FAA Proposal Changes Tower Regs, Increases Burdens
On June 13, the Federal Aviation Administration proposed new rules for antenna towers and "radiating elements" that could create significant burdens and delays for communications providers and tower companies.
Specifically, the FAA proposed substantially extending the FAA's jurisdiction over RF matters by requiring that structures supporting "radiating elements" in particular frequency bands file a Notice of Proposed Construction or Alteration, and receive approval, not only for initial construction, but also for any modifications to frequencies, power, or the operating parameters of radiating elements. The rules would apply to a number of frequency bands, including: 54-108 MHz, 150-216 MHz, 406-420 MHz, 932-935/941-944 MHz and 952-960 MHz.
The NPRM proposes a number of other changes, including: (1) extending the time period for filing a Notice of Proposed Construction or Alteration from 30 to 60 days prior to beginning construction on the structure or applying for state or local construction permit for the structure; (2) requiring FAA consideration of the impact of a proposed structure on proposed or planned airports that are filed with the FAA up until the determination for the structure is issued by FAA; (3) requiring that a Notice of Proposed Construction or Alteration be filed for construction on or near a private use airport or heliport that has at least one FAA-approved instrument approach procedure (currently, private use airports are not considered); and (4) changing when and how extensions of construction periods may be obtained.
EWA and USMSS will file Comments in the proceeding, which are due September 11, 2006. Further research has revealed that the FAA did not conduct a thorough internal review of the notice before it was released, nor did they coordinate in advance with either the NTIA or the FCC. Consequently, it is likely that the scope of this proceeding may change for the better prior to the comment deadline.
Hurricane Katrina Panel Makes PS Communications Proposals
The FCC is seekingcommentseeking comment on several recommendations intended to facilitate the restoration of public safety communications in the wake of a disaster, which were made by the Independent Katrina Panel (FCC EB Docket 06-119). Of specific interest to the USMSS, the panel suggested that the Commission should "encourage, but not require, each regional, state and local Emergency Operating Center and the Joint Field Office to engage in the following activities”:
(1) Facilitate coordination between communications infrastructure providers and state and local emergency preparedness officials;
(2) Develop credentialing requirements and procedures for the purposes of allocating communications infrastructure providers (and their contractors and security teams) into disaster areas to perform repairs; and
(3) Develop and facilitate inclusion in the state's Emergency Preparedness Plan, where appropriate, one or more clearly identified post-coordination areas for communications infrastructure providers.
Comments are due 30 days after publication of this notice in the Federal Register (July 2006).
800 MHz Rebanding Planning Funding Fast Track Option
The 800 MHz Transition Administrator, LLC has published on its website, a fact sheet detailing the new Planning Funding Agreement (PFA) Fast Track Option for licensees seeking to obtain planning funding.
To qualify for the Fast Track Option, licensees or must meet the following conditions:
• A reasonably accurate subscriber unit count
• Total planning funding request equating to $55 or less per subscriber unit
• Legal costs of 8 percent or less of the total request
• Project management costs of 25 percent or less of the total request
The web site, www.800TA.org, also features an updated Request for Planning Funding (RFPF) Instructions, and RFPF Template (version 2.6). Going forward, all RFPF submissions submitted after June 19, 2006 must use Form version 2.6 or later, which is available on the TA website at http://www.800ta.org/content/documents/rfpf_forms.asp.
TA Sets Guidelines for Rebanding Intermod Studies
The 800 MHz Transition Administrator has set guidelines for conducting intermodulation (IM) interference studies for licensees participating in the 800 MHz reconfiguration. These guidelines will be considered when the TA reviews Requests for Planning Funding (RFPF) and Frequency Reconfiguration Agreements (FRAs). CLICK HERE for more information.
Wave 4 of Rebanding Delayed Until Aug. 14
The Wave 4, Stage 1 deadline for Request for Planning Funding (RFPF) submissions has been extended from July 1, 2006 to August 14, 2006. Wave 4 of the 800 MHz band reconfiguration process for non-NPSPAC channels will commence July 3, 2006 in the NPSPAC regions that include Alaska, Arizona, southern California, Michigan, New Mexico, eastern upstate New York, Ohio, western Pennsylvania, west, central and southern (San Antonio) Texas. The three-month voluntary negotiation period for non-NPSPAC 800 MHz licensees ends October 2, 2006. The three-month mandatory negotiation period will end January 2,2007.
Wave 4 licensees within the border regions of Canada and Mexico should proceed with negotiations and planning to the extent such activities are not dependent on receipt of relocation frequency assignments, according to the FCC. If channel assignments are not received from the TA within the negotiation or mediation period for Wave 4, incumbents may submit a request to the TA for extension.
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