Advocacy Hot Topics:

Parts of First Narrowbanding Deadline Extended

The FCC extended until January 1, 2013, the date that manufacturers may produce and import 25 kHz-capable equipment. The FCC noted in its Order that by adopting this two-year extension, that it would ensure necessary equipment would remain available during the narrowbanding transition process. The Commission also extended until January 1, 2013, the date by which all new equipment submitted for type acceptance must include 6.25 kHz or equivalent capability. The Commission retained January 1, 2011, as the date when all license applications for new systems must specify 12.5 kHz efficiency or better, and no incumbent 25 kHz systems will be permitted to expand their geographic coverage areas.  MORE

New Regulatory Fee Schedule Published

The FCC has determined that it will not be increasing its current regulatory fee schedule associated with new Private Land Mobile Radio Service (PLMRS) licenses. The FCC filing fees will remain at $260 for PLMRS shared use licenses, and at $460 for exclusive PLMRS licenses. Using the same regulatory fee assessment methodology adopted in FY 2009, the Commission will not raise the current $0.08 per subscriber Commercial Mobile Radio Service (CMRS) messaging fee rate. CMRS providers will be receiving an initial assessment letter and will have the opportunity to revise the number of subscribers using Fee Filer online to provide a revised count if they do not agree with the FCC. The schedule of the annual regulatory fees is found in Appendix G, of the Report and Order issued on July 9, 2010.  MORE

Denver/Boulder Frequency Pair Is Largest Bid

As Auction 87 enters its 118th round, a pair of VHF frequencies in the Denver/Boulder BEA has drawn a Provisional Winning Bid (PWB) amount of $174,000. The PWB total for 4450 licenses is currently at $5,793,000. On July 12, 2010, the Commission announced they will continue to do a 10-round bidding schedule with the results of each round reported within 10-15 minutes after the close of each round. MORE

FCC Named Most Improved Federal Agency

“I am delighted that the FCC has been recognized as the ‘most improved’ federal agency” remarked FCC Chairman Julius Genachowski, about the results of the Office of Management and Budget‘s 2010 OPM Viewpoint Employee Satisfaction Survey. Chairman Genachowski said he “applauds the work of the FCC management and staff and look forward to great things to come.”  MORE

President Looks to NTIA and the FCC for 500 MHz

The FCC broadband initiative received a boost from an already supportive Administration when President Obama issued a Presidential Memorandum entitled “Unleashing the Wireless Broad Revolution.” The Memorandum called for the National Telecommunications and Information Administration (NTIA) to work with the FCC to “make available a total of 500 MHz of Federal and nonfederal spectrum over the next ten years, suitable for both mobile and fixed wireless broadband use.”  MORE  Read Presidential Memorandum

FCC Seeks Comments on Data Initiative

Mr. Greg Elin, named to the new position of Chief Data Officer, will lead the FCC data innovation initiative to modernize and streamline how the FCC collects, uses and disseminates data. Mr. Elin will lead a cross-bureau data team to include the Wireline, Wireless and Media Bureaus. Each Bureau is seeking input on what data collections need to be eliminated, what new ones should be added and how existing collections can be improved. Provide comments to the Commission by August 13, 2010    FCC News Release  MB Public Notice
WCB Public Notice   WTB Public Notice

What Constitutes a VoIP or Broadband Outage?

Comments from the public on what constitutes an outage, what is the service threshold before the outage is reported, the procedures to report an outage and who should be notified are being gathered by the Public Safety and Homeland Security Bureau (PSHSB). The PSHSB is considering adding VoIP and Broadband Internet Services outage reporting in the FCC Rules Part 4, Disruptions to Communications and preparing a report to the FCC. MORE

Forfeiture Issued for Not Reporting System Outage

Alpheus Communications, LP received a Notice of Apparent Liability for Forfeiture (NAL) for $60,000 for failure to file a timely Notification and a timely Initial Communications Outage Report within the time required in FCC Rule 4.9(4), Outage reporting requirements – threshold criteria. As a wireline carrier, Alpheus is required to notify the Commission within 120 minutes after a network outage of at least 30 minutes duration and an Initial Communications Outage Report within 72 hours of the outage. Alpheus was late in filing the notification and the report and did not correct its failure to file until it was contacted by Commission staff. MORE

Know the Rules – Avoid FCC Violation Notices

A Marshall Department Store distribution facility received a Notice of Violation (NOV) for operating repeater stations (FB2) on three frequencies licensed for mobile only (MO) operation. The violation was discovered during an inspection of the facilities’ radio operations and the associated license. The FCC had allowed prior to the establishment of new groups of frequencies in FCC Rule 90.267, Assignment and Use of frequencies in the 450-470 MHz band for low power use. The offset 12.5 kHz frequencies could be licensed with a MO station class but operate as a base or fixed station or a repeater. The frequencies 451.3375, 452.8375 and 452.8875 MHz are now allocated in Rule 90.267 as Group A frequencies that can be licensed as a repeater, base and mobile or fixed stations within 50 miles of the top 100 cities with specific low ERP and antenna heights, but they must show the appropriate station class. If you have a license that has frequencies that are licensed with a MO station class and operating as repeaters contact EWA Customer Service at customerservice@enterprisewireless.org or 800 482 8282 and we will conduct a review to ensure that you are compliant with the FCC’s rules.  MORE

Auction 87 - Not all Spectrum Desired

At the close of Round 11, the FCC had received bids on less than half the available licenses for a total Provisional Winning Bid amount of just over $2.5 million. No license had yet received a five-figure bid, and the majority remained at the minimum opening bid amounts. With relatively little activity, it is likely that the FCC will move quickly to accelerate the number of rounds per day and to increase the required activity levels which will facilitate the end of the auction. MORE

Draft Bill Calls for Nationwide 700 MHz Network

A proposed bill calling for the deployment of a nationwide 700 MHz public safety interoperable broadband network and allowing for commercial use in the narrowband 700MHz voice spectrum was recently released by Chairman Rep. Henry Waxman, House Committee on Energy and Commerce. The draft legislation also attempts to assist with funding of public safety broadband by making funds available through interest free borrowing of $2 billion from the US Treasury, repayable by 2014. The bill also calls for auctioning of D block to help fund the public safety network.  MORE

Public Safety Has Sufficient Spectrum

A recent FCC White Paper supports the position in the National Broadband Plan that public safety has sufficient spectrum to deploy and operate a nationwide broadband network without reallocating the 700 MHz D Block for that purpose. This is consistent with the legislation supported by House Commerce Committee Chairman Henry Waxman, which would fund such a network using proceeds from the D Block auction. MORE

Funding Requests for Public Safety Highlight Budget Testimony

A funding request for $1.5 million to staff the Emergency Response Interoperability Center (ERIC) and $900,000 to support the public safety and homeland security efforts plus a request for an additional of 75 personnel to oversee cyber security and other responsibilities pertaining to the Commission’s broadband initiatives were included in FCC Chairman Genachowski’s testimony in the FCC fiscal 2011 budget submission. Chairman Genachowski also requested $2.4 million to fund the agency’s spectrum inventory initiative designed to enable user-friendly access to information regarding spectrum bands and licenses so the public can browse spectrum bands, search for spectrum licenses, produce maps, and download raw data for further analysis. MORE

10 MHz of Public Safety 700 MHz Spectrum Ideal for 4G

According to James A. Barnett, Jr., Chief, Public Safety and Homeland Security Bureau, in testimony before the House Subcommittee on Communications, Technology and the Internet, the public safety community will be well served to use its current 10 MHz allocation at 700 MHz for its 4G broadband requirements, especially if it develops incentive-based partnerships with commercial entities. MORE

Close the TV White Space Proceedings

A request to FCC Chairman Julius Genachowski that the FCC expeditiously conclude the TV white spaces proceedings as recommended in the National Broadband Plan came from Senators John Kerry (D-Mass), Chairman of the Commerce Subcommittee on Communications, Technology and the Internet and Olympia J. Snowe (R-Maine), senior member of the Commerce committee. The request suggested that the completion of the white spaces proceeding will allow for the expansion and further development of lower cost nationwide wireless Internet access and foster innovation of manufactures and consumers “to construct multiple paths to the Internet”. MORE

LMCC Advises FCC on interstitial 800 MHz Coordination Procedures

On June 23, 2010, the LMCC provided FCC WTB Chief Ruth Milkman, and PSHSB Chief James Barnett, Jr., with the organization’s “Interstitial 800 MHz Coordination Procedures” that were recently approved by the LMCC membership. It is anticipated that this technical information will be included within a Further Notice of Proposed Rulemaking.  MORE

Comments Due on Consumer High Speed Connections to the Internet

Due to a recent decision of the U. S. Court of Appeals on the FCC’s ability to ensure fair competition and providing consumers with basic protections using broadband internet, a public process has been initiated by the FCC to consider possible frameworks for addressing the high-speed connections most consumers use to access the internet. The Notice of Inquiry (NOI) issued on June 17, 2010, asks for public comment on three issues including the legal and practical consequences of classifying broadband internet connectivity “telecommunications service” to which all of the requirements of Title II (Common Carrier) of the Communications Act would apply. Comments are due July 15, 2010 and Reply Comments due by August 12, 2010. MORE  MORE

Respond to FCC Notices And Don’t use Marine Channels on Land

A monetary forfeiture of $4,000 was issued to Paisa 2 Car and Limousine service of Woodside, New York for failing to respond to an FCC Notice of Apparent Liability for Forfeiture (NAL) issued on October 5, 2009. The NAL was issued as it was discovered that they were using 157.425 MHz, a maritime frequency, in lieu of their authorized channel, and did not timely respond to FCC inquiries. When they did respond, the owner stated that he did not know why the base station and mobiles were on the unauthorized frequency since he advised his drivers to properly program their equipment. MORE  MORE

Open and Close Shutters By Hand?

USA Shutter Company responded to a FCC Letter of Inquiry (LOI) admitting that they had been importing and marketing wireless remote control transmitters for window shutters. They also admitted that the transmitters were not certified by the FCC prior to marketing the devices within the United States. In its citation, the Commission advised USA Shutter that if they continue to violate the Communications Act or the Commission’s Rules in any manner, monetary forfeitures not to exceed $16,000 for each such violation or each day of a continuing violation may be imposed. MORE

FCC To Harmonize License Renewal Rules

On May 25th, the Commission released a Notice of Proposed Rulemaking (NPRM) with the intent to establish consistent requirements for the renewal of licenses and consistent consequences for the discontinuance of station operations, including those private land mobile services authorized under Part 90 of the rules. For site-specific licenses, the FCC is proposing that applicants certify that they are operating as represented in their latest construction notification or authorization, and that they are compliant with the Commission’s rules and policies. In this notice, the FCC is also seeking comment on the appropriate period that should be used to define permanent discontinuance of operations and whether the public interest would be served by adoption of a uniform definition for all Wireless Radio Services. Comments will be due at the FCC 30-days after date of publication of the NPRM in the Federal Register.  MORE

LMCC Comments on Trunking Rules

On May 14th, in response to the FCC’s long-standing proceeding in WP Docket No. 07-100, the Land Mobile Communications Council (LMCC) provided the FCC with its recommendations regarding a number of proposed rule changes, and its views in response to specific Commission inquiries. Noting that the FCC’s trunking rules are perhaps the highest priority for LMCC members, the comments noted the importance of revising the contour calculation standard for mobiles, both in mobile-only systems and those associated with base station facilities. The LMCC supported rules which clarify that contour calculations for base stations only, not for associated mobiles, need to be considered. The LMCC also confirmed its view regarding two-way contour analyses requirements, such that “affected licensees” are those whose service contours are overlapped by a proposed centralized trunked station’s interference contour and those who interference contours are overlapped by a proposed centralized trunked station’s service contour. Several LMCC members filed comments specific to their constituents’ requirements. LMCC Comments

Non-Standard 450 MHz Request Status

In March 2010, the FCC released a Public Notice seeking comment on a request from Motorola for clarification or a blanket waiver of the FCC rules to permit other than 5 MHz separation between paired base and mobile transmit frequencies for low power 450-470 MHz systems authorized pursuant to FCC Rule Section 90.267. In April, EWA filed comments indicating its support for more efficient use of spectrum, but expressed concern that the use of non-standard frequency pairs could complicate the frequency coordination process, particularly if used by low-power systems outside of confined facilities, including those deployed on mountaintop sites. On May 14th, Motorola filed Reply Comments suggesting that the FCC grant a blanket waiver of the rules authorizing a “450/465 repeater” with the base transmit frequencies located in the 450-455 MHz band and the mobile transmit frequencies in the 465-470 MHz band. According to Motorola, maintaining this configuration will minimize potential interference that could occur if bases transmitted on the mobile half of the pair and vice versa and, in conjunction with additional monitoring requirements for such systems, would permit them to co-exist in this band. Motorola’s Reply Comments

800 MHz Rebanding – Canadian Treaty Issue Surfaces

The rebanding process has caused the FCC and Industry Canada (IC) to recognize that a certain number of 800 MHz systems located in close proximity to the Canadian border were authorized for ERPs that exceed the levels permitted by treaty for U.S. primary channels. The IC has identified what is understood to be a relatively small number of systems that must have their power reduced and those that will be permitted to continue operating at power levels that exceed the treaty limitations. The FCC has begun issuing Orders Proposing Modification to reduce the authorized power for affected stations.

800 MHz Vacated Spectrum

The FCC has advised all of its certified frequency advisory committees that have agreed to conform to a Memorandum of Agreement governing the frequency coordination procedures for 800 MHz spectrum vacated by Sprint/Nextel Communications, that it will continue to update the Vacated Channel Search Engine on a regular basis with additional information regarding available channels as Sprint and other licensees relocate to the ESMR band and non-cellular licensees relocate to the Guard band. The public access files and vacated spectrum database have been updated to show vacated spectrum frequencies that are available effective June 1, 2010.

Public Safety Waiver Request Receives Greater Scrutiny

It seemed like a simple request. The FCC has released a Public Notice on May 27th seeking comment on a request for waiver filed by the Township of Wayne, New Jersey that seeks trunked and conventional channel capacity using TV stations 14, 15 and 19. Specifically, the Township would use its frequency assignments in TV channels 14 and 15 for trunked operations and TV channel 19 for its conventional operations. As part of its waiver analysis, the FCC wants to know whether the 700 MHz public safety band would provide a viable spectrum alternative, particularly in light of the Commission’s desire to repurpose the broadcast spectrum for national broadband objectives. The FCC also asked whether it should consider the Township’s progress towards achieving its narrowbanding transition requirement from 25 kHz to 12.5 kHz, which is applicable within the 470-512 MHz band, before it determines whether to grant the Township’s request to use more TV broadcast spectrum. MORE

Wireless Microphones – FCC Issues Enforcement Advisory

The Commission has issued an “Enforcement Advisory” reminding the public that it now prohibits the manufacture, import, sale, lease, offer for sale or lease, or shipment of wireless microphones and other low power auxiliary stations that operate in the 700 MHz band and are intended for use in the U.S. Further, any entity that sells or leases these devices must display a consumer disclosure at the point of sale or lease informing consumers of the conditions that apply to the operation of wireless microphones in the core TV bands. Consumers are being encouraged to visit the FCC’s wireless microphone website at http://www.fcc.gov/cgb/wirelessmicrophones.

Auction 89 Announced – 281-219 MHz and Phase II 220 MHz Licenses

On December 7, 2010, the FCC will be conducting auction 89 where 1,420 licenses in the 218-219 MHz band covering 727 cellular market areas; and 448 Phase II 220 MHz Service licenses primarily covering Economic Areas will be made available. The 218-219 MHz Service is a short-distance communications service designed to provide any fixed or mobile communications service to subscribers within a specified service area. Licensees in the 220 MHz Service will be able to use this spectrum to provide voice, data, paging and fixed operations. MORE

National Broadband Plan Corner

Wireless Communications Service (WCS

The FCC recently revised the technical rules governing the 2.3 GHz band to facilitate the use of 25 MHz of spectrum to provide mobile broadband services. The new rules are designed to protect adjacent satellite radio and aeronautical mobile telemetry operations. The National Broadband Plan identified the WCS spectrum as part of its recommendations for making 500 MHz of spectrum available for broadband use within the next ten years. At the same time, the Commission adopted enhanced build out requirements to ensure spectrum utilization to the point where automatic license forfeitures may take place if licensees fail to meet performance benchmarks.  MORE

Do You Know Your Broadband Speed?

Evidently not according to a recent FCC survey that revealed that 80% of broadband users in the United States do not know the speed of their broadband connection. This survey is part of the agency’s overall broadband speed initiative, which involves multiple FCC bureaus and offices and is being coordinated by the FCC’s Consumer Task Force. The FCC is also asking for 10,000 volunteers to participate in a scientific study to measure home broadband speeds in the U.S. If you are interested, visit this link. 

Measuring Broadband Network Performance and Coverage

As a part of its effort to gather information on fixed residential and small business Internet broadband services, the FCC now seeks public comment on whether and how to pursue a measurement program for mobile broadband services given the growing significance of mobile internet access. The FCC is also seeking comment on how providers may improve voluntary self-reporting of network performance and coverage. MORE

Operating With Expired License Equals $5,000 Fine

This one is fairly straight forward. The Enforcement Bureau’s Western Region office issued a monetary forfeiture in the amount of $5,000 to Tropicana Products, Inc., for continually operating radio transmitters without a license. Tropicana had formerly operated its system under station WPIJ645, in the City of Industry, California, but apparently failed to timely renew this call sign in 2005. Tropicana had also previously failed to respond to an earlier issued FCC Notice of Apparent Liability. It’s best to acknowledge receipt of such FCC communications.  MORE

Auction or Reallocation of the D Block?

U. S. Rep. Peter King (R-NY) has introduced bipartisan legislation to reallocate the 700 MHz D block spectrum to public safety. The FCC had recommended, in its national broadband plan, that the D Block be auctioned and that Congress provide $12 to $16 billion in funding for a national, interoperable broadband public safety network. King’s bill requires broadband technology conformance among public safety systems and networks, but does not provide any funding for a public safety network. National public safety organizations have long supported the reallocation of this 10 MHz block of spectrum for their use. MORE

New Tower Regulations may be on the Horizon

The Infrastructure Coalition composed of CTIA, NAB, PCIA and NATE, and the American Bird Conservancy, Defenders of Wildlife and the National Audubon Society, successfully negotiated a memorandum of understanding concerning interim Antenna Survey Registration procedures. These collective efforts are intended to facilitate tower construction crucial to new wireless services, but at the same time, reduce incidences of bird mortalities. Read MOU  MORE

AAPC Urges Maintaining CMRS Fee

The American Association of Paging Carriers (AAPC) has urged the FCC to maintain the CMRS Messaging fee at the $0.08 per unit for fiscal year 2010. The current per unit fee was established in 2002, and has remained the same since 2003 when it was noted that the paging industry was experiencing a declining subscriber base.
AAPC Comments   MORE

Don’t Forget the Quiet Zones

Licensees who are within a quiet zone for radio astronomy, research and receiving installations must obtain concurrence from these entities prior to their submitting a modification through the Universal Licensing System (ULS) to reduce their bandwidth on an emission for a narrowband application. If you have any questions concerning Quiet Zone coordination, please contact Ms. Ila Dudley at 703.797.5125 or Ila.Dudley@enterprisewireless.org.   Rule 1.924   MORE

Motorola Requests Extension of Reply Date

Motorola has asked the FCC for additional time to respond to industry concerns associated with their request to license non-standard pairings for certain low power applications at fixed sites. The Commission has extended the Reply Comment date to May 14, 2010.  MORE
EWA Comments

Phonejammer.com fined $25,000

A $25,000 fine was issued to Phonejammer.com after they had continued to market two models of phone jammers despite a citation and inquiry from the FCC. Phonejammer.com did not respond to a citation from the FCC for marketing radio frequency devices that intentionally interfered with cellular and Personal Communications Services (PCS). After a company in Carrollton, Texas was found operating a Phonejammer.com device, the FCC issued a Letter of Inquiry (LOI) to Phonejammer.com. In their response, the company denied that they were marketing or shipping units to consumers in the United States. Phonejammer.com was asked to attest to the truth and accuracy of the information contained in their response by providing a signed affidavit or sworn statement but failed to do so. The Notice of Apparent Liability (NAL) asserts that the two systems that had been sold did in fact interfere with licensed cellular and PCS frequencies. MORE

Back to Top 

Low Power Non-Standard Pairing Request

EWA filed Comments in response to a Request from Motorola seeking to permit other than 5 MHz separation between paired base and mobile transmit frequencies for low power 450-470 MHz systems. EWA noted that it appreciates the real world situation that Motorola is attempting to address, but recommended “that the FCC consider how to ensure that any non-standard frequency pairs are assigned only in situations where the intermodulation problems described in the Request dictate that the normal separations would not be useable. In particular, the Alliance is concerned about the potential impact should these ‘one off’ channels be assigned for use in areas other than small, confined geographic locations such as mountaintop sites.” MORE

New Deadlines for 800 MHz Rebanding

July 2 is the new start of mediation for incumbents who filed waiver extension requests for all Wave 4 licensees in the U.S.-Mexico border region, with a filing freeze on new applications in that same region until August 13. The March 31st FCC 800 MHz rebanding Order and Public Notice also noted that incumbents may need to file further extension requests.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-574A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-573A1.pdf

Broadband Action Agenda Has Four Key Goals

The FCC delivered a lengthy Nationwide Broadband Plan agenda that is expected to trigger the initiation of dozens of rulemaking proceedings and identified four key goals:

1. Promote world-leading mobile broadband infrastructure and innovation;
2. Accelerate universal broadband access and adoption, and advance national purposes such as education and health care;
3. Foster competition and maximize consumer befits across the broadband ecosystem;
4. Advance robust and secure public safety communications networks.

The Full Plan and Agenda is at http://www.broadband.gov/

Narrowbanding Compliance Update

The FCC amended its rules "to provide an exemption from the frequency coordination requirement for modification applications that only reduce authorized bandwidth while remaining on the original center frequencies, and do not seek any other changes in technical parameters." This change will become effective May 14, 2010. Please click here to review the FCC's recent Order.

More Sprint Vacated Spectrum May Soon Be Available

In a recent FCC Order, it was announced that Sprint Nextel must vacate its "Interleaved Band Spectrum" (809-815/854-860 MHz) in 25 non-border NPSPAC regions by March 31, 2010, as previously ordered. This will provide an immediate source of available spectrum to public safety in those regions. The FCC will issue a Public Notice announcing a license filing window and application procedures for these channels, as it has on two previous occasions. In 21 other NPSPAC regions, Sprint will have an additional year to vacate the Interleaved Band. To review this Order, please click here.

Auction 87 Rescheduled for June 15, 2010

The auction of 9,603 licenses for lower and upper paging bands licenses will now be held on June 15, 2010, rather than May 25, 2010. Upfront payments will be due by 6:00 PM (EDT) on Friday April 30, 2010, and a mock auction will be held on Friday June 11, 2010. The Commission has completed the review of the 87 short-form applications and has classified them into two categories, complete and incomplete with 34 completed and 55 incomplete. View the complete and incomplete applications and instructions for both categories at these links:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A2.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A3.pdf

Right Frequencies in the Wrong Place

The County of Cumberland, New Jersey received a Notice of Violation (NOV) from the Philadelphia, Pennsylvania FCC Enforcement Bureau for operating three of their assigned frequencies at an unauthorized location. On two separate occasions the Commission inspected the equipment belonging to the County of Cumberland and determined that they were in violation of FCC Rule 1.903 (a) http://www.fcc.gov/eb/FieldNotices/2003/DOC-297425A1.html

It’s Best to Renew Your License on Time

The Westport, Connecticut Board of Education did not renew their low power FM radio station license until three years past the renewal date and it cost them $7,000. When they finally submitted their renewal application, they did not file a request to renew their Special Temporary Authorization (STA) to allow them to continue to operate pending review of the untimely renewal application. They made the mistake of not renewing the STA since the Commission had not granted the renewal. MORE

FCC Releases its National Broadband Plan

According to the FCC, the National Broadband Plan and the associated great infrastructure challenge of the 21st century will be as meaningful to the United States as was the development of the railways in the 1860s, the electrical grid in the 1930s, and the interstate highway system of the 1950s. Plan recommendations fall into three sections, namely fostering innovation and competition in networks, devices and applications; redirecting assets that the government controls or influences in order to spur investment and inclusion; and optimizing the use of broadband to help achieve national priorities. It is anticipated that release of the Plan will now trigger perhaps dozens of rulemaking proceedings. The section of the Plan addressing spectrum issues may have the most significance for EWA members. MORE

FCC Launches its Spectrum Dashboard

While just at the beta level, the Commission’s Spectrum Dashboard is intended to allow users to more easily review how spectrum bands are allocated and used and also allows users to identify license holders in specific areas. The initial version provides information covering frequencies between 225 MHz and 3.7 GHz – the range of spectrum potentially usable for mobile broadband. MORE

Part 90 Rule Changes Adopted

Consistent with the recommendations of EWA, the LMCC and most others within the industry, the FCC determined that a reduction in authorized bandwidth does not require frequency coordination; agreed that state and local government entities could use I/B pool spectrum for commercial activities such as operating golf courses, but not for public safety operations; and decided against allowing Wireless Medical Telemetry Service operations on a secondary basis in portions of the 1427-1432 MHz band where non-medical users have primary status. More importantly, the FCC issued a Further Notice seeking comment on LMCC recommendations to modify and clarify Section 90.187 governing trunking in the bands below 512 MHz. MORE

Wireless Microphones Not a Good Idea at T-Band

The Land Mobile Communications Council (LMCC) recently urged the FCC to prohibit the manufacture and use of wireless microphones intended for unlicensed use on TV channel 14-20 spectrum. The LMCC pointed out that the issues raised in this proceeding are identical to those in the TV White Space proceeding where the FCC determined not to permit portable/personal devices on those channels because of the likelihood of interference to land mobile users operating in those bands in eleven markets. MORE

Motorola Requests Interpretation of Waiver of FCC Rule 90.267

Motorola has filed a Request for Declaratory ruling asking that the Commission confirm that the standard 5 MHz separation between paired channels in the 450-470 MHz band does not apply to systems authorized pursuant to the low power pools in Rule Section 90.267. Motorola argues that the public interest would be better served by promoting more effective utilization of spectrum, because it would facilitate the deployment of low power repeaters with non-standard separation to avoid the occurrence of intermodulation interference when multiple repeater cells are used within close proximity. MORE

FCC Seeks Input on Public Safety 700 MHz Recommendations

The FCC is interested in receiving comments from those public safety entities that filed waiver requests seeking to deploy systems early within public safety’s 700 MHz broadband spectrum allocation. Data concerning potential future technology standards and information for a proposed Emergency Response Interoperability Center (ERIC) are specifically of interest to the Commission. MORE

EWA Board Member Interviewed by Mission Critical Magazine

EWA Board member Paul Anderson, Communications Manager of Delta Airlines, recently shared his strategic views with Mission Critical on his company’s efforts to combine over 50,000 wireless and radio communications devices into one communications network. “We see a hybrid of radio voice and data requirements that will be part of the overall strategic plan as we move forward,” said Anderson. Delta, which recently opened their new Operations Control Center (OCC) in Atlanta, GA, is reviewing their communications for air-to-ground operations as well as ground-to-ground with the expectation of developing a standard for their hub control centers around the world. MORE

CalAmp To Lease SpaceData 900 MHz Spectrum

CalAmp, a leading provider of wireless products and services, agreed to lease 100 kHz of spectrum nationally in the 901.9-902 MHz band to allow for CalAmp’s wireless products to transmit at higher power and minimize line-of-site and noise issues that unlicensed 900 MHz spectrum creates. MORE

“Is ... no longer doing so”

Lubbock Aero, Lubbock, Texas, was found liable for a forfeiture in the amount of $10,000 for operating on 123.300 MHz without an authorization which could have been the source of interference to aviation support stations. In response to an FCC letter of inquiry, Lubbock Aero admitted that it operated on frequency 123.300 MHz, but added that it “is ... no longer doing so.” Lubbock Aero added that it did not receive any complaints of interference. The FCC concluded that the use of the channel was undertaken without any previous Commission authorization, in violation of the Communications Act and Commission rules, and deserved the base forfeiture amount of $10,000 without reduction for operation of a station without Commission authority. MORE

EWA Holds Killer Apps Super Session at IWCE

The week-long IWCE event recently held in Las Vegas was punctuated on closing day by a special two-hour “Super Session”, Killer Apps in Wireless, moderated by EWA’s Eric Hill. Technologies included wireless IP video surveillance (presented by Mobilcomm); field worker and enterprise mobility management (NetMotion Wireless); security apps over mesh networks (Firetide); new paging innovations (Prism Systems International); and radio over IP (Alcatel-Lucent).

EWA Promoting Launch of Wireless Solutions Center

Throughout the recent Motorola Channel Partner Expo and IWCE events in Las Vegas, EWA was widely promoting the Enterprise Wireless Solutions Center® launch, forthcoming this May. The solutions center is a new on-line service from EWA, providing sales leads for participating dealer and vendor members. Business and state/local government buyers will find information about the latest wireless applications, products and services, and vendors that sell, install, and maintain them; vendors will find new dealer sales channels, and dealers will find new vendors. EWA will also provide wireless system buyers with help leading up to their procurement decision, for example, help with vendor research, RFP development, and cost/benefit analyses. MORE

FCC Recommends D Block Auction

FCC Chairman Genachowski and Admiral Barnett, Chief of the Commission’s Public Safety and Homeland Security Bureau, recently provided working recommendations for the National Broadband Plan that included a commercial auction of the D Block Spectrum. Under this arrangement public safety could have access to as much as 80 MHz of spectrum instead of being limited to their exclusive 10 MHz allocation.  MORE  MORE

Wireless Microphones at T-Band?

The FCC released a Further Notice of Proposed Rulemaking proposing to allow unlicensed wireless mics authorized under Part 15 to operate in the “core” TV band below 700 MHz, including the 470-512 MHz band. The proposed rules establish “exclusion zones” to protect co-channel TV stations, but make no mention of protecting land mobile T-band usage. Even if the FCC had recognized the need to require similar protection for land mobile operations, there is no mechanism proposed for enforcing these exclusion zones against unlicensed devices, thereby raising the same concerns that caused EWA to oppose low-power devices proposed for use in TV “white space,” particularly prior to the incorporation of geolocation capabilities in those devices.

