July 4, 2022

Volume XII, Number 185

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July 01, 2022

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Telecom Alert: 3.45 GHz Licenses Granted; ECF Funding; $100K Prohibited Auction Communications Fine; RDOF Support Authorized [Vol. XIX, Issue 19]

3.45 GHz Licenses Granted

The FCC issued a Public Notice last week announcing the grant of 23 long-form applications and issuance of 4,041 licenses in Auction 110 for wireless services in the 3.45 GHz band (Vol. XVIII, Issue 48).  Auction 110 resulted in gross proceeds exceeding $22.5 billion with thirteen of the winning companies qualifying as small business or entities serving rural communities.  It also had a substantial increase in the number of winning bidders per market compared to the C-Band auction, as over one-third of the top 100 markets had at least four winning bidders, compared with 10% of the top 100 markets in the Auction 107.  The Commission has now granted all licenses requested of winning bidders in Auction 110.   

Nearly $39 Million in Emergency Connectivity Fund Committed

Last week, the FCC announced that it is committing nearly $39 million in the latest round of the Emergency Connectivity Fund (Vol. XVIII, Issue 18).  This round of commitments will support 140 schools, 14 libraries, and 1 consortium across the country.  The last day for schools and libraries to apply for support for eligible equipment and services for the 2022-2023 school year is May 13.  The FCC anticipates awarding at least $1 billion in support in this final filing window. 

$100K Fine for Prohibited Auction Communications

Last week, the FCC’s Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture to LTD Broadband LLC (“LTD”) for repeatedly engaging in prohibited communications during the Rural Digital Opportunity Fund (“RDOF”) Phase I Auction and failing to report such actions (Auction 904).  LTD hired the investment firm RJM & Company, LLC (“RJM”) after winning bids in the auction to help it raise capital, and RJM subsequently shared information with Cox Communications, Inc. (“Cox”) about LTD’s bids, bidding strategies, and bidding outcomes during the auction’s Quiet Period.  The Bureau proposes a forfeiture of $100,000 for LTD’s violations. 

RDOF Support Authorized

The FCC issued a Public Notice last week announcing it is ready to authorize nearly $200 million in support through the Rural Digital Opportunity Fund (“RDOF”) (Vol. XIX, Issue 16).  The funding would go toward new broadband developments in 26 states and the Northern Mariana Islands, brining service to over 230,000 locations.  The winning applications must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids by 6:00 p.m. EST on May 17, 2022.  

This article contains contributions from Jaimy “Sindy” Alarcon, James Baller, Jason P. Chun, Timothy A. Doughty, Michael T. N. Fitch, C. Douglas Jarrett, Thomas B. Magee, Tracy P. Marshall, Kathleen Slattery Thompson, and Sean A. Stokes.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 129
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About this Author

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

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...

202-434-4178
Casey Lide Communication Attorney Keller & Heckman Washington, DC
Partner

Casey Lide represents clients on a broad range of communications matters including telecommunications, cable television, broadband Internet access service, wireless communications, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Casey counsels public- and private-sector clients on contract drafting and negotiation matters, including fiber optic IRUs and leases, easements, franchises, attachment agreements, ISP service agreements, interconnection and collocation agreements, strategic MoUs and others.   

He collaborates...

202-434-4186
Wesley K. Wright, Keller Heckman, Telecommunications Lawyer, FCC Enforcement Attorney, DC
Partner

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,...

202.434.4239
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