Telecom Business Alert 2008

Date: Dec 22, 2008

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.

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.

Current Issues
January 7, 2008 - December 22, 2008 - Volume V, Issue 51

Year In Review

House Commerce Committee Releases Report on FCC Processes and Practices
FCC Cancels Open Meeting; Lawmakers Urge FCC to Focus on DTV
Enforcement Bureau Issues $25,000 Forfeiture
Keller and Heckman IP, Telecom and Technology Sourcing Bulletin

FCC to Hold Open Commission Meeting on December 18, 2008
FCC Backup Power Rule Rejected By OMB 
Reply Comments Extended In USF/Intercarrier Compensation Reform Proceeding
Keller and Heckman Attorneys Publish Article Regarding New Spectrum Resources

Waxman Wins Chair of House Committee on Energy and Commerce
FCC Approves Ultra-Wideband Waiver Request
FCC Approves Clearwire/Sprint Merger
Simulated Cutoff of Analog Television Signals Planned in Five Markets

FCC Releases Order Governing Use of TV White Spaces
Coalition of Concerned Utilities Files Ex Parte Letter in Pole Attachment Proceeding
Upcoming 220 MHz and Part 22 VHF/UHF Paging Construction Deadlines
Keller and Heckman Attorney Presents at Offshore Communications Conference

FCC Announces Comment Dates in USF Reform Proceeding
FCC Releases Details of Verizon Wireless/Alltel Merger Consent
K&H Attorneys to Speak at Heartland Joint Use Conference
K&H Attorney Shares Thoughts on Net Neutrality with Dow Jones

"Best Guesses" Regarding Obama's Telecom Policies
FCC Adopts Rules For Use of TV White Spaces
FCC Releases 800 MHz Vacated Channel Search Engine

This is a Special Enforcement Edition of Keller and Heckman LLP's weekly, complimentary Telecom Business Alert. It focuses on the FCC's increased enforcement efforts, and how they may impact private microwave, land mobile and satellite earth station licensees.

This Special Enforcement Edition outlines the FCC's enforcement procedures and identifies common enforcement problems affecting private licensees. It is not intended as legal advice applicable to particular factual situations but provides general guidance to promote compliance with the Commission's rules.

FCC Keeps Site-Based Licensing For 900 MHz Band
AT&T/Verizon Pole Attachment Rate Proposal
FCC Consideration of Intercarrier Compensation/USF Reform
FCC NASCAR Entry Crashes

FCC Releases TV White Spaces Report
800 MHz Reconfiguration Along U.S.-Canada Border
Commission Streamlines Process for Earth Station Applicants
FCC to Hold Open Commission Meeting on November 4, 2008

FCC Releases Analysis of AWS-3 Interference Tests
FCC to Hold Open Commission Meeting
Keller and Heckman Offers On-Site FCC Licensing Tutorial
Keller and Heckman LLP at Pole Attachment Conferences

FCC Announces Comment Dates in 700 MHz Band Proceeding
Congress Passes Broadband Data Improvement Act
FCC Extends 800 MHz Rebanding Negotiation Periods
FCC to Host Public Safety Speakers Series

Third NPRM on Nationwide, Interoperable Public Safety Broadband Network
FCC Filing Fees Increase for some Wireless Radio Services
Next FCC Open Meeting
Meeting of Federal-State Joint Conference on Advanced Services

Connecticut Regulators Investigate the Feasibility of Pole-Top Wireless Antennas
FCC To Hold Open Commission Meeting
FCC Grants ARMIS Forbearance to AT&T, Verizon and Qwest
Regulatory Fee Payments Due By September 25, 2008

FCC Activates Disaster Information Reporting System in Response to Hurricane Ike
700 MHz D Block Item Circulated For Upcoming FCC Open Meeting
FCC Requests Comment on Strengthening Universal Service Fund
Digital Television Gets First Test in Wilmington, North Carolina

FCC Seeks Comments on Regulations as Part of Biennial Review
CAUTION: FCC Investigating Possible "Regulatory Fee Phishing" Matter
Cable Attachment Causes California Wildfire
Rural Broadband Workshop Scheduled for September 18
FCC to Implement "E-Section 106" System

Regulatory Fee Payments Due By September 25, 2008
FCC Continues Ramped Up Enforcement of Equipment Rules
FCC Extends Sprint Nextel 800 MHz Rebanding Deadline for 30 Days
Land Mobile Communications Council Addressing 6.25 kHz Frequency Coordination

Sprint/Clearwire Transaction Remains Under Consideration at FCC
FCC Settles Spectrum Leasing Investigation for $80,000
FCC Proposes to Prohibit Low Power Auxiliary Stations in 700 MHz Band
Comment Dates Set in E-Rate Program Proceeding

