FCC Seeks Comment on 700 MHz Commercial License Rules
The FCC adopted a Notice of Proposed Rule Making (NPR) August 3rd that seeks comment on possible changes to the rules governing wireless licenses in the 698-746, 747-762, and 777-792 MHz spectrum bands. This spectrum, which has been allocated for commercial wireless services, does not include the 700 MHz Guard Bands nor the portions of the 700 MHz Band that have been allocated for public safety services. The FCC is required to commence an auction of the commercial spectrum in this band no later than January 28, 2008, under the Digital Television and Public Safety Act of 2005 (DTV Act).
The FCC’s decision to revisit 700 MHz service rules came in response to provisions contained within the DTV Act, and because more than four years have passed since the FCC established the original band plan.
The FCC seeks comment on the possibility of modifying the size of the geographic service areas and spectrum blocks, and on revising the performance requirements for those portions of the 700 MHz band that have not yet been auctioned. The FCC is also seeking comment on several issues related to both auctioned and un-auctioned spectrum in the 698-746, 747-762, and 777-792 MHz bands, including modifying the rules related to license renewal, license terms and power limits.
FCC Moves in Support of Broadband over Power Lines
As part of its ongoing efforts to promote access to broadband services, the FCC on August 3rd generally affirmed its rules for Access Broadband over Power Line (Access BPL) systems, while maintaining safeguards against harmful interference to existing radio services. The decision was adopted in response to a number of petitions for reconsideration of the BPL rules established in October of 2004. Of note, the FCC also denied a request by the gas and petroleum industry that they be considered as public safety entities.
In the Memorandum Opinion and Order (MO&O), the Commission reemphasized that the Part 15 rule changes were made to ensure that Access BPL operations do not become a source of interference to licensed radio services. Specifically, the FCC:
- Affirmed its rules regarding emission limits for BPL, including its determination that the reduction of emissions to 20 dB below the normal Part 15 emissions limits will constitute adequate interference protection for mobile operations;
- Denied the request by the amateur radio community to prohibit BPL operations pending further study and to exclude BPL from frequencies used for amateur radio operations;
- Denied the request by the television industry to exclude BPL from frequencies above 50
MHz;
- Affirmed the July 7, 2006 deadline for requiring certification for any equipment manufactured, imported or installed on BPL systems, with the proviso that uncertified equipment already in inventory can be used for replacing defective units or to supplement equipment on existing systems for one year within areas already in operation;
- Affirmed the requirement that information regarding BPL deployment must be provided in a public database at least 30 days prior to the deployment of that equipment;
- Adopted changes regarding protection of radio astronomy stations by requiring a new exclusion zone and amending consultation requirements for these stations;
- Adopted changes to provide for continuing protection for aeronautical stations that are relocated; and
- Denied the request by the aeronautical industry to exclude BPL operating on low-voltage lines from frequencies reserved for certain aeronautical operations.
FCC Increases Private Land Mobile Regulatory Fees
Effective September 1, 2006, the FCC will implement its new filing fees (regulatory and administrative). All charges are assessed on a per call sign basis with 10-year license terms. The new filing fees are:
Below 470 MHz (except 220 MHz) $155
470-512 MHz Band $255
800/900 MHz Band $255
License Modifications $ 55
Every effort will be made to coordinate and submit those applications received by EWA prior to August 25, 2006, to the FCC before the new fees go into effect.
All applications received by EWA after August 25, 2006 must include the new filing fees.
Annual Regulatory Fees Due By September 19, 2006
Licensees who are required to pay annual regulatory fees must make their FY 2006 payments no later than September 19, 2006. The Commission’s official fee collection window will open on September 6, 2006, but payments may be sent prior to that date. All regulatory fee payments must be received at the Commission’s Pittsburgh, Pennsylvania address by 11:59 PM on September 19 to avoid being charged a 25 percent late-payment penalty. All payments also must include an FCC Registration Number (FRN) to be processed.
