Enterprise Wireless Insider, Vol. 11, No. 6

Drumbeat of Opposition on Higher Ground Escalating

It is unlikely that the Federal Communications Commission (FCC) will ignore the growing clamor over an approved waiver request which allows Higher Ground LLC 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. Over the next few weeks, the Enterprise Wireless Alliance (EWA) and other concerned organizations will meet with the International Bureau and Wireless Telecommunications Bureau (WTB) to discuss the matter. The request to stay the effectiveness of the waiver remains pending.  

EWA Files Comments on SMR Regulation Inquiry

On May 15, 2017, EWA filed comments with the FCC in response to a Further Notice of Proposed Rulemaking where the FCC modified rules for cellular systems and also requested comments from the industry on whether Specialized Mobile Radio (SMR) should be moved from Part 90 to Part 27. In its comments, EWA explained that there are both site-based and geographically licensed SMR systems and that not all geographically licensed SMR systems are classified as or operate as cellular-like Enhanced Specialized Mobile Radio (ESMR) networks. It urged the FCC to leave all SMR systems, including ESMRs, in Part 90. 

LMCC Seeks Retention of Coordination Rules

In response to a Public Notice seeking comment on the possible elimination or revision of certain FCC rules, the Land Mobile Communications Council (LMCC) suggested that two Part 90 rules should remain without modification.

Adopted in the year 2000, rule sections 90.35(b)(2)(ii) and (iii) facilitate coordination and compatibility between and among numerous Industrial/Business (I/B) radio service users that may share certain channels. Specifically, Rule 90.35(b)(2)(ii) identifies the designated certified frequency coordinator for an associated frequency but notes that any certified coordinator in the I/B Pool may coordinate applications on such frequencies with consent of the designated coordinator and that when two coordinators are listed, either coordinator may be used. Rule 90.35(b)(2)(iii) opens coordination of frequencies that were shared prior to the radio service consolidation to any certified I/B coordinator while protecting existing power, petroleum, railroad, and automobile emergency systems against interference.

LMCC Supports Modified Access to Alarm Channels

LMCC and The Monitoring Association (TMA) have jointly submitted suggested revisions to FCC rules governing access to central station alarm frequencies as well as related coordination protocols. The revisions and protocols were submitted in response to an FCC effort to enhance access to these designated channels.

The rule revisions propose to allow increased access to certain central station channels by non-central station entities. Specifically, the urban central station voice channels will be available for all Part 90 Industrial/Business Pool applicants proposing to operate exclusive-use channels. Further, while “nationwide” central station voice channels will remain assigned exclusively for use by central station entities, TMA will consider providing concurrence to waiver requests to utilize these frequencies, if no exclusive-use frequencies are available in the applicant’s primary pool.

The protocol represents a consensus among the LMCC members and, upon acceptance by the FCC, the LMCC will post associated frequency coordination protocols on its website.

California Hands-Free Law Amended — Washington Passes its Law

On April 17, the California legislature amended its laws regarding the use of electronic wireless devices while a vehicle is in motion to delete the reference to Specialized Mobile Radio (SMR) devices and two-way messaging devices. This change is important as California often leads the way for consumer-focused legislation. EWA finds the final version of the legislation a much better approach and a rea-sonable regulatory template for other states. The revised law includes clarifying language that specifies the intended devices and does not limit use of “two-way wireless communication devices utilized by either trained professionals or individuals that have been properly licensed for brief, verbal communications essential to the functioning of their job duties.”  

In related news, Gov. Jay Inslee of Washington state has signed a law, to take effect in 2019, that will prohibit drivers from holding an electronic device while driving. The law exempts using an electronic device to contact emergency services and operating two-way or citizens band radio services.

