Enterprise Wireless Insider, Volume 13, Issue 19

EWA Opposes SCE Proposal Seeking CII-Priority Access at 900 MHz

In an ex parte letter filed with the Federal Communications Commission (FCC) last week, the Enterprise Wireless Alliance (EWA) opposed a recent request filed by Southern California Edison (SCE) that would provide critical infrastructure industry (CII) priority with access for one year to 900 MHz broadband licenses. The Alliance objects to the proposal on policy as well as procedural grounds. SCE offered no justification for limiting eligibility to this spectrum, even if only for a one-year period.

While EWA agrees that many utilities and other entities designated as CII have expressed interest in deploying private broadband networks, non-CII entities have expressed similar interest. As stated in the letter , in “EWA’s opinion, it is an accident of legislative drafting, and the engrafting of that statutory definition onto to the FCC’s rules, that tow truck operators are classified as CII while airlines, international delivery services, major manufacturing facilities, mass transit systems and other organizations that also provide critical services to the American public are not.” Until the FCC modifies the current overly restrictive definition of CII, EWA cannot support FCC rules that offer priority access to valuable spectrum only to entities that qualify as CII. The 900 MHz band was made available in 1985 for all Business, Industrial and Transportation (B/ILT) entities, and the anticipated broadband opportunity should not be made available to any subset of B/ILT eligible licensees. 

LMCC Seeks Collaboration Amid FCC Personnel Changes

Scot Stone, the Wireless Telecommunications Bureau (WTB) attorney/point person in recent decades for all Part 90 issues, is retiring effective December 31, 2019. His departure leaves a hole for the Bureau as no one has his institutional/historical understanding of the Part 90 rules, policies, waivers, etc. It is unclear who will take on his responsibilities. In the meantime, the Land Mobile Communications Council (LMCC) had sent a letter to WTB seeking a more collaborative relationship between the industry and the FCC and to discuss licensing issues, such as the number of returns. Previously, WTB responded positively to the idea of such a meeting and seems receptive to scheduling such meetings on a more routine basis. This first meeting may be held in January 2020. The LMCC will use these meetings to educate WTB staff about the Part 90 services, licensing processes and the frequency advisory committee’s role.

T-Band Legislation Pulled at Last Moment

Although Senator Edward Markey (D-MA) gained Commerce Committee support to add the “Don’t Break Up the T-Band” legislation to Senator Wicker’s “5G Spectrum Act of 2019 (S.2881), Senate Majority Leader Mitch McConnell (R-KY) pulled the 5G bill from the consideration of the full Senate. Markey’s legislation would have repealed the mandate to repurpose T-Band spectrum.

EWA anticipates that some version of Markey’s bill will be reintroduced into the Senate (and the House) in early 2020 and notes that 2019 has seen more Congressional action on this issue than at any time since passage of the Middle Class Tax Relief and Job Creation Act was signed into law in 2012.

Spectrum Access by Small and Rural Carriers

The IIoT Coalition had productive meetings recently with FCC Commissioner Michael O’Rielly and with staff of Chairman Pai during which it described private-enterprise use cases that required access to broader bandwidth and more flexible spectrum. It encouraged the FCC to expand eligibility under whatever leasing/partitioning/disaggregation rules are adopted for rural and small carriers in response to the MOBILE NOW Act to also include these entities. It also urged the adoption of build-out requirements for private entities that are more consistent with their operational requirements. The FCC was responsive to arguments about clearing out regulatory underbrush and greater flexibility. The Coalition will schedule meetings with Commissioners and with WTB early next year.

Mid-Band 800 MHz Interstitial Channels

Following a call with the LMCC on this issue, the FCC Public Safety and Homeland Security Bureau (PSHSB) agreed that it was aware of the LMCC position as filed and would confirm that appropriate language is included in the draft Report & Order in the proceeding.    

EWA and TMA Respond to Initium Novum

EWA formally responded to claims by Initium Novum, LLC that the lack of FCC action on IN’s eligibility rests with The Monitoring Association (TMA) and EWA who, according to IN, made “vague accusations without evidence, making it impossible for Initium to respond.” In its response, EWA noted that any delay in FCC’s decision is the result of IN’s failure to demonstrate its eligibility to TMA, to answer questions raised by TMA, and to respond fully to the FCC’s August 13, 2019, Return Notices.

In its reply, TMA repeatedly asserted that IN’s comments are inaccurate and fail to demonstrate that its proposed operations qualified for exclusive licensing under the CSA eligibility requirements. TMA concludes that IN is eligible to apply for the channels “pursuant to the rules adopted in WP Docket No. 16-261.” 

6 GHz

Recently, the utility community has made a full-court press at the FCC on 6 GHz and is optimistic that the FCC Office of Engineering and Technology is not as close to a recommendation on how to protect incumbents from unlicensed devices as has been suggested, as evidenced by recent statements from Commissioners O’Rielly and Carr.

FCC Issues Signal Booster Registration and Consent Reminder

In a Public Notice released December 11, the FCC reminds “building owners and other non-licensee operators of Part 90 Private Land Mobile Radio (PLMR) signal boosters that they may not operate these boosters until they: (a) obtain the express written consent of the licensee(s) whose signals they would re-transmit and (b) register Class B signal boosters” with the FCC at the Part 90 Class B Signal Booster Registration & Discovery site. 

Failure to register risks causing harmful interference to first responders and others, and those that do not register may be subject to enforcement action.

EWA recommends that building owners and operators of these signal boosters read the Public Notice, which contains more information on the registration and consent requirements. 

FCC Seeks to Maintain RF Exposure Limits

The FCC has issued a Resolution of Notice of Inquiry, Second report and Order, and Memorandum Opinion and Order that, among other things, seeks to maintain current radio frequency exposure limits. After reviewing the record, the FCC claims it has found “no appropriate basis for and thus decline to propose amendments to our existing limits at this time.”