Telecom Business Alert -- Vol VI Issue 49

Date: Dec 14, 2009

FCC Releases Narrowbanding Public Notice
On December 11, 2009, the FCC released a Public Notice reminding licensees, frequency coordinators, and equipment manufacturers of the upcoming narrowband migration deadlines for the 150-174 MHz and 421-512 MHz bands. The Public Notice reiterates the FCC's narrowband requirements, including that on January 1, 2011, the FCC will no longer accept applications for new wideband 25 kHz operations (i.e., operating with only one voice path per 25 kHz of spectrum), and modifications of existing wideband 25 kHz stations that expand the authorized interference contour. By January 1, 2013, Industrial/Business and Public Safety Radio Pool licensees must operate on 12.5 kHz or narrower channels, or employ a technology that achieves the narrowband equivalent of one channel per 12.5 kHz of channel bandwidth (voice) or 4800 bits per second per 6.25 kHz (data). The Public Notice states that licensees in the 150-174 MHz and 421-512 MHz bands that do not meet the January 1, 2013 narrowbanding requirements may be subject to enforcement action, including admonishments, monetary forfeitures and/or license cancellation. The Public Notice is available online by clicking here.

Concerned Utilities File Make-Ready Cost Data, NH Regulations

On behalf of the Coalition of Concerned Utilities (Allegheny Power, Baltimore Gas & Electric, Dayton Power & Light, FirstEnergy, Kansas City Power & Light, National Grid, NSTAR and PPL), K&H last week filed PPL make-ready data with the FCC supporting electric utility arguments that CLECs pay far more for make-ready than ILECs, so that granting ILECs the same low pole attachment rate would be anticompetitive. The data also support raising the Cable-only rate to the Telecom rate level (Link). Also last week, the Coalition filed the New Hampshire PUC's new pole attachment regulations which contain favorable make-ready, boxing and extension arm provisions (Link). FCC Renews Millimeter Wave Band Database Managers Last week, the FCC renewed Frequency Finder, Inc., Micronet Communications, Inc. and Comsearch as Database Managers in the 71-76 GHz, 81-86 GHz and 92-95 GHz "Millimeter" wave bands. Operations in the Millimeter wave bands are on a shared basis with the Federal Government. The Commission appointed third-party Database Managers to create and maintain a system for registration of individual point-to-point links for each license and assist parties in cases of interference. Each entity will serve for an additional five-year term. FCC Final Open Meeting of 2009 Scheduled for December 16 The FCC's last scheduled Open Meeting for 2009 will be held on December 16 and will focus on the policy framework for the National Broadband Plan. The FCC is required to submit its National Broadband Plan to Congress by February 17, 2010.

Keller and Heckman LLP Continues Twitter Service Receive regular updates on telecommunications law and policy developments throughout the week via Keller and Heckman LLP's Twitter account at http://twitter.com/KHTelecom.