Commenters Disagree on EWA Proposal for 800 MHz Band Revised Rules

Most comments support an Enterprise Wireless Alliance petition at the FCC seeking modifications to Part 90 rules to eliminate the assignment of frequencies within the band's 809-816/854-861 MHz portion to specific pools of eligible entities (see 2402280033). Public safety groups opposed the change.

The FCC sought comment in RM-11978. Comments were posted this week. Because “all 800 MHz frequencies in this range are subject to identical technical and operational rules, EWA urges that they be classified as General Category and made available to all qualified Subpart S applicants,” it said in the petition.

APCO raised concerns about EWA's proposed changes. “EWA is wrong to claim that retaining the pool allocations is unnecessary and contrary to sound spectrum management,” APCO said: “The Commission established pools for categories of like users to ensure that all classes of private land mobile eligibles will have an opportunity to maximize their operations and have the time necessary to apply for and implement their systems.” That the FCC “has not revisited its decision or phased out this framework is a testament to the public interest benefits it serves by ensuring public safety entities are able to obtain sufficient spectrum for their lifesaving missions,” APCO said.

The FCC should reject the petition, said the California Public Radio Association (CPRA), an APCO member. Public safety pool frequencies are “a safety net for public safety agencies to be able to meet future needs,” CPRA said: “If the Commission agrees with EWA, CPRA requests the Commission exempt the public safety pool from the conversion of the other pools.”

The American Automobile Association urged the FCC to protect frequencies used for emergency road-service communications. “AAA continues to rely on these frequencies in its crucial role of keeping the public safe and helping individuals and families in a wide variety and growing number of emergency situations,” AAA said: “In contrast to the one-size-fits-all perspective” EWA presented “AAA’s emergency road service communications frequencies are still an indispensable component of its current operations and future plans, warranting an additional layer of protection,” the group said.

The Association of American Railroads also asked the FCC to reject the petition, at least regarding frequencies its members use. Doing so would “avoid a litany of potential safety and technical issues that could arise if less experienced coordinators are allowed to manage this spectrum,” AAR said.

But Anterix supported the petition, saying current rules “add complexity and cost to the 800 MHz licensing process … and offer no countervailing public interest benefit.” Anterix urged the FCC to launch an NPRM “consistent with the Petition and the accompanying rule revisions expeditiously.” Anterix said as it works with utilities and other companies to clear parts of the 900 MHz band for broadband and some 900 MHz incumbents have “expressed a preference for moving to 800 MHz channels rather than replacement 900 MHz channels.”

“The current requirements for multiple coordinations from different pool coordinators" and "the requirements for seeking waivers for inter-category sharing, are contrary to the public interest as unnecessary additional costs in money and time, to both potential users and to Commission staff,” said Forest Industries Telecommunications, which represents the land mobile communications interests of the forest products industry. “Pool limitations constitute unnecessary barriers to full and efficient utilization of unused spectrum, particularly by business users,” the group said.

Utility American Electric Power also supported EWA's changes. “Retention of what have become obsolete pool designations has had a direct, negative impact on AEP’s ability to deploy 800 MHz facilities in support of its delivery of electric power to its customers in multiple areas of the county,” AEP commented.

Goosetown Communications, which works with public safety agencies and others on two-way communications in the Northeast, also supported the petition. The Part 90 rules “should be modified consistent with the recommendations in the petitions so all available frequencies can be used,” Goosetown said.