Enterprise Wireless Insider, Vol. 10, No. 8

“Lions and Tigers and Bears, Oh My”—from Crosby’s Blog

I try to avoid responding in a serious manner to those who want you to believe that they can barely control their emotions over the potential injustices that would be perpetrated against unknowing licensees if they were not there to issue a call to arms and personally defend the masses. In this case a response is necessary in order to respond to the incredible number of inaccuracies in what appears to be a widespread solicitation to provide representational services to supposedly unsuspecting 900 MHz incumbents.

The solicitation was sent to 900 MHz incumbent licensees by a DC-based attorney. The subject matter is the joint EWA/Pacific DataVision Petition for Rulemaking that proposes a realignment of the band to create a 3/3 MHz priority based broadband capability for critical infrastructure and business enterprise uses that has been discussed at many EWA and other industry meetings. EWA did not say that the transition would be…. Read more at Crosby’s Blog.

Enforcement Bureau’s Top Ten List

This is the second installment of the Enforcement Bureau’s Investigations and Hearings Division “Top 10” issues that cause interference problems within the shared Part 90 bands.

#8 – Invalid Licensed Entities … licenses are issued for ten years, and over that time span, acquisitions, mergers and name changes are common. Primary points of contact and mailing addresses change often as well. Licensees are obligated to ensure that licenses reflect proper business names and that administrative information is accurate. 

#7 – Unlicensed Operations … an absolute killer to spectrum management objectives, licensees who fail to renew their authorizations or entities that purchase wireless equipment off the internet or from magazine advertisements that do not pursue valid FCC licenses corrupt the airwaves and cause untold interference havoc.  “I didn’t know that I needed a license from the FCC” is never an excuse.

Washington State Application Freeze Lifted

EWA has learned from the Federal Communications Commission (FCC) that the application freeze for 800 MHz channels in NPSPAC Region 43 (Washington State and surrounding area) expired on April 18, 2016, and has not been extended. The FCC will now begin accepting applications for 800 MHz spectrum in this region.  However, pending resolution of a Petition for Rulemaking filed by the Land Mobile Communications Council, the Expansion Band and Guard Band (EB/GB) Channels will not be released at this time.

EWA will now accept applications for Region 43.   Please contact EWA Spectrum Advisor Andy Burkholder at 703-797-5110 for assistance.

Saia and Tomba Elected to EWA Board

During last week’s 2016 Spring Board of Directors Meeting that convened in Savannah, Georgia,  Michael Saia, Saia Communications, Buffalo, New York; and, Tommy Tomba, Tomba Communications, New Orleans, Louisiana were elected as new members of the EWA Board. Mike Miller, RACOM, Marshalltown, Iowa; and, Kenny Adams, Delta Airlines, Atlanta, Georgia, also attended their first Board meeting having been elected but unable to attend last year’s Annual Meeting.

800 MHz TETRA Order

On April 25, the FCC issued a Report and Order which stated that digital systems operating on 800 MHz NPSPAC channels must meet the emission mask H, not emission mask B, and that all public safety radios (mobiles and portables) operating on 800 MHz, VHF, and UHF bands must use a common analog FM modulation on mutual aid and interoperability channels. Low power TETRA technology systems will not be available for deployment until it is recertified at the FCC to comply with emission mask H requirements.

EWA Supports Tennessee Waiver… Maybe

On May 2, prior to the deadline, EWA filed comments in response to the State’s request for a waiver to use an 800 MHz B/ILT channel for simplex car to car communications and tactical field operations in connection with temporary fixed-base stations. The justification for waiver relief was the fact that the State was unable to find an 800 MHz PS channel that was not licensed anywhere in the state, while this B/ILT channel was entirely unassigned in TN.  EWA questioned whether the State was expecting primary exclusive use of the channel for this type of itinerant operation.  The waiver, the application itself, and the FCC’s PN did not address this point, and the PN failed to note that UTC’s concurrence was premised on the State’s secondary use of the channel.  The Alliance noted that it did not support statewide exclusivity and that if secondary use was requested, the State should consider several Public Safety channels on which only one or two sites were licensed anywhere in the state.

Fun Times at M2M

EWA recently advised M2M Spectrum Networks (M2M) and the FCC that the Alliance is processing applications in accordance with the FCC’s directives regarding facially compliant filings and that it does not intend to engage in further debates with M2M or its affiliated entities regarding whether those FCC policies should be modified.  If the FCC chooses to pursue this issue, EWA will participate in that process.

