CMRS Presumption Removed?
On December 14, 2017, the FCC approved a Report and Order described as an effort to eliminate unnecessary rules and streamline paperwork requirements by removing the presumption that certain wireless bands are used to provide Commercial Mobile Radio Services (CMRS) offerings. Instead, licensees will identify the nature and regulatory treatment of their mobile services as common carrier, non-common carrier, and/or private internal, based on how they use their spectrum. The selection must reflect the current CMRS and Private Mobile Radio Services (PMRS) definitions. This action will eliminate the need for private internal applicants to request a waiver when acquiring either from the FCC or by assignment what has been considered commercial spectrum. It also should allow 800/900 MHz Specialized Mobile Radio (SMR) licensees to identify their service as non-common carrier/PMRS, as long as the system is not interconnected, an action that is not permitted today by FCC staff. Based on discussion with the staff, it does not appear that this issue was actively considered in the context of this proceeding. EWA is waiting for feedback from the FCC Wireless Telecommunications Bureau (WTB) as to its current interpretation. (WT 16-240)Category: EWA On Your Side