Threatening to Shoot Almost Guarantees a Fine!
In a recent Order, Gabriel A. Garcia (Garcia), San Jose, CA was issued monetary forfeiture in the amount of $25,000 for failure to allow inspection of an unlicensed broadcast station operating on various FM band frequencies. Garcia had previously received numerous warnings and a Notice of Apparent Liability by the Commission. FCC field agents had repeatedly attempted to inspect Garcia’s radio station, but were denied access and on the fateful day, were asked by Garcia “Do you want to get shot?” FCC Rules Section 303(n) states that the Commission has the “authority to inspect all radio installations associated with stations required to be licensed by any Act”. Garcia was fined for non-compliance.
Category: Enforcement CornerPublic Safety Waiver Request Denied
As reported above, not all public safety waiver requests to use Industrial/Business spectrum are granted by the FCC. In this instance, the Scott Emergency Communications Center, Scott City, Iowa, requested certain waivers to add an 800 MHz frequency to its system that would short space Interstate Power and Light Company. For a variety of reasons, including that there is currently a freeze on inter-category sharing at 800 MHz, the request for waiver was denied by the FCC. Order
Category: In the newsFCC Hosts Workshop on Spectrum Efficiency
On March 12-13, the FCC held a Public Workshop on “Spectrum Efficiency and Receiver Performance.” It is not clear what the next steps will be, but the Workshop discussions confirmed the complexities of mandating receiver performance standards that have caused other Commissions to investigate and that abandon the effort. Event Summary
Category: In the newsIncreasing Broadband Spectrum
On March 21, the FCC adopted a Notice of Proposed Rulemaking and Notice of Inquiry in which it proposed to add 40 MHz of broadband spectrum by “removing unnecessary barriers to flexible use of spectrum currently assigned to the Mobile Satellite Service (MSS) in the 2 GHz band. The NOI portion of the proceeding seeks comment on potential ways to free up additional spectrum for mobile broadband use.
Category: In the newsFinal Antenna Structure Registration Program
In accordance with the Federal Communications Commission’s obligations under the National Environmental Policy Act (NEPA), the Wireless Telecommunications Bureau (WTB) has completed a Final Programmatic Environmental Assessment (PEA) of the Commission’s Antenna Structure Registration (ASR) program. WTB conducted the PEA in compliance with a decision in American Bird Conservancy v. FCC, in which the courts held that the Commission must perform a programmatic analysis of the impact on migratory birds of registered antenna structures.
OET Approves Second TV White Space Database Provider
The Commission’s Office of Engineering and Technology (OET) announced that it has granted approval for Telcordia Technologies, Inc. to operate as its third “TV bands database system” provider. This database system will support unlicensed radio devices that transmit on unused channels in the spectrum bands used by broadcast television (TV white spaces, or TVWS). OET did not provide authorization to begin providing service to TV bands devices, but did authorize Telcordia to serve one or more localized areas. Public Notice
Category: In the newsEconomic Advisors Added to the Mix
Not long after launching the FCC’s Incentive Auction Task Force, Chairman Genachowski also announced the retention of leading experts in auction theory and implementation to assist the Task Force in its deliberations, specifically representatives from Auctionomics, Power Auctions and MicroTech. According to Genachowski, “Our plan is to ensure that incentive auctions serve as an effective market mechanism to unleash more spectrum for mobile broadband and help address the looming spectrum crunch.” Sounds official, but the objective is simply how to expedite the removal of TV broadcast stations so that the spectrum may be auctioned for broadband purposes. FCC News Release
Category: In the newsFCC Launches Incentive Auction Task Force
To implement the FCC’s new incentive auction authority that was passed by Congress in late February, FCC Chairman Genachowski announced the formation of an Incentive Auction Task Force that will be headed by Ruth Milkman. In his announcement, Genachowski stated that “Incentive auctions are a big idea” and the goal is to “deploy market forces and a market-based mechanism to repurpose (TV) spectrum for flexible use, including mobile broadband.”
