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Telecom Alert—Collocation Amendment; Equipment Fine; T-Band Repeal; Vermont Pole Attachments; FCC Seeks Input on CVAA Accessibility; KH Webinar on Dark Fiber—Vol. XVII, Issue 30

Date: Jul 27, 2020

FCC Amends Wireless Collocation Agreement

In a Public Notice last week, the FCC announced it worked with Tribal and Historic Preservation groups to amend Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (“Collocation Agreement”).   The amendment makes the Collocation Agreement consistent with the Nationwide Programmatic Agreement by excluding from environmental review of the National Historic Preservation Act (NHPA) a tower replacement that involves deploying and excavating within a 30-foot radius of the boundaries of an existing tower site.  The amended agreement will be effective upon publication in the Federal Register.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239). 

$2.8 Million Fine for Equipment Authorization Violations

Last week, the FCC’s Enforcement Bureau issued a Forfeiture Order that fined the retailer Hobby King more than $2.8 million for violating the FCC’s equipment certification rules.  The FCC requires most radio frequency (RF) devices to be authorized through an FCC-sanctioned certification process before the devices can be marketed or sold to consumers in the U.S.  The Commission found that Hobby King marketed 65 models of noncompliant RF accessories and also failed to respond to several inquiries and Orders issued by the Commission’s Enforcement Bureau throughout the investigation, which was initiated in 2018.  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

T-Band Repeal Bill Introduced

Last week, Senators Ted Cruz (R-TX) and John Cornyn (R-TX) introduced legislation to repeal the statutory mandate that requires the FCC to auction public safety T-Band channels next year and to relocate public safety incumbents out of the T-Band by 2023.  Similar legislation has been previously introduced to ensure public safety and Business Industrial users can continue to rely on T-Band systems (470-512 MHz) in major metropolitan areas (Vol. XVI, Issue 44).  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Wes Wright (wright@khlaw.com; 202.434.4239).

Vermont Pole Attachment Rule

The Vermont Public Utilities Commission approved a rule proposed earlier this year that requires pole-owning entities to have a single pole-attachment rate.  The rule establishes a single pole-attachment presumption of 1.25 feet for all entities attaching equipment to utility poles in Vermont, no matter the function of those attachments or the type of entity attaching.  The new rule requires pole owners in the state to file new pole-attachment tariffs that comply with this single-rate rule.  For more information, please contact Tom Magee (magee@khlaw.com; 202.434.4128).

FCC Seeks Input on CVAA Accessibility

Last week, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on its tentative findings on the accessibility and usability of telecommunications and advanced communications services and equipment under the 21st Century Communications and Video Accessibility Act (CVAA).  The CVAA requires that providers take reasonable steps to ensure that certain advanced communications services and video programming be accessible to individuals with disabilities.  Comments in response to this Public Notice must be filed by August 4, 2020.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

KH Webinar on Dark Fiber

Join Keller and Heckman partners Doug Jarrett and Tom Magee on August 4, 2020 at 2:00 PM EDT as they host a complimentary webinar, "Dark Fiber: Monetizing a Valuable Asset in a Broadband World."

This presentation is intended for fiber optic network operators currently offering, or considering offering, dark fiber connectivity to service providers, communities, institutions, and large enterprises.  Click here to register.

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Keller and Heckman LLP's Telecom Business Alert is a complimentary weekly electronic update created by the Telecommunications Practice Group of Keller and Heckman LLP.  All articles, videos, and quotations are on topics of general interest and do not constitute legal advice for particularized facts.  Keller and Heckman LLP's Telecom Business Alert © 2020.  All rights reserved.  Articles may be copied with attribution.  To sign up for our weekly alert, please send us an email at telecomalert@khlaw.com and provide us with your name and email.  Please follow us on twitter at @KHtelecom.