FCC Amends Schedule of Regulatory Fees
Wireless Bureau Seeks Comment on CTIA Wireless Siting Petition
International Bureau Lifts Filing Freeze on 17/24 GHz BSS Applications
FCC Open Meeting This Friday

Arkansas Pole Attachment Proceeding
Dingell Urges FCC to Consider Licensing TV White Spaces Spectrum
FCC Seeks Quick Conclusion to 800 MHz Rebanding
Top Ten Cable/CLEC/ILEC "Myths" About Pole Attachments

FCC Orders Comcast to Stop Blocking Peer-to-Peer Internet Traffic
FCC Seeks Comment on Designation of Eligible Services Under E-Rate Program
California Court Rules Sprint Early Termination Fees Invalid
Low Power Television Auction Scheduled for November 5, 2008

FCC Approves XM-Sirius Merger
Comment Deadlines Set in Embedded Advertising Proceeding
House Committee Holds Hearing on Forbearance Rules
FCC Denies Qwest Forbearance Requests

Coalition of Concerned Utilities Files Ex Parte Letter in Pole Attachment Proceeding
Court Rejects Verizon's Request to Stay Retention Marketing Order
FCC Announces Tentative Agenda for August 1, 2008 Open Meeting
Commissioner Adelstein Offers Conditions, Not Approval of Proposed XM-Sirius Merger

FCC Auction of AWS-1 and Broadband PCS Licenses
FCC Announces Plans for New Round of Testing TV "White Spaces" Devices
FCC To Hold Pandemic Preparedness Summit
FCC Adopts Order and Further Rulemaking Regarding Commercial Mobile Alert System

Proposed Service Rules for AWS Spectrum in the 1.9 and 2.1 GHz Bands
FCC Extends Comment Deadlines in 2.5 GHz BRS Proceeding
FCC Extends 800 MHz Rebanding Negotiation Periods
Pole Attachment Ex Parte Meetings

FCC Grants 64 700 MHz Applications
Sixth Circuit Upholds FCC Video Franchise Order
FCC Issues Notice of Inquiry on Embedded Advertising
FCC Announces Public En Banc Hearing in Pittsburgh

FCC Adopts Series of Orders Extending 800 MHz Rebanding
Maximum Penalty Amounts Increasing for FCC Violations
FCC Protects Do-Not-Call List Registrations Indefinitely

Volume V- Issue 23 June 9, 2008(PDF)
Coalition of Concerned Utilities Meets with Commission Staff to Discuss Pole Attachments
FCC to Hold Open Commission Meeting
Chairman Martin's Free Broadband Plan Delayed
Verizon Purchases Alltel for $28.1 Billion

Volume V- Issue 22 June 2, 2008(PDF)
FCC Seeks Comment on UTC Petition for Use of 14.0-14.5 GHz Band
Supreme Court Rejects T-Mobile Appeal Regarding Contract Class Action Prohibition
FCC Chairman Interested in Supporting Broadband Deployment Through USF Program
FCC Proposes $864,500 in Forfeitures for Do-Not-Fax Violations

Volume V- Issue 21 May 27, 2008(PDF)
Auction 78 to Begin August 13, 2008
Comment Dates Set for 700 MHz Proceeding
Next FCC Open Meeting
FTC Issues CAN-SPAM Final Rule

Volume V- Issue 20 May 19, 2008(PDF)
FCC Clarifies Land Mobile 6.25 kHz Narrowbanding Plans
FCC Seeks Comment on Reauction of 700 MHz band D Block
Sprint Nextel Loses Appeal of 800 MHz Rebanding Deadline
Bush Administration Issues Guidance on Timing of New Regulations

Volume V- Issue 19 May 12, 2008(PDF)
2.5 GHz Order Published in Federal Register
FCC to Hold Open Commission Meeting
DTV Transition to Begin in Wilmington, North Carolina
Keller and Heckman LLP at Industry Events

Volume V- Issue 18 May 5, 2008(PDF)
FCC Adopts Interim Cap on High-Cost Universal Service Support
Federal Trade Commission to Hold Meeting Addressing the Mobile Marketplace
Keller and Heckman LLP at UTC Telecom 2008

Volume V- Issue 17 April 28, 2008(PDF)
Reply Comments in Pole Attachment Rulemaking Filed
FCC Releases Agenda for Summit on Emergency Alert System
FCC Office of Inspector General Clears Frontline Wireless and Cyren Call
Keller and Heckman LLP Presents at Conference on Telecommunications Law

