T-Band Waivers Denied
The FCC recently denied two requests for waivers for new T-Band stations. Both applicants had requested waivers of TV station protection criteria, but seemingly because the FCC was relying on outdated information regarding the locations of the TV stations entitled to protection. One waiver request had been filed in late 2011 and the other in early 2012. Conveniently, both were dismissed almost a full year later based on their failure to comply with the T-Band freeze and without consideration of the waiver arguments on their merits.
FCC Order DA 12-2058
FCC Order DA 12-2059
EWA Coordinating Vacated Spectrum Requests
In accordance with FCC Public Notice DA 12-1839 for the assignment of spectrum recently vacated by Sprint Nextel, EWA has been processing requests and will be filing certified applications on January 17. EWA reported in December that FCC-certified frequency coordinators may file applications on this date on behalf of public safety applicants for channels in the 809.5-815/854.5-860 MHz band, which were relinquished by Sprint Nextel in twenty-one (21) non-border NPSPAC regions. Consistent with FCC policies for previously released Sprint Nextel-vacated channels, EWA and other participating frequency advisory committees since December 11 have conducted their "pre-coordination" notification process to resolve any potential conflicts.
EWA Provides Narrowbanding Application List
EWA notified the FCC on January 3 that more than 1500 applications for narrowbanding had been received late December 2012 and would be processed expeditiously for certification to the FCC. The official notification complied with a Land Mobile Communications Council requested process approved by both the Wireless Telecommunications and Public Safety & Homeland Security Bureaus December 7, 2012. The process, according to the FCC, would recognize “licensees that have completed narrowbanding, or will complete narrowbanding by the January 1, 2013, deadline, but have not yet had their applications coordinated and will not have had their applications coordinated and submitted to the Commission by the deadline” and therefore being in compliance of the deadline. The process supports narrowbanding objectives and reasonably accommodates licensees that, although perhaps late with their application submittals, presumptively have narrowbanding-compliant equipment in place.
As of January 14, the FCC reports that 79.5% of the call signs required to be narrowbanded have completed the official process, as tracked by the Public Safety Technical Assistance Tools website.
Commission Upholds $20,000 Enforcement Ruling for Untimely CPNI Filing
Long distance carrier USA Telport, Inc. (USAT) was issued a Notice of Apparent Liability and Forfeiture for $20,000 for failing to submit CPNI Certification for calendar year 2007 in a timely manner. Per FCC regulations, carriers and interconnected Voice over Internet Protocol (VoiP) service providers are required to file annually on or before March 1, certifying that they have “established operating procedures sufficient to ensure compliance with the Commission’s CPNI rules.” Up until 2011 USAT was still submitting arguments responding to the FCC’s forfeiture notice. The Commission rejected USAT’s pleas, citing that no new facts were given and that it was undisputed that USAT failed to file a CPNI compliance certificate for 2007 calendar year in a timely manner. As such, the $20,000 fine is upheld.
Order Review
American Time & Signal
EWA is still awaiting a response from the FCC to our December 18 letter requesting clarification about how the American Time & Signal (ATS) system is to be treated for frequency coordination purposes, what monitoring obligations it has, and whether FCC approval of ATS as the licensee is a policy that would be extended to other entities .
Category: In the newsFCC Commissioner Appointment
Commissioner Mignon Clyburn was confirmed by the Senate for her second term. The major question now is when will Chairman Genachowski leave and who will replace him. There are plenty of rumors, as is the case with a Washington DC political appointment, but nothing official as of yet. If the Chairman were to leave before a replacement was confirmed, there could be at least a minor tussle among Democrats to decide whether Clyburn or the more recently appointed Jessica Rosenworcel would be acting Chairperson since each has strong support from certain high-ranking members of Congress.
Category: In the newsMore Narrowbanding Waivers
Not surprisingly, a substantial number of narrowbanding waiver requests were filed in December 2012, primarily by public safety entities. It is reported that some waiver requests by the FCC are still pending, including ones filed earlier in 2012. The FCC’s Public Safety & Homeland Security Bureau did grant extensions to the Cities of New York, Philadelphia, and Chicago on December 26. New York and Philadelphia were granted somewhat less time than they had requested, while Chicago got their requested two-year extension. In a review other waiver grants, the Wireless Telecommunications Bureau has been granting less than the full amount of time requested on a case-by-case basis.
Category: In the newsThe End of Rebanding in Sight
In its January monthly report to the FCC, Sprint Nextel advised the Commission that 99.83% of 1-120 rebanding was complete and that nationally, with the exception of the Mexican Border region, 99% of NPSPAC incumbents had signed Frequency Reconfiguration Agreements. It looks like the end of rebanding at last is beginning to come into view. Nonetheless, on December 21, on the recommendation of the Transition Administrator, the FCC again extended the financial reconciliation deadline, this time until July 1, 2013.
Category: In the newsAnd Another T-Band Waiver Denial
The FCC in December 2012 denied a waiver request from Offshore Marine Towing for a new 470 –512 MHz (T-Band) private land mobile radio (PLMR) station in Miami, Florida. Offshore requested the waiver because it proposed to operate a mobile relay station in the vicinity of protected co-channel television station WSEC-TV. However, because of the FCC’s suspension of certain T-band applications, due to the Middle Class Tax Relief and Job Creation Act, it denied Offshore’s request. “In light of the Spectrum Act and in accordance with the suspension notice, we find that Offshore’s application would, if granted, increase the degree to which the T-band is currently licensed because the application is for new repeaters that would expand Offshore’s authorized interference contour,” the order reads. FCC Order
Category: In the news