Enterprise Wireless Insider, Vol. 11, No. 4

Eliminating “Personal-Use” Booster Confusion

On March 23, the Enterprise Wireless Alliance (EWA) filed comments urging the Federal Communications Commission (FCC) to eliminate the “personal-use” restriction on the operation of all consumer signal boosters. The comments were filed in response to a Public Notice requesting comment on a proposal from Wilson Electronics to eliminate the restriction on wideband consumer signal boosters. In its comments, EWA noted that “the restriction is ambiguous and unnecessary for the prevention of interference,” and that the term “personal use” has created “confusion about what communications may and may not be transmitted using a properly registered consumer signal booster, whether provider-specific or wideband.” Assuming the FCC wishes to proceed after receiving these and other comments, the next step will be the release of a Notice of Proposed Rulemaking which will delay the desired outcome.

Higher Ground Waiver Targeted

EWA was one of several entities that filed comments opposing the FCC Order of January 18 that granted a blanket earth station waiver enabling Higher Ground LLC to operate up to 50,000 mobile earth terminals on a non-interfering basis in the 5925-6425 MHz band. As noted in the last issue of Insider, EWA’s Application for Review focused on procedural matters, particularly that the waiver runs counter to established FCC policy. Other parties filing comments focused on the potential for interference to 6 GHz microwave facilities. In response to the Applications for Review, Higher Ground provided responses to the technical challenges of the opposing parties. On March 16, the Association of Public-Safety Communications Officials International (APCO) filed a response to Higher Ground’s formal Opposition, asserting that insufficient consideration had been given to public safety operations. The FCC has not taken any further action in the proceeding, and the request to stay the effectiveness of the waiver remains pending. 

Hands Free California Law Excessively Inclusive

EWA and, possibly the LMCC, will be responding to a 2016 California law that now prohibits the use of portables, unless a driver can swipe to talk, which is not the standard in equipment used within the private wireless industry. Targeted towards the use of cellular devices, the language in the act is excessively inclusive, excluding only emergency vehicles when the mobile devices are being used in emergency situations.

The law prohibits “a person from driving a motor vehicle while holding and operating a handheld wireless telephone or a wireless electronic communication device,” except those used in defined emergency vehicles when used for emergency purposes. The law specifically names “specialized mobile radio device” among the devices included in the definition of “wireless electronic communication device.”

From Crosby's Blog: Be Forewarned — Federal Licensing Communication

Many suspecting licensees, along with their wireless service providers, are contacting EWA asking “are these guys for real” after receiving misleading communications from “Federal Licensing, Inc. Publication Division” stating that all licensees.... Read more at Crosby's Blog. 

LMCC T-Band Task Force Formed

The Land Mobile Communications Council (LMCC) formed a task force concerned with implementation issues associated with the repurposing of the 470-512 MHz band. The group met in late March, and the LMCC membership will discuss potential response strategies again during the April 26 annual membership meeting. How the FCC can realistically identify requirements and processes that will facilitate public safety users to vacate the band entirely by February 2021 remains a significant challenge, especially since there is a shortage of comparable alternative spectrum and several public safety agencies are on record saying that they are not moving.  

FirstNet Selects AT&T

On March 30, the Department of Commerce and First Responder Network Authority (FirstNet) announced the selection of AT&T to build the first nationwide wireless broadband network dedicated for use by public safety entities. FirstNet and AT&T have entered into a 25-year agreement which includes, among other requirements, that:

• FirstNet will provide 20 MHz of spectrum and $6.5 billion over five years;
•  AT&T will spend $40 billion over the life of the contract to build, deploy, operate, and maintain the network; and 
• AT&T will connect FirstNet users to the company’s telecom network.

Rivada Adopts Statewide Alternative Strategy

U.S. Court of Federal Claims Judge Elaine Kaplan denied the Rivada Network’s motion to compete with AT&T for the 25-year, $6.5 billion contract for FirstNet. Meanwhile, Rivada has announced that it will work directly with states and territories that want to opt-out of FirstNet and is working with New Hampshire on an alternative plan for its network.

FCC Enforces Narrowband Mandate

More than four years after the deadline for narrowbanding, the FCC has fined a licensee for not changing its equipment, although it modified its license to add narrowband and delete wideband emissions. Global Paratransit in the Los Angeles area was fined $13,000 after the FCC received an anonymous tip and then confirmed that the system still was operating on wideband channels.  The licensee was fortunate that the FCC did not charge it with misrepresentation, but limited the violations to failure to comply with the narrowband requirement; to transmit station ID; and to respond when the FCC sent it a Notice of Violation asking for information about the situation.  

Pai Promises to Follow Section 7

While all new FCC Chairpersons claim they will “keep the trains running on time,” Chairman Pai has gone a step further by committing to abide by Section 7 of the Communications Act, which says the FCC will determine within one year whether proposals for new technologies or services are in the public interest. The burden for meeting this commitment will rest with the Office of Engineering and Technology. As EWA’s members know, we have several critical items that are more than one year old, some five years old (see article below).  

O’Rielly Criticizes Pace of Change at Commission

In a statement on FCC reforms regarding outdated cellular rules for mobile broadband, Commissioner O’Rielly noted that his only critique of the order came from it having been filed in 2012. He wrote, “The Commission must ensure that its rules are current, technologically neutral and promote flexible use. When they are not, it can’t take five years to update them.”

He noted proceedings that he would like to conclude speedily, including two of interest to EWA. These are the Notice of Proposed Rulemaking to establish uniform license renewal and other policies for certain wireless radio services and the proceeding to eliminate the CMRS presumption in Part 20 of the Commission rules.

O’Rielly Takes Aim at Enforcement Bureau

In a March 22 blog post on improving internal communications and updating priorities at the FCC, Commissioner O’Rielly encouraged staff to cease “pursuing [the] outdated goals” of a previous Commission. This concept applies equally to policy bureaus as well as to enforcement. Particularly, he stated “our enforcement staff should move away from headline grabbing and eye popping penalties that will never be collected.”