Wireless Report

The Wireless Report

AICC files petition for emergency relief regarding AT&T 3G sunset

By John A. Prendergast, Managing Partner, Blooston Law (jap@bloostonlaw.com)

On May 10 AICC filed a Petition for Emergency Relief, asking the FCC to require a ten-month extension of the February 22, 2022 3G service termination of AT&T Mobility LLC and its affiliates. The requested relief is necessary as the COVID-19 pandemic has caused significant delays in being able to replace 3G alarm signaling radios in customer premises for more than one year. Millions of 3G alarm radios utilize AT&T’s cellular network to transmit warnings of fire, home invasions, medical emergencies and dangerous carbon monoxide levels. The alarm industry has had great difficulty over the past fourteen months accessing customer premises in order to replace the 3G alarm radios, because most consumers and businesses are fearful of letting strangers into their homes or offices during COVID. Other obstacles:

1. Installer unavailability due to illness with COVID, quarantine after

COVID exposure, or the need to take care of loved ones. 2. Pandemic-related alarm resource drain, as alarm companies must task available personnel with more urgent situations related to COVID issues. 3. Staffing issues: It has proven difficult to hire and retain the necessary number of installers for the 3G upgrade during the pandemic. 4. Travel restrictions and confusion on the part of facility managers make it difficult to perform alarm maintenance work. 5. The global microchip shortage and supply chain issues further hinder alarm radio replacement efforts.

AICC points out that the obstacles created by the pandemic and world-wide chip set shortage can be addressed by a reasonable extension of AT&T’s 3G service, and points to other examples of emergency measures taken by the FCC in response to COVID. AICC notes that it is continuing a dialog with AT&T toward a negotiated extension, but is concerned that the current deadline is fast approaching so the matter must be resolved in the very near future, with FCC help if necessary.

In two recent letters to the FCC– one from the Public Interest Spectrum Coalition (“PISC”), and one from DISH Network – similar concerns have been raised with regard to T-Mobile’s proposed sunset of its 3G CDMA service.

FCC Seeks Comment on Potential Impact of Semiconductor Shortage

On May 11, the FCC issued Public Notice seeking on the impact the continuing global shortage of semiconductors may have on the U.S. communications sector and on FCC initiatives. Comments are due June 10, and reply comments are due June 25. The semiconductor shortage

is affecting the alarm industry’s efforts to replace 3G-based alarm radios ahead of the impending 3G sunset, and perhaps other aspects of equipment manufacturing.

Comment is sought on the following questions, among others:

• Has the global semiconductor shortage spread to the communications sector? • What is the short- and longterm capacity of manufacturers of semiconductors and semiconductor components to keep up with the communication sector’s demand? • How long is the current shortage expected to last? • What are the factors impacting the supply of semiconductors and other manufacturing components which are critical to the communications sector? • What are the impacts of shortages of semiconductors or other critical components on the communications sector, including

on consumers, enterprise system users, private network operators (such as critical infrastructure), and service providers? • What are the impacts of these shortages on the public interest? • What steps can be taken by the

Commission, either working on its own or in concert with Federal partners, to help address these current challenges?

According to the FCC’s Press Release, these semiconductor supply chain constraints have been acknowledged by the Administration and by Congress, and the U.S. government is taking steps to address these challenges. The FCC is particularly focused on the impact this shortage could have on the communications industry, agency initiatives, and the nation’s continued advancement in next-generation technologies that are key to national and economic security.

“At the FCC we are pursuing a proactive strategy to help build a more secure, resilient, and next-generation communications supply chain,” said FCC Acting Chairwoman Jessica Rosenworcel. “The communications sector is one of the fastest growing segments of the semiconductor industry. These tiny pieces of technology are the basic building blocks of modern communications—including 5G, Wi-Fi, satellites, and more. That is why we are seeking to better understand the current shortage, its consequences for the communications sector, and steps we can take to ensure that FCC priorities and initiatives remain on track.”

FCC Waives Rules to Allow In-Cabin Car Monitoring to Safeguard Children

The FCC has formally granted waiver requests by Brose North America, IEE Sensing, Infineon Technologies Americas, Tesla, Valeo North America, and Vayyar Imaging of its technical and service rules for unlicensed operation in the 5771 GHz band. The limited waivers will allow these equipment manufacturers and automakers to supply and operate in-cabin radars in the 60 GHz spectrum band.

The new in-cabin car radars are designed to monitor for children left in dangerous, hot cars and trigger alerts that could save lives. This type of system is superior to systems which trigger a reminder to check the back seat if one of the rear doors has been opened after the car is unlocked. This is because children can enter from the front of the car and climb over the front seat into the back seat of the car. In a Press Release, the FCC noted that, according to the National Highway Traffic Safety Administration, children dying from heatstroke in cars, either because they were left there or became trapped, has increased in recent years. There were 52 and 53 such deaths in 2019 and 2018 respectively – with far more suffering significant and permanent injury. The majority of these deaths are due to someone forgetting a child in the car. In 2019, more than 20 leading automobile manufacturers committed to implementing rear seat reminder systems as standard equipment in their vehicles no later than the 2025 model year.

