https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
    • IWCE’s Video Showcase
    • IWCE 2022 Winter Showcase
    • IWCE 2023 Pre-event Guide
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookie Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
    • IWCE 2023 Pre-event Guide
    • IWCE 2022 Winter Showcase
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Cookie Policy
    • Terms of Service
    • Privacy Statement
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

View From The Top


Commentary

Proposed rule change does not mean LMR spectrum auctions are imminent

Proposed rule change does not mean LMR spectrum auctions are imminent

By Michael Higgs — A footnote in a proposed FCC ruling has some in the LMR community wondering if they will have to bid for spectrum in the future.
  • Written by
  • 8th January 2013

Michael HiggsBy Michael Higgs

Congress has tasked the FCC with providing additional radio spectrum for use in broadband wireless communications services. One source of additional broadband spectrum identified involves reallocating some portion of the broadcast television band. Toward that end, the FCC issued a Notice of Proposed Rulemaking (NPRM) seeking to establish the rules and procedures for an incentive auction, whereby broadcast licensees would use competitive bidding to establish a sale price to relinquish some of their authorizations, and broadband providers would use competitive bidding to establish a purchase price for the newly available spectrum. Rather than relocating or revoking incumbent licenses—as has been employed previously—the FCC is proposing a truly innovative approach to transitioning a portion of a legacy band of spectrum to more productive use.

This is all about broadband and broadcasters you say, so what does this have to do with my LMR authorizations? Glad you asked, because in a footnote on page 98 (of a 205 page document) of the NPRM, the FCC states, “[w]e take this opportunity to delete 47 C.F.R. §1.2102(c) …” That is the rule section that exempts from auction authority, among other services, 800 MHz non-SMR, and VHF and UHF LMR other than 220 MHz. Calling this rule “an outdated provision,” the commission announces its deletion “to reflect that the services listed in that section are subject to competitive bidding under current law.”

There is some question as to whether this action results in a rule change that potentially exposes Part 90 users to spectrum auctions. Section 309(j) of the 1996 Telecom Act—in which Congress provided the FCC with its auction authority—specifically excludes from the auction process public-safety licenses and authorizations used by not-for-profit organizations “to protect the safety of life, health or property…” Because public-safety licenses are protected from the auction process by statute, that issue alone should not be a barrier to the deletion of §1.2102(c). With regard to non-public-safety land-mobile-radio services, there is a long history of resolving mutual exclusivity in the LMR bands thru a process of frequency coordination and channel sharing, but this does not necessarily bar the FCC from utilizing the auction process as a means for deciding between competing private interests. 

However, let us not confuse authority with intention. In fact, the FCC considered the idea of PLMR auctions in 1999 and soon thereafter scuttled any such plans. If the FCC revisits the idea of PLMR auctions for non-public safety services, a new rulemaking proceeding would have to be initiated. Of course, opposing forces would no doubt organize against such a plan.

It appears that the FCC believes that Rule §1.2102(c) needs to be deleted in order to establish the broadcast incentive auction. However, the change should have no adverse impact on the LMR community. The deletion did not expand the commission’s existing auction authority, nor does it indicate that the FCC is implementing Part 90 land-mobile-radio auctions tomorrow.

What do you think? Tell us in the comment box below.

Michael Higgs is an attorney at Shulman Rogers Gandal Pordy & Ecker, where he practices in the wireless and infrastructure areas. He can be reached at [email protected].

Tags: Regulation Commentary FCC Policy View From The Top Commentary

Most Recent


  • Siyata to showcase new PTT device with body camera during IWCE 2023
    Siyata recently announced it will showcase its new SD7+ device—a handset form factor that integrates body-camera functionality with the company’s rugged SD7 dedicated push-to-talk-over-cellular device—during the upcoming IWCE 2023 event in Las Vegas. Nick Yaeger, Siyata vice president of sales, said the SD7+ will be able to act as a body camera via Siyata’s partnership […]
  • Microsoft Outlook vulnerability could be 2023's 'It' bug
    Microsoft recently patched a zero-day vulnerability under active exploit in Microsoft Outlook, identified as CVE-2023-23397, which could enable an attacker to perform a privilege escalation, accessing the victim’s Net-NTLMv2 challenge-response authentication hash and impersonating the user. Now it’s becoming clear that CVE-2023-23397 is dangerous enough to become the most far-reaching bug of the year, security researchers are […]
  • State and local leaders can alleviate the burden on public-safety personnel by tackling three workforce trends
    Government officials and public safety leaders wear many different hats. They serve as sounding boards for constituent complaints and for new ideas that need vetting. They are change agents charged with improving the lives of citizens and colleagues and are tasked with keeping order. Their most daunting responsibility, however, is keeping members of their community […]
  • Telcos need to build businesses, as well as networks
    Telcos are over-invested in 5G in every sense of the phrase. The latest mobile generation has fallen well short of expectations, as recent numbers from analyst firm MTN Consulting attest. Total operator revenue actually declined in the second and third quarters last year, largely as a result of weak service revenues, MTN found. In Q3, for […]

Related Content

Commentary


Updated: How ‘sidelink’ peer-to-peer communications can enhance public-safety operations

  • 1
27th February 2023

NG911 needed to secure our communities and nation

24th February 2023

How 5G is making cities safer, smarter, and more efficient

26th January 2023
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

Siyata to showcase new PTT device with body camera during IWCE 2023 dlvr.it/SlL0mS

23rd March 2023
UrgentComm

Airbus U.S.: Rebecca Purcell, Bob Baumann discuss MCX, Agnet offerings dlvr.it/SlJNqW

22nd March 2023
UrgentComm

Microsoft Outlook vulnerability could be 2023’s ‘It’ bug dlvr.it/SlC3Hh

20th March 2023
UrgentComm

Getting to know the how–and why–of the telecom cloud dlvr.it/SlBbD1

20th March 2023
UrgentComm

Zipline delivery drone docks, charges by itself dlvr.it/SlBNWy

20th March 2023
UrgentComm

State and local leaders can alleviate the burden on public-safety personnel by tackling three workforce trends dlvr.it/SlBH89

20th March 2023
UrgentComm

6G is shaping up to disappoint, and the industry can blame itself dlvr.it/Sl918J

20th March 2023
UrgentComm

Change is coming to the network detection and response (NDR) market dlvr.it/Sl4cts

18th March 2023

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookie Policy
  • Terms
Copyright © 2023 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.