Enterprise Wireless Insider, Vol. 9, No. 23

FCC Clarifies 173 MHz Data Telemetry and VRS Rules

On December 11, 2015, the Federal Communications Commission (FCC) issued a Clarification Order regarding the use of six 173 megahertz (MHz) channels that may be used for both data telemetry and vehicular repeater systems (VRS). In its original Report and Order on this matter, the FCC inadvertently neglected to remove technical limitations on these channels that had been obviated by UHF/VHF narrowbanding, such as the limits on the use of Omni-directional antennas, power levels and antenna heights.  Now that the rules are corrected, it is hoped that the FCC will act promptly on the Land Mobile Communications Council (LMCC) “consensus protocol” for VRS applications and issue a Public Notice announcing its acceptance so that applications for VRS systems may be soon filed.  
   

EWA Opposes Havens Extension Request

On November 19, the FCC issued a Public Notice inviting comment on requests from companies controlled by Warren Havens for a five-year extension for 2,132 Part 22 EA licenses in the 35 and 43 GHz bands purchased in Auction 87. EWA filed comments opposing the requests, reminding the FCC that Havens repeatedly has requested extensions of build-out requirements in a variety of bands, claiming to be pursuing an ever-evolving array of technologies that might be used to provide hypothetical services to hypothetical users. The Alliance also noted that, pursuant to state litigation in which Havens is involved, a receiver has been appointed to take assignment of licenses owned or controlled by Mr. Havens, including those at issue in this proceeding.  
   

LMCC Opposes PCIA 800 MHz Expansion/Guard Band Filing

On December 17, the Land Mobile Communications Council (LMCC) filed a letter opposing an effort by PCIA that had suggested the FCC should “eliminate special privileges for incumbent users in this band.” The letter reminded the FCC that the LMCC Petition proposing to allow incumbents a six-month window in which to file for these channels before applications would be accepted from new entrants in an area was consistent with other instances in which the Commission had found it in the public interest to promote the expansion of existing systems prior to the licensing of new systems and was supported by public interest considerations. It is believed that the WTB Mobility Division has drafted an item in response to the LMCC Petition, which is being reviewed by the WTB; the contents of the draft are unknown.   

LMCC Opposes M2M Networks 900 MHz Petition

On December 17, the LMCC, which had not previously filed in this proceeding, advised the FCC that it opposed M2M Network’s Petition to modify FCC rules and allow licensees for 900 MHz business/industrial land transportation (B/ILT) channels to provide commercial service to B/ILT entities without having to establish independent, internal eligibility for the spectrum. It agreed with concerns expressed in comments submitted previously by individual LMCC members such as EWA and UTC that there was no technical requirement to use 900 MHz private land mobile radio (PLMR) spectrum for this application, a position with which the FCC agreed in denying the antecedent waiver request from Spectrum Networks Group. The LMCC specifically noted LMCC’s concern that spectrum granted under such provisions might be warehoused.    

What to do with Non-Compliant Wideband Licenses

Because the Federal Communications Commission (FCC) has not yet responded to the November 4 letter asking for clarification of the intent of FCC Rule Section 90.187(d)(ii)(1)(D), on December 17 the Land Mobile Communications Council (LMCC) filed a second letter advising that, pending the FCC’s clarification, both B/ILT and Public Safety frequency advisory committees (FACs) understand that they have authority not to consider licensees with non-compliant wideband-only emission designators as affected parties for purposes of exclusive use channel analyses, except if they have a waiver to continue operating wideband or satisfy the efficiency equivalency standard. This issue arose because the FACs had received a conflicting interpretation of this provision from the Public Safety and Homeland Security Bureau staff.  

EWA Meets with ASHE/AHA on MBAN Coordination

On December 3, EWA President Mark Crosby met with American Society of Hospital Engineers (ASHE) Senior Executive Director Dale Woodin to discuss ongoing cooperation regarding frequency coordination for Medical Body Area Networks (MBAN) operating in the 2360-2390 megahertz (MHz) band. EWA seeks to engage all stakeholders in MBAN coordination and welcomes the collaboration of ASHE, the American Hospital Association and others in developing shared strategies for success. EWA’s MBAN registration system is targeted to be fully operational within 60 days. 

Attention 800/900 MHz SMR Operators: Hearing Aid Compatibility Rules May Apply

The new Hearing Aid Compatibility (HAC) requirements adopted on November 19 specifically exclude private enterprise and public safety systems. Part 22 and Part 90 carriers below 512 MHz also are exempt.  However, 800/900 MHz digital specialized mobile radio (SMR) systems appear to fall within the definition of entities subject to the HAC requirements. EWA is working with its vendor members to determine what the impact will be on equipment availability and cost.  Depending on that information, the Alliance may request clarification or reconsideration of the decision.

The requirements become effective in 2018. 

FCC Focused on MPE Limits—Check Your Signage!

In a November 24 letter to Senator Richard Blumenthal (D-CT), FCC Chairman Tom Wheeler wrote that “While the Commission is actively considering how its rules can better protect these other classes of workers [such as rooftop maintenance, electricians and painters, from exposure to unsafe levels of radiofrequency (RF) radiation], the Commission’s Enforcement Bureau is instrumental in ensuring compliance with existing rules.” Boy, are they--consider recent fines of $60,000 to T-Mobile and $50,000 to Verizon, issued to ensure that tower owners and other licensees are protecting workers from the hazard of RF radiation from radio frequency (RF) exposure. 

In a letter dated September 17, Senator Blumenthal and Representative Anna G. Eshoo (D-Calif.) urged the FCC to work with the Occupational Safety and Health Administration to enforce exposure limits and ensure that the required precautions are implemented so that workers are aware of the risk of RF radiation and are protected from exposure. The FCC released its latest rules in a March 29, 2013 document that includes a First Report and Order, a Further Notice of Proposed Rule Making (FNPRM) and a Notice of Inquiry. All concern human exposure to RF and the related FCC rules and policies. 

New Antenna Structure Marking and Lighting Requirements

On December 4, the Federal Aviation Administration released a new Advisory Circular (AC), which sets forth standards for marking and lighting obstructions that have been deemed to be a hazard to navigable airspace. Advisory Circular 70/7460-1L amends lighting requirements that apply to towers that must be registered in the Antenna Structure Registration (ASR) System. Each new or altered antenna must conform to the painting and lighting specifications contained in the current AC.

Changes in this AC pertain to the use of flashing obstruction lights on tower structures. The flashing lights have been found to be more effective in warning birds, thereby reducing avian deaths.