Clarification - Paging Channel 163.250 MHz Subject to Narrowbanding

Even though established rules show public safety frequencies 163.250 MHz with limitations 13 and 30 allowing for one way paging operations at 25 kHz bandwidth, it will have to be narrowbanded by January 1, 2013. The frequency 163.250 MHz is allocated for Federal Government use but is shared with the FCC.  MORE

Narrowbanding Webinar Features EWA

In a webinar held by Urgent Communications, EWA President and CEO Mark E. Crosby joined a panel of experts to discuss licensing, deployment and funding for narrowbanding initiatives. The webinar can be accessed here

Spectrum Allocation Sought by Pyramid Communications

Pyramid Communications has requested a spectrum allocation for use by Vehicular Repeater Units (VRS) that are primarily used by public safety licensees. Pyramid is seeking an allocation in the 170-172 MHz and 173 MHz bands.  MORE

A Reminder – Required Repeater Monitoring

Several EWA members have asked recently about the monitoring requirements for non-exclusive trunked system in the bands 150-512 MHz. There are two levels of monitoring, namely Level One where systems are to monitor the co-channel input channel for transmissions from mobile or portable units; and Level Two where it is necessary to monitor the output frequency for transmit signals from co-channel base stations. The FCC’s Public Notice states “The level of monitoring must be sufficient to avoid causing harmful interference to other systems.”  MORE

Renew Your Licenses

In June 2005, the University of San Diego inadvertently failed to renew their license and the FCC cancelled it as a result. In February 2009, the University requested a Special Temporary Authorization (STA) after discovering that their license had expired. The STA was granted but the Wireless Telecommunications Bureau (WTB) referred the matter to the Enforcement Bureau for investigation. Unfortunately, the University continued to operate the radio system on an expired license which resulted in a $6,400 FCC fine.  MORE

Digital Mode Requires Proper Licensing

A Notice of Violation was recently issued to the Township of Lakewood, New Jersey for not being authorized to transmit a digital signal on two of its licenses and for not transmitting the required station identification. The forfeiture amount for the unauthorized emission was set at $4,000, and for failure to provide station identification, another $1,000 fine was levied. MORE

EWA Suggests that AAA Request is an Opportunity

EWA agreed with AAA that its track record in coordinating applications below 800 MHz was an appropriate barometer for assessing its qualifications to coordinate 800/900 MHz B/ILT applications. However, EWA also took this opportunity to recommend that the FCC consider ways to ensure that competitive coordination worked to the benefit of all applicants. EWA noted that it would be helpful to make publicly available information about the performance of different coordinators, their rate of return, rejection or subsequent reversal by the FCC. EWA also suggested that the FCC should act expeditiously in addressing defective frequency certifications to discourage parties that otherwise might see an advantage in securing coordination that was inconsistent with the FCC rules or FAC policies for the purpose of delaying or disadvantaging a competitor. Finally, EWA thought that it would be prudent that all certified FACs be required to enter into MOUs that would require them to be formally responsible for resolving post-licensing interference issues.

EWA Agrees With Ameren Public Frequency Request

Ameren, a major utility based in Missouri and Illinois, had requested use of three 800 MHz channels from the Public Safety Pool for dispatch communications. Noting specifically that APCO had previously concurred with Ameren’s Waiver request and approved the use of these channels, EWA filed comments with the Commission supporting grant of Ameren’s waiver request. Spectrum is simply too critical in the operation of many types of businesses to allow historical channel allocations to act as a barrier to needs such as those identified by Ameren,” commented EWA.  MORE

CPNI Certification Due by March 1, 2010

All EWA private and commercial carrier members are reminded that their annual CPNI Certifications are due at the FCC on or before March 1, 2010. The FCC requires that all telecommunication carriers, whether their systems are interconnected with the PSTN or not, who provide telecommunications services must file a CPNI certification. Please contact EWA’s Membership Department if further information or assistance is needed.  MORE

FCC Defines Procedures for Auction 87

The FCC has defined the filings requirements and other procedures for Auction 87, which will “re-auction” Part 22 lower and upper paging bands licenses that were not acquired in Auctions 40 or 48 or that have been returned to the FCC. The auction will begin on May 25, 2010. The short-form application filing window will be open at the Commission from March 4 – 16, and with upfront payments are due on April 23.  MORE

Tower Siting Shot Clock

The FCC has denied an Emergency Motion for Stay of its decision to adopt a “shot clock” that requires State and Local Governmental entities to process applications for collocated and non-collocated wireless facilities within 90 and 150 days respectively. The Stay Request was filed by several organizations representing governmental entities and argued that enforcement of the FCC’s requirement would impose irreparable hardship on those entities. The FCC disagreed that the Petitioners had met the standard for stay relief and denied the Request.

February 16 Application Start Date for $4.8 Billion

Applications will be accepted from February 16 to March 15, 2010, by the National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS) for the $4.8 billion in American Recovery and Reinvestment Act (ARRA) grants and loans in the second round for broadband funding. NTIA, which has allocated $2.6 Billion to this funding round indicated that the application process will be more user friendly and that the review process will be streamlined. The RUS is adding support for satellite service for rural residents left unserved and will target areas of the greatest need as they provide $2.2 billion. Awards will be announced by September 30, 2010.  MORE

800 MHz Public Safety Licensees and Consultant Question TA’s Cost Metrics

A Petition for Declaratory Ruling from several Public Safety 800 MHz incumbents and RCC Consultants, Inc., an engineering consulting firm heavily engaged in 800 MHz rebanding projects, have jointly requested that the FCC declare that the Transition Administrator’s (TA’s) cost metrics are not to be used in any material or determinative way during a negotiation, mediation or FCC review process. The Petition requests that the Commission should return the Frequency Reconfiguration Agreement (FRA) cost metrics to their original informational purpose. The FCC is not under any obligation to act on the Petition within a defined time period or at all.  MORE

“No duty to do so …”

The FCC issued a $7,200 fine to Truman State University (TSU) for failure to properly maintain the public inspection file of their FM Station KKTR (FM), in Kirksville, Missouri. TSU claimed they were unaware that the issues/programs lists for their station had to be placed in the public inspection file because KKTR (FM) rebroadcasts programming for their main station KBIA (FM) which houses the public files. TSU did not deny that a mistake was made in not maintaining the files, but they stated they felt that they had “no duty to do so”. The Commission stated that ignorance of such violations are “not a mitigating factor and does not warrant a downward adjustment of an assessed forfeiture”. However, based on the licensees “history of compliance with the Rules”, the Commission reduced the fine from $9,000 to $7,200. MORE

“Incorrectly Programmed”

Cerritos Ford of Cerritos, California was found to be operating on 467.675 MHz, a General Mobile Radio Service (GMRS) frequency, without a license and was issued a Notice of Apparent Liability (NAL) forfeiture for $4,000. The FCC Enforcement Bureau’s Los Angeles office received a complaint of Cerritos Ford operating on the frequency. Further investigation revealed that Cerritos Ford had just been issued a new license and believed they were operating on the correct frequency, 467.7625 MHz. It was discovered that 467.675 MHz was incorrectly programmed in their radios. Regardless, the NAL was issued for continuing operation of an unlicensed frequency. MORE

Spectrum Inventory Bill Passes House Subcommittee

The FCC and NTIA FCC would be required to do an inventory of spectrum between 225 MHz and 3.7 GHz, under a bill approved on a unanimous vote of the House Communications Subcommittee. Chairman Rick Boucher, D-Va., submitted a manager's amendment to the bill, which was sponsored by Commerce Committee Chairman Henry Waxman, D-Calif. 
This amended legislation would now provide the agencies a year to do the inventory, up from six months in the original bill, and would require a report to Congress every two years rather than annually. The upper limit of the spectrum range to 3.7 GHz from 10 GHz also aligns better with the Senate Spectrum Inventory bill that would audit spectrum from 300 MHz to 3.5 GHz. The agencies would be allowed to audit up to 10 GHz if they decide the benefits outweigh the costs.  MORE

Genachowski Requests National Broadband Plan Extension

Chairman Genachowski requested a one month extension from Congress for completion of the FCC’s National Broadband Plan, advising that the agency would deliver the final plan on March 17, 2010. Genachowski said the additional time will allow the Commission to continue to receive input from the public and to fully brief Commissioners and House and Senate Committees on the Plan. Congress had directed the FCC to develop the Plan and asked for it to be delivered by February 17, 2010. MORE

No More 700 MHz Devices after June 2010

The FCC’s recent Order and Further Notice of Proposed Rulemaking impacts the use of wireless microphone systems operating in the 700 MHz band, by prohibiting the further distribution and sale of devices that operate in that band. This action and a band-clearing deadline are considered necessary for completing the DTV transition. The Order is in response to concerns of public safety agencies and commercial wireless carriers that the targeted devices would inevitably cause interference to licensed 700 MHz operations. A sunset period concludes on June 12, 2010, one year after the DTV transition, so those using the 700 MHz band have ample time to transition to alternative frequencies. The FCC web site www.fcc.gov/cgb/wirelessmicrophones provides a database to determine if a wireless device is currently operating in prohibited bands and if the device can be retuned to operate on another band.  MORE  MORE

TETRA Association Waiver Request

The FCC has received twelve comments in response to the TETRA Association request for waiver of Parts 2 and 90 to allow Terrestrial Trunked Radio (TETRA) technology to be used in the U.S. The Land Mobile Communications Council (LMCC) expressed concern that a blanket waiver of the bandwidth limitation and emission mask rules would increase the potential for interference to existing Part 90 licensees. They commented, as did others, that, if the Commission believes the request is warranted, it should open a rule making proceeding in order to allow for a full review and consideration of the requested changes. MORE

CPNI Certifications Due March 1

The FCC Enforcement Bureau Enforcement Advisories announces that the annual CPNI certifications are due by March 1, 2010. The Enforcement Advisory provides a FAQ list about CPNI, a CPNI Certification Template and the text of the CPNI rules and safeguards required for use of customer proprietary network information. All telecommunications carriers who provide telecommunications services, such as paging and commercial mobile radio services providers, are required to file a CPNI certification. Companies offering telecommunications directly to the public, whether telephone interconnect is provided or not, are required to file a certification. This advisory provides a certification template of what must be included in the filing, dates for filing and procedures. If you have any questions contact the FCC Enforcement Bureau at 202.418.7450 or EWA at 703.797.5116.  Announcement  MORE

Reboot.FCC.gov Website Seeks Citizen Feedback

The FCC is looking for input on how to improve usability, accessibility and transparency across the agency, according to Chairman Julius Genachowski. A new website Reboot.FCC.gov highlights five key elements, specifically, redesign of FCC.gov, Data, Engagement, Systems and Rules and Processes for public discussion and feedback. The launch of Reboot.FCC.gov includes the first official FCC blog with posts from FCC employees and the five Commission members. MORE

AAA Requests Certification to Provide 800/900 MHz B/ILT Coordination

In making a request to enter the 800/900 MHz Business/Industrial Land Transportation (B/ILT) frequency coordination business, the American Automobile Association (AAA) states they are “qualified” and meet the criteria to do so, and further suggest that Industrial/Business systems below 512 MHz are similar to such systems above 800 MHz. The FCC issued a Public Notice (WT No. 10-3) asking for comment by February 4, 2010, and reply comments by February 19, 2010, on the AAA informal request for frequency coordination certification. MORE

“Minor in Nature”

The FCC issued a $13,000 fine to Verizon Wireless citing repeated violations of Commission Rules 17.4(a) and 17.21(a) relating to the registration, painting and lighting of one of their towers in Hartwell, Georgia. The tower is over 200 feet in height and was constructed in 2004. Verizon asked for a reduction of the proposed forfeiture as it felt the violation was minor in nature. The Commission did not agree given that antenna structure is over 200 feet in height and has remained unregistered, unlit and unpainted for several years, posing a serious hazard to air navigation. MORE

“Inadvertently ... the renewal was Omitted”

The FCC issued a reduced $250 fine to Bible Broadcasting Network (BBN) for willfully violating Section 73.3539 of the Commission’s rules by failing to timely file a license renewal application, despite continued operation of station K217EY. BBN asked for forgiveness explaining that “inadvertently, the application for renewal of the station was omitted from the application from the KYFO-FM application [and that] it was unintentional.” The Commission noted in its Forfeiture Order that in assessing forfeitures, that it will take into account the “nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and such other matters as justice may require.” BBN was ultimately fined as violations from “inadvertent errors are willful violations.”

EWA Opposes NPSTC Method for Spectrum Access

It doesn’t really matter whether public safety needs spectrum for two-way paging or not, but a solution that relies on an FCC audit of 900 MHz NPCS spectrum and then the eventual recovery of unused or lightly used channels is not the answer. In comments that will be filed on Friday, EWA will note that even if the FCC were to conclude that this NPCS spectrum should be considered for public safety use, it must follow the dictates of the Administrative Procedures Act and its own rules before embarking on the course of action suggested in the NPSTC petition. There is no legal basis, nor should there be for the FCC to cancel or modify a license that has satisfied all applicable construction requirements. EWA reminded the FCC that use of the 900 MHz B/ILT pool was still under consideration for this requirement, and that the public safety community had themselves supported such access. MORE

May’s Auction 87 Perfect Fit for Many

In comments filed with the FCC this week, EWA applauded the forthcoming May 25th auction of 7,752 VHF and UHF licenses that were previously unsold or later recovered. EWA noted that access to this available spectrum can be quite beneficial for a segment of the wireless industry that generally doesn’t do quite as well in more substantial auctions where national commercial carriers are better equipped to participate financially. Regardless whether very small amounts of spectrum are available in specific geographic areas in this auction, spectrum needs may still be accommodated. EWA did, however, suggest that there is little benefit to require anonymous bidding as there would be little, if any gains to economic efficiency or auction competitiveness.

Please contact Nancy Gruen at Nancy.Gruen@enterprisewireless.org or at 800.886.4222 for further Auction 87 information, and to learn what spectrum is being made in your market area. MORE 

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800 MHz Wave 4 Negotiation Period Extended

The negotiation period for Wave 4 NPSPAC (Stage 2) and non-NPSPAC (Stage 1) licensees in the U.S.-Mexico border region has been extended until April 1, 2010, and the beginning of the mediation period for such licensees postponed until April 2, 2010. The extended negotiation period will alleviate administrative burdens on licensees, avoid unnecessary rebanding expenditures, and provide additional time for resolution of border issues and issuance of frequency designations by the 800 MHz Transition Administrator. MORE 

3.65 GHz Interference Ground Rules Become Clearer

Late last year, FCC released a decision involving claims of interference by competing 3.65 GHz licensees in Puerto Rico. The decision essentially restated what should have been known by all users of this band, specifically that all licensees have an obligation to minimize interference and that there is no "first in time" preference. The FCC also affirmed that parties cannot petition to deny registrations. MORE

Wireless Siting Approval “Shot Clock”

Following years of lobbying by the wireless industry, the FCC adopted a Declaratory Ruling late last year establishing a “shot clock” for State and local government approval of requests for wireless tower approvals. The FCC determined that 90 days for review of collocation applications and 150 days for review of siting applications other than collocations were “presumptively reasonable” amounts of time within which governmental entities should act on those requests. If the governmental entity fails to act within the prescribed period, the applicant can bring an action in court under Section 332(c)(7)(B)(v) of the Communications Act, and the court will determine whether the delay was in fact unreasonable under all the circumstances of the case. The FCC also concluded that it is a violation of Section 332(c)(7)(B)(i)(II) of the Act for a State or local government to deny a personal wireless service facility siting application because service is available from another provider.

Nationwide LPTV Licensing Delayed to July 2010

The FCC has postponed until July 26th, licensing of nationwide first-come, first-served, digital only licensing applications for low power television (LPTV) and TV translator stations. The Media Bureau stated it was necessary to complete the processing of applications that have been filed for rural areas since August 25, 2009. The delay will also allow interested parties additional time to prepare applications for the remainder of the United States. MORE

FCC Seeks Comment on Signal Boosters

On January 6th, the FCC issued a Public Notice seeking comment on several industry Petitions for Rulemaking that seek clarification of the rules regarding proper installation of signal boosters and other wireless amplification devices that are used on frequencies licensed under Parts 22, 24, 27 and 90.  MORE

GLMSS Spring Meeting

The Great Lakes MSS Association (GLMSS) will hold their spring meeting at the Don Cesar Beach Resort in St. Petersburg, Florida, from February 4-5, 2010. EWA will be exhibiting and Mark Crosby will present a regulatory and spectrum initiatives update on Thursday morning. Reservations at the host hotel are available until January 9, 2010. For additional information about the meeting, please visit http://www.glmss.com/spring/spring_2010.htm

“Our License Lapsed”

A Notice of Apparent Liability (NAL) in the amount of $6,400 was issued to Nevada Sun Peak LP, for operating its PLMRS station without Commission authority, and for failure to timely file a station renewal. Nevada Sun Peak operated under call sign WPQE205 until its expiration date of June 7, 2005. Apparently, not until January 30, 2009, did Nevada Sun Peak file a request for Special Temporary Authority (STA), stating that its license had “lapsed” and the STA was necessary for continued operation of its radio facility pending the filing of an application for a new license. The FCC conducted an investigation and Nevada Sun Peak admitted that it utilized station WPQE205 approximately 10-12 times annually between 2005 and 2009. MORE 

“Surprised to Learn”

A Citation was issued to SCS Enterprises, Inc., dba, Spy Camera Specialists, for marketing unauthorized radio devices that operate in the restricted 1.2 GHz band without FCC type acceptance. Spy Camera officials had earlier noted that they were “surprised to learn” that the devices could not be marketed within the United States, and that they had ceased all purchase and sales of such devices. The FCC still thought it best to remind Spy Camera that any further violations could result in forfeitures not to exceed $16,000 for each day of a continuing violation.

FCC Releases Public Notice on Narrowbanding

On December 11th the FCC finally issued its long-awaited Public Notice reminding Part 90 licensees of their narrowbanding obligations. In addition to reaffirming the current deadlines, the FCC provided answers on how licensees may notify the Commission that they are in compliance with the January 1, 2013, deadline; and what will happen to stations that do not meet narrowbanding guidelines.  Read Public Notice

LMCC Comments on National Broadband Plan

In Comments filed on December 21, the LMCC urged the Commission to consider not only the broadband spectrum needs of commercial service providers, but those of public safety, government, critical infrastructure and the business/industrial communities in developing wireless broadband applications to meet their higher level requirements. The LMCC also urged the FCC to protect land mobile operations in the 470-512 MHz band as repurposing of broadcast television spectrum is being considered, and informed the FCC that it is preparing a detailed study on broadband applications and spectrum requirements for government and business users.

Scottsdale Hotel Fined $16,000 by the Enforcement Bureau

The Westin Kierland Resort and Spa in Scottsdale, Arizona was fined by the FCC after a complaint from a General Mobile Radio Service licensee that a business was operating a repeater on 462/467.6125 MHz, a frequency allocated for use within the Family Radio Service. After a little research by the FCC, the Westin acknowledged that they were operating on unlicensed frequencies. The Commission issued a Notice of Apparent Liability (NAL) for $16,000 for the four repeater pairs that were not licensed and not allocated for hotel use. FCC rules specify that only individuals and their immediate family are authorized to operate on 462.6125 MHz.  Read Filing

Need for Competition Highlights Interim Broadband Report

On December 16th, the FCC released an interim report from its broadband task force and an associated New Release in which it outlined the options for the National Broadband Plan it is developing and that must be delivered to Congress is less than 60 days. The report stated that encouraging competition would be a guiding principle of the plan and that “finding ways to better use existing assets, including Universal Service, rights-of-way, spectrum and others, will be essential to the success of the plan.” The FCC acknowledged that the plan may recommend changes in the law, but that such changes should be limited.  Read Filing

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FCC Announces Three Senior Staff Appointments

Federal Communications Commission Chairman Julius Genachowski announced the appointment of Joel Gurin as Chief of the Consumer and Governmental Affairs Bureau, and Thomas Wyatt as Chief of the Office of Workplace Diversity. Stuart Benjamin will be joining the Commission as the agency’s first Distinguished Scholar in Residence. He will reside in the Office of Strategic Planning and will work on spectrum reform, First Amendment issues, and long-term strategy.  Read Announcement

Barnett Sees Challenges to Public Safety Communications with Broadband Expansion

In an address presented at the University of Colorado, James Barnett, Chief of the Public Safety and Homeland Security Bureau, addressed how a broadband world presents the U.S. with challenges and opportunities specific to public safety and homeland security.  MORE 

100% Co-Op on EWA Membership for Kenwood Dealers

Kenwood Dealers can now submit their EWA membership dues for 100% co-op. Contact Nancy Gruen at nancy.grun@enterprisewireless.org or 1-800-886-4222 for membership information and also to learn how EWA's streamlined process will assist in your customer's transition to narrowbanding.

EWA Supports Rulemaking for New 800 MHz Channels

EWA filed Reply Comments supporting the release of an FCC rulemaking to provide for the licensing of new, full-power, interstitial 12.5 kHz channels between authorized 25 kHz band channels in the 854-861/809-816 MHz band. While a little late to the party, API and several other parties raised concerns in their Reply Comments about the interference criteria that would be used to ensure protection of incumbent 25 kHz licensees, including those using other than analog voice technology. In these latest comments, EWA agreed that the entire ESMR allocation in the Southeast should be exempt from any changes contemplated in this potential proceeding, and that the LMCC would be the appropriate entity to identify appropriate frequency certification procedures that would serve to minimize potential interference to incumbent operations.  Read Petition

FCC Announces May 2010 Auction for 35-931 MHz Spectrum

The FCC has announced that it will conduct Auction 87 on May 25, 2010, consisting of 7,752 licenses in the lower paging bands (35-36 MHz, 43-44 MHz, 152-159 MHz, and 454-460 MHz) and 1,851 licenses in the upper paging bands (929-931 MHz). This spectrum may be used for data and two-way voice communications in addition to paging applications.

To view the FCC's Public Notice please see PN (DA 09-2416). Due to the large number of licenses available, spectrum and geography information is contained in a separate "Attachment A" which may be viewed at http://wireless.fcc.gov/auctions/87/.

FCC Solicits TV Band Device Database Managers

The Office of Engineering and Technology (OET) has issued an invitation to designated TV band database manager(s) to file proposals with the Commission by January 4, 2010. Proposals must address how the basic components of a TV band database(s) as required by the Commission’s rules will be satisfied, including a data repository, a data registration process, and a query process, and whether the proponent seeks to provide all or only some of these functions.  Read Filing

FCC Asks for Comment on NPSTC 900 MHz Proposal

The FCC is seeking comment on a Petition for Rulemaking filed by the National Public Safety Telecommunications Council (NPSTC) recommending that the Commission make available for public safety use spectrum allocated for 900 MHz Narrowband PCS service (WT Docket No. 09-217). NPSTC contends that, although the Commission initially envisioned deployment of commercial two-way messaging and paging onto the spectrum, those applications have migrated onto advanced cellular services spectrum. NPSTC recommends that the Commission conduct an audit of the 900 MHz Narrowband PCS spectrum, recover unused or lightly used channels, and make channels available for public safety use. Comments are due on January 8, 2010; Reply Comments are due on January 25, 2010.  Read Filing

TV Spectrum Better Suited for Broadband?

As part of an FCC review of various spectrum bands, the FCC has opened an inquiry to gather specific data on the use of spectrum currently licensed to broadcast television stations. The FCC seeks to understand if all or a portion of the spectrum within these bands could be repurposed for wireless broadband services. The Commission intends to use the data it collects to compare the benefits of spectrum used for over-the-air television broadcasting and those of spectrum used for wireless broadband services. Comments are due on December 21, 2009.  Read Filing

TETRA Association Asks for Waiver

The TETRA Association filed a request for waiver of several FCC rules to allow TETRA technology to be deployed used in the U.S., claiming that there is a “demonstrable need” in the United States for use of the TETRA standard. The filing said the TETRA standard comes close to meeting, but does not meet the Part 90 emission mask requirements.  Read Filing

New Station Class Code for 4940-4990 MHz Public Safety

The FCC’s Public Safety and Homeland Security Bureau has established “FXB” as the new station class code for primary permanent fixed links in the 4940-4990 MHz band (4.9 GHz band). This action follows a determination by the Commission that a new class code for primary permanent fixed stations will assist interested stakeholders as well as the Commission’s licensing staff to distinguish between primary and secondary permanent fixed stations. Secondary permanent fixed stations or links must use the existing station class code, “FXO”.  Read Filing

Genachowski Warns of U.S. Complacency in Innovation

FCC Chairman Genachowski’s “Innovation in a Broadband World” speech was delivered earlier this month during the Innovation Economy Conference in Washington D.C. In his remarks, the Chairman noted that the “right kind of government involvement” is going to lead to increased innovation and job growth.  Read Filing

FCC Enforcement News

The Enforcement Bureau issued a citation to Creative Audio (Creative) for marketing radio frequency devices as video transmitters operating on the restricted frequency bands 1300-1427, 2200-2300, 2310-2390 and 2483.5-2500 MHz. Creative responded to the FCC’s Letter of Inquiry (LOI) stating that they were only the importer of the equipment not the manufacturer, and that the devices had been imported from China and Hong Kong. Creative has subsequently ceased all sales of the video transmitters, dismantled their website and relinquished their domain name. Read Filing

EWA No Fan of NPSTC Narrowband Delay

On November 23rdnd, EWA filed comments in response to the National Public Safety Telecommunications Council (NPSTC) filing of September 29th in which it requested the FCC to issue a stay of the January 1, 2011, interim narrowbanding deadline. Under the current rules, after that date the FCC will no longer accept applications for new wideband 25 kHz operations or modification applications that expand the authorized contour of an existing 25 kHz station. After that date, the FCC also will not permit the manufacture, import or certification of any 150-170 MHz or 421-512 MHz band equipment capable of operating with only one voice path per 25 kHz of spectrum and will require all applications for equipment authorization to specify 6.25 kHz capability. NPSTC stated that this specific deadline will hamper public safety interoperability requirements during the final two years of the narrowbanding transition and will unnecessarily raise costs for public safety users. NPSTC noted, however, that it fully supports the Commission’s established January 1, 2013, deadline by which Part 90 licensees must meet the spectrum efficiency standard of one voice channel per 12.5 kHz of channel bandwidth or better.

EWA expressed concern that any stay of these long-standing deadlines would undermine industry efforts encouraging licensees to plan for and implement the upcoming narrowbanding requirements on a timely basis and would give credence to the possibility that the 2013 deadline would be delayed or stayed entirely. It recommended, to the extent that individual public safety entities could demonstrate a compelling need for relief from these requirements, that such showings should be handled by waiver on a case-by-case basis. Reply Comments are due on December 3rd.

Narrowband Upgrades Now Avoid Canadian Clearance

EWA has received clarification from the FCC that VHF and UHF applications located above Line A that are only adding narrowband emissions to already cleared wideband channels do not require additional Canadian clearance. If the ULS incorrectly submits any such applications to Canada and Canada rejects them, the FCC grants the applications referencing the original wideband clearance. All applications, both Industrial/Business and Public Safety, are being processed in this manner.

EWA Monitors Migratory Birds Proceeding

EWA has been participating in meetings intended to develop an interim approach in deciding whether or not towers are likely to have a significant environmental impact on migratory birds and if such towers should be subject to an environmental assessment. The meetings, sponsored by the FCC’s General Counsel, have included as participants a variety of tower and environmental organizations and stem from a lawsuit filed against the FCC by the American Bird Conservancy. The ABC’s petition claimed that Commission rules and procedures for new towers failed to comport with the National Environmental Policy Act, the Endangered Species Act, and the Migratory Bird Act. The federal appeals court for the District of Columbia agreed with the petitioners and issued a remand for the FCC to reconsider its rules.

FCC Seeks Comment on ‘Digital Democracy’

The FCC is seeking comment on how broadband can help bring democratic processes- including elections, public hearings and town hall meetings- into the digital age, thereby encouraging and facilitating citizen opportunities to engage and participate in their democracy. The request for comment was announced in a Public Notice (DA 09-2431) and stems from a Congressional mandate to the Commission, in its development of a National Broadband Plan, to include “a plan for the use of broadband infrastructure and services in advancing……..civic participation.” Comments are due on December 10, 2009. Read Public Notice

FCC Establishes Time Frame for Tower Application Processing

The FCC has adopted a Declaratory Ruling that clears the way for broadband deployment by establishing timeframes of 90 days for collocations and 150 days for all other tower siting applications reviewed by state and local governments. This action will assist in speeding the deployment of next generation wireless networks while respecting the legitimate concerns of local authorities and preserving local control over zoning and land use policies. Read the News Release
Read the Declaratory Ruling 

FCC Opens Two More Broadband Inquiries

The FCC’s Broadband Task Force is initiating a proceeding to develop research recommendations for Congress to enable the U.S. to advance broadband deployment in the U.S. over the next decade and to be a global leader in broadband networking in the years 2020 and beyond. Comments are due on December 8, 2009. Read Filing The Commission is also seeking comment on broadband and portability of data and their relation to cloud computing, transparency, identity, and privacy. Comments are due on December 9, 2009. Read Filing 

FCC Issues Monetary Forfeiture for Incorrect Coordinates

On November 20, 2009, the Federal Communications Commission (FCC) issued a monetary forfeiture in the amount of $3,200 to Media Logic LLC in Sterling, CO. The forfeiture was due to Media Logic not operating its aural studio-transmitter-link (STL) authorized on callsign WQHV648 at their licensed location. Originally, Media Logic had received a Notice of Apparent Liability for Forfeiture (NAL) for $4,000. The forfeiture was issued due to two inspections of the Media Logic studio by the FCC Denver, CO Enforcement Bureau’s office. They were advised by the FCC that they were approximately two miles from their licensed location. Media Logic argued that the coordinates were provided to them for their license by the owner of the building. It was determined that when the site coordinates were determined that NAD83 data was not used to determine the coordinates to be submitted with the application. The Commission did reduce the forfeiture amount after a review of their records showed that Media Logic had a history of overall compliance and that they admitted they had no knowledge of the violation until the inspection.  Read Filing

EWA Broadband Comments Focus on Enterprise Users

EWA has filed comments in response to the Commission’s Public Notice seeking information on current spectrum allocations for purposes of developing a National Broadband Plan. EWA noted that as the Commission develops its Plan, “... it must ensure that the Plan addresses not only the requirements of commercial wireless service providers for whom the FCC has already allocated over 430 MHz of spectrum, most of which is capable of supporting broadband applications, but also the more particularized needs of business enterprise users, needs that cannot in all cases be accommodated on either commercial or unlicensed broadband spectrum. Read EWA’s Comments

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Successful Enterprise Wireless 2009 Concludes in Atlanta

A solid showing from attendees and a wide variety of exhibitors highlighted Enterprise Wireless 2009 which convened from November 4-6 at the Westin Buckhead in Atlanta. Attendance surpassed expectations, with significant levels of participation in the exhibit hall, in technology and best practices round table discussions, as well as at a special FCC brainstorming sessions that were held to receive licensee feedback on FCC licensing systems. By popular demand, Enterprise Wireless 2010 will return to Washington, D.C.

