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Telecom Business Alert -- Vol. IX Issue 16

Date: Apr 16, 2012

700 MHz Public Safety Broadband Waivers

In May 2010, the FCC granted 21 waiver requests filed by public safety agencies seeking to deploy statewide or local public safety broadband networks on the 700 MHz public safety broadband spectrum (763-768 MHz and 793-798 MHz) ("Public Safety Spectrum"). Vol. VII Issue 19. Earlier this month, the FCC released a Public Notice seeking comment on whether to halt further work on some or all of public safety network authorized by the waivers granted in 2010. The recently enacted Middle Class Tax Relief and Job Creation Act of 2012 (the "Act") directs the reallocation the 700 MHz D Block (758-763 MHz and 788-793 MHz) and Public Safety Spectrum to FirstNet, an independent authority to be formed within NTIA to oversee the construction and operation of a nationwide Public Safety broadband network. Vol. IX Issue 8. Please contact Doug Jarrett (jarrett@khlaw.com; 202.434.4180) with questions.

Microwave Licenses Canceled, Frequencies Available

Last week, the FCC released an Order on Reconsideration denying Metropolitan Area Network's Petition for Reconsideration and canceling the company's more than 2,400 Part 101 microwave licenses. The company intended to use these microwave licenses to provide backhaul service to TV white-spaces devices that are designed to operate in the unused portion of the TV broadcast band. The company said it did not construct its network within the 18-month buildout period because the Commission failed to finalize its rules for TV white spaces devices. Metropolitan Area Networks filed a request for an extension of time to construct its backhaul network but the Commission denied this request because the company did not submit the requisite filing fees. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) with questions.

OSHA Amends HazCom Standard to Conform to UN GHS Classification

On March 27, Keller and Heckman attorneys Larry Halprin and Eric Gotting presented a webinar on a March 26 amendment to OSHA's Hazard Communication Standard ("HCS"). The amendment was designed to incorporate most of the workplace safety elements of the United Nation's Globally Harmonized System of Classification and Labeling of Chemicals ("GHS") into the HCS. The GHS amendment makes substantial changes to requirements governing how chemical importers, manufacturers, distributors and users obtain and transmit hazard information to their employees, contractors, and downstream customers. Specifically, the amendment focuses on chemical hazard classification, container labeling, safety data sheets, and employee training. It is important that every employer using chemicals in the workplace understand and comply with the new requirements to minimize workplace injuries/illnesses, chemical-related losses and inefficiencies, government enforcement actions and civil liability. While the compliance deadlines are phased in over time, the reality is that employees will be seeing new and unfamiliar symbols and other chemical hazard information on product labels and safety data sheets almost immediately. Please contact Mr. Halprin (at halprin@khlaw.com or 202-4234-4177) or Mr. Gotting (gotting@khlaw.com; 202.434.4269) with questions or to request a complimentary copy of the webinar.

Keller and Heckman at ENTELEC 2012 Conference and Expo

Keller and Heckman LLP attorneys Doug Jarrett, Greg Kunkle, Tracy Marshall and Wes Wright will be attending the ENTELEC 2012 Conference and Expo in Houston, TX, May 15-17. Keller and Heckman is sponsoring a Continental Breakfast at 8 AM on Thursday, May 17, immediately followed by the annual Washington Report by Mr. Jarrett, Mr. Kunkle and Ms. Marshall, moderated by Keller and Heckman. As part of the Washington Report, Keller and Heckman's attorneys will discuss, in "Q&A" format, the latest telecom legislation and FCC activities. 

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