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Telecom Business Alert -- Vol. IX Issue 27

Date: Jul 02, 2012

States Urged to Start Planning 700 MHz Network Deployment

Last week, the National Governors Association (NGA) hosted a forum and released a white paper and list of steps states should take to prepare for the construction of the 700 MHz Public Safety Broadband network. The NGA recommends that each state communicate with the private sector to establish roles in constructing and operating the network. Many of these decisions will be contingent on FirstNet, a newly-created entity within NTIA tasked with overseeing the construction and operation of the network in each state. FirstNet is required to provide each state with a deployment plan and funding proposal. Based on the plan and proposed funding, the governors have 90 days to decide whether to participate in the deployment of the nationwide network or to opt-out and deploy their own portion of the network. If a state opts out, it has 180 days to develop and complete a request for proposal for the construction, maintenance and operation of the network. The state's plan must be approved by the FCC or else the state is required to abide by the plan developed by FirstNet. Please contact Wes Wright (wright@khlaw.com; 202.434.4296) with questions.

Proposed Signal Booster Standards Submitted to FCC

Last month, T-Mobile, Verizon Wireless, Wilson Electronics and others submitted to the FCC proposed rules for cell power boosters and two separate consumer booster protection standards. The proposed standards are revisions to standards previously submitted to the Commission and consist of technical specifications designed to ensure that signal boosters manufactured for use by consumers do not cause interference to service providers' networks. The companies are "comfortable that consumer boosters that meet these standards … will not cause harmful interference to either the serving carrier or adjacent carrier networks." The proposed rules are intended as a template for resolving at least some of the issues raised in the ongoing rulemaking proceeding on signal boosters. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202-434-4178).

CII Petitioners File Second Request for Expedited Action

Last week, Keller and Heckman filed on behalf of several clients a Second Request for Expedited Action ("Second Request") with the FCC. The Second Request is related to an FCC hearing proceeding initiated In April 2011 to revoke the licenses of Maritime Communications/Land Mobile LLC and deny Maritime's applications to assign portions of its FCC licenses to 12 different critical infrastructure companies (7 electric utilities, 4 oil and gas companies, and 1 railroad). In the Hearing Designation Order setting the matter for hearing, the FCC allowed the railroad to show why its application should be excluded from the hearing and granted. The electric utilities and oil and gas companies were not provided the same opportunity and filed a Petition for Reconsideration in May 2011 asking that their companies be afforded the same right as the railroad. In July 2011, the CII Petitioners filed a "Request for Expedited Action," since the Commission had not ruled on the request. The Second Request was filed last week because the Commission still has not acted on the Petition

Privacy and Data Security Developments

Last week, Keller and Heckman published an article on recent privacy and data security developments affecting U.S. retailers. The emergence of new technologies and new media for collecting, using, and sharing personal information collected from consumers, and new thinking about privacy best practices, affects a range of businesses. Retailers in particular have been a target for privacy litigation recently. This summary highlights just a few of the recent developments in this area of special interest to retailers. Please contact Sheila Millar (millar@khlaw.com; 202-434-4143), Tracy Marshall (marshall@khlaw.com; 202-434-4234); or Douglas Behr (behr@khlaw.com; 202-434-4213).with questions.

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In an attempt to address in our weekly Telecom Business Alert the issues of most importance to the clients and friends of Keller and Heckman LLP, we invite you to submit suggestions on topics of interest to you. To make suggestions, please send an e-mail to TelecomAlert@khlaw.com.

Keller and Heckman LLP's Telecom Business Alert is a complimentary weekly electronic update created by the Telecommunications and the Business Counseling and Transactional practice groups of Keller and Heckman LLP.

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