“Technology is providing new ways for families to help keep their children safe,” said FCC Acting Chairwoman Jessica Rosenworcel. “That’s why I’m proud that the FCC can play a role in protecting kids from the avoidable danger of deadly heatstroke. With summer fast approaching, these waivers are a first step toward implementing a more permanent policy framework for promoting innovations like these lifesaving auto safety technologies.” The alarm industry should monitor this development and determine if incabin radar technology can augment current alarm services, or create new service opportunities.

FCC Publishes Initial List of Equipment Posing a Threat to National Security

The FCC has issued a Public Notice which lists the communications equipment and services that have been deemed a threat to national security pursuant to the Secure and Trusted Communications Networks Act of 2019. The list includes five Chinese companies that produce telecommunications equipment and services that have been found to pose an unacceptable risk to U.S. national security or the security and safety of U.S. persons. They include certain equipment and/or services (depending upon use) provided by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company and Dahua Technology Company. Please contact AICC if you are interested in the full list of equipment and services that are affected by this notice. The alarm industry should determine if any equipment from the watchlist companies is utilized in providing wireless alarm monitoring, or if equipment or components from other companies likely to be added to the watchlist are used.

The Secure Networks Act requires the Commission to publish and maintain a list of communications equipment and services that pose an unacceptable risk to national security or the security and safety of U.S. persons. The FCC will update the list if other communications equipment and services are determined to meet the criteria under the law.

“This list is a big step toward restoring trust in our communications networks,” said Acting Chairwoman Rosenworcel. “Americans are relying on our networks more than ever to work, go to school, or access healthcare, and we need to trust that these communications are safe and secure. This list provides meaningful guidance that will ensure that as next-generation networks are built across the country, they do not repeat the mistakes of the past or use equipment or services that will pose a threat to U.S. national security or the security and safety of Americans.”

FCC Dismisses Police Department Challenge of License Renewal Dismissal – Wideband Emissions Need to be Removed from Licenses

A recent FCC action highlights three issues for Part 90 radio licensees (including many alarm companies): First, if it is necessary to challenge an FCC action affecting your license, the petition must be filed in a timely manner. Second, if an application is returned for corrective action – in this case, removal of the wide-band emission – the application must be amended within 60 days of the return letter. And third, Part 90 licensees need to ensure that their renewal applications show that their radios have been “narrowbanded” as required by the FCC effective January 1, 2013.

On June 9, 2017, Junction City Police Department (the City) timely filed its license renewal application. The FCC returned the application with instructions that the City modify its license to delete the wide-band emission designators that were still showing on the license. The FCC’s return letter provided the City with a 60-day time clock to modify the license and amend the application reflecting that it had requested modification of the license. Unfortunately, the FCC’s Universal Licensing System reflects that the City did neither. As a result, because the license renewal application had not been amended pursuant to the return letter, the FCC dismissed the license renewal application. On November 22, 2017, one day after the close of the 30-day time period to challenge this action, the City filed its petition seeking reconsideration of the FCC’s action. Because the petition for reconsideration period is established by the Communications Act, the FCC does not have the flexibility to waive the period. As a result, the FCC was forced to dismiss the petition – no matter how meritorious the petition might have been.

It is also important that alarm companies promptly respond to FCC correspondence. In that regard, we recommend that you contact our office for guidance in making the response so that you do not fall into an inadvertent trap. Here, the City failed to respond to the FCC’s return letter, and now finds itself in the untenable situation where it has no license and will now have to go through the added expense of obtaining special temporary authority to continue station operations and filing an application for permanent authority. Moreover, in some cases it may not be possible to get the same frequencies back, especially if the frequencies were exclusive use channels or were subject to a legacy rule waiver.

Please contact Alice Cornett Giacalone for a complimentary review of your current program and quotes.

Central Insurance Agency, Inc (CIA) is a specialized agency for the security and alarm industry. CIA contracts with several insurers to provide customers with competitive prices, broad coverage and wide line of products. The agency strives to provide each customer with responsive expertise. We provide insurance to companies that offer Burglar, Fire, CCTV, Access Control, Home Automation, PERS/Medical Alarms, Armed & Unarmed Guard/Patrol Response, Fire Suppression and Armored Car Services.

As an insurance professional focused on the security and alarm monitoring industry for twenty five years, Alice Cornett Giacalone is known throughout the United States as the premier specialist to this industry. Her client list includes the “who’s who” of the security, medical monitoring and low voltage contracting industry.

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