AAR Petition Requires Close Scrutiny
On January 27th, EWA filed comments in response to a Petition for Consolidation of Licenses filed by the Association of American Railroads (AAR). The Petition requested that some 6,000 individual site-based licenses (approximately 100 VHF channels) held by certain AAR member railroads be consolidated into a “single geographic-area license whose area covers a 95-mile zone along either side of the rights-of-way of all operating U.S. rail lines. AAR would have exclusive coordination responsibility.” AAR also requested that it be given exclusive use of this spectrum until 2013.
In its response, EWA noted that the AAR petition proposes an unprecedented set-aside of limited VHF spectrum for the exclusive use of a single Part 90 user constituency. Before granting such a request, the Commission must determine whether the unquestionably legitimate interests of the nation’s railroads require the scope of relief requested herein, or whether a more limited geographic authority, coupled with reasonable concurrence processes based on sound engineering principles, would provide adequate protection and more efficient use of this spectrum throughout the country.
House Passes Final Version of Budget Making Hard DTV Date a Reality
On Wednesday, February 1st, the U.S. House of Representatives passed the long awaited Digital Television Transition and Public Safety Act of 2005 as part of the “Deficit Reduction Omnibus Reconciliation Act of 2005.” The legislation sets February 17, 2009, as the hard date for the DTV transition. The FCC must require Class A analog or digital stations and all full-power digital stations to broadcast only between channels 2 and 36, inclusive, or 38 and 51, inclusive by February 18, 2009. Recovered spectrum between channels 52 and 69 will be auctioned no later than January 28, 2008.
- Proceeds from the auction will be deposited into the “Digital Television Transition and Public Safety Fund.” Funds will be earmarked as follows:
- $1.5 billion for the digital to analog converter box program;
- $1 billion for public safety interoperable equipment;
- $30 million for a temporary digital broadcasting system in New York;
- $10 million for low-power television stations to purchase conversion boxes;
- $65 million to reimburse rural low-power television stations for digital;
- $156 million to implement a national alert system;
- $50 million for tsunami warning system;
- $43.5 million to implement the ENHANCE 911 Act of 2004.
LMCC Questions Wireless Medical Authorizations in 1.4 GHz band
The Land Mobile Communications Council (LMCC), of which EWA is an active member, has requested that the Wireless Telecommunications Bureau clarify eligibility standards for the 1427-1432 MHz frequency band, currently shared by Part 90 telemetry operations and the Wireless Medical Telemetry Service (WMTS). LMCC is concerned by WMTS coordinations permitting use of the entire frequency band. It is the LMCC’s belief that such use is not authorized.
- Part 90 telemetry operations are authorized on a primary basis in the 1429.5-1432 MHz band, except in seven geographic areas where they are secondary. The same operations are permitted on a secondary basis in the 1427-1429.5 MHz frequency band, again except for the same seven geographic regions, where they have primary status.
- WMTS is authorized to operate at 1427-1429.5 MHz. There is no mention of secondary authority for WMTS to operate on the Part 90 portion of this frequency band in any geographic area.
LMCC is concerned that authorized Part 90 telemetry operations eventually may interfere with unauthorized WMTS transmissions.
ULS Automated License Termination Begins
A ULS feature that will cancel station authorizations for which timely filed construction notifications have not been filed, known as AutoTerm, was officially activated on February 1st.
The auto-termination of licenses that failed to file their construction notification will ONLY affect licenses that have a construction deadline on or after February 1, 2006. This means that the only licenses that will be affected by the Auto-Term program are new licenses or modifications of existing licenses from the last year and going forth. However, according to the FCC, renewals on licenses that have outstanding construction notification WILL NOT be granted.
EWA recommends that all of its members check their licenses on ULS to verify if they have a construction notification obligation. If a specific license has been granted since the ULS was deployed (between 1999-2001), it may be necessary to notify the FCC that the system has been constructed. If a license indicates a build out deadline date (found on the right hand side of the license authorization) this new requirement is applicable to that authorization. If members have any questions, need verification of this obligation, or need assistance with electronic filing procedures, please call Ron Franklin, Director of EWA’s Customer Service, at 703.797.5166.
New ULS Feature Allows Licensees to File Reconsiderations Online
The FCC recently added to the ULS home page the ability for licensees to submit reconsiderations to the Commission on line.
Go to: http://wireless.fcc.gov/uls/. Under the column “Other Online Systems,” found in the middle and to the right of center, click on SUBMIT A PLEADING. This will take you to the Pleading Information page where the licensee or their agent completes the party’s information and selects the appropriate reason for the pleading. Online Reconsiderations are part of the AutoTerm program that began February 1st.
Should EWA members have any questions, they should call Ron Franklin at 703.797.5127.
Reconfiguration News
Approximately 100 Wave One Incumbents Enter ADR with Sprint Nextel
It now appears that 90-100 largely public safety incumbents in channels 1-120 in Wave 1 of the 800 MHz rebanding will be referred to Alternative Dispute Resolution (ADR). Many who are entering ADR do not have a plan for rebanding because they still have not negotiated an agreement with Sprint Nextel to fund the planning process. This means they have not even begun negotiating the actual dollar amount that rebanding will cost, and in some instances, it has been reported that the differences between parties are significant. The next step in the process, if resolution is not achieved, is a de novo review by the FCC.
The question of who pays for these dispute resolutions is also unclear at the moment. A Petition filed by Schwaninger and Associates disagrees with a recent FCC Public Notice that stated incumbents would have the obligation to share in the costs of dispute resolution.
