Advocacy Hot Topics:

LMCC Adopts Narrowband Coordination Consensus

Public Safety Interoperability Subect of FCC Hearing

Wireless Microphone Use Focus of Complaint

President Obama or McCain – What's the Impact on Your Business?

Register Today for Enterprise Wireless 2008

EWA Supports Sprint Nextel Petition

EWA Awarded Contract by Los Angeles County Metropolitan Transportation

FCC Decision May Be Close on 900 MHz Spectrum Order 

Sprint Nextel Seeks Deferral of Financial True-up Process

Public Safety Associations Request Access to Interleaved Channels

FCC Extends AWS-3 Band Comment Period

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

FCC Adopts CMAS Testing Requirements

Sprint Nextel’s 800 MHz Waiver Request Granted

Sprint Nextel Asks for Additional 800 MHz Relief

Over 500 Public Safety Waivers Granted at 800 MHz

San Diego Channel 14 Application Rejected by FCC

FCC Issues Emergency Assistance Reminder

FCC Seeks Comment on 700 MHz Public Safety Issues

TAIT Appoints New President

Velocita to Purchase SkyTel

Franklin Named EWA Vice President of Membership Development and Programs

EWA Opposes FCC Fee Increase

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

AAPC Supports Continuing Regulatory Fee Cap for Paging Carriers

First D Block Service Rule Comments Due June 20th

LMCC Files Tower Registration Comments

800 MHz TA Offers Update

Improper Coordination Gets EWA’s Second Response

FCC Clarifies Migration to 6.25 kHz

DC Circuit Upholds June 800 MHz Rebanding Deadline

Sprint/Nextel Seeks General Category Waiver

FCC Adopts US/Canada Border Region 800 MHz Band Plan 

FCC Initiates Tower Proceeding

FCC Announces Proposed 2008 Regulatory Fees

FCC Seeks to Reauction 700 MHz ‘D’ Block

Emergency Power Backup Rule Argued Before Court

USMSS Announces New Strategic Alliance with Geo Product Solutions

EWA Addresses TV White Space

LMCC Holds Annual Meeting

Canadian Concurrence; A Case in Point

Office of Inspector General Concludes 700 MHz Investigation

800 MHz Rebanding

Narrowbanding Decision Pending

Court Finds FCC Violated APA Procedures

FCC Adopts Rules for Commercial Mobile Alert Service

NPSTC Files 700 MHz Comments with Canada

Mobile Coordination Procedures

EWA Objects to Public Safety T-Band Application

FCC to Convene 800 MHz Rebanding Database Demonstration

LMCC Close to Establishing Narrowband Coordination Standards

700 MHz Auction Closes

Congressional Oversight of FCC Heats Up

Appeals Court Strikes Down Migratory Bird Order

FCC Affirms FB8 Mobile Protection Rule

FCC Enforcement Bureau Responds to GAO Report

E911 Compliance Date Stayed 

EWA Objects to Public Safety T-Band Application

FCC to Convene 800 MHz Rebanding Database Demonstration

FCC Enforcement Bureau Responds to GAO Report

LMCC Close to Establishing Narrowband Coordination Standards

700 MHz Auction Closes

Congressional Oversight of FCC Heats Up

Appeals Court Strikes Down Migratory Bird Order

FCC Affirms FB8 Mobile Protection Rule

E911 Compliance Date Stayed 

EWA Objects to Channel 14 TV Application

Premier Membership Generating Results for Members

AAPC Active on the Regulatory Front

FCC Releases Studies on Spectrum for Unlicensed Operations

FCC Changes Lockbox Banking Service

WTB Seeks Comment on CMRS Market Competition

Expanded iDEN Use Now Available at 900 MHz

EWA’s Licensing Assistance Office Moves to New Offices

EWA Meets With FCC Staff

EWA to Comment on Channel 14 LPTV App in San Diego

EWA Responds to Channel 15 Waiver Request

FCC Provides Guidance for 800 MHz Rebanding Waiver Requests

FCC/USDA to Conduct Rural Broadband Workshops

Bureaus Release 2007 Annual Reports

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

FCC Announces Spectrum Sharing Innovation Test-Bed

T-Band Licensee Council Convenes its Second Meeting

EWA and Professional Licensing Consultants Announce Business Transition Agreement

CPNI Certifications due at FCC on March 1, 2008

700 MHz Auction – 214 Players Eligible

Wave 4 Rebanding Deadline Extended Again

Dingell Charges FCC

Digital TV Transition

TV White Space Devices Slated for Second Round of Tests 

Motorola Urges FCC to Change Rule Section 90.187

LMCC Prepares Draft Narrowband Migration Public Notice

Jack In the Box and Taco Bell Licenses Modified

EWA Training Class … “FCC Licensing Basics and Beyond”

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

Congratulations New Certified Service Centers

Spectrum Etiquette in Unlicensed Bands?

