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Telecom Alert - FCC to Consider Rules Implementing Kari's Law and RAY BAUM's Act; Commission Open Meeting; New iPhones Operate on FirstNet Spectrum; Regulatory Fee Extension for Hurricane Florence - Vol. XV, Issue 39

FCC to Consider Rules Implementing Kari’s Law and RAY BAUM’S Act

The first item on the agenda for the FCC’s Open Commission Meeting on September 26 is a Notice of Proposed Rulemaking (NPRM) that would impact emergency calling in a number of ways, as required by both Kari’s Law and RAY BAUM’S Act.  Kari’s Law was enacted by Congress earlier this year and requires multi-line telephone systems (MLTS) to enable users to dial 911 directly without having to dial a prefix to reach an outside line (SeeVol. XV, Issue 7).  RAY BAUM’S Act requires the FCC to conduct a rulemaking proceeding to consider rules that would ensure a “dispatchable location” is conveyed to public safety answering points (PSAP) regardless of the technological platform used.  The NPRM proposes rules to implement Kari’s Law, initiates a rulemaking proceeding on dispatchable location as required under RAY BAUM’S Act, and would consolidate the FCC’s 911 rules into a single part. 

September Commission Open Meeting

At the Open Meeting later this week, the Commission is expected to adopt an already controversial  Declaratory Ruling and Report and Order that will set out a series of FCC interpretive rulings under Sections 253 and 332(c)(7) of the Communications Act looking to facilitate the deployment of 5G wireless infrastructure.  The agenda also includes a Report and Order that would establish new rules for the assignment of toll free numbers, including an auction to secure the rights to use the 17,000 mutually-exclusive applications for “833” toll free numbers. Finally, the Commission will hear a presentation on the results of the recent Connect America Phase II auction (Auction 903) (Vol. XV, Issue 36). 

New Apple iPhones Support Operation on FirstNet Spectrum

AT&T announced that the new Apple iPhone XS and iPhone XS Max have built-in support for Band 14, which is the spectrum set aside for public safety and makes up the all-band solution upon which FirstNet is built.  The devices are now available for pre-order on the FirstNet web portal.  Urgent Communications reported that previous Apple devices had been certified for use by FirstNet subscribers, but none of the previous Apple products have achieved the “FirstNet Ready” designation, which is reserved for devices that can operate on Band 14 spectrum. The iPhone XS and iPhone XS Max today became the first Apple products designated as FirstNet Ready devices.

Regulatory Fees Extended for Those Affected by Hurricane Florence

Earlier this month the Commission announced that the filing fee deadline for FY 2018 Regulatory Fees is September 25, 2018.  Licensees of certain facilities, such as Satellite Earth Stations, are required to make annual regulatory fee payments.  For many licensed facilities, such as microwave and land mobile systems, the regulatory fees are paid when the application is filed with the FCC.  Last week, the Commission’s Office of Managing Director announced that the regulatory filing fee window for regulatees affected by Hurricane Florence has been extended to September 27, 2018.

© 2019 Keller and Heckman LLP


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,...