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Telecom Alert - Small Cell Appeals Update; May Open Meeting; Congressional Letter on 5G and RF Health Impacts; 700 MHz Licensee Guidance - Vol. XVI, Issue 17

Small Cell Appeals Update

The U.S. Court of Appeals for the Ninth Circuit has denied the FCC’s motion to stay proceedings of the 12 different consolidated appeals of the Commission’s Small Cell Order (Vol. XVI, Issue 12).  The same panel of judges has also denied the FCC’s motion to continue a stay of the proceedings involving consolidated appeals of the Commission’s declaratory ruling in the One-Touch Make-Ready (OTMR) pole attachment proceeding. 

May Open Meeting

A tentative agenda has been posted for the FCC’s May Open meeting scheduled for May 9.  Among other items, the Commission will consider a Notice of Proposed Rulemaking (NPRM), which proposes to reallocate the 1675-1680 MHz band for shared use between federal operations and non-federal fixed or mobile operations (Vol. XVI, Issue 16), as well as a Public Notice seeking comment on proposed auction procedures for toll-free numbers in the 833 area code (Vol. XV, Issue 40). 

Congress Seeks Answers on 5G/RF Health Impacts

On April 15, Rep. Peter A. DeFazio (D-OR), House Transportation and Infrastructure Committee Chairman, wrote a letter to FCC Chairman Pai and acting FDA Commissioner Sharpless inquiring about the status of the government’s research into the potential health effects of radiofrequency (RF) radiation and its relation to the FCC’s guidelines for safe human RF exposure levels, given the Commission’s impending rollout of 5G technology.  Rep. DeFazio notes that, although the Commission sought comment on whether its RF safety guidelines should be reassessed in 2013, no further action has been taken and the guidelines have not been updated since their implementation in 1996.  The letter asks for specific health-related studies conducted and efforts taken by the agencies to educate the public about its RF/5G technology research. 

700 MHz Licensee Guidance

The FCC’s Public Safety and Homeland Security Bureau released a Public Notice on April 25 providing guidance to 700 MHz narrowband state licensees regarding their upcoming final service benchmark showing (Vol. XVI, Issue 7).  Such licensees must demonstrate by June 13 that they are providing or are prepared to provide “substantial service” to two-thirds of their population territory.  The Public Notice also recommends details licensees should include with their final benchmark filings and addresses return of unused state license channels.

© 2019 Keller and Heckman LLP

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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. 

Mr. Jarrett represents technology companies in securing amendments to the FCC rules to enable the...

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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. 

202-434-4178
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,...

202-434-4128
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...

202-434-4234
Wesley K. Wright, Keller Heckman, Telecommunications Lawyer, FCC Enforcement Attorney, DC
Partner

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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