The Enterprise Wireless Alliance and Pacific DataVision, Inc. (d/b/a pdvWireless) have submitted to the FCC proposed rules for realigning the 900 megahertz band to enable the deployment of broadband service. The filing, dated yesterday in Rulemaking 11739, came in the wake of recent meetings that EWA and PDV had with representatives of the American Petroleum Institute, the Association of American Railroads, the Utilities Telecom Council, and the National Rural Telecommunications Cooperative.
“The Petitioners drafted proposed rules to provide interested parties with a more detailed description of how the PEBB [private enterprise broadband] allocation being considered in the above-identified proceeding might be implemented. The rules reflect constructive input from representatives of the American Association of Railroads, the American Petroleum Institute, the National Rural Telecommunications Cooperative, and the Utilities Telecom Council; however, those organizations have not endorsed these rules in their entirety and likely will have further comments on them,” EWA and PDV said in a cover letter to the proposed rules.
“The proposed rules request the FCC to create a single 240-channel license for the 898-901/937-940 MHz band for Private Enterprise Broadband in each Metropolitan Trading Area (MTA), with spectrum in the 896-898/935-937 MHz band to continue to be licensed for site-based and geographic narrowband operations and services,” the entities noted in a news release. “The proposed rules outline procedural and technical operating parameters, including field strength limits, and processes related to the administration and sequence of the proposed realignment of the 900 MHz band.”
EWA and PDV filed a petition for rulemaking last year asking the FCC to realign the 900 MHz part 90 land mobile radio band to enable the creation of the broadband service in 6 MHz of the 10 MHz of spectrum that would give priority access to critical infrastructure industry entities (TRDaily, Nov. 18, 2014).
But CII entities such as utilities and oil and gas providers blasted the petition (TRDaily, Jan. 13). For example, they complained that the petition lacked key technical, cost, and other details, and they expressed concern that the proposal would result in interference to narrowband operations.
They also said they were worried about rebanding, citing difficulties with 800 MHz rebanding and asking for more detail concerning how relocating licensees would get comparable facilities; whether the system would be adequately hardened to meet the needs of CII entities; how much the services would cost; and whether EWA should be designated the sole frequency coordinator. Some parties asked the FCC to deny the petition, while others said the FCC should explore the issues raised in a notice of inquiry rather than an NPRM.
EWA and PDV representatives have sought to address the concerns expressed by the parties, and they are hoping that the additional detail they are providing in the proposed rules will help the plan draw support.
“The proposed rules differ in two significant respects from the information submitted in the Petitioners’ March 25, 2015 technical ex parte presentation in this proceeding,” EWA and PDV said in the cover letter to the proposed rules. “That presentation included an emission mask that would provide an extraordinary level of protection to highly interference-susceptible fixed data systems using Sensus Spectrum, LLC (‘Sensus’) equipment that operate in the adjacent Narrowband PCS (“NPCS”) 901-902/940-941 MHz band. The Petitioners have been in ongoing discussions with Sensus regarding appropriate interference mechanisms for several months and remain hopeful that they will reach agreement on this issue. However, at present Sensus has advised that the proposed emission mask is not acceptable.
“Therefore, the draft rules recommend a different approach. They propose a single emission mask for both the lower and upper ends of the PEBB allocation, a mask that the Petitioners are confident will provide the necessary protection to licensees in both the NPCS allocation and the adjacent 900 MHz narrowband allocation. Additionally, mirroring provisions adopted by the FCC in the 800 MHz band, the draft rules impose a rigorous, clearly defined obligation on the PEBB licensee to address interference complaints should they arise. Those provisions include criteria specifically intended to address the unique characteristics Sensus-equipped systems.”
The EWA-PDV filing proposes that the FCC issue a public notice once the rules are adopted listing each entity in an MTA that holds 15 or more geographic licenses and each entity in an MTA where no one holds 15 or more licenses. In areas where there are entities that hold 15 or more licenses, the FCC would grant a PEBB license to each; in areas where no entity holds that many licenses, the parties shall negotiate to select one that will seek issuance of a PEBB license. If those negotiations fail, the spectrum would continue to be authorized under the FCC’s current rules.
In areas where entities have 15 or more licenses, there would be a one-year voluntary negotiation period followed by, if necessary, a one-year mandatory negotiation period. The latter could involve mediation and involuntary realignments if there is no agreement. – Paul Kirby, paul.kirby@wolterskluwer.com