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Telecom Business Alert -- Vol. IX Issue 10

Date: Mar 05, 2012

Telecom Practice Group Survey

Keller and Heckman's Telecom Practice Group would appreciate hearing from you to ensure the topics covered in our Telecom Business Alert address issues of interest to our readers. Please take a moment to complete this short survey here and happy reading!

LightSquared Gets More Time to Rebut NTIA Interference Report

Last week, the Commission granted LightSquared's request for extension of time to file comments in response to a Public Notice issued by the FCC on February 15th seeking comment on a letter filed by the National Telecommunications and Information Administration. The NTIA letter reported on the potential interference from LightSquared's proposed operations in the L-band. The Public Notice indicated the Commission's intent to vacate LightSquared's conditional authority permitting the company to test its wireless broadband network in the L-band. The Commission also sought comment on whether it should suspend indefinitely LightSquared's Ancillary Terrestrial Component authority. The new deadline for filing comments in response to this Public Notice is March 16, 2012, and reply comments are due March 30, 2012. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) with questions.

Congress Urges Approval of 700 MHz Waiver Requests

Earlier this year, the Congressional Delegation from Oklahoma sent a letter to FCC Chairman Genachowski urging the Commission to act on a pending waiver request filed by the State of Oklahoma to build out a public safety network in the public safety portion of the 700 MHz band. In a responsive letter, Jamie Barnett, Chief of the FCC's Public Safety and Homeland Security Bureau, said the agency shares the State's strong interest in an interoperable public safety broadband network and is considering all aspects of the waiver request. The State's waiver request was filed on August 19, 2010, and remains pending along with several other similar requests. Please contact Doug Jarrett (jarrett@khlaw.com; 202.434.4180) with questions.

Corporate Counsel Corner: FCC Enforcement Update

Last week, the Commission issued a Notice of Apparent Liability ("NAL") in the amount of $4,500 to a structure owner for failing to notify the Commission of a change in ownership information for the antenna structure. Under the Commission's rules governing the transfer or assignment of FCC licenses, parties need not secure the FCC's prior consent to transfer ownership of an antenna structure. However, the Commission's rules require parties to notify the FCC immediately of any change in structure height or change in ownership information. Please contact Wes Wright (wright@khlaw.com; 202.434.4296) with questions.

"This NAL serves as the most recent reminder that the FCC's Enforcement Bureau will aggressively punish rule violations."

-Wes Wright

Attorney, Keller and Heckman LLP

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