September 16, 2019

September 16, 2019

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Telecom Alert –– FCC Order Implementing Kari's Law and RAY BAUM's Act; FCC Approves ESC Operators for 3.5 GHz CBRS Band; FCC NPRM on $20.4 Billion Universal Service Proposal; FCC Seeks Comment on MDU Broadband Rulemaking –Vol. XVI, Issue 31

FCC Order Implementing Kari’s Law and RAY BAUM’s Act

Last week the Commission adopted a Report and Order implementing Kari’s Law and RAY BAUM’s ACT.  Kari’s Law requires multi-line telephone systems (MLTS) to enable users to dial 911 directly without having to dial a prefix to reach an outside line.  The rules also require MLTS to provide notification, such as to a front desk or security office, when a 911 call is made in order to facilitate building entry by first responders.  The Commission’s rules also require that “dispatchable location” information, such as the street address, floor level, and room number of a 911 caller is conveyed with 911 calls from fixed MLTS devices within one year.  For non-fixed MLTS devices, MLTS providers must convey automated dispatchable location information when technically feasible but may rely on the MLTS end user to provide location information manually, and alternative location information may be provided where providing  dispatchable location information is not feasible or cost-effective.  The non-fixed MLTS requirement takes effect in two years.  Finally, the Order consolidated the FCC’s 911 rules from multiple rule parts into a single rule part. 

FCC Approves ESC Operators for 3.5 GHz CBRS Band

Last week the FCC’s Wireless Bureau and Office of Engineering and Technology announced the approval of the Environmental Sensing Capability (ESC) sensor deployment and coverage plans by CommScope, Federated Wireless, Inc. and Google.  ESCs will be used to detect and communicate the presence of any incumbent federal radar transmissions within specified geographic areas to SASs to determine priority of CBRS operations (Vol. XVI, Issue 18).  Each certified ESC must operate in conjunction with at least one Spectrum Access System (SAS) that has been approved for commercial deployment by the Commission.  Before providing commercial service, each ESC operator must file a notification with the Commission to affirm that the approved sensors covering a specific area are constructed and operational and must list the approved SASs with which the ESC is communicating.

FCC NPRM on $20.4 Billion Universal Service Proposal

In a Notice of Proposed Rulemaking adopted last week, the FCC proposed to establish a Rural Digital Opportunity Fund that would make up to $20.4 billion for rural broadband deployment through two multi-round, descending clock auctions, relying on procedures similar to the 2018 CAF II auction.  The Phase I auction would allocate support to census blocks not having broadband speeds at or above 25/3 Mbps with a budget of at least $16 billion over ten years.  Many of these census blocks were included in the FCC’s 2015 state-wide offers to the price cap ILECs having a performance obligation of 10/1 Mbps. The Phase II auction would make available the remaining support to unserved locations in partially unserved census blocks and in areas not won in Phase I.  In a companion Notice of Proposed Rulemaking, the FCC responded to criticisms of inadequate broadband reporting and mapping, proposing substantial revisions to the Form 477 reporting process to better identify areas and locations lacking broadband services below, at, or above the 25/3 Mbps fixed broadband benchmark.  

FCC Seeks Comment on MDU Broadband Rulemaking

The FCC is seeking comments on its recently adopted Notice of Proposed Rulemaking (NPRM) that is focused on the provision of broadband service to multitenant commercial properties and MDUs (apartment complexes) including exclusive marketing and wiring arrangements, revenue sharing agreements, and state and local regulations.  The item also addresses distributed antenna systems and rooftop leases in MDUs (Vol. XVI, Issue 25).  Comments and Reply Comments are due on August 30 and September 30, 2019, respectively. 

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C. Douglas Jarrett, Keller Heckman, telecommunications lawyer, procurement law
Partner

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. 

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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 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. 

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

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Tracy Marshall, Keller Heckman, regulatory attorney, for-profit company lawyer
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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...

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Wesley K. Wright, Keller Heckman, Telecommunications Lawyer, FCC Enforcement Attorney, DC
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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,...

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