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Telecom Alert - Trump Declares National Emergency on Foreign Communications Tech; 800 MHz EB/GB MOU Signed; Satellite Earth Station Certification Deadline; FCC Open Meeting Agenda Announced - Vol. XVI, Issue 20

Trump Declares National Emergency on Foreign Communications Tech

Last week President Trump signed an Executive Order that declared a national emergency with respect to information and communications technology or services that are developed, manufactured, or supplied by foreign adversaries.  The Order permits the Secretary of Commerce to ban technologies or services that are deemed to be a national security threat.  The Order was signed less than a week after the FCC denied China Mobile USA’s application to provide telecommunications services between the United States and foreign destinations.  After China Mobile’s application had been pending with the Commission for nearly 7 years, NTIA filed a recommendation last year on behalf of the Executive Branch agencies to deny the application.  The Commission’s denial stated that due to several factors related to China Mobile’s ownership and control by the Chinese government, grant of the application would raise substantial and serious national security and law enforcement risks.

800 MHz EB/GB MOU Signed

The frequency Advisory Committees (FACs) eligible to coordinate license applications for 800 MHz Expansion Band and Guard Band (EB/GB) frequencies have signed a Memorandum of Agreement governing the frequency coordination process for EB/GB spectrum (Vol. XVI, Issue 18).  The coordinators have already begun the process of sharing application data among themselves for the applications received over the last several months.  EB/GB spectrum in 21 NPSPAC regions will be available for licensing on July 18. 

Satellite Earth Station Certification Deadline

The Commission’s Public Notice announcing certification deadline for C-Band fixed-satellite service (FSS) earth station licensees was published in the Federal Register today.  Operators of FSS earth stations in the 3.7-4.2 GHz band that are licensed or registered in the International Bureau Filing System (IBFS) must certify the accuracy of all information reflected on their license or registration by May 28, 2019.  The certification must include the relevant Call Signs, file numbers, applicant or registrant name, as well as a certification statement that the information on the license is complete and correct.  Certain Earth station operators that filed for new or modified licenses or registrations between April 19, 2019 and October 31, 2018 are exempt from the certification requirement.  

FCC Open Meeting Agenda Announced

Last week the Commission announced a tentative agenda for its next Open Meeting scheduled for June 6, 2019.  Among other items, the Commission will consider a Declaratory Ruling and Third Further Notice of Proposed Rulemaking clarifying that voice service providers may block illegal and unwanted robocalls and solicitation calls before they reach consumers’ phones.  In addition, the Commission will consider a Notice of Proposed Rulemaking that would clarify rules governing the eligibility of and frequency use by aeronautical advisory (UNICOM) stations and would authorize aeronautical operational control communications in the lower 136 MHz band to accommodate the FAA’s Next Generation Aviation System. 

© 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
Partner

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
Partner

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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