The Enterprise Wireless Alliance (EWA) has filed a Petition for Declaratory Ruling with the Federal Communications Commission (FCC) seeking confirmation that 800/900 MHz Specialized Mobile Radio (SMR) systems that are not interconnected are private mobile systems and should not be classified or regulated as common carriers. Such a ruling would be consistent with the Communications Act of 1934 and a recent court decision regarding mobile broadband regulations.
Misclassification as common carriers subjects SMR applicants to a myriad of unnecessary regulatory obligations, including foreign ownership rules, 9-1-1 requirements, disability accessibility, Universal Service, infrastructure sharing, 499 filings, and other miscellaneous rules relating to common carriers.
EWA requested that the FCC amend its interpretation that SMRs are common carriers and establish a process for misclassified licensees to correct the regulatory status on their authorizations with no FCC processing fee or other filing requirements.