On May 19, over M2M’s opposition, the FCC affirmed its decision to allow some 800 MHz SMR licensees several additional months to place their stations back in operation after M2M took them off the air and notified the FCC that it had done so.  The licensees explained they had been solicited to file their SMR application by Smartcomm “to create a commercially viable and attractive block of spectrum throughout various regions of the nation.” Smartcomm was supposed to build and operate the systems, but after the licenses were granted it referred the licensees to M2M.  They claimed they signed contracts with M2M that they considered unfavorable so that they could meet their construction deadlines and then failed to get satisfactory information about their operational status.  The parties also are in litigation in state court.  The stations at issue in this matter are located in Bismarck, North Dakota; Grand Forks, Minnesota, Grand Island, Nebraska; and, La Crosse, Wisconsin.

Returns Continue for Auction 87 Build-out Notifications

In April, the Federal Communications Commission (FCC) began returning hundreds of Auction 87 build-out notifications with generic letters that did not identify the deficiency of the filing. Instead, the generic letters listed all of the information the FCC says is needed to satisfy their requirements, including the showing that the applicant is providing substantial service.  Since that showing is subjective, it is not possible to know whether the showing provided was inadequate or acceptable and whether amending the application to add specific factual data would resolve the matter. 

The FCC advises that the substantial service showings even of those that have been “unreturned” still will receive a second level of review before disposition.  So far, 300 applications have been “accepted,” a status equivalent to being granted. However, more than 1,500 remain in pending or returned status.

Now We Know – VRS “Transmitter-Receivers”

During the LMCC meeting in April, the FCC received several questions related to vehicular repeater systems (VRS), including one regarding the definition of “transmitter-receivers” in Rule Section 90.20(d)(3), which states that 50 of these units must be in use before another 173 MHz channel would become available for VRS operations. In response, the FCC stated that “a licensee must have 50 mobile repeater units in service before it can apply for an additional mobile repeater unit frequency. Both mobile repeater units and vehicular repeater units are licensed under the station class MO3.  Mobile units (station classes MO or MO8) are not counted toward the VRS loading.” 

Of Course – Blame the New IT System

EWA has learned from the FCC that the transition by Innovation, Science and Economic Development Canada (ISEDC, formerly known as Industry Canada) to a new automated processing system may be affecting response time to pending concurrence requests. Prior to the transition to the new system, ISEDC’s response time was reported to be no more than 60-90 days, although that has not been EWA’s experience.  For the moment, and until the transition is complete, it is uncertain how long responses to requests for concurrence may take. EWA will continue to monitor and inform its members of any further progress reports.

Potential Progress on a Few Regulatory Matters

On April 11, an item was placed on circulation to be voted on by the Commissioners with the following description:  “Amendment of Part 90 of the Commission's Rules to Improve Access to Private Land Mobile Radio Spectrum, Notice of Proposed Rulemaking.”  EWA believes this is a Notice of Proposed Rulemaking (NPRM) that will address several matters that have been pending for some time including:

• The Land Mobile Communications Council (LMCC) Petition for incumbent access to 800 MHz EB/GB channels; 
• The allocation to Part 90 of unassigned UHF “guard band” spectrum above and below the Part 90 allocation; and The LMCC Petition for conditional licensing above 450 MHz.

800 MHz TA Certifies Additional Regions Complete

On May 11, the 800 MHz Transition Administrator (TA) certified the completion of 800 MHz band reconfiguration in two additional NPSPAC regions, Region 18 (Louisiana) and Region 23 (Mississippi). At a later date to be announced, the FCC will issue a Public Notice to release the additional 800 MHz Sprint “vacated” spectrum in these regions for licensing exclusively to public safety entities for the first three years and to public safety and critical infrastructure industry (CII) entities for the following two-years.  After five years, any remaining Sprint “vacated” channels will revert to their original frequency allocations and be available to any eligible licensee.

Enforcement Advisory on Maritime Mobile Service Identity Numbers

The FCC has released an Enforcement Advisory that answers questions about Maritime Mobile Service Identity (MMSI) numbers, how they are used and other information that can keep users of certain types of vessels in compliance with FCC Regulations. The MMSI is a unique nine-digit number assigned to ships with certain kinds of radio equipment. Most vessel owners are required to have ship radios on their vessels.  Many of these radios are capable of sending automated messages to the U.S. Coast Guard and other authorities. The MMSI number helps to identify the location of the ship for search and rescue authorities, including the Coast Guard. The Advisory provides a thorough overview of who needs an MMSI, how to obtain one and how to use it properly.