Telecom Business Alert -- Vol. VIII Issue 18

Date: May 02, 2011

FCC Grants Waiver for TETRA Operations in the United States

Last week, the FCC released a Notice of Proposed Rulemaking and Order that waived the bandwidth and emissions requirements of Part 90 to permit the certification and use of Terrestrial Trunked Radio ( "TETRA") mobile radio equipment in the 450-470 MHz and 817-824/862-869 MHz bands, pending the outcome of a rulemaking proceeding seeking comment on applicable technical standards. Though widely used throughout the world, TETRA equipment had been prohibited across-the-board in the United States due to a conflict with the Commission's technical rules. The recent waiver opens the door for further development of TETRA. The NPRM & Order can be found here. Comments are due 45 days after publication in the Federal Register.

California Order Seeks To Harmonize Tower Ladder Standards With OSHA Requirements

A proposed order from the State of California's Department of Industrial Regulations would make life easier for telecommunications tower owners in California. Currently, a large number of towers with fixed ladders are compliant with federal OSHA regulations but not with California Title 8 rules, which mandate different standards for ladder rung spacing, width, and diameter. The proposed order would adopt the OSHA standards for California towers, saving tower owners from retrofitting or modifying existing ladders. The full text of the notice is available here. A Public Hearing on the proposed regulations will be held in Oakland, California on June 16, 2011.

Apple Responds to iPhone Privacy Concerns; Sony Breach Exposes Data of 70 Million Users

In response to concerns over Apple's iPhone data collection and storage practices, Apple has announced changes to limit the amount of location-based data collected, encrypt the data, and allow users to delete data. The Senate Judiciary Subcommittee on Privacy, Technology and the Law will hold a hearing entitled "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy" on May 10th, and Senator Al Franken has invited Apple and Google to testify. Meanwhile, Sony recently announced that it experienced an unauthorized network intrusion which compromised PlayStation® Network and Qriocity account information (including names, addresses, email address, birth dates, passwords, and logins) for more than 70 million consumers. The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing on May 4th on "The Threat of Data Theft to American Consumers." For more information on data privacy issues, please contact K&H partner Tracy Marshall (202.434.4234; marshall@khlaw.com).

K&H Video Minute: Wes Wright and Tim Doughty on FCC Tower Enforcement Actions

In this week's Video Minute, K&H attorney Wes Wright and telecom licensing specialist Tim Doughty continue their previous discussion on the interaction between FAA rules and FCC enforcement for tower owners. Wes and Tim discuss tower lighting and monitoring rules, the Notice to Airmen process, and consequences for noncompliance. For this week's Video Minute, click here.

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