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Telecom Alert — CTIA Sues Kentucky 911 Services Board; California CCPA Final Regulations; Infrastructure Executive Order; Lifeline Temporary Waiver for Rural Tribal Areas; June Open Meeting — Vol. XVII, Issue 23

CTIA Sues Kentucky 911 Services Board

CTIA filed a lawsuit against the Kentucky 911 Services Board last Tuesday, alleging that the Board is illegally diverting funds from the Lifeline program to the state’s 911 services.  Kentucky Gov. Andy Beshear signed a bill in March that required Lifeline providers to pay a $0.70 fee per subscriber each month to the 911 Services Board, even if the subscriber receives free service.  CTIA claims that federal law prohibits the state from requiring providers to remit a state or local tax on behalf of any other person unless it is in connection with a financial transaction.  CTIA argues that providers do not receive money or other compensation from Lifeline subscribers in connection with a financial transaction. 

California AG Releases Long-Awaited CCPA Final Regulations

On June 1, 2020, California Attorney General Xavier Becerra submitted the final package of regulations implementing the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL) for approval. The regulations reflect key CCPA compliance obligations for businesses, including specific actions that must be taken to allow consumers to exercise their rights under the law. Substantively, the regulations remain unchanged from the last draft submitted in March of this year. To learn more about the final regulations and what businesses might expect in terms of CCPA enforcement, read our analysis here.

Executive Order Expedites Infrastructure Development

President Donald Trump issued an Executive Order on Thursday aimed at expediting the approval of infrastructure projects to stimulate economic growth in light of the pandemic.  The Executive Order directs agencies to speed up infrastructure investments and siting projects.  It permits agencies to use emergency provisions in the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and other federal laws to exempt projects from certain environmental review requirements and use alternative processes. 

Lifeline Temporary Waiver for Rural Tribal Areas

The FCC issued an Order last Monday temporarily waiving certain application and enrollment process requirements for consumers who reside in rural Tribal areas in light of the pandemic.  Under FCC rules, if a consumer’s application fails an automated check to confirm the consumer’s qualification, they must submit supporting documents.  The Order waives that requirement until August 31, 2020, and permits providers to begin offering service to such consumers.  The Commission also extended its waivers of the Lifeline program’s recertification, reverification, general de-enrollment, usage, and income documentation requirements through August 31. 

June Open Meeting

Last Tuesday, the FCC issued a Sunshine Notice announcing the items it will consider at its Open Meeting on June 9.  Among the items is a Public Notice establishing procedures for the RDOF Phase I auction (Vol. XVII, Issue 21), which will make up to $16 billion in support over ten years for broadband deployment in unserved areas.  The Commission will also consider a Declaratory Ruling and Notice of Proposed Rulemaking that seeks to clarify Section 6409(a) of the Spectrum Act of 2012  and a Notice of Proposed Rulemaking and Order that would explore innovative new uses of the 70, 80, and 90 GHz bands.  

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 160



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,...