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Telecom Alert - California 911 Outage Reporting Bill; UMFUS Auction; CA Bill Seeks to Prohibit Throttling During Emergencies; FCC Enforcement for Unauthorized VHF Programming; Tribal Workshop Cancelled - Vol. XVI, Issue 27

California 911 Outage Reporting Bill

Only July 10 the California Assembly Committee on Governmental Organization will consider Senate Bill 670, which if passed would require providers of telecommunications services that provide access to 911 service to notify the Office of Emergency Services whenever a community isolation outage occurs limiting the provider’s customers’ ability to make 911 calls or receive emergency notifications, within 60 minutes of discovering the outage.  The bill would make the office responsible for notifying any applicable county office of emergency services and the sheriff of any county affected by the outage.  All notifications would remain confidential.  

UMFUS Auction

The FCC will consider a Public Notice at its July 10th Open Meeting that would establish application and bidding procedures for Auction 103, which is the incentive auction of Upper Microwave Flexible Use Service (UMFUS) licenses in the Upper 37 GHz (37.6-38.6 GHz); 39 GHz (38.6-40 GHz); and 47 GHz (47.2-48.2 GHz) bands.  Auction 103 will be the Commission’s third auction of high-band 5G spectrum and its largest spectrum auction in history.  The auction is scheduled to commence on December 10, 2019.  

CA Bill Seeks to Prohibit Throttling During Emergencies

The California Senate Committee on Energy, Utilities, and Communications will consider Assembly Bill 1699 this week, which was recently amended to prohibit mobile internet service providers from degrading, for at least 48 hours, the lawful internet traffic of first response agencies during an emergency.  During the 2018 Mendocino Complex fire, the Santa Clara Fire Department’s data services were throttled by Verizon, which impacted its ability to provide emergency services.  

FCC Enforcement for Unauthorized VHF Programming

The FCC’s Enforcement Bureau issued a Citation and Order against a radio vendor for programming a licensees Land Mobile VHF radio system with the wrong frequency.  The licensee was authorized to operate on certain VHF spectrum, but its radio vendor programmed the wrong VHF frequency into the licensees radios, which prompted the Bureau’s citation.  The Citation and Order noted that if the vendor continues to program incorrect frequencies into radios, he may be fined up to $20,134 per day.  

Tribal Workshop Cancelled

The FCC’s workshop to evaluate opportunities to develop more robust communications infrastructure and services in Tribal Communities has been cancelled (Vol. XVI, Issue 25). 

© 2020 Keller and Heckman LLP


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,...