Telecom Business Alert 2003

Date: Dec 31, 2003

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. It focuses on regulatory developments at the Federal Communications Commission and commercial issues impacting the telecommunications industry.

To sign up for our weekly alert, please send us an email at Telecom_Alert@khlaw.com and provide us with your name and email.


Issue #1, January 7, 2003 (PDF)
Provision of Spectrum-Based Services to Rural Areas
Status of Competition in Cable and Broadband Industries
Expanded Development of E911 Emergency Calling Systems

Issue #2, January 13, 2003 (PDF)
Unlicensed Devices May Be Permitted to Operate in Additional Frequency Bands
Enforcement Bureau Steps Up Its Activities
FCC To Conduct Open Forum Meeting
Keller and Heckman LLP Audits Save Money

Issue #3, January 20, 2003 (PDF)
FCC Poised to Explore Delivery of Broadband Over Powerlines
FCC Commissioners Go Before Senate Commerce, Science, and Transportation Committee
Senior Level FCC Staff Look To The Future During Open Commission Meeting
Service Rules Proposed for Intelligent Transportation Systems in the 5.9 GHz Band

Issue #4, January 27, 2003 (PDF)
New FCC Form 477 For Local Competition and Broadband Reporting
Consensus Plan for Interference in 800 MHz Band
FCC Launches New Electronic Comment Filing System
FCC Issues $8,000 Monetary Forfeiture Against Antenna Structure Owner

Issue #5, February 3, 2003 (PDF)
FCC Reallocates Spectrum for New Wireless Services
FCC Grants Shared Usage of MSS Frequency Band
Federal Trade Commission Issues Final Amended Telemarketing Sales Rule
FCC Paging Auction
Telecommunications Lease Removal Requirements

Issue #6, February 10, 2003 (PDF)
Agreement Reached Concerning U.S. Position on 5 GHz Wireless Access Devices
FCC Preemption of Homeowner Association Rules
More Monetary Forfeitures Against Tower Owners
Compliance Audits Reveal Deficiencies
Pricing For Wide Area Voice and Data Telecommunications Services on the Rise

Issue #7, February 17, 2003 (PDF)
FCC Authorizes Unlicensed Operations of Ultra-Wideband Devices
Major Local Competition Decision Expected
Petition for Declaratory Ruling On Telephone Number Portability to Wireless Carriers
House Approves Telemarketing "Do-Not-Call" List
Keller and Heckman LLP at ENTELEC '03 - Austin, Texas

Issue #8, February 24, 2003 (PDF)
Major Local Competition Decision Against Regional Bell Operating Companies
FCC Auction No. 46: 1670?1675 MHz Band

Issue #9, March 3, 2003 (PDF)
Spectrum Efficient Technologies on Certain Part 90 Frequencies
FCC Discusses State Powers to Regulate Local Competition
Post 9/11 Administrative Costs
Entering Into Binding Obligations Prematurely

Issue #10, March 10, 2003 (PDF)
Power Line Carrier Developments
E911 Deployment
FCC Auction No. 49: Lower 700 MHz Band
Planning for Certainty During Uncertain Times

Issue #11, March 17, 2003 (PDF)
FCC Authorizes Low Power Operations in the 450-470 MHz Band
Interference Immunity Performance Specifications
Wireless Broadband Access in the 2500-2690 MHz Bands
Court Defines Scope of Electric Utility Easements
Keller and Heckman LLP at ENTELEC '03

Issue #12, March 24, 2003 (PDF)
FCC Regulatory Review Targets Rule Changes
FCC and NTIA Look to Maintain Leadership on Spectrum Policy
FCC Authorizes Verizon's Provision of Long Distance Service
Former Keller and Heckman LLP Attorney Joins FCC Commissioner Adelstein's Staff
CCA-Treated Wood Utility Poles

Issue #13, March 31, 2003 (PDF)
FCC Seeks Comment on Advanced Wireless Services in the 2500-2690 MHz Band
Supreme Court Lets Stand Decision Requiring Competitively Neutral Rights-of-Way Regulation
Federal Agencies Urged to Raise Monetary Penalties
Incorporating Terrorism Protection in Telecommunications Transactions

Issue #14, April 7, 2003 (PDF)
New FCC Advisory Committee Meeting
Ka-Band Satellite Application
Keller and Heckman Represents SMR Provider Against Nextel
Contracts Tracking Alleviates Unintended Consequences
Private Wireless Regulatory Developments

Issue #15, April 14, 2003 (PDF)
News Corporation Set to Acquire DIRECTV
Keller and Heckman LLP Blocks $20,000 Monetary Forfeiture
AOL Time Warner Petition for Relief From Restrictions on Instant Messaging
Alternative Sources of Capital
Keller and Heckman LLP at Industry Events

Issue #16, April 21, 2003 (PDF)
WorldCom Files Chapter 11 Reorganization Plan
FCC Inquiry on Power Line Technology
FCC Technological Advisory Council Discusses Broadband Access Technology
FCC Wireless E911 Coordination Initiative to Hold First Meeting
Keller and Heckman LLP Attorney Co-Authors Article on Employee Buyouts

