EWA, the American Petroleum Institute and USMSS filed an ex parte letter with the FCC to address issues in the “TV White Space” (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.

LMCC Holds Annual Meeting

During its recent 2008 annual meeting, the Land Mobile Communications Council’s (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 FCC’s 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.

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

Office of Inspector General Concludes 700 MHz Investigation

On April 25th, the FCC’s 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 “uncertainties 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 Block”.

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

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 Nextel’s appeal of the FCC’s 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 Nextel’s request for an expedited appeal process.

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 EWA’s 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.

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 FCC’s 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 “the 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.”

Back to Top

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 FCC’s 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.

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 FCC’s 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

Mobile Coordination Procedures

The LMCC has advised the FCC that all FCC-certified frequency advisory committees will comply with the terms of the FCC’s 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

Back to Top

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 County’s 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 County’s 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 County’s spectrum needs.

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.

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.

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

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 employees’ 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

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 FCC’s 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 “because 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.” 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 Court’s Opinion: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/06-1165a.pdf

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 transmitter’s 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 LMCC’s 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 LMCC’s 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.

FCC Enforcement Bureau Responds to GAO Report

The chief of the FCC’s Enforcement Bureau has responded to a Government Accountability Office (GAO) report concerning the FCC’s 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 Martin’s 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

E911 Compliance Date Stayed

The FCC’s Public Safety and Homeland Security Bureau (PSHSB) issued an order staying the September 11, 2008, compliance date that requires licensees subject to the Commission’s 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 PSHSB’s Order, saying that it “serves as proof positive of the failure to get these rules right the first time” and “is nothing more than a temporary band aid that does not cure the underlying deficiencies embedded in the Report and Order.” Read more: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-557A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280787A1.pdf

EWA Objects to Channel 14 TV Application

EWA filed an “Informal Objection” 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.

Premier Membership Generating Results for Members

One of the new services that EWA Premier Members receive is a monthly “Dynamic Spectrum Analysis.” 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 “FB8” exclusive channel designations.

If you’re a Premier Member and haven’t 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 you’re not a Premier Member, learn about the many benefits it provides by contacting Nancy Gruen, Director, Business Development, at 1.800.886.4222.

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 public’s 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&T’s merger with Bell South. AAPC’s objection addresses AT&T’s 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.

FCC Releases Studies on Spectrum for Unlicensed Operations

The FCC’s 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.

FCC Changes Lockbox Banking Service

The FCC has announced that it is changing the bank that provides the Commission’s 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 FCC’s Order, which includes the new filing addresses.

WTB Seeks Comment on CMRS Market Competition

The FCC’s 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.

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 Motorola’s 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.

EWA’s Licensing Assistance Office Moves to New Offices

Effective March 7, 2008, EWA’s Licensing Assistance Office relocated to:

EWA/LAO
122 Baltimore Street
Gettysburg, PA 17325

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

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

Back to Top

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.

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.

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 “is confident that the FCC will accord the Waiver appropriate consideration.”

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.

FCC Provides Guidance for 800 MHz Rebanding Waiver Requests

The FCC has released a Public Notice providing “Guidance for Submissions of Requests for Waiver of the June 26, 2008 Deadline for Completion of 800 MHz Rebanding”. 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 TA’s template, visit http://www.800ta.org/default.asp

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 FCC’s Public Notice

Bureaus Release 2007 Annual Reports

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

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 – 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 FCC’s News Release.

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 FCC’s existing Part 5 application procedures.

For more review the FCC’s Public Notice.

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 FCC’s regulations that need to be updated to support system investments and business development strategies. Members of the council specifically noted that the 40-mile “exclusivity” 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 council’s members in the near future. Council participation is open to all T-Band licensees that are current EWA members.

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 EWA’s Gettysburg, Pennsylvania offices. “There 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.’s excellent customer service and commitment to results”, stated Mark Crosby, EWA President.

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 company’s operating procedures ensure compliance with the FCC’s CPNI rules to reflect the company’s 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 company’s CPNI Compliance Records. EWA will be sending further compliance information to those members affected by these CPNI regulations.

In The News

700 MHz Auction – 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 “closed for business at this time."

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).

Dingell Charges FCC

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

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, “Pulling 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 first”. Click Here to Review the Report and Order

TV White Space Devices Slated for Second Round of Tests

The Commission’s 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.

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.

LMCC Prepares Draft Narrowband Migration Public Notice

In one of its many decisions in the “Refarming” 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 FCC’s 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.

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 FCC’s 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 … “FCC Licensing Basics and Beyond”

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 Karin Norton at 703.528.5115 or at Karin.norton@enterprisewireless.org.

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.

Back to Top

Upcoming Meetings

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

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

Hasty’s Communications East, Brunswick, Georgia

Hasty’s 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.

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 FCC’s “Spectrum Etiquette” 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 “keen interest” in the TV White Space unlicensed opportunity “provided 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

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 Commission’s 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.

You’re Kidding? An Emergency 911 Dispatch System on Business Channels?

Here’s 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 Board’s 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 county’s 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)

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.

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 Commission’s 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.

Greg Brown to Succeed Ed Zander as Motorola CEO

On January 1, 2008, Greg Brown, currently President and COO, will become Motorola’s 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 “Since the day I arrived here, I’ve been fortunate to work with Motorola’s 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.“

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 Nextel’s earlier appeal with the court seeking to overturn the FCC’s Third Memorandum Opinion and Order in the 800 MHz rebanding proceeding. At issue is the FCC’s 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 FCC’s decision will serve to unnecessarily disrupt Sprint Nextel’s 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 Nextel’s communications services for critical, as well as day-to-day activities. EWA noted as well in its filing that the FCC’s 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.

EWA Elects New Officers and Board Members

Member industry representatives elected to serve as EWA’s 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 EWA’s Board of Directors as well. To review EWA’s full Board of Directors listing, CLICK HERE.

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 “We’re 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.” Scott Forsythe commented that “There 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.” Information about AAPC membership and services is available at www.pagingcarriers.org, or contact Linda Hoover, AAPC Executive Director at 866.301.2272.

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. – 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 Commission’s 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 – 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.

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 “Auction 73” 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 EWA’s 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 FCC’s web site www.fcc.gov and click on auction 73. For a “Summary of Procedures for Auctions of 700 MHz Licenses”, prepared by Wiley Rein, LLP, please CLICK HERE.

Part 90 – 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 – 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 “Applicants should obtain (note that this phrase does not state ‘must’ 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 FCC’s web site.

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 Standard’s Board of Directors has expressed their support of the tender offer.

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

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.

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 Karin Norton, EWA Vice President, Membership Development for further information about the new exclusive membership programs from EWA.

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. You’ll 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.

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. EWA’s 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

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

FCC Releases Third MO&O in 800 MHz Rebanding

This matter is the subject of this issue’s 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 Sprint’s Petition for Reconsideration that sought “clarification” 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 “commenced” 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

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 FCC’s 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.

In the News

In the News AAPC Active on the Regulatory Front

EWA on Your Side

In The News

In The News

EWA Industry Outreach

EWA On Your Side Spectrum Etiquette in Unlicensed Bands?

In the News

AAPC Active on the Regulatory Front

EWA On Your Side

Spectrum Etiquette in Unlicensed Bands?