telecommunications Bureau will be resurrecting its proceeding in WT Docket No. 10-112 after a six-year hiatus, as we have learned that the FCC has begun to discuss with constituents issues associated with continuance of wireless operations and renewal procedures. The FCC had adopted a Notice of Proposed Rulemaking (NPRM) in May 2010 in which it proposed to adopt uniform provisions in these areas since the current rules were inconsistent from one service to another. The NPRM proposed more detailed renewal showings for both site-based and geographic licenses with the latter having to describe what they had deployed since meeting their original build-out requirements and their plans for future deployment. Given the lapse of time since the initial NPRM, the FCC presumably will put out a Further NPRM to refresh the record before making any decisions.  

FCC Adopts NPRM and Order on Rules for Unlicensed TV White-Space Devices

On February 26, 2016, the FCC released a Notice of Proposed Rulemaking and Order in which the FCC proposes “to amend Part 15 subpart H of its rules to improve the quality of the geographic location and other data submitted for fixed white space devices operating on unused frequencies in the TV Bands and, in the future, the new 600 MHz Band for wireless services.” The Commission also took this opportunity to propose rule changes regarding fixed white-space device registration. According to the NPRM, the proposals are intended to improve the accuracy and reliability of the data recorded in the white-space databases and to minimize the potential to cause interference to protected services.

The Notice was in response to complaints from the National Association of Broadcasters about the data on which spectrum availability decisions were being made and its concern that broadcast licensees in the band were not being fully protected. Because the FCC intends to use a similar approach to meet the complex hierarchical protection rights in the 3.5 GHz band, and likely in future bands, the outcome of this proceeding could have broad application, and EWA will watch it closely.

Refresher on Antenna Structure Registration Procedures at EWA Website

EWA’s Regulatory Counsel Liz Sachs and colleague, Katherine Patsas Nevitt, have prepared a “Refresher on Antenna Structure Registration Procedures” bulletin that provides an extremely useful overview of recent changes to FCC rules regarding towers. Among the changes presented includes the requirement that all new and substantially modified antenna structures must comply with the National Environmental Policy Act (NEPA). The document is available at the EWA website for your review. 

EWA Discussing HAC Requirements with FCC

EWA’s conversations with FCC staff regarding its Petition requesting clarification of the newly modified FCC Rule Section 20.19(a)(1)(i), which defines those service providers that are required to offer hearing-aid compatible mobile handsets, may soon result in a favorable outcome. At this time, the rules could be interpreted to include 800 MHz and 900 MHz digital Specialized Mobile Radio systems. However, we understand that written confirmation that such systems are not subject to this requirement may be forthcoming. 

EWA Clarifies the FCC’s Clarification

In its January 13, 2016, Public Notice, which offered post-narrowbanding deadline licensing guidance, the FCC stated it would "in the near future notify by email" licensees in the 150-174 MHz and 421-470 MHz bands with wideband emission designators urging them to update their license information to reflect compliance with the narrowbanding requirement. After reading the email that was sent to our attention from a member who was attempting to discern its meaning, EWA thought that it would be helpful to members who have or may soon receive the same FCC email, to clarify its content to minimize the potential for confusion.

Because the Commission is sending the same email to ALL licensees that have wideband-only licenses and/or mixed wideband and narrowband licenses, the first paragraph could be read to indicate that the license does not reflect narrowband compliance even if it shows a narrowband emission. The email urges licensees to modify their licenses to show compliance by using the ULS narrowbanding filing tools.

Actually, if your license has a combination of narrowband and wideband emission designators, you are compliant – assuming your system is operating in narrowband mode. The FCC is encouraging licensees that have both wideband and narrowband emission designators listed on the license to modify their licenses EITHER (a) the next time they have to file an application OR (b) by using the narrowband filing tool. Despite the urgent tone of the Commission’s email, EWA has confirmed with FCC staff that there is no requirement for mixed wideband/narrowband licensees to delete wideband emission designators immediately.

If your license has only wideband emission designators, you are NOT compliant with the Commission’s narrowbanding mandate, and you should update the license immediately.

Call EWA’s Spectrum Solutions Department at 1-800-482-8282 if you have questions or would like EWA to verify the status of your license(s). If necessary, EWA can update your authorization with proper narrowband emission designators representing current compliant system operations.

EWA Agrees to Disagree

On February 23, 2016, the Wireless Telecommunications and Public Safety and Homeland Security Bureaus advised EWA via letter that the Federal Communications Commission did not agree with EWA’s understanding that that B/ILT Frequency Advisory Committees (FACs) may certify Public Safety applications for the six VHF channels now available for both data telemetry and vehicular repeater systems (VRS). The FCC stated that applicants on these frequencies remain limited to securing coordination from a FAC that is representative of the applicant’s claimed eligibility. It disagreed with EWA’s position that the process on these frequencies should mirror that applied to Sprint-vacated channels. 

On February 29, EWA filed a response to that letter in which it stated it would not seek reconsideration of the FCC’s decision, but disagreed with that decision and explained why the 800 MHz Sprint-vacated model was applicable in this instance. EWA also suggested that as more Part 90 spectrum becomes available for shared use, rather than being reserved for operations by defined classes of eligibles, applicants should be free to secure coordination from a FAC of their choosing.