Genachowski Statement Adweek
State of Maine Waiver
Although the FCC had already sought and received comments regarding the State of Maine’s waiver request seeking the use of VHF Industrial/Business frequencies that are coordinated exclusively by the Association of American Railroads (AAR), the FCC released a second Public Notice soliciting comment on the State’s waiver request to use other Industrial/Business Pool frequencies in the same statewide system. For the same reasons that EWA supported the State’s waiver request for 160 MHz frequencies coordinated by AAR, in comments filed on March 27, EWA also recommended that the FCC grant Maine’s Waiver Request concerned with the use of the other Industrial/Business applications. EWA Comments
Category: EWA On Your SideEWA Supports Delta Airlines
EWA filed Comments supporting the narrowbanding waiver request filed by Delta Air Lines. Delta has already narrowbanded many of its facilities at its major airport locations, and requested a one-year extension to complete the process at an additional 120 airports.
Category: EWA On Your SidePublic Safety Use of I/B Spectrum
Last week on the USMSS Info Exchange, a member posed the following question, “We are having trouble getting enough VHF Public Safety Frequencies for a county wide MOTOTRBO system we are installing for all of the County Fire Departments. We've been told that it is permissible to license business band frequencies for this purpose. Can anyone confirm that it is OK to do this or that it has been done?” We are not sure whether in this instance the request was the result from the current 10 watt power limit at VHF that has been imposed by the Public Safety Coordination Council, but the answer is “Yes, it can be done, but please read further.”
Any public safety licensee system application that contemplates the use of spectrum primarily allocated for use by Industrial/Business (I/B) eligibles should be the solution of last resort. The process is administratively complicated, time consuming, more expensive and provides no guarantee that there will be a favorable outcome.
At the outset, the application must be in the hands of one of the FCC-certified frequency advisory committees, namely APCO, AASHTO, IMSA/IAFC, FCCA or PSCA (please do not be confused, PSCA is a new collaboration of FCCA and IMSA/IAFC). In other words, the process does not start at an I/B frequency advisory committee with the request to identify and certify I/B frequencies for a public safety eligible. They would have to return the application as they have no authority to certify the public safety application. Only after a determination is made by the public safety coordinator that "there are no (or insufficient) public safety frequencies, may that public safety coordinator then seek the availability of I/B spectrum from a I/B certified frequency advisory committee. If such an application is received by EWA (or any other I/B coordinator), the request must be accompanied by the following minimum documentation:
- A statement with a showing from the public safety coordinator stipulating there are either no or insufficient public safety frequencies available to meet the licensee's system requirements. The stipulation is not limited to the specific proposed band, but must include why any other public safety band is not available for use. In other words, if the system is designed to operate within the 450 MHz band, the document must state why the 150-170 MHz, 700 MHz narrowband and 800 MHz public safety bands cannot be used; and
- The public safety applicant is to provide a signed statement noting that they understand they may be operating within non-public safety bands where frequencies are shared and public safety communications do not have automatic channel priority over current or future I/B incumbents.
On its own initiative, EWA will conduct an independent analysis of the public safety bands to verify that there are no public safety channels available prior to identifying available I/B spectrum, and may engage in further discussions to resolve any differences of opinion. EWA recognizes that this verification process has in the past annoyed certain public safety coordinators, but there are risks associated with simply rubber stamping requests for I/B spectrum. A casual review of the public safety spectrum in the area is justified.
If deemed appropriate, EWA will concur with the use of I/B frequencies and submit channel selections back to the public safety coordinator for processing. The process is not over, however, as all such applications require a request for waiver of the FCC rules as public safety use of I/B channels is not permitted by rule.Often times, these waiver requests are placed on Public Notice for comment before the FCC acts on the application request. Most of these waiver requests are granted, but not all of them.
Category: EWA On Your Side