March 28, 2023

Volume XIII, Number 87


March 27, 2023

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Telecom Alert: CPNI Certifications Due; USDA Invests $2.7B in Electric Coops; Guard Band Licensee, Band Manager Reports Due; ECF Funding [Vol. XX, Issue 6]

Annual CPNI Certifications Due March 1

The FCC issued an Enforcement Advisory last week reminding telecommunications carriers and interconnected VoIP providers of their obligation to file their annual certification documenting compliance with the Customer Proprietary Network Information (“CPNI”) rules by March 1, 2023. CPNI includes sensitive personal information about customers, and the Commission’s rules seeks to ensure that CPNI is adequately protected from unauthorized access. Failure to comply with the requirements may lead to enforcement action, including monetary forfeitures of up to $237,268 for each violation or each day of a continuing violation, up to a maximum of $2,372,677.

USDA Invests $2.7B in Electric Coops, Utilities

Last week, the U.S. Department of Agriculture (“USDA”) announced it is investing $2.7 billion to help electric cooperatives and utilities expand and modernize the nation’s rural electric grid and increase grid security. The USDA is investing in 64 projects through the Electric Loan Program, which makes insured loans and loan guarantees to nonprofit and cooperative associations, public bodies, and other utilities. The funding will benefit nearly two million people and business across twenty-six states and will include $612 million to help install and upgrade smart grid technologies.

Guard Band Licensee, Band Manager Reports Due

The FCC issued a Public Notice last week reminding 700 MHz Guard Band licensees and 220 MHz Band Managers of their obligation to file their annual reports by March 1, 2023. The annual reports contain information detailing the manner in which the spectrum is being used. The information should accurately convey the current level of service being offered in each licensed area, including information regarding coverage provided by Licensee’s operations and any spectrum lease agreements.

ECF Funding

The FCC announced that it is committing over $30 million in a new funding round through the Emergency Connectivity Program (the “Program”). The commitment will support applications from all three application windows and will support over 200 schools, 15 libraries, and 1 consortium. To date, the Program has provided support to approximately 10,000 schools, 1,000 libraries, and 100 consortia.

© 2023 Keller and Heckman LLPNational Law Review, Volume XIII, Number 38

About this Author

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,...

Sean Stokes Communications Attorney Keller and Heckman Washington, DC

Sean Stokes represents clients nationally on a wide range of communications matters including broadband, cable television, wireless communications, right-of-way management, pole attachments, barriers to community broadband initiatives, and public-private partnerships. He counsels clients in developing and negotiating agreements involving access to poles, ducts, conduits, dark fiber, and towers. He has represented municipal utilities and local governments in complex negotiations developing city-wide fiber-to-the-home networks and wireless small cell siting agreements.

Sean has...

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...

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...

Casey Lide Communication Attorney Keller & Heckman Washington, DC

Casey Lide represents clients on a broad range of communications matters including telecommunications, cable television, broadband Internet access service, wireless communications, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Casey counsels public- and private-sector clients on contract drafting and negotiation matters, including fiber optic IRUs and leases, easements, franchises, attachment agreements, ISP service agreements, interconnection and collocation agreements, strategic MoUs and others.   

He collaborates...