Enterprise Wireless Insider, Vol. 11, No. 1

EWA Now Accepting Applications for 800 MHz Sprint-Vacated Channels

The Enterprise Wireless Alliance (EWA) is now accepting applications for the licensing of Sprint-vacated channels in the interleaved portion of the 800 MHz band (809-815/854-860 MHz), a result of the completion of 800 MHz band reconfiguration in twenty-one (21) National Public Safety Planning Advisory Committee (NPSPAC) regions. In a Public Notice (PN) released in December (DA 16-1362), the Federal Communications Commission (FCC) announced that these channels will become available for licensing exclusively by public safety entities for three years following the opening of an FCC filing window, and for public safety and critical infrastructure industry applicants for two additional years afterwards. Among other regions, Sprint-vacated channels will become available in the New York City metropolitan area, Maryland/DC/Northern Virginia, Michigan, Illinois, Eastern Pennsylvania, Western Pennsylvania, New England, North Carolina, Illinois, and Tennessee. 

EWA will accept applications effective immediately, and in accordance with the FCC’s PN, pre-coordination among Sprint-vacated certified frequency advisory committees will commence on January 19, 2017. Subsequently, following the pre-coordination process, applications may be submitted to the FCC on February 23, 2017. 
 

FCC Eliminates Annual CPNI Certification Requirement

In a recent rulemaking proceeding regarding broadband services, the Federal Communications Commission (FCC) adopted the following decision that affects the Customer Proprietary Network Information (CPNI) annual certification requirements, which apply to telecommunications carriers and interconnected VoIP providers: 

We eliminate the specific compliance recordkeeping and annual certification requirements in Section 64.2009 [CPNI] for voice providers. Eliminating these requirements reduces burdens for all carriers, and particularly small carriers, which often may not need to record approval if they do not use or share customer PI for purposes other than the provision of service. We find that carriers are likely to keep records necessary to allow for any necessary enforcement without the need for specific requirements, and that notifications of data breaches to customers and to enforcement agencies (including the Commission) will ensure compliance with the rules and a workable level of transparency for customers.

The new rule became effective on January 3, 2017, and the FCC has interpreted that timing to eliminate the need for the 2016 certification that would have been due by March 1.

EWA Affirms 800 MHz Incumbent Preference Position

In Reply Comments filed December 22, 2016, EWA endorsed the FCC effort to promote expanded access to Private Land Mobile Radio (PLMR) spectrum and urged the FCC to adopt the Land Mobile Communications Council (LMCC) recommendations regarding priority access to the 800 MHz Expansion Band (EB) and Guard Band (GB) spectrum. These Comments were filed in response to WP Docket No. 16-261. 

Others filing Reply Comments to the NPRM included UTC, NYCOMCO, MRA and Motorola Solutions, which all supported a priority access period for all available channels and a lifting of the inter-category freeze during that period. UTC expressed concern about speculation and noted that the prospective SMR applicants arguing against priority access all are related to M2M. AASHTO supported priority access but opposed lifting the freeze, fearing that it would limit PS opportunities to acquire channels. As expected, WIA (formerly PCIA) opposed any preference as did M2M. Both argued that the FCC should not “pick winners and losers” and both ignored concerns about speculation. 

Confronting 800 MHz Speculation

EWA also used the opportunity in its Replies to respond to comments filed by M2M Spectrum Networks, LLC (M2M) which opposes incumbent licensee priority access claiming that the best use of the band would be the Internet of Things (IoT). EWA questioned the dubious claims of several entities with apparent ties to M2M who submitted individual letters also opposing any incumbent priority access. How many of these entities purchased costly EB/GB application packages from companies affiliated with M2M, whether SNG Networks Group, LLC (SNG) or Smartcomm, LLC, or others, is unknown, EWA stated, but EWA suggested that the FCC seek answers to certain questions about M2M’s purported activities in the 800 MHz band. Specifically, M2M stated that it is operating its own network, using 800 MHz and other frequencies. What frequencies are being used under what call signs and how are these multiple bands integrated? Why does M2M need 800 MHz spectrum that is designated for base/mobile, primary voice operation for what appears to be its proposed non-voice, primarily fixed IoT applications? Several of the affiliated M2M entities claimed that they are using M2M’s network. What 800 MHz equipment are M2M’s customers using as EWA has not been able to locate any FCC-certified 800 MHz IoT equipment.

