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Telecom Alert - 3.65 GHz Transition Deadline Extended; Wireless Carriers Granted STA's; PA, WV Assert Jurisdiction Over Pole Attachments — Vol. XVII, Issue 12

FCC Grants Extension of Transition Deadline for Certain 3.65 GHz Licensees

Last week, the Wireless Telecommunications Bureau released an Order extending the deadline for certain licensees in the 3650-3700 MHz band (3.65 GHz band) to transition their existing Part 90 operations to the Citizens Broadband Radio Service (CBRS).  All licensees that would otherwise have had to transition operations between April 17, 2020 and October 17, 2020 now have until October 17, 2020.  The Bureau issued the extension in light of the COVID-19 pandemic to give licensees more time to transition, and not in response to the numerous petitions that have been filed seeking blanket and individual extension requests.  

FCC Grants STA’s to Wireless Carriers for Additional Spectrum

The FCC announced last week that it granted Verizon’s request for Special Temporary Authority (STA) to use additional spectrum to help meet increased customer demand for broadband during the COVID-19 pandemic.  This will allow Verizon to operate for sixty days in spectrum licensed to Northstar Wireless LLC and SNR Wireless License Co. in the AWS-3 Band to provide additional capacity to Verizon customers.  The FCC granted similar requests by T-Mobile and U.S. Cellular in recent days.  

Pennsylvania and West Virginia Assert Jurisdiction Over Pole Attachments

Last week the Pennsylvania Public Utility Commission certified to the FCC that it regulates the rates, terms, and conditions for pole attachments, making it the twenty-second state (including the District of Columbia) to replace FCC jurisdiction over attachments to investor-owned utility poles.  Just last month, West Virginia became the twenty-first state to file its certification with the FCC over pole attachments.  

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 83

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About this Author

C. Douglas Jarrett, Keller Heckman, telecommunications lawyer, procurement law
Partner

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...

202-434-4180
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 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. 

202-434-4178
Thomas B. Magee, Keller Heckman, transactional counsel, litigation attorney, FCC law, safety violation lawyer
Partner

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,...

202-434-4128
Tracy Marshall, Keller Heckman, regulatory attorney, for-profit company lawyer
Partner

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...

202-434-4234
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