FCC

FCC Adopts Wireless Microphone Order, Further Notice

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The FCC today unanimously adopted an order on reconsideration revising and clarifying rules to promote wireless microphone operations while proposing to permit professional theater, music, and other venues to get licensed access for wireless mics if certain requirements are met. The order in GN dockets 14-166 and 12-268 and ET docket 14-165 addresses five petitions for reconsideration asking the FCC to revisit decisions it made in two related orders that were adopted in 2015 (TR Daily, Aug. 6 and 11, 2015).

The order revises and clarifies “its rules to promote more effective spectrum access for wireless microphone operations in the TV bands, the repurposed 600 MHz band, and other frequency bands,” a news release noted. “Today’s Order provides revisions and clarifications to certain technical and operational rules (e.g., spurious emissions rules, measurement of emission limits, coordination rules, access to spectrum in certain bands) that promote spectrum access. Continue reading →

Deputy FCC Division Chief

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Jennifer Holtz, who was previously an attorney at Kelley Drye & Warren LLP, has been named deputy chief of the Cybersecurity and Communications Reliability Division in the FCC’s Public Safety and Homeland Security Bureau.

Courtesy TRDaily

 

Andy Seybold’s Public Safety Advocate, July 13, 2017

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Location Services, When? The FCC has new rules for locating calls that come into the Public Safety Answering Points (PSAPs), and eventually they will include a third dimension, that being height of the phone above ground. Sadly, the requirements imposed on the carriers for next-generation 9-1-1 are watered down from what is truly needed. I have been told the Federal Communications Commission (FCC) relaxed its requirements at the request of carriers and the national carrier association. In any event, the new rules for incoming location are totally inadequate for locating citizen 9-1-1 callers and first responders who may be in trouble inside a building or other structure.

Further, while I have no visibility into the FirstNet state plans, I am told the requirement for better inbuilding location seems to indicate these services may not be implemented until 2022. This is too long to wait when there are technologies available today that can meet the most stringent of the public safety requirements and could be put into play much earlier. The FCC has been running test beds for several types of location-based services including GPS and cellular network-based, building a database of Wi-Fi hotspots, using beacons, and other types or combinations of technologies. It appears as though the systems approved by the FCC will be a blend of several different technologies for rural, suburban, and metro-area location services. As stated above, none of the FCC rules currently require anything close to what is needed by the public safety community. Read the entire article here Below is the weekly news courtesy of Discovery Patterns: Continue reading →

Rinehart’s Regulatory Review June 2017, by Bette Rinehart

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FCC Establishes Process for State “Opt-Out”

On June 19, FirstNet announced that it would be delivering to each state, via web portal, its proposal describing how it intends to build out the Radio Access Network (RAN). States will have 45 days to review the proposal and exchange feedback to FirstNet before the 90 day response period begins.  States who opt out of the FirstNet plan must submit their proposal to develop a state RAN to the FCC for that agency’s approval.  To get FCC approval, the state-proposed RAN must interoperate with the FirstNet broadband network.

This month the FCC established the timeline and process by which a state will notify the Commission of the decision to opt out as well as the FCC’s review process.

In the Report & Order the FCC determined:

