May 26, 2020

Telecom Alert - FCC Issues Notice of Violation for Unlit Tower; 911 Location Accuracy Waiver; 3.65 GHz Petition for Reconsideration; 24 GHz Auction Concludes; UTC - Vol. XVI, Issue 22

FCC Issues Notice of Violation for Unlit Tower

Late last month, the Commission issued a Notice of Violation to a tower owner for violating the lighting and accuracy components of the agency’s rules.  The Commission received a complaint that the structure had not been lit properly for months.  The FCC dispatched an agent from one of its Field Offices to the tower.  The agent not only confirmed that the lights on the structure were not functioning properly, but also that the coordinates listed on the ASR were more than 300 feet off from the actual location of the tower.  The Commission found a total of seven violations and asked the tower owner to respond to the Notice within 20 days. 

911 Location Accuracy Waiver for Rural Carriers

Last week, the Commission issued an Order granting a waiver filed by several rural carriers seeking relief from the FCC’s wireless E911 location accuracy standards.  The rule also imposes mandatory reporting requirements.  The Order requires the carriers to notify the Commission within 30 days of receiving a valid request from a Public Safety Answering Point (PSAP) for Phase II location data.  The waiver will terminate six months after the PSAP’s request.  In the same Order, the Commission granted T-Mobile’s request to withdraw a waiver request and denied NTCA’s request for a blanket waiver of the rules.  

FCC Seeks Comment on 3.65 GHz Petition for Reconsideration

In January, CallComm submitted a Petition for Reconsideration asking the Commission to include Part 90 Land Mobile Radiolocation licensees as incumbents in the Citizens Broadband Radio Service (CBRS).  The Petition argues that these radiolocation operations should be protected as existing operations in the 3.65 GHz band.  On May 24, the Commission issued a Public Notice seeking comment on the Petition.  Comments are due 15 days after the Public Notice is published in the Federal Register. 

24 GHz Auction Concludes

Auction 102, the 24 GHz band auction, concluded on May 28, 2019 (Vol. XVI, Issue 16).  The Auction raised $2.024 billion, with bidders winning 2,904 of the 2,909 licenses offered.  Combined with Auction 101, which auctioned off the 28 GHz band, the FCC raised over $2.7 billion.  This week, the Commission plans to issue a Public Notice with the detailed results of Auction 101.  Auction 103, which includes the upper 37 GHz, 39 GHz, and 47 GHz bands, is scheduled to begin on December 10.  


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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,...