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Telecom Business Alert -- Vol. IX Issue 39

Date: Sep 24, 2012

FCC Amends Part 90 Rules to Permit TETRA Technology

Last week, the FCC released a Report and Order modifying Part 90 of the Commission's rules to permit the certification and use of Terrestrial Trunked Radio (TETRA) equipment in two bands: the 450-470 MHz band and the Business/Industrial Land Transportation 800 MHz band channels (809-824/854-869 MHz). The Commission did not approve TETRA for operations on the 800 MHz public safety NPSPAC channels because of concerns that the equipment was not interoperable with Phase I P25 technology already implemented by many Public Safety licensees. The Commission also elected not to allow TETRA to operate on 700 MHz public safety spectrum. The rule amendments become effective 30 days after a summary of the Report and Order is published in the Federal Register. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) for more information.

Democrats Urge White House to Issue Cybersecurity Order

In light of Congress' failure to enact cybersecurity legislation this summer, Senate Commerce Committee Chairman Jay Rockefeller and other Senate Democrats have been urging President Obama to issue a cybersecurity Executive Order securing the nation's critical infrastructure from cyber attacks. Last week Sen. Rockefeller directed a letter to the CEOs of the Fortune 500 companies requesting a significant level of detail regarding their respective corporate cybersecurity practices. The letter posed a series of questions, including whether the company has established best practices to address its own cybersecurity needs, how it developed those practices, and when and by whom those practices were developed. The letter requested a response by October 19, 2012. Please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234) for more information.

Verizon Supports Cell Booster Rules

Last week, Verizon submitted an ex parte filing to the FCC supporting rules permitting boosters that are designed and certified to meet one of the two technical safe harbor standards proposed in an ex parte filing submitted in June. Verizon also urged the Commission to require boosters to operate under the carriers' licenses, be registered with the carrier, operate on a secondary, non-interfering basis and be shut down at the request of the FCC or carrier if harmful interference results from the booster's operation. For more information, contact Wes Wright (wright@khlaw.com; 202.434.4296).

LightSquared Remains Committed to 4G Wireless Network

Earlier this month, LightSquared met with an aide to FCC Commissioner Mignon Clyburn to express its "willingness to consider a comprehensive solution that would allow it to deploy a nationwide 4G wireless broadband network while addressing concerns raised by the GPS industry." The filing did not indicate if LightSquared would consider deploying this network in the L-band or alternative spectrum. Last year, LightSquared received conditional authority from the FCC to test a wireless broadband network in the L-band. Earlier this year, the Commission revoked the conditional authority because of concerns that the company's network would cause interference to GPS systems operating in nearby frequencies. LightSquared filed for bankruptcy protection in May. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) with questions.

Keller and Heckman at Industry Events

Keller and Heckman attorney Wes Wright will be speaking at the UTC Region 3 Meeting in Memphis, Tennessee on October 3. Mr. Wright will be speaking about Recent Developments in Spectrum Issues for Utilities. For additional information, contact Mr. Wright (wright@khlaw.com; 202.434.4296).

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