Batching 800 MHz Applications — EWA’s Clarification Pending

The FCC has yet to respond to EWA’s April 25 letter asking if parties interested in acquiring 800 MHz Expansion Band/Guard Band spectrum are permitted to organize packages, like those promoted by M2M/SNG/Smartcomm, that solicit third party applications from investors with a commitment by the affiliated entities to build the facilities and lease or acquire the spectrum once licensed, despite any initial channel limitations. This licensing approach circumvents rules that limit the number of channels for which licensees may initially be authorized. (WP 16-261)    

WRC Must Heed 460-470 MHz Licensees

In comments filed May 18, the LMCC urged advisory working groups preparing for the upcoming World Radiocommunication Conference (WRC) to follow LMCC recommendations that would protect more than 100,000 licensed private land mobile radio (PLMR) operations against harmful interference from satellite systems operating in the 460-470 MHz band. The WRC has proposed in Resolution No. 766 to elevate satellite downlink operations to primary status in the band. If the proposal is adopted without adequate interference protections, vital terrestrial operations, such as those for public safety, utilities, and business enterprises, could be adversely affected, threatening both the economy and the safety of citizens in the United States.

In 2010, a report concluded that satellite systems operating in the 460-470 MHz band can cause harmful interference to terrestrial systems. In that case, a National Oceanographic and Atmospheric Administration satellite caused harmful interference to alarm monitoring operations, interrupting signals indicating fire, home invasion, medical emergencies, carbon monoxide levels and other emergencies. To avoid a similarly dangerous scenario, LMCC recommended protective measures, including that PLMR users should be involved in the development of rules for and the testing of these satellite operations before any primary satellite usage commences. 

Tribal Review Source of High Costs Says Sprint, Correcting Pai

Sprint and the City of Houston each filed comments correcting FCC Chairman Pai’s assertion that the City of Houston was responsible for the high cost to deploy broadband at NRG stadium in Houston for the Super Bowl. Pai made his remarks at the FCC Open Meeting in April. However, according to its calculations, Sprint incurred costs of $173,305 for 23 cells deployed around the stadium, that were the direct result of the tribal review process that is part of compliance with Section 106 of the National Historic Preservation Act.

In a letter filed May 16, Sprint noted it spent more than $7,000 per site for tribal review and consultant costs in the Super Bowl deployment. Sprint further noted that “since the advent of the current tribal historic review process in 2004” no tribe has ever requested consultation with Sprint because a proposed antenna location would adversely impact any historic property. Sprint acted quickly to correct the record in this matter because the company believes this increasing economic burden will have an “impact on broadband infrastructure investment and deployment.” The company had already brought this matter to the attention of the FCC in comments filed in April of 2017 in the matter of “Streamlining Deployment of Small Cell Infrastructure by Improving Wireless Facilities Siting Policies" (WT Docket No. 16-421).

A May 10 letter from Mayor Sylvester Turner of The City of Houston asserts repeatedly that Chairman Pai’s statements are false and prejudicial to the City and seeks to know the source of the allegations to rebut directly. Responding to the charge of high fees, Mayor Turner writes, “it is not possible that a wireless network company could have paid hundreds of thousands of dollars to Houston to complete a review for use of the right of way because the City charges a flat fee of $111.82 for a plan review application and $80.51 for extra page of plans. All wireless network companies pay this same published fee.”

Spectrum Soap Opera

It seems to be the longest running soap opera in the history of the FCC, which would be amusing if it were not that this spectrum remains inaccessible to anyone that might put it to use while the saga continues. On May 11, the WTB rejected an MCLM claim that it was providing substantial service on four geographic Automated Maritime Telecommunications System (AMTS) licenses and that the licenses therefore should be renewed. While the WTB decided that the showings were “devoid of any meaningful metrics that would permit us to…gauge how much of its total spectrum…is being used, or the aggregate proportion of each license area in which the spectrum is being used,” it nonetheless concluded that in light of the totality of this proceeding it would give MCLM another two years to meet its build-out obligation. (DA 17-450)

$144K+ Fine for Pirate LPTV Station

Halting pirate radio stations is an important priority for the FCC, but this fine seems an oddity as the FCC has known of, and had been conversing with the operators of this pirate station for some 20 years. Now, the FCC has proposed a $144,344 fine against two individuals for operating a LPTV station for almost twenty years after its license had expired, despite multiple warnings from the FCC that the station had no valid authorization. Since the Chairman has vowed to crack down vigorously on “pirate” broadcast stations, this very modest proposed fine must be based on an anticipated claim of the parties’ inability to pay.