Adopted "Delete" Final Rule protects legacy cordless phones; eliminates blocking requirement in 800MHz scanners.

REC's ex parte letter to OET resulted in the Office adding a weak clarification that existing "46/49" cordless phones can continue to be used, despite the deletion of the rule allowing them.

Whenever the Commission considers an action that will be on the agenda, they will release a “circulation draft”. This is normally released three weeks prior to the open meeting date. This was a process started by former Chairman Ajit Pai. Because of these documents, it gives industry stakeholders a two-week opportunity to make ex parte presentations or send ex parte letters to decisionmakers in the appropriate bureau or office. In the past, REC has been able to successfully use this process to modify the bureau’s/office’s/Commission’s decision on a matter. One case was during the online public notice policy change to §73.3580. In the past, it has also been used against us, such as in MB Docket 03-185, when the Commission was ready to reach a Report and Order eliminating all NCE protections to TV Channel 6 (§§73.525, 73.825, 74.1205) but then it was stopped because of ex parte presentation by Disney (owners of WPVI, Channel 6 in Philadelphia, the only network affiliate remaining on RF Channel 6). FCC regulations and the Sunshine Act prohibit ex parte presentations be made upon the release of the “sunshine notice” which normally is released on the Thursday before the meeting (one week prior).

For the circulation draft for the Direct Final Rule from the Office of Engineering and Technology (OET), REC had submitted an ex parte letter directed to OET and the offices of all three Commissioners. In that letter, REC expressed concern regarding the complete deletion of §15.233, which addresses the use of cordless telephones operating in various bands between 43.71 and 50.00 MHz. Our letter stated that it would not be appropriate to delete frequency privileges of consumer equipment that may be still in circulation, especially in rural and collector settings. We noted that without the rule in place, which allows a field strength of 100 times greater than that for normal Part 15 devices in this spectrum, it could render each phone to be illegal, in violation of §301 of the Communications Act. REC had stated that we do not oppose deleting portions of §15.233 that relate specifically to the certification and sale of new cordless phones in this spectrum, but we do feel that these phones need to remain legal for the few who may continue to use them.

Like with what the Media Bureau did to address our concerns about online public notices, we do note that OET did very quietly address the cordless phone issue. Even though the entire rule is still ordered to be deleted, we note that the adopted version of the Direct Final Rule does include the following new language in footnote 5 in respect to §15.233:

“[T]o the extent there are existing cordless telephones certified to operate in these bands up to the emission limits in 47 CFR §15.233, such cordless telephones are permitted to operate pursuant to their existing authorizations, including at the emission limits specified therein.”

This language did not exist in the circulation draft. While we do feel that keeping some language in the CFR to recognize the 10,000 mV/m at 3 meters emission limitation for these phones would fully protect these units, we do have language that continues to protect these units. The bottom line is that because of REC’s actions in this matter, these phones will remain legal to continue using. New phones of these types cannot be manufactured (and they have not been manufactured for decades, which is likely why they wanted to delete the rule).

REC recommends that collectors and others who continue to use cordless phones that exclusively operate in the 43~50 MHz band (including the “46/49” type phones) to print a copy of the Direct Final Rule and keep it with their records permanently so it can be referred to in the unlikely event of future enforcement action.

FCC removes 800 MHz blocking requirement on scanners

In the same Direct Final Rule order, the FCC has also deleted and reserved §§ 2.1033(b)(13) and 15.121, which addresses the need for scanners to block out specific portions of spectrum in the 800 MHz range where cellular telephones operate. These rules were put in place originally following the enactment of the Telephone Disclosure and Dispute Reduction Act (106 Stat. 4195), an amendment to §302a(d) of the Communications Act. This was also at a time when cell phone communications were still analog in some cases and could be easily heard using an unblocked scanner or communications receiver. Analog cellular communications in the 800 MHz band using Advanced Mobile Phone System (AMPS) would be completely phased out by 2008. Because of the conversion of this spectrum from AMPS to digital technologies, such as CDMA and GSM, a conventional scanner or communications receiver would no longer be able to pick up telephone communications in the 800 MHz band.

The way that we read this rule deletion is that scanners are no longer required to block those portions of the 800 MHz band that were previously used for AMPS cellular service and thus may be used for other public mobile/broadband purposes. We do note that §302a(d) is still on the books and thus it is still a violation of federal law for any scanning receiver that is capable of-

1. Receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications serivce.

2. readily being altered by the user to receive transmissions in such frequencies; or

3. being equipped with decoders that convert digital cellular transmissions to analog voice audio.

Since all cellular communications have converted to encrypted digital formats, it can be interpreted that the deletion of §§2.1033(b)(13) & 15.121 would remain in compliance with §302a(d). Federal law still prohibits any devices that can convert digital cellular communications to analog audio.

Whether this means that Uniden and other scanner manufacturers will be rushing to change their models to remove this blocking is yet to be seen, however, it would likely be fruitless due to the lack of analog and unencrypted digital communications (e.g. P25) that may exist in the blocked spectrum.

Use this information about the 800 MHz band at your own risk!!