Tentative FCC March 15 Agenda Includes Z-Axis and Reimbursement Draft Items

The FCC has shifted stances in its draft repacking reimbursement order and proposes using FY 2019 reimbursement dollars to pay back low-power TV, translator and FM stations as well as using the $200 million from FY 2018. The draft order was released Friday along with the tentative agenda. It includes items on spectrum horizons and other 5G changes, a proposal for new 911 wireless location accuracy requirements, a draft order setting intermediate carrier standards for rural call completion and rules on reauthorization of broadcast satellite stations.

Though the draft accedes to an NAB push to not limit the funding to only FM and translators, it includes an American Cable Association-backed provision to prioritize FY 2019 funds for MVPDs and full-power and Class A TV stations. This approach “is most consistent with Congress’s intent,” the draft order says. Congress demonstrated this priority by appropriating $350 million for full-power stations and a combined $200 million for other broadcasters, the draft says.

FCC Chairman Ajit Pai “understands the concerns on the supply side” about the repacking not providing broadcasters with enough time, he said at an Association of Federal Communications Consulting Engineers luncheon (see 1902220047) Friday. The agency is “willing to work” with broadcasters if the phases “get out of whack,” Pai said. The repacking is ahead of schedule because 143 stations were repacked in Phase 1 when only 90 were expected then, he said. Twenty of 115 stations expected to move in Phase 2 have relocated channels, so the repacking is “going to be busy,” Pai said. Phase 2 ends in April.

The draft order also does away with a proposal from the NPRM to reimburse FM stations on a graduated scale based on how much disruption they face. NAB and numerous radio broadcasters opposed that proposal.

“No commenter supports this,” the draft says. The agency would compensate FM stations that have service disrupted by the repacking for more than 24 hours or during valuable airtime.

T-Mobile

T-Mobile was mentioned. It's the primary source of third-party repacking compensation.

The draft rejects a T-Mobile push for LPTV stations compensated for repacking costs by third parties to remain eligible for reimbursement funds. “Sound administration of federal funds requires that no expense is eligible for reimbursement if the same expense is funded from another source,” the draft says.

“Monies from the Reimbursement Fund would be used to reimburse T-Mobile, which does not qualify as an entity eligible for reimbursement,” the draft says. However, a final line in the draft's section on third-party compensated stations says LPTV station that receive less from T-Mobile than what they would be eligible to get from the agency can “request” reimbursement for the shortfall. The carrier didn't comment.

The reimbursement draft makes numerous allusions to the full-power reimbursement process, and appears to aim for a largely similar process with broadcasters submitting expenses that are then weighed before compensation is issued. The agency rejected a National Translator Association proposal for a “fast-track” option with upfront payments to smaller broadcasters because it wouldn't adequately allow the FCC to track broadcaster expenses, the draft reads.

Z-Axis

A draft Further NPRM proposes carriers identify a vertical location accuracy metric, also known as the z-axis, of plus or minus 3 meters for 80 percent of indoor wireless calls to 911. The development has been in the works for years. Four years ago, the FCC established benchmarks and timetables for deployment of z-axis technology or dispatchable location in the 50 biggest markets. It deferred a decision on a specific z-axis metric pending additional testing data (see 1501290066).

In October, carriers and public safety groups clashed on next steps for assuring the vertical accuracy of wireless calls to 911 (see 1810120033). CTIA said more time and testing is needed, but public safety groups urged the FCC to get tough. In September, the Public Safety Bureau sought comment on a z-axis test bed report submitted by CTIA on behalf of the nationwide carriers.

“This item builds on the Commission’s ongoing efforts to improve its wireless E911 location accuracy rules,” the draft states: “It sets forth a proposal that would reduce emergency response times and ultimately save lives by enabling 911 call centers and first responders to more accurately identify the floor level for most wireless 911 calls made from multi-story buildings. In an emergency, the ability to locate wireless 911 callers quickly and accurately is of critical importance to first responders and those they are seeking to help.”

900 MHz

A draft 900 MHz NPRM proposes reconfiguration of the 900 MHz band “to facilitate the use of wireless broadband by a variety of businesses, including those providing critical infrastructure, by creating a paired 3/3 MHz, while reserving two segments for continued narrowband operations.” It seeks comment on other proposals to realign the band. Licenses would be made available on a geographic basis.

The 900 MHz licenses would be made available through “a market-driven, voluntary exchange process that would allow existing licensees to agree voluntarily on a plan for relocating incumbents and transitioning the band for broadband use.” Alternately, the NPRM would seek comment on overlay licenses and an incentive auction.

The 896-901/935-940 MHz spectrum is currently designated for narrowband private land mobile radio communications by business/industrial/land transportation licensees and for specialized mobile radio use “with deployed systems primarily used for two-way communication by land transportation, utility, manufacturing, and petrochemical companies,” the proposed NPRM says: “In light of the continuing evolution of technology and the marketplace, and consistent with the Commission’s recent efforts to increase access to flexible-use spectrum, we propose to reconfigure the 900 MHz band to facilitate the development of broadband technologies and services as well, including for critical infrastructure.”

Another wireless draft NPRM proposed by Pai seeks comment on whether to change existing rules for the partitioning, disaggregation and leasing of geographic area spectrum licenses as “a potential means to increase the availability of advanced telecommunications services in rural areas and spectrum access by small carriers.” The goal is to help close the digital divide, the FCC says.

The draft says it builds on 1996 rules and addresses a Mobile Now Act requirement. The agency notes it has received more than 1,000 assignment applications for partitioning and disaggregation of more than 4,000 licenses over the past 10 years. In some cases, larger carriers are proposing to sell spectrum to smaller providers.

Media, RCC Plans

The draft media modernization order on satellite TV stations appears little changed from the NPRM, and would eliminate rules requiring reauthorization of satellite stations in transactions if the owners certify there has been no material change in circumstances. The draft would still allow applicants to use the streamlined procedure even if the satellite changes parent stations, an issue that provoked disagreement among commissioners in the NPRM (see 1902190057).

The FCC would establish "flexible" service-quality standards for intermediate carriers under a 2017 statutory mandate to improve rural call completion (RCC). Those providers would be required to "take steps reasonably calculated to ensure that any calls they handle are in fact completed," said a draft order summary. "Where intermediate providers know, or should know, of a call completion issue, they must act to address it." In routing calls to rural areas, they would be required to "actively monitor the performance of any directly contracted intermediate provider, and ... address any identified performance issues with that provider." They also would be required to ensure any other intermediate providers they hand off calls to are registered with the commission. There would be an exemption from the standards for intermediate carriers qualifying for a "covered provider safe harbor" under existing rules.

The draft would end covered provider data duties and deny telco petitions to reconsider an April RCC order. Data recording and retention obligations would sunset one year after the new standards take effect. The petitions to be denied would be: NTCA's asking for reconsideration of a "decision not to require covered providers to file their documented [RCC] monitoring procedures"; and USTelecom's regarding certain aspects of the agency's monitoring rules for covered providers. The April order required long-distance providers that select routes to monitor the performance of intermediate carriers handling calls (see 1804170025).