EWA Elects New Officers

During the 2009 Annual Board of Directors meeting, that was held during Wireless Enterprise 2009, the Board of Directors elected new officers for 2010. William Landis, TuWay Communications was elected Chair of the Board; Bart Fisher, Fisher Wireless as Vice Chair of the Board; and Catherine Leonard, Comtronics Corporation as Treasurer. Newly elected and appointed members of the Executive Committee, which includes EWA’s elected officers, were Vincent Perez, Valley Vista Services; Alan Van Velkinburgh, Houston 2-Way; David MacDonald, Radio One; Tim Totten, United Parcel Service; and Bob McGowan, FleetTalk Partners.

EWA and Space Data Agreement Provides
Streamlined Access to National Block of Spectrum

EWA has announced an agreement with Space Data to make approximately 2 MHz of 900 MHz nationwide spectrum available to the wireless industry. This unencumbered spectrum is suitable for flexible use including Machine to Machine (M2M) and digital technologies for voice, Push-to-Talk or broadband and video and can be leased or purchased through EWA.

"EWA routinely responds to spectrum availability requests from manufacturers, wireless sales and service providers and large enterprise users of radio spectrum", explained Mark E. Crosby, President and CEO of EWA. "EWA brings expertise in creating a database for the Space Data spectrum and valuable spectrum management services including automated frequency coordination. This Space Data spectrum will be of great interest and a valuable asset to EWA members and customers."

"EWA's well earned reputation for spectrum expertise, from identifying frequency availability to ensuring best and highest use, is among the reasons we created this partnership," according to Jerry Knoblach, Chairman and CEO, Space Data. "We are enthusiastic about EWA's national presence, unique expertise and broad access to potential customers."

EWA Presents Narrowbanding and Regulatory Topics in October Webinars

In a webinar with a record setting 500 plus attendees, Mark Crosby, President/CEO, EWA, with panelists Ralph Haller, NPSTC, Tracy Simmons and Roberto Mussenden with the FCC, presented information on narrowbanding. The October 28 webinar was organized by Urgent Communications and sponsored by Kenwood USA. Panelists discussed the upcoming January 1, 2013, deadline for radio systems in the 150-170 and 421-512 MHz bands to migrate from 25 kHz bandwidth to 12.5 kHz channel efficiency or equivalent. More than 200 questions came in during the webinar from the attendees.  Read Webinar Overview.

On the same day, Mark presented a custom webinar called "Wireless Spectrum Updates and FCC Current Events" for the customers and staff of Day Wireless of Milwaukie, OR. Day Wireless attendees were given insights into the new FCC Chairman, Commissioners and Bureau Chiefs and updates on regulatory activities and initiatives. Custom webinars can be requested by EWA members by contacting the membership department at 800.482.8282.

Industry Comments Support EWA’s 800 MHz Petition

On November 9th, a number of critical industry organizations encouraged the Commission to issue a Notice of Proposed Rulemaking that seeks comment on proposals suggested by EWA that would support new technologies and greater spectrum efficiency at 800 MHz. This industry support was in response to a joint PSHSB and WTB Public Notice requesting comments on EWA’s Petition for Rulemaking requesting the FCC to initiate a proceeding to provide for the assignment of new, full-power interstitial 12.5 kHz frequencies between currently authorized 25 kHz bandwidth channels at 854-861/809-816 MHz. Comments may be viewed at http://fjallfoss.fcc.gov/ecfs2/proceeding/view?name=RM-11572

Applications Being Accepted for Additional Vacated Sprint Nextel Spectrum

The Public Safety and Homeland Security Bureau announced they will begin accepting applications for the second group of 800 MHz Sprint Nextel vacated spectrum for public safety agencies on December 2, 2009. EWA will accept applications immediately and conduct frequency coordination for frequencies at locations identified in Table One of the FCC Public Notice, DA 09-2301 Read PN. This release of Sprint Nextel 800 MHz spectrum provides for five frequency blocks within the 854.500 -860.000 MHz band.

These vacated Sprint Nextel frequencies are limited to public safety entities only for the first three years after the opening of the filing window on December 2, 2009. The Commission requires that by 12:00 PM EST on November 12, 2009, the frequency coordinators must notify each other of the applications that will be submitted to the FCC. This notification allows the coordinators to address and resolve any conflicting applications before they are filed with the Commission. For more information please contact Ila Dudley with EWA at 703-797-5126 or by e-mail at ila.dudley@enterprisewireless.org.

FCC Seeks Comment on NPSTC Delay Request

The FCC has released a Public Notice seeking comment on a Petition for Stay filed by the National Public Safety Telecommunications Council (NPSTC) seeking to delay the implementation of the Commission’s 2011 interim narrowbanding dates in the VHF and UHF bands. NPSTC has argued that the interim deadlines, if enforced, will hamper public safety interoperability during the last two years of the transition and unnecessarily raise equipment costs. NPSTC does not seek to delay the final January 1, 2013 narrowband transition date. Comments on NPSTC’s petition are due on November 23, 2009. Reply Comments are due on December 3, 2009. Read FCC PN

CEA v NAB

The Consumer Electronics Association (CEA) recently released a study in which it urged the FCC to initiate immediate action to assess spectrum usage and determine how additional spectrum can be allocated for wireless broadband and other uses. CEA studied the value and efficiency of use of the broadcast TV spectrum, which currently occupies nearly 300 megahertz and, not surprisingly, concluded that the spectrum might be used more productively for wireless communications. The National Association of Broadcasters issued a statement noting that the CEA study ignored “the public benefit of a vibrant free and local broadcasting system that is ubiquitous, reliable as a lifeline service in times of emergency, and flexible enough to include HDTV, diverse multicast programming and mobile DTV.

Distracted Driving

A new issue that bears close observation at the FCC and on Capitol Hill is distracted driving and the public danger it poses. EWA intends to watch this carefully because inartful drafting by either Congress or the FCC could result in prohibitions against using efficient data transmission on private land mobile spectrum.

FCC Seeks Comment on EWA’s 800 MHz Petition

On October 8th, the Public Safety and Homeland Security Bureau (PSHSB) and Wireless Telecommunications Bureau (WTB) jointly issued a Public Notice requesting comments on the April 29th EWA Petition for Rulemaking requesting the FCC to initiate a proceeding to provide for the assignment of new, full-power interstitial 12.5 kHz frequencies between currently authorized 25 kHz bandwidth channels at 854-861/809-816 MHz. The Public Notice referenced EWA’s assertion that the creation of new 12.5 kHz bandwidth channels will provide greater spectrum efficiency, permit the development of new analog and digital technologies, and provide a viable spectrum alternative to new entrants without compromising incumbent operations. Earlier, the Telecommunications Industry Association endorsed EWA’s Petition and had urged the Commission to expeditiously seek public comment on this spectrum initiative. Comments on the Petition are due on November 9th and Reply Comments are due on November 24th.
Read Filing

Narrowbanding Public Notice

EWA has verified with the Wireless Telecommunications Bureau that prior to December 31, 2009, that the FCC will issue a Public Notice addressing narrowbanding licensing requirements. It is doubtful that the FCC will identify automatic license cancellation as a potential consequence for licensees that fail to meet the January 1, 2013, obligatory deadline.

EWA Outreach

EWA staff is back on the road with presentations this week before customer gatherings of The Cambridge Group in Houston and Dallas, Texas. EWA will also be attending Motorola Road Shows in Orlando, Florida, Chicago, Illinois and Las Vegas, Nevada, over the next couple of weeks. Finally, EWA will be a participant in Penton Publishing’s October 28th webinar on narrowbanding requirements. We look forward to meeting with many of our members.

700 MHz Public Safety Spectrum

The FCC has received comments from a number of parties on the thirteen pending public safety waiver requests seeking access to 700 MHz spectrum for broadband use prior to disposition of the D Block and the public/private partnership arrangement previously authorized. Waiver proponents, public safety entities and organizations, equipment vendors and commercial carriers all weighed in with most parties favoring a defined waiver process for early builds that meet established criteria. It is understood that the D-Block decision will be contained within the FCC’s National Broadband Plan that is due at Congress on February 10, 2010.

900 MHz NPSTC Petition

On October 1st, The National Public Safety Telecommunications Council (NPSTC) filed a Petition for Rulemaking asking that the FCC audit the 900 MHz narrowband PCS spectrum in the 901-902, 930-931 and 940-941 MHz bands, and identify and make available 5 channels in every market for public safety alerting systems. This spectrum was originally auctioned in 1993. Read Filing

NPSTC Seeks Stay of Interim 2011 Narrowbanding Deadlines

NPSTC has petitioned the FCC to stay certain interim narrowbanding deadlines, but did not ask for a stay of the Commission’s January 1, 2013 final narrowbanding deadline. The petition states that “NPSTC believes certain interim deadlines effective Jan. 1, 2011, will hamper public-safety interoperability during the final two years of the transition and will unnecessarily raise costs for public-safety users.” Further, NPSTC stated that a stay of the interim dates is needed to address user operational requirements during the transition and to minimize unnecessary costs because numerous state, county, and city governments are dealing with current economic constraints.
Read Filing

Programming Unauthorized Channels Results in Violation

A radio dealer received a Notice of Violation from the FCC for programming an unauthorized frequency into an existing customer’s radio. While researching a complaint of unauthorized transmissions, the Commission identified and contacted the offending licensee. At that point, the customer advised the FCC that their radio dealer had programmed the unauthorized frequency into their radios and the dealer confirmed that they had not reviewed the customer’s license before they added the frequency. The dealer was cited for violating FCC Rule Section 90.427(b), which specifically states that “Except for frequencies used in accordance with Sec. 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.”

In another matter, the FCC Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (NAL) for $5,000 to a licensee who had allowed their license to expire, but had continued to operate. The FCC had received a complaint concerning the use of the expired radio license, and after being contacted by the FCC’s Enforcement Bureau, the former licensee stated that their system had been in use for eight years and that they did have a license but were unable to provide a copy to the agent. After the FCC issued a Letter of Inquiry (LOI) the former licensee said that they located their license, but that it had been expired for over three years. The licensee was found to have violated Section 301 of the Communications Act, operating without an authorization.

EWA Spectrum Solutions can help you ensure that your customers’ licenses remain current and in compliance with FCC rules. Contact Nancy Gruen at 800 482 8282 or at nancy.gruen@enterprisewireless.org today.

Wireless Innovation Critical to Business Enterprises

The FCC initiated a Wireless Innovation and Investment Notice of Inquiry in late August that seeks to identify specific measures the Commission might take to support and encourage further innovation and investment in the wireless marketplace. Of course, EWA filed its comments and the challenge was to shift through literally hundreds of questions the Commission posed, and to select those where EWA might provide meaningful comments. Among other points EWA raised, it was noted that the impact of wireless innovation is at least as significant in the business sector as it may be in the consumer market, and it is critical for the FCC to respond promptly to regulatory matters to foster innovation in the wireless marketplace. MORE

EWA Introduces Enhanced Canadian Concurrence Process

For both business enterprises and wireless service providers who conduct business near the U.S. – Canadian border, it is well known that securing Canadian concurrence to operate a wireless system can be burdensome and time consuming despite best frequency coordination practices. To help increase the chances for a favorable Canadian response, EWA has initiated a new and more robust frequency coordination process option. While Canadian responses can be unpredictable, EWA believes this enhanced effort will facilitate the grant of license authorizations here in the U.S. The process will include identifying Canadian incumbents on all selected frequencies and performing multiple Longley-Rice propagation analyses to show that the interference potential is either remote or virtually non-existent. An additional fee will be charged to conduct this Processing Alternative, and applicants may continue to elect to proceed with their frequency coordination without the additional level of analyses in support of their applications. MORE

FCC to Conduct Brainstorming Session at EWA Conference

The FCC will be sponsoring a brainstorming session seeking feedback on its current licensing systems on November 5th during the Enterprise Wireless 2009 conference in Atlanta, Georgia. According to the FCC, attendees are encouraged to provide comments and recommendations regarding what they like about current FCC licensing systems, what they don’t like and any suggestions for improvement. Pat Rinn, Deputy Chief Information Officer in the Office of Managing Director, will be conducting the session. 

FCC Launches Proceeding on Sufficiency of Broadband Spectrum

It seems that the FCC is concerned that the United States will not have sufficient spectrum available to meet demands for wireless broadband in the near future. In this new proceeding, the Commission seeks comment on whether current spectrum allocations, including but limited to those below 3.7 GHz, are adequate to support near and long-term spectrum requirements. The Commission also noted that it is not only looking for new sources of spectrum, but also ways to use spectrum more efficiently. Comments are due on October 23, 2009.  MORE

TIA Supports EWA 800 MHz Petition

In a letter dated September 29th, the Telecommunications Industry Association (TIA) has urged the FCC to expedite the release of EWA’s Petition for Rulemaking for public comment and to initiate a Notice of Proposed Rulemaking that endorses EWA’s proposals. EWA has suggested in its April 2009 Petition that the Commission should enable the assignment of new, full power interstitial channels between currently authorized channel assignments. TIA agreed that the creation of new channels in the 854-861/809-815 MHz bands will promote greater spectrum efficiency and further encourage the development of new wireless technologies critical to incumbent operators that need to expand current operations and also to new licensees who seek reliable spectrum alternatives.  MORE

NPSTC Seeks Stay of January 2011 Narrowbanding Deadline

We suspect that it was inevitable, but the National Public Safety Telecommunications Council (NPSTC) has requested the FCC to expeditiously issue a Stay of the January 1, 2011, interim narrowbanding deadline. NPSTC stated that this specific deadline will hamper public safety interoperability requirements during the final two years of the narrowbanding transition and will unnecessarily raise costs for public safety users. NPSTC noted, however, that it fully supports the Commission’s established January 1, 2013, deadline by which Part 90 licensees must meet the spectrum efficiency standard of one voice channel per 12.5 kHz of channel bandwidth or better.  MORE

Chairman Announces More New Staff

Chairman Julius Genachowski has announced more new senior staffers at the FCC. Among those appointed was Monica Desai who will be serving as Deputy Chief of the Wireless Telecommunications Bureau. Other appointments were made in the Wireline Competition Bureau and the Consumer and Governmental Affairs Bureau.  MORE

EWA Advises Against Med Devices at UHF 

EWA filed comments with the FCC suggesting that it is incumbent upon the micro-power network (MMN) advocates to demonstrate why bands already allocated for medical device uses cannot be used for their new technologies. Because the 451-457 MHz band is one of the most congested spectrum areas in use by land mobile users, EWA stated that before a secondary allocation of the 451-457 MHz band can be considered, there must be a technical basis for concluding that MMNs will be able to reject interference from primary Part 90 systems, and not cause interference to those systems. EWA’s Reply Comments came in response to the FCC’s rulemaking (ET Docket No. 09-36) that sought comment on allowing broadband wireless medical devices access on a secondary basis to four 6 MHz blocks of spectrum to accommodate multiple network implanted devices. MORE

EWA Urges Review of CPNI Rules

Customer Proprietary Network Information (CPNI) rules should be re-examined and modified to exempt at least those telecommunications carriers whose systems are not interconnected with the PSTN and, preferably, those whose systems do not assign individual telephone numbers to customers with ancillary interconnect capability according to EWA. These views where expressed by EWA in response to the Commission’s annual review of its rules (CB Docket No. 09-102) which are likely to have significant economic impact on a substantial number of small entities. MORE

FCC Releases New Fee Filing Guide

New fees, effective September 10, 2009, are in the FCC’s revised wireless application fee filing guide found at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292948A1.pdf There are no changes in the fees associated with the Part 90 Land Mobile Radio Service. The fees for applications for new ten year licenses and renewals below 470 MHz remain at $260, while those applications above 470 MHz remain $460. The fee for the modification of a license continues to be $60. The fee filing guide can be used as a reference to identify and describe the entire fee filing requirements for licenses issued, and services provided by the Wireless Telecommunications Bureau through the Universal Licensing System (ULS). You can visit the Forms and Fees website http://wireless.fcc.gov/index.htm?job=forms_and_fees for a breakdown of the types of applications, the related form numbers, and the on-line filing requirements.

FCC Expands Social Media Presence

Continuing its use of new media to increase public participation, the FCC has launched a presence on the crowd-sourcing platform, Ideascale, at http://broadband.ideascale.com/. Crowd-sourcing allows an online community to discuss, evaluate and rank ideas. The FCC will also be launching on Facebook and YouTube, with links through www.fcc.gov/connect/. The FCC is also launching www.fcc.gov/rss as a central repository of data feeds from the agency. Though the FCC launched a general RSS feed in August, the addition of 48 feeds, with more scheduled to come, provides more robust access. FCC Chairman Julius Genachowski posted his first video blog on the FCC’s Blogband page, http://blog.broadband.gov/?page_id=185.

ULS Upgrade Specifically Addresses Public Safety

To enable Commission staff to more effectively provide immediate assistance and outreach to licensees in times of emergency, the Public Safety and Homeland Security Bureau (Bureau) has enhanced the Universal Licensing System (ULS). As of September 14, it is designed to collect operational point of contact information from public safety licensees and non-public safety licensees designated as emergency first responders responsible for coordinating with state, county and local authorities during times of emergency. MORE 

Fostering Innovation in Wireless Marketplace

The FCC initiated a Notice of Inquiry to investigate how its regulatory processes might do a better job of fostering innovation and investment in the wireless marketplace. Comments are due September 28th and Reply Comments October 12th. The NOI raises a number of questions about current spectrum management practices, the issues involved in making spectrum available for new uses, access barriers to spectrum, interference protection and other matters of importance to EWA members. MORE 

EWA Seeks a Break on CPNI Rules

As a part of the FCC’s review process to “determine whether rules should be continued without change, or should be amended or rescinded consistent with the Regulatory Flexibility Act”, EWA filed comments with the FCC suggesting that the current regulatory provisions governing CPNI have the type of adverse impact on certain small telecommunications carriers that the Act was intended to prevent. EWA noted in its comments that at times the FCC has provided different answers as to who must file CPNI certifications, and something must be amiss when the FCC issues hundreds of forfeitures for non-compliance.  MORE

September 22 is Deadline for Mandatory Use of Fee Filer System

For companies that provide telecommunications services that are interconnected with the public-switched telephone network (PSTN), the FCC has announced the mandatory use of the Commission’s Fee Filer System found at www.fcc.gov/feefiler. The FY 2009 regulatory fees are due by September 22, 2009 at 11:59 p.m. ET. Any payments received after that time will be assessed a 25% late payment fee.

The Fee Filer is utilized by the Commission to capture information regarding a regulatee or licensee’s regulatory fee obligation. Fee Filer provides for payment of fees online by credit card, online payment from a bank account or the payee can mail a check or send a wire. All 2009 regulatory fees should be paid through the Regulatory Fees section of the Fee Filer. Contact the Financial Operations Help Desk at 1-877-480-3201, option (4) or by email at arinquiries@fcc.gov if you have any questions about or need assistance with Fee Filer or contact EWA.  MORE

FCC Seeks to Define Broadband

The FCC issued a Public Notice on August 20, 2009 requesting targeted comments on how to define “broadband” for the American Recovery and Reinvestment Act (ARRA) of 2009 and other purposes. It remains to be seen if the FCC’s definition will vary significantly from the one already adopted by the National Telecommunications Information Association (NTIA) and Rural Utilities Service (RUS) for the first $4 billion in stimulus funding, and the initial round of applications for those loans and grants have already been submitted. MORE

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FCC Seeks Comment on 700 MHz Public Safety Waivers

The FCC issued a Public Notice inviting comment by October 16 , 2009 on the various petitions for waiver that have been filed by states, counties and cities seeking access to the 700 MHz public safety spectrum designated for broadband use. This is pursuant to an authorization by the Public Safety Spectrum Trust and/or the adjacent D Block spectrum that is still scheduled to be paired with the public safety spectrum and utilized in a combined network pursuant to a public/private partnership.  MORE

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More Than 2,000 Applications Received for Broadband Projects

Over 2,200 applications requesting nearly $28 billion in funding for proposed broadband projects were received by the National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS). The applications were received in response to the first $4 billion round of funding allocated as part of the American Recovery and Reinvestment Act (ARRA). Applications came from state, local and tribal governments, nonprofits, universities, hospitals and public safety organizations.  MORE

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Broadcast Groups Oppose LMCC Request for Stay

In an ex parte letter filed in opposition to the LMCC’s Petition for Stay of the Digital Low Power Television filing window, the Association for Maximum Service Television (MSTV) and the National Association of Broadcasters (NAB)stated that the petition was filed at the “eleventh hour”, but did not address the technical merits of LMCC’s argument. LMCC requested the stay in order to give the Commission the opportunity to improve the currently inadequate protection criteria for private land mobile stations operating on channels 14-20 in the shared TV band.

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“State of the Industry” Quotes From EWA Members

EWA Board Members Mark Jasin, Senior Vice President and General Manager, Kenwood USA Corp., Communications Sector and Rick Smith, Telecommunications Engineer with Chevron, were interviewed for the 2009 Mission Critical Magazine annual State of the Industry. Excerpts of their full interview were featured on line in “Users Detail Biggest Communications Challenges”, and “What FCC Policy Has Had the Most Impact this Year”. The full article is available in the September print and digital editions. MORE

Additional Nominations Sought for Council

The FCC has issued a Public Notice noting that they are seeking additional nominations for membership on the Technological Advisory Council until September 30, 2009. The Council was established as part of the Commission’s effort to develop a plan that fosters broadband access throughout the country. MORE

White Spaces and T-Band Geographic Expansion

EWA recently met with the senior staff of the FCC’s Office of Engineering and Technology to discuss developments regarding the use of the TV white space spectrum and to share EWA’s thoughts about the NPSTC Petition for Rulemaking to expand the areas within which PLMR licensees are permitted to deploy 470-512 MHz base stations. EWA is tracking these issues closely as both proceedings have the potential to provide new spectrum opportunities for the business enterprise and commercial radio markets.

LMCC Opposes Medical Devices in UHF Spectrum

LMCC filed Comments on August 11th suggesting that the already congested UHF spectrum would not be a prudent location for implanted medical device uses given the great potential for interference to such from incumbent operations. These comments were filed in response to the FCC’s Notice of Proposed Ruling in which it proposed to allow up to 24 MHz of spectrum in the 413-457 MHz band to be used for implanted medical devices on a secondary, non-interference basis under the existing Medical Device Radiocommunication Service in Part 95. Reply Comments are due on September 10. MORE

LMCC Seeks to Delay Applications for Digital LPTV

Fearing that unnecessary interference will be caused to incumbent land mobile systems that are operating on TV channels 14-20 in eleven major cities from the deployment of new low power, digital television and TV translators, the Land Mobile Communications Council filed a petition to stay the receipt of new “Digital LPTV Service” applications. The FCC had announced two filing windows for such applications, the first for rural applicants on August 25, 2009; and an unrestricted filing date on January 25, 2010. MORE

Who are Critical Infrastructure Industries?

There seems to be a debate brewing about which entities should be entitled to receive the Critical Infrastructure Industries (“CII”) moniker. It seems the National Spectrum Management Association has suggested that the FCC should include telecommunication providers as CII components. The Utilities Telecom Council said such a development would serve to “dilute the meaning of CII.” All of this is an interesting discussion as the FCC has yet to earmark any spectrum for exclusive CII use. MORE

FCC Launches “Blogband”

To stimulate public dialogue over the development of a National Broadband Plan, the FCC has launched a new blog called “Blogband” to chronicle the development of the plan and to invite readers to comment. In his first posting to Blogband, FCC Chairman Genachowski stated that “the feedback, ideas, and discussions generated on this blog will be critical in developing the best possible National Broadband Plan.” The blog can be found at http://blog.broadband.gov.

FCC Lowering Some CPNI Fines

The FCC’s Enforcement Bureau has entered into Consent Decrees with several organizations that the FCC determined had failed to file their 2007 Customer Proprietary Network Information (“CPNI”) certifications on time and that had been assessed $20,000 fines as a consequence. In each case, the licensee essentially acknowledged its failure to timely file the certification, agreed to adopt internal processes to preclude such filing failures in the future, and agreed to make a “voluntary contribution” to the Federal Treasury in the amount of $1,000. The FCC has not yet announced what action it plans to take with respect to the many other licensees that sought reconsideration of the Enforcement Bureau’s Notice of Liability for Forfeiture based on delinquent CPNI certifications.

Commerce Department Endorses Spectrum Auctions and User Fees

The U.S. Department of Commerce has proposed granting the FCC permanent authority to auction spectrum licenses, and granting the Commission new authority to charge user fees. These proposals were included in draft legislation submitted to Vice President Biden in his capacity as President of the U.S. Senate. In its July 22nd letter to Biden, the Department of Commerce suggested that Congress should amend the Communications Act of 1934 to accommodate the proposals which “will improve management of the radio spectrum and represent sound economic policy”. MORE  MORE

FCC to Collect Broadband Data

As part of its effort to develop a comprehensive broadband plan for delivery to Congress by February 17, 2010, and to provide a broadband report to Congress by February 3, 2010, as directed by Section 706 of the Communications Act, the FCC has adopted its sixth inquiry into the state of broadband in the country. This most recent Notice of Inquiry adopted on July 31st is intended to enable the FCC to collect more detailed information. Comments on this aspect of broadband deployment are due September 4, 2009, with Reply Comments due on October 2, 2009. MORE

Recent FCC Enforcement Actions

The FCC has issued a monetary forfeiture in the amount of $5,000 to Bear Creek Resort of Macungie, Pennsylvania for “willfully and repeatedly operating radio transmitting equipment on the frequency 462.500 MHz without a license.” It is uncertain how or why the units were tuned to 462.500 MHz. Evidently, the resort advised the Commission in its defense that it had acquired the units through the internet and the vendor had failed to mention the requirement to secure an FCC license. Not unexpectedly, the Commission advised Bear Creek that, “the owner and operator of the radio equipment not its radio vendor is responsible for complying with all applicable FCC rules.” MORE

In another matter, Sims Metal East, LLC, the licensee of private land mobile station KNEM713 in Jersey City, New Jersey, has received a monetary forfeiture in the amount of $4,000 from the FCC. This forfeiture was issued after Sims received two verbal warnings and a Notice of Violation in April 2008, for willfully and repeatedly operating mobile units and a mobile relay station on unauthorized frequency 464/469.400 MHz. The initial Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $4,000 was issued to Sims on October 3, 2008. Despite evidence that Sims received the NAL, the FCC found that Sims did not file a response and, as a result, the FCC affirmed the forfeiture on July 28, 2009. MORE

New FCC Commissioners Bring FCC to Full Strength

Mignon Clyburn and Meredith Baker both have been sworn in and have taken their seats as FCC Commissioners bringing the agency back up to full strength for the first time since this past January. In the meantime, Chairman Genachowski has moved quickly to fill key positions at the Commission. In addition to the Wireless Telecommunications Bureau (WTB) appointments reported in the last Insider™, recent appointments of importance to members have been:

Public Safety and Homeland Security Bureau (PSHSB)

Rear Admiral (ret.) Jamie Barnett – Chief

David Furth – Deputy Chief

Jennifer Manner – Deputy Chief

Office of Strategic Planning (OSP)

Paul de Sa – Chief

Jonathan Baker – Chief Economist

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Broadband Stimulus Funding Application Deadline

Applications for the first funding allotment of broadband stimulus grants and loans are to be filed by August 14, 2009. This is for the first $4 billion of the $7.2 billion allocated for expanding broadband access under the American Recovery and Reinvestment Act (ARRA) of 2009. National Telecommunications & Information Administration (NTIA) and the Rural Utilities Service (RUS) have released their joint Notice of Funds Availability (NOFA), which establishes the rules and criteria used to govern both broadband stimulus programs. It also defines the obligations, legal, regulatory and financial, that will apply to those who secure funding under these programs. MORE

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Broadband Plan Staffing Announced

FCC Chairman Genachowski has named his senior staff that will be tasked with developing the National Broadband Plan. The staff includes an impressive list of technologists, economists, attorneys and current FCC staffers. The FCC is required to submit its broadband plan to Congress by February 17, 2010. MORE

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FCC Issues Final 2009 Fee Order

In the end, the degree of sophistication needed to collect $341,875,000 in 2009 as required by Congress is simply that the FCC increased its fees by 9.6%, and then divided the amount by the “number of payment units in each fee category to determine the unit fee.” Perhaps in the near future the FCC will revisit the methodology it uses to collect its fees. MORE

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800 MHz Vacated Spectrum

It is anticipated that the FCC will release the second stage of 800 MHz vacated spectrum perhaps late this month, but no later than mid-August 2009. This spectrum is available for public safety entities that seek to either establish a new or to expand an existing 800 MHz system. Since January 2009, EWA has been coordinating Public Safety applications that request access to the Sprint 800 MHz vacated spectrum. Please contact Ms. Ila R. Dudley, Vice President of Spectrum Management at 800 482 8282 or at ila.dudley@enterprisewireless.org should you have any questions regarding frequency coordination and licensing procedures.

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“There is Still Time to Apply” is the Message of Broadband Stimulus Funding Teleconference

Over 100 participants engaged in a July 13 teleconference on funding criteria, rules and procedures for broadband stimulus initiatives sponsored by Enterprise Wireless Alliance (EWA) and Wiley Rein, LLP, a leading telecommunications law firm. Participants represented wireless sales and service providers, city and county governments, manufacturers and engineering consulting firms. Detailed instructions, including advisories and criteria, for qualifying and applying for the American Recovery and Reinvestment Act (ARRA) broadband stimulus funds were presented. Bennett L. Ross of Wiley Rein, which is assisting companies with the application procedure, stated that if a company did start today with the process, they could still likely meet the application deadline of August 14, 2009. Click here to download the PowerPoint presentation with content from the teleconference.

Nearly $7 Billion in ARRA funds are available through the National Telecommunications & Information Administration (NTIA) and Rural Utilities Service (RUS).