NPSTC and AAPC Support Public Safety Paging at 900 MHz
In response to the Katrina Panel’s endorsement of paging in emergency situations, the National Public Safety Telecommunications Council (NPSTC) recommended to the FCC that the Industrial and Business (I/B) pools in the 896-901/935-940 MHz bands be made available to public safety agencies for digital one-way and two-way paging to support dispatch operations. In Comments filed with the FCC, NPSTC wrote, “Digital paging systems can incorporate computer-based automated dispatching capabilities that increase the timeliness and accuracy of dispatch functions. In circumstances where other modes are either overloaded or in default, paging serves as a credible facility to deliver information. Public safety access to the 896-901/935-940 MHz bands would promote the Independent Panel’s recommendation.”
In a similar manner, the American Association of Paging Carriers (AAPC) suggested to the Commission that it should permit two-way paging systems to be licensed on a primary basis for emergency communications in the 896-901/935-940 MHz band under Part 90 of the Commission’s rules. Unlike one-way paging equipment, the AAPC noted that “two-way paging equipment existing today is compatible only (emphasis added) with spectrum allocations in the 900 MHz band.”
FAA Proposed Rule Changes Draw EWA’s Scrutiny
EWA will respond to the recently released Federal Aviation Administration Notice of Proposed Rulemaking (NPR) that proposes to change a number of its antenna tower notification requirements and obstruction standards. This matter has also been presented to the Land Mobile Communications Council (LMCC) and EWA expects the LMCC to also file comments on certain aspects of the proposal. Comments are due on September 11, 2006.
In its NPR, the FAA identified antenna towers operating in a number of bands, including the 72-76, 150-174 and 406-420 MHz bands, as having potential for electromagnetic interference because they either overlap, or are adjacent to, channels the FCC uses for radio navigation marker beacons, government land mobile facilities or remote maintenance monitoring facilities. The FAA is proposing that it should be notified whenever there is a change or modification to a system on these frequency bands that were identified in the original FAA determination, including any increase of 3 db or more in ERP.
USMSS Files Comments on Katrina Report
On August 7, the USMSS filed comments on the FCC’s Notice of Proposed Rulemaking (NPR) seeking input on the Independent Panel’s recommendations concerning the impact of Hurricane Katrina on communications networks. The comments focused on the importance of credentialing of communications workers during future emergencies.
The USMSS advised the FCC that, while its members are not themselves first responders, they are often responsible for the restoration of those telecommunications systems, which are essential for emergency responders to do their jobs. While law enforcement personnel must maintain the security of impacted areas, according to the comments, access to these areas must be given to repair crews to undertake the restoration process. Consistent protocols should be established for issuing credentials to those such as USMSS member repair crews, the comments said.
Manufacturers Debate Plan to Picking Pace of 800 MHz Rebanding
Motorola and EF Johnson Company have traded FCC correspondence over Motorola’s plan to facilitate the 800 MHz Rebanding process. EF Johnson called the proposal anti-competitive, while Motorola countered that licensees will maintain maximum flexibility in its plan.
Saying the three-year timeline for completing the rebanding process was in “serious jeopardy,” Motorola wrote the FCC on July 6th proposing a plan to speed up the process of reconfiguring of licensees to alleviate interference to public safety entities. The manufacturer asked for authority to begin replacing and reprogramming subscriber units before incumbents have reached agreements with Sprint Nextel. The current process must be simplified, according to Motorola, and rebanding work should be allowed to “progress in parallel with the negotiations.”
On July 27, EF Johnson filed a letter opposing Motorola’s proposal asserting that it was anti-competitive. The Motorola proposal “short circuits” the negotiation process, impeding the possibility of other manufacturers to be considered for replacement radios. On August 4, Motorola replied to the EF Johnson letter saying its proposal would actually give licensees more control over their choices of radios. The option to begin replacing radios early, according to Motorola, does not force licensees to purchase software or radios during negotiations or “choose any specific radio model.”
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