Volume V- Issue 16 April 21, 2008(PDF)
Congress Questions FCC Regarding 700 MHz Band Auction
FCC Proposes $924,212 Penalty for Universal Service Fund Violations
FCC Extends Construction Deadline for LMDS Licensees
Keller and Heckman LLP Presents at ENTELEC

Volume V- Issue 15 April 14, 2008(PDF)
FCC Announces Auction of AWS-1 and Broadband PCS Licenses
Enforcement Bureau Enters Into Consent Decrees For V-Chip Rule Violations
FCC Enforces DTV Rules
Keller and Heckman LLP at Industry Events

Volume V- Issue 14 April 7, 2008(PDF)
Microsoft White Space Device Fails FCC Tests
FCC to Hold Open Commission Meeting
Spectrum Available
Keller and Heckman LLP at Industry Events

Volume V- Issue 13 April 1, 2008(PDF)
DTV Consumer Education Rules
Negotiation Period for Stage 1, Wave 4 800 MHz Band Licensees Extended Again
FCC Amends Satellite Television Carriage Requirements
Justice Department Clears XM/Sirius Satellite Radio Merger

Volume V- Issue 12 March 24, 2008(PDF)
API Successful in 2.5 GHz BRS Proceeding
Winning Bidders Announced for 700 MHz Auction
FCC Prohibits Exclusive Contracts for Residential Multiple Tenant Environments
Keller and Heckman LLP at Industry Events

Volume V- Issue 11 March 17, 2008(PDF)
FCC Establishes DTV Consumer Education Initiative
3.65 GHz Band Proving to be Popular
House Committee Requests FCC Records
FCC to Hold Open Commission Meeting

Volume V- Issue 10 March 10, 2008(PDF)
Coalition Files Pole Attachment Comments
Requests for Waiver of 800 MHz Rebanding Completion Deadline Due March 17, 2008
Keller and Heckman Featured Presenters At IWCE
Keller and Heckman to Host Nanotechnology Seminar

Volume V- Issue 9 March 3, 2008(PDF)
FCC Approves Transfer of Control of DIRECTV to Liberty Media
FCC Revises Hearing Aid Compatibility Rules
Comment Dates Set for Commercial Leased Access NPRM
Office of Strategic Planning and Policy Analysis Releases Spectrum Management Papers

Volume V- Issue 8 February 25, 2008(PDF)
FCC's 700 MHz Band Auction Nearing its Close
New Hampshire Joins States Certifying they Regulate Pole Attachments
Court Orders FCC to Evaluate the Effects of Gulf Coast Towers on Migratory Birds
FCC Held Hearing to Discuss Broadband Network Management Practices of Comcast

Volume V- Issue 7 February 19, 2008(PDF)
700 MHz Auction Winding Down
Less than One Year Until Transition to Digital Television
Keller and Heckman to Attend International Wireless Communications Expo

Volume V- Issue 6 February 11, 2008(PDF)
FCC Releases CMRS Competition Report and Telephone Subscribership Report
FCC Releases Leased Commercial Access Order
FCC Seeks Participants for Spectrum Sharing Innovation Test-Bed

Volume V- Issue 5 February 4, 2008(PDF)
700 MHz Auction Bids Total More Than $18.6 Billion
FCC Releases Guidance for CPNI Annual Certification
FCC and USDA Launch Web Site for Rural Broadband Opportunities
FCC Changes Bank for Application Filings

Volume V- Issue 4 January 29, 2008(PDF)
700 MHz Band Auction Underway
FCC's MDU Exclusive Video Service Rules Challenged in Court
FCC Adopts Universal Service Fund "Traffic Study" Requirements
Keller and Heckman at International Wireless Communications Expo

Volume V- Issue 3 January 23, 2008(PDF)
FCC Announces Qualified Bidders for Upcoming 700 MHz Auction
FCC Releases Guidance for Waiver of 800 MHz Rebanding Deadlines
Analog Cellular Service Phase Out to Begin February 18, 2008
FCC Announces Plans for Second Round of Testing TV "White Spaces" Devices

Volume V- Issue 2 January 14, 2008(PDF)
House Committee Initiates FCC Investigation
FCC Steps Up Enforcement Action
800 MHz Licensees Ordered to Retune SMR Stations or Surrender Licenses

Volume V- Issue 1 January 7, 2008(PDF)
Comment Dates Set in MDU Exclusive Video Service Contracts Rulemaking Proceeding
Negotiation Period for Wave 4 800 MHz Band Licensees Extended
FCC Releases Local Telephone Competition Data
FCC Releases Universal Service Monitoring Report