The National Public Safety Telecommunications Council has told the FCC it should address changes to cellular service power limit rules through a rulemaking proceeding rather than through waiver requests, but if the Commission does grant such a request sought by AT&T Services, Inc., it should require reporting of any interference to public safety operations and compensation for investigating and resolving such issues.

AT&T had asked for a limited waiver to allow use of power spectrum density measurements for certain 800 MHz band cellular operations in four Missouri markets until the FCC completes action in a proceeding on modernizing its cellular licensing rules.  AT&T specifically requested a PSD limit of 250 watts/MHz in non-rural areas and 500 watts/MHz in rural areas.

In comments on the waiver petition (WT docket 15-86), NPSTC recommended that the FCC deny AT&T’s waiver request and that it “take the same action on any similar waiver request that might be submitted during the pendency of the rulemaking proceeding.

“Given the technical complexity of issues in the [pending further notice of proposed rulemaking], the real concern about potential interference to public safety systems from the 800 MHz band cellular service and the need for new rules to ensure Part 90 licensees are fairly compensated for expenses incurred as part of investigating and resolving interference from cellular service operations, NPSTC recommends against jumping ahead of rulemaking process with such waivers,” it said.

If the FCC grants AT&T’s waiver anyway, it should be conditioned to specify that: “a) AT&T must investigate and resolve interference complaints from Part 90 licensees in the 800 MHz band expeditiously; b) AT&T must notify the Commission of any interference complaints received, pursuant to the provisions of Sections 22.970-22.973 of the cellular service rules; and c) AT&T must compensate public safety entities that receive interference for legitimate costs incurred as part of the investigation and resolution of the interference complaints.” – Brian Hammond, brian.hammond@wolterskluwer.com