Most Commenters Support Opening New Spectrum for Private Land Mobile Radio
The Land Mobile Communications Council (LMCC) wants the FCC to act on a plan to expand access to private land mobile radio (PLMR) spectrum, it said reply comments in docket 16-261. The main area of controversy is whether the FCC should amend its rules to allow 806-824/851-869 MHz band incumbents in a market a six-month period to apply for expansion band and guard band frequencies before the frequencies are made available to applicants for new systems (see 1608180045). The FCC sought comment in an August NPRM.
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NAB earlier raised concerns, saying making PLMR assignments on the band edge between industrial/business (I/B) and broadcast auxiliary service (BAS) spectrum would cause problems for broadcasters (see 1611220054).
The LMCC said there's broad agreement on acting on rules that would enhance access to PLMR spectrum. “The only area of significant controversy” is over the 800 MHz expansion band (EB) and guard band (GB), the group said. “The LMCC urges the FCC to revisit its tentative NPRM proposal, which is far more restrictive than the approach recommended in the original LMCC Petition for Rulemaking,” LMCC said in its reply comments. “Adoption of the approach proposed by the Commission carries a very substantial risk that this spectrum will become embroiled in extensive disputes regarding mutual exclusivity rights and/or will become licensed in very significant part to entities that may not have a sincere interest in deploying systems, or the capability of doing so, but view this spectrum purely as an investment opportunity, hoping for a quick sale or lease to a third party.”
The Wireless Infrastructure Association said the FCC is right to try to alleviate congestion in the crowded PLMR spectrum. But WIA said it disagrees with an LMCC proposal to permit incumbent 800 MHz licensees in a market to acquire EB and GB channels to expand existing systems during a six-month period before the commission accepts applications from new entrants. “Providing open access to all eligible and viable entities has always been a successful path to product and service innovations,” WIA said in reply comments. “There is no reason for the Commission to stray from that principle here. While WIA appreciates the Commission’s attempt to find an appropriate middle ground on this issue, competition is disserved by awarding spectrum in a manner that favors one group over another.”
The Enterprise Wireless Alliance (EWA), an LMCC member, urged the FCC to adopt additional rules for newly assigned EB/GB channels. “All licensees should be required to deploy digital systems, preferably trunked, that use either 12.5 kHz bandwidth technology or technology with 12.5 kHz spectral equivalency or better,” the alliance said. The group also supported an “accelerated” six-month construction deadline and said all new licenses should have to produce a sworn affidavit attesting they're complying with the licensing requirements. “EWA has received a number of calls” from new licensees “asking why no large carrier has contacted them about acquiring their spectrum,” the group said in comments. “After having been disabused of the expectation that Sprint or Verizon or some such entity would purchase their license, it becomes clear that these licensees have no understanding of their construction obligations or whether they have been met.”
“Comments on the record overwhelmingly support” opening access to the new channels, the Utilities Technology Council said. Doing so “makes more effective use of available spectrum and will help to alleviate spectrum congestion,” UTC said. “In addition, UTC agrees with the LMCC that frequency coordinators are able to determine whether and how these frequencies can be made available without causing interference.”