Enterprise Wireless Insider, Vol. 11, Issue 11

Spectrum Stewardship Required

In an ex parte letter, the Enterprise Wireless Alliance (EWA) affirmed its support of rules on license renewal and discontinuance of operations protocols proposed in a draft Federal Communications Commission (FCC) Second Report and Order (Order). EWA urged the Commission to reconsider its decision to exempt Public Safety entities from the obligations referenced in the Order. Should the Commission proceed to exempt public safety licensees from certifying the accuracy of their operations at time of license renewal and from the obligation to notify the FCC when any portion of their licensed service is permanently discontinued, EWA asked how it would be possible to rely on the validity of the FCC’s Universal License Service database regarding actual public safety spectrum use. 

If the FCC proceeds as planned, EWA urged the Commission to reject, as insufficiently supported, all future public safety waiver requests that seek use of Industrial/Business (I/B) channels. “Public safety requests to access Industrial/Business are pursued, in part, on assertions that there is no public safety allocated spectrum available for a public safety applicant. Without public safety’s participation as a spectrum steward, assertions that there is no available public safety spectrum are essentially baseless,” stated EWA President Mark Crosby.

What to Expect in the New License Renewal Rules

More than seven years after initiating this proceeding, the FCC Second Report and Order and Further Notice of Proposed Rulemaking, adopted at its August 3, 2017, modifies and makes more uniform the rules governing license renewal and discontinuance of operation for all Wireless Radio Services (WRS). Below is a summary of changes.

• Renewals

At time of renewal, a licensee will be required to certify that (i) it is operating at that time an internal system or providing service: (ii) there has been no permanent discontinuance of operation during the license term; and (iii) it has substantially complied with FCC rules during the license term and is not the subject of a pending proceeding regarding license violations. It is not clear if this certification will be via an FCC form or a document created by the applicant.  

Renewals will be granted for applicants that meet the following “safe harbor” standards and that can make the certifications above.

• Site-based: the licensee is continuing to operate consistent with its most recently filed construction notification.
• Geographic:  the licensee is continuing to operate at the level certified at its last build-out requirement. THIS RULE WILL NOT BECOME EFFECTIVE UNTIL January 1, 2023.

Renewal applicants that cannot meet the applicable safe harbor standard will need to make a more detailed renewal showing that describes the level/quality of service on the system, number of subscribers or internal units, whether the system serves rural or tribal land, and other information.

• Discontinuance of Operation

• Site-based: 365 consecutive days of non-operation and can apply to an entire license, a frequency, a site, or a path.
• Geographic: 180 consecutive days of non-operation, but one facility serving one non-affiliated subscriber is sufficient to qualify as continued operation.

• Channel Keepers: Operation of devices that transmit test signals, tones, and/or color bars, for example, does not constitute operation or service for purposes of the permanent discontinuance rule.

• Public Safety

Although the Land Mobile Communications Council (LMCC) recommended against this policy in 2010, the draft rules exempt public safety licensees from having to meet the new renewal requirements and appear to exempt them from any discontinuance of operation rule. The LMCC filed an ex parte letter on July 21, 2017, urging the FCC to include public safety in all these requirements. Although it had endorsed the 2010 position, the Association of Public-Safety Communications Officials International (APCO) now objects to it. EWA filed an ex parte letter yesterday supporting the LMCC position and urging the FCC not to accept public safety waiver requests for I/B spectrum if public safety remains exempt from these requirements. 

The draft Order also addresses renewal requirements for partitioned and disaggregated licenses.

The draft Order does not address EWA’s June 1 comments recommending that the rules be tailored, based on the amount of spectrum and geography authorized for the license being renewed, or its proposal to return to 5-year license terms for site-based Part 90 licensees. 

The draft item does include a Further Notice of Proposed Rulemaking which seeks to determine whether build-out obligations should be increased at renewal to address the continued failure to provide broadband service in rural areas. (WT 10-112)

T-Mobile Arguments on PAL in 3.65 GHz Fall Short

EWA has filed comments in response to Petitions for Rulemaking seeking changes to rules governing the 3550-3700 MHz Citizens Broadband Radio Service (CBRS) filed by CTIA and T-Mobile USA, Inc. EWA opposes the T-Mobile Petition, which recommends that the Federal Communications Commission auction the entire band for use by Priority Access License (PAL) licensees, including the 3650-3700 MHz band, which is intensively used by government, business, industrial and critical infrastructure users, many of which are members of EWA.

EWA encourages licensees in the band to define by the August 7, 2017, deadline the grandfathered protection zones around base stations that were registered as of April 17, 2015, and placed into operation by April 17, 2016. To do so, visit the Universal Licensing System and select “3650 Grandfathered Wireless Protection Zone Filings” (login required). (GN 12-354; DA 17-340; DA 17-609).  

FCC Seeking More Spectrum for Broadband in 6 GHz

Concerns about potential interference from Higher Ground’s use of C-band satellite spectrum in the 5925-6425 MHz bands to deploy up to 50,000 earth stations hooked to smartphones may pale in comparison what is being considered through a “Mid-Band” Notice of Inquiry (NOI) expected to be adopted at the FCC meeting on August 3, 2017. This NOI will examine frequencies between 3.7 GHz and 24 GHz to begin the process of determining whether spectrum in this range can be made available for wireless broadband, focusing on potential opportunities in bands allocated for exclusive non-federal use and for shared federal and non-federal use. While recognizing that there are approximately 27,000 6 GHz microwave licenses, the NOI nonetheless asks whether there is potential for additional flexible wireless broadband use in the 5.925-6.425 GHz band. (Call sign E150095; GN 17-183)

EWA May Support APSC 800 MHz Waiver Request

The Arizona Public Service Commission (APSC) has requested waivers of the 800 MHz licensing freeze in Mexican border regions and for early access to Expansion Band spectrum to be used in a new 57-site system. The waiver request indicates that they will surrender channels from their current system post cutover. EWA is reviewing the request to see if it is consistent with positions and waiver relief that the Alliance has previously supported; if so aligned, EWA will file supporting comments on July 31. Reply Comments are due on August 15. (WT 17-168; DA 17-590)

EWA Evaluating Impact of Proposal on AeroMACS

The FCC has invited comments on a petition filed by the WiMAX Forum, proposing service rules in Part 95 for unlicensed, non-Federal Aeronautical Mobile Airport Communications System (AeroMACS) operations. AeroMACS refers to a collection of high data rate wireless networks that are used for airport surface operations to provide broadband communications between aircraft and other vehicles, as well as between critical fixed assets. It operates in the 5000-5030 MHz and 5091-5150 MHz bands, and will be utilized by Federal and non-Federal users. Proposed uses include air traffic management, including air traffic control; aeronautical operations communications; and communications related to airport operations, safety, and security. Non-Federal users may include airport owners and operators, airline carriers, aeronautical communications network providers (ACNPs), and other entities that engage in airport communications relating to safety and regularity of flight. Non-Federal AeroMACS operations would be licensed by rule under part 95 of the Commission’s rules, with users required to register proposed sites in a database administered by the Channel Manager, which would determine eligibility and assign channels.

EWA will discuss the proposal with affected members. Comments are due on August 18 and Reply Comments on September 5. (RM-11793) 

California Hands-Free Amendment Referred to new Committee

On July 12, the California Senate Committee on Transportation and Housing approved amendment AB 1222 to remove the terms “Specialized Mobile Radio device” and “two-way messaging devices” as examples of electronic devices prohibited from being used while driving. The amendment has now been referred to the Committee on Appropriations for further approval.