  • FirstNet must notify the FCC of the date on which plans are delivered to a state or states
  • FCC must issue a Public Notice announcing the deadline by which the state or states must provide opt out notifications to FirstNet, NTIA and the FCC
  • States will have 90 days after receiving the final plan to review the FirstNet proposal and either accept it or opt out and build their own RAN.
    • Opt Out Notice must include certification that NTIA and FirstNet were notified
    • A special email address will be established for this purpose
  • Either the Governor or a designee may provide the notice
    • Governor must provide written notice of the delegation of authority
  • After opting out, the state has 180 days to:
    • Develop and issue an RFP providing for full deployment of the state RAN (not just development of a plan),
    • Receive firm bids in response to the RFP
    • Select a winning bidder
  • After selecting a winning bidder, the state has an additional 60 days to finalize their opt out plans
  • Opt out plans must be filed with the FCC within 240 days of the opt out notification
    • Filers may request confidential treatment of their Plan
  • Plans must address:
    • The four general subjects identified in the Act – construction, operation, maintenance and improvements of the state RAN
    • The two interoperability requirements set forth in the Act and
    • The Technical Advisory Board for First Responder Interoperability Report requirements for the RAN
  • The Plan must include a certification that the 180-day timeframe was met
  • The Plan must include a certification by the Governor or a designee, confirming the state’s adherence to FirstNet network policies relating to technical interoperability as well as to the Interoperability Board Report recommendations
  • Plans should follow the statute, have clear headers identifying each required element and an explanation as to how the state plan meets the requirements
    • Suggested headers are: Construction, Maintenance, Operation, Improvements of the RAN
    • Simply attaching the RFP will not be sufficient
  • Each filing will be treated as a separate restricted proceeding with the parties initially limited to the State, the NTIA and FirstNet
  • After the opt out period has elapsed, the FCC will release a Public Notice listing states which have opted out, each with a separate rulemaking proceeding
    • Parties other than the state, NTIA and FirstNet will have 30 days to ask to participate in the review of the state opt out plan.
      • Anyone making such a filing will have to explain why they are interested in the proceeding, how their participation would help the FCC in its review of the opt out plan and why their interests are not represented by either FirstNet, NTIA or the state.
  • The FCC will make an initial review (within 10 business days of filing if possible) of the opt out plans to ensure that they meet the filing criteria and issue one or more Public Notices announcing that the application has been “accepted for filing.”
    • The Accepted for Filing Public Notice will start the 90 day aspirational “shot clock” established by the FCC during which it must review and approve or dismiss the opt out plans
    • Within 15 days of the “accepted for filing Public Notice,” NITA, FirstNet and any others who have been granted party status in the proceeding must review and provide comments on the state opt out plan
    • The state will have 15 days to respond to any comments filed, by either amending their plan or filing reply comments
      • States may respond only to issues raised in Comments; they may not amend other areas of their plan
  • The FCC will suspend its 90-day “shot clock” only under special circumstances such as a national, state or local emergency that would require diversion of Commission resources to address the emergency.
  • FCC review of the opt out plans will be limited to:
    • The RAN elements (defined as cell site equipment, antennas and backhaul equipment) required to enable communications with subscriber devices using the PS broadband spectrum
    • Does the plan demonstrate compliance with the Interoperability Board’s requirements characterized as “SHALL”?
      • Those requirements were included in Attachment B of the Report & Order
  • The second prong of FCC review was to evaluate the interoperability of the state RAN with the PSBN.
    • FirstNet filed ex partes containing documents that they asked the FCC use when evaluating interoperability with the PSBN.
    • To obtain a full record, the Order requires the PSHSB to release a Public Notice providing a brief period for public comment on FirstNet’s proposals
    • Once the public input has been reviewed, the FCC will release a separate Order indicating which elements of the FirstNet proposal it will use to evaluate the opt out plans
  • States will not have to demonstrate interoperability in the field
  • FirstNet will not have to modify its network to suit a state plan
  • After completing the review of each state opt out plan received, the FCC will release a separate Public Notice for each request briefly describing the Commission’s decision.
  • NTIA will review elements related to coverage, financing, applications and equipment https://apps.fcc.gov/edocs_public/attachmatch/DOC-345465A1.pdfThe text of the Report & Order is available at: https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-75A1.pdf

Comment Sought on FirstNet’s Ex Parte Filings Related to State Opt Out Plan Requirements

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AT&T Says it Has Met 700 MHz Interoperability Mandate

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In its last progress report on 700 megahertz band interoperability, AT&T, Inc., has told the FCC that as of yesterday, “100% of new unique devices that operate on the paired Lower 700MHz bands introduced by AT&T are Band 12 capable devices. And as noted in the previous report, 100% of all new unique M-to-M devices introduced by AT&T are Band 12 capable devices.” In the report in WT docket 12-69, AT&T also noted that it has met other mandated milestones. Regarding VoLTE roaming, it said that it plans to “have a pre-standard solution in place for domestic carriers with an incompatible 3G Network by the end of 3rd Quarter of 2017.”

