March 28, 2023

Volume XIII, Number 87


March 28, 2023

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March 27, 2023

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Telecom Alert: PSAP Notification R&O; EWA 800 MHz Band Petition for Rulemaking; ReConnect Funding; 900 MHz Applications Granted [Vol. XIX, Issue 44]

PSAP Notification Report and Order

The FCC will consider a Second Report and Order at its next Open Meeting on November 17 that would adopt rules to ensure Public Safety Answering Points (“PSAPs”) receive timely notifications of network outages.  If adopted, the Order would require Originating Service Providers (“OSPs”) and covered 911 service providers to obtain and maintain up-to-date contact information for 911 special facilities, harmonize the content and means by which such providers transmit outage notifications, and provide notice to the FCC when they cease operations.  It would also retain the current requirement that covered 911 service providers file reliability certifications on an annual basis. 

EWA 800 MHz Band Petition for Rulemaking

Last week, the Enterprise Wireless Association (“EWA”) filed a Petition for Rulemaking with the FCC asking the Commission to initiate a rulemaking proceeding to eliminate frequency assignments in the 800 MHz band to specific “pools” of eligible entities.  Currently, frequencies in the band are assigned to either the Public Safety Pool, Business/Industrial Land Transportation (B/ILT) Pool, the Specialized Mobile Radio (SMR) Category, or the General Category.  EWA recommends classifying all frequencies as General Category and making them available to all qualified applicants.  EWA also asked the Commission to eliminate the rule reserving Sprint-vacated spectrum for use by certain entities so those frequencies can be made available. 

$759 Million in ReConnect Funding

Last week, the U.S. Department of Agriculture (“USDA”) announced that it is making $759 million in round three funding under its ReConnect Program (Vol. XIX, Issue 32). The Program administers loans and grants to broadband service providers to construct, improve, or acquire facilities needed to provide broadband service to rural areas without connectivity.  This funding commitment will go to people living and working in 24 states, Puerto Rico, Guam, and Palau, and includes funding from the Bipartisan Infrastructure Law.  

Last week, the Wireless Telecommunications Bureau issued a Public Notice granting six 900 MHz broadband segment license applications (Vol. XIX, Issue 38).  The FCC realigned the 900 MHz band in May 2020 to make available six megahertz of low-band spectrum for the development of critical wireless broadband technologies and services, while reserving four megahertz of spectrum for continued narrowband operations.  The Commission granted six applications of PDV Spectrum Holding Co. LLC for markets in Kansas and Missouri.  

Casey Lide, Thomas Magee, Tracy Marshall, Kathleen Slattery Thompson, Sean Stokes, and Wesley Wright also contributed to this article.

© 2023 Keller and Heckman LLPNational Law Review, Volume XII, Number 304

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...