Telecom Alert – Court Upholds One-Touch Make-Ready; FirstNet Update; GWTCA 800 MHz Letter; Infrastructure Executive Order; CSMAC Meeting; APCO and NG-911 Legislation- Vol. XIV, Issue 34

Date: Aug 21, 2017

Court Upholds One-Touch Make-Ready

A federal district court in Kentucky upheld the city of Louisville’s one-touch make-ready ordinance, allowing third parties like Google Fiber the right to perform pole attachment make-ready work on existing communications company attachments largely without prior consent.  The FCC had supported Louisville’s one-touch make-ready ordinance.  For additional information please contact Tom Magee (magee@khlaw.com; 202-434-4128) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

FirstNet Update

Last week, Nevada became the 14th state to express its intent to opt-in to the FirstNet-AT&T plan. The US Virgin Islands remains the only territory to have accepted the plan (Vol. XIV, Issue 32). Verizon executives announced at the APCO Annual Conference and Exhibition their plan to build a dedicated public-safety LTE core network and offer priority service and preemption to public safety customers.  Verizon is looking to establish a viable alternative to FirstNet’s nationwide public safety broadband network being built and maintained by AT&T. Verizon’s senior vice president, Mike Maiorana stated the company’s core public safety network will operate separately from their commercial core but will still have access to Verizon’s “extensive” 4G LTE nationwide network. It has also been reported in the trade press that Verizon will respond to Request for Proposals released by individual states looking for an alternative to the FirstNet/AT&T plan. For more information, please contact Al Catalano (catalano@khlaw.com; 202.434.4207).


GWTCA Requests Release of Rebanded 800 MHz Spectrum

In a Letter to the Acting Chief of the Policy and Licensing Division, the Government Wireless Technology & Communications Association (GWTCA) requested the FCC release unassigned NPSPAC 800 MHz frequencies where rebanding has occurred, noting the success of the FCC’s December 2016 release of 800 MHz frequencies.  GWTCA requested the FCC release unused 800 MHz spectrum in Arkansas, northern California, Florida, Mississippi. Ohio, Oklahoma, Texas-Dallas, Texas-Austin, Texas-San Antonio, and Washington State. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).


Infrastructure Executive Order

President Trump signed an Executive Order last week requiring federal agencies to collaborate with other federal, state, and local agencies regarding environmental reviews on major infrastructure projects, including broadband infrastructure. The executive order also instructs the Office of Management and Budget to create and define a Cross-Agency Priority (CAP) Goal on Infrastructure Permitting Modernization focused on reducing the time for the Federal Government's processing of environmental reviews and authorization decisions for new major infrastructure projects to 2 years. For major infrastructure projects, the executive order requires agencies to use “One Federal Decision,” in which one Federal agency acts as the lead and is responsible for shepherding the project through the review and authorization process at all agencies. For more information, please contact Kathleen Slattery (slattery@khlaw.com; 202.434.4244).


CSMAC Provides Updates at Meeting

Last week, the Commerce Spectrum Management Advisory Committee (CSMAC) held an open meeting  of representatives from the FCC, the National Telecommunications and Information Administration (NTIA), and the Institute for Telecommunication Sciences (ITS) to report on their respective spectrum-related initiatives. Paige Atkins of NTIA stated that all four CSMAC subcommittees have made significant advancements in the areas of AWS-3 transitions and the establishment of a 3.5 GHz frontier band. She noted that NTIA recently submitted its 10th report to Congress on the progress of federal agencies regarding transitions from AWS-3 and AWS-1 bands. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271).


APCO Counsel Hopeful of NG-911 Legislation

The Association of Public- Safety Communications Officials’ international chief lobbyist, Jeff Cohen, announced last week at the annual APCO Conference and Exhibition that he is hopeful that next generation 911(NG-911) legislation will press forward through Congress. He stated that he has never seen such bipartisan interest in both the House and Senate regarding this topic. While he didn’t have any insight into when the legislation may advance, he did note that the House Energy and Commerce Committee’s Subcommittee on Communications and Technology held a hearing in March to discuss NG-911 issues. For more information, please contact Wes Wright (wright@khlaw.com; 202.434. 4239).


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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 © 2015.  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.