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Telecom Business Alert-NTIA Head David Redl Resigns; Auction 103 Public Notice; Regulatory Fees NPRM; Tribal Workshop Vol. XVI, Issue 19

NTIA Head David Redl Resigns

Last Thursday, Department of Commerce Assistant Secretary David Redl, head of the National Telecommunications and Information Administration (NTIA), announced his resignation.  Mike Platt, Assistant Secretary for Legislative and Intergovernmental Affairs for NTIA, also resigned.  Both resignations came as a surprise to industry and NTIA staff.  Multiple news sources have reported that disagreements about freeing up government spectrum were the reason for Redl and Platt stepping down.  On Friday, government and industry leaders issued statements commending Redl and thanking him for his leadership at NTIA. 

Auction 103 Public Notice Published in Federal Register

The Auction 103 Public Notice, which sought comment on proposed competitive bidding procedures for the incentive auction of the Upper 37 GHz, 39 GHz, and 47 GHz bands (Vol. XVI, Issue 16), has been published in the Federal Register.  The Commission proposes to use an ascending clock auction design to offer licenses for spectrum held by the Commission and for spectrum relinquished by incumbent licensees.  Comments are due by May 15 and Reply Comments are due by May 30.  

Regulatory Fees NPRM Adopted

On May 8, the Commission adopted the Regulatory Fees NPRM, which proposes regulatory fees for Fiscal Year 2019.  The NPRM proposes to collect $339,000,000 in regulatory fees in FY 2019.  The NPRM also seeks comment on modifications to the Commission’s regulatory fee authority under the RAY BAUM’S Act of 2018 (Vol. XV, Issue 8).  The proposed annual regulatory fees for Part 90 Exclusive Use and Part 101 Microwave services are $25 per license, unchanged from last year.  These fees are assessed as ten-year lump sums upon license grant and renewal.  Comments and Reply Comments are due on June 7, 2019 and June 24, 2019, respectively.

Tribal Workshop

The Commission issued a Public Notice announcing a Tribal Workshop that will be held at the Chicksaw Nation.  The event aims to “help Tribal Nations identify and evaluate opportunities to develop more robust broadband, telecommunications, and broadcast infrastructure and services in Tribal communities… and to encourage Tribal participation in the regulatory process.”  The workshop will provide information on the Universal Service Fund and spectrum opportunities, among other topics.  The workshop will take place on June 12-13, 2019 at the Riverwind Casino in Norman, Oklahoma.  

© 2020 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,...