Enterprise Wireless Insider, Vol. 10, No. 9

ULS Modernization

Recently, EWA was an invited participant along with Federal Communications Bar Association (FCBA) representatives to an FCC-hosted meeting on forthcoming plans to redesign the FCC’s Universal Licensing System (ULS). The FCC is in the early stages of this effort and is gathering suggestions for enhancements and “fixes” to the system especially from frequent users of ULS such as EWA. The current plan is to institute ULS enhancements on a radio-service-by-radio-service basis.

The FCC plans on additional outreach to the public in the near future, including a Webex/teleconference with Land Mobile Communications Council (LMCC) representatives on Monday, June 27. 

NPSTC Affirms Lack of Replacement Spectrum

On May 31, 2016, the National Public Safety Telecommunications Council (NPSTC) released its “T-Band Update Report,” summarizing the impact to public safety resulting from the Congressional directive that the Federal Communications Commission (FCC) auction the T-Band spectrum in 2021 prior to removing public safety incumbents no later than 2023. The report stated that there has been only minimal attrition in public safety’s use of the band in the past three years, primarily the possibility of unintentional license expirations. NPSTC added that there remains inadequate replacement spectrum in many key population centers even with the FCC’s decision to set aside twenty-four (24) 700 MHz reserve channels for relocation purposes. The report also identified the steps that would need to be taken before FirstNet’s Nationwide Public Safety Broadband Network could become a viable substitute for T-Band systems citing a SAFECOM/ National Council of Statewide Interoperability Coordinators briefing that calculates a seven-year lead time for public safety to migrate from T-Band, a migration process that cannot begin until substitute spectrum has been identified.

EWA’s MBAN Registration Site Launches

On June 14, 2016, the Enterprise Wireless Alliance (EWA) launched its MBAN registration website that will enable health care facilities to formally register and seek concurrence for the deployment of Medical Body Area Networks (MBAN) in the 2360-2390 MHz band. EWA’s MBAN registration database site is available at www.MBANregistration.org. 

MBAN will be used for wireless patient monitoring in hospitals and health care facilities to transmit patient health data over a short range at a very low power level. The devices are range-restricted to indoor use at health care facilities. MBAN operations are on a secondary, non-interference basis with existing Aeronautical Mobile Telemetry (AMT) operations.  In coordinating MBAN deployments, EWA will use a line of sight calculation and will collaborate with Aerospace and Flight Test Radio Coordinating Council® (AFTRCC), the FCC designated AMT coordinator, for their certification and final approval.   

EWA Files in Support of Petition on Tribal Review Process

On June 10, EWA filed Ex Parte Comments in support of a May 3 Petition for Declaratory Ruling filed by PTA-FLA, Inc. (PTA), a wireless carrier, that proposes measures it believes can be adopted within the current rules to current challenges resulting from the “Tribal Nation” review process for new tower construction or collocations on existing facilities. PTA’s petition seeks clarification of the application of certain provisions of Section 106 of the National Historic Preservation Act (NHPA) and the National Programmatic Agreement (NPA). Specifically, the petition seeks clarification to the following extent:

• Whether Section 106 of the NHPA and the NPA apply at all to structures which do not require registration under FCC tower registration rules or an environmental assessment under the National Environmental Protection Act, and
• Which coordinating historic preservation issues with Tribal representatives can be streamlined to ensure that the interests of Indians in sacred places are respected while eliminating unnecessary coordination efforts that are burdensome and expensive. 

Urging the FCC to consider the issues PTA raises, EWA suggested in its comments that it should be possible to strike a “balance between the entirely legitimate interests of Tribal Nations in protecting locations of meaningful historic significance … and the public interest in facilitating deployment of antenna facilities that are used in delivering public safety, public service, broadband and other wireless communications.”

More of the Enforcement Bureau’s Top Ten List

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

#6 – Non-Compliant Itinerant Operations at Special Events  … while some providers have proper licenses that permit the leasing of mobile and other wireless solutions at special events on approved channels, many others simply rent radios without regard for local incumbent operations. By the time the interference is reported and investigated, the parade is over and the culprits are long gone.

#5 – Failure to Monitor Before Transmitting on Shared Channels … one of the rules that has existed since probably the FCC was organized back in 1932, entities cannot effectively share channels if they disregard their co-channel neighbors.  Bad behavior on shared channels begets bad behavior in kind. 