Courtesy TRDaily

Input Sought on VRS Interoperability Recon Petition

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The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on a petition filed by Sorenson Communications LLC for partial reconsideration of the video relay service (VRS) interoperability order adopted by the agency earlier this year.  “Specifically, Sorenson requests that CGB reconsider the decision to require VRS providers to comply with the RUE Profile for communications with end-points using the Accessible Communications for Everyone (ACE) Application (ACE App).

In the alternative, Sorenson requests that the deadline for provider compliance with the RUE Profile be suspended until certain alleged problems with the RUE Profile and the ACE App are resolved and a certified-compliant ACE App is available for testing. Sorenson also asks CGB to address its assertion that the RUE Profile and the ACE App rely on Sorenson patents and require appropriate licensing arrangements,” the bureau said in a public notice released July 7.  Oppositions to the petition will be due 15 days after publication of a notice in the “Federal Register.”  Replies to oppositions will be due 10 days after oppositions are due in CG dockets 10-51 and 03-123.

Courtesy TRDaily

Pleading Cycle Set on FirstNet Matrix

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Comments are due July 17 in PS docket 16-269 on an interoperability compliance matrix recently submitted to the FCC by the First Responder Network Authority (FirstNet).  An order adopted last month setting procedures for Commission review of alternative state FirstNet plans instructed the bureau to seek comments on the matrix in an expedited fashion (TR Daily, June 22 and 23).

Courtesy TRDaily

FCC Grants Indoor 911 Waiver

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The FCC’s Public Safety and Homeland Security Bureau released an order today granting Cordova Wireless Communications LLC a waiver of the FCC’s 911 indoor location accuracy requirements until six months after the small Alaskan carrier gets a request for Phase II location data from the public safety answering point (PSAP) for the city of Cordova. “This waiver is conditioned on Cordova Wireless notifying the Commission within 30 days of receipt of a valid request for Phase II location information from the City of Cordova PSAP,” the bureau said in the order in PS docket 07-114.

It said that “Cordova Wireless has demonstrated that the underlying purpose of the rule would not be served by requiring it to implement the technical capability to supply enhanced 911 location information to a PSAP that is incapable of receiving and processing the information.” A number of other small carriers have filed similar waiver requests, as has NTCA on behalf of small providers (TR Daily, June 2).

Courtesy TRDaily

 

Wyden, Schatz Urge Pai to Make Alternative Filing Method Available

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Sens. Ron Wyden (D., Ore.) and Brian Schatz (D., Hawaii) have urged FCC Chairman Ajit Pai to take action to ensure the agency’s electronic comment filing system (ECFS) is capable of “flexible scalability and alternative methods of filing” in time for the July 12 Internet “Day of Action,” which supporters expect will encourage large numbers of individuals to file comments on the FCC’s Internet freedom notice of proposed rulemaking.

They said that they were concerned that a “nontraditional” distributed denial of service (DDos) attack, similar to one the FCC suffered in early May after comedian John Oliver encouraged viewers to register their views on net neutrality with the FCC, might be “planned to disrupt the Day of Action.”  They added, “In case the ECFS is disabled through some new type of attack, it is critical that Americans be able to file a comment using other means.  We request that you make available an alternative mechanism for the public to file a comment including either through the FCC’s own website and/or via a dedicated email address.”

Courtesy TRDaily

Six House Democrats Seek GAO Review of Glitches in FCC’s Comment Stream

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Top Democrats on the House Energy and Commerce Committee and Oversight and Government Reform Committee today asked the Government Accountability Office to review the FCC’s information technology and cybersecurity practices in the wake of “irregularities” recently discovered in the Commission’s electronic comment filing system (ECFS). A distributed denial of service (DDoS) attack was launched against the ECFS in May shortly after the FCC opened a docket for its high-profile “net neutrality” proceeding.  Despite the attack, which deluged the ECFS with traffic that was three times higher than its normal peaks, FCC officials said the system remained secure (TR Daily, June 27).

But the six Democratic leaders expressed concern in a letter to GAO that some would-be commenters were blocked from filing their comments in the net neutrality proceeding and that the FCC’s systems might be inadequate to handle large flows of comments. “We hope to obtain additional information, particularly whether the agency’s cyber systems can adequately accommodate large volumes of input from the public during high-profile rulemaking proceedings.  We are also interested in a general understanding of the adequacy of the FCC’s cyber controls and defenses,” they said. Continue reading →