August 9, 2022

Volume XII, Number 221


August 08, 2022

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Telecom Alert: $220K EBB Forfeiture; 800 MHz Interstitial Channels; Form 477 Deadline; NEPA Checklist Update [Vol. XIX, Issue 27]

$220K EBB Program Forfeiture

On July 1, the FCC released a Notice of Apparent Liability for Forfeiture against Kyle Traxler and Cleo Communications (“Cleo”) for violating the federal wire fraud statute and the Commission’s rules. The FCC found that Cleo made misrepresentations to the FCC to gain authorization to participate in the Emergency Broadband Benefit (“EBB”) Program. It then promised consumers they would receive discounted service and devices through EBB, but never delivered service or devices despite accepting payments from the consumers. The FCC proposed a forfeiture of $220,210, the maximum statutory penalty. 

800 MHz Interstitial Channels Available

Last month, the Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau announced the availability of interstitial channels in the 800 MHz band for licensing (Vol. XIX, Issue 24). The Commission will begin accepting applications for 12.5 kHz bandwidth channels on July 7, 2022 and will dismiss without prejudice any pending applications requesting a waiver for early access to the channels.

Form 477 Filing Deadline Set

On July 1, the Office of Economics and Analytics announced that Form 477 filings for Local Telephone and Broadband Reporting data collected as of June 30, 2022 will be due on September 1, 2022 for required entities. Accurate and timely Form 477 data submission is legally mandated and entities that fail to submit data will be subject to enforcement. Form 477 data can be submitted here. Additionally, the Broadband Data Collection requires facilities-based providers of fixed and mobile broadband internet access who have one or more end user connections in service on June 30, 2022 to file broadband availability data by September 1, 2022 as well. 

FCC Updates NEPA Checklist

Last week, the FCC announced that it updated its NEPA checklist, a tool applicants may use to identify when a proposed facility may have a significant environmental impact and require an Environmental Assessment.  The checklist provides guidance on the steps an applicant should take to evaluate the applicability of circumstances in which facilities require an Environmental Assessment. The updated checklist also includes a new EA Checklist, which allows applicants to evaluate the sufficiency of their documents prior to submission. 

Casey Lide, Thomas Magee, Tracy Marshall, Kathleen Slattery Thompson, Sean Stokes, and Wesley Wright also contributed to this article.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 186

About this Author


Jaimy “Sindy” Alarcon is a Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) Licensing Specialist.

Sindy works in conjunction with the attorneys in the Telecommunications Practice to prepare FCC applications for clients seeking authority for new services, modifications, administrative updates, license cancellations, Requests for Special Temporary Authority (STA), Requests for Rule Waivers, Assignments of Authorization, Transfers of Control, Renewals, and Notifications of Construction for various radio services including microwave, land mobile, marine...

Jim Baller Communications Attorney Keller & Heckman Washington, DC

James (Jim) Baller represents clients across the U.S. in a broad range of communications matters including high-capacity broadband network projects, public-private broadband partnerships, telecommunications, wireless facility siting, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Jim was the founder and president of the U.S. Broadband Coalition, a diverse group of more than 160 communications service providers, high technology companies, labor unions, public interest and consumer groups, state and local government entities,...

Law Graduate

Jason Chun is a Law Graduate with our Telecommunications practice (not yet licensed to practice law as he awaits admittance under the D.C. Bar's Emergency Examination Waiver).

Timothy A. Doughty, Keller Heckman, Telecommunications Licensing Specialist, Lawyer, FCC Matters Attorney

Timothy Doughty joined Keller and Heckman in 2009 as a Federal Communications Commission (FCC) Licensing Specialist.

Mr. Doughty assists clients with the preparation of FCC applications, modifications, special temporary authorities, requests for rule waiver, renewals and spectrum leases in various radio services including Private Land Mobile, Microwave, Coast and Ground and Aircraft. His capabilities also include the preparation of tower registrations with the FCC and Obstruction Evaluations and Aeronautical Studies with the Federal Aviation...

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...