It’s Best to Renew Your License on Time
The Westport, Connecticut Board of Education did not renew their low power FM radio station license until three years past the renewal date and it cost them $7,000. When they finally submitted their renewal application, they did not file a request to renew their Special Temporary Authorization (STA) to allow them to continue to operate pending review of the untimely renewal application. They made the mistake of not renewing the STA since the Commission had not granted the renewal. MORE
Category: Enforcement CornerRight Frequencies in the Wrong Place
The County of Cumberland, New Jersey received a Notice of Violation (NOV) from the Philadelphia, Pennsylvania FCC Enforcement Bureau for operating three of their assigned frequencies at an unauthorized location. On two separate occasions the Commission inspected the equipment belonging to the County of Cumberland and determined that they were in violation of FCC Rule 1.903(a).
Category: Enforcement CornerFCC Auction 87 Rescheduled for June 15, 2010
The auction of 9,603 licenses for lower and upper paging bands licenses will now be held on June 15, 2010, rather than May 25, 2010. Upfront payments will be due by 6:00 PM (EDT) on Friday April 30, 2010, and a mock auction will be held on Friday June 11, 2010. The Commission has completed the review of the 87 short-form applications and has classified them into two categories, complete and incomplete with 34 completed and 55 incomplete. View the complete and incomplete applications and instructions for both categories at this link: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A3.pdf
Category: In the newsMore Sprint Vacated Spectrum May Soon Be Available
In a recent FCC Order, it was announced that Sprint Nextel must vacate its "Interleaved Band Spectrum" (809-815/854-860 MHz) in 25 non-border NPSPAC regions by March 31, 2010, as previously ordered. This will provide an immediate source of available spectrum to public safety in those regions. The FCC will issue a Public Notice announcing a license filing window and application procedures for these channels, as it has on two previous occasions. In 21 other NPSPAC regions, Sprint will have an additional year to vacate the Interleaved Band. To review this Order, please click here.
Category: In the newsNarrowbanding Compliance Update
The FCC amended its rules "to provide an exemption from the frequency coordination requirement for modification applications that only reduce authorized bandwidth while remaining on the original center frequencies, and do not seek any other changes in technical parameters." This change will become effective May 14, 2010. Please click here to review the FCC's recent Order.
Category: In the news
Broadband Action Agenda Has Four Key Goals
The FCC delivered a lengthy Nationwide Broadband Plan agenda that is expected to trigger the initiation of dozens of rulemaking proceedings and identified four key goals:
- Promote world-leading mobile broadband infrastructure and innovation;
- Accelerate universal broadband access and adoption, and advance national purposes such as education and health care;
- Foster competition and maximize consumer befits across the broadband ecosystem;
- Advance robust and secure public safety communications networks.
The Full Plan and Agenda is at http://www.broadband.gov/
Category: In the newsNew Deadlines for 800 MHz Rebanding
July 2 is the new start of mediation for incumbents who filed waiver extension requests for all Wave 4 licensees in the U.S.-Mexico border region, with a filing freeze on new applications in that same region until August 13. The March 31st FCC 800 MHz rebanding Order and Public Notice also noted that incumbents may need to file further extension requests.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-574A1.pdf
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-573A1.pdf
Low Power Non-Standard Pairing Request
EWA filed Comments in response to a Request from Motorola seeking to permit other than 5 MHz separation between paired base and mobile transmit frequencies for low power 450-470 MHz systems. EWA noted that it appreciates the real world situation that Motorola is attempting to address, but recommended “that the FCC consider how to ensure that any non-standard frequency pairs are assigned only in situations where the intermodulation problems described in the Request dictate that the normal separations would not be useable. In particular, the Alliance is concerned about the potential impact should these ‘one off’ channels be assigned for use in areas other than small, confined geographic locations such as mountaintop sites.” MORE
Category: In the newsAre you kidding me?
Sometimes we know when actions are clearly right and other times our instincts tell us when things are clearly wrong. And then there are those times when only “are you kidding me” is the optimum verdict. Readers are free to add any number of adjectives that might provide just the right amount of emphasis.
We have before us a case in California where several parties were found to have participated in the unlawful transfer of control of certain 800 MHz stations and “lacked candor in their submissions to the Commission.” As a result of being less than truthful with the Commission, the FCC decided way back in 2002 that revocation of these licenses would be the appropriate sanction, but that the parties would be permitted to continue operating the stations until final disposition of all administrative and/or judicial appeals. Exhaustion of all appeals indeed! This matter was reviewed in 2005 all the way to the United States Supreme Court, and the FCC’s revocation decision – and the sanctions it imposed – remained intact throughout.
Now I can’t explain what happened in the intervening 53 months, but this month the FCC finally got around to issuing what it probably thought would be its last decision in this long, drawn-out matter, stating that effective April 23rd, “Petitioners must stop operation of the stations for which its licenses were revoked.” A reasonable person couldn’t be faulted for assuming that this case is now closed. But they would be wrong.
I’m not sure in what sequence these were filed, but on April 21st the petitioners filed a Motion for Stay of the Commission’s April Order; A Petition for Reconsideration of the FCC’s Order; and their fifteenth Motion for Continuation of Operating Authority. And just in case these filing don’t do the trick, the petitioners granted concurrence to another party in Los Angeles to get co-channel authority to use the same spectrum for which their licenses had been revoked and found a frequency advisory committee willing to certify this sleight-of-hand attempt to avoid the intention of the FCC's sanctions. How that coordination committee could have rightfully certified that application is beyond me as it violates a whole host of known coordination protocols, to say nothing of the general obligation to assist the FCC in proper spectrum management. If parties whose names appear on revoked and, in some cases, long-expired licenses can grant co-channel concurrence, why not certify a new FM broadcast station in downtown Manhattan.
The Commission needs to drive a stake through this case, or else it will go on and on and on. There must be some limit to the number of Motions for Continuation of Operating Authority one can file. If fifteen isn’t the limit, what is? If the Supreme Court doesn’t see the merit in reviewing the FCC’s decision, shouldn’t further filings be considered abuse of the Commission’s processes? Isn’t it time for the Commission to ask, “Are you kidding me?”
Category: Message trom the President