Public Safety Hopes Some Sharing is Enough to Keep 4.9 GHz
All comments and replies in this proceeding have now been filed and it is left to the Federal Communications Commission (FCC) to determine. While APCO continues to press its argument that Public Safety (PS) is making good use of this band and that utilization will grow if PS entities are permitted to create region-specific band plans. In its opinion, if PS must share the band, the FCC should permit only critical infrastructure industry (CII) use that supports essential public safety activities. Other PS organizations, like the National Public Safety Telecommunications Council (NPSTC), are more willing to share with CII entities more broadly. The Wireless Internet Service Providers Association (WISPA), representing wireless ISPs, has argued for access. The major carriers have stayed out of the fray and have not pushed for access, but this FCC does not like “dedicated” allocations and may choose to approve flexible use, including commercial participation, even if not requested by commercial operators. (WP 07-100)
Category: EWA On Your SideFCC Decision on 3.5 GHz Expected Soon
Dissent in this proceeding continues with large service providers and those who represent them (CTIA, AT&T, and T-Mobile) submitting ex parte filings arguing against census tract-sized priority access licenses (PALs) while smaller entities such as local wireless Internet service providers (WISPS) argue in favor of them. EWA anticipates an FCC decision soon. (GN 17-258)
Category: EWA On Your Side
Expect a Showdown on 6 GHz This Fall
FCC Chairman Ajit Pai has announced that he will take action this fall to permit greater utilization of the 6 GHz band. Expect interested parties to continue to file technical arguments in support of their positions in coming months. The Apple, Google et al contingent claimed to debunk the interference potential concerns raised by Sirius, which operates in an adjacent band, and the Wi-Fi Alliance argues that harmonization with U-NII-3 rules, including appropriate mitigation techniques, would protect incumbent 6 GHz operations. (GN 17-183) (GN 18-122).
Category: EWA On Your Side
FCC on the Side of Carriers for Wireless Siting
As part of its effort to promote 5G build-out in what is viewed as an international race for primacy, the FCC has taken an aggressive posture in support of wireless carriers and site operators and against municipalities that, in the FCC’s opinion, adopt licensing and other regulatory requirements that impede small cell 5G deployment. On August 2, for example, the FCC adopted new “pole attachment” rules that may trigger opposition from utilities. Under the so-called new simple OTMR (one touch-make ready) provisions, OTMR rights can be claimed by a new attacher when “existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage, and does not require splicing of any existing communication attachment or relocation of an existing wireless attachment.” The FCC determined that simple make-ready work does not raise the same level of safety concerns as complex make-ready or work above the communications space on a pole. In the same document, the FCC adopted a Declaratory Ruling that state and local moratoria on telecommunications services and facilities deployment are barred by section 253(a) of the Act because they “prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” Recognizing momentum, AT&T and Crown Castle have already pressed for further FCC action in these areas. (FCC 18-111; WT 17-79)
Category: In the news
Another Red-Letter Day for Warren Havens
On August 14, the Wireless Telecommunications Bureau (WTB) issued another series of rulings addressing construction extension requests and renewal showings submitted, first by companies controlled by Warren Havens, and then by the receiver appointed to manage his spectrum assets. The FCC denied requests from Skybridge Spectrum Foundation for additional time to build-out 352 Multiple Address Systems (MAS) licenses and 16 Automated Maritime Telecommunications System (AMTS) licenses. As typical when Mr. Havens is involved, there were some added twists to the FCC actions. First, it did not cancel the geographic areas of the AMTS licenses that had been licensed to and were being assigned to AMTRAK for Positive Train Control (PTC) use. With regard to the MAS licenses, Mr. Havens had used a previous FCC loophole to assign the upper portion of the AMTS licenses from Skybridge to a related company, Intelligent Transportation & Monitoring Wireless LLC, while leaving all build-out requirements with the Skybridge licenses. So, while those MAS authorizations have been terminated, the licenses assigned to Intelligent Transportation and Monitoring Wireless LLC (ITL) remain valid. Based on prior history, it is reasonable to assume that these decisions will be appealed, although the receiver may take a different position than Mr. Havens did on such matters. (DA 18-848 and 18-850)
Category: In the news