Enterprise Wireless Insider, Volume 11, Issue 15

EWA and pdvWireless Submit 900 MHz Reply Comments

On November 1, EWA and pdvWireless jointly submitted Reply Comments in response to the Federal Communications Commission (FCC) Notice of Inquiry regarding the proposal to create a narrowband/broadband solution in the 900 MHz Business/Industrial Land Transportation (B/ILT) and commercial bands dedicated to B/ILT entities. The filing was substantive and reiterated the fundamental premise of the benefits attributable to a spectrum realignment, provided sound engineering solutions in response to co- and adjacent-channel interference concerns, and responded to those who would prefer that the band remain untouched for the foreseeable future, thereby foregoing technology innovations that would benefit EWA’s greater membership for years to come.

The FCC had earlier denied a joint request to delay the reply comment deadline noting that “parties may inform the Commission of any agreement or consensus reached after the reply comment deadline in ex parte filings.” (FCC 17-200)

T-Band Application Freeze

Late last month, EWA officials met with Wireless Telecommunications Bureau (WTB) and Public Safety and Homeland Security Bureau (PSHSB) representatives on several matters, one of which included the Congressional directive from five years ago to remove incumbents, particularly public safety incumbents from the 470-512 MHz band following a formal auction event.  

We learned that a formal Notice of Proposed Rulemaking (NPRM), necessary to respond to Congressional mandate, is not likely to be issued until next year. In the interim, given that there have been substantial negative effects on T-Band licensees whose system’s operational requirements have been technically handcuffed given the imposition of five-year old application freeze within the 11 metropolitan areas where T-Band utilization is a crucial spectrum resource, EWA intends to prepare a proposal that seeks reasonable amendments to the freeze prior to the end of this year. EWA will present its proposal to the Land Mobile Communications Council’s (LMCC) membership in early December for support.

The opportunity for success will be enhanced should EWA and the LMCC provide the FCC with specific examples of system modifications that are not permitted under the freeze and that are adversely affecting the operations of private carrier, business enterprise, and public safety users. If any readers have experienced instances of required system upgrades that have been prohibited under the application freeze, please submit such information to EWA’s attention. (PS 13-42) 

800 MHz Spectrum Developments

Contrary to industry rumors, EWA understands that a Report and Order is being drafted in response to the LMCC petition that requests incumbents be provided priority access to 800 MHz Expansion Band/Guard Band channels and will be reviewed by the WTB and PSHSB front offices. A recommendation that the LMCC withdraw its petition will be reviewed by the LMCC membership during a forthcoming meeting. (WP 16-261).   

Despite previous optimistic reports that an Order was under consideration within the Chairman’s Office to launch the availability of 800 MHz, 12.5 kHz interstitial channels, evidently the item has been returned to the PSHSB for additional work. When the item returns to the Chairman’s Office, EWA will “visit” the 8th floor (FCC slang for where the Commissioner offices are located at the agency’s building) to push for its early review and acceptance. (WP 15-32)

EWA to File on PAL Areas

On October 24, the FCC adopted a Notice of Proposed Rulemaking (NPRM) regarding its 3.5 GHz rules, and at the same time terminated the Petitions for Rulemaking filed by CTIA and T-Mobile related to the band, except as their proposals are under consideration in the new NPRM. The changes under consideration all relate to Priority Access Licenses (PALs) that will be auctioned in the 3550-3700 MHz band, and include longer license terms, renewability, larger geographic areas, and auction methodology. EWA is reviewing the NPRM and is considering commenting on license size for PALs, which, at present, authorize use by census tract. CTIA and T-Mobile had requested that licenses be issued for Partial Economic Areas (PEAs), the 416 service areas used in the recent Incentive Auction, a proposal that drew substantial opposition. In general, carriers want longer terms and larger areas while entities such as Google want the FCC to stick with census tracts.  It is not clear how or that any changes in the PAL licensing process will impact incumbents in the 3.65 GHz band. Comments will be due 30 days and Reply Comments 60 days after publication in the Federal Register. (GN Docket No. 17-258; DA 17-340; DA 17-609)

Good News — Washington County Update

Without any fanfare or notice to EWA (which would have been a nice professional touch), the FCC granted the County’s substantial application for 800 MHz spectrum capacity. EWA had earlier filed an opposition to the County’s waiver request to use Business/Industrial 800 Mhz channels given the availability of alternative spectrum resources available only to public safety entities. Upon closer review, the County had evidently withdrawn its request to use B/ILT channels, and instead, chose to use Sprint-vacated channels that were always available to fulfill the County’s appetite for spectrum.  This was never a win or lose proposition to EWA, but simply a request for reasonableness on the part of the public safety community and the FCC. 

800 MHz Waivers Denied for Insufficient Showing

On October 18, the WTB denied waivers from three applicants that are Specialized Mobile Radio (SMR) operators that were seeking early access to 800 MHz Sprint-vacated channels in Las Vegas, plus a waiver of the 800 MHz freeze in that region, and to two SMR applicants seeking 800 MHz channels in Keokuk, Iowa at a site that overlapped a region where EB/GB channels are not yet available. In both cases, the WTB determined that the waiver showing was insufficient to warrant relief.  (DA 17-1022 and 1023)