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Interference Resolution

As many of our readers know, in accordance with a Memorandum of Understanding executed with the FCC years ago, EWA is obligated to review and recommend remedial solutions when instances of harmful interference are brought to its attention. Since interference can be caused from a multitude of events, technical or otherwise, it can be a challenge to resolve matters to everyone’s satisfaction.

Recently, a major communications service provider in northern California asked for our assistance with an entity that was operating a continuous squelch data system transmitting on the identical channel as his system’s control frequency. The data system was being used to monitor and relay weather conditions within vineyards. Fortunately, in this instance, all parties are cooperating towards a favorable outcome including the data equipment vendor. Specifically, the data system will be modified to data-only channels so that they may have primary use status, and the communications provider has agreed to limit their use of their exclusive channel until the transition concludes over the next few months. In future issues, we will feature other EWA interference cases. Not all of them have a positive ending.

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Milkman Named WTB Chief

Chairman Genachowski announced on July 16th that he has appointed Ruth Milkman as Wireless Telecommunication Bureau Chief. The Chairman also announced other members of the WTB senior leadership team, specifically James Schlichting as Senior Deputy Chief; Renee Roland Crittendon as Deputy Chief; and John Leibovitz as Deputy Chief. “This bureau will play a pivotal role in promoting innovation, competition, job creation and investment in the wireless sector,” stated the Chairman. “I am delighted to have a Wireless Telecommunications Bureau team with the expertise to help seize the opportunity for the United States to lead the world in mobile communications.” Click here (FCC News Release)

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Radio Spectrum Inventory Act Advances

The Senate Commerce Committee has approved the Radio Spectrum Inventory Act (S. 649) which would give the National Telecommunications and Information Agency and the Federal Communications Commission 180 days to present to Congress a complete inventory of the radio frequencies those agencies manage from 300 MHz to 3.5 GHz. The inventory must include who owns the licenses and how they are being used, as well as estimates on the amount of unauthorized spectrum use. Television and radio bands are also subject to the Act. The bill is sponsored by Senators John Kerry (D-MA) and Olympia Snowe (R-ME). Click here (copy of S.649)

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DHS Announces Multi-Band Radio Testing

The U.S. Department of Homeland Security’s (DHS) Science and Technology Directorate has announced the 14 lead organizations for the upcoming pilot phase of testing and evaluation (T&E) for the Multi-Band Radio project. The pilot comprises the final phase of a three-part T&E process that includes laboratory testing, short-term demonstrations, and pilot projects. The radios operate in the 136-174 MHz, 360-400 MHz, 402-420 MHz, 450-512 MHz, 700 MHz and 800 MHz bands. MORE

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EWA and Wiley Rein Broadband Stimulus Teleconference

Mark your calendars for July 13, 2009, at 2:00 PM (EDT) for a one hour teleconference on the latest information for the acquisition of broadband stimulus funding. Hosted by EWA and leading telecommunications law firm Wiley Rein, you will be presented with the information you need to know about the American Recovery and Reinvestment Act (ARRA) and the two stimulus programs funding programs being administered by the National Telecommunications & Information Administration (NTIA) and the Rural Utilities Service (RUS).

With the first deadline for submission coming mid-July, don’t miss this opportunity to learn the requirements to submit an application for stimulus funding. To secure your space on the teleconference, contact Louise Hippolyte, Membership Services Administrator, at EWA at 703.797.5106 or at Louise.Hippolyte@enterprisewireless.org to sign up by July 12, 5:00 PM (EDT). Further announcements and materials concerning the teleconference will be provided to those who register.

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EWA Engaged in CPNI Rule Review

EWA is in the process of reviewing some of the FCC’s current rules originally adopted in 1998 to determine whether they should be modified or eliminated. Of particular interest to EWA are the Customer Proprietary Network Information (CPNI) rules that were the genesis of more than 500 fines of $20,000 each earlier this year. This review comes in response to the FCC’s annual request for such review, issued on June 24th. Comments will be due 60 days after the item is published in the Federal Register. MORE

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FCC Extends Deadline for Broadband Reply Comments

EWA, as well as 500 other entities and individuals, have filed Comments responding to the FCC’s Notice of Inquiry entitled “A National Broadband Plan for Our Future”. Based on the number and complexity of the filings, the FCC has extended the Reply Comment deadline until July 21st, a shorter extension than several parties had requested, in part because the FCC is itself operating under a statutory deadline to submit its report to Congress by Feb. 17, 2010. MORE

Genachowski New Chairman of the Federal Communications Commission

After being confirmed by the U.S. Senate, Chairman Julius Genachowski’s first order of business was to announce the members of his  staff including Edward P. Lazarus who will serve as Chief of Staff and Mary Beth Richards who will serve as Special Counsel to the Chairman for FCC Reform. He then met with the FCC staff on June 30, 2009, and commented, “The depth and the breadth of knowledge about communications and devices – in this room, this building, and in FCC offices across the country – are vast. You are not only America’s experts on these critically important matters, you are the world’s.” MORE

800 MHz Sprint Vacated Spectrum Coordinator Issues Resolved

The Public Safety Communications Council (PSCC) has notified the FCC that the Frequency Advisory Committees have resolved all issues and concerns regarding the Memorandum of Agreement (MOA) for processing applications for 800 MHz spectrum vacated by Sprint Nextel and provided the FCC with a copy of the revised MOA. This resolution should enable the FCC to continue to make additional 800 MHz Sprint vacated spectrum available for coordination. EWA continues to coordinate Public Safety eligibles on the Stage One frequencies that were announced by the FCC in December 2008. EWA submitted their first 800 MHz public safety application on January 28, 2009.

800 MHz “True-Up” Date Extended

The FCC has again postponed the 800 MHz rebanding financial reconciliation “true-up” date from July 1 to Dec. 31, 2009. The FCC also directed the Transition Authority (TA) to file a report by Nov. 2nd with its recommendation on whether the true-up date should occur on Dec. 31, 2009, or be further postponed. Based on the number of 800 MHz incumbents expected to seek extensions of their rebanding deadlines beyond July 7, 2009, further delays in the true-up are expected. MORE

FCC Rules on Florida Rebanding Prior Approval Case

Sprint Nextel was not responsible for the cost of a ”third touch” in Flagler County, FL’s rebanding of its 800 MHz system to remove the County’s old NPSPAC mutual aid channels, which the FCC determined could be removed during normal radio maintenance. The FCC’s decision was based on the fact that the County’s Frequency Reconfiguration Agreement (FRA) with Sprint Nextel specified that these channels would be removed during the ”second touch” of the radios and Flagler did not request approval of a Change Notice by Sprint Nextel and the TA before unilaterally deciding not to remove the channels during that process. 

While the Change Order process can be contentious and time-consuming, this Order puts 800 MHz incumbents on notice that prior approval should be pursued before deviating from the terms of agreements negotiated with Sprint Nextel and approved by the TA. MORE

Wave 4 Border Area Negotiation Period Extended

The Public Safety and Homeland Security Bureau has once again extended the 800 MHz rebanding negotiation period for Wave 4 border area NPSPAC and non-NPSPAC licensees along the U.S.-Mexico border until October 1, 2009. MORE

AAPC’s Inaugural Global Paging Convention A Success

The American Association of Paging Carriers (AAPC) and the European Mobile Messaging Association (EMMA) co-hosted the first Global Paging Convention in Montreal, Canada on June 17-19. Carriers, manufacturers, suppliers and resellers from fifteen countries joined together to showcase their emerging technologies and applications, and to learn innovative approaches for wireless messaging from numerous educational sessions. MORE

EWA Champions Business Users in Broadband Comments

EWA recommended that as the “Commission develops its National Broadband Plan, attention should be given to establishing the foundation upon which all businesses can have the communications tools needed to help regain economic strength” and that would include the “nation’s enterprise businesses and critical industries” in comments filed June 8. Noting that essential private internal communications systems also produce “tangible economic benefits for the nation”, EWA also highlighted the spectrum allocation disparity between commercial service providers who have over 430 MHz of spectrum and the 30 MHz of spectrum allocated to essential private internal communications systems. EWA’s Comments were filed in response to the FCC’s Notice of Inquiry entitled ”A National Broadband Plan for Our Future.” MORE

FCC Offers Guidance for 800 MHz Rebanding Waivers

The FCC issued a number of Orders granting waivers for the approximately 500 requests from non-border area 800 MHz public safety licensees who would not meet the June 26, 2008 deadline to complete rebanding by July 1, 2009. Separately, the FCC released an Order and a Public Notice approving waiver requests from licensees who propose to complete their rebanding by October 1, 2009, advising those incumbents of the procedures to use for any further extensions. MORE MORE

AAPC Files Regulatory Fee Comments

The American Association of Paging Carriers (AAPC) expressed disappointment that the Commission has deferred action on proposals to reform its fee calculation methodology. They also shared Acting Chairman Copps’ concern that the regulatory fee framework continues to be based on the communications industry as it existed in 1994. MORE

Genachowski Hearings

The U.S. Senate Committee on Commerce, Science and Transportation last week held their anticipated confirmation hearing for Julius Genachowski, President Obama’s nominee to serve as Chairman of the Federal Communications Commission. At the same time, the Senate Commerce Committee conducted a confirmation hearing on the reappointment on of currently sitting Commissioner Robert McDowell. It is not anticipated that there will be any obstacles associated with Senate approval of these nominees. During the next round of hearings, it is believed that the Senate Commerce Committee will be vetting the nominations of Ms. Mignon Clyburn and Ms. Meredith Baker. MORE  MORE

EWA Member Named Number One Contractor

Engineering News Record magazine recently named EWA member Bechtel as number one on their 2009 list of Top-400 Contractors. San Francisco based Bechtel, with 2008 U.S. Revenues of $21.6 billion, also was named number one in 2008. Bechtel is world renowned for the construction of industrial/petrochemical complexes, transportation systems and power generation facilities. Bechtel holds a number of FCC licenses authorizing the use of private communication systems necessary to support these construction activities.

EWA Member Service Supports Narrowband Sales

Premier members of EWA are automatically sent a statewide listing of business and public safety licensees whose FCC authorizations reflect that have yet to migrate their radio systems to the January 1, 2013 narrowbanding channel bandwidth requirement. This report is available, of course, to all members who wish to generate new customer sales leads in their market area. Please contact Nancy Gruen, Director of Business Development for more information about this service and the benefits of an EWA “Premier Membership.” Contact Nancy at 800 886 4222 or email her at Nancy.Gruen@enterprisewireless.org.

Customer License Management Service

If you don’t manage and maintain your customer’s FCC licenses, who does? You may have sold and now maintain your customers’ wireless systems, but the value of their communications investments are secured by ensuring that their FCC licenses are current and up-to-date, and this requirement shouldn’t be left to chance. How many times has a customer approached you saying “how do I reinstate my license that expired last year?” Or maybe that same customer asks “why didn’t you tell me that my license needed to be renewed?” Do you have a ready answer? Can businesses afford not to take care of our customers’ needs in today’s economy?

EWA is prepared to assume the management of every single one of your customers’ FCC licenses and to advise you when authorization needs to be renewed, construction notifications are due, or when other FCC rule changes affect continued license viability. We currently have over 85 members who trust us to manage this critical customer service. Literally tens of thousands of customer licenses are managed by EWA through its License Management Service. 

If you’re interested in creating opportunities to contact your customers, call Judy Wilson, Manager, EWA License Management at 800.886.4222 or email her at Judy.Wilson@enterprisewireless.org 

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New Member Benefit Taking Shape

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Baseline Wireless is New 800 MHz Transition Administrator

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Rural Broadband One Step Closer

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FCC Commissioner Nominations Complete

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800 MHz Vacated Spectrum Coordination Issues Resolved

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The One Source for Narrowband Licensing

Go to the EWA website, www.enterprisewireless.org for the Narrowband Transition Worksheet, which makes it easy for EWA to prepare your application, complete the coordination and submit the application to the FCC for licensing. EWA is your one source for narrowband licensing from start to finish, plus we have spectrum experts on staff for all of your questions. Remember that the FCC has mandated the transition to narrowband by January 1, 2013. You will also find the FCC Order and other background information on the EWA home page. 

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Crosby Offers Analysis and Forecasts to Day Wireless Customers

Mark Crosby, President of EWA, presented a wireless policy overview to more than 100 Day Wireless enterprise and public safety customers on May 20th in Seattle, Washington. An analysis of regulatory trends, updates and forecasts on key technology issues such as TV White Space, T-Band, Public Safety IP Band and information on Broadband Stimulus Funding was covered. Members can have similar presentations for their staff and customers by contacting the EWA office. 

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U.S.-Canada Border Applicants Receive FCC Guidance

In an issue that has been a major concern for EWA and its members situated along the U.S. Canada border, and for which we have been requesting FCC assistance for some time now, the FCC has issued a Public Notice that provides guidance to applicants for certain Part 22 and Part 90 frequencies along the U.S.-Canadian border. The PN notes that applicants can improve their prospects for approval by considering the potential impact their station would have on existing frequency assignments in Canada and provides a link to Industry Canada’s website which lists all of the publicly available frequency assignments in Canada. The PN also suggests that applicants consider performing an engineering study to determine whether the proposed station would be likely to cause any harmful interference to Canadian licensees. This is expected to improve the approval rate of applications for new or modified assignments in the 30-174 MHz and 450-470 MHz frequency bands along the border. MORE

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Regulatory Fee Increases Proposed

For the fees that are of most interest to land mobile licensees, the only proposed fee increase is for CMRS Mobile Service to .18 per unit from the current .17. CMRS Messaging Service remains at .08 per unit; PLMRS (Exclusive Use) remains at $40 per year; and PLMRS (Shared Use) remains at $20 per year. There is also a proposed $5 increase of the waiver fee. Comments on the FCC’s fee proposals are due on June 4, 2009; Reply Comments due on June 11, 2009. MORE

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LMCC Opposes Unlicensed Devices in TV-Band

The Land Mobile Communications Council (LMCC) filed Comments opposing the use of personal/portable devices on channels 14-20 unless and until their interference-protecting technology has been fully proven. The Comments also opposed the Petition for Reconsideration filed by IEEE 802 and the Society of Broadcast Engineers that would permit only broadband operations on this spectrum. The LMCC continues to seek access to TV channels 14-20 for land mobile operations nationwide consistent with digital TV protection requirements, as well as access to TV channels 2-13 for land mobile voice and data operations consistent with the technical rules associated with fixed TVWS device deployment, however, it elected not to raise those issues in this filing. MORE 

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LMCC Bristles at Suggested TV-Band Limits

LMCC filed Reply Comments noted that it is unlikely that the broadcast groups have a full appreciation of the types of communications systems employed by business enterprises and that they pose no greater potential for interference than public safety systems. This was in response to Joint Comments which supported NPSTC’s proposal to expand use of the 470-512 MHz shared TV-band – but only for public safety applicants submitted by Association of Maximum Service Television (MSTV) and the National Association of Broadcasters (NAB), MSTV/NAB specifically objected to increased use of this spectrum by enterprise and commercial Part 90 licensees without citing any technical or other basis for adopting that position. MORE

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FCC Considers Allocation for Implanted Medical Devices

The FCC established the Wireless Medical Telemetry Service when it became apparent that medical devices were receiving interference from incumbent users in certain bands, including PLMR bands, and needed to be migrated to a more interference-resistant allocation. Of particular interest to EWA member is that the 451-457 MHz segment of the UHF band, one of the primary allocations for land mobile use, is targeted for a proposed secondary use. The FCC’s Notice of Proposed Rulemaking proposed to amend Parts 2 and 95 to allow up to 24 MHz of spectrum in the 413-457 MHz band to be used for implanted medical devices on a secondary, non-interference basis under the existing Medical Device Radiocommunications Service (MedRadio Service) in Part 95. The NPRM requests comments on four different band segments: 413-419 MHz, 426-432 MHz, 438-444 MHz and 451-457 MHz. The first three are primary Federal Government allocations; the fourth is allocated on a primary basis for non-Federal Land Mobile services, some portions of which also includes a primary fixed allocation. The NPR suggests that these MMNs (medical micro-power networks) are sufficiently low power that they are not likely to cause interference to primary licensees, but also seeks comment on the potential for high power incumbent stations to cause interference to MMNs. Comments are now due on August 11 and Reply Comments are due on September 10. MORE

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EWA Petition Seeks 800 MHz Revitalization

EWA has filed a Petition for Rulemaking that would enable the use of interstitial 12.5 kHz bandwidth channels between currently allocated 25 kHz 800 MHz channel assignments under proposed rules that would provide continued protection for incumbent licensees. EWA’s intention is to generate the development of new analog and digital technologies, and to promote greater spectrum utilization in the 854-861/809-816 MHz bands. MORE 

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LMCC Supports Greater Access to 470-512 MHz

The Land Mobile Communications Council (LMCC) filed comments with the FCC which supported a petition filed by the National Public Safety Telecommunications Council (NPSTC) that had suggested the licensing area within the 470-512 MHz TV Bands could be expanded from 50 to 80 miles given modifications to protect digital TV operations. This band is used heavily by public safety, business and industrial entities. 

In a later filing, the advocacy organizations representing the broadcast industry filed comments supporting NPSTC’s initiative, but suggested that the use of the expanded geographic territory should be limited to public safety users. Their argument is based on the assumption that public safety operators would cause less potential interference to the public’s access to free, over-the-air television service. MORE 

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FCC Wants Coordinator Issues Resolved

On or before May 16th, those coordinators who are actively assisting public safety entities to access Sprint Nextel vacated 800 MHz spectrum, have been ordered by the FCC’s Public Safety and Homeland Security Bureau (PSHSB) to resolve any and all issues that are resulting in the filing of mutually exclusive applications. In a letter directed to the coordinators, the PSHSB noted its dissatisfaction with the disagreement between PCIA and all other coordinators of vacated 800 MHz spectrum noting that results to date are contrary to FCC expectations. The coordinators were directed to resolve the matter within 30 days. Since receipt of the letter, the affected coordinators have diligently pursued resolution of this matter.

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Part 90 Waiver Fee Increased

Members are reminded that the FCC has amended some of its application filing fees in order to reflect changes in the Consumer Price Index. Specifically, effective April 28th, the fee for Part 90 licensees and applicants to file a waiver is now $175. MORE 

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FCC Seeks Nominations for Technology Council

The FCC requested nominations for membership on the reconstituted Technology Advisory Council (TAC) to be submitted by May 8, 2009, to the Chief Technologist at the FCC. The purpose of the TAC is “to provide technical advice to the FCC and to make recommendations on issues and questions presented to it by the FCC,” which questions “will be directed to technological and technical issues in the field of communications.” Some of the potential topics for referral identified by the FCC are spectrum policy, broadband technology and deployment, issues related to public safety communications, and issues related to technologies supporting emerging systems such as the smart grid. MORE

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800 MHz Rebanding Update

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FCC Responds to LMCC Initiative

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EWA Adds New Capabilities to its Website

Harris Corporation to Acquire Tyco Electronics Wireless Systems

Harris Corporation announced on April 16, 2009 that they have signed a definitive agreement to acquire Tyco Electronics Wireless Systems. Tyco Electronics which is a business segment of Tyco Electronics Ltd is headquartered in Lowell, Massachusetts with manufacturing facilities in Lynchburg, VA. Tyco Electronics will operate as a business unit under the Harris RF Communications segment headquartered in Rochester, New York. The acquisition, which is subject to customary regulatory reviews is expected to close prior to the end of the Harris fiscal 2009 year on July 3, 2009 which is. MORE 

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National Broadband Proceeding Initiated 

The Federal Communications Commission (FCC) has opened a Notice of Inquiry (NOI) into the development of a national broadband plan that seeks to ensure that every American has access to broadband capability. Comments are due on June 8, 2009. The NOI seeks comment on a number of issues, but primarily to determine the most effective and efficient ways to ensure broadband access for all Americans. The Commission is obligated to deliver recommendations to Congress by February 17, 2010. MORE 

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First Order in Part 90 Re-write Limited to Public Safety Matters

The FCC has issued a Report and Order and Further Notice of Proposed Rulemaking that affects a variety of public safety matters. The R&O addresses licensing in the 4.9 GHz band, VHF paging operations on public safety frequencies, and clarifies that cross-band repeaters are permitted for all public safety systems. The Further Notice also seeks public comment on proposals to exempt 4.9 GHz band applications from frequency coordination by certified frequency coordinators. The Commission also stated that other issues raised in this proceeding- Amendment of Part 90 of the CommissionÕs Rules (WP Docket No. 07-100), that will affect non-public safety PLMR services will be addressed in separate orders. MORE

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FCC Seeks Nominations for National Communications Council

The FCC is seeking nominations and expressions of interest for membership on the Communications Security, Reliability, and Interoperability Council (CSRIC) by May 11, 2009. The Council is a Federal Advisory Committee that provides guidance and expertise on the nationÕs communications infrastructure and public safety communications. MORE

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Motorola and Microsoft/Dell File on TV White Space

Motorola and Microsoft/Dell both filed Petitions for Reconsideration in the FCCÕs TV White Space rulemaking (ET Docket Nos. 04-186 and 02-380), suggesting that the geo-location capabilities that are currently required in personal and portable devices eliminate the need to limit the use of those devices to TV channels 21 and above, thus encouraging their use in shared-TV band channels 14-20. It is expected that LMCC and other interested land mobile entities will comment that every effort must continue to be made to prevent interference to land mobile operations.

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LMCC Initiates Actions and Elects Officers

The Land Mobile Communications Council (LMCC) held its 2009 Annual Meeting on April 8th during which the membership approved a number of actions including: drafting and filing comments in support of NPSTCÕs Petition for Rulemaking that seeks expansion of the 470-512 MHz operating area; filing comments in response to the Petitions for Reconsideration in the TV White Space proceeding which seek to allow personal/portable device use in the bands below 512 MHz; and, filing a Petition for Rulemaking to reinstate five-year license terms.

The LMCC also elected its officers for the next year, specifically Al Ittner (TIA) - President, Ralph Haller (FCCA) - Vice president, Donald Vasek (EWA) - Secretary-Treasurer; and as Directors-at-Large, Doug Aiken (IMSA), Bill Brownlow (AASHTO), Bob Gurss (APCO) and Tom Keller (AAR). LMCC is a non-profit association of organizations representing virtually all users of land mobile radio systems, providers of land mobile services, frequency advisory committees, and manufacturers of land mobile radio equipment. 

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FCC Updates ÒCORESÓ Procedures

The Commission Registration System (CORES) that assigns your Federal Communications Commission (FCC) Registration Number (FRN) has recently updated its procedures. The Commission will no longer display the password or personal security answer when a new Taxpayer Identification Number (TIN) or a Social Security Account Number (SSAN) has been submitted for registration. When you reset your existing password the new password and security answer will not be displayed on the FRN Registration. The procedure was changed to better secure registrantsÕ personal information. 

If you have any questions concerning this change, please contact Barb Edmonds at barb@enterprisewireless.org or call 800 482 8282.

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EWA Petition Garners Support

The National Association of Manufacturers and MRFAC, and separately, Motorola, have each filed comments in support of EWA and SprintÕs 900 MHz Petition to allow licensing of new B/ILT systems sooner than six months after rebanding is completed in a NPSPAC region when doing so will not adversely affect Sprint NextelÕs need for spectrum to facilitate 800 MHz rebanding. All agree that the EWA/Sprint Petition strikes an appropriate balance between accommodating SprintÕs rebanding needs and maximizing spectrum opportunities for other users. MORE 

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EWA Webinar Participation

On April 22nd, Mark Crosby will be participating during the ÒImproving Productivity Through Two-way Communications SystemsÓ webinar that is being hosted by the American City and County magazine. Attendees will primarily compose non-public safety local government employees whose responsibilities include communications systems that are utilized to facilitate solid waste disposal, parks and recreation, and streets and highways management. MORE 

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FCC to Consider Broadband NOI

Senate Legislation Proposes Spectrum Inventory

Senator John Kerry (D-MA) introduced S. 649 which would create an inventory of all radio bands managed by NTIA for federal government spectrum, and FCC for non-federal government spectrum. If enacted, the legislation would cover bands from 300 MHz to 3.5 GHz and would require NTIA and the FCC to make the inventory available to the public through an internet-accessible website. MORE  

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800 MHz Rebanding Update

The most recent Transition Administrator (TA) Quarterly Report (dated March 16, 2009, and covering the quarter ended December 31, 2008), has noted that the number of Frequency Reconfiguration Agreements submitted to the TA has declined in recent quarters. The TA attributes this slowdown to factors such as the size and complexity of the remaining non-border licensees without FRAs, and the fact that the large number of ongoing negotiations and mediations has taxed the resources of key parties, including Sprint Nextel and 800 MHz equipment vendors and consultants. 

The report also indicated TA concern about the pace of implementation since the number of physical retunes also appears to be declining, as well as the growing volume of Change Notices and Amendments being submitted. The Report states that Òlicensees that submit more than one Change Notice or Amendment for additional cost reimbursement will face, with each subsequent request, increasingly high burdens for demonstrating that additional costs are reasonable.Ó 

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470-512 MHz Orders Issued 

Sprint Teams with Ford on In-Dashboard PC

Sprint and Ford have announced an agreement to provide an in-dashboard PC with internet connectivity via the Sprint Nationwide Mobile Broadband Network. The service will initially be made available on model year 2009 Ford F-Series and E-Series vehicles and will provide a number of application solutions including real-time labor and material-cost capture, inventory updates, invoice generation and work-order edits and completion.  MORE

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LMCC Holds Annual Meeting on April 8

The annual meeting of the Land Mobile Communications Council, of which EWA is a member, will be convening on April 8th in Washington, DC. The LMCC membership will be discussing a variety of regulatory issues, and speakers from the FCC include James Schlichting, Acting Chief of the Wireless Telecommunications Bureau; David Furth, Acting Chief of the Public Safety and Homeland Security Bureau; and Julius Knapp, Chief, Office of Engineering and Technology. 

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LMCC Files Further Comments on Part 90 Rewrite

The Land Mobile Communications Council has filed Further Supplemental Comments in the FCCÕs Part 90 rewrite rulemaking (WP Docket No. 07-100).This latest filing serves to clarify certain issues affecting the protection afforded to 6.25 kHz systems operating with less than 12.5 kHz separation from an adjacent 12.5 kHz or 25 kHz bandwidth system. LMCC has been an active participant in this proceeding since filing its initial comments in August, 2007. Read the Filing.

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House Looks at Universal Service Fund

The U.S. House Subcommittee on Communications, Technology and the Internet held a hearing on March 12th to examine whether the Universal Service Fund (USF) is ripe for review. The major telephone companies testified that the system is broken but could not agree on how to fix it. Most companies did agree that subcommittee chairman Rick BoucherÕs D-Va.) suggestion that it may be time to impose an obligation for broadband into the USF was a bad one. While no specific actions resulted from the hearings, it is expected that Boucher will continue to solicit support for his efforts. Click here to read the Memorandum.

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PSST and Cyren Call End Advisory Relationship

Citing an uncertain regulatory environment and challenging economic climate, Cyren Call, a company headed by Morgan OÕBrien, and the Public Safety Spectrum Trust Corporation (PSST), the holder of the public safety 10 MHz nationwide, broadband license, announced on March 6th that Cyren Call is no longer acting as the agent of the PSST. Since the PSST had been entirely reliant on funding from Cyren Call in the absence of any governmental funding source, it is unclear how it will continue to function until such time as a public-private partnership is in place.

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NPSTC Seeks Changes to TV-Band Rules

The National Public Safety Telecommunications Council (NPSTC) has filed a Petition for Rulemaking with the FCC seeking changes to the rules governing the 470-512 MHz shared TV-band. The petition proposes to adopt the same protection standards for channels 14-20 as those already in place for channels 62-65 and 67-69; reduce the spacing between land mobile operations and television stations in the 470-512 MHz band; and extend the land mobile base station area of operation to 128 kilometers (80 miles) around each of the eleven eligible cities. NPSTC believes that these proposals can be successfully adopted as a result of the transition to digital television since digital receivers are less susceptible to interference than analog receivers. Is there a legal reason why we cannot show miles and then km? Most of the readers/members will use miles, I believeÉ?  Read Petition for Rulemaking Notice.

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EWA/Sprint 900 MHz Petition Advances

The FCC has issued a Public Notice announcing the receipt of the Joint Request for Clarification or, In the Alternative, for Reconsideration filed by EWA and Sprint Nextel, which urged the FCC to allow licensing of new B/ILT systems sooner than six months after rebanding is completed in a NPSPAC region when doing so will not adversely affect Sprint NextelÕs need for spectrum to facilitate 800 MHz rebanding. Comments on the Petition are due 15 days after the FCC Public Notice is published in the Federal Register and replies are due 10 days thereafter. http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6520191343

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Genachowski Nominated to Head FCC

President Obama has nominated Julius Genachowski, a technology adviser during the presidential campaign and law school friend to head the Federal Communications Commission. He also previously served as the chief legal. counsel to former FCC Chairman Reed Hundt. He is expected to be confirmed without major opposition. Among the tasks awaiting Genachowski upon confirmation are the completion of the transition from analog broadcast to digital television and bringing high-speed broadband Internet service to rural and under-served areas.

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BearingPoint Files for Chapter 11

On February 18, 2009, BearingPoint Ð one of the entities that is engaged by the 800 MHz Transition Administrator, LLC to perform the tasks of the TA, formally filed a comprehensive financial restructuring plan using a Òpre-arrangedÓ Chapter 11 process.This process does not impact the 800 MHz Reconfiguration Program or the TAÕs operations with respect to the program. Additionally, it is important to note that the TA, LLC was not a part of the BearingPoint petition. If you have any questions about this matter please contact comments@800TA.org.  

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FCC Issues Fines for CPNI Violations

For the past few months EWA has been advising members that the FCC was quite serious about enforcing its rules associated with protecting Customer Proprietary Network Information (CPNI).  In a decision adopted on February 24, the Commission issued a blanket Notice of Apparent Liability for Forfeiture in the amount of $20,000 each for those entities it believes failed to timely file a CPNI certification on March 1, 2008.Each company identified will have the opportunity to submit further evidence and arguments in response to the notice of liability to show that no forfeiture should be imposed, but one should not expect much sympathy from the Commission in light of the accompanying statement from Acting Chairman Copps on this subject. Attached is the FCCÕs notice which contains the list of licensees and the statement from Acting Chairman Copps.

