Enterprise Wireless Insider, Vol. 11, Issue 9

EWA Recommends Eliminating PLMRS Regulatory Fees

In comments filed on June 22, 2017, the Enterprise Wireless Alliance (EWA) announced support of the Federal Communications Commission (FCC) proposal to raise the de minimis regulatory fee threshold from $500 to $1,000. The Alliance also supported applying that exemption to “multi-year” licenses, such as most Part 90 private land mobile radio (PLMR) licenses, but questioned whether the regulatory fee payment process could be decoupled from Universal Licensing System (ULS), which generates the Form 159 remittance form. Since the FCC does not have budget to fix the outdated and unreliable Form 601 filing process, it is unlikely that it could change the ULS fee-calculation system at any time in the near future. Instead, EWA recommended that the FCC eliminate the shared- and exclusive-use PLMRS license regulatory fee categories, along with the CMRS Messaging (Paging) category. To support the elimination of regulatory fees, EWA also stated that Part 90 spectrum licensees receive only minimal regulatory oversight, other than application processing and individual waivers, both of which are funded through application processing fees. Reply Comments are due July 7. (MD 17-134; FCC 17-62)

3.65 GHz Licensees – Define Protection Zones!

Licensees in the 3.65 GHz band have until August 7 to define grandfathered protection zones around 3650-3700 MHz base stations that were registered as of April 17, 2015, and placed in operation by April 17, 2016, to protect themselves from future unlicensed Citizens Broadband Radio Service (CBRS) operations. However, the FCC recently released a Public Notice inviting comments on two Petitions for Rulemaking proposing to modify the rules governing the entire 3500-3700 MHz band. Instead of sharing the band only with unlicensed CBRS devices that are obligated to protect grandfathered systems using a spectrum access system (SAS), a Petition filed by T-Mobile would allow licensed/auctioned Priority Access License (PAL) licensees to co-exist with 3.65 GHz systems that establish grandfathered rights, an option the FCC had originally rejected. A Petition for Rulemaking filed by CTIA has requested more limited rule changes. EWA suspects that the number of grandfathered protection filings it receives by August 7 will influence the FCC’s decisions in response to T-Mobile and CTIA’s filings. EWA encourages those that are entitled to file for and have a need to secure protection zones, to do so. (GN 12-354; DA 17-340; DA 17-609).  

APCO – “EWA Wasting our Limited Resources”

On June 23, 2017, the Washington County Consolidated Communications Agency (WCCCA) and the Association of Public-Safety Communications Officials (APCO) International responded to EWA’s earlier comments that suggested Washington County, Oregon, and its coordinator, APCO, had not quite met the necessary requirements to secure the right to use Business/Industrial channels in lieu of several other reasonable spectrum alternatives. The County complained that the alternative channels identified by EWA would increase combiner costs in a system that supposedly will cost $135 million. Without attribution, APCO claimed that the FCC “is not ordinarily inclined” to grant Sprint-vacated early access waivers, and incredibly, suggested that EWA’s efforts for fair play were wasting their limited resources.  (File No. 0007375570)  

EWA Updates the Record in Bristol-Myers Waiver Request

EWA filed comments on June 16 supporting a request from pharmaceutical company Bristol-Myers Squib to use Airport Terminal Use (ATU) frequencies within the confines of company plants. Aviation Spectrum Resources, Inc. (ASRI) and FedEx filed jointly in opposition out of concern that the frequencies used by Bristol-Myers would not be available for ATU-eligible entities at nearby airports. EWA submitted Reply Comments on July 3 clarifying that Bristol-Myers’ exclusive-use request would be secondary to future ATU usage. (File No. 0007457084)

Personal-Use Signal Boosters

Wilson Electronics and UPS’s Tim Totten met recently with FCC Chairman Pai to urge elimination of the “personal use” restriction without having to issue a Further Notice of Proposed Rulemaking. Apparently, during the meeting, the Chairman stated that this Commission would not tolerate delays in decision making.  (DA 17-220; WT 10-4)

FCC Names New Bureau Leadership

• Rosemary Harold, Chief, Enforcement Bureau. Ms. Harold rejoins the agency from Wilkinson Barker Knauer LLP, where she was a partner. Prior to joining the firm in 2011, Ms. Harold was a legal advisor to then-FCC Commissioner Robert McDowell for media and broadband issues, and deputy chief of the FCC’s Media Bureau. 
• Wayne Leighton, Chief, Office of Strategic Planning and Policy Analysis. Prior to serving as acting chief of this office, Mr. Leighton served as a senior economist in the Wireless Telecommunications Bureau.
• Donald Stockdale, Chief, Wireless Telecommunications Bureau. Mr. Stockdale rejoins the Commission from Bates White Economic Consulting where he has been a partner. Mr. Stockdale first joined the FCC’s then-Common Carrier Bureau (now the Wireline Competition Bureau) in 1994 as an attorney advisor and later as deputy division chief and associate bureau chief for economics. 

Rosenworcel Nominated to Return to FCC

President Trump has nominated Jessica Rosenworcel (D) to return to the FCC after the lapse of her term last year. If confirmed by the Senate, Rosenworcel will become the second FCC Commissioner to serve nonconsecutive terms. The FCC has two vacancies currently and is facing a third as Commissioner Mignon Clyburn’s terms expired at the end of June.

FCC Takes Action on Improperly Coordinated License

On June 13, the Wireless Telecommunications Bureau released an Order proposing to modify a license held by the Jamul Indian Village Development Corporation to delete three 900 MHz frequency pairs that were incorrectly certified by WIA at distances that did not provide the requisite separation from incumbent systems. The Jamul Indian Village has 30 days to object to the Commission’s decision to remove the three channels from the license. (WQXU512; DA 17-575)

FCC Denies IMSA Waiver Request

On January 1, 2015, the prohibition against certification of PLMR equipment that is not capable of operating on 6.25 kHz operation went into effect. The International Municipal Signal Association (IMSA) filed a waiver in 2016 suggesting that this requirement would raise prices significantly and reduce deployment, especially for volunteer firefighters and ski patrols, and that the deadline should be delayed until January 1, 2020. In denying IMSA’s request, the FCC stated that IMSA did not demonstrate that continued implementation of the 6.25 kilohertz capability requirement would be inequitable, unduly burdensome, or contrary to the public interest.