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Telecom Business Alert -- Vol. VII Issue 45

Date: Nov 15, 2010

Unprecedented Electric Utility Presentation in FCC's Pole Attachment Proceeding

On Tuesday, November 16, some 50 or so representatives of more than two dozen electric utilities will descend on the FCC to make a unified ex parte presentation entitled "Pole Attachment Realities: Electric Utility Safety and Reliability," expressing concerns with the Commission's proposals in the Commission's ongoing Pole Attachment rulemaking proceeding (WC Docket No. 07-245). Keller and Heckman llp partner, Tom Magee, will be moderating the presentation. For further information, please contact Tom (202.434.4128; magee@khlaw.com) or Jack Richards (202.434.4210; richards@khlaw.com).

FCC Begins Environmental Assessment of Antenna Structure Registration Program

Last week, the FCC announced that it is conducting a Programmatic Environmental Assessment of its Antenna Structure Registration program to evaluate potential environmental impacts. The Assessment stems from a recent decision by the Court of Appeals for the District of Columbia Circuit finding that registered towers may have a significant environmental effect on migratory birds. The first step in the FCC's Assessment is a series of meetings, beginning December 6, 2010, at which the Commission will seek input regarding the scope of the Assessment process. If you have questions or would like further information, please contact Greg Kunkle (202.434.4178; kunkle@khlaw.com).

FCC Denies Motorola Request for Waiver of 450-470 MHz Band Separations

On November 9, 2010, the FCC released an Order denying Motorola's request for a blanket waiver of the five MHz separation between paired base and mobile frequencies authorized to low power systems in the 450-470 MHz band. Motorola requested the waiver earlier this year, claiming that reduced separation was necessary to avoid intermodulation interference when multiple repeater cells are used within close proximity. In denying the request, the FCC found that the waiver would complicate coordination in the UHF band and would not completely eliminate the potential for interference.

FCC USF Reform Proceeding Commences

The FCC has announced comment dates regarding its proposal to create a new Mobility Fund to fund coverage of current-generation or better mobile wireless service in areas where advanced services are unavailable. The Commission proposes to create the Mobility Fund by drawing $100 million to $300 million from the Universal Service Fund ("USF"). The plan would identify areas un-served by 3G service and implement a reverse auction to determine support levels to be granted to service providers. Comments must be filed on or before December 16, 2010; and reply comments must be filed on or before January 18, 2011. For further information, contact Greg Kunkle (202.434.4178; kunkle@khlaw.com).

Matt DeTura Joins Keller and Heckman LLP's Telecommunications Practice Group

Keller and Heckman LLP is pleased to announce that Matt DeTura has joined the firm as an Associate in the Telecommunications Practice group. Matt is graduate of Duke University and Georgetown Law. He has worked at CTIA – The Wireless Association and interned with the FCC's Wireless Telecommunications Bureau. Fans of the television quiz show Jeopardy!, may recognize Matt as a recent three day champion. Please welcome Matt to the firm (202.434.4224; detura@khlaw.com).

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Keller and Heckman LLP's Telecom Business Alert is a complimentary weekly electronic update created by the Telecommunications and the Business Counseling and Transactional practice groups of Keller and Heckman LLP.

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