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Telecom Alert: Emergency Connectivity Fund First Round Funding; 2.5 GHz Mutual Exclusivity Resolution; MTE NPRM Comment Deadlines; Senators Back Rosenworcel as Permanent Chairwoman [Vol. XVIII, Issue 39]

Emergency Connectivity Fund First Round Funding

Last week, the FCC announced it is committing more than $1.2 Billion for 3,020 schools, 260 libraries, and 24 consortia that applied for support from the Emergency Connectivity Fund (Vol. XVIII, Issue 27).  Approximately $1.17 billion in funding will support schools, $23.97 million will support libraries, and $12.03 million will support consortia of schools and libraries.  The Commission continues to review applications from the first application filing window and will announce future funding commitments in the coming weeks.  A second application filing window will open on September 28 and close on October 13. 

2.5 GHz Mutual Exclusivity Resolution

The Wireless Telecommunications Bureau issued a Public Notice last week urging 2.5 GHz band rural tribal priority window applicants to resolve mutual exclusivity issues (Vol. XVIII, Issue 20).  Mutual exclusivity occurs when more than one application requests some amount of overlapping geographic area, spectrum, or both, no matter how minimal the overlap.  Mutually exclusive applications cannot be processed under the Commission’s normal application review process unless the overlap is eliminated, so the Commission encourages tribal entities with pending applications to take voluntary steps to remedy any overlaps.  The Bureau also announced that an additional 20 applications have been accepted for filing, with a total of 270 licenses granted to Tribes or Tribally-controlled entities to date.  

MTE NPRM Comment Deadlines

The FCC published a notice in the Federal Register last week announcing the comment and reply comment deadlines for the Public Notice (Vol. XVIII, Issue 37) seeking to refresh the record on a 2019 Notice of Proposed Rulemaking on improving broadband access to multiple tenant environments (“MTEs”).  The FCC invites parties to “update the record” on issues “including but not limited to (1) revenue sharing agreements; (2) exclusive wiring arrangements, including sale-and-leaseback arrangements; and (3) exclusive marketing arrangements.”  Comments and reply comments are due by October 21, 2021, and November 4, 2021, respectively.  

Senators Back Rosenworcel as Permanent Chairwoman

A group of 25 senators published letter to President Joseph Biden last week urging the President to appoint Acting Chairwoman Jessica Rosenworcel to a full term as Commissioner and to designate her the permanent Chairwoman.  Chairwoman Rosenworcel’s term expired last year, though she is able to serve through the end of the current Congressional term and would have to step down if she is not reconfirmed at that point.  If that occurred and no other Democrat was confirmed prior, Republicans would have a 2-1 majority with Commissioner Geoffrey Starks as acting Chairman.  

Co-authors: Jason P. Chun, Timothy A. Doughty, C. Douglas Jarrett, Gregory E. Kunkle, Thomas B. Magee, Tracy P. Marshall and Kathleen Slattery Thompson

© 2022 Keller and Heckman LLPNational Law Review, Volume XI, Number 270

About this Author

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...

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,...

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...

Michael T. N. Fitch, Keller Heckman, Wireless Communications Attorney
Senior Counsel

Michael Fitch has over 40 years of experience in wireless, international, infrastructure and other telecommunications regulatory areas.  Mr. Fitch advises clients on a wide range of issues in these areas.

Mr. Fitch began his career at the Federal Communications Commission, where he advanced from staff attorney to Bureau Chief and Senior Legal and International Advisor to the Chairman. He also served as a Presidential Exchange Executive from the FCC to the Westinghouse Electric Corporation in Pittsburgh for one year. 



Jaimy “Sindy” Alarcon is a Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) Licensing Specialist.

Sindy works in conjunction with the attorneys in the Telecommunications Practice to prepare FCC applications for clients seeking authority for new services, modifications, administrative updates, license cancellations, Requests for Special Temporary Authority (STA), Requests for Rule Waivers, Assignments of Authorization, Transfers of Control, Renewals, and Notifications of Construction for various radio services including microwave, land mobile, marine...