RESTON, VA and WOODLAND PARK, NJ, July 16, 2015 – The Enterprise Wireless Alliance (EWA) and Pacific DataVision, Inc. (PDV) replied to comments of private radio users, Critical Infrastructure licensees, associations, and vendors filed late last month at the Federal Communications Commission in response to the Petition for Rulemaking Regarding Realignment of 900 MHz Spectrum filed by EWA and PDV. The reply comments complete the second phase of a proceeding started by the FCC’s November 26, 2014 Public Notice seeking comment about the Petition to realign the 900 MHz band. The second phase of the proceeding commenced with the FCC’s May 13, 2015 Public Notice seeking comment on the proposed rules submitted by EWA and PDV recommending technical and logistical details of the band realignment. The proposed rules would protect incumbents, provide certainty for the realignment process, and, upon implementation, improve spectrum efficiency in that band while offering Critical Infrastructure entities priority access to next-generation broadband technology.
Mark Crosby, President and CEO of the Enterprise Wireless Alliance, stated, “We looked closely at the comments filed by 900 MHz incumbents and other parties and believe the relevant factors that must be weighed by the FCC now are on the record. EWA’s obligation as a national membership organization, as an FCC-certified frequency advisory committee, and as a proponent of the realignment is to facilitate the introduction of advanced technologies for the benefit of our members, while simultaneously ensuring the rights of incumbents to interference protection as prescribed by the FCC rules. The Alliance believes that state-of the-art technology will enable broadband and narrowband systems to co-exist, side-by-side without system degradation to either. We look forward to working closely with industry associations as we have on many other spectrum issues in the past to ensure that the frequency coordination process protects all authorized users in the 900 MHz band.”
Mr. Crosby added, “The Commission always looks very carefully at proposed band realignments to be sure that all interests are properly balanced – those of incumbents, of prospective users of more advanced technologies, and of the public that benefits from efficient use of limited spectrum resources. The FCC has never fashioned spectrum repurposing rules without adequate protection for incumbent operations, including the provision of fully comparable facilities, and it is my expectation that the Commission will adopt such rules in this instance.”
Morgan O’Brien, Vice Chairman of PDV, said, “The proposed rules were intended to be consistent with provisions used by the FCC in other band realignments where appropriate, but also were informed by the questions and concerns raised by incumbents in the initial stage of this proceeding. Most significantly, we propose a substantial improvement in the interference protection rights of incumbents. This modification provides greater protection than is required for 900 MHz systems under current rules, but, after discussion with licensees and vendors, we believe this is an appropriate obligation to impose on a PEBB licensee.”
Mr. O’Brien continued, "The intended beneficiaries of a PEBB allocation are Critical Infrastructure entities, including 900 MHz incumbents who are voicing reservations in the proceeding, as well as other Private Enterprise companies. No PEBB licensee would want to take on a retuning task that was not going to be successful in attracting key customer categories, so we have listened carefully to their concerns. At PDV we are convinced the proposed rules, as modified by these replies, are a strong foundation for an FCC rulemaking. We hope to serve these parties as long-term customers. "
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About Pacific DataVision, Inc.
Pacific DataVision is a recognized leader in mobile workforce communications and location based solutions that increase the productivity of field-based workers and the efficiency of their dispatch and call center operations. PDV will also be launching the largest private push-to-talk network in major markets throughout the United States. Its patented and industry-validated technology improves team communication and field documentation across a wide array of industries including transportation, distribution, construction, hospitality, waste management and field service. PDV’s Chairman, Brian McAuley and Vice Chairman, Morgan O’Brien, were co-founders of Nextel Communications and have over 60 years of experience in two-way radio operations and FCC regulatory matters. Pacific DataVision, Inc. is headquartered in Northern New Jersey. You can learn more at www.pdvwireless.com.
Any statements contained in this press release that do not describe historical facts are forward-looking statements. Any forward-looking statements contained herein are based on our current expectations, but are subject to a number of risks and uncertainties. The factors that could cause our actual future results to differ materially from our current expectations include, but are not limited to: we have no operating history with respect to our proposed push-to-talk business; we may experience delays in launching our nationwide network; customers may not adopt our technology; we may not keep pace with rapid technological changes or the changes in the demands of our customers; any efforts we pursue to increase the value of our spectrum may not be successful; we will rely on the equipment and selling efforts of other parties, such as indirect dealers; the wireless communication industry is highly competitive and we may not compete successfully; spectrum is a limited resource, and we may not be able to obtain sufficient spectrum to support our planned business operations and future growth; and government regulation could adversely affect our business and prospects. These and other factors that may affect our future results or operations are identified and described in more detail in our filings with the Securities and Exchange Commission (the “SEC”), including in our Annual Report on Form 10-K for the period ended March 31, 2015..You should not place undue reliance on these forward-looking statements, which speak only as of the date that they were made. These cautionary statements should be considered with any written or oral forward-looking statements that we may issue in the future. Except as required by applicable law, including the securities laws of the United States, we do not intend to update any of the forward-looking statements to conform these statements to reflect actual results, later events or circumstances or to reflect the occurrence of unanticipated events.