EWA/LMCC Respond to Other Spectrum Issues

Regarding UHF Guard Band channels, virtually all parties filing comments in this proceeding agreed that with proper frequency coordination, several specific guard band channels should be added to the I/B frequency table to maximize the use of scarce spectrum. The LMCC and EWA both endorsed the Central Station Alarm Association proposal that would allow greater access to certain central station alarms channels in the UHF band.

Commenting parties confirmed support for making conditional licensing available for all narrowband T-Band, 700 MHz, 800 MHz, and 900 MHz applicants. And finally, the LMCC repeated its support for codifying already granted waiver relief that permits railroad licensees the use of single-channel Class A signal boosters with 30 watts effective radiated power on 452/457.90625 MHz to 452/457.9625 MHz.     

Fishel Retires, Regiec Returns to Wireless Telecommunications Bureau

Terry Fishel has retired from the FCC Wireless Telecommunications Bureau (WTB) after decades of outstanding service to the Private Land Mobile Radio industry. “Consistent, fair, responsible and a true professional who made all of us better at what we strive to achieve on behalf of our customers and licensees”, stated Mark Crosby, adding, “Terry has earned his retirement.”

After a stint with the Public Safety and Homeland Security Bureau, Michael Regiec, with many years of service to the private land mobile industry as well, was selected as Mr. Fishel’s replacement as Associate Division Chief, Mobility Division of the WTB. EWA looks forward to working with Mr. Regiec in the years ahead.

Transition Will Mean Further Delays on Pending Items

While there’s much speculation regarding what the new Trump administration will mean for FCC policy, one thing is clear – the list of items awaiting action will get longer. The FCC, like all agencies, has been directed not to send any new rules for publication in the Federal Register and to pull back any that had been sent but not yet published. The new administration wants to review whether any such regulations should become effective.   

Recent Enforcement Actions

• $100,000,000 – Straight Path Communication’s fine for failure to comply with FCC buildout and discontinuance rules. Straight Path will also be required to return to the Commission 196 of its licenses in the 39 GHz spectrum band, sell the remainder of its license portfolio, and remit 20 percent of the proceeds of that sale to the U.S. Treasury as an additional civil penalty.
• $30,000,000 – Total Call Mobile fine to resolve fraud investigations by the FCC Enforcement Bureau and the United States Attorney’s Office for the Southern District of New York. Total Call admits that its sales agents enrolled duplicate and ineligible subscribers into the Lifeline program and that it received funds from the Universal Service Fund for tens of thousands of consumers that did not meet Lifeline eligibility requirements. In addition to the fine, Total Call is banned from Lifeline service.
• $60,000 – Precision Castparts Corporation, a subsidiary of Berkshire Hathaway, fine for operating Private Land Mobile Radio Service stations after the licenses expired and for failing to obtain prior FCC approval when Berkshire acquired control of the company.  
• $28,800 – Essex Telcom, Inc. fine for operating a station on 3550-3650 MHz channels under an authorization for 3650-3700 MHz.
• $25,000 – Pentecostal Temple Development Corporation, licensee of AM Station WGBN and owner of towers registered under Antenna Structure Registrations, fine for failing to light and repaint the Antenna Structures as often as necessary to maintain good visibility, and for failing to notify the FAA of a lighting outage.”  