Issue #17, April 28, 2003 (PDF)
FCC Initiates Inquiry on Broadband Over Power Line Technology
FCC Establishes Licensing and Service Rules for 4.9 GHz Band
New FCC Satellite Licensing System
Relying On Own Counsel During Employee Buyout Improves Long Term Survival
Keller and Heckman LLP at Industry Events

Issue #18, May 5, 2003 (PDF)
FCC Seeks Comments on Broadband Over Power Line Systems
FCC Action Plan For Tower Construction, Environmental Protection, and Historic Preservation
FCC Workshop on Cognitive Radio Technologies
Preserving the Security of Collateral in Business Transactions

Issue #19, May 12, 2003 (PDF)
Commission Meeting Scheduled For May 15th
FCC Seeks Comments on Radio Receiver Performance Specifications
Expensing Of Stock Options May Now Be The Norm
New Technologies and the FCC

Issue #20, May 19, 2003 (PDF)
Additional Spectrum Proposed for Unlicensed Devices
FCC Adopts Spectrum Leasing Rules
Inquiry on Regulation of Long Distance Service
FCC Proposes $200,000 Monetary Forfeiture for Noncompliance with Environmental Rules
Telecom Transactions on the Rise

Issue #21, May 27, 2003 (PDF)
FCC Expected to Reach Decision on Broadcast Ownership Restrictions
FCC Begins Review of News Corp Acquisition of Hughes Electronics
White Paper on Unlicensed Spectrum Focuses on Policy Reform
Audit of Operational Status of 220-222 MHz Band Licenses
Evaluating RF Radiation Compliance

Issue #22, June 2, 2003 (PDF)
New Legislation Would Give FCC Authority to Charge Fees for Unauctioned Spectrum
Deadlines Set for Comments on Broadband Over Power Line Systems
Deadlines Set for Comments on Regulation of Long Distance Services
SEC Files Proposed Settlement in Civil Action Against WorldCom
Maker of BlackBerry E-mail Device Ordered to Pay Damages for Patent Infringement

Issue #23, June 9, 2003 (PDF)
FCC Adopts New Broadcast Ownership Rules
FCC Considers Making Additional Spectrum Available for Unlicensed Devices
Bush Administration Launches Spectrum Policy Initiative

Issue #24, June 16, 2003 (PDF)
Court Upholds FCC's Wireless Local Number Portability Mandate
FCC Reviews Tower Construction Guidelines
New Anti-Spam Legislation
The Sarbanes-Oxley Act and Private Companies

Issue #25, June 23, 2003 (PDF)
FCC Report to Congress on DTV Transition, Allocation of 3G Spectrum and 700 MHz Auctions
New Legislation Before Congress

Issue #26, June 30, 2003 (PDF)
FCC Proposes Changes to Rules Governing Human Exposure to Radiofrequency Energy
FCC Report on Competition in Commercial Mobile Radio Services Industry
FCC Establishes National Do-Not-Call Registry
Occupational Safety and Health Administration Addresses Tower Safety
Verizon Wireless Ends Opposition to FCC s Wireless Number Portability Rules

Issue #27, July 7, 2003 (PDF)
Local Competition and Broadband Reporting Form Filing Deadline
Phase II E911 Interim Report Filing Deadline
FCC Continues Audit of Operational Status of 220-222 MHz Band Licenses
FCC Issues More Monetary Forfeitures Against Tower Owners
Avoiding the "FCC License Lien" Fallacy

Issue #28, July 14, 2003 (PDF)
FCC Seeks to Revise Spectrum Allocations to Accommodate Advanced Wireless Services
New Satellite Licensing Rules
New Licensing and Service Rules for 4.9 GHz Band Take Effect July 30th
FCC and U.S. Department of Agriculture Establish Rural Wireless Outreach Initiative

Issue #29, July 21, 2003 (PDF)
Effective Date Set for Migration of Private Land Mobile Radio Systems to 12.5 kHz Technology
FCC Amends Regulations Governing Unlicensed Radio Frequency Devices
FCC Continues to Consider 800 MHz Band Proposals
New SEC Rules Affecting Employee Compensation Plans

Issue #30, July 28, 2003 (PDF)
New FCC Homeland Security Initiatives
Senate Committee Approves E-911 Legislation
FCC Commences Quarterly Audit of Antenna Structures

Issue #31, August 4, 2003 (PDF)
FCC's New Do-Not-Call and Do-Not-Fax Rules Impact Business Communications
Open Commission Meeting to Address Rural Issues
Regulatory Fee Payments Due September 24th

Issue #32, August 11, 2003 (PDF)
FCC Launches Several Rural Initiatives and Reports on Rural Broadband Deployment
FCC Announces Rural Wireless Internet Service Provider (WISP) Workshop
What the FCC's New "Do Not Fax" Rule Means For Your Business
Homeland Security Initiatives Announced for Selected Urban Areas Across the Country
Upcoming Telecom Conference