No Word from Tennessee

EWA filed its comments in response to the  State of Tennessee’s Waiver Request one week early so that the State would have plenty of time to note whether it sought primary or secondary status for use of a single 800 MHz B/ILT channel for statewide itinerant operations. However, the Reply Comment period ended with no response from the State. Any further action by EWA will depend upon the FCC's action to the request and whether EWA's concerns are addressed. In its May 2016 comments, the Alliance offered a variety of alternatives that would allow the State of Tennessee to retain protected status, including operating on one of the several very lightly used Public Safety channels “rather than assume the risk that B/ILT eligible entities might be assigned primary rights to the Channel in the future.”  

Looking Back with Nancy Gruen

After nearly 40 years in the wireless communications industry, Nancy Gruen will be retiring from EWA effective June 30.  Nancy began her professional career with Motorola, moved to the Licensing Assistance Office (LAO) with George Daigneault, and ultimately transitioned to EWA after its acquisition of LAO in 2007. Nancy recently reflected on the critical moments, events and people from her time in the industry.

Nancy Gruen

The Business of FCC Licensing
In the early 1980s the FCC stored original licenses in one physical location in Gettysburg, Pennsylvania, and to conduct research for a new license or a modification, it was necessary to travel there to review these paper files. “I set aside one day a week to go to the FCC for license retrieval. I would locate the license, copy it and re-file it. Sometimes, files could get out of order, which caused delays in locating the information required to do the work.” When the FCC began using computers, access was limited to 15 minutes per user, and only three computers were available at the time. “You had to stand in line for long periods of time in the early days of computers. Now, you can conduct your research online, whenever/wherever you want” she said.

FCC rules and advances in technology
Because she is aware of the origins of some of the FCC rules, Nancy believes that, in some cases, rules have been outpaced by advances in technology. She considers digital to analog interference an example of issues born of the advancement of digital technology. “Some industry experts claim digital interference isn’t ‘harmful,’ but it certainly makes communications near impossible for some of those experiencing it,” Nancy commented. In recent years, Nancy has managed EWA’s interference resolution service.

The evolution of organizations—but not the people
Over the years, organizations have evolved in response to changes in the industry and FCC regulation. Even as these organizations changed, many people have remained a constant. “I’ll miss the people,” said Nancy. Those having a significant impact on her career include George Daigneault (who first hired her at Motorola), Al Ciampaglia, Ralph Haller (former Chief of the FCC’s Private Radio Bureau) and Mark Crosby.

What’s next?
Nancy plans to retire to her “ranch” to work, play and get back into photography.  “Nancy was a critical employee and contributor to the business successes realized by Motorola, LAO and EWA. She fostered long term relationships, was extremely loyal to her customers, was very knowledgeable about the rules governing licensing, achieved results throughout her career, and handled all customers, even those a bit more demanding than others with grace and a smile every time,” stated Mark Crosby.  

FCC WTB Announces Staff Changes

FCC Wireless Telecommunications Bureau Chief Jon Wilkins has announced the appointment of Suzanne Tetreault as Deputy Bureau Chief. Ms. Tetreault will move from her current position as Deputy General Counsel in the Office of General Counsel. Since starting at the Commission in 1991, Ms. Tetreault has held senior leadership positions in the FCC’s Enforcement Bureau, Consumer and Governmental Affairs Bureau and Wireline Competition Bureau. Prior to joining the Commission, Ms. Tetreault worked at the Federal Trade Commission and in private practice. 

FCC Announces Inflation Adjustment

In an Order adopted June 9, 2016, the FCC announced inflation adjustments to civil penalties, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which seeks to improve the effectiveness of civil penalties and maintain their deterrent effect. The new penalty levels must take effect no later than August 1, 2016. In other words, FCC forfeitures may be adjusted upwards, and some issued lately have been reasonably substantive before any adjustments. 

Chinese Retailer Receives $34M FCC Forfeiture

On May 24, 2016, the Federal Communications Commission (FCC) imposed a penalty of $34,912,500 against Chinese retailer C.T.S. Technology Co., Limited, (C.T.S. Technology) for marketing 285 models of signal jamming devices to U.S. consumers via its Aiswa.com website. These devices, which were advertised for sale to U.S. consumers, were designed to disrupt a variety of communications systems, including all major cellphone networks, Wi-Fi systems and Global Positioning System (GPS) channels. Some of the more dangerous devices were advertised as having the capacity to jam communications for a distance of over one-half mile. C.T.S. Technology sold several high-powered jamming devices to undercover FCC personnel, who had posed as consumers, and shipped the equipment to the U.S.

The FCC requires payment of the forfeiture within 30 calendar days after the release date of the Forfeiture Order. If the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of Justice.