Telecom Business Alert -- Vol VI Issue 43

Date: Nov 02, 2009

FCC to Hold Open Commission Meeting on November 18, 2009

The FCC is scheduled to hold its next Open Meeting on November 18, 2009. The tentative agenda, available here, includes a discussion of the status of the National Broadband Plan and a Memorandum Opinion and Order on promoting the deployment of wireless broadband services by reducing delays in the construction and improvement of wireless networks, while also preserving local zoning authority. The Commission action is expected to assist wireless network operators and infrastructure providers in securing more timely and favorable local zoning and tower construction approvals.

FCC to Release 800 MHz channels to Public Safety Licensees

Last week, the FCC issued a Public Notice announcing that on December 2, 2009 it will begin accepting applications for licensing of available channels in the 809.5-815/854.5-860 MHz band that have been, or will be, relinquished by Sprint Nextel Corporation in certain National Public Safety Planning Advisory Committee (NPSPAC) regions. As part of its 800 MHz rebanding initiative, the FCC provided that spectrum vacated by Enhanced SMR (such as Sprint) licensees in the 809-815/854-860 MHz band would be made available for licensing exclusively to public safety entities for three years after the opening of a filing window and, for two years thereafter, to public safety and Critical Infrastructure Industry entities years. The FCC's Public Notice is available online by clicking here.

FCC Seeks Comment on NPSTC Petition for Stay of Narrowbanding Deadlines

Earlier today, the FCC issued a Public Notice seeking Comment on a Petition by the National Public Safety Telecommunications Council's ("NPSTC") requesting that the FCC stay certain deadlines related to the Part 90 VHF/UHF narrowbanding requirements. Specifically, NPSTC requests a stay of three requirements that are due to go into effect on January 1, 2011: (1) licensees can no longer file applications for new or modified licenses that exceed 12.5 kHz or equivalent efficiency, (2) single-mode and multi-mode transmitters that operate at an efficiency mode exceeding 12.5 kHz can no longer be manufactured in or imported into the United States, and (3) manufacturer applications for Part 90 certifications must include a spectrum efficiency standard of one voice path per 6.25 kHz of channel bandwidth. The FCC requests comment on a number of issues, including whether a stay of the deadline for applications for new or modified 25 kHz operations should apply only to Public Safety licensees or to all land mobile licensees Comment are due by November 23, 2009 and Reply Comments are due December 3, 2009.

K&H Attorneys at Industry Events

Keller and Heckman LLP attorney Tom Magee is participating this week in the UTC Joint Use Workshop in Crystal City, Virginia. His presentation will emphasize the make-ready and pole attachment access constraints faced by electric utility pole owners and the importance of explaining those constraints to the FCC.