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LMCC Proposes 12.5 kHz Migration Procedures

The Land Mobile Communications Council (LMCC) has filed with the FCC a draft Public Notice (PN) that addresses issues arising from the upcoming deadlines for mandatory migration to 12.5 kHz narrowband operations. LMCC previously filed a similar draft PN last year but this revised version takes into account concerns about the earlier draft raised by the FCC in recent meetings. The purpose of the PN is to remind licensees of the pending deadlines and to advise them about actions that must be taken to meet those deadlines. It is expected that the Commission will issue a final Public Notice in the very near future.

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Tech Firms Form ÒWhite SpaceÓ Database Coalition

CNET News reports that Google has joined Motorola, Microsoft and a host of other technology companies to develop specifications that the FCC can use in developing its Òwhite spaceÓ database. The tech firms are hopeful that the 700 MHz Òwhite spacesÓ located between incumbent broadcast channels will be used to support existing wireless services or to create new wireless broadband services. Devices that intend to use this spectrum will be required to access the database that will be created to determine channel availability. EWA was accepted as a member as well. Read the CNET News story at:  http://news.cnet.com/8301-1035_3-10158326-94.html.  

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FCC Extends Form 477 Filing Deadline

The FCC has issued an Order that extends the Form 477 filing deadline to March 16, 2009. Form 477 is used to collect information about broadband connections to end user locations, wired and wireless local telephone services, and interconnected Voice over Internet Protocol services, and must be filed by entities providing those services. The data collected will enable the FCC and industry to better understand where broadband is deployed so that timely decisions can be made as to how to promote further deployment. Read the Order: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-430A1.pdf.

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Paging Over WiFi Networks

Radio paging has provided valued service into the Health Care community for almost five decades. In recent years, Health Care, particularly its hospital sector, has remained uncommonly loyal to paging with a lower incidence of users migrating to other technologies than has been true for virtually every other market sector. Currently, however, there are growing concerns within the medical community, as expressed by articles in medical publications including the New England Medical Journal, that paging no longer fully meets hospitalsÕ communications needs and that consideration should be given to allowing the use of cellular phones as a communication tool in hospitals. The attached article by paging industry veteran Ron Mercer examines the underlying sources of these concerns and suggests approaches that the paging industry can adopt in order to safeguard the vital hospital market segment. Read the article

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New Spectrum Fees Included in Fiscal 2010 Budget

President Obama proposed new wireless spectrum licensing fees in his budget outline released on February 26. This move could potentially bring in as much as $4.8 billion in revenue over the next decade. In the budget for fiscal 2010 year that begins in October, the President proposed that wireless carriers pay new fees to license spectrum from the government. The fees would start out at $50 million in 2009, go up to $200 million in 2010 and jump over the next decade to $550 million per licensee per year. These fees would come on top of license fees that the carriers have already paid to the government in previous spectrum auctions. In the most recent major auction--the 700 MHz block last year--the government raised a record $19.6 billion from wireless companies, most notably Verizon Wireless and AT&T Mobility. The Tier 1 wireless carriers--AT&T, Sprint Nextel, T-Mobile USA and Verizon--have not yet commented on the proposal, but are likely to oppose the measure. The wireless industry has voiced strong opposition to previous proposals to tack on additional spectrum licensing fees. Any changes to licensing fee structure would require legislation.

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CPNI Deadline Less than 30 Days Away

The FCCÕs Customer Proprietary Network Information (CPNI) certification for 2008 filing deadline is March 1, 2009. If you provide communication services through either a commercial or private carrier means, you are required to file a CPNI certification with the FCC even if your telecommunications system is not interconnected with the public switched telephone network. The FCCÕs rules governing CPNI require telecommunications carriers to certify that their company has established operating procedures that comply with the CPNI rules. This certification must be filed by a designated officer of the carrier and must also state how the companyÕs established operating procedures ensure that it is or is not in compliance with the applicable rules. Click here for a sample certification and the FCCÕs Public Notice for filing guidance. 

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LMCC Questions License Modification Policy

The Land Mobile Communications Council has written to the FCC asking for the reinstitution of the policy of conditioning a modified license to allow the licensee a 90 day period under previously licensed parameters. Without that condition, licensees are placed in the position of operating in violation of the terms of their license until the licensee implements the modified parameters, if the licensee continues to operate as previously licensed. The requested conditioning process was believed to be discontinued around the time that private land mobile licensing under the FCCÕs Universal Licensing System began. MORE

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Furth Appointed PSHSB Acting Chief

David Furth has been appointed as Acting Chief of the Public Safety and Homeland Security Bureau. Mr. Furth is a 16 year FCC veteran with extensive experience in the land mobile arena. His appointment was effective on January 30th. MORE 

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Utilities Voice Need for More Spectrum

Advocates for the utility industry claim they must have access to at least 30 MHz of dedicated radio spectrum if they are to meet the increasing demands placed on their networks. UTC has released a report, The Utility Spectrum Crisis: A Critical Need to Enable Smart Grids, calling on policymakers to give utilities access to more spectrum by changing the regulatory environment to be more favorable to utilitiesÕ needs. The report explains how utilities need dedicated spectrum to: ensure more reliable service and faster restoration related to emergencies and natural catastrophes; protect electric utility networks from cyber-based terrorist attacks; and implement the advanced technologies that make up the Òsmart grid.Ó

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Congress Delays DTV Transition 

The U.S. Congress has approved a four month delay of the nationÕs transition to digital television. The vote means that broadcasters will not be required to turn off their analog signals until June 12, 2009. The delay was spurred by a concern that the public is not properly prepared for the cessation of over-the-air analog TV and that inadequate attention has been paid to the coverage loss due to the conversion and issues relating to close captioning. Conversely, some public safety interests have expressed their own concerns that the delay means that they wonÕt get access to much-needed spectrum as soon as they had originally expected.

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Need a Competitive Advantage? 

How many of you have customers who need assistance in maintaining their licenses to keep them current and to ensure that the required construction is completed? Do your customers come to you for help determining if they are licensed correctly? Do your customers have questions about the new digital equipment? Do you know all you need to know to combine licenses to facilitate the development of a new radio system for your customer and bring in new sales? Your Premier Membership means answers to these questions and more. Being an EWA Premier member means benefits for your business and for your customers. Contact Nancy Gruen at 800 886 4222  to customize your Premier Membership today.  

Enterprise Wireless 2009 Set for November 4-6

Enterprise Wireless 2009, co-hosted by EWA, AAPC and USMSS, will be held November 4-6, 2009, at The Westin Buckhead in Atlanta. The annual event continues to grow, with record-breaking attendance in 2008 in Scottsdale, and looks for similar growth at this yearÕs conference. For exhibit, conference speaking or other information, contact the Conference Director, Elaine Walsh, at 520.620.0063.

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CPNI Filing Deadline is March 1, 2009

If your company provides communication services through either commercial or private carrier means, you are required to file a CPNI certification with the FCC even if your telecommunications system is not interconnected with the public switched telephone network. The deadline for filing is March 1, 2009. The FCC has released a Public Notice providing guidance to licensees that must file their annual Customer Proprietary Network Information (CPNI) certification for 2008. The FCCÕs rules governing CPNI require telecommunications carriers to file a certification from a designated officer that their company has established operating procedures that comply with the CPNI rules. Click here for a sample certification statement and FCC Public Notice. CPNI Statement  |  Public Notice

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FCC Chair Resigns, FCC Announces Achievements

With the resignation of FCC Chairman Kevin J. Martin on January 20, a new chairman will be appointed by President Obama and is likely to be Julius Genachowski, a key member of the Obama policy team during the campaign and chief counsel to the FCC during the Clinton Administration. Obama will also be appointing a replacement for Commissioner Deborah Taylor Tate, whose appointment was not renewed. Commissioner Michael Copps has been named Acting Chairman in the interim. The FCC news release announcing MartinÕs resignation included a 12 page listing of the FCCÕs Òprincipal achievementsÓ during his tenure. MORE 

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February 1 is final 800 MHz Deadline for Canadian Border Licensees

The 800 MHz Transition Administrator has issued a reminder of upcoming deadlines affecting U.S. licensees located in the Canadian Border Regions. MORE

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DTV Transition Date Still in Question

The Senate has already approved, however, the House has failed to pass a bill extending the digital television (DTV) transition until June 12, 2009 and the DTV coupon program until July 31, 2009. Their actions take place in the midst of growing concerns that many TV viewers, particularly the elderly and the poor, will not be ready for the currently scheduled February 17, 2009 transition date and because the government's coupon program has run out of money. There is also a concern, particularly in rural areas, that the inferior propagation characteristics of digital signals will not cover the same areas currently served by analog signals, leaving many viewers without any signal at all. The House bill contains a number of additional provisions that were not included in the Senate bill including instructing the FCC to commence and conclude a rulemaking within 30 days of enactment to implement the provisions of the legislation. Draft Senate DTV Delay Bill  |  Draft House DTV Delay Bill

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LMCC Comments on AM Antenna Verification

The Land Mobile Communications Council has encouraged the FCC to update and consolidate its rules relating to the protection of AM stations from pattern distortions that may occur as a result of the construction or modification of nearby towers. Chief among its points, LMCC suggests that the Commission should make available on its web site software similar to the TOWAIR program that would allow tower applicants to easily determine if a proposed tower falls within AM station protection criteria. LMCCÕs comments were made in response to the FCCÕs rulemaking An Inquiry In to the CommissionÕs Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification ( MM Docket No. 93-177) and were filed jointly with the AM Directional Antenna Performance Verification Coalition and The Wireless Communications Association International, Inc. LMCC Joint Filed Comments

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The Business Advantages of Premier Membership

These days everyone wants to get a good deal. When you become an EWA Premier Member, one of the advantages you receive is member pricing on all coordination and licensing requests. The $230 application preparation fee is $175 for a Premier Member, a 20% discount, which you can pass along to your customers. When EWA completes the FCC registration and password setup for your new customers, your cost is $35 while a non-member pays $55 per FRN. Premier Members also save valuable time being able to go on-line and work through the FCC Universal Licensing System (ULS), time you can use prospecting for new customers. Your Premier Membership can be customized to include automatic maintenance of your customerÕs licenses, weekly Market Transaction Reports and three other unique services, all designed to increase your competitive edge. Contact Nancy Gruen at 800 886 4222  to customize your Premier Membership today. 

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See EWA Executives on IWCE 2009 Workshops and Panels

Several EWA executives will be on technical panels at during IWCE 2009, March 16-20 in Las Vegas, NV at the College of Technology and Core Conference Program. MORE

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EWA to Coordinate Public Safety Spectrum starting January 14, 2009

Starting January 14, EWA will begin coordinating and certifying public safety applications for the 800 MHz spectrum being vacated by Sprint Nextel. The first segment of vacated spectrum is in the interleaved band of 854-854.5 MHz. The FCC will begin accepting these applications on January 28, 2009. In a Public Notice dated December 29, 2008 the Commission announced the coordination procedures and the NPSPAC regions where channels are available. To file your application, contact Ms. Ila R. Dudley, EWA Vice President, Spectrum Management, at ila.dudley@enterprisewireless.org or at 800-482-8282.

For More, See the Dec. 29, 2008 Public Notice.

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Recent 800 MHz Rebanding MO&O Addresses Key Issues for EWA Members

On December 23rd, the FCC released its Fourth MO&O in the 800 MHz rebanding proceeding addressing several different issues releating to the rebanding process, the most important of which are as follows to EWA Members:

• As requested by Nextel, the FCC has deferred the financial true-up that will determine whether Nextel owes an Òanti-windfallÓ payment to the U.S. Treasury based on the difference between the FCC-determined value of the 1.9 GHz spectrum Nextel received in the process and the cost of rebanding both 800 MHz and BAS systems, plus the value of the 800 MHz spectrum Nextel must relinquish. Nextel had requested that the FCC postpone the true-up since the original date was based on an anticipated program completion date that will not be met. The FCC did not agree to adopt an indefinite extension pending completing of both rebanding efforts as requested by Nextel. It deferred the date from December 26, 2008, to July 1, 2009. The FCC also directed the TA to file a report by May 1, 2009, with a recommendation as to whether the July 1st deadline should be extended. 

• The FCC also took this opportunity to reject arguments, including those from EWA, that the FCC reconsider its position that Nextel is not obligated to pay incumbent licenseesÕ post-mediation litigation costs when rebanding disputes are taken up at the FCC. Although this decision was not a surprise, it can create a difficult position for licensees that are unable to reach agreement with Nextel. In denying the requests, the FCC noted that few cases have been referred from mediation for Bureau consideration and even fewer have been the subject of requests for evidentiary hearing by Nextel. The FCC also confirmed that it has Òample authority to ensure that [Nextel] does not exploit the post mediation process to saddle incumbents with unnecessary costs,Ó although it did not elaborate on how it might exercise that authority. 

• The FCC addressed several filings in response to its September 12, 2007, Public Notice in which it established procedures and guidelines to expedite NPSPAC rebanding. The FCC reaffirmed its authority to impose the deadlines in that PN without proceeding through a notice and comment rulemaking proceeding. In addressing the PN, the FCC again stated that the change notice process is not to be used to recover reasonably foreseeable costs that either were not raised in negotiation or that were addressed and rejected. The Order repeats the statement from the PN that the change order standard Òentitles licensees to recover costs that are the result of unanticipated changes in cost, scope, or schedule that occur during implementation or in the case of an emergency.Ó Incumbents should consider this standard carefully during their negotiations with Nextel.

Add the attached December 23, 2008 Public Notice.

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EWA Asks for Faster Access to B/ILT 900 MHz Spectrum

In an effort to free up 900 MHz spectrum for B/ILT eligible organizations, EWA and Sprint Nextel have jointly filed a Request for Clarification or for Limited Reconsideration of the FCCÕs freeze policy at 900 MHz. Under the premise that the CommissionÕs recent decision lifting the licensing freeze on new system applications within the B/ILT 900 MHz pool was Òunnecessarily protectiveÓ, EWA and Sprint Nextel suggested that the freeze policy could be refined without compromising rebanding activities. Specifically, EWA and Sprint Nextel noted jointly that there are NPSPAC regions where Sprint Nextel has no need for 900 MHz capacity to fulfill its 800 MHz reconfiguration obligations, and there are other NPSPAC regions where Sprint NextelÕs geographic requirements do not include the entire region. Consequently, Sprint Nextel and EWA recommended that the FCC freeze policy permit the acceptance and processing of 900 MHz B/ILT applications prior to six months after rebanding has been completed in a NPSPAC region, provided that the application is accompanied by a letter of concurrence from Sprint Nextel. MORE

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Crosby Interviewed by Urgent Communications on 900 MHz Access Policy

In an article headlined ÒEWA, Sprint Seek to Accelerate Access to 900 MHz BandÓ filed on December 23, Urgent Communications discussed the joint petition for reconsideration filed by Sprint Nextel and EWA concerning 900 MHz B/ILT spectrum, Crosby was quoted as saying ÒI sat down with Sprint and said, ÔWhy donÕt we work something out? Why do I have to wait for these regions to reband? There are places you donÕt need it for rebanding. They agreed. We worked at it and filed a joint petition.Ó He further commented that ÒÉwith Sprint and EWA going in together, it removes one of the obvious questions, which is, ÔWhat does Sprint think about it?Ó MORE 

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EWA Addresses 12.5 kHz Migration Issues with FCC

EWA, TIA and LMCC met with FCC staff on December 11th to discuss and seek clarification on a number of issues relating to the upcoming mandatory migration to 12.5 kHz narrowband operations. TIA sought clarification of certain technical standards that radio equipment must meet to be in compliance with the mandatory migration rules. As a result, LMCC will be writing to the Commission to clarify its January 2008 letter that addressed administrative procedures for tracking licenseesÕ migration to narrowband, putting the emphasis on emission designators rather than other license parameters.

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Simplification of Part 90 Rulemaking in the Works

Pending final review in the WTB and PSHSB before being sent to the Commission for final consider, LMCC has submitted a rewrite of the Further Notice of Proposed Rulemaking Section 90.187 to facilitate the deployment of a variety of 6.25 kHz and 6.25 kHz(e) technologies in the bands below 800 MHz while also simplifying and clarifying the rules governing trunking in those bands.

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Congress Criticizes FCC

The U.S. House of RepresentativesÕ Committee on Energy and Commerce has issued a Majority Staff Report that is highly critical of the FCC under current Chairman Kevin Martin. Among the criticisms are: the Chairman manipulated, withheld or suppressed data, reports and information; important Commission matters have not been handled in an open and transparent manner; the Commission has failed to carry out some important responsibilities; the ChairmanÕs management style has create distrust and turmoil among the five current Commissioners; and that Commission staff have not been efficiently managed. MORE

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AAPC Weighs In on Advanced Wireless Services and Paging Regulatory Fees

The American Association of Paging Carriers has filed an Ex Parte letter with the FCC in the Advanced Wireless Services rulemaking (WT Docket No. 07-195 & WT Docket No. 04-356). AAPC urges the Commission to require AWS licensees to offer fee-based services on a wholesale basis to third parties without retail price controls, and to prohibit Tier I and Tier II mobile telephone carriers from eligibility for the 2155-2180 MHz license. 

AAPC also recently met with the FCCÕs Office of the Managing Director to suggest that using Average Revenue Per Unit is the fairest and simplest way to fix the fee relationship between paging and cellular/PCS units in the absence of current and detailed cost allocation information.

FCC Ex Parte Letter 12 05 2008

FCC Ex Parte letter 12 09 2008

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FCC Urged by Congress to Concentrate on DTV Transition

After receipt of a letter from Senator Jay Rockefeller and Congressman Henry Waxman expressing concern over the scheduled December 18th FCC Open Meeting, the FCC announced on December 15th that the Open Meeting was cancelled. The Senators claimed that it would be counterproductive in light of the fact that the nationwide transition to digital television is only nine weeks away and does not appear to be going as smoothly as hoped.  Rockefeller-Waxman Letter

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Tait Questions Future of TETRA in North America

Tait Radio Communications has no plans to develop a TETRA platform for use in North America due to what it considers to be issues with the channelization, co-channel interference, and its poor economic profile due to its small cell size. Tait released the statement in response to recent renewed attempts by proponents of TETRA technology to introduce it into the North American Market. MORE

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Enterprise Wireless 2008 Is Declared A Success

More exhibitors and attendees than in prior years, plus excellent opportunities for education and networking, combined to make Enterprise Wireless 2008 a successful event. Dr. Coleman BazelonÕs keynote was a major draw for all attendees at this Scottsdale event, as he outlined opportunities and changes expected in wireless technology with the new administration. Vendors in the exhibit hall showed IP video, wireless security, narrowband radios, M2M, mass notification, spectrum listing services, billing systems, IP dispatch, RF peripherals and other wireless innovations. Details on the 2009 event will be announced soon. 

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EWA Updates 470-512 MHz Coordination Procedures

EWA has streamlined its procedures for completing a modification of an existing 470Ð512 MHz license to convert from a FB2/MO or FB6/MO6 to a YG FB8/MO8 license. The new procedures determine that the applicant has exclusivity whether it is a single location or multiple sites under a single call sign. It first confirms whether there are any pre-existing co-channel licensees within the specific market area and if the applicant has sufficient loading to qualify for exclusive use of the frequency. Once these items are verified, EWA will certify the conversion to FB8/MO8 status. EWAÕs coordination fee for this determination is $100 per frequency pair. If co-channel licensees are identified then the application will be returned without action and a $100 per application administrative fee will be assessed.

The procedure for increasing the number mobile units on a 470 -- 512 MHz license ensures there are no co-channel licensees either within 64 km (39.7 miles) of a fixed site or within 136 km (84.5 miles) of the specific market area if the application has multiple sites on their license. If it is found that there are no co-channel licensees then EWA will certify the request to increase the mobile count. The fee to increase mobile counts on 470-512 MHz licenses is $100 per frequency pair per call sign. If you have any questions concerning the conversion of a FB2 or FB6 system to FB8 or to increase your mobile count contact Ila Dudley at 703 797 5125 or at ila@enterprisewireless.org.

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Sales Leads for New Narrowband Technologies

How important are decent sales leads these days? If you are actively selling new narrowband technologies, then your sales team should have a quality listing of all licensees that are hanging on to their 25 KHz systems. These licensees, both business and public safety, are the sales prospects you should be approaching. As you well know, 25 kHz bandwidths will not be permissible after January 1, 2013!

Contact EWA today for a state wide listing of all licensees who are currently licensed for 25 kHz systems within the 150-512 MHz bands.

These EWA narrowband transition sales lead reports are provided to you via e-mail in spreadsheet format. All pertinent licensee information is provided. Individual state reports are $250 per state and will be supplied within two business days. 

Contact 800.482.8282 or email Louise Hippolyte to request your report today. EWA members are getting this notice prior to release to the general industry.

EWA Will Coordinate and Certify your 800 MHz Public Safety `Interleaved' Applications

Are you aware that the first segment of 800 MHz spectrum being vacated by Sprint Nextel in the interleaved bands between 854-860 MHz will soon be available for public safety? Did you know that EWA can coordinate and certify your public safety customer applications seeking access to this 800 MHz spectrum? 

Yes, you read that correctly, EWA can process and certify these public safety applications.

EWA is now accepting applications for frequency coordination on behalf of public safety licensees seeking access to 800 MHz spectrum vacated by Sprint Nextel. This spectrum will be released in several stages based on demonstrated demand from public safety entities. The applications will be coordinated and certified based on channel availability in individual markets as posted by the Wireless Telecommunications Bureau (WTB) and Public Safety and Homeland Security Bureau (PSHSB) public notices. 
To submit your public safety applications or if you need further information, contact Ms. Ila R. Dudley, EWA Vice President, Spectrum Management, at 800.482.8282 or via email.

FCC Rules on TV White Space

The FCC has adopted new rules intended to allow new, sophisticated wireless devices to operate on a secondary basis in the so-called ÒTV white spaceÓ- those portions of the broadcast television spectrum that are currently unused. The rules will permit the operation of unlicensed devices such as cellphones and laptop computers, and the deployment of broadband services to the public and the business community. The rules will allow for both fixed and portable devices. Additionally, the Second Report and Order (ET Docket No. 04-186) adopted by the Commission includes a number of safeguards to protect incumbent services, such as television stations and wireless microphones, against harmful interference. All devices that will operate in the white space must include geolocation capability and a provision to access Internet databases of incumbent services, and must have spectrum sensing technology. MORE

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FCC Grants Nextel Relief at 800 MHz

On October 30th, the FCC granted NextelÕs Petition for Relief asking that the FCC allow it to clear its interleaved, guard band and expansion band channels (854-862/809-817 MHz) in stages based on region-by-region progress made by public safety licensees relocating to the NPSPAC band.

The FCCÕs decision also specifies that Nextel must relinquish all non-border spectrum below 815/860 MHz in non-border areas by March 31, 2010, irrespective of whether public safety has completed its migration to the new NPSPAC band. Further, Nextel will be permitted to remain on those channels beyond that date provided that it is prepared to vacate any channel on 60-days notice from a public safety incumbent prepared to operate on the channel. MORE 

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New FCC 800 MHz Vacated Channel Database Means Spectrum Available for Licensing

The FCCÕs Public Safety and Homeland Security Bureau (PSHSB) and the Wireless Telecommunications Bureau (WTB) have established a new 800 MHz Vacated Channel Search Engine enabling public safety and critical infrastructure industry (CII) entities, frequency coordinators, and the public to identify 800 MHz channels in the Interleaved Band (809-815/854-860 MHz) that have been relinquished by Sprint Nextel Corporation (Sprint) as part of rebanding.

The vacated spectrum will be made available for licensing exclusively to public safety entities for the first three years after the release of the frequencies. After that it would be exclusively available to Public Safety and CII eligible entities for the following two years. After the five-year period the spectrum would then open up to Industrial/Business applicants.

The Notice is clear that it is simply announcing the search engine availability and does not authorize the submission of applications for the channels in question. The FCC will issue a subsequent Public Notice, in which it will identify the channels by region and frequency range and will establish application windows, filing procedures and frequency coordination requirements. MORE 

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FCC Takes Another Look at Universal Service Issues

The Report & Order and Further Notice of Proposed Rulemaking released November 5 rejects the November 2007 recommendations of the Federal-State Joint Board on Universal Service. The FNPRM was adopted in response to Congress directing the Commission to reform its universal service program to make support explicit and sustainable in the face of developing competition amongst telephone service providers.

There is a concern that the universal service contribution base is eroding as the prices for interstate and international services have dropped as carriers are converting from circuit-switched networks to Internet-based networks. The Commission is seeking comment on three specific proposals included in the FNPRM. This should be of particular interest to paging carriers and ISPs.

The 430-page document was released on November 5 concerning an Order on Remand, Report and Order and FNPRM that addresses the ISP-Bound Traffic and the Reform of High Cost Universal Service Support. The Order on Remand results from a D.C. Circuit Appeals Court writ directing the Commission to respond to the courtÕs prior remand of the CommissionÕs intercarrier compensation rules for Internet Service Provider (ISP)-bound traffic. The Commission concludes that it does have the authority to impose ISP-bound traffic pricing rules. MORE 

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TIA Seeks Clarification of 12.5 kHz Migration Issues

The Telecommunications Industry Association (TIA) has sent letters to the chiefs of the FCCÕs Wireless Telecommunications Bureau (WTB), Public Safety and Homeland Security Bureau (PSHSB), and Office of Engineering and Technology (OET) requesting a meeting in order to obtain clarification of certain issues arising from the approaching deadlines for migration to 12.5 kHz.

In its letter to the WTB and PSHSB, TIA voices its support for LMCCÕs January 2008 letter to the WTB that proposes steps that licensees must take to meet the January 2011 and January 2013 migration deadlines, and sanctions for those licensees who fail to meet the deadlines. TIA is requesting some response or guidance in this matter.

TIAÕs letter to OET seeks clarification on certain technical standards that radio equipment must meet as part of the mandatory migration. WTB Letter  OET Letter

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Lifeline Management Names New VP of Sales

Lifeline Management, a provider of two-way wireless software solutions has named Brenda Gray as vice president of sales and marketing. Gray brings to Lifeline experience in providing software solutions to the public safety market at the local, state, and federal levels. MORE

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Joe Vestal Honored by Radio Club of America

Joe Vestal, Fleet Talk Management Services, received the Lee de Forest Award for 2008 from the Radio Club of America at their annual banquet and awards presentation, held November 21 at the New York Athletic Club. The Award is made in memory of the many contributions of Dr. Lee De Forest to the radio communication industry and is awarded by the Board of Directors to a person for significant contributions to the advancement of radio communications. 

Joe Vestal was honored for his long time commitment as a guiding force, board member and executive committee member for professional trade associations including AMTA and EWA. Prior to founding Fleet Talk Management Services, Mr. Vestal had a long career in management with Motorola in their land mobile radio products division. The Radio Club of America is a 99 year old association for radio communications and is a 501 (c)3 organization awarding scholarships to college students pursuing wireless or broadcast educations. EWA made a donation in honor of Joe Vestal to the Fred Link Fund, one of the Radio Club scholarship funds, during the annual banquet. 

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EWA Highlights Key Issue in Regulatory Fee Comments

In Reply Comments filed in the FCCÕs Regulatory Fees rulemaking (MD Docket No. 08-65) EWA emphasized that the reduction in PLMR licenses in recent years Òis not, and should not be viewed as, a reflection of any diminution of the PLMR communityÕs reliance on and need for wireless communication services."

EWA expressed concern that PCIAÕs use of the term Òdeclining industryÓ in reference to PLMR might be susceptible to misinterpretation. EWA further points out that in context, PCIA is referring to Òa decline in the total number of licensees rather than as a suggestion that the entities that comprise the PLMR community are in decline, either in their businesses or in their use of telecommunications in support of their primary activitiesÉÉ 

In the end, EWA cares only that the Commission re-evaluate its regulatory fee procedures with an accurate understanding of the resources it devotes to this industry segment and assess PLMR users accordingly, irrespective of whether the FCC concludes that the PLMR services are a Òdeclining industryÓ in the very limited and specific sense that the term is used by PCIA.Ó Read the Reply Comments.

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EWA Supports AAPC on Universal Service

EWA believes that paging carriers should not be burdened with an inequitable Universal Service Fund (USF) financial obligation and that the Commission should closely examine the USF contribution for paging carriers and afford financial parity for the paging industry versus cellular and PCS systems. EWAÕs comments in support of AAPC were sent in an Ex Parte letter in the FCCÕs Universal Service rulemakings (WC Docket No. 06-122/CC Docket No. 96-45). Read the Ex Parte letter:

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FCC Declines Nationwide Auction Plan for 900 MHz

As expected and strongly advocated by EWA, the Commission declined to adopt the proposed nationwide auction plan and will retain the existing site-based licensing model for the 199 channels allocated to the Business and Industrial-Land Transportation (B/ILT) Pool in the 896-901 MHz/935-940 MHz band. WT Docket No. 05-62 defines certain interference protection rights and obligations of all licensees operating in the 900 MHz B/ILT band. The freeze will be lifted on applications for new 900 MHz B/ILT licenses on a rolling basis, tied to the completion of rebanding in each 800 MHz NPSPAC regions. Most gratifyingly for EWA and its members, the FCC stated that ÒIn light of the record compiled in [this proceeding], our action today recognizes the important needs of 900 MHz B/ILT licensees for spectrum to expand or establish radio systems used by private wireless licensees, including many critical infrastructure industries, to provide services essential to the economic well-being and safety of our citizens and industries.Ó  MORE 

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New TA Plan and Wave 4 Extension in 800 MHz Proceeding

The 800 MHz Transition Administrator (TA) established a two-stage process for the US/Canadian Border Region that is a bit different than was done in the rest of the nation, with Stage 1 involving relocation of B/ILT and SMR incumbents from the ÒnewÓ NPSPAC spectrum and Stage 2 for the relocation of all public safety incumbents, whether operating on ÒnewÓ NPSPAC spectrum that needs to be cleared or ÒoldÓ NPSPAC spectrum where facilities will need to be moved down to the newly cleared band.

The TAÕs Plan included timetables for various stages of the reconfiguration process tracking the FCCÕs timetables in the rest of the country. Frequency assignments for Stage 1 incumbents will be issued prior to commencement of the 30-month transition period within which reconfiguration is expected to be completed, and Stage 2 incumbents should receive their assignments by mid-January 2009.

