Supported by EWA, several Part 90 applicants seeking use of unassigned guard band spectrum between Part 90 and the adjacent Broadcast Auxiliary Services (BAS) allocation received waivers. The FCC agreed that 451/6.00625, 451/6.0125, and 451/6.009375 MHz could be assigned pursuant to waivers in spectrum-constrained markets without creating any interference potential to other licensees. The FCC denied the request to use 451/6.000 MHz on the basis that there was spectrum overlap. 

In response to National Frequency Coordination LLC’s (NFC) request to become a certified frequency advisory committee for Part 90 PLMR Services, the Land Mobile Communications Council (LMCC) stated in Comments filed at the FCC that NFC’s request did not contain sufficient information to support approval and, in any event, raised novel issues that warrant careful FCC scrutiny. Based solely on the qualifications NFC claimed in their request, The LMCC stated that NFC cannot be certified as it does not even assert the required representational attribute.  MORE

The FCC has not yet placed Spectrum Network’s Group’s (SNG) request for a waiver to use unassigned 900 MHz B/ILT frequencies for what it describes as a commercial, nationwide, data system providing M2M capability for I/B eligibles on Public Notice as it indicated it would during the meeting attended by SNG, EWA and FCC staff. Since this meeting, given EWA's opposition to these filings, SNG has submitted a further filing to “consolidate and augment the record surrounding its applications,” again noting that there is an “increasing need to find a spectrum efficient home for the Internet of Things.

In response to opposing comments from SNG and other organizations on the LMCC proposal to establish a 6-month period during which incumbents would be permitted to request 800 MHz EB/GB frequencies for system expansion, the LMCC commented that although the original LMCC Petition for Rulemaking would impose some restrictions on incumbent licensees to secure 800 MHz spectrum outside of the markets where they currently operate, the broader public interest would be served by allowing incumbent licensees to increase their spectrum efficiency by expanding their capacity before opening channels to new entrants. The LMCC believes this is valid whether those entities are operating private internal or commercial systems and irrespective of 800 MHz licenses they might hold in other markets.

In its March 2014 Public Notice (See DA 14-281), the FCC made it clear that attempts to renew 150-470 MHz licenses containing a non-compliant wideband emission designator would be dismissed. It seems that the FCC was serious as EWA has received a significant number of requests for assistance from licensees who have had renewal applications either returned or dismissed for failing to comply with this requirement. There are actually two ways to accommodate this FCC mandate. A licensee may either remove the prohibited emission designator (20F30KE, 20K0F1D, 20K0F2D or 16K0F3E) from the license prior to renewal, or at time of renewal. The former approach incurs no FCC licensing fee and the latter, of course, requires the standard $215 license renewal fee from non-exempt Industrial/Business licensees. Under either method, however, deleting non-compliant emission designators can appear complicated to those unfamiliar with the FCC’s Universal Licensing System (ULS).

Please visit EWA’s website here for further advice on how to remove non-compliant emission designators from your license or from customer licenses. Better yet, contact EWA at 800-482-8282 or at Customer.Service@EnterpriseWireless.org, and we will take care of this requirement for you.

This past May, the Land Mobile Communications Council (LMCC) filed a petition with the FCC seeking expansion of conditional licensing to the 470-512 MHz, 806-824/851-866 MHz and 896-901/935/940 MHz bands. The FCC has released a Public Notice seeking industry comment on July 23 regarding the merits of this request. The FCC also took the opportunity to deny the LMCC’s request that a blanket waiver remain in force until the petition is finalized, and that waiver’s applicability to Public Safety Pool applicants. EWA would be surprised if there were any opposition to the idea of extending conditional licensing to the higher private land mobile bands.

The FCC remains committed to ensure that all Americans have access to broadband, and broadband at appropriate speeds. In its efforts to “look under the hood” of broadband service claims, peering arrangements, and blockages, the FCC has issued a report concluding that while “most broadband providers continue to improve service performance by delivering actual speeds that meet or exceed advertised speeds during the past year … some providers showed significant room for improvement, particularly with respect to consistency of speeds.” FCC News

Third District Enterprises, LLC had sought a waiver of the rebanding freeze in the Mexican border region and attempted to relicense 800 MHz systems whose authorizations had been canceled by FedEx by duplicating the sites and other technical parameters. In denying the waiver, the FCC confirmed that the freeze was intended to preclude such applications and noted that “an erroneous grant of a license to a previous applicant is not grounds for granting pending…applications.”

The FCC has denied the State of Florida’s request to use two 800 MHz B/ILT channels in its statewide 800 MHz rebanding plan. In their denial, the FCC pointed out that there were Sprint-vacated channels and even other public safety frequencies available for the State’s use, and those were available before the State finalized their spectrum plan.  MORE

The rules for “secondary market” transactions in which commercial service providers seek to buy/sell FCC licenses and defining the amount of spectrum a carrier may acquire in the upcoming incentive auction have been updated. A number of bands were added to those the FCC considers in determining whether a proposed transaction might lead to excessive concentration of “suitable and available mobile telephony/mobile broadband service” spectrum in the hands of a single carrier.  MORE

When Orloff Haines, Enid, Oklahoma was asked why he did it, his response was that he “continuously transmitted on Channel 19 to prevent other CB operators in the area from transmitting.” Mr. Haines did not dispute the charge but requested leniency due to his financial circumstances (he must have spent the majority of his day keying his CB mic) and was issued a reduced fine of $1,750 for causing deliberate interference. 

Drew Buckley of Bay Shore, New York was fined $25,000 for unlicensed radio operations on 474.2875 MHz and for “intentionally and maliciously interfering with the Melville Fire District of New York”, during “fire emergencies” which evidenced a deliberate disregard for public safety. Melville Fire District reported that the unauthorized transmissions typically consisted of “chanting and heavy breathing.”  MORE 

Register Today for the 2014 Wireless Leadership Summit

Join the biggest, brightest and the best in the wireless business at the Wireless Leadership Summit, co-hosted by EWA and USMSS, in Denver, Colorado, October 8-10. Take a look at the educational sessions we have planned to make this the most productive three days you’ll spend all year and make your hotel reservations as soon as possible directly with the Westin Denver Downtown 303-572-9100 or at this link. There is limited exhibit space available and sponsorships still open. Thanks to our presenting sponsors: Hytera, Icom, Kenwood and Motorola for making the Summit possible. And a special thanks to the sponsor for the Thursday, October 9, luncheon for all attendees on the exhibit floor: Primus Communications.

Members are encouraged to contact EWA  with their comments and recommendations regarding the Alliance's services or newsletter content.