October 3, 2022

Volume XII, Number 276


October 03, 2022

Subscribe to Latest Legal News and Analysis

Telecom Alert: Proposed NG911 Funding Plan; Pole Attachment Rulemaking; Georgia PSC Bill; Cybersecurity Advisory; ECF Funding [Vol. XIX, Issue 9]

Rosenworcel Proposes NG911 Funding Plan

Last week, Chairwoman Jessica Rosenworcel gave a speech in which she proposed funding a portion of the transition to Next Generation 911 (“NG911”) services through proceeds from future spectrum auctions.  Chairwoman Rosenworcel suggested that the FCC should consider utilizing these funds in a similar manner to how the Commission funded FirstNet, which was established from revenue raised in the 700 MHz band auction in 2012.  Congress must extend the FCC’s authority to auction spectrum by September 30, 2022.  

Pole Attachment Rulemaking

The FCC announced last week it intends to open a rulemaking proceeding to address costs associated with pole replacements in the 28 states where the FCC has jurisdiction over attachments to investor-owned utility and telephone company poles.  The rulemaking will also address refund liability to utility pole owners, as requested by the Edison Electric Institute.  

Georgia Bill Proposes PSC Regulate Broadband, VoIP

The Georgia Senate introduced the Broadband Resiliency, Public Safety, and Quality Act (SB 542) last week, which would provide the state’s Public Service Commission (“PSC”) the authority to regulate broadband and Voice over Internet Protocol (“VoIP”) services in the state.  The bill would direct the PSC to adopt rules to ensure the resiliency and reliability of broadband infrastructure, promote public safety and network adequacy, and require providers to report data on the deployment, availability, and pricing of such services.  

U.S. Cybersecurity Advisory

Last week, the Cybersecurity & Infrastructure Security Agency and Federal Bureau of Investigation issued a joint Cybersecurity Advisory (“CSA”) warning of destructive malware being deployed against organizations in Ukraine that could potentially be deployed against organizations in other countries.  The CSA provides guidance on issues for organizations to address as part of their network architecture, security baseline, continuous monitoring, and incident response practices.  In addition to assessing and enhancing their cyber posture, organizations must remain mindful of their legal obligations when collecting and storing personally identifiable information pertaining to individuals and notification obligations in the event of  a security incident that compromises personal information.  Keller and Heckman has prepared a summary of U.S. data breach notification laws, the latest version of which is available here).  

Over $86 Million in Emergency Connectivity Fund Committed

Last week, the FCC announced it is committing over $86 million in the latest round of the Emergency Connectivity Fund (Vol. XIX, Issue 7).  This round of commitments will support over 240,000 students and provide funding for over 350 schools, 29 libraries, and 8 consortia.  The Wireline Competition Bureau adopted an Order on February 22 extending the date by which beneficiaries must use the funding by one year to June 30, 2023. 

Gregory E. KunkleCasey LideThomas B. MageeTracy P. MarshallKathleen Slattery ThompsonSean A. Stokes and  Wesley K. Wright contributed to this article.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 60

About this Author


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...

Jim Baller Communications Attorney Keller & Heckman Washington, DC

James (Jim) Baller represents clients across the U.S. in a broad range of communications matters including high-capacity broadband network projects, public-private broadband partnerships, telecommunications, wireless facility siting, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Jim was the founder and president of the U.S. Broadband Coalition, a diverse group of more than 160 communications service providers, high technology companies, labor unions, public interest and consumer groups, state and local government entities,...

Law Graduate

Jason Chun is a Law Graduate with our Telecommunications practice (not yet licensed to practice law as he awaits admittance under the D.C. Bar's Emergency Examination Waiver).

Timothy A. Doughty, Keller Heckman, Telecommunications Licensing Specialist, Lawyer, FCC Matters Attorney

Timothy Doughty joined Keller and Heckman in 2009 as a Federal Communications Commission (FCC) Licensing Specialist.

Mr. Doughty assists clients with the preparation of FCC applications, modifications, special temporary authorities, requests for rule waiver, renewals and spectrum leases in various radio services including Private Land Mobile, Microwave, Coast and Ground and Aircraft. His capabilities also include the preparation of tower registrations with the FCC and Obstruction Evaluations and Aeronautical Studies with the Federal Aviation...

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...