The TA Plan was approved by the FCC and they announced that the Canadian Border Region transition period will commence on October 14th, so Frequency Proposal Reports (ÒFPRsÓ) for those incumbents should be in the mail. MORE 

Wave 4 incumbents along the U.S.-Mexico Border received an extension on their reconfiguration period until January 2, 2009. MORE

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FCC Issues AM Radio Antenna Ruling

The Land Mobile Communications Council is expected to file comments to the Second FMPRM, which are due 30 days after the item is published in the Federal Register. Regulatory burdens on AM broadcasters will be reduced by permitting the use of computer modeling techniques to verify AM directional antenna performance.

The Commission simultaneously adopted a Second Further Notice of Proposed Rulemaking seeking additional comment on new rules regarding tower construction near AM stations that would not depend upon the service for which a tower is used. These actions come as part of the CommissionÕs long-open proceeding that addresses AM radio service directional antenna performance verification (MM Docket No. 93-177). MORE 

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Commission Rejects Secondary Markets Reconsideration

The Commission has issued a ruling reaffirming that certain leasing arrangements are not eligible for Òimmediate approvalÓ if foreign ownership is involved. The ruling rejects a Petition for Reconsideration filed by T-Mobile USA, Inc. in the FCCÕs Secondary Markets Rulemaking (WT Docket No. 00-230). MORE 

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OET Releases TV White Space Device Report

Detailed results of laboratory and field interference tests of several prototype TV band white space devices and also makes a number of general observations about the overall results and evaluation of the performance of prototype TV-band white space devices were included in the FCC Office of Engineering and TechnologyÕs latest report. Public Notice, Executive Summary.

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EWA Participating in Kenwood, Motorola Roadshows

Mark Crosby and Ron Franklin are hitting the road to participate in the Kenwood NEXEDGEª and Motorola MOTOTRBOª road shows. Mark and Ron have been providing presentations on the transition of current 25 kHz wideband licensees to the new narrowband technology. EWA wants to make sure that licensees and Wireless Sales and Service Providers know that the January 1, 2013 date is just around the corner. 

EWA can make the transition easy by completing the application for modification to the new emissions, performing the coordination and submitting the application to the FCC. With the addition of the new narrowband emissions to a license there is no build out notification requirement. Call customer service at 800 886 4222 or email and we can take care of it all.

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Still Time to Make Your Plans for Enterprise Wireless 2008

Enterprise Wireless 2008 is breaking new records in attendance and you can still be a part of it. You absolutely donÕt want to miss our keynote speaker, Dr. Coleman Bazelon, who will give you the insights into succeeding in a new AdministrationÕs economic and wireless landscape Ð itÕs only two days after the election so itÕs the perfect time for ÒNew Technologies, New Competitors and Now a New PresidentÉWhat Should I Know?Ó Make your plans today to join your fellow EWA members to see the leaders in wireless technology in the exhibit hall, learn from a comprehensive session schedule and engage in an excellent networking opportunity. See what you donÕt want to miss to ensure your success at Enterprise Wireless 2008. 

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EWA Pushes for More Equitable Regulatory Fees

EWA has filed comments recommending that the FCC maintain its current system of allocating full time employee (FTE) costs on a pro rata basis among PLMR licensees assuming the total FTE cost has been appropriately established. Doing so will correct the total PLMR regulatory obligation to a more representative level. EWA also noted that the FCC would be ill-advised to establish regulatory fees based on strategic agency goals as that approach would rely on subjective evaluations that could not possibly be an accurate method of distributing costs across the Commission.

Comments were filed in response to the the FCCÕs rulemaking Assessment and Collection of Regulatory Fees for Fiscal Year 2008 (MD Docket No. 08-65). The Commission issued the Further Notice to consider for the first time since 1994 how it might establish regulatory fees on a more equitable basis. MORE

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New Proposal at 700 MHz

The FCC has adopted a Third Further Notice of Proposed Rulemaking in their ongoing 700 MHz proceeding (WT Docket No. 06-150/PS Docket No. 06-229). The proposal retains the FCCÕs requirement that the D Block licensee enter into a public/private partnership with the public safety broadband licensee for the purpose of constructing a wireless broadband network that will provide service to both commercial users and public safety entities. The FNPRM also proposes to offer the D Block either as a single nationwide license or on a regional basis using 58 geographic areas dubbed ÔPublic Safety RegionsÕ. The Commission is also seeking comment on the proposal to establish rules that will ensure that a single broadband interface is used nationwide to ensure interoperability, especially when public safety users roam outside their home region. Comments are due 30 days after the item is published in the Federal Register. MORE

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900 MHz on October Agenda

the tentative agenda for the FCC October 15th open meeting includes two 900 MHz items: a Report and Order pertaining to the licensing paradigm for the 199 channels allocated to the 900 MHz B/ILT pool, and an Order considering applications for proposed non-SMR trunked service in the 900 MHz B/ILT pool band. It is anticipated the FCC will not adopt a nationwide auction plan at 900 MHz, a position that has been championed by EWA. The agenda also includes an Order on 800 MHz rebanding concerning NextelÕs continued use of the interleaved channels. MORE 

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LMCC Announces Narrowband Coordination Consensus

The Land Mobile Communications Council (LMCC) has adopted a frequency coordination consensus, meant to accommodate new narrowband technology systems into the existing land mobile radio bands. Under the auspices of LMCC, the frequency advisory committees (FACs) determined that new frequency coordination requirements are needed to effectively enable the deployment of new FDMA and TDMA narrowband technologies. The FACs have developed a set of coordination procedures to protect existing systems and concurrently provide opportunities for licensing new technology systems. MORE

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FCC Demonstrates 800 MHz Vacated Spectrum Database

The FCC has provided the frequency advisory committees (FACs) with a demonstration of the CommissionÕs new 800 MHz Vacated Spectrum Database containing the 800 MHz channels vacated by Sprint-Nextel. Channels will be available for use only by public safety entities for the first three years and by public safety and so-called critical infrastructure licensees in years four and five. During this five year time frame, FACs will have to consult the database to ensure that a given frequency is available in the geographic area requested by the applicant. The demonstration included a preview of what the ULS screens will look like and how they will function. We expect that the database will be activated before the end of 2008.

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Motorola Announces Nov 5 MSS Free Training

Keld in conjunction with Enterprise Wireless 2008, November 5-7 in Scottsdale, AZ, this free event starts at 12:30PM with MR Channel Updates and features keynote Ron Myers of ServiceSource to talk about the potential for higher growth and profitability through services. There will be a preview of new products in the afternoon and a hosted reception at 5:30PM. Register on line at Registration 2008. For further details on the agenda Ð MORE

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Book by October 13 and save on your hotel room 

Rooms for Enterprise Wireless 2008 are only $159 until October 13 at the Four Diamond Doubletree Paradise Valley. Book today and save directly at Enterprise Wireless Alliance. Full conference details including ÒSeizing the SizzleÓ and ÒSpectrum Driving New Business ApplicationsÓ are at Enterprise Wireless 2008.

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Eric Hill named VP-Business Technology

Enterprise Wireless Alliance (EWA) has named Eric Hill to the newly created position of Vice President-Business Technology. Hill has an extensive management background in wireless and technology trade associations at CTIA and the GSM Association and with VeriSign and Iridium. Hill will be responsible for creating new business opportunities and programs for EWA members and clients in emerging wireless technologies.

Hill, of Reston Virginia, served as Assistant Vice President & Industry Affairs Director for CTIA and was the first employee of that wireless trade associationÕs Cibernet subsidiary. He joined Iridium as Director Ð Roaming Operations in 1996 and then in 2000 became Programs Director at the GSM Association, an international association serving wireless carriers. Prior to his most recent experience as a telecommunications consultant, Hill was with VeriSign as the Director Ð Industry Relations with responsibility for global marketing and business development within telecommunications trade associations and standards development organizations. MORE

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Smaller Carriers Exempt from Backup Power Rule 

Non-nationwide CMRS licensees with fewer than 500,000 subscribers are exempt from FCC Rule ¤12.2. This rule requires local exchange carriers (LECS), including incumbent LECS, competitive LECS, and commercial mobile radio service providers to have an emergency backup power source for all assets that are normally powered from local AC power, including those inside central offices, cell sites remote switches and digital loop carrier system remote terminals. EWA has received several inquiries from members asking whether they were obligated to maintain a backup power source. MORE 

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Fee payments due to FCC on Thursday, September 25

A Public Notice detailing the methods and procedures for payment of 2008 regulatory fees has been issued, with fee payments due no later than Thursday, September 25, 2008. MORE 

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Make Internet Payments Only via FCC Web Site

The Commission has received complaints about Internet sites to which licensees are redirected for the purpose of collecting financial information. The FCC has issued a Public Notice warning licensees to be careful when making their regulatory fee payments via the Internet and payors are reminded to make any Internet payments only via the FCCÕs authorized website. MORE 

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FCC Seeks Comment on Fee Collection, Issues Aids in Commenting

Commenters on the collection of regulatory fees for FY 2008 are asked to consider whether some FCC fee categories bear too heavy a regulatory burden and if other fee categories should be responsible for a larger share of the total regulatory fees collected by the agency. To assist commenters, the Commission has issued a Public Notice that presents several charts and tables that present a breakdown of the costs incurred by the CommissionÕs regulatory activities.

Last month the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking regarding the collection of regulatory fees for Fiscal Year 2008. The Commission is seeking comment on ways that it can better determine and calculate the regulatory fees in a way that is aligned with the CommissionÕs regulatory activities. MORE 

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Nextel Waiver Extended Again

Sprint Nextel is required to vacate designated spectrum by September 24, 2008, due to the FCC, on its own motion, issuing an Order extending by an additional 30 days the deadline by which Sprint Nextel must vacate much of its 800 MHz spectrum holdings. The spectrum at issue includes the Interleaved Band (809-817/854-860 MHz), the Expansion Band (815-816/860-861 MHz), and the Guard Band (816-817/861-862 MHz). The Order once again extends a previously granted waiver. MORE

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FCC to Offer Regional Public Safety Spectrum?

The Wall Street Journal has reported that the FCC is considering carving up the 700 MHz ÒD BlockÓ channels and selling the spectrum to commercial entities by state or region. The spectrum has been designated for use by public safety agencies but attempts to auction the spectrum earlier this year to a single national licensee failed to find a buyer.

The Commission had hoped to sell the spectrum to a commercial phone company which would then be required to provide public safety communications on a priority basis. The WSJ states that the FCC will be voting this month on a rule that would set the terms for a new sale that would offer prospective buyers the chance to bid for chunks of spectrum on a regional basis with the understanding that public safety agencies would get rights to use the spectrum for emergency communications. Public safety officials in some large cities have expressed their displeasure over the proposal. MORE

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FCC Initiates Biennial Review

The FCC has initiated its statutorily required biennial review of its rules to determine which ones, if any, should be deleted as unnecessary, outmoded or otherwise obsolete. Public suggestions for rules eligible for deletion under this standard are requested to be filed with the FCC by October 6, 2008. MORE

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EWA Responds Again in CA Defective Coordination

EWA has once again written to the FCC in objection to a 470-512 MHz TV band application filed by the County of Marin, California. The public safety eligible has resubmitted its application to operate on Industrial/Business pool frequencies without first obtaining the signed concurrence of the affected incumbent I/B licensees, as the Commission instructed the County to do in its initial Return Notice. EWAÕs letter notes that APCOÕs certification of the CountyÕs application does not conform to existing FCC rules and policies.

For more information, Click Here

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FCC Adopts New Regulatory Fees; Will Review Assessment Process

The FCC did not modify its proposal for a $40 annual regulatory fee for exclusive use PLMRS and $20 per year for shared used PLMRS, as expected, in the FCCÕs annual Regulatory Fee Order adopted on August 8., It also retained the $.08 per subscriber for CMRS Messaging Service licensees, including non-ESMR SMR entities. 

In response to comments from EWA and others, the FCC acknowledged that the regulatory fees for these services have Òincreased significantly over the past three years; however, there are 74 percent fewer licensees in 2008 than there were in 2005.Ó The FCC noted EWAÕs observation that there are few rulemakings associated with these licensees and the FCC has not allocated additional spectrum for these users since the mid-1980s. It also agreed the majority of these licenses are site-specific and such licensees often require multiple authorizations, further increasing the regulatory fees assessed. 

The FCC declined to freeze the regulatory fees for these services. However, presumably in response to comments from EWA and others, the FCC has also adopted a Further Notice of Proposed Rulemaking (FNPRM) to consider for the first time in a decade how to make the regulatory fee assessment process more equitable generally and, specifically in reference to the PLMRS regulatory fees, has stated that it will consider their fees Òmore comprehensivelyÓ in the context of that proceeding. EWA intends to file comments on the FRPRM which will be due 30 days after publication in the Federal Register. 

For more Information got to:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-182A1.pdf

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September 8th deadline for CMAS Participation Election

The FCC issued a Public Notice advising all CMRS licensees (all interconnected commercial service providers, irrespective of the band in which they operate or how much spectrum they use) that they are required to file an election with the FCC by September 8th advising the FCC whether they intend to participate in the Commercial Mobile Alert System (CMAS). The CMAS is a Federally-authorized program pursuant to which the FCC established an industry group to develop technical requirements and protocols that permit CMRS licensees to deliver emergency alerts to the public. Those standards have been adopted and operators who intend to provide this service must comply with them. 

The FCC has not provided a form for making this election, but has simply advised licensees to submit their notifications by filing a letter through the normal ECFS electronic filing system under PS Docket No. 08-146: http://www.fcc.gov/cgb/ecfs

 All CMRS licensees, even those that elect not to participate must familiarize themselves with the CMAS requirements regarding notification to existing and new subscribers about the operatorÕs ability to transmit emergency messages.

Participation in CMAS is entirely voluntary; no CMRS licensee is obligated to implement the technical capability to deliver emergency messages. Licensees electing to participate may later withdraw and those choosing not to participate now may change their election later. 

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TV White Space Device Test Results Awaited

The FCC is officially mum about how the TV White Space device testing is going, whether it is complete and, if not, when they expect it to be completed. Industry watchers have noted a variety of opinions about how successful the testing has been.. EWA continues to work on its own and with other like-minded organizations to identify an approach that will protect existing T-band PLMR operations from interference from unlicensed devices, and also promote rules for this unlicensed band that could enhance its utility to business enterprise and WISPs.

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FCC Proposes New Restrictions for 700 MHz Band

The FCC has adopted a Notice of Proposed Rulemaking and Order that proposes prohibiting low power auxiliary stations, including wireless microphones, from operating in the 700 MHz band after the end of the digital television transition on February 17, 2009. The FCCÕs action is intended to ensure that low power auxiliary operations do not cause harmful interference to new public safety and commercial wireless services in the band. The Order also imposes a freeze, effective upon its release, on the filing of new applications for low power auxiliary station licenses that seek to operate on any 700 MHz band frequencies after February 17, 2009.

For more information, go to:
ttp://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284758A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-188A1.pdf

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FCC Increases Filing Fees

As of September 8, 2008 EWA will implement the collection of the new FCC regulatory fees with all applications received as of that date. The FCC filing fee for a new license below 470 MHz is $260 and the cost of a 470 MHz and above license is $460. The cost of a modification of an existing license is still $60.

These fees will pertain to any application received by EWA whether by Netlicense, EWA worksheet or Radiosoft. This is to ensure that all applications received and coordinated by EWA will have the required fee when it is submitted to the FCC. 

This change is due to the FCC implementing its new regulatory fees effective September 25, 2008. This is 30 days after the FCC Report & Order and Further Notice of Proposed Rule Making (R & O and FNPRM), MD Docket No. 08-65, concerning the Assessment and Collections of Regulatory Fees for FY 2008 that appeared in the Federal Register on August 26, 2008. 

If you have any questions contact EWA Customer Service at 800 482 8282 or 800 886 4222.

LMCC Adopts Narrowband Coordination Consensus

On August 4, 2008, the LMCC submitted a letter to the FCC advising the Commission that the frequency advisory committees have developed a set of coordination procedures that will serve to protect existing systems and concurrently provide opportunities for licensing 6.25 kHz or equivalent bandwidth systems in the VHF and UHF bands. VHF systems will use a 13 dB derating of the interference contour for systems spaced at 7.5 kHz; and UHF systems will use an 8 dB derating of the interference contour for systems spaced at 6.25 kHz. The LMCC asked the FCC to issue a Public Notice to alert the industry as to the FACs consensus procedures. MORE

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Public Safety Interoperability Subject of FCC Hearing

Three panels of experts testified on issues related to the D Block and public safety interoperability at an FCC en banc meeting in Brooklyn, NY. Both Verizon and AT&T presented the position that the D Block spectrum should be assigned for public safety use and that public safety should issue RFPs for regional broadband networks for wireless carriersÕ response. Both carriers take the position that this approach would require Congressional action to reallocate the D Block from commercial to public safety use. Neither has proposed any realistic funding mechanism for public safety to pay for these networks. 

NYPD and FDNY stated that they would not be inclined to participate in a nationwide broadband system. Both organizations currently are utilizing a broadband network deployed on leased spectrum and paid for with $500 Million in Federal grants, an option that is not likely to be available to other communities. 

The FCC did not seem inclined at the hearing to abandon the public/private partnership in favor of auctioning the D Block without public safety obligations, but it is unclear what the next step will be or when.

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Wireless Microphone Use Focus of Complaint

The Public Interest Spectrum Coalition has filed an Informal Complaint and Petition for Rule Making at the FCC seeking, among other matters, the creation of a General Wireless Microphone Service in the UHF channels below Channel 52 on a secondary basis to broadcast licenses and individually licensed wireless microphone systems. 

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President Obama or McCain Ð What Impact on Your Business?

ÒNew Technologies, New Competitors and Now a New President É What Should I Know?Ó is the keynote address at Enterprise Wireless 2008, presented by Dr. Coleman D. Bazelon of The Brattle Group. On November 6, 2008, the first day of Enterprise Wireless 2008, there will be a newly elected President of the United States. What will this mean? How will the spectrum policies of a President McCain or a President Obama impact wireless communications? What changes can we expect to see at the FCC? Will these changes threaten your business or create new opportunities? 

Specific topics Dr. Bazelon will address include:

á How can you move from a focus on wireless technology in your business to one on strategy and why that matters? 
á Why does the TV White Space initiative matter to your business?
á How can your business, no matter the size, actually affect spectrum policy?
á What can you learn from the macroeconomics of wireless communications to use in tactical planning for your business and to assist you in making

Dr. Coleman D. Bazelon, a principal of The Brattle Group and a telecommunications and economic policy advisor to leading wireless manufacturers, commercial operators, and government agencies, will address these questions. He is a leading expert on radio spectrum management reforms. While at the Congressional Budget Office, he estimated the budgetary and private sector impacts of spectrum-related legislative proposals, and advised on auction design. Currently, he is engaged in numerous wireless policy issues before the FCC and Congress. While Dr. Bazelon can describe the view from 30,000 feet on spectrum policy, he will also provide critical advice on how to deal with the upcoming changes of a new Administration, the impact that these changes will have on your business, and when you can expect these changes, whether you are a supplier, an enterprise wireless user, or a wireless sales and service provider.

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Register Today for Enterprise Wireless 2008

First time in the Western U.S. and with new exhibitors joining every week, Enterprise Wireless 2008 is the networking event that will give you insights into regulatory policy, give you time for strategic discussions with your peers and show you the latest in wireless technology. Save on your registration and book your hotel early Ð only $159/night at the Four-Diamond Doubletree Paradise Valley, visit the Enterprise Wireless web site for updated information.

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EWA Supports Sprint Nextel Petition

In a letter to the FCC, EWA supported a Sprint Nextel request that they be permitted to continue to use the interleaved, expansion and guard bands during the 800 MHz rebanding process until it could be demonstrated that the spectrum was essential for meeting clearly identified and immediate public safety requirements.

EWA specifically noted that a Òflash cutÓ requirement for Sprint Nextel to vacate its use of that spectrum on July 1, 2009, as specifically recommended by the public safety community (see separate story below) or at any later date, would be highly disruptive to Sprint NextelÕs network supporting business enterprises and even public safety users. 

EWA also advised the FCC that it did not agree that the Òspectrum vacated by Sprint Nextel necessarily should be reserved for public safety use for three years, and two years thereafter, for public safety and critical infrastructure industry eligible users only," since the current definition of critical infrastructure excludes essential segments of American industry. MORE 

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EWA Awarded Contract by Los Angeles County Metropolitan Transportation Authority (Metro)

EWA was awarded a three year contract to provide FCC license management, application preparation, frequency coordination and related spectrum advisory services to Metro, following completion of a formal competitive bidding process.

MetroÕs service area covers 1,433 square miles and a population of over 9.6 million people. MetroÕs critical spectrum resources are located in numerous bands including 160, 450, 508 and 900 MHz.

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FCC Decision May Be Close on 900 MHz Spectrum Order 

An FCC decision may be close to return what remains available within the 900 MHz Industrial/Business pool of frequencies to a site-based licensing formula. EWA has discovered that the FCC has placed an order to this effect Òon circulationÓ (translation Ð written recommendation from the ChairmanÕs office seeking commissioner votes).

If the FCC decides to return to site-based licensing, it would mean that a proposed auction would not be held and the freeze on new system applications would be lifted. We have not seen the actual order nor will we until a final decision is made by the Commission. 

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Sprint Nextel Seeks Deferral of Financial True-up Process

The FCC has been urged in a letter from Sprint Nextel to defer the reconfiguration financial true-up process until after the 800 MHz and Broadcast Auxiliary Service relocation processes are completed. The deadline for completing the true-up to the original completion dates for both reconfiguration efforts are currently tied, and both now have been extended significantly. MORE  

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Public Safety Associations Request Access to Interleaved Channels

The Association of Public-Safety Communications Officials International, Inc. (APCO), the International Association of Chiefs of Police (IACP) and the International Association of Fire Chiefs (IAFC) filed a letter with the FCC stating that, while they would prefer a more aggressive schedule for clearing the ÒinterleavedÓ channels at 800 MHz, they would not object to a staged relocation process, provided that Sprint Nextel vacate all interleaved spectrum by July 1, 2009, at least upon 60-day notice that agencies are prepared to operate on the channels. MORE

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FCC Extends AWS-3 Band Comment Period

And speaking of differences of opinion, the FCC extended the comment deadlines in this proceeding to July 25, 2008, and August 11, 2008. The Commission proposed rules governing the 2155-2180 MHz band (AWS-3) that would, among other provisions, adopt a single nationwide licensee, require that the licensee provide free, two-way broadband internet service using up to 25 percent of the licenseeÕs network capacity, and require the licensee to provide for open devices and open applications for its premium services and open devices for its fee services. 

The major carriers strongly oppose the FCCÕs proposals for the AWS-3 band, especially the requirement that the auction winner devote 25% of its capacity for free internet access. T-Mobile is concerned that the technical parameters are insufficient to protect their multi-billion dollar investment in the adjacent AWS-1 band. Several members of Congress have weighed in suggesting that the FCC should stop placing operational conditions on spectrum targeted for commercial purposes, as that tends to reduce auction revenues. Interested parties tend not to change their minds given an extended period of time to file comments at the FCC. MORE 

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D.C. Circuit Rule Holds FCC Backup Power Rules Appeal in Abeyance

The Court ruled that the case is not yet ready for review because OMB has not reached any decision regarding the rulesÕ information gathering requirements under the Paperwork Reduction Act. They issued an opinion holding in abeyance an appeal of the FCCÕs backup power rules pending Office of Management and Budget (OMB) approval of the information collection provisions contained in the FCCÕs Hurricane Katrina Orders.

The FCC adopted its rule requiring CMRS providers to have emergency power backup at their base stations and terminals in 2007 as an outgrowth of recommendations of an advisory panel concerning improvements to the nationÕs communications infrastructure during emergencies such as Hurricane Katrina. Local exchange carriers and CMRS providers are not required to comply with the rules while they are still under OMB review. MORE

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FCC Adopts CMAS Testing Requirements

The new rules require participating Commercial Mobile Service (CMS) providers to participate in monthly testing and additional periodic testing of the interface between the Federal Alert Gateway and the participating CMS Provider Gateway. Monthly testing also must demonstrate the effectiveness of subscriber equipment in receiving alerts, but does not require carriers to sell mobile devices that receive alert tests to the public. MORE 

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Sprint NextelÕs 800 MHz Waiver Request Granted

With a June 19th decision, Sprint can remain temporarily on channels in the 851-854/806/809 MHz band beyond June 26, 2008 under defined conditions. Specifically, the FCC agreed to allow Nextel to continue operating on a 1-120 channel provided that it relinquish any such channel to the relocating NPSPAC licensee on 60 days notice. Further, even if a 1-120 channel is not needed to relocate a NPSPAC licensee, Nextel still must vacate the channel if (1) the corresponding NPSPAC channel (866-869/821-824 MHz) is clear and available for NextelÕs use or (2) the channel is licensed for new post-rebanding NPSPAC facilities. MORE

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Sprint Nextel Asks for Additional 800 MHz Relief

Nextel submitted a Petition for Relief on June 19th asking that the FCC allow it to clear its interleaved, guard band and expansion band channels (854-862/809-817 MHz) in stages based on region-by-region progress made by public safety licensees relocating to the NPSPAC band. The FCC waived the June 26, 2008, deadline for 30 days while the FCC considers the request. MORE

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Over 500 Public Safety Waivers Granted at 800 MHz

Waivers were granted to incumbents that had filed 500 Public Safety waivers requesting extensions of the June 26, 2008, reconfiguration deadline. The FCC issued eight separate Orders, two for each of the four reconfiguration geographic waves, one of which addressed licensees that had negotiated Frequency Reconfiguration Agreements (FRAs), but that requested waivers because they did not expect to complete their reconfiguration by the deadline and a second in each wave for incumbents that had requested interim waivers because they had not yet negotiated an FRA and, therefore, did not have a firm reconfiguration deadline to propose. 

For complete details including text of the eight (8) orders, MORE For those seeking a waiver, the FCC granted reconfiguration deadlines as requested up to July 1, 2009. Licensees that expected the work to take longer were granted waivers until then with a provision for requesting additional time based on a sufficient showing of progress to date and the further development of regional implementation timelines by the FCC. Licensees that proposed reconfiguration deadlines later than July 1, 2009, but that did not provide the required milestone dates for completion of interim steps must supplement their waivers within 30 days of the FCC action by submitting proposed milestone dates for subscriber unit deployment, system cutover, and post-cutover modifications. Their requests will be held in pending status until the supplemental information is received and acted upon by the FCC. 

The FCC took different steps with respect to requests for interim waiver relief. Those licensees that expected to negotiate their FRAs and provide the FCC with proposed timetables on or before July 18, 2008 were granted waivers until the dates they requested, provided that each licensee submits a supplemental waiver request by the interim deadline specified in the Order. That supplemental filing must provide proposed milestone dates for completion of subscriber unit deployment, system cutover and post-cutover modifications. Licensees that had requested interim dates that had passed by the issuance date of the Order must file supplemental requests within 30 days specifying a proposed timetable consistent with the Waiver Guidance Notice. Finally, the FCC noted that it expected incumbents that had failed to specify interim dates or that had requested dates beyond July 18, 2008, to complete planning and submit a waiver with a proposed timetable at least to be far enough along with their planning by July 18th to provide projected milestone dates for completion of the major steps in rebanding (subscriber deployment, cutover and post-cutover activities.) The FCC noted that upon submission of a supplemental request consistent with the FCC requirements, an incumbent would be granted interim relief until the FCC acts on the request. 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1427A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1428A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1429A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1430A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1431A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1432A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1433A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1434A1.pdf

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San Diego Channel 14 Application Rejected by FCC

Entravision HoldingÕs application for a low power television station on channel 14 in San Diego has been dismissed because Òthe Mexican Department of Communications has informed the Commission that it would object to the grant of the proposed facilities, because it does not comply with the distance required for protection of channels 14 Mexicali and 21 Tijuana, Baja CaliforniaÓ. The Commission avoided commenting on the merits of the application, or lack thereof, as pointed out by EWA in its objection filed earlier this year by citing this reason for dismissal.  Entravision has filed a Petition for Reconsideration.

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FCC Issues Emergency Assistance Reminder

Due to the severe flooding in the Midwest, the FCC has issued a Public Notice reminding communications providers how they can contact the FCC to obtain emergency Special Temporary Authorizations (STAs). The PN notes that the FCCÕs telephone Communications Center is staffed 24 hours a day. MORE 

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FCC Seeks Comment on 700 MHz Public Safety Issues

Comments are due July 16 with reply comments due July 31, 2008 on a Petition for Rulemaking filed by the National Public Safety Telecommunications Council (NPSTC). The petition proposes a number of changes to the FCCÕs 700 MHz Rule Section 90.531 addressing interoperability issues. MORE

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TAIT Appoints New President

TAIT Radio Communications has appointed Steve Cragg as its President. Mr. Cragg is a 20-year TAIT veteran and previously served as president 1997-2001. Former President Bill Fredrickson has been moved to a new role as Senior Vice President for the Global Utility Sector. The appointments were made to facilitate TAITÕs strategic global refocus on its key markets in public safety, utilities and urban transportation.

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Velocita to Purchase SkyTel

Velocita Wireless, LLC, a wholly-owned subsidiary of United Wireless Holdings, Inc. and a leading supplier of wireless network data services for machine-to-machine solutions, has announced the close of its agreement with Bell Industries to purchase SkyTel. The acquisition boosts United Wireless Holdings' annual revenues to over $100 million.

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Franklin Named EWA Vice President of Membership Development and Programs

Ron Franklin, a 14-year employee with Enterprise Wireless Alliance (EWA) and formerly the Director of Customer Service has been named interim Vice President of Membership Development and Programs. Karin Norton, who had been the Vice President of Membership Development since 1994 and with EWA since 1982, is on an extended medical leave. 

ÒI intend to follow the path of leadership that Ron Franklin has already established for this department and continue the tradition of excellent customer service and innovative services that she championed,Ó said Norton. ÒWe have a lot of exciting new programs, including the Premier Membership, and I am looking forward to working on those with our new and existing customers.Ó 

ÒI am looking forward to the continued professional support and guidance that Ron brings to this critical EWA executive position,Ó stated Ron Franklin. ÒHe has an excellent supporting staff in Donald Vasek, Nancy Gruen, Louise Hippolyte and Judy Wilson to help reach important organizational goals.Ó 

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EWA Opposes FCC Fee Increase

EWA has filed comments urging the FCC to Òrefrain from adopting its 2008 proposed Part 90 PLMRS fee increase until it has made public a detailed analysis in support of the new feesÓ. EWA noted further that ÒIn light of the reduced Commission staff with primary responsibility for Industrial/Business Part 90 activities and the minimal rulemaking activity in respect to these services in recent years, EWA must question whether the FCCÕs calculations accurately represent the regulatory costs associated with this category of Commission userÉÉÓ. EWAÕs comments were filed in response to the FCCÕs rulemaking proceeding; Assessment and Collection of Regulatory Fees for Fiscal 2008 (MD Docket No. 08-65). MORE

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FCC Grants Public Safety TV-Band Waiver in L.A.