800 MHz TA Releases New Process for Planning Funding Requests
The 800 MHz Transition Administrator, LLC (TA) has announced an improvement in the process by which licensees submit Requests for Planning Funding (RFPF). In order to help streamline the planning activities associated with 800 MHz Reconfiguration, the TA is adopting a more active oversight role, which will include additional monitoring, an initial review of licensees’ planning funding submissions, and stated timeframes for action to be completed by the parties.
Specific changes to the process going forward are as follows:
- Licensees will initially submit Requests For Planning Funding (RFPF) and supporting documentation directly to the TA. The TA will acknowledge receipt and validate that the request provides the supporting detail requested in established TA policy and guidance.
- Once the request is determined to be complete in terms of supporting detail, the TA will forward it to Sprint Nextel, with a communication to both parties requesting that a negotiation schedule be established within 5 business days.
- The TA will monitor the progress of all negotiations. If an agreement is not reached within 60 calendar days (measured from the date the TA provides the request to Sprint Nextel) and the parties have not by then entered the mandatory negotiation period, the TA will recommend that the parties submit to TA mediation. If the parties have entered the mandatory negotiations period, then TA mediation will be mandatory.
Licensees who have previously submitted an RFPF to Sprint Nextel are not required to follow the new process. However, any licensee who has submitted an RFPF may take advantage of this new process by submitting its RFPF to the TA. In addition to the RFPF process change, the TA will proactively contact Public Safety licensees to determine whether they intend to seek planning funding, to inform them of the process, and to educate them on resources available to assist with the process.
800 MHz Transition Administrator Releases Standardized Bid Package
The 800 MHz Transition Administrator LLC has prepared a standardized bid package and developed standardized bidding procedures that municipal licensees may use in selecting vendors to perform the reconfiguration work. The standardized bid package documents are available on the TA's website at http://www.800TA.org/content/documents/bid_package.asp.
The standardized bid package or bidding procedures are being provided to assist licensees in procuring reconfiguration services, but there is no requirement to use them.
The standardized bid package and procedures suggest that Sprint Nextel will pay vendors directly and include certain required terms and conditions that are conditions of such direct payments. Licensees have discretion to select the vendors that will perform the reconfiguration work and thus are responsible for ascertaining whether the vendors selected are qualified and competent. Licensees should evaluate prospective vendors based on proven experience performing similar tasks. Sprint Nextel has approved the standardized bid package and bidding procedures.
Questions about the standardized bid package or bidding procedures should be directed to the TA at 888.800.8220 or email comments@800TA.org.
WTB Denies Sprint Nextel 800 MHz Delay Request
The Wireless Telecommunications Bureau denied the request from Sprint Nextel Corporation to delay the start date for 800 MHz band reconfiguration (June 27, 2005) until sixty days after publication of the 800 MHz Memorandum Opinion and Order in the Federal Register.
In its letter, sent December 2005, Sprint Nextel identified what it considers to be obstacles to completing 800 MHz band reconfiguration in the specified 36-month time frame.
The Commission reiterated that eliminating harmful interference to public safety systems as quickly as possible is the goal of the proceeding, and the public interest would not be served by a blanket adjustment of the current 36-month rebanding schedule.
Regional Prioritization Plan for Puerto Rico, U.S. Virgin Islands
The 800 MHz Transition Administrator, LLC (TA) is amending the Regional Prioritization Plan (RPP) for licensees on Channels 1-120 (located at 806-809 MHz/851-854MHz) in NPSPAC Regions 47 and 48, which consist of Puerto Rico and the U.S. Virgin Islands, to move those Regions from Wave 2 to Wave 3 of the RPP. Accordingly, the mandatory negotiation period for licensees on Channels 1-120 in Regions 47 and 48 will commence on April 3, 2006 and conclude on July 2, 2006.
The RPP defines four "Waves" or groupings of NPSPAC regions to be reconfigured, with two stages in each Wave. Channels 1-120 are reconfigured in Stage 1. NPSPAC Regions 47 and 48 began the voluntary negotiation period for licensees on Channels 1-120 on October 3, 2005 with other regions in Wave 2, Stage 1 and began the mandatory negotiation period for these licensees on January 2, 2006. The TA has determined that unique and complex spectrum issues in NPSPAC Regions 47 and 48 that were affected by the FCC's 800 MHz Memorandum Opinion and Order (Improving Public Safety Communications in the 800 MHz Band, Memorandum Opinion and Order, 20 FCC Rcd 16015 (2005)) require amendment of the RPP to re-schedule the reconfiguration of licensees on Channels 1-120 in NPSPAC Regions 47 and 48 to Wave 3.
The mandatory negotiation period for Stage 1 in NPSPAC Regions 47 and 48 will now be concurrent with the mandatory negotiation period for Wave 3, Stage 1. NPSPAC Regions 47 and 48 will also be subject to the same timetable as Wave 3, Stage 1 for subsequent events in the Reconfiguration Schedule for Stage 1.
The TA advises affected licensees in Puerto Rico and the U.S. Virgin Islands that they are in the voluntary negotiation period for Wave 3 and should continue to negotiate their Frequency Reconfiguration Agreements with Sprint Nextel.
Current information regarding 800 MHz Reconfiguration is available on the TA's website (http://www.800TA.org). Questions about the RPP should be directed to the TA at 888.800.8220 or comments@800TA.org.
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