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Telecom Alert - CBRS Update: Additional ESC Capabilities Approved; 5.9 GHz Band Rulemaking; 3.1-3.55 GHz Band Rulemaking; New Jersey 911 Funding Bill - Vol. XVI, Issue 48

CBRS Update: Additional ESC Capabilities Approved

Last week, the FCC’s Wireless Telecommunications Bureau and Office of Engineering and Technology announced the approval of additional or updated Environmental Sensing Capability (ESC) sensor deployment coverage plans submitted by CommScope, Federated Wireless, Inc., and Google.  Under the Commission’s rules for ESC sensor deployment, ESC operators must operate in conjunction with at least one Spectrum Access System (SAS) that has been approved for commercial deployment by the Commission (Vol. XVI, Issue 31).  Prior to providing commercial service for any given dynamic protection area (DPA), an ESC operator must file a notification with the Commission affirming that approved sensors covering the DPA are constructed and operational.  By the Commission’s Public Notice last week, CommScope and Google satisfied the sensor requirements for DPA’s 4, 5, and 7, and Federated Wireless satisfied the sensor requirements for West Long Beach and West San Diego Port DPA’s.

5.9 GHz Band Rulemaking

Chairman Ajit Pai announced that the Commission will consider a Notice of Proposed Rulemaking at its next Open Meeting on December 12th which proposes to repurpose the lower 45 MHz of the 5.9 GHz band (5.850-5.925 GHz) for unlicensed operations.  The NPRM also proposes to retain the upper 30 MHz of the band to support an Intelligent Transportation System (ITS) designed to enable vehicle-related communications, and will seek comment on how Dedicated Short Range Communications (DSRC) incumbents would transition from the lower portion or completely out of the 5.9 GHz band if the proposals are adopted.

3.1-3.55 GHz Band Rulemaking

Last month, the Commission released the draft text of a Notice of Proposed Rulemaking that would clear the 3.3-3.55 GHz band of existing non-federal users by removing the non-federal secondary radiolocation and amateur allocations, and proposes to relocate incumbent non-federal users out of the band.  The rulemaking is part of a series of Commission efforts to free up additional spectrum for flexible use, such as commercial wireless 5G services.

New Jersey 911 Funding Bill

On November 25th the New Jersey Assembly passed a funding bill that would add 911 system regionalization costs to funds appropriated from the 911 System and Emergency Response Trust Fund Account.  Assembly Bill 5434 would also allow the state to use funds appropriated from the fund to pay any costs associated with any requirement of the FCC concerning 911 service that is not allocated to a carrier, and is not eligible for reimbursement under law or regulation.

© 2019 Keller and Heckman LLP

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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...

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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, telecommunications services agreements, interconnection agreements, and other telecommunications agreements.

Prior to rejoining Keller and Heckman in 2014, Mr. Wright worked for a telecommunications company where he advised the company’s subsidiaries on federal and state regulations governing the 9-1-1 industry, VoIP requirements, and other telecommunications matters of interest.

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