The FCC has granted the City of Los Angeles a waiver permitting it to use three Industrial/Business Pool frequency pairs in the 470-512 MHz band for public safety communications. While these channels may be used to meet the CityÕs communications needs, an unstated and undesirable effect of the grant of this waiver is that the incumbent users have effectively given up scarce I/B channels to public safety, where they will likely remain in perpetuity. In granting the waiver, the Commission noted that the City had obtained letters of concurrence from the incumbent I/B co-channel licensees on all three frequencies. The FCC further noted the incumbentsÕ stated intention to cancel their existing authorizations upon grant of the CityÕs application. Read the Order: 

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AAPC Supports Continuing Regulatory Fee Cap for Paging Carriers

In comments filed with the FCC on May 30th AAPC supported the FCC's proposal to retain the fee for paging carriers at $0.08 per unit. The fee for paging carriers will have remained unchanged since Fiscal Year 2002, if adopted by the FCC in its final rules. The FCC has held the fee constant during this time, despite significant overall declines in the base of paging subscribers over which to spread the regulatory costs allocated to the paging industry. More AAPCÕs comments were filed in response to the FCCÕs rulemaking proceeding; Assessment and Collection of Regulatory Fees for Fiscal 2008 (MD Docket No. 08-65).  MORE

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First D Block Service Rule Comments Due June 20th

Comment due dates to the FCCÕs Second Further Notice of Proposed Rulemaking in the 700 MHz proceeding (WT Docket No. 06-150/PS Docket No. 06-229) will be due Friday, June 20th with reply comments due Monday, July 7th. The Second FNPRM is seeking public comment on how the Commission should proceed with the reauction and licensing of the 700 MHz D Block spectrum.

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LMCC Files Tower Registration Comments

The Land Mobile Communications Commission (LMCC) has filed comments presenting some potential solutions that would permit antenna structure registrants to apply for frequency coordination and licensing while the antenna structure registration application was still pending, which cannot be done now under current procedures. Comments were in response to a Commission Public Notice addressing the application and public notification process for antenna structure registration (WT Docket No. 08-61). LMCCÕs comments MORE 

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800 MHz TA Offers Update

The quarterly report for the quarter ending March 31, 2008 from the 800 MHz Transition Administrator has been issued. The 90 page document reports on the status of the reconfiguration process. MORE 

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Improper Coordination Gets EWAÕs Second Response

EWA has again written to the FCC regarding the County of MarinÕs application. The application for Industrial/Business TV-band spectrum filed by the County, a public safety entity, was filed without proper certification and did not conform with a number of FCC regulations. EWA filed its initial objection to the application in March. It was followed by a response from the consulting engineering firm representing the County. EWAÕs latest letter enumerates the misconceptions contained in the CountyÕs response.

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FCC Clarifies Migration to 6.25 kHz

The FCC has issued a ruling that seeks to reassure licensees that any future date certain for 6.25 kHz technology will be subject to a Further Notice of Proposed Rule Making.

The Fourth Memorandum Opinion and Order (MO&O) in WT Docket No. 99-87 Ð Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, is in response to two Petitions for Reconsideration to an earlier Order in this proceeding.

The MO&O clarifies that the Commission intends to provide notice and seek comment prior to adopting final rules establishing a 6.25 kHz migration schedule. They further noted that language in the previous Order was not intended to dissuade migration to 12.5 kHz technology by licensees that have already begun the process. 

The Commission also stressed that 12.5 kHz technology is a transitional step to 6.25 kHz technology and that licensees not planning to transition to 12.5 kHz until right before the January 1, 2013, deadline may instead wish to start planning now for a direct migration to 6.25 kHz. The earlier Petitions gave many in the industry the impression that the Commission would abandon its existing 12.5 kHz migration schedule in favor of a mandate for 6.25 kHz operations. MORE

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DC Circuit Upholds June 800 MHz Rebanding Deadline

The United States Court of Appeals for the District of Columbia Circuit has issued an Order upholding the FCCÕs June 26, 2008, deadline by which Sprint/Nextel must complete the rebanding process at 800 MHz.

Most industry watchers expect that the Commission will provide Sprint/Nextel with some nominal time extension since it is obvious that the rebanding process will not be completed by the June deadline.

Earlier this year the Commission established a process by which public safety entities can seek a waiver of the June deadline. If those waivers are granted, the FCC may grant a similar waiver to Sprint/Nextel to remain on General Category channels 1-120 until public safety licensees have vacated those channels. Last September the FCC ruled that Sprint/Nextel must vacate all portions of the 800 MHz band by June 26th even if incumbent public safety licensees have not yet relocated to other parts of the band. MORE

Sprint/Nextel Seeks General Category Waiver

Sprint/Nextel has filed with the FCC a Request for Waiver of the CommissionÕs June 26, 2008, deadline for completing the rebanding process at 800 MHz. The waiver requests that Sprint/Nextel be permitted to continue its operations on 800 MHz General Category channels 1-120 (806-809/851-854 MHz) beyond the June deadline until such time that the incumbent public safety licensees vacate the channels. The waiver further notes that over 500 public safety licensees have already sought waivers of the June deadline indicating that despite good faith efforts on the part of all involved, the deadline cannot be met. Sprint/Nextel contends that forcing it to vacate the General Category channels as ordered will cause unnecessary disruption to its 20 million customers. MORE 

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FCC Adopts US/Canada Border Region 800 MHz Band Plan 

• The FCC has released its Second Report and Order in WT Docket No. 02-55 Ð Improving Public Safety Communications in the 800 MHz Band, in which it adopted specific band plans for each of the eight regions along the US-Canadian border. Highlights include the following:
  
  Non-NPSPAC public safety systems in the 806-809/851-854 MHz portion of the band will relocate, to the extent feasible, to immediately adjacent U.S. primary spectrum above 809/854 MHz.
• Non-NPSPAC public safety systems that cannot be relocated above the 806-809/851-854 MHz band will remain in this segment but will be converted to operate with 12.5 kHz channel spacing.
•  NPSPAC systems currently on U.S. primary spectrum will move to the 806-809/851-854 MHz band, so that they are assigned channels that are contiguous with new NPSPAC operations in non-border areas.
• NPSPAC systems that currently operate on Canadian primary spectrum will relocate to the 806-809/851-854 MHz band to the extent feasible after all public safety licensees on U.S. primary spectrum have been accommodated. NPSPAC systems that cannot be relocated from Canada primary spectrum to U.S. primary spectrum will relocate to the lowest available Canadian primary spectrum and will continue to operate on a secondary basis to licensees in Canada.
• Non-public safety (B/ILT and SMR) systems in the lowest block of U.S. primary spectrum will relocate to U.S. primary spectrum above the lowest block of Canadian primary spectrum. In this upper portion of the band, ESMR and non-ESMR systems (high-site B/ILT and SMR) will be separated rather than interleaved, but non-ESMR systems will have the option of remaining interleaved with ESMR under certain conditions. The dividing line between ESMR and non-ESMR spectrum will vary by region depending on the number of incumbent non-ESMR systems that must be accommodated.
• The dividing line between Regions 2 and 3 will be revised to align with the Pennsylvania-Ohio border for the entire 800 MHz band.
• At the conclusion of rebanding in each border region, if Sprint Nextel Corporation (Sprint) retains any spectrum in the non-ESMR portion of the band (as determined for that region) that has not been used for relocation of incumbent licensees, this spectrum will be made exclusively available to public safety entities for three years and to both public safety and critical infrastructure entities in the fourth and fifth years.
• SprintÕs licenses will be amended to include the former NPSPAC band (821-824/866-869 MHz), which will be designated for ESMR operation. Sprint will be able to operate throughout the border regions on U.S. primary channels in this band, and will be allowed to operate on Canadian primary channels subject to the Arrangement F limitations on signal strength at the border.  MORE

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FCC Initiates Tower Proceeding

The FCCÕs Wireless Telecommunications Bureau has opened a rulemaking proceeding (WT Docket No. 08-61) following a recent decision handed down by the Court of Appeals for the District of Columbia Circuit in which the court found that the Commission failed to comply with a number of existing regulations concerning antenna structure registration applications.

EWA is working with the LMCC to prepare comments in this proceeding and also participated in a conference call with the FCC which they scheduled for the specific purpose of seeking LMCC input. Comments are due May 27, 2008. The proceeding was opened in response to a Petition for Expedited Rulemaking filed by a coalition of industry tower interests.

The coalitionÕs petition makes two tentative conclusions, specifically that the CommissionÕs rules should be revised to incorporate a notice, comment and approval process for antenna structure registration (ASR) applications modeled after the process for transfer and assignment applications; and, the CommissionÕs rules should be revised to clarify that any objection on environmental ground filed against an ASR application must be filed as a Petition to Deny. The Commission is seeking public comment on these tentative conclusions. MORE

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FCC Announces Proposed 2008 Regulatory Fees

The FCC has adopted a Notice of Proposed Rulemaking announcing the proposed regulatory fees for fiscal year 2008. Proposed fees include the following:

PLMRS Ð Exclusive Use - $40 per year Ð $5.00 increase over 2007

PLMRS Ð Shared Use - $20 per year - $5.00 increase over 2007

CMRS Mobile/Cellular Service - .17 per unit - .01 decrease from 2007

CMRS Messaging Services - .08 per unit Ð No change from 2007

Comments are due May 30, 2008; Reply Comments due June 6, 2008. MORE

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FCC Seeks to Reauction 700 MHz ÔDÕ Block

The FCC has adopted a Second Further Notice of Proposed Rulemaking (WT Docket No. 06-150/PS Docket No. 06-229) seeking public comment on how the Commission should proceed with the reauction and licensing of the 700 MHz D Block spectrum. 

The FNPRM does not put forward any specific course of action but rather seeks public comment, ideas, and recommendations on how to revise the rules for the D Block. It asks whether it remains in the public interest to retain a Public/Private Partnership between the D Block licensee and the Public Safety Broadband licensee.

It also seeks comment on various potential modifications to the current rules governing the Public/Private Partnership. Comments are also sought on the technical requirements of the shared wireless broadband network as well as a variety of other issues. This action was taken since the D Block spectrum failed to meet its $1.3 billion reserve price in the 700 MHz auction held earlier this year. MORE

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Emergency Power Backup Rule Argued Before Court

On May 8th at the U.S. Court of Appeals for the D.C. Circuit, oral arguments were held on CTIAÕs Petition for Review of the FCCÕs emergency power backup rule (¤12.2 of the CommissionÕs rules).

CTIA petitioned the court to overturn the rule after their Petition for Reconsideration was denied by the FCC. Experienced court watchers expect that a majority of the court will rule that the FCC exceeded its authority in adopting the rule. Insider will report when the ruling is issued.

The rule, resulting from the FCCÕs Katrina Panel (EB Docket No. 06-119/WC Docket No. 06-63), requires local exchange carriers and CMRS providers to have Òan emergency backup power source for all assets that that are normally powered from local AC commercial power, including those inside central offices, cell sites, remote switches and digital loop carrier system remote terminals.Ó The rule further states that this emergency backup power must be maintained for a minimum of 24 hours. 

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USMSS Announces New Strategic Alliance with Geo Product Solutions

NTSS, a wholly owned company of USMSS, has signed a contract with Geo Products Solutions (www.geoproductssolutions.com), a provider of commercial fleet management tools. 

Geo Products offers a hosted web based solution for fleet operators to track their vehiclesÕ operations. The Geo Products device has a real time data footprint, four levels of mapping view to fully leverage Satellite imagery technology, two inputs and two outputs to blend switch activity into the position data, automated exception alerts and reports to email, automated Geofence alerts, and just released- integration to Garmin Navigators yielding 2-way messaging and navigation.

For more information contact Brad Bartlett at Geo Product Solutions at (770)753-6438 or George Fleming at USMSS at (708) 488-9500.

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EWA Addresses TV White Space

EWA, the American Petroleum Institute and USMSS filed an ex parte letter with the FCC to address issues in the ÒTV White SpaceÓ (TVWS) rulemaking proceeding (ET Docket No. 04-186). The letter urged the Commission to adopt implementation rules to not only protect incumbent operations, but to create a more secure environment for IT networks for use by business enterprises and WISPS through a combination of equipment technology capabilities coupled with FCC system registration requirements.

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LMCC Holds Annual Meeting

During its recent 2008 annual meeting, the Land Mobile Communications CouncilÕs (LMCC) membership reviewed a number of outstanding matters including ongoing efforts to develop coordination standards to accommodate new TDMA and FDMA narrowband technologies.

The members also unanimously agreed to establish an International Committee whose first task will be to address the inequities experienced by US radio license applicants near the Canadian border that require prior concurrence from Canada to operate communications systems. Additionally, representatives from the FCCÕs Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering & Technology spoke to the membership on a variety of regulatory items currently under consideration at the Commission.

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Canadian Concurrence; A Case in Point

As noted above, the Land Mobile Communications Council (LMCC) of which EWA is an active member, will be identifying a plan of action to address the long-standing difficulties associated with securing approval from Industry Canada to operate land mobile systems north of Line A (75 miles from the Canadian border).

An illustrative example of this burdensome process was submitted to EWA by James Young, J. Young Associates, who since July 2007 has attempted to secure approval for a VHF system for a volunteer EMS and Fire Department that is located 100 miles from the border in Northern Michigan. James Young Letter

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Office of Inspector General Concludes 700 MHz Investigation

On April 25th, the FCCÕs Office of Inspector General (OIG) released a report in which it announced that the pre-auction activities of Cyren Call and the PSST did not cause the D-Block auction failure, confirming reports from both entities in response to certain allegations.

In its conclusion, OIG noted that potential bidders stated that the Òuncertainties and risks associated with the D Block, including, but not limited to, the negotiation framework with the PSST, the potential for default payment if negotiations failed, and the costs of the build-out and the operations of the network, taken together, deterred each of the companies from bidding on the D BlockÓ. 

The FCC is expected to release a Notice of Proposed Rulemaking (NPRM) in the immediate future seeking input on the terms and conditions under which the 700 MHz public/private partnership D Block will be re-auctioned. It is anticipated that the NPRM will be neutral, seeking comment on a number of issues. Report Summary

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800 MHz Rebanding

Rumor has it that the Public Safety and Homeland Security Bureau will soon be releasing an Order establishing a band plan for the Canadian border regions. Meantime, it does not appear that the FCC has yet acted on the more than 500 waiver requests it has received from NPSPAC incumbents who requested relief from the June 26 deadline for completing rebanding.

Finally, there has been no word yet from Federal Court regarding disposition of Sprint NextelÕs appeal of the FCCÕs decision directing them to vacate all channels below 862 MHz by the June 26th reconfiguration deadline, regardless of whether the vacated spectrum is needed at this time for relocating NPSPAC licensees. A decision is likely within the next few weeks as the Court had previously granted Sprint NextelÕs request for an expedited appeal process.

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Narrowbanding Decision Pending

At its May 14 public meeting, the FCC will consider the adoption of a Fourth Memorandum Opinion and Order on narrowbanding, addressing a petition for reconsideration and a request for clarification of the Third Report and Order that requires narrowbanding in the land mobile VHF and UHF bands.

EWA members will recall that the Commission had made certain suggestions that licensees should contemplate a migration directly to 6.25 kHz or 6.25 kHz equivalent technologies in lieu of migrating simply to 12.5 kHz bandwidths. It is EWAÕs view that a mandatory migration date to 6.25 kHz is not necessary given the introduction and distribution of new narrowband technologies that are receiving widespread acceptance within the market without an FCC mandate.

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Court Finds FCC Violated APA Procedures

In a matter that concerned both ham operators and the airline industry due to interference concerns, the US Court of Appeals for the District of Columbia recently agreed with the American Radio Relay League (ARRL) who had filed a Petition for Review of the FCCÕs Orders  which adopted rules governing broadband over power line (BPL) systems. The Court remanded the rules to the Commission. 

In its decision, the Court noted that Òthe Commission failed to satisfy the notice and comment requirements of the Administrative Procedures Act (APA) by redacting studies on which it relied in promulgating the rule and failed to provide a reasoned explanation for its choice of the extrapolation factor for measuring Access BPL emissions.Ó

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FCC Adopts Rules for Commercial Mobile Alert Service

The FCC has issued a First Report and Order in PS Docket No. 07-287 adopting rules and standards for the implementation of a Commercial Mobile Alert Service (CMAS).

CMAS is a public emergency alerting system in which emergency alerts will be delivered to paging and cell phone service subscribers by carriers voluntarily electing to participate, according to a press release. The FCCÕs rules largely track the October 2007 report and recommendations of the Commercial Mobile Alert Advisory Committee, in which the American Association of Paging Carriers (AAPC) was an active participant. 

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NPSTC Files 700 MHz Comments with Canada

The National Public Safety Telecommunications Council, a federation of U.S. public safety organizations, has filed comments with Industry Canada (the FCCÕs Canadian counterpart) in response to their rulemaking proceeding 

Proposed Revisions to the Frequency Plan for Public Safety in the 700 MHz Band. In its comments, NPSTC urges Industry Canada to harmonize as much as possible the policies and technical rules of Canada and the United States relating to the public safety 700 MHz narrowband and broadband structure. In particular NPSTC notes its concern over suggestions that narrowband operations take priority over broadband operations. Full Copy of NPSTC's Comments

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Mobile Coordination Procedures

The LMCC has advised the FCC that all FCC-certified frequency advisory committees will comply with the terms of the FCCÕs March 19, 2008, letter concerning the treatment of mobile stations and mobile only systems. As part of the frequency coordination process, coordinators will analyze a mobile at the service contour of its associated base station, or at the edge of the mobile area of operation for mobile-only systems. The coordinators will also use a derating factor to accommodate for mobile antennas that are typically two (2) meters or less above ground. LMCC noted that these procedures will serve in the interim until a more realistic propagation model is adopted for use or the existing rules are modified. LMCC MO8 Response Letter

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EWA Objects to Public Safety T-Band Application

EWA filed a formal objection to an application submitted to the FCC by the County of Marin, California. In its objection, EWA asserted that not only was the CountyÕs application not properly certified by a public safety frequency advisory committee, but that it also violates numerous current FCC rules and policies governing the assignment of 470-512 MHz spectrum.

The CountyÕs application requested a number of Industrial/Business (I/B) channels already in use and fully loaded by incumbent I/B licensees. Moreover, the County failed to include certain required rule waivers and the application did not note the receipt of concurrences from either affected incumbents or any one of the I/B frequency advisory committees. Lastly, EWA pointed out that there a number of public safety pool channels readily available that appear to meet the CountyÕs spectrum needs. 

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FCC to Convene 800 MHz Rebanding Database Demonstration

EWA has accepted an invitation to attend an FCC demonstration of its new 800 MHz Vacated Spectrum Database. The database will be used to identify spectrum vacated by Sprint-Nextel which will be available for exclusive licensing post rebanding to public safety entities for a three year period and eventually to other eligibles after the conclusion of rebanding. The Vacated Spectrum Database will allow frequency advisory committees to identify available spectrum for public safety use. This issue has been of interest to all frequency advisory committees since the commencement of rebanding. 

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LMCC Close to Establishing Narrowband Coordination Standards

The Spectrum Management Task Force of the Land Mobile Communications Council (LMCC) recently met again in its continuing efforts to establish frequency coordination standards to integrate systems using new 12.5 kHz FDMA/TDMA and 6.25 kHz digital FDMA equipment into the existing operating environment. The major equipment manufacturers are involved in the process as LMCC works to adopt standards that will mitigate interference to incumbents as well as new technology systems.

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In the News

700 MHz Auction Closes

On March 18, 2008, the Federal Communications Commission completed the auction of 1,099 licenses in the 700 MHz band (Auction 73). The auction lasted for 260 rounds and total bids totaled $19.6 billion. Verizon Wireless and AT&T were the big victors with combined winnings totaling 80% of the auctioned spectrum. However, the D-block spectrum set aside for a Private/Public Partnership did not meet the established $1.3 billion minimum reserve price. On March 20th, the Commission issued an Order de-linking the D Block from the rest of the completed Auction 73. This action allows them to formally declare Auction 73 closed and proceed with the licensing process and collecting down payments on the winning bids. The FCC also decided that it will not reoffer the D Block immediately in Auction 76 but will consider its options for how to license this spectrum in the future. Read more: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-91A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280948A1.pdf  http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A2.pdf

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Congressional Oversight of FCC Heats Up

The United States House of Representatives Commerce Committee and Oversight Subcommittee have sent a letter to FCC Chairman Kevin Martin demanding answers to detailed questions on a number of FCC practices including regulatory decisions, preparation of reports, staff travel, hiring decisions, and consultations with industry on rulemakings. The effort, led by committee chairman John Dingell (D-Michigan) began in January following allegations from current and former FCC employees, allegations that Dingell deems credible. Some of the subjects under scrutiny include: delay or postponement of required reports to Congress, FCC employeesÕ ability to communicate with each other concerning official agency business, the scope of permissible communications between FCC personnel and outside entities, personnel reassignments of high level employees, audits of telecom carriers, radio and television cross ownership rules, and a la carte cable programming. Read the letter: http://energycommerce.house.gov/Press_110/110-ltr.010808.FCC.Martin.pdf

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Appeals Court Strikes Down Migratory Bird Order

The U.S. Court of Appeal for the District of Columbia Circuit struck down an FCC Order in which the agency asserted that it had legally licensed 6000 towers along the Gulf of Mexico coastline. The FCCÕs Order rejected the contention that it failed to assess the potential impact on migratory birds before approving the towers. The appeals court disagreed with the FCC and vacated the Order Òbecause the Commission failed to apply the proper NEPA (National Environmental Policy Act) standard, to provide a reasoned explanation on consultation under the ESA (Endangered Species Act), and to provide meaningful notice of pending tower applications.Ó The suit was filed by the American Bird Conservancy and the Forest Conservation Council. The divided appeals court ruled 2-1 in favor of the plaintiffs. Read the CourtÕs Opinion: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/06-1165a.pdf

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FCC Affirms FB8 Mobile Protection Rule

The FCC has responded to an LMCC request for clarification of the rule that delineates the protection that must be afforded to mobile operations associated with FB8 exclusive use trunked systems. In a December 2007 letter to the Chiefs of the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau, LMCC contended that recent Commission interpretations of Section 90.187 are excessive in that they provide for protection of mobiles at the edge of an FB8 transmitterÕs service area, an area in which the mobiles rarely may be operating. LMCC pointed out that historically, protection has been based on a service contour generated from the center point of the service area; that is, the FB8 transmitter site. The FCC rejected LMCCÕs arguments stating that the LMCC-endorsed method underestimates the potential for interference to the mobiles. The FCC did not completely close the door to revisiting 90.187 and noted that LMCCÕs letter will be considered as part of the current rulemaking to rewrite Part 90 (WT Docket No. 07-100), a proceeding in which LMCC is already an active participant, and also invited LMCC to file a specific petition for rulemaking if so inclined. 

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FCC Enforcement Bureau Responds to GAO Report

The chief of the FCCÕs Enforcement Bureau has responded to a Government Accountability Office (GAO) report concerning the FCCÕs enforcement processes with a letter backed up by over 100 pages of data and statistics. The GAO report recommends 1) that the Commission improve how it collects and analyzes enforcement-related data, and 2) that the Commission develop and implement performance management practices, including the establishment of goals and performance measures. The FCC responded that they have already implemented measures that address both GAO recommendations. The FCC also noted that under Chairman MartinÕs tenure, the Commission has undertaken 3,400 enforcement actions that have resulted in assessing more than $65.7 million in fines, forfeitures, and consent decree payments. They also note that they have cleared the backlog of more than 113,000 consumer complaints. Read more: http://www.fcc.gov/GAO_report_response.pdf 

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E911 Compliance Date Stayed 

The FCCÕs Public Safety and Homeland Security Bureau (PSHSB) issued an order staying the September 11, 2008, compliance date that requires licensees subject to the CommissionÕs Phase II Enhanced 911 (E911) location accuracy rules to meet the relevant testing and measurement standards for wireless location accuracy in each Economic Area in which the carrier operates. The Order was issued in response to petitions for stay (filed by the major telcos) of the underlying rule which is currently under judicial review. The matter is not without some controversy. FCC Commissioner Jonathan Adelstein issued a statement criticizing the PSHSBÕs Order, saying that it Òserves as proof positive of the failure to get these rules right the first timeÓ and Òis nothing more than a temporary band aid that does not cure the underlying deficiencies embedded in the Report and Order.Ó Read more: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-557A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280787A1.pdf

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EWA Objects to Channel 14 TV Application

EWA filed an ÒInformal ObjectionÓ with the FCC, urging that a license application submitted by Entravision Holdings to operate a low-power (7 kw) station on Channel 14 in San Diego, be denied promptly and with prejudice. EWA noted that the grant of this broadcast station will cause destructive interference to primary land mobile systems operating on the same Channel 14 spectrum in Los Angeles; FCC technical experts are fully aware of the difficult interference problems that have developed in the past in Southern California; and in accordance with FCC rules, business enterprises, communication providers and public safety users are entitled to protection from such low power television facilities. View our filing.

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Premier Membership Generating Results for Members

One of the new services that EWA Premier Members receive is a monthly ÒDynamic Spectrum Analysis.Ó designed to identify the availability of exclusive channels. A number of Premier Members have already benefited from this service as exclusive channels have been identified and, as part of this service, EWA immediately submitted applications with the Commission to secure the ÒFB8Ó exclusive channel designations. 

If youÕre a Premier Member and havenÕt submitted your targeted sites to EWA for analysis, please do so as soon as possible by contacting Donald Vasek at donald.vasek@enterprisewireless.org.

If youÕre not a Premier Member, learn about the many benefits it provides by contacting Nancy Gruen, Director, Business Development, at 1.800.886.4222.

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In the News

AAPC Active on the Regulatory Front

The American Association of Paging Carriers (AAPC) Task Force on Emergency Communications recently filed comments with the FCC supporting the report and recommendations of the Commercial Mobile Service Alert Advisory Committee (CMSAAC) for establishing a Commercial Mobile Alert Service (CMAS). The CMAS is intended for transmission of emergency alerts to the general publicÕs end user devices such as pagers and cell phones, from participating Commercial Mobile Radio Service (CMRS) providers. AAPC commended CMSAAC's recommendations and urged that they be adopted by the FCC. Read the comments on the FCC's website. 

AAPC also filed comments with the FCC last week objecting to weakening the conditions set out for AT&TÕs merger with Bell South. AAPCÕs objection addresses AT&TÕs Petition for Declaratory Ruling in which AT&T sought relief from certain porting interconnection agreements. AAPC believes that the requested relief, if granted, would put AAPC members at a disadvantage in future negotiations with AT&T. Read the AAPC Comments.

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FCC Releases Studies on Spectrum for Unlicensed Operations

The FCCÕs Office of Strategic Planning and Policy Analysis released three working papers that address spectrum management issues on spectrum designated for unlicensed operations. Two of the studies examine ways in which spectrum designated to licensed and unlicensed operations can be used more efficiently. The third study examines the feasibility of employing a market mechanism to determine whether spectrum should be designated to either licensed or unlicensed use. The full text of the studies, see Working Paper(s) #41, 42 & 43.

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FCC Changes Lockbox Banking Service

The FCC has announced that it is changing the bank that provides the CommissionÕs lockbox service for applications and other filings and payments made by applicants, licensees and frequency advisory committees. They will no longer use the services of Mellon Bank in Pittsburgh, PA and will instead use U.S. Bank in St. Louis, MO. The change became effective on February 14th but the Commission is providing a 45 day transition period during which they will forward to the new lockbox any fees, applications and other filings that are erroneously submitted to the Mellon Bank. The only exception to the new filing procedures will be for auction related payments which will continue to be received by Mellon Bank. View the FCCÕs Order, which includes the new filing addresses.

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WTB Seeks Comment on CMRS Market Competition

The FCCÕs Wireless Telecommunications Bureau (WTB) has issued a Public Notice (PN) soliciting data and information in order to evaluate the state of competition among providers of commercial mobile services. The Commission is required by Congress to submit an annual report that analyzes competitive conditions in the industry. For this report the Bureau is seeking to increase its understanding of conditions in the CMRS marketplace, particularly with regard to new technological developments. The PN asks that commenters present materials addressing four indicators: 1) market structure; 2) provider content; 3) consumer behavior; and 4) market performance. Comments are due March 26, 2008. Reply Comments are due April 10, 2008. View the Public Notice.

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Expanded iDEN Use Now Available at 900 MHz

Space Data Corporation has announced that it will use its available 900 MHz Narrowband PCS spectrum to extend the range of MotorolaÕs iDEN technology over a much greater area of the United States, particularly rural and hard-to-reach locales. To accomplish this, Space Data has taken delivery of a private Harmony Wireless Communications System (HWCS) manufactured by Motorola. The system provides Push-to-Talk/interconnect voice and data IP network services using the iDEN technology. Space Data offers hosted switch services on its HWCS to enterprise customers seeking to upgrade from analog private radio networks on their campuses to digital networks. Read more at Space Data's Web site. 

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EWAÕs Licensing Assistance Office Moves to New Offices

Effective March 7, 2008, EWAÕs Licensing Assistance Office relocated to: 

EWA/LAO
122 Baltimore Street
Gettysburg, PA 17325

Their telephone numbers will remain the same: Phone Ð 800.886.4222; Fax Ð 717.337.9157.

Please note: EWAÕs Main Office remains at 8484 Westpark Drive, Suite 630, McLean, VA. You may reach this location by Phone Ð 703.528.5115 or fax Ð 703.524.1074; web: www.enterprisewireless.org.

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EWA on Your Side

EWA Meets With FCC Staff

EWA and Land Mobile Communications Council (LMCC) representatives met in late January with staff members from both the Wireless Telecommunications Bureau (WTB) and the Public Safety and Homeland Security Bureau (PSHSB) to discuss the revisions to Rule Section 90.187 that were proposed by LMCC in WT Docket No. 07-100, the Part 90 re-write.

