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Volume X, Number 264

September 18, 2020

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Telecom Alert — 3.5 GHz Band Auction Update; 70/80/90 GHz Band Proposal; FCC Clarifies Wireless Infrastructure Rules; Telecom Co-ops Qualify for PPP Loans Use — Vol. XVII, Issue 24

Over 300 Parties Apply for 3.5 GHz Band Auction

The FCC’s Office of Economics and Analytics released a Public Notice last Tuesday announcing the status of 348 short-form applications it received for the 3.5 GHz band auction (Auction 105) (Vol. XVII, Issue 18).  Of the applications submitted, 106 were deemed complete and 242 were deemed incomplete.  Parties that submitted incomplete applications must correct any deficiencies and resubmit with the required upfront payment by 6:00 p.m. on June 19.  The Public Notice also announced that the mock auction will now begin on July 17.  

70/80/90 GHz Band Proposal for Expanded Use

At its June 9 Open Meeting, the FCC adopted a Notice of Proposed Rulemaking and Order that seeks comment on proposals to explore new and innovative commercial uses of the 70, 80, and 90 GHz bands (Vol. XVII, Issue 23).  The NPRM proposes updating the link registration process and modifying its antenna rules to allow for smaller antennas in the bands.  It also seeks comment on authorizing point-to-point links to endpoints in motion in these bands to provide broadband internet access aboard aircraft and ships.      

FCC Adopts Clarification of Wireless Infrastructure Rules

The FCC released a Declaratory Ruling and Notice of Proposed Rulemaking last week that clarifies and seeks comment on its rules governing state and local government review of modifications to existing wireless infrastructure (Vol. XVII, Issue 21).  The Declaratory Ruling clarifies when the 60-day shot clock for review begins as well as the definition of “substantial change.”  In the Notice of Proposed Rulemaking, the Commission seeks comment on its proposal to clarify the definition of “site” and amend its rules to provide eligibility for streamlined processing of certain modifications that require ground excavation.  

Telecom Co-ops Qualify for PPP Loans

The U.S. Small Business Administration (SBA) issued an Interim Final Rule on Eligibility of Certain Telephone Cooperatives last week that declares certain telephone cooperatives eligible for the Paycheck Protection Program (PPP).  The ruling clarifies that telephone cooperatives organized under § 501(c)(12) of the Internal Revenue Code are eligible PPP borrowers, as long as they meet certain other requirements.  These requirements include satisfying the employee-based size standard established in the CARES Act, SBA’s employee-based size standard corresponding to its primary industry, if higher, or both tests in SBA’s “alternative size standard.” 

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 167


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,...