Enterprise Wireless Insider®, Volume 9, Issue 12

M2M Spectrum Seeks to Convert 900 MHz Band to SMR Use

On June 29, M2M Spectrum Networks, LLC petitioned the FCC to initiate a rulemaking that would change the eligibility requirements within the 896-901/935-940 MHz (900 MHz) Business/Industrial Land Transportation (B/ILT) Pool specifically to permit SMR systems as a permitted initial eligibility. Presently, only private internal systems are eligible to be initially licensed in the B/ILT pool. And, never bashful about boasting of its good intentions, incredibly, M2M labeled its Petition to convert the entire B/ILT pool for use potentially by commercial entities “superior” to the joint Petition filed by pdv and EWA. We wonder if the organizations representing critical infrastructure industry entities share that opinion. 

City – County of Denver Seek Use of 800 MHz B/ILT Frequencies

On June 26, the FCC released a Public Notice seeking comment on an application and waiver filed by the City and County of Denver, which seek to license channels in the 800 MHz Business/Industrial/Land Transportation (B/ILT) category.

In support of its request, Denver provided a co-channel letter of consent from the Denver Public Schools, which is currently licensed to operate on the channels that Denver requests. In addition, those “channels would be short-spaced to DPS’ facilities.” In its letter, DPS agrees to “’accept and work to cure any interference resulting from the reduced separation between the systems.’” Amazingly, along with its request, it was claimed that there were absolutely “no public safety frequencies available” for this applicant.  None. Nada. No Way. No How. It would be preferable if the City/County just said that it was more cost effective and a better use of available funds to stay within the 800 MHz band. That makes sense, but not the tired refrain that “there are no frequencies available.” That claim simply cannot be substantiated. Comments are due July 26, 2015. Reply comments are due August 10.

WTB Reminds Licensees in 3.65 GHz of Construction, Operation Requirements

In preparation for the new Citizens Broadband Radio Service, the FCC WTB released a Public Notice reminding “grandfathered” licensees in the 3.65 GHz band of requirements for construction and operation. A licensee is “grandfathered”—and, as a result, protected from harmful interference—if the station registered in the FCC’s Universal Licensing System (ULS) on or before April 17, 2015 and that the stations “are constructed, in service, and fully compliant with the relevant operating rules” within one year of that date.

EWA notes that the Commission places great emphasis on its plan to distinguish between “real” and “paper” networks. As such, the FCC may require licensees to provide evidence showing that the conditions outlined above have been met by the 2016 deadline. Wouldn’t this be a great policy that would be equally applicable in the 800 and 900 MHz bands?

Acumen Communications Receives $17K Forfeiture for Operating on Coast Guard Frequency

Los Angeles-based Acumen Communications was hit with a $17,000 fine this week for operating on a frequency “not authorized on its license and for failing to take reasonable precautions to avoid causing harmful interference” to United States Coast Guard operations.  According to the Forfeiture Order released on June 26, Acumen had argued that it was not responsible for the harmful interference, the Enforcement Bureau’s investigation found otherwise.

EWA Responds to Yet Another Smartcomm Missive

EWA, in a response to an Informal Opposition filed before the Federal Communications Commission (FCC), has again requested that the FCC’s Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau convene an industry-wide meeting to address the continued availability of 800 MHz spectrum for qualified Private Land Mobile Radio Service (PLMR) users. The Opposition, filed by Smartcomm LLC - related to the M2M folks in the previous article – requested, that an application filed by EWA be dismissed with prejudice and called for an FCC admonishment of EWA for what Smartcomm describes as complicity in a scheme by the applicant to violate FCC rules, claiming that this is not the first time the Alliance has “assisted applicants in skirting the Commission’s rules in this manner.”  

EWA Responds to SNG Petition

On June 30, Spectrum Network Group LLC (SNG) filed a Petition for Orders to Show Cause urging the FCC to investigate the eligibility for 900 MHz B/ILT frequencies of 19 licensees, some of whose licenses were granted at least as far back as the mid-1990s. It also asked the FCC to issue an Order to Show Cause why EWA should not be decertified as a frequency coordination because of its handling of a single 900 MHz B/ILT application that SNG believes (i) is not eligible for the spectrum and (ii) failed to disclose a party in interest connection to an earlier-filed application that EWA had asked be dismissed. EWA responded on July 9 and explained, again, that the FCC has specifically reserved for itself the responsibility for assessing eligibility and ownership issues.  Coordinators have no authority to challenge statements in applications that they might believe are mistaken or false as long as the applications are “facially” complete and in compliance with the rules.