Canadian Border 800 MHz Rebanding

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

PSST Releases Bidder Information Document

3650-3700 MHz Licensing Process Announced

OMB Approves FCC CPNI Rules

Greg Brown to Succeed Ed Zander as Motorola CEO

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

EWA Elects New Officers and Board Members

T-Band Licensee Council Formed

American Association of Paging Carriers (AAPC) and EWA Affiliate

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

FCC Announces 700 MHz Auction Procedures

Part 90 – Must you own a copy?

Motorola Makes Offer to Acquire Controlling Interest in Vertex Standard

FCC Updates General Menu Reports Site

EWA Launches Premier Member Classification and Enhanced Services

FCC Licensing Basics Class

EWA Industry Outreach

Congratulations…

Welcome to EWA’s Newest Members...

Part 90 Policy Proposals

Station Identification Alternatives

FCC Releases Third MO&O in 800 MHz Rebanding

FCC Solicits Applications for the 700 MHz Public Safety Broadband License

Verizon Takes the FCC to Court

 

 

 

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 carriers’ 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 – What Impact on Your Business?

“New Technologies, New Competitors and Now a New President … What Should I Know?” 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:

· How can you move from a focus on wireless technology in your business to one on strategy and why that matters? 
· Why does the TV White Space initiative matter to your business?
· How can your business, no matter the size, actually affect spectrum policy?
· 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 – 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 “flash cut” 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 Nextel’s network supporting business enterprises and even public safety users. 

EWA also advised the FCC that it did not agree that the “spectrum 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.

Metro’s service area covers 1,433 square miles and a population of over 9.6 million people. Metro’s 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 “on circulation” (translation – written recommendation from the Chairman’s 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 “interleaved” 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 licensee’s 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 FCC’s 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 rules’ information gathering requirements under the Paperwork Reduction Act. They issued an opinion holding in abeyance an appeal of the FCC’s backup power rules pending Office of Management and Budget (OMB) approval of the information collection provisions contained in the FCC’s 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 nation’s 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 Nextel’s 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 Nextel’s 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 Holding’s application for a low power television station on channel 14 in San Diego has been dismissed because “the 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 California”. 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 FCC’s 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 FCC’s 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 TAIT’s 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. 

“I 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,” said Norton. “We 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.” 

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

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EWA Opposes FCC Fee Increase

EWA has filed comments urging the FCC to “refrain from adopting its 2008 proposed Part 90 PLMRS fee increase until it has made public a detailed analysis in support of the new fees”. EWA noted further that “In 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 FCC’s calculations accurately represent the regulatory costs associated with this category of Commission user……”. EWA’s comments were filed in response to the FCC’s 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 City’s 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 incumbents’ stated intention to cancel their existing authorizations upon grant of the City’s 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 AAPC’s comments were filed in response to the FCC’s 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 FCC’s 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). LMCC’s 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 EWA’s Second Response

EWA has again written to the FCC regarding the County of Marin’s 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. EWA’s latest letter enumerates the misconceptions contained in the County’s 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 – 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 FCC’s 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 Commission’s 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 – 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.
  • Sprint’s 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 FCC’s 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 coalition’s petition makes two tentative conclusions, specifically that the Commission’s 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 Commission’s 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 – Exclusive Use - $40 per year – $5.00 increase over 2007

PLMRS – 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 – 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 ‘D’ 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 CTIA’s Petition for Review of the FCC’s emergency power backup rule (§12.2 of the Commission’s 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 FCC’s Katrina Panel (EB Docket No. 06-119/WC Docket No. 06-63), requires local exchange carriers and CMRS providers to have “an 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.” 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 vehicles’ 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 “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.

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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.

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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 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

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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 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.

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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 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.

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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 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.”

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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 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. 

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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 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

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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 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

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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 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. 

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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 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

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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 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

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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 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. 

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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 

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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

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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.

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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.

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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 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.

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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.

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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.

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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.

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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 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

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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.

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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 “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.

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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

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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 FCC’s Public Notice

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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.

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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 – 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

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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 FCC’s existing Part 5 application procedures. 

For more review the FCC’s 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 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.

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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 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.

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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 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.

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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."

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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 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. 

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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, “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 

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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. 

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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 “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.

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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 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 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 – 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

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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

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 Commun