FCC Approves SAS Administrators for 3.5 GHz

The Wireless Telecommunications Bureau and the Office of Engineering and Technology have approved seven entities as Spectrum Access System (SAS) Administrators in the 3550-3700 MHz Band (3.5 GHz Band). SAS Administrators will coordinate three tiers of users in the 3.5 GHz Band, making the band available for commercial use on a shared basis with existing federal and non-federal incumbents. 

Tom Wheeler Resigns Effective January 20, Obama Reappoints Rosenworcel

FCC Chairman Tom Wheeler has announced that he will depart the FCC on January 20, 2017. In related news, President Obama reappointed FCC Commissioner Jessica Rosenworcel to another term, however, Congress must confirm this appointment.

FCC Adjusts Civil Monetary Penalties to Reflect Inflation

Through an Order released December 30, 2016, the FCC announced that it has amended its rules to adjust the forfeiture penalties to reflect inflation, as required by the 2015 Inflation Adjustment Act. The increase is just over one percent. The new penalty levels will apply to penalties assessed after the effective date of the increase, which is when the Order is published in the Federal Register. 

Order Supports FirstNet Relocation for Virginia

In an Order released December 30, 2016, the FCC has authorized the Commonwealth of Virginia to relocate existing 700 MHz narrowband operations to state-licensed channels and has granted conditional waiver of the requirement to coordinate the Commonwealth’s operations on those channels with the Commonwealth of Kentucky. This Order supports an August 2016 Report and Order and Notice of Proposed Rulemaking that announced a process for relocating public safety narrowband incumbents, including Virginia, from FirstNet spectrum.

FCC Denies Waiver of dB Limit on Amateur Amplifiers

The FCC has denied a request for waiver of the 15 dB gain limitation on amateur amplifiers as stated in Section 97.317(a)(2) of the FCC rules. Expert Linears America, LLC sought the waiver to permit the use of its Model 1.3K FA amplifier in amateur radio.

Kongsberg Files Waiver to Permit Maritime Broadband Radio Over 5 GHz

Kongsberg Files Waiver to Permit Maritime Broadband Radio Over 5 GHz

Kongsberg Seatex AS filed a waiver to permit certification and use of a maritime broadband radio, a real-time, phased array digital radio that operated in the 5 GHz band and offers high-speed data transfer between vessels and structures at sea. Specifically, in either the 5460-5660 MHz band or the 5850-5925 MHz band.  The service would offer up to 15 Mbps IP connectivity between multiple stations at ranges more than 50 kilometers.  The FCC seeks comment on the waiver request.  Comments are due January 20, 2017 and Reply Comments due February 3, 2017.

PTC-220 Proposes Spectrum Swap for Positive Train Control

The FCC adopted a Proposed Order of Modification to modify a 218-219 MHz license assigned to PTC-220, LLC to facilitate Positive Train Control (PTC) implementation by New Jersey Transit (NJ Transit), the Southeastern Pennsylvania Transportation Authority (SEPTA) and certain freight railroads. PTC-220 is an alliance between the seven Class 1 railroads with the aim of securing spectrum to support interoperable PTC. The station KIVD0007 includes 500 kilohertz of spectrum (218.000 to 218.500 MHz) in eight counties where NJ Transit and SEPTA must deploy PTC. However, they must also deploy PTC in eight additional counties bordering the current license area. PTC-220 has requested that the FCC modify Station KIVD0007 by authorizing the use of 250 kilohertz of spectrum from the Commission’s 218-219 MHz band inventory in the eight additional counties and that the FCC modify the Station to return 250 kilohertz from each of the eight counties currently comprising the license area.

Wilson Electronics Seeks Elimination of Booster “Personal-Use” Restriction

Wilson Electronics has filed a Petition for Further Rulemaking asking the FCC to propose the elimination of the “personal-use” restriction on wideband consumer signal boosters. The Petition notes that the restriction was adopted without notice and comment and has caused much confusion about what types of uses are permitted when wideband consumer boosters are installed in other than residences. Wilson Electronics manufactures consumer signal boosters.