Enterprise Wireless Insider, Volume 11, Issue 14

Views on 900 MHz NOI

On October 2, EWA filed Joint Comments with pdvWireless (PDV) and individual comments on its own in response to the FCC Notice of Inquiry (NOI) on rules governing the 900 MHz band. The Joint Comments reaffirmed the recommendation that the FCC realign the band to create a Private Enterprise Broadband (PEBB) allocation in the upper 3/3 MHz while retaining the lower 2/2 megahertz for narrowband systems. The Joint Comments also proposed that in Major Trading Areas (MTAs) where more than 80 channels remain unassigned, which is approximately half the MTAs in the country, the FCC retain 10 site-based narrowband channels for future B/ILT use (just in case), but auction the rest of the 2/2 narrowband allocation, with a 1.5 MHz, a 250 kHz, and a 125-kHz wideband channel. All auctions would be overlay and the wideband spectrum would not be subject to mandatory relocation; incumbents moving only if they reached agreement with the winning bidder. 

EWA supported the above approach but in separate comments recommended that the overlay auctions be conducted by basic economic area (BEA), not MTA, since the latter cover more geography than most private enterprise (PE) users want or need. EWA also urged the FCC to be cautious in designating spectrum or adopting rules that had the effect of designating channels for use by a limited number of eligible PE entities, in particular CII. 

In other critical comments, the American Petroleum Institute (API) supported a 900 MHz broadband allocation, along with licensees such as United Parcel Service (UPS) and several CII entities. Several parties continued to express their concerns about a 900 Mhz realignment but suggested how the FCC should proceed with a band realignment if it elected to pursue that course of action. Reply Comments are due on November 1. 

EWA to Meet with WTB/PSHSB Officials

As discussed at its recent Annual Meeting, EWA scheduled a meeting with staff from both the Wireless Telecommunications Bureau (WTB) and Public Safety & Homeland Security Bureau (PSHSB) to discuss the status of 800 MHz interstitial channels, various matters at issue in WP 16-261, including the 800 MHz Expansion Band (EB) and Guard Band (GB) incumbent priority proposal, and the T-Band application freeze, among other issues.

Remember the Speculators

On October 5, EWA filed an ex parte letter in WP 16-261 bringing to the attention of the FCC a Securities and Exchange Commission (SEC) Order against Janus Spectrum and other defendants in which the United States District Court for the District of Arizona granted the SEC summary judgment against four defendants. The SEC alleged, and the Court agreed, that the defendants “are responsible for planning and operating an investment scheme to apply for, obtain, and monetize [FCC] spectrum licenses [in the EB/GB] that…Defendants knew or should have known had little value.” In its letter to the FCC, EWA asked the FCC to consider this example while making its determination regarding 800 MHz Expansion Band and Guard Band spectrum. EWA urged the FCC to consider ways to deter copycats that might seek to defraud the public and to protect the use of the spectrum for those who need it. In previous filings, EWA has recommended time-limited priority access to this spectrum when it is made available in additional markets.

EWA Responds to License Renewal Proceeding

More than seven years after initiating the proceeding, the FCC has made uniform the rules governing license renewal and discontinuance of operation for all Wireless Radio Services (WRS). On October 2, EWA submitted two separate filings on the Report and Order and Further Notice of Proposed Rulemaking (FNPRM) announcing the new rules. EWA voiced disagreement with “the FCC’s decision to exempt public safety licensees from the revised renewal procedures as doing so makes unclear exactly what a public safety licensee is representing to the FCC when filing a renewal application.” In addition, EWA recommends an exemption from any renewal construction obligations for licenses awarded in blocks of one megahertz or less as well as for those licenses used for private, internal communications.

FCC Terminates MCLM Case and Licenses

On September 28, more than six years after issuance of the Order to Show Cause and Hearing Designator Order that started the investigation into Maritime Communications/Land Mobile, LLC’s (MCLM) qualifications to hold FCC licenses, a stipulation was reached that allowed the FCC to dismiss the case and terminate the hearing. The licenses held by MCLM were assigned out of bankruptcy to Choctaw Holdings pursuant to the FCC’s “Second Thursday” policy and the parties now have settled the final issue as to the permanent discontinuance of 16 site-based Automated Maritime Telecommunications System (AMTS) licenses. Choctaw presumably will be permitted to assign spectrum to a variety of utilities who had entered into purchase agreements with MCLM before it was thrown into the hearing and who have waited all this time for the matter to be settled.  What it intends to do with the remaining spectrum is unknown. (FCC 17M-35; EB Docket No. 11-71)

No Anti-Windfall Obligation for Sprint in 800 MHz Rebanding

On October 12, the Public Safety and Homeland Security Bureau (PSHSB) issued a Declaratory Ruling in which it acknowledged that Sprint Corporation would not be required to make an “anti-windfall” payment to the U.S. Treasury in connection with 800 MHz rebanding. PSHB lifted the obligation based on the report of the 800 MHz Transition Administrator (TA) which determined that Sprint’s “creditable expenses” exceed $2.8 billion. This decision does not relieve Sprint of its ongoing rebanding obligations, including funding remaining rebanding projects. (DA 17-1004; WT 02-55)