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Telecom Alert — 3.5 GHz Band Auction Update; 70/80/90 GHz Band Proposal; FCC Clarifies Wireless Infrastructure Rules; Telecom Co-ops Qualify for PPP Loans Use — Vol. XVII, Issue 24

Date: Jun 15, 2020

Over 300 Parties Apply for 3.5 GHz Band Auction

The FCC’s Office of Economics and Analytics released a Public Notice last Tuesday announcing the status of 348 short-form applications it received for the 3.5 GHz band auction (Auction 105) (Vol. XVII, Issue 18).  Of the applications submitted, 106 were deemed complete and 242 were deemed incomplete.  Parties that submitted incomplete applications must correct any deficiencies and resubmit with the required upfront payment by 6:00 p.m. on June 19.  The Public Notice also announced that the mock auction will now begin on July 17.  For more information please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

70/80/90 GHz Band Proposal for Expanded Use

At its June 9 Open Meeting, the FCC adopted a Notice of Proposed Rulemaking and Order that seeks comment on proposals to explore new and innovative commercial uses of the 70, 80, and 90 GHz bands (Vol. XVII, Issue 23).  The NPRM proposes updating the link registration process and modifying its antenna rules to allow for smaller antennas in the bands.  It also seeks comment on authorizing point-to-point links to endpoints in motion in these bands to provide broadband internet access aboard aircraft and ships.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).     

FCC Adopts Clarification of Wireless Infrastructure Rules

The FCC released a Declaratory Ruling and Notice of Proposed Rulemaking last week that clarifies and seeks comment on its rules governing state and local government review of modifications to existing wireless infrastructure (Vol. XVII, Issue 21).  The Declaratory Ruling clarifies when the 60-day shot clock for review begins as well as the definition of “substantial change.”  In the Notice of Proposed Rulemaking, the Commission seeks comment on its proposal to clarify the definition of “site” and amend its rules to provide eligibility for streamlined processing of certain modifications that require ground excavation.  For more information, please review our three-part blog post or contact Tom Magee (magee@khlaw.com 202.434.4128), Al Catalano (catalano@khlaw.com; 202.434.4207), or Mike Fitch (fitch@khlaw.com; 202.434.4264). 

Telecom Co-ops Qualify for PPP Loans

The U.S. Small Business Administration (SBA) issued an Interim Final Rule on Eligibility of Certain Telephone Cooperatives last week that declares certain telephone cooperatives eligible for the Paycheck Protection Program (PPP).  The ruling clarifies that telephone cooperatives organized under § 501(c)(12) of the Internal Revenue Code are eligible PPP borrowers, as long as they meet certain other requirements.  These requirements include satisfying the employee-based size standard established in the CARES Act, SBA’s employee-based size standard corresponding to its primary industry, if higher, or both tests in SBA’s “alternative size standard.”  For more information, please contact Kathleen Slattery Thompson (slattery@khlaw.com; 202.434.4244).

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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.