Enterprise Wireless Insider, Vol. 11, Issue 8

If Only a Fair Exchange Was Possible

“Research reveals that Washington County has not exhausted its public safety (PS) allocation alternatives,” said Enterprise Wireless Alliance (EWA) President Mark Crosby in response to a request for waiver from Washington County, Oregon seeking access to Business/Industrial Land Transportation (B/ILT) channels. In comments filed June 9, 2017, EWA reported that it had discovered 84 12.5 kHz available National Public Safety Planning Advisory Committee (NPSPAC) channels at Washington County’s proposed location, along with two Sprint-vacated General Category (GC) channels that would be assignable with a “No Objection” letter from Sprint, a result that any certified frequency advisory committee should have discovered. Since intercategory sharing is not permitted without a waiver, the public safety coordinator is obligated to exhaust all public safety spectrum alternatives prior to seeking B/ILT spectrum. Armed with these results, EWA contended in its objection that Washington County has not demonstrated that it is eligible for waiver relief. In addition, EWA challenged the unwillingness of APCO International to support reciprocal B/ILT waiver requests even in instances such as American Electric Power’s request for early access to Sprint-vacated spectrum in an area where plentiful 800 MHz PS channels were available. The 800 MHz intercategory waiver process needs not to be such a one-sided affair. Reply Comments are due on June 23.  (File No. 0007375570)  

Canadian Clearances – Forever Painful

EWA met with Federal Communications Commission (FCC) staff on June 8 to discuss FCC requirements and procedures for seeking Canadian approval of site-based installations operating under Part 22 geographic licensees above Line A. While the meeting clarified certain aspects of the process, it did not resolve what EWA considers overly intrusive Canadian involvement in the operation of U.S. licensees. While greater understanding on the part of the FCC of the everyday challenges facing U.S licensees that unfortunately operate within 75-miles of the Canadian border brings a modicum of hope that the process will improve, needed changes within the approval process are not anticipated in the near future. EWA also doubts that the Canadian authorities are properly motivated to enhance their laborious review and approval protocols.  

If You Come from Spectrum Abundance…

Other than EWA, a scant few parties filed comments in response to the FCC request that the record be updated in the seven-year old proceeding that could lead to significant changes to license term and renewal certification policies. Among the filers were CTIA and Verizon, both of which urged the FCC to abandon its proposal for more rigorous renewal standards in favor of certifications that systems remain fully operational. Without an acceptable definition of what “fully operational” is supposed to mean, EWA suggested shorter license terms and a rigorous system recertification process as a basis to potentially return spectrum for other eligible users. Of course, private land mobile interests have nowhere near the spectrum inventory that the nation’s cellular carriers have at their disposal. (WT 10-112)

Twilight Towers

EWA will file reply comments in response to a Notice of Proposed Rulemaking regarding the need to accelerate wireless broadband deployment. EWA agrees with the NPRM’s suggestion that the FCC should allow colocation on “Twilight Towers,” those constructed between 2001-2005, without a demonstration that the tower satisfies environmental analysis applicable to all post-2005 communications towers. (WT 17-79; FCC 17-38)

Bristol-Myers Squibb Seeks Use of ATU Channels

EWA has filed comments supporting a request for waiver from pharmaceutical company Bristol-Myers Squibb to access Airport Terminal Use (ATU) frequencies for plant operations in New Jersey and Connecticut. EWA recommended the channels to Bristol-Myers after determining that there were no other Industrial/Business (I/B) Pool channels that could be certified for centralized trunked operations that would be limited to the confines of the company’s plant facilities. EWA noted that no ATU incumbent operations would be impacted, and the company’s use would not limit the use of the ATU designated channels at any airports where ATU operations might be needed. 

No Place for Outdated Rules

EWA recently suggested that the Commission delete a number of Part 22 rules governing certain operational and technical requirements that apply not only to cellular systems, but also to licenses authorized under Subpart E, Paging and Radiotelephone Service. EWA noted that the burdens imposed by unnecessary, obsolete requirements weigh more heavily on licensees operating small systems than they do on nationwide cellular carriers that have regulatory departments charged with ensuring compliance with even the most obscure FCC regulatory obligations. Although not raised by the FCC as a rule targeted for extinction, EWA recommended that the FCC delete the Part 22 rule section that states that applicants “may begin construction of a facility 35 days after the date of the Public Notice listing the application for that facility as acceptable for filing.” There undoubtedly was good cause for this restriction when adopted, although what that cause was and why 35 days was deemed effective to address it is unknown to EWA, and likely unknown to current FCC staff. (WT 12-40)

Make Friends and Share

In meetings held in early June, the FCC suggested that private land mobile interests, particularly those concerned about potential interference to utility, rail, public safety, and other B/ILT operations, would be best served by sitting down with Higher Ground, LLC to work towards potential coordination procedures that would mitigate interference concerns and promote spectrum sharing in the 5925-6425 MHz bands. Higher Ground has received a waiver to use C-band satellite spectrum in the 3700-4200 and 5925-6425 MHz bands to deploy up to 50,000 earth stations hooked to smart phones, despite the fact that there were substantial numbers of incumbent microwave operations. (Call sign E150095) 

FCC Expected to Adopt Opt-Out on FirstNet

At its meeting on June 22, the FCC is expected to adopt rules governing the FirstNet opt-out process. In general, and consistent with its interpretation of the statute, the FCC rules will make it challenging for a state to opt-out and build its own Radio Access Network (RAN). The rules will include the following hurdles:

• Establish the procedural timeline for states to notify the FCC, FirstNet, and the National Telecommunications & Information Administration (NTIA) of their opt-out elections and to file their alternative state plans with the FCC.
• Identify information that states should include in their alternative state plans to demonstrate compliance with the statutory criteria for interoperability with FirstNet’s network.
• Specify the technical criteria and standards that the FCC will use in evaluating al-ternative state plans.
• Provide the details of the FCC’s review process, including participation by inter-ested parties, treatment of confidential information, and the timing of FCC action.
• Describe how the FCC will document its decisions to approve or disapprove al-ternative state plans.

WTB Reminds Licensees of Construction Obligations

The Wireless Telecommunications Bureau has issued a reminder to all wireless licensees to meet construction and coverage deadlines in a timely manner and not to expect that requests to extend construction obligations will be granted routinely. The construction obligations promote the FCC’s goal of efficient spectrum use and deployment throughout the country and to rapidly “deploy wireless broadband and other services.”

NPSTC Supports LMCC Concerns on 460-470 MHz

On June 2, the National Public Safety Telecommunications Council sent a letter to the FCC supporting the recommendations of the Land Mobile Communications Council regarding Resolution No. 766, the proposal to elevate satellite downlinks to primary status in the 460-470 MHz band. “Ensuring the communications for terrestrial public safety and critical industrial/business users are protected from interference is essential to the nation’s safety and economy,” the letter stated.