“Surprised to Learn”
A Citation was issued to SCS Enterprises, Inc., dba, Spy Camera Specialists, for marketing unauthorized radio devices that operate in the restricted 1.2 GHz band without FCC type acceptance. Spy Camera officials had earlier noted that they were “surprised to learn” that the devices could not be marketed within the United States, and that they had ceased all purchase and sales of such devices. The FCC still thought it best to remind Spy Camera that any further violations could result in forfeitures not to exceed $16,000 for each day of a continuing violation.
Category: Enforcement Corner“Our License Lapsed”
A Notice of Apparent Liability (NAL) in the amount of $6,400 was issued to Nevada Sun Peak LP, for operating its PLMRS station without Commission authority, and for failure to timely file a station renewal. Nevada Sun Peak operated under call sign WPQE205 until its expiration date of June 7, 2005. Apparently, not until January 30, 2009, did Nevada Sun Peak file a request for Special Temporary Authority (STA), stating that its license had “lapsed” and the STA was necessary for continued operation of its radio facility pending the filing of an application for a new license. The FCC conducted an investigation and Nevada Sun Peak admitted that it utilized station WPQE205 approximately 10-12 times annually between 2005 and 2009. MORE
Category: Enforcement CornerGLMSS Spring Meeting
The Great Lakes MSS Association (GLMSS) will hold their spring meeting at the Don Cesar Beach Resort in St. Petersburg, Florida, from February 4-5, 2010. EWA will be exhibiting and Mark Crosby will present a regulatory and spectrum initiatives update on Thursday morning.
Reservations at the host hotel are available until January 9, 2010. For additional information about the meeting, please visit http://www.glmss.com/spring/spring_2010.htm.
Category: EventsFCC Seeks Comment on Signal Boosters
On January 6th, the FCC issued a Public Notice seeking comment on several industry Petitions for Rulemaking that seek clarification of the rules regarding proper installation of signal boosters and other wireless amplification devices that are used on frequencies licensed under Parts 22, 24, 27 and 90. MORE
Category: In the newsNationwide LPTV Licensing Delayed to July 2010
The FCC has postponed until July 26th, licensing of nationwide first-come, first-served, digital only licensing applications for low power television (LPTV) and TV translator stations.
The Media Bureau stated it was necessary to complete the processing of applications that have been filed for rural areas since August 25, 2009. The delay will also allow interested parties additional time to prepare applications for the remainder of the United States. MORE
Category: In the newsWireless Siting Approval “Shot Clock”
Following years of lobbying by the wireless industry, the FCC adopted a Declaratory Ruling late last year establishing a “shot clock” for State and local government approval of requests for wireless tower approvals. The FCC determined that 90 days for review of collocation applications and 150 days for review of siting applications other than collocations were “presumptively reasonable” amounts of time within which governmental entities should act on those requests. If the governmental entity fails to act within the prescribed period, the applicant can bring an action in court under Section 332(c)(7)(B)(v) of the Communications Act, and the court will determine whether the delay was in fact unreasonable under all the circumstances of the case. The FCC also concluded that it is a violation of Section 332(c)(7)(B)(i)(II) of the Act for a State or local government to deny a personal wireless service facility siting application because service is available from another provider.
Category: In the news3.65 GHz Interference Ground Rules Become Clearer
Late last year, FCC released a decision involving claims of interference by competing 3.65 GHz licensees in Puerto Rico. The decision essentially restated what should have been known by all users of this band, specifically that all licensees have an obligation to minimize interference and that there is no "first in time" preference. The FCC also affirmed that parties cannot petition to deny registrations. MORE
Category: In the news800 MHz Wave 4 Negotiation Period Extended
The negotiation period for Wave 4 NPSPAC (Stage 2) and non-NPSPAC (Stage 1) licensees in the U.S.-Mexico border region has been extended until April 1, 2010, and the beginning of the mediation period for such licensees postponed until April 2, 2010. The extended negotiation period will alleviate administrative burdens on licensees, avoid unnecessary rebanding expenditures, and provide additional time for resolution of border issues and issuance of frequency designations by the 800 MHz Transition Administrator. MORE
Category: In the newsEWA Opposes NPSTC Method for Spectrum Access
It doesn’t really matter whether public safety needs spectrum for two-way paging or not, but a solution that relies on an FCC audit of 900 MHz NPCS spectrum and then the eventual recovery of unused or lightly used channels is not the answer. In comments that will be filed on Friday, EWA will note that even if the FCC were to conclude that this NPCS spectrum should be considered for public safety use, it must follow the dictates of the Administrative Procedures Act and its own rules before embarking on the course of action suggested in the NPSTC petition. There is no legal basis, nor should there be for the FCC to cancel or modify a license that has satisfied all applicable construction requirements. EWA reminded the FCC that use of the 900 MHz B/ILT pool was still under consideration for this requirement, and that the public safety community had themselves supported such access. MORE
Category: In the newsNo quick fixes ...
I promise this will be my last commentary on the National Public Safety Telecommunications Council (NPSTC) petition that requested the FCC to audit the 900 MHz narrowband PCS spectrum in order to identify unused or lightly used channels that could be earmarked nationally for public safety messaging systems. It is just that it illustrates how squirrely things can become sometimes in the world of higher telecommunications policy decision making.
First, everyone in town knows that the Obama Administration is leaving nothing on the table as it passionately seeks to identify frequency bands that can be identified for either reallocation or repurposing to fulfill the massive spectrum requirements that are believed necessary to reach the goal of a national, universally available, broadband capability for the masses. This is the Administration’s highest priority in its tech agenda.
Along comes the NPSTC petition which provided a perfect vehicle for the Commission to explore what if any potential exists to repurpose spectrum that has might be available, even previously auctioned spectrum which the folks at NPSTC specifically targeted. I don’t think the FCC will be shocked that there will be significant push back by the industry. For our part, EWA advised the Commission that there “simply is no legal basis – nor should there be – for the FCC to cancel or modify a license that has satisfied all applicable requirements based on a desire to make recovered spectrum available for some other communications however laudable that purpose might be.” I think the government recognizes that it probably shouldn’t run roughshod over the Administrative Procedures Act. Industry feedback hopefully will be used to guide broadband development policy. There are no quick fixes.
But back to the stated need at hand, that is providing a modicum of spectrum for public safety emergency alerting and messaging. I had forgotten that a couple of years back we had recommended that excess capacity within the 900 MHz B/ILT pool should be given serious consideration for use by public safety two-way paging applications. This proposal was supported by many within the public safety community and even the Commission at the time, although that was a previous administration.
The Commission flat out directed the Public Safety and Homeland Security Bureau and the Wireless Telecommunications Bureau to consider the issue of “permitting the use of 900 MHz B/ILT pool spectrum for two-way paging systems either owned by public safety users or dedicated to the provision of emergency communications.” In its recommendation, the Commission added that “We expect that the two Bureaus will give appropriate consideration to this issue in due course.”
We’re still expecting. Now might be a good time.
Category: Message trom the President