Good Luck Collecting
In a Forfeiture Order, the FCC imposed a monetary fine in the amount of $1,607,500 against Mexico Marketing, LLC for willful and repeated violations of Section 227 of the Communications Act of 1934, by delivering 290 unsolicited advertisements (“junk faxes”) to the fax machines of 89 consumers. The FCC had issued four separate Notices of Apparent Liability for Forfeiture (NALs) and has yet to receive a response.
Category: Enforcement CornerAnd My Counting Cards Was Inadvertent
After an April 10, 2010, inspection, the Commission noted in correspondence to Harrah’s Atlantic City (Harrah’s), that they were operating on an unlicensed frequency for which the license had expired in December 2000. Harrah responded that the violation should be excused because it was inadvertent, the operation did not cause any harmful interference, and they took corrective action after they were notified of the violation.
In its Notice of Apparent Liability for Forfeiture, the Commission issued a monetary forfeiture in the amount of $15,000 for the unlawful operation of the license over a period of 10 years noting Harrah’s explanations could not be excused.
Lights Out Results in Forfeiture
In a Notice of Apparent Liability for Forfeiture, Andrews Tower Rental, Inc., Oplin, Texas was fined $10,000 for not having red obstruction lighting operational on their tower after sunset as required. Per the Commission’s rules, all red obstruction lighting is “to be exhibited from sunset to sunrise unless otherwise specified,” and any tower over 200 feet in height “is required to be painted and lit”.
Category: Enforcement CornerMove Over Satellites
In a recent Report and Order, the FCC has facilitated processes designed to make unused mobile satellite spectrum (MSS) perhaps available for new investments in broadband networks. The FCC originally said that they were going to target 90 MHz of MSS spectrum, and they are now fulfilling that promise. In this proceeding, the FCC removed regulatory barriers to terrestrial use of MSS spectrum and will now permit secondary market transactions to facilitate broadband use of the 2 GHz, Big LEO and L-Band spectrum. It is uncertain at the moment whether MSS incumbents see the benefit of leasing or selling pieces of their spectrum and geographic coverage for broadband terrestrial uses
Category:Issues with your Broadband Provider?
The FCC has issued a Public Notice asking citizens and businesses what they want from their broadband provider. Comments are due May 26, 2011, and Reply Comments on June 16, 2011. FCC News
Category:Broadband Network Reliability
In a Notice of Inquiry released April 7, the FCC seeks a review of the reliability, resiliency and continuity of communications networks, including broadband, during emergencies, and what standards need to be established for broadband network reliability to ensure adequate levels of service to meet public safety and critical infrastructure needs. The Commission also wants to determine what actions they should take to support improved performance with respect to continued operations and reliability, and what legal authority could be provided as the basis of the Commission actions. FCC News
Category:PSHSB Reorganized
The Emergency Response Interoperability Center (ERIC), established when the FCC National Broadband Plan was delivered to Congress in 2010, is now a division-level office reporting directly to the Deputy Bureau Chief of the PSHSB. ERIC is responsible for the development, recommendation and administration of policy goals, objectives, rules, programs and plans that relate to the 700 MHz public safety broadband wireless network. The Policy Division will now be the Policy and Licensing Division, Communications Systems Analysis will now be known as the Cybersecurity and Communications Reliability Division, and the Communications Outreach and Operations Division is now the Operations and Emergency Management Division. FCC Order
Category: In the newsIntrinsically Safe Standard Being Reviewed
On April 7, the Telecommunications Industry Association’s “Land Mobile Radio (LMR) Intrinsic Safety (IS) Consideration Committee,” convened and prepared an initial draft standard called “TR-8.21_11_0004, TIA 4950, Intrinsic Safety Requirements for Battery-Powered, Portable Land Mobile Radio Applications.” EWA and other industry organizations will have the opportunity to review the proposal and submit comments by May 13, 2011. In a parallel effort, the Instrument Society of America (ISA) has created an “intrinsically safe proposal” that would create a “National Deviation Proposal” for LMR equipment, a document that has been distributed for approval to their membership.
Category: In the news800 MHz Rebanding Border News
In a Public Notice issued by the FCC on April 8, 2011, all Canadian Border 800 MHz licensees, except those whose FRAs are being held by the TA pending resolution of frequency conflicts with Canadian stations, must file their waiver requests by May 31, 2011.
Due to the ongoing discussions with Mexico, the FCC has extended the negotiation period for Wave 4 NPSPAC (Stage 2) and non-NPSPAC (Stage 1) licensees in the U.S.-Mexico border region to July 1, 2011. New applications in the U.S.-Mexico border region are on a filing freeze until thirty working days after the July 1, date. The freeze applies to the NPSPAC regions listed in the appendix of the Public Notice released on March 31, 2011, as well as locations within seventy miles of the border of these regions.
Use of Signal Boosters Receive FCC Support
The FCC has adopted a Notice of Proposed Rulemaking (NPRM) which would allow businesses and commercial entities to operate signal boosters provided the devices comply with RF exposure rules, and are deployed in a manner so as to prevent interference. The FCC stated that this “new framework is one in a set of Commission initiatives designed to promote deployment of mobile voice and broadband coverage across America,” adding that “signal boosters can benefit consumers by improving wireless coverage in office buildings where they work, in health care facilities, where health care providers need reliable communications, and on educational campuses were students want access to cutting edge wireless offerings.”
Category: In the newsDoD and DoT Weigh In on GPS Risks
Two major Federal agencies weighed in on the processes the FCC has instituted that may eventually result in LightSquared providing a terrestrial broadband service on mobile satellite spectrum. In a joint letter to FCC Chairman Genachowski, the Deputy Secretary of Transportation and the Deputy Secretary of Defense expressed their concerns about LightSquared’s technical working group, stating specifically that they “were not sufficiently included in the development of the LightSquared initial work plan.” This is, in their view, especially critical given that “active engagement with DoD and DoT, the national stewards and global providers of the Global Positioning Satellite (GPS) service, is essential to protect this ubiquitous defense, transportation and economic utility.” While the FCC has taken somewhat of a hands off approach to the activities of LightSquared’s Working Group, designed to determine how and to what extent terrestrial broadband services may be provided without causing harmful interference to adjacent band GPS services, it seems that other Federal agencies will be playing a more active role.
Category: In the news700 MHz Public Safety Spectrum Eligibility
On April 11th, EWA filed Comments in PS Docket No. 06-229, both in response to the FCC’s 4th FNPRM and in response to a request for Declaratory Ruling filed by the City of Charlotte, on the subject of which public safety entities are eligible to use 700 MHz public safety broadband spectrum. EWA recommended that the FCC adopt rules that allow public safety licensees and lessees of 700 MHz broadband spectrum to “determine which entities should be permitted to share the spectrum in furtherance of the legislative directive that it be used to protect the safety of life, health and property.” EWA noted further that it is “reasonable to assume that Congress did not intend to so restrict public safety as to deprive it of the ability to share the spectrum as necessary and appropriate” and further, “use of the network should extend not only to all governmental use, but also to shared use with utilities and other CI entities whose assistance can be critical during emergency situations.”
Category: EWA On Your Side