June 27, 2019

June 26, 2019

Subscribe to Latest Legal News and Analysis

June 25, 2019

Subscribe to Latest Legal News and Analysis

June 24, 2019

Subscribe to Latest Legal News and Analysis

Pole Attachment Draft Order; FirstNet Update; Emergency Alerts; Connected Care Pilot Program; FCC Application Fees - Telecom Alert

Pole Attachment Draft Order Released

The FCC last week released a draft order in its pole attachment rulemaking proceeding (WC Docket Nos. 17-84 and 17-79), proposing shorter make-ready deadlines, self-help remedies in the electric space, pole-by-pole make-ready estimates, and a number of other provisions unfavorable to electric utility pole owners.  The draft order is scheduled for a vote August 2, 2018.

FirstNet Update

Earlier in July, the Colorado Public Safety Broadband Governing Body (CPSBGB) filed Comments in the Commission’s docket regarding Procedures for Commission Review of State Opt-Out Requests.  The Comments seek clarification from the Commission on the requirements for interoperability between FirstNet and wireless carriers.  Verizon recently submitted an ex parte filing in support of CPSBGB’s comments.  The filing emphasized the importance of interoperability, stating that “promoting interoperability was one of the principal reasons Congress established FirstNet.”  Verizon requested the Commission seek input on this issue from public safety agencies and interested stakeholders. 

Emergency Alerts

The Commission adopted a Report and Order and Further Notice of Proposed Rulemaking regarding the Emergency Alert System (EAS).  The Report and Order sets out procedures for state and local officials to conduct “live code” tests of the EAS.  The FNPRM seeks comment on procedures to help prevent false alerts.  Additionally, the Commission’s Public Safety and Homeland Security Bureau is holding a webinar on July 25, 2018 to provide information on the EAS and Wireless Emergency Alerts. 

Connected Care Pilot Program

Senator Roger Wicker (R-MS) and Commissioner Brendan Carr announced the Connected Care Pilot Program.  The FCC will seek $100 million to put towards the program, which will support telehealth for low-income Americans.  At the August Open Meeting, the Commission will vote on a Notice of Inquiry, which seeks comment on budgeting $100 million in USF, targeting support to connected care deployments that would benefit low-income patients, including those eligible for Medicaid or veterans receiving cost-free medical care, and supporting projects to measure and verify the costs and benefits of the program.

FCC Application Fees

The Commission released an Order adopting new fee amounts for FCC applications.  The Order comes as part of the Commission’s required two-year review of the application fee schedules.  There do not appear to be any drastic increases, with many of the fees remaining the same.

© 2019 Keller and Heckman LLP


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 joined Keller and Heckman in 2002. She 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.


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,...