Enterprise Wireless Insider, Vol. 11, No. 2

Over Objections, FCC Approves Higher Ground Waiver

On January 18, the International Bureau, Wireless Telecommunications Bureau (WTB), and the Office of Engineering and Technology (OET) of the Federal Communications Commission (FCC) approved Higher Ground LLC’s waiver request to use C-band satellite spectrum in the 3700-4200 and 5925-6425 MHz bands to deploy up to 50,000 earth stations by attaching “SatPaq” terminals to smartphones to provide “consumer-based text messaging/light email and IoT communications.” The waiver was granted over opposition from multiple carriers, business enterprise, and public safety entities, all of which expressed concern about the potential for interference to 6 GHz microwave facilities. The FCC concluded that Higher Ground’s proprietary method and algorithms for using Universal Licensing System (ULS) data to identify and avoid protected 6 GHz fixed facilities was reasonably expected to prevent interference. EWA is carefully reviewing the FCC’s technical justifications and associated assurances that interference to incumbent microwave systems will be minimal with the objective of potentially submitting an Application for Review. EWA had earlier suggested to the FCC that such a controversial matter would be best determined through a formal rule making process rather than simply approving a waiver request.    

Access to Central Station Channels

For several months now, EWA has been in discussions with the Central Station Alarm Association (CSAA) regarding processes and policies that would increase access to certain UHF channels that were originally allocated exclusively for use within central station alarm systems. Recently, representatives from CSAA and the Alarm Industry Communications Committee met with members of the Wireless Telecommunications Bureau to discuss specific recommendations that would provide Business/Industrial entities greater access to some UHF central station channels while retaining primacy for central station alarm applications. One of the topics discussed included the development and “preparation of a coordination protocol for the central station frequencies.” EWA will have the opportunity to review and comment on these recommendations. 

Items on EWA’s Radar Screen

Regulatory items that are awaiting an FCC response of critical interest to EWA members include, among other matters: 

• 900 MHz Private Enterprise Broadband PEBB — The FCC prepared what is believed to be a Notice of Inquiry (NOI) that will seek information regarding the EWA/PDV proposal to bifurcate the band into a broadband and narrowband allocation; 
• AEP 800 MHz Waiver — Opposed by APCO, an AEP/EWA effort to permit AEP early CII access to Sprint-vacated spectrum at remote sites; 
• 800 MHz Interstitial Channels — The pending release of a Report and Order will make available 319 Mid-Band 12.5 kHz channel pairs, incorporating proposed LMCC adjacent channel interference protection analyses; 
• T-Band Repurposing — How the FCC proposes to implement legislation requiring that PS channels be auctioned by 2021 remains to be seen, however complications include insufficient replacement spectrum for PS and I/B licensees, PS licensee statements that they cannot/will not relocate, and now there are implementation time constraints; and 
• License Renewal Proceeding — A potential further NPRM proposing more detailed renewal showings for both site-based and geographic licenses.

Pai Named FCC Chairman

Commissioner Ajit Pai has been designated the 34th Chairman of the FCC and has announced staff appointments as well as the appointment of Commission bureau and office chiefs. In remarks to staff, the Commissioner proclaimed the focus of the FCC under his leadership: 

“One of the most significant things that I’ve seen during my time here is that there is a digital divide in this country — between those who can use from cutting-edge communications services and those who do not. I believe one of our core priorities going forward should be to close that divide — to do what’s necessary to help the private sector build networks, send signals, and distribute information to American consumers, regardless of race, gen-der, religion, sexual orientation, or anything else. We must work to bring the benefits of the digital age to all Americans.” 

Interim Bureau Appointments

While most personnel in the WTB and Public Safety and Homeland Security Bureau (PSHSB) have remained in their positions, Chairman Pai has made the following ap-pointments to Bureaus of significance to the private land mobile radio industry.

• Michael Carowitz has been appointed Acting Chief of the Enforcement Bureau, following the departure of Bill Davenport. Most recently, Mr. Carowitz served as Deputy Chief of the Consumer & Governmental Affairs Bureau, and, prior to that, served as Associate Chief/Chief of Staff of the Enforcement Bureau. 
• Lisa Fowlkes has been appointed Acting Chief of PSHSB. Since December of 2016, Ms. Fowlkes has been serving as Acting Deputy Chief of the Enforcement Bureau. Prior to that, she served as Acting Director of the Office of Communications Business Opportunities. Previously, she served as Deputy Chief of PSHSB.
• Nese Guendelsberger has been appointed Acting Chief of the WTB. She has served with the FCC since 2000 in many roles, including most recently Deputy Bureau Chief in the International Bureau and previously as Chief of the Wireless Bureau’s former Spectrum and Competition Policy Division.

FAA Tower Marking Update

Last year, legislation was signed into law regarding tower marking (painting and lighting) for many towers 50–200 feet in height. The Federal Aviation Administration (FAA) is required to issue regulations implementing the law later this year, and tower owners will have one year after the effective date of the rules to comply. Which towers will be covered and how such towers must be marked has not yet been determined, but will be addressed in a Notice of Proposed Rule Making that will propose specific rules subject to public comment. In the interim, the FAA is in the process of determining how many towers would be affected and the cost of marking these towers. For information, please visit FAA Advisory Circular number 70/7460-IL.