Issue #33 August 18, 2003 (PDF)
FCC Clarifies Rule For Shared Usage of Mobile Satellite Services Frequency Band
SBC Confronts MCI with Additional Access Charge Avoidance Allegations
Contracts, Courtship and Marriage

Issue #34 August 25, 2003 (PDF)
FCC Releases Triennial Review Decision; Appeals, State Proceedings and Confusion To Follow
FCC Stays Effective Date of New Unsolicited Fax Rules
FCC Begins Inquiry on Impact of Communications Towers on Migratory Birds
Keller and Heckman LLP at Industry Events

Issue #35 September 2, 2003 (PDF)
FCC Imposes New Requirements on Wireless Renewal Applications
Electronic Filing Required for Experimental Licenses
FCC Outreach to Native American Tribes
Keller and Heckman LLP at Industry Events

Issue #36 September 8, 2003 (PDF)
Court of Appeals Stays Effectiveness of FCC's New Media Ownership Rules
Open Commission Meeting Scheduled for September 10th
FCC Advances Regional Bell Operating Company Proposals
Due Dates Set For Comments on Federal Government Third Generation Relocation

Issue #37 September 15, 2003 (PDF)
FCC Proposals to Promote Wireless Services in Rural Areas
FCC Proposes Changes to Technical Regulations For Unlicensed Devices
Comment Dates Set For Inquiry on Impact of Communications Towers on Migratory Birds
Keller and Heckman LLP Obtains Reduced Monetary Forfeiture on Behalf of Client

Issue #38 September 22, 2003 (PDF)
New Do Not Call Rules Take Effect
Senate Votes to Repeal FCC's New Media Ownership Rules
Due Dates Set for Comments on Changes to Rules for Complying With RF Energy Guidelines
Michigan to Conduct Study on Impact of Communications Towers on Migratory Birds
Keller and Heckman LLP Files Retransmission Consent Complaint

Issue #39 September 29, 2003 (PDF)
National "Do-Not-Call" Registry in Limbo
FCC Commissioner Endorses Hands Off Approach to Broadband Over Power Line Regulation
FCC Bureau Chief and Staff Meet with Tribal Leaders, Tour Tribal Lands & Attend Conference

Issue #40 October 6, 2003 (PDF)
FCC Nears Decision in 800 MHz Proceeding
Voice Over IP Regulation
Rural Wireless ISP Showcase and Workshop
900 MHz Auction
Keller and Heckman Secures ETC Status for Wireless Carrier

Issue #41 October 13, 2003 (PDF)
FCC Provides Guidance on Wireless LNP
FCC Releases Secondary Markets Order
Promoting Spectrum-Based Services in Rural Areas
Appeals Court Rejects FCC's Classification of Cable Broadband Services

Issue #42 October 20, 2003 (PDF)
FCC Makes Spectrum Available for Broadband and Advanced Wireless Services
Voice Over IP Provider Wins in Federal Court
FCC Extends Freeze on Applications For High Power Operations in 460-470 MHz Band
Ninth Circuit Cable Modem Decision Impacts FCC Proceeding
Keller and Heckman LLP at Industry Events

Issue #43 October 27, 2003 (PDF)
FCC Proposes Fines for Violations of Radiofrequency Radiation Limits
Supreme Court Considers Municipal Entry Into Telecom Markets
Wireless E911 Coordination Initiative
Senate Unanimously Passes Spam Legislation

Issue #44 November 3, 2003 (PDF)
FCC Proposes $120,500 Fine For Antenna Structure Violations
FCC and National Imagery and Mapping Agency Agree to Share Tower Location Databases
What Can Voice Over IP Do For Your Business?
Keller and Heckman LLP at Industry Events

Issue #45 November 10, 2003 (PDF)
FCC Poised To Initiate Voice Over IP Proceeding
FCC Steps Up Enforcement of Do-Not-Call Rules
FCC Will Hold Open Meeting on November 13th

Issue #46 November 17, 2003 (PDF)
FCC Agenda Meeting
Spectrum Policy Task Force Report
Other FCC Actions
Avoiding Pitfalls in Forward-Looking Statements

Issue #47 November 24, 2003 (PDF)
FCC Modifies Relocation Rules For 2 GHz Mobile-Satellite Service Licensees
FCC Seeks Comment on MariTEL Proposal to Serve as Exclusive AIS Frequency Coordinator
Deadlines Set For Comments in Rural Spectrum Proceeding
Preserving Litigation Rights in Intellectual Property Agreements

Issue #48 December 8, 2003 (PDF)
FCC Files Petition for Rehearing of Cable Modem Decision
FCC Voice Over IP Initiatives
FCC Stays Narrowband Migration Deadline
Wireless Bureau Reorganization

Issue #49 December 15, 2003 (PDF)
2 GHz Spectrum Allocation For Mobile-Satellite Service
New Spam Legislation
Open FCC Agenda Meeting
FCC Redesigns Universal Licensing System

Issue #50 December 22, 2003 (PDF)
FCC Initiates Cognitive Radio Systems Proceeding
New Rules For Intelligent Transportation Systems
FCC Rural Satellite Forum