September 28, 2021

Volume XI, Number 271

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September 27, 2021

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Telecom Alert: EEI Pole-Attachment Petition; Wireless Emergency Alert Survey Partnerships; FCC Enforcement Alert; C-Band Licenses Granted [Vol. XVIII, Issue 30]

FCC Seeks Comment on EEI Pole-Attachment Petition

The Wireline Competition Bureau released a Public Notice seeking comment on a petition for declaratory ruling filed by The Edison Electric Institute (“EEI”) asking the Commission to clarify several of its pole-attachment rules.  Specifically, EEI requests a declaratory ruling that (1) when the Commission determines that a pole attachment rate, term, or condition is unjust and unreasonable and orders a refund, the “applicable statute of limitations” is the same as the two-year period prescribed in section 415(b); and (2) refunds in pole attachment complaint proceedings are not “appropriate” for any period preceding good-faith notice of a dispute.  Interested parties may file comments or oppositions to the Petition by August 23, 2021 and reply comments by September 7, 2021. 

Wireless Emergency Alert Survey Partnerships

Last week the FCC announced that it is entering into partnerships with eleven federal, state, and local agencies to assess the delivery of the Wireless Emergency Alerts during a planned nationwide test on August 11.  A test message will be directed only to consumer cell phones where the subscriber has opted in to receive test messages beginning at 2:20 p.m.  The agencies will participate in the survey to confirm that the test message was delivered in a timely manner and help identify any issues.  The Commission also sent letters to AT&T, T-Mobile, and Verizon asking them to provide information on their performance. 

FCC Enforcement Alert – EAS Accessibility

The FCC issued an Enforcement Advisory last week reminding Emergency Alert System (“EAS”) participants of the requirements to ensure alerts are visually and aurally accessible.  Analog and digital television broadcast stations, analog and digital cable systems, wireless cable systems, wireline video systems, and DBS providers must transmit EAS alerts in a manner that allows individuals with and without disabilities to access the full content.  EAS participants must deliver national test alerts and conduct weekly and monthly tests of the system. 

C-Band Licenses Granted

The FCC issued a News Release last week announcing the grant of 5,676 licenses in the 3.7-3.98 GHz band (“C-Band”) following the completion of Auction 107 earlier this year (Vol. XVIII, Issue 9).  All 5,684 of the licenses offered in the Auction were won by 21 bidders, generating over $81 billion in gross proceeds and delivering 280 MHz of mid-band spectrum for 5G. 

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 207
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About this Author

Thomas B. Magee, Keller Heckman, transactional counsel, litigation attorney, FCC law, safety violation lawyer
Partner

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,...

202-434-4128
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,...

202.434.4239
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...

202-434-4178
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