Based on these conversations, a further effort will be made in conjunction with the LMCC to further refine rule sections necessary to accommodate the licensing of new technologies that are being deployed within the 150-470 MHz bands. 

EWA also learned that the LMCC may soon anticipate a response to its December 12, 2007 letter objecting to an FCC interpretation of Rule Section 90.187 that requires a mobile contour analysis in support of an application seeking FB8 status. 

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EWA to Comment on Channel 14 LPTV App in San Diego

A recent Public Notice requesting comments on a Los Angeles California County waiver request to operate a public safety system on TV Channel 15 (see below) has brought to light a pending Channel 14 LPTV application in San Diego that has the very real potential to cause destructive interference to land mobile users operating on Channel 14 in the greater Los Angeles area. EWA is in the process of preparing an informal objection to the San Diego application. 

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In The News

EWA Responds to Channel 15 Waiver Request

The Public Safety and Homeland Security Bureau (PSHSB) issued a Public Notice seeking comment on fifty-seven applications and an associated waiver request filed by the County of Los Angeles to operate a public safety radio system using all frequencies in television channel 15 (476-482 MHz).

The County contends that its proposed use of the requested frequencies is necessary due to the lack of available UHF public safety frequencies in the Los Angeles metropolitan area.

In its Comments, EWA did not specifically take a position regarding the waiver request, other than noting that the County provided substantial information supporting its request and that EWA Òis confident that the FCC will accord the Waiver appropriate consideration.Ó

More importantly, however, EWA noted its concern with Entravision Holdings application to operate on Channel 14 in San Diego which was noted in the record in this proceeding.

For more information, review EWA's Channel 15 Comments.

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FCC Provides Guidance for 800 MHz Rebanding Waiver Requests

The FCC has released a Public Notice providing ÒGuidance for Submissions of Requests for Waiver of the June 26, 2008 Deadline for Completion of 800 MHz RebandingÓ. The Notice details the showing that will be required to support such extension requests. It directs incumbents in Waves 1 and 2 to file no later than March 17th. Wave 3 and non-border Wave 4 incumbents are to file by April 15th. The Transition Administrator (TA) has posted a template to follow in submitting these requests. 

For more view the FCC Public Notice, and, to review the TAÕs template, visit http://www.800ta.org/default.asp

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FCC/USDA to Conduct Rural Broadband Workshops

The FCC and the United States Department of Agriculture (USDA) will conduct four educational workshops focused on rural broadband during 2008. Some of the topics to be covered are: the different technology platforms used to provide broadband services, USDA funding for broadband deployment, and wireless spectrum access. 

For more view the FCCÕs Public Notice

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Bureaus Release 2007 Annual Reports

The FCCÕs Wireless Telecommunications Bureau and Office of Engineering and Technology have released their 2007 Annual Reports. They can be viewed on the FCCÕs website at: www.fcc.gov/realaudio/presentations/2008/011708/wtb.pdf and www.fcc.gov/realaudio/presentations/2008/011708/oet.pdf.

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FCC Releases Annual Report on State of Competition in the Wireless Industry

The FCC has released its Twelfth Annual Report to Congress on the state of competition in the mobile telephone Ð or Commercial Mobile Radio Services (CMRS) industry. The FCC concluded that there is effective competition in the CMRS marketplace noting that 99.8 percent of the U.S. population has one or more different operators offering mobile telephone service in the census blocks in which they live, and that more than 95 percent of the U.S. population lives in areas with at least three mobile telephone operators. In addition, the report notes that during 2006 the number of mobile telephone subscribers in the United States rose from 213 million to 241.8 million, increasing the nationwide penetration rate to approximately 80 percent. 

For more review the FCCÕs News Release. 

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FCC Announces Spectrum Sharing Innovation Test-Bed

The FCC has issued a Public Notice announcing that it has designated 10 megahertz of spectrum in the 470-512 MHz band as a Spectrum Sharing Innovation Test-Bed. The Test-Bed is intended to provide a venue for demonstrating techniques to provide for better sharing between Federal Government and non-federal radio users. The Commission is working together with the National Telecommunications and Information Administration (NTIA) in this effort. The FCC and NTIA have stated that the 470-512 MHz band is well suited for the Test-Bed and the 10 megahertz limit will allow for guard bands at the edges of the 6 megahertz wide TV channels. Testing and the use of adaptive radio technologies will be conducted in three phases: laboratory measurements, Dynamic Spectrum Access capability evaluation, and field testing. Parties interested in participating in the Test-Bed program can submit proposals using the FCCÕs existing Part 5 application procedures. 

For more review the FCCÕs Public Notice.

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T-Band Licensee Council Convenes its Second Meeting

EWA held the second meeting of its T-Band Licensee Council recently to identify specific rule enhancements to Part 90, Subpart L of the FCCÕs regulations that need to be updated to support system investments and business development strategies. Members of the council specifically noted that the 40-mile ÒexclusivityÓ mile separation and the mobile loading requirements do not encourage effective use of the available spectrum. EWA will be drafting proposed rule changes for review by the councilÕs members in the near future. Council participation is open to all T-Band licensees that are current EWA members.

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EWA and Professional Licensing Consultants Announce Business Transition Agreement

EWA has concluded a business transition agreement with Josie Lynch, President, Professional Licensing Consultants, Inc. (PLC, Inc.), Rockville, Maryland. Current PLC, Inc. customers will now receive FCC licensing preparation and frequency coordination services directly from EWAÕs Gettysburg, Pennsylvania offices. ÒThere are few people in this industry that are as well-respected as Josie Lynch by her colleagues and customers. Over the years, Josie has attracted a loyal customer base that has relied on her professional expertise and guidance to fulfill their business, industrial and public safety licensing requirements. These are big shoes to fill, but EWA will do everything it can to continue PLC, Inc.Õs excellent customer service and commitment to resultsÓ, stated Mark Crosby, EWA President.

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CPNI Certifications due at FCC on March 1, 2008

If you are a telecommunications carrier, your annual Customer Proprietary Network Information (CPNI) compliance certification is due at the FCC on March 1, 2008. This certification requires the following exhibits: a statement explaining how your companyÕs operating procedures ensure compliance with the FCCÕs CPNI rules to reflect the companyÕs policies and information; any statement of actions taken against data brokers; and a summary of customer complaints regarding unauthorized release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must also execute the certification, and place a copy of the certification and accompanying exhibits in the companyÕs CPNI Compliance Records. EWA will be sending further compliance information to those members affected by these CPNI regulations.

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In The News

700 MHz Auction Ð 214 Players Eligible

The FCC announced in a recent Public Notice that 214 applicants have been found to be qualified to bid in the upcoming auction of 700 MHz Band licenses. Bidding in Auction 73 is scheduled to begin on Thursday, January 24, 2008. One potential bidder we know will not be participating is Frontline, a prospective D-Block participant, who announced that they were Òclosed for business at this time."

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Wave 4 Rebanding Deadline Extended Again

The FCC has extended the mandatory negotiation periods for border area NPSPAC (Stage 2) and non-NPSPAC (Stage 1) licensees in Wave 4 to April 1, 2008. At the same time, the Commission postponed the beginning of the mediation period for such licensees until April 2, 2008. Click Here to review a copy of the Public Notice DA 07-5110).

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Dingell Charges FCC

Congressman Dingell (D-MI), Chairman of the House Committee on Energy and Commerce has launched an investigation of the FCCÕs regulatory procedures to determine if they are Òbeing conducted in a fair, open, efficient, and transparent manner.Ó  Click Here to review a copy of the letter from Congressman Dingell. 

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Digital TV Transition

The FCC has adopted a Report and Order regarding the conversion to digital television (DTV) by February 17, 2009, that, among other topics, provided a progress report on the transition and described the status and readiness of stations to complete their transition. In a separate statement accompanying the Order, Commissioner Copps noted, ÒPulling the switch on stations all across the land at one and the same time in February 2009 is going to be a real throw of the dice. It is unfathomable to me that we are planning to turn off every analog signal in the country on a single day without running at least one test market firstÓ.  Click Here to Review the Report and Order 

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TV White Space Devices Slated for Second Round of Tests 

The CommissionÕs Office of Engineering and Technology (OET) has announced that it will begin a second phase of laboratory bench testing on the performance of prototype television white space devices on January 24, 2008, to access interference potential. This testing is critical as the FCC contemplates authorizing the operation of new, low power devices in the television broadcast spectrum at locations where channels are not being used for authorized services. EWA members may recall that Phase I testing results indicated that the devices were not ready for prime time. It would seem that any Commission decision on how to proceed with the deployment of these unlicensed devices will be postponed until these tests are concluded and the results determined. 

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Motorola Urges FCC to Change Rule Section 90.187

In a letter filed earlier this month, Motorola supported certain rule changes to Part 90 that have been proposed by the Land Mobile Communications Council (LMCC), specifically critical revisions to Sections 90.7 and 90.187. Motorola noted that a key aspect of the suggested rule changes are to ensure that existing systems using 12.5 kHz bandwidth channels are taken into account during the frequency coordination of systems that are migrating to 6.25 kHz channel bandwidths. The FCC was urged to make the proposed changes expeditiously. Click here to review Motorola letter.

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LMCC Prepares Draft Narrowband Migration Public Notice

In one of its many decisions in the ÒRefarmingÓ proceeding, the FCC noted that no later than December 31, 2009, that it would issue a Public Notice reminding licensees and frequency coordinators of the impending January 1, 2011, deadline for filing new 25 kHz applications and, the January 1, 2013, migration deadline for systems to be operating 12.5 kHz within the 150-512 MHz bands. The LMCC has prepared and submitted a draft of this proposed Public Notice for the FCCÕs consideration. The LMCC draft not only confirmed the migration dates, but also suggested procedures that would ensure an up-to-date database that would reflect the bandwidth status of all licensees. Review the LMCC Draft PN.

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Jack In the Box and Taco Bell Licenses Modified

In a long-standing interference matter, the FCC has elected to modify certain licenses held by Jack In The Box and Taco Bell that authorized the use of wireless ear set devices at several of these fast food locations. Evidently, the devices conflicted with several local exclusive channel systems and, the mobile operating areas far exceeded the immediate vicinity of the restaurants. As neither chain elected to respond to the FCCÕs proposed license modification, the FCC assumed consent and modified the licenses on their own motion. To review the Order, click on DA 08-89 and DA 08-90. 

EWA Industry Outreach

EWA Training Class É ÒFCC Licensing Basics and BeyondÓ

EWA held its first licensing training class January 14 with the staff professionals at P & R Communications in Dayton, Ohio. This educational session provides critical information about the intricacies of business and public safety licensing and frequency coordination. The class not only assists employees but helps prepare sales and technical staff to respond to customer inquiries. For more information about this training, please contact Ron Franklin at 703.528.5115 or at Karin.norton@enterprisewireless.org.

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Mark Your Calendar: Enterprise Wireless 2008 November 5-7 in Scottsdale

Enterprise Wireless 2008 will be held at the Doubletree Paradise Valley in Scottsdale, Arizona from November 5-7 with exhibits and training sessions primarily on November 6 and 7. This four-Diamond resort is centrally located and offers excellent proximity to the Phoenix Sky Harbor airport, golf, award-winning restaurants and shopping. For exhibit information, contact Elaine Walsh, Conference Director at 520.620.0063 or at elaine@ecommint.com. 

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Upcoming Meetings

GLMSS Regional Meeting Ð January 30-31 Ð St. Petersburg, FL
Motorola Channel Partners Ð February 25-26, Las Vegas, NV
International Wireless Communications Expo Ð February 27-29, Las Vegas
EDMSSA Regional Meeting Ð April 16-18, Philadelphia, PA

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Congratulations New Certified Service Centers

Congratulations to the following companies on their approval as Certified Service Centers:0

Alpha Wireless Communications, North Mankato, Minnesota

Advanced Electronics, Inc., Redondo Beach, California

Advanced Communications & Electronics, Albuquerque, New Mexico

Ancom Communications and Technical Center, Burnsville, Minnesota

B&C Communications, Columbus, Akron, Cleveland, and Chillicothe, Ohio

Blumerich Communications Service, Inc., Flushing, Michigan

Chicago Communications, LLC, Elmhurst, Illinois

Communications Service, Painesville, Ohio

DFW Communications, Dallas, Texas

Dixon Ottawa Communications, Inc., Dixon and Ottawa, Illinois

Duluth Superior Communications, Superior, Wisconsin

Granite Electronics, St. Cloud Minnesota

HastyÕs Communications East, Brunswick, Georgia

HastyÕs Communications of Florida, Jacksonville, Florida

Houston 2-Way Radio, Houston, Texas

Integrated Communications, Inc., Memphis, Tennessee

Mobile Communication Service, Inc. (Mobilcom), Meadville, Pennsylvania

Mobile Communication Services, Inc., Livonia Michigan

Monroe Communications, Inc. located in Monroe, Louisiana

Northeastern Communications, Inc., Waterbury, Connecticut

RCS Communications, Louisville, Kentucky

Tri-Co Communications, Inc., Inverness, Florida

Valley Industrial Communications, Redding, California

WTEC, Orlando, Sarasota, Tampa, Ft. Myers, and Lakeland, Florida

Wells Communication Service, Inc., Troy and Plattsburgh, New York

For more information about the Certified Service Center's program visit www.certifiedservicecenter.org or contact Don Pierson, 847-395-3077.

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EWA On Your Side

Spectrum Etiquette in Unlicensed Bands?

Access to unlicensed bands is wide open to all kinds of wireless applications and devices, just as long as equipment receives FCC type-acceptance, so it is not surprising that in some locales, the interference noise floor becomes intolerable. What may be done about it is the subject of the FCCÕs ÒSpectrum EtiquetteÓ proceeding. In its comments, EWA noted that the public record does not support the adoption of spectrum etiquette rules for already heavily encumbered unlicensed bands.

However, EWA stated, that the Commission should give consideration to measures that might be implemented in unlicensed bands at the outset to promote their efficient utilization as a home for a wide variety of communication devices. As a case in point, EWA recommended that the FCC consider spectrum etiquette requirements as it embarks upon the TV White Space proceeding which will make an unprecedented amount of spectrum available for unlicensed devices. EWA noted that many of its members have a Òkeen interestÓ in the TV White Space unlicensed opportunity Òprovided that rules of the road are in place to provide some assurance of a sufficiently stable operating environment both immediately and into the future to justify an investment in equipment." Click here to review a copy of the EWA's Spectrum Etiquette Reply Comments

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Canadian Border 800 MHz Rebanding

It took a while, but the FCC recently proposed an 800 MHz band plan along the U.S.-Canadian border. It its comments, EWA supported the CommissionÕs proposition that all relocating licensees must receive comparable facilities, including comparable spectrum. EWA also accepted the premise that the band plan must reflect current spectrum utilization and not seek to recreate original pool allocations which would be virtually impossible to accommodate given decades of inter-category sharing.

EWA noted that since the majority of remaining incumbent licensees are larger business enterprises with the ability to negotiate mutually satisfactory agreements, the benefits of avoiding an obligation to relocate may, in some cases, outweigh the risks of experiencing intractable interference problems in the future. Click here to review EWA's Comments on the  800 MHz band plan for the US-Canadian Border. 

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YouÕre Kidding? An Emergency 911 Dispatch System on Business Channels?

HereÕs another example of why EWA takes such a strong position against public safety use of business/industrial channels. The FCC recently asked EWA to assist in the identification of alternative industrial/business frequencies for use by the Carlinville Area Hospital for the wireless system it shares with the Macoupin County Emergency Telephone System BoardÕs Emergency 911 dispatch service center as a way in which to eliminate the harmful interference this mission critical system is causing a co-channel electrical cooperative licensee in the VHF band. Yes, you read that correctly.

After research conducted by EWA, it seems that Carlinville Area Hospital had originally secured a business license for non-emergency communication purposes that somehow was repositioned for use as a critical component within the countyÕs 911 emergency dispatch service. EWA advised the FCC that while there was were both alternative public safety and business/industrial shared channels available, the proper solution would be for this mission critical system to operate within public safety spectrum allocations where their operations would be consistent with Commission policy. Click here to review a copy of the FCC letter (Carlinville v Menard.doc)

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3650-3700 MHz Licensing Process Announced

November 15, 2007 was announced by the FCC as the start date for filing applications for nationwide non-exclusive licenses in the 3650-3700 MHz band. In its Public Notice (DA 07-4605), the Commission explained how to use the Universal Licensing System (ULS) to acquire licenses for terrestrial operations and how to register fixed and base stations under each license.

Mobile and portable stations, which are typically used by consumers, do not require a separate license and do not have to be registered in ULS. 
Click here to review a copy of the Public Notice DA 07-4605.

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OMB Approves FCC CPNI Rules

The FCC has received Office of Management and Budget approval for its new Customer Proprietary Network Information (CPNI) rules that were adopted in the CommissionÕs April 2007 Order. As such, the CPNI rules became effective on December 8, 2007. EWA was not successful in limiting the application of these rules in private carrier, non-interconnected system applications. EWA will, however, provide further information to its affected members in advance of the March 1, 2008, annual CPNI certification filing deadline with the FCC. 

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Greg Brown to Succeed Ed Zander as Motorola CEO

On January 1, 2008, Greg Brown, currently President and COO, will become MotorolaÕs Chief Executive Officer replacing Ed Zander who will remain Chairman of the Board until the May 2008 shareholders meeting. In an industry-wide announcement, Mr. Zander stated that ÒSince the day I arrived here, IÕve been fortunate to work with MotorolaÕs remarkable, innovative and dedicated employees. Working together, we have been able to achieve a great deal that has enabled us to build a solid foundation for the future.Ò

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Declaration Filed by EWA in the U.S. Court of Appeals

EWA submitted a Declaration in the U.S. Court of Appeals for the District of Columbia on October 30th supporting Sprint NextelÕs earlier appeal with the court seeking to overturn the FCCÕs Third Memorandum Opinion and Order in the 800 MHz rebanding proceeding. At issue is the FCCÕs seemingly arbitrary date of June 28, 2008 as the date when Sprint Nextel must vacate all spectrum it occupies below 862 MHz. EWA noted in its filing that the FCCÕs decision will serve to unnecessarily disrupt Sprint NextelÕs iDEN network by significantly reducing its available capacity.

This in turn will potentially harm the operations of many public safety, business enterprise and commercial wireless users who rely on Sprint NextelÕs communications services for critical, as well as day-to-day activities. EWA noted as well in its filing that the FCCÕs Order also creates an unnecessary Sprint Nextel requirement to expand its 900 MHz spectrum holdings thereby increasing the amount of 900 MHz spectrum that will remain unavailable to EWA members for purposes that serve the American public. To review the Declaration.

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EWA Elects New Officers and Board Members

Member industry representatives elected to serve as EWAÕs officers for the coming year were David MacDonald, President, Radio One, Inc., Orlando, Florida, as Chair of the Board; Catherine Leonard, President, Comtronics, Inc., Quincy, Massachusetts as Vice Chair of the Board; and Joe Vestal, FleetTalk Partners, Crystal Lake, Illinois, as Treasurer. In addition to these individuals, other EWA members who will be serving on the Executive Committee include immediate past Chair of the Board Tim Totten, United Parcel Service, Louisville, Kentucky; Bart Fisher, Fisher Wireless, Blythe, California; Bill Landis, TuWay Communications, Bethlehem, Pennsylvania; and Mark Crosby, EWA, Mclean, Virginia. 

New members elected to the EWA Board of Directors were: Lee Barnes, President, Barwood, Inc., Rockville, Maryland; Mark Jasin, Senior Vice President and General Manager, Kenwood USA Corporation, Suwanee, Georgia; Chris Lougee, Vice President, ICOM America, Inc., Bellevue, Washington; Ted McNaught, Northeast Paging, Westbrook, Maine; Mark Montgomery, Industrial Communications, Marshfield, Massachusetts; and Vincent Perez, Valley Vista Services, Inc., City of Industry, California. Scott Forsythe, SelectPath, Englewood, Colorado who currently serves as AAPC President, was appointed by that association to serve on EWAÕs Board of Directors as well. To review EWAÕs full Board of Directors listing, CLICK HERE.

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American Association of Paging Carriers (AAPC) and EWA Affiliate

During Enterprise Wireless 2007, it became official that AAPC and EWA had entered into a formal affiliation. Under the terms of the agreement, AAPC members will be granted full EWA membership status and the two associations will collaborate on wireless regulatory advocacy matters and member educational and associated services. The annual AAPC membership meeting will be held during the Enterprise Wireless conference starting in 2008. AAPC President Scott Forsythe from SelectPath, Englewood, Colorado, has been appointed to serve as a voting member on the EWA Board, and EWA President/CEO Mark E. Crosby, will serve as a voting member on the AAPC Board. The two associations will remain autonomous national trade associations. 

In announcing the agreement, Mark E. Crosby remarked ÒWeÕre very pleased to welcome the AAPC members to EWA. AAPC members are leaders in the wireless industry and on the forefront of many emerging technologies. We see enormous opportunities for both AAPC and EWA as a result of this affiliation.Ó Scott Forsythe commented that ÒThere will be enormous benefit to the AAPC members in terms of being on the vanguard of regulatory advocacy through higher levels of involvement in EWA as members.Ó Information about AAPC membership and services is available at www.pagingcarriers.org, or contact Linda Hoover, AAPC Executive Director at 866.301.2272.

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FCC Announces U.S.-Canadian Border 800 MHz Band Plan

On November 1, 2007, the FCC released a Further Notice of Proposed Rule Making in its 800 MHz rebanding initiative that identifies approaches to accommodate incumbent reconfiguration priorities within the eight (8) U.S. Ð Canadian border regions that were initially adopted pursuant to a bilateral agreement that distributed spectrum use between the two countries.

According to the Commission, the U.S. and Canada have met numerous times over the past three years to discuss reconfiguration and conversations centered on modifying the original 800 MHz spectrum sharing agreement (termed Arrangement F) necessary to accommodate U.S. rebanding. Essentially, the CommissionÕs proposals provide top spectrum priority to public safety NPSPAC licenses on a region-by-region basis including access to the lower portions of the band while placing B/ILT and ESMR systems higher in the band on U.S. primary spectrum above 815/860 MHz. This is a complicated effort as the original agreement with Canada did not provide uniform spectrum access along the U.S Ð Canadian border. Comments are due at the Commission on December 3, 2007, and it is anticipated that EWA will be participating in this proceeding to represent business enterprise and SMR/EMSR system investments. To see the Commission's proposal, CLICK HERE.

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FCC Announces 700 MHz Auction Procedures

The Commission announced the procedures and minimum opening bid amounts for the upcoming auction of licenses for services in the 700 MHz Band scheduled to commence on January 24, 2008. This auction has been designated as ÒAuction 73Ó and if the relevant aggregate reserve prices are not achieved, the affected 700 MHz licenses will be offered in contingent subsequent bidding, which has been designated as Auction 76. The deadline for submitting short-form applications to participate in the auctions is December 3, 2007. Upfront payments will be due by wire transfer on December 28, 2007.

Several members have contacted EWAÕs offices seeking information about this auction as, while there are certainly several spectrum blocks to be auctioned that only the well-financed will be able to participate, there are a number of other spectrum blocks that are smaller in geographic scope, specifically spectrum Blocks A, B and E, where the reserve prices are at a level that may provide a greater opportunity to participate. If you are interested and seek more information, you are encouraged to visit the FCCÕs web site www.fcc.gov and click on auction 73. For a ÒSummary of Procedures for Auctions of 700 MHz LicensesÓ, prepared by Wiley Rein, LLP, please CLICK HERE.

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Part 90 Ð Must you own a copy?

Many EWA members are tired of receiving solicitations from certain entities warning about the requirement to own a hard copy of the rules governing the operation of communication systems governed by Part 90. Most folks simply throw the solicitation away, but others pay the price and buy a document that Ð it turns out -- they need not have in their offices. What is the actual requirement? According to the FCC, there is no rule provision that requires a licensee to obtain a copy of the rules. 

The FCC Form 601, under General Filing Instructions, does note that ÒApplicants should obtain (note that this phrase does not state ÔmustÕ obtain) the relevant parts of the FCC rules." Further, the signature certification block on the FCC Form 601 requires compliance with the rules and recommends that they be consulted, but does not require that the licensee obtain a copy of the rules either. If the rules need to be consulted, simply visit http://wireless.fcc.gov/index.htm?job=rules_and_regulations to review pertinent provisions applicable to your system operations. Our advice is to save your money and simply access the FCCÕs web site.

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Motorola Makes Offer to Acquire Controlling Interest in Vertex Standard

On November 5th, Motorola announced that its subsidiary, MI, Inc., will launch a tender offer to acquire controlling interest in Vertex Standard Company, a provider of two-way radio communication solutions. Upon successful completion of the tender offer and subsequent restructuring processes, Motorola will own 80% of Vertex Standard and Tokogiken, a privately held Japanese company controlled by Jun Hasegawa, current President/CEO of Vertex Standard, will retain 20%, forming a joint venture. Vertex StandardÕs Board of Directors has expressed their support of the tender offer. 

According to MotorolaÕs press release, the Òjoint venture will expand and develop a comprehensive suite of products to address the rapidly growing demand for 2-way radio solutions É and will also provide Motorola with access to new business opportunities. In addition, Vertex StandardÕs solutions are highly complementary with MotorolaÕs products and will add greater depth and breadth to MotorolaÕs Government and Public Safety business.Ó  See Motorola's Press Release

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FCC Updates General Menu Reports Site

Effective November 1, 2007 the FCC provided an updated version of the General Menu Reports search engine at http://fjallfoss.fcc.gov/General_Menu_Reports/. This site provides search options in the Universal Licensing System, Experimental, Cable Operations, Mass Media and International Bureau databases.

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EWA Launches Premier Member Classification and Enhanced Services

During its recent annual meeting, the EWA Board of Directors approved the establishment of a new premier class of membership for all categories including business enterprises, wireless sales and service providers and technology manufacturers. Under a premier membership, business enterprises and wireless sales and service providers will receive a variety of new informational services designed to protect system investments, access exclusive radio frequencies and to assist in the management of FCC license holdings.

In addition to these services, wireless sales and service members will receive weekly FCC license transaction reports that will provide critical market information regarding wireless system developments that may also be used as a business resource to promote wireless system sales. As premier members, technology manufacturers will receive a variety of enhanced services including the ability to combine advertising in EWA periodicals and exhibition opportunities at reduced rates.

For more information regarding these new services, please visit www.enterprisewireless.org, or call Ron Franklin, EWA Vice President, Membership Development for further information about the new exclusive membership programs from EWA.

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FCC Licensing Basics Class

Ideal for sales people and others in your organization who deal with customers and need to understand the why and how of FCC licensing. The class will be customized for your organization. YouÕll learn basic and advanced terminologies and techniques, best practices to secure the appropriate type of license based on customer requirements and how to work with your customer during the entire licensing process, including construction notifications and renewals. To schedule your class or for more information, contact Nancy Gruen, Director, Business Development at 1-800-886-4222 or at nancy.gruen@enterprisewireless.org.

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Part 90 Policy Proposals

EWA filed its own comments in this proceeding on September 12th essentially supporting the majority of the viewpoints previously expressed by the Land Mobile Communications Council. EWA took this opportunity to emphasize that prior coordination is not necessary for those license modifications that could not have an adverse impact on co-channel incumbents. The FCC was warned, however, to examine all applications that fall under this exemption to make sure that only permissible changes were being made by applicants. 

EWA also endorsed, but urged caution with respect to public safety use of Business/Industrial channels for commercial types of activities as it has been its experience that at times channel usage may have started with a commercial activity, but eventually ended up being used for a mission critical activity. EWAÕs support was provided only on the basis that the FCC issue conditional licenses noting that use of the Business/Industrial spectrum be used only for the original commercial activity, that assignment to other public safety entities be prohibited, and that the public safety entities operating on Business/Industrial spectrum are not entitled to a superior claim to interference protection.

In other issues, EWA supported allowing mobile repeaters to use other than low-power channels and emphasized that it is critical for the FCC to adopt suggested LMCC changes to rule section 90.187 to support the deployment of new narrowband and digital technologies in the 150-512 MHz bands. 

See EWA Part 90 Reply Comments

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Station Identification Alternatives

In the Part 90 proceeding, interested parties were invited by the FCC to suggest other rule changes that would generally serve the industry. Motorola had suggested that the FCC modify its rules regarding call signs and station identification. Specifically, the suggestion was made that the Commission allow the transmission of the required station identification using digital signals instead of Morse code; and allow licensees operating under multi-site networks to utilize a single call sign for required identification purposes. Both the LMCC and EWA supported these recommendations in separate filings with the FCC.

See LMCC Part 90 Filing

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FCC Releases Third MO&O in 800 MHz Rebanding

This matter is the subject of this issueÕs commentary. In this order the FCC noted on the first page that Sprint Corporation has not met the December 26, 2006, eighteen-month benchmark for clearing channel 1-120 incumbents as required by the 800 MHz rebanding process. In that connection, the FCC denied SprintÕs Petition for Reconsideration that sought ÒclarificationÓ of this rebanding date, and established new benchmarks to ensure timely clearing of all incumbents from channels 1-120. The FCC also clarified its 30-month rebanding benchmark, which now requires all 800 MHz licenses that must reband to have ÒcommencedÓ reconfiguration of their systems by December 26, 2007. More (FCC 07-167)

In a related matter, the FCC released a Public Notice on September 12th in which it announced supplemental procedures and guidance that would support the completion of 800 MHz rebanding. According to the FCC, the newly released procedures and guidelines are intended to expedite rebanding planning activities undertaken by NPSPAC licensees; negotiation of Frequency Reconfiguration Agreements with Sprint; and physical implementation of rebanding. The Commission also provided guidance to both Sprint and the Transition Administrator to facilitate cost review and approval processes.

See FCC 800 MHz Public Notice 07-168

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Verizon Takes the FCC to Court

Verizon Wireless has requested the U.S. Court of Appeals for the District of Columbia in a Petition For Review, to set aside the FCCÕs recent 700 MHz decision that requires the winner of the 700 MHz C-Block to have open-access network capabilities, essentially enabling consumers to connect using any device or software. According to Verizon in its suit, the Commission exceeded its authority under the Communications Act of 1934, as amended, and violated the United States Constitution, violated the Administrative Procedure Act and its decision was unsupported by substantial evidence. Most of the press reports covering this story have not been favorable to Verizon Wireless.

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