Enterprise Wireless Insider, Vol. 10, No. 7

FCC Sessions Shed Light on Pending Items and Priorities

The Federal Communications Commission panelists representing the Office of Engineering Technology, the Public Safety & Homeland Security Bureau (PSHSB) and Wireless Telecommunication Bureau (WTB) provided a thorough update of pending regulatory items during the recent annual meeting of the Land Mobile Communications Council. There were no surprises, as it was reported that many items of importance to private wireless licensees are under active consideration, but remain pending due to other agency priorities. A meeting highlight was the first public address by Jon Wilkins, recently named Bureau Chief of the Wireless Telecommunications Bureau, who noted that a top priority of the Chairman Wheeler administration will be the development of rules and spectrum management policies that will foster the development of 5G in the United States. The WTB will be in the middle of these discussions and policy initiatives. 

The Enterprise Wireless Alliance has learned, however, that an item was placed on circulation on April 11, 2016, to be voted on by the Commissioners with the following description:  Amendment of Part 90 of the Commission's Rules to Improve Access to Private Land Mobile Radio Spectrum, Notice of Proposed Rulemaking. We believe this Notice of Proposed Rulemaking will address several matters that have been pending for some time, including the LMCC’s Petition for incumbents to have priority access to 800 MHz EB/GB channels, the allocation of unassigned UHF “guard band” spectrum above and below the Part 90 allocation, and the LMCC’s Petition for conditional licensing above 450 MHz.  
 

Enforcement Bureau’s Top Ten List

Also during the recent LMCC event, Chief of the Enforcement Bureau’s Investigations and Hearings Division Bill Davenport delivered an instructive presentation on the “Top 10” issues that cause interference problems within the shared Part 90 bands. It was a novel way of summarizing the challenges that the Enforcement Bureau faces, and the primary reasons why licensees face system degradation. We will share the Enforcement Bureau’s top ten list over several issues of Insider, but the first two items are:

#10—Non-Compliant Wideband Systems in the 150-470 MHz band:  The narrowband deadline was over three years ago, but there are perhaps thousands of non-compliant systems still operating wideband technologies. Adjacent channel users suffer the consequences. 

#9—Poor System Engineering and Maintenance:  Poor system designs, installations and maintenance tend to create all kinds of harmonics and intermodulation products that are harmful to unsuspecting systems. Tracking down these systems is also an effort in patience. Licensees are entirely responsible for their system’s performance.

Let’s Update the License Renewal Process

EWA is anticipating the release of a Further Notice of Proposed Rulemaking that will provide recommendations on what additional information may need to be submitted to renew geographic and site-specific based licenses other than simply providing an electronic signature noting that all is good and sending renewal fees to the FCC. Given that Part 90 licenses are issued for ten years, the assumption that administrative and technical data remains accurate after a decade is not a sound approach to spectrum management. EWA will share its views on this subject with its members and will be an advocate for change. 

Whoa—Auction 87 Build-out Notifications

More than 600 Auction 87 build-out notifications still show that they have been returned while over 1,100 are now in pending status.  The status of some of those was corrected by the FCC after further review of the submissions. The FCC advises that the substantial service showings even of those that have been “unreturned” still will receive a second level of review before disposition.  So far, only 120 applications have been “accepted,” the equivalent of being granted and most of those were filed in early or mid-2015 before the FCC began applying additional scrutiny to these applications.  It may be that the FCC feels all NT filings, whether for a 20 kHz or 10 MHz auction license, should be subject to the same review process in line with the “regulatory symmetry” concept they are examining in WT 10-112 regarding license renewals and discontinuance of operation.  Whether this level of detail should be needed to retain a 20 kHz bandwidth channel is questionable, particularly since a rejection of the showing would mean that the channel would be returned to the FCC’s spectrum inventory where it might remain without being re-auctioned for years, perhaps decades.

4.9 GHz – Substantive Changes Ahead

On April 11, EWA along with critical infrastructure and public safety representatives, met with Admiral David Simpson and others from the FCC’s Public Safety and Homeland Security Bureau to discuss pending matters related to 4.9 GHz. The meeting was enlightening given that the Bureau had some progressive views regarding how and under what circumstances this band may be used in the future. It was reported that the NPSTC national plan would not be adopted, at least in its present form, that Critical Infrastructure Information (CII) entities would not be afforded primary rights to any of the spectrum, that PS use would be coordinated by public safety regional planning committees, and that if PS and secondary CII entities did not make substantial use of the band within the next few years, they should anticipate that it will be opened up for commercial operations. EWA anticipates that the FCC will release a Further Notice of Proposed Rulemaking in this matter which will provide the opportunity to comment in response to these proposals. 

Enough is Enough

On April 22, EWA responded to yet another letter from M2M Networks (M2M) in which it challenged the eligibility of an applicant for which EWA had coordinated 900 MHz business/industrial land transportation (B/ILT) frequencies based on its claim that it would use the spectrum for internal business purposes. M2M not only questioned the applicant’s qualifications but stated that if the FCC found that there was a “false eligibility/use statement on its application, it should investigate as to whether EWA facilitated or suggested the eligibility/use statement and take appropriate action.”

EWA responded by stating that M2M’s allegations were “outrageous, possibly defamatory if submitted in another forum, and reflect an abject, presumably deliberate, misunderstanding on M2M’s part regarding the role of frequency coordinators generally and EWA’s practices in particular.” EWA once again explained the limitations on a coordinator’s rights and responsibilities in reviewing applications. It also reminded M2M and the FCC, which was copied on the response, that EWA has asked the FCC to expand the coordinator’s ability to handle questionable applications but the FCC has taken no action.  

VRS Clarification Needed

The Land Mobile Communication Council shortly will be asking for an FCC clarification as to the definition of “transmitter-receivers.” In accordance with new access rules for vehicular repeater systems (VRS) operating in the 173 MHz band, 50 transmitter-receivers must be in use before another 173 MHz channel would become available for VRS operations. The term “transmitter-receivers” is used in FCC rule sections 90.20(d)(93) and 90.35(c)(94). In its request for clarification, the LMCC will ask whether these transmitter-receivers are portable units associated with the specific mobile (vehicular) repeater; only the number of specific mobile (vehicular) repeaters; or, a combination of both the associated portable units and the number of specific mobile (vehicular) repeaters in use by the licensee. At present, the request for clarification is being reviewed by the LMCC membership.  

American Time & Signal Fined

On April 12, the FCC adopted an Order and Consent Decree resolving an investigation into unauthorized operations of wireless clock synchronization systems out of compliance with issued licenses.  As a result, the FCC fined American Time & Signal Company (ATS) $12,000. In 2009, the FCC licensed the frequencies to ATS for temporary fixed operations, and at that time, EWA challenged that licensing approach pointing out that the system installations would not be operated on temporary basis, and that the users of the clock systems should hold the licenses, not ATS who only sells the systems. But what do we know? 

System Modifications without FCC Approval

Anchorage, Alaska based Alascom Inc. was the beneficiary of an FCC Enforcement Bureau investigation that resulted in the issuance of a $36,000 civil penalty and the obligation to implement a compliance plan. Evidently, Alascom was operating for about a year several common carrier point-to-point microwave stations that they had modified without prior FCC approval and which were emitting radio frequencies in non-compliance with the Commission’s technical rules.  Don’t think for a minute that the Enforcement Bureau’s reach is limited because of budget issues.