Telecom Business Alert -- Vol. IX Issue 24

Date: Jun 11, 2012

PCIA Asks FCC to Delay Effective Date of Interim ASR Rules

Last month, the Personal Communications Industry Association ("PCIA") asked the FCC to delay the date on which the Commission's Interim Antenna Structure Registration ("ASR") Program Rules will take effect. (Vol. IX, Issue 12). As it stands now, the interim rules will become effective upon publication in the Federal Register and require tower owners to provide local notice and a 30-day comment period before constructing most towers. At a meeting with officials from the FCC's Wireless Bureau and Office of General Counsel, PCIA argued that the Commission's recent Public Notice and tutorial raised questions about implementation and compliance. "Additional time will allow for thorough compliance through internal technical updates, communication with third-party industry professionals and continued coordination with the FCC," PCIA officials told the Commission. 

USF Contribution Reform Proceeding; Comment and Reply Dates Set

Last week, the FCC's Further Notice of Proposed Rulemaking proposing far reaching reforms to the Universal Service Fund Contribution Methodology was published in the Federal Register. The Commission seeks comment on whether additional services providers should be obligated contribute to USF, principally providers of high speed Internet access services. The Commission also asks about approaches for expanding the scope of services subject to USF contribution obligations, and either refining the end-user revenue basis for assessing USF contributions or replacing this approach with either a "connections-based" or (telephone) numbers-based approach. It is highly unlikely the FCC will restrict the ability of service providers to recover their USF contributions from their customers. Comments must be filed by July 9 and Reply Comments are due August 6. Feel free to contact Doug Jarrett (202.434.4180; jarrett@khlaw.com) with any questions.

LightSquared Still Hopes to Deploy Nationwide 4G Wireless Broadband Network

Earlier this month, LightSquared met with Commissioner McDowell's Chief of Staff and stressed the company's continuing desire and intention to deploy a nationwide 4G wireless broadband network. At the meeting, LightSquared reiterated its views that the Commission has a number of legal and policy responses it can take to address the inability of "a limited number of GPS receivers to operate properly in spectrum that has not been allocated for GPS use, including working with the company and NTIA to develop spectrum solutions to enable LightSquared to deploy its network." Please contact Greg Kunkle (202.434.4178; kunkle@khlaw.com) with questions.

Commissioner Clyburn Renominated to Full Five-Year Term

Last week, President Obama nominated FCC Commissioner Mignon Clyburn to serve her first full five-year term. Ms. Clyburn's was nominated to serve as Commissioner in May 2009. (Vol VI, Issue 17). Her current term is scheduled to expire on June 30. Please contact Wes Wright (202.434.4296; wright@khlaw.com) with questions.

FCC Announces Two Spectrum-Sharing Agreements with Mexico

On June 8, the Commission announced that it had reached agreements with Mexico for spectrum sharing in the 800 MHz and 1.9 GHz bands along the US-Mexican border. The signing of these documents marks the beginning of the final phase for the 800 MHz rebanding across the country. The Agreements allots band segments between the two countries, specifies technical parameters for operation on these bands within 110 kilometers of the border and creates a Task Force to support the transition of incumbent operators along the border to the new plan. Please contact Doug Jarrett (202.434.4180; jarrett@khlaw.com) with questions.

Keller and Heckman at Industry Events

On June 11, Keller and Heckman Partner Tom Magee will speak on "Joint Use Effects of the FCC's Pole Attachment Order" at the International Right of Way Association's 58th Annual International Education Conference in Seattle, Washington. More information about the conference is available here. Please contact Mr. Magee (202.434.4128; magee@khlaw.com) with questions.

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