Telecom Business Alert -- Vol. VII Issue 9

Date: Mar 08, 2010

FCC Endorses Bulk Billing and Exclusive Marketing Agreements

On March 2, 2010, the FCC released a Second Report and Order in which it declined to prohibit the use of bulk billing arrangements and exclusive marketing arrangements for video services provided to Multiple Dwelling Units ("MDUs") (rental communities and condominiums). The Commission determined that bulk billing arrangements encourage operational efficiencies and restricting bulk billing arrangements would result in higher multi-channel video entertainment service charges for the vast majority of MDU residents. Similarly, the Commission declined to restrict exclusive marketing arrangements between cable operators and MDU owners. The Commission's action should be viewed as encouraging MDU owners and operators to pursue bulk billing arrangements for high speed Internet access services. K&H represented Camden Property Trust, one of the Nation's largest residential REITs, successfully advocating in support of bulk billing and exclusive marketing agreements.

"Concerned Utilities" Continue to Maintain Visibility of Pole Attachment Issues at FCC

Last week, Tom Magee met with Priya Aiyar, Legal Advisor to FCC Chairman Julius Genachowski for Wireline Competition and International Issues, to discuss the letter to Chairman Genachowski filed by Keller and Heckman LLP on behalf of its client the "Coalition of Concerned Utilities" (Allegheny Power, Baltimore Gas & Electric, Dayton Power & Light, FirstEnergy, Kansas City Power & Light, National Grid, NSTAR and PPL Electric Utilities), highlighting the many serious operational, safety and rate concerns raised by make-ready and other proposals by communications attachers. For additional information about this filing, please contact Tom (magee@khlaw.com, 202-434-4128).

Petition for Rulemaking Filed Proposing Rules for New Tower Warning System

On March 4, 2010, Keller and Heckman LLP, on behalf of its client OCAS, Inc., filed a Petition for Rulemaking with the FCC requesting the Commission to initiate a rulemaking proceeding to establish a new Subpart T, Audio Visual Warning Systems ("AVWS"), under Part 87 of its Rules. The proposed rules will permit owners and operators of antenna towers and other structures to secure authority to operate advanced AVWS stations such as the Obstacle Collision Avoidance System ("OCAS System") as an alternative to the "always-on" antenna structure lighting systems typically deployed at these facilities. The OCAS System is designed and engineered to be deployed on or near air navigation obstacles such as electrical transmission lines, telecommunications towers and wind turbines. Proactive AVWS stations like the OCAS System potentially are a substantial enhancement to air navigation safety when compared to passive aviation obstruction warning systems prevalent throughout the United States. Please contact Doug Jarrett (202.434.4180; jarrett@khlaw.com) for additional information.

FTC Uncovers Improper Release Of Sensitive Data On P2P File-Sharing Networks

The Federal Trade Commission (FTC) recently announced that it notified about 100 entities that personal information of their customers and employees was made available on peer-to-peer (P2P) file sharing networks to any users of the networks. The information could then be used to commit identity theft or fraud. As a result, the FTC has commenced investigations of other entities whose customer or employee information has been exposed on P2P networks. To assist businesses, the FTC has published guidance on P2P file sharing, which is available at http://ftc.gov/bcp/edu/pubs/business/idtheft/bus46.shtm. For additional information, please contact Tracy Marshall marshall@khlaw.com, 202-434-4234). Keller and Heckman LLP at IWCE Doug Jarrett will be participating in the IWCE Conference at the Las Vegas Convention Center (Booth # 2098) March 10-12. On Thursday, March 11, 2:45-4:00 PM, Doug Jarrett will moderate an IWCE panel discussion "700 MHz on the Street" that will focus on Public Safety broadband deployments in the 700 MHz band. If you plan to attend, please stop by and visit.

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