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Public Safety Registers Rebanding Concerns with FCC
Virtually every major public safety association joined in filing a letter to the FCC expressing “grave concern” about the current state of 800 MHz rebanding. The organizations urged that the FCC, the TA, Sprint Nextel, service and equipment vendors and incumbents “must take immediate steps to resolve current problems and move forward in the rebanding process.”
The associations noted, “Properly managed reconfiguration planning is needed for these systems to ensure seamless rebanding without disruption to vital public safety communications or loss of interoperability.” They identified a number of factors that have caused delays in the negotiation of Planning Funding Agreements and stated that only two such agreements have been approved to date.
The associations said a significant number of unresolved reconfiguration agreements from the first phase of Wave 1 already are in mediation and are likely to require Commission resolution. “This threatens to stall the entire rebanding process. Public safety agencies are also becoming frustrated and some are losing faith in a process that was intended to serve their critical needs,” according to the letter.
For more information, visit: www.enterprisewireless.org/advocacy/public_safety.pdf
Wave 1 Rebanding Enters Mediation
The mandatory negotiation period for Wave 1 (Channels 1-120) incumbents ended December 26, 2005. Those that did not complete negotiations of frequency reconfiguration agreements with Sprint Nextel by that deadline have been referred to mandatory mediation of disputed issues, known as Alternative Dispute Resolution. If an agreement is not reached by February 8, 2006, the TA will forward the record to the Chief of the Public Safety and Critical Infrastructure Division, along with a recommended resolution of the dispute. In other areas,
- Waves 2 and 3 (Channels 1-120) voluntary negotiation periods are still underway
- Wave 1 NPSPAC voluntary negotiation period is set to begin February 1, 2006
- The FCC has not released a response to Sprint Nextel’s recommendation to postpone the official 800 MHz reconfiguration start date.
Another Petition Seeks Clarification on Dispute Resolution Reimbursement
A Petition for Reconsideration was filed in response to a recent FCC Public Notice advising 800 MHz licensees of their negotiation and mediation obligations. The Petition challenges the FCC’s assertion that “licensees who fail to reach a mediated agreement must bear their own costs associated [with] all further administrative or judicial appeals of band reconfiguration issues, including de novo review by PSCID and appeal of any such review before an ALJ.”
The petition, filed by Schwaninger & Associates, disagrees that the language from the original 800 MHz Order cited in the Public Notice in support of that position actually imposes such costs on incumbents. The Petition also quotes language from the 800 MHz Supplemental Order, confirming that incumbents would bear no costs for band reconfiguration, including costs associated with dispute resolution.
For more information, visit: www.enterprisewireless.org/advocacy/schwaninger.pdf
Interest in Pending Wi-Fi Ruling Increasing
The question of whether Continental and other airlines have the right to deploy Wi-Fi systems in their customer lounges at Boston Logan International Airport is generating increased participation.
The Massachusetts Port Authority (Massport), Logan Airport’s governing authority, has made numerous filings questioning the FCC’s authority to regulate “the siting of antennas used to transmit or receive fixed wireless signals,” and to preempt local regulations. T-Mobile, which provides Wi-Fi capabilities, has responded that the FCC “would not risk federal overreaching” in applying the Over-the-Air Reception Device (OTARD) rules, which allow federal regulators to preempt state and local regulations. Partners HealthCare System, Inc. said a ruling against Continental would have a “profound and negative impact” on the healthcare industry, which leases office space and depends on unlicensed wireless technologies.
EWA, which has been an active player in this matter for nearly two years, filed Comments supporting Continental’s right to operate an unlicensed radio system in accordance with the FCC’s OTARD rules. Along with airline representatives and other parties, EWA continues to meet with both FCC and Congressional leaders seeking a favorable outcome in this matter, which has broad implications for many industries in addition to EWA’s airline membership.
For more information, visit: www.enterprisewireless.org/advocacy/t-mobile.pdf
VHF SCADA System Waiver Request Raises Concern
EWA filed comments in response to the Milwaukee Metropolitan Sewer District's request to expand the scope of its original waiver by adding frequencies to its primary, fixed 450 MHz SCADA system. While EWA did not oppose the District’s request because the waiver request applied only to Public Safety channels, aspects of the requested relief warrant concern.
Specifically, EWA noted in its comments that the FCC must not grant any request for similar waiver relief that involves Industrial/Business frequencies, because the use of this scarce spectrum for the type of fixed operation proposed by the District would not be consistent with its allocation for primary land mobile purposes. It is important for purposes of regulatory symmetry and to avoid “forum shopping” among frequency coordinators that the Commission determine how it will license such systems in the future, communicate its decision to the coordinators and consistently enforce that licensing approach.
Tate, Copps Sworn in as FCC Commissioners
Earlier this month, Deborah Taylor Tate and Michael J. Copps were sworn in as members of the FCC.
Copps has been a member of the Commission since 2001. Tate, who will be serving her first term as a member of the FCC, was Chair of the Tennessee Regulatory Authority. Copps’ new term will run through June 30, 2010, and Tate’s term will end June 30, 2007.
The Commission still has one vacancy that will eventually be filled by a Republican who will be nominated by President Bush and who will be seated following Senate approval.
ULS Automated License Termination Imminent
A ULS feature that will cancel station authorizations for which timely filed construction notifications have not been filed will be activated on February 1, 2005.
Check your licenses on ULS to see if you have a construction notification obligation. If your license has been granted since the ULS was deployed (between 1999-2001), you may need to notify the FCC that your system has been constructed. If your license indicates a build out deadline date found on the right hand side of your license, this new requirement is applicable to your authorization. If you have any questions, need verification of your obligation or need assistance, please call Ron Franklin, Director of EWA’s Customer Service, at 703.797.5166.
House to Schedule Final Vote on 700 MHz DTV Transition
TR Daily has reported that the U.S. House of Representatives may schedule a final vote on the budget bill, which sets a February 17, 2009, deadline for DTV transition, after it returns from recess the first week of February. The Senate approved the budget legislation in December, but the House must vote again due to changes made by the Senate to the bill.
The digital television transition date signals when the broadcasters have to complete the move from their analog operations in the 700 MHz band to other “digital” spectrum. The move frees up 24 megahertz of spectrum for interoperable public safety use and 30 megahertz for next generation commercial wireless services.
EWA Regulatory Updates
Every member is invited to join EWA’s Regulatory Update conference calls that are held every other Tuesday morning at 11 a.m. EST. Hosted by Liz Sachs, EWA’s Regulatory Counsel, you will receive by email a list of critical regulatory topics to be discussed in advance of the call as well as teleconference participation instructions. There is no charge to connect to these regulatory activity sessions and members are encouraged to participate which assists EWA to pursue regulatory solutions that benefit EWA’s expanding membership and the Alliance’s effectiveness.
The next call will be held on January 24th.
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