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Penalties for LED Bulbs; O'Rielly Speaks on Tower Issues; San Francisco Ordinance Preemption Petition; USF Contribution Exemption; Wireless Infrastructure NPRM Deadlines Extended: Telecom Alert May 30, 2017
Tuesday, May 30, 2017

FCC Enforcement Bureau Issues Penalties for LED Bulbs

The Enforcement Bureau of the FCC entered into a Consent Decree with AFX, Inc., concluding an investigation into whether AFX deliberately marketed LEDs unauthorized by the Commission’s rules and caused AM/FM radio interference. Under the Order, AFX will pay a $90,000 civil penalty and implement a compliance plan to guarantee company practices remain congruent with the Commission’s rules.

O’Rielly Speaks on Tower Issues

Last week, Commissioner O’Rielly spoke at the Wireless Infrastructure Show.  In the speech, O’Rielly touched on a number of issues effecting wireless infrastructure. Among these issues was language from the FAA Extension, Safety and Security Act of 2016, which effectively mandates all towers ranging between 50 to 200 feet meet certain paint and lighting requirements. O’Rielly said that while protecting life and preserving the safety of pilots is important, the broad implications of the rule do not aid to this cause and therefore must be significantly improved. The National Association of Tower Erectors praised Commissioner O’Rielly for his “common sense approach” to address the tower obstruction marking provisions.

FCC Receives Comments on San Francisco Ordinance Preemption Petition

Last week, the Comment period closed for a Petition for Preemption, which asked the FCC to preempt an ordinance adopted by the City of San Francisco that would require multiple dwelling unit (MDU) owners to allow competing service providers access to their wiring infrastructure within a building.  Comments in support of preemption focused on the inconsistency of the ordinance with existing Commission policy, including the Bulk Billing Order.  The Reply Comment Deadline is June 8.

FCC Denies Request to Broaden USF Contribution Exemption

The Wireline Competition Bureau of the FCC issued an Order last week denying a petition requesting for the Commission to widen the scope of those exempt from universal service contribution requirements to include interstate telecommunication providers for government or public safety entities. The Commission stated “the current exemption from universal service contribution requirements applies to entities providing service directly and exclusively to government and public safety entities and, by definition, does not apply to subcontractors.”

Wireless Infrastructure NPRM Comment Deadline Extended

Last week, the FCC issued an Order extending the Comment and Reply Comment deadlines for the Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure NPRM (WT Docket No. 17-79).  The revised dates are June 15 and July 17 for Comments and Reply Comments, respectively.  This extension harmonizes the dates with the comment and reply dates on the Wireline NPRM, NOI, and RFC. 

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