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Volume X, Number 193

July 10, 2020

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July 09, 2020

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July 08, 2020

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Parties Appeal C-Band Order; Universal Broadband Act; Massachusetts AG Raises Concerns with State 911 Budget; $25,000 Penalty for FAA Weather Radar Interference — Vol. XVII, Issue 19

Parties Appeal C-Band Order in DC Circuit

PSSI Global Services LLC (PSSI) and a group of small satellite operators (SSOs), led by ABS Global Ltd., have filed appeals of the FCC’s C-Band Order (Vol. XVII, Issue 9) in the U.S. Court of Appeals for the D.C. Circuit.  In PSSI’s appeal, the company explains that the Order reduces C-Band spectrum for satellites by 60% and that the limitations will subject PSSI to “crippling interference.”  The company alleges that it has demonstrated that they would be harmed if flexible 5G licenses operated in the lower portion of the C-Band.  Similarly, in their appeal, the SSOs explain that incumbent satellite licensees will lose 300 MHz of spectrum, with no replacement spectrum or monetary compensation.  The parties have not commented on the matter beyond the filings.  

Universal Broadband Act

Last week, Representatives Collin Peterson (D-MN) and Don Young (R-AK) introduced the Universal Broadband Act (H.R. 6723), which expands the Universal Service Fund (USF) contribution base to include broadband services’ revenues to support on a sustainable basis the buildout of broadband infrastructure, particularly in rural areas. The bill would codify that broadband is within the definition of Universal Service; require the FCC set a contribution factor as needed to meet Universal Service goals; require consultation between USDA’s RUS, NTIA, and the FCC, impose reporting requirements on the FCC; and prioritize unserved areas and tribal areas.  The bill was introduced with seven original co-sponsors.  

Massachusetts Attorney General Office Raises Concerns with State 911 Department Budget

On May 1, 2020, the Massachusetts Office of the Attorney General (AGO) submitted Comments in the proceeding regarding the State 911 Department’s Petition for Approval of FY 2020 Expenditures and FY 2021.  The AGO’s Comments explain that in 2018, the Department of Telecommunications and Cable (DTC) rules that the E911 Fund could be used to fund the upgrade of the Commonwealth of Massachusetts Interoperable Radio System (“CoMIRS”).  The AGO’s Comments further state that the CoMIRS upgrade is significantly delayed and that the “AGO is concerned that, while State 911 has been collecting more than sufficient revenues for the past year and a half in order to move the CoMIRS upgrade forward, the E911 funds are not being used to attain all of the intended benefits of the CoMIRS upgrade as envisioned” when the DTC approved funding.  The AGO encourages the DTC to “review and scrutinize” revenues and expenditures related to the CoMIRS upgrade project. 

Proposed $25,000 Penalty for FAA Weather Radar Interference

The Commission issued a Notice of Apparent Liability (NAL) proposing a fine of $25,000 against DWireless & More Inc. (DWireless).  DWireless provides wireless internet services in Puerto Rico.  The NAL states that DWireless was operating Unlicensed National Information Infrastructure (U-NII) devices in an unauthorized manner.  The operations caused interference to an FAA terminal doppler weather radar station in San Juan, Puerto Rico.  The FAA uses terminal doppler weather radar to detect dangerous weather conditions near airports.  The NAL states that DWireless was willfully violating the Commission’s rules.

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 132


About this Author

C. Douglas Jarrett, Keller Heckman, telecommunications lawyer, procurement law

Douglas Jarrett joined Keller and Heckman in 1979. Mr. Jarrett specializes in telecommunications law, policy and procurement matters.

Mr. Jarrett is a recognized expert in representing enterprises in negotiating telecommunications services agreements with the major wireline and wireless carriers, domestically and globally.  He also advises enterprises on M2M services, cloud computing and IVR technology procurements. 

Mr. Jarrett represents technology companies in securing amendments to the FCC rules to enable the...

Gregory E. Kunkle, Keller Heckman, regulatory attorney, FCC lawyer

Gregory Kunkle joined Keller and Heckman in 2006. Mr. Kunkle practices in the area of telecommunications, with an emphasis on assisting corporate clients and trade associations with various legal and regulatory matters before the Federal Communications Commission.

Mr. Kunkle regularly counsels critical infrastructure companies, such as electric utilities, oil and gas companies, and railroads, public safety agencies, and commercial providers regarding FCC wireless licensing and compliance issues.  He assists clients in identifying and acquiring wireless spectrum through a variety of means, including spectrum leasing, purchase and sale of licenses, and the FCC's auction process. His spectrum acquisition practice spans all of the FCC’s wireless frequency allocations, including the 220 MHz band, AMTS (217/219 MHz), VHF/UHF Part 22 Paging, the 1.4 GHz band, Part 90 800/900 MHz bands, MAS, the 2.5 GHz EBS/BRS band, and the 700 MHz band.

Mr. Kunkle counsels clients that become involved in the FCC's enforcement process including by responding to and vigorously defending against complaints and investigations and, where appropriate, negotiating settlements with the Commission. 

Thomas B. Magee, Keller Heckman, transactional counsel, litigation attorney, FCC law, safety violation lawyer

Thomas Magee joined Keller and Heckman in 2000. Mr. Magee provides regulatory, transactional and litigation counsel to investor-owned electric utilities, electric cooperatives and municipalities regarding pole attachments and Federal Communications Commission (FCC) licensing of private wireless telecommunications services.

Mr. Magee has helped to resolve dozens of pole attachment disputes affecting make-ready costs, safety violations, unauthorized attachments, annual rental rates and other terms and conditions of access. He negotiates,...

Tracy Marshall, Keller Heckman, regulatory attorney, for-profit company lawyer

Tracy Marshall assists clients with a range of business and regulatory matters.

In the business and transactional area, Ms. Marshall advises for-profit and non-profit clients on corporate organization, operations, and governance matters, and assists clients with structuring and negotiating a variety of transactions, including purchase and sale, marketing, outsourcing, and e-commerce agreements.

In the privacy, data security, and advertising areas, she helps clients comply with privacy, data security, and consumer protection laws, including laws governing telemarketing and...

Wesley K. Wright, Keller Heckman, Telecommunications Lawyer, FCC Enforcement Attorney, DC

Wesley Wright joined Keller and Heckman in 2006 and practices in the areas of telecommunications law.  He assists corporate clients and trade associations with various legal and regulatory matters before the Federal Communications Commission, Federal Aviation Administration, courts and state agencies.

Mr. Wright’s practice includes private wireless licensing, FCC enforcement, and related transactional matters.  He counsels clients on internal operations and governance matters and has drafted and negotiated asset purchase agreements,...