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Telecom Alert: 6 GHz Licensee Reminder; Florida PSC Proposes Pole Rules; $35K Consent Decree; $100K Reporting Violations Penalty[Vol. XIX, Issue 11]


ULS Reminder for 6 GHz Licensees

Last week, the FCC issued a Public Notice reminding incumbent 6 GHz band licensees to maintain accurate information in the Universal Licensing System (“ULS”) database.  The Commission authorized certain unlicensed operations in the U-NII-5 and U-NII-7 bands in April 2020 (Vol. XVII, Issue 17) through the use of an automated frequency coordination (“AFC”) system.  The ULS database provides AFC systems with information on fixed microwave links to ensure that incumbents are protected from harmful interference.  Licensees are required to keep information filed in the ULS current and complete.  We recommend 6 GHz licensees confirm their authorized systems in ULS  accurately reflect actual operations.  

Florida PSC Proposes Strict ILEC Pole Maintenance Rules

The Florida Public Service Commission last week proposed rules that would require telephone company owners of poles with electric facilities to inspect such poles every 8 years, ensure proper vegetation management, and comply with emergency response and storm restoration protocols.  Penalties for failing to comply would be strict, increasing from $500 for the first violation to $5,000 for the fifth and subsequent violations.  

$35K Consent Decree for Unauthorized Transfers

Last week, the FCC’s Enforcement Bureau entered into a Consent Decree with Atrium Hospitality LP (“Atrium”) for failing to seek the Commission’s prior approval before acquiring wireless radio licenses from several entities.  In June 2016, numerous commonly owned entities, which held 25 private land mobile licenses, filed for Chapter 11 bankruptcy.  A holding company for Atrium subsequently acquired the entities, including the wireless radio licenses, without obtaining prior FCC approval.  Atrium must now pay a $35,000 penalty, implement a compliance plan, and submit annual reports to the Commission over the next three years. 

$100K Penalty for Universal Service Reporting Violations

The FCC’s Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture last week against Telnexus, LLC (“Telnexus”) for failing to file its Annual and Quarterly Telecommunications Reporting Worksheets (“Annual Worksheet” and “Quarterly Worksheet”) (Forms 499-A and 499-Q) failing to respond to an FCC inquiry.  Telnexus did not file its Quarterly Worksheets due on November 1, 2013, and February 1, 2014, and any of the required Quarterly or Annual Worksheets between August 2017 and February 2022.  The FCC’s Enforcement Bureau sent a Letter of Inquiry to Telnexus  three separate times and Telnexus did not respond.  The Bureau proposes a forfeiture of $100,000 for Telnexus’ violations.  

Gregory E. Kunkle, Casey Lide, Thomas B. Magee, Tracy P. Marshall, Kathleen Slattery Thompson, Sean A. Stokes, and Wesley K. Wright also contributed to this article.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 73

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...