Telecom Business Alert -- Vol. X Issue 25

Date: Jun 17, 2013

Reply Comments Filed in T-Band Proceeding

Reply Comments to the FCC’s Public Notice requesting feedback on whether Industrial/Business (I/B) licensees in the 470-512 MHz band (T-Band) should be relocated out of the band along with Public Safety licensees were filed June 11. Keller and Heckman’s client the American Petroleum Institute (API), representing more than 500 oil and gas companies, urged the FCC not to relocate API’s I/B users from the band these systems are used for critical day-to-day operations in and around major metropolitan areas. The Utilities Telecom Council (UTC) also called for the Commission to lift the licensing freeze currently in effect for the T-Band, noting the heavy investments made by some of its members’ communications systems operating on these frequencies. In its reply comments, the Enterprise Wireless Alliance (EWA) released the results of its research indicating the costs associated with relocating the more than 700 I/B T-Band systems to contiguous spectrum would be approximately $450 million. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

Corporate Counsel Corner: Security Clearances Available for CII Employees

The Department of Homeland Security (DHS) recently revived its Private Sector Clearance Program to process security clearances for owners and operators of critical infrastructure entities. CII operators who wish to receive clearances must be nominated by the Protective Security Agent (PSA), the Sector Specific Agency (the Department of Energy for most Oil and Gas companies and Electric utilities, and TSA for pipeline companies), or the Sector Coordinating Council (SCC) and submit a security clearance request on DHS Form 9014. As CII staff secure clearances, these individuals will then be authorized to receive classified information regarding cyber threats involving their company.  These entities that have secured clearances will also be invited to attend a series of classified briefings discussing emerging cyber threat activities directed at CII entities. 

Texas Pole Attachment Legislation Enacted

Texas Governor Perry signed legislation Friday to help electric cooperative pole owners resolve disputes with cable company attachers by:  (i) streamlining CATV pole transfers; (ii) requiring the removal of abandoned CATV attachments; (ii) clarifying easement and right-of-way requirements; (iii) establishing contract negotiation and mediation periods; and (iv) allowing courts to review rates, terms and conditions based on the interests of co-op and CATV customers and considerations of safety and reliability. Keller and Heckman attorney Tom Magee worked closely with the Texas statewide co-op association to draft the legislation, which was enacted without amendments. For additional information, please contact Tom (magee@khlaw.com; 202-434-4128).

FCC Seeks Comment on Proposed Regulatory Fee Schedule for Fiscal Year 2013

A recent Notice of Proposed Rulemaking released by the FCC revised the agency’s Schedule of Regulatory Fees for Fiscal Year 2013 and was published in the Federal Register on June 5, 2013. The NPRM outlines the Commission’s proposal to collect nearly $350 million in regulatory fees for Fiscal Year 2013. Comments and reply comments must be submitted on or before June 19, 2013 and June 26, respectively.

KH Attorneys Update ABA’s Developments in Administrative Law 2012

The American Bar Association (ABA) annually publishes a summary of developments in the several areas of law. The 2012 issue includes a chapter summarizing recent developments in antitrust law and was authored by Keller and Heckman attorneys Peter de la Cruz and Wes Wright. The 2012 issue will be available for download from the ABA website later this year.

Telecom Issues in the Critical Infrastructure Industries: Webinar Recording Available

On June 5, Keller and Heckman attorneys hosted a complimentary webinar to discuss key telecom issues facing the Critical Infrastructure industries. A recording of the audio and accompanying slideshow is now available here. For more information on specific topics covered, please contact the respective speaker in the slideshow.

FCC to Host Access to Capital Conference and Workshop for Small Businesses

The FCC released a Public Notice on June 12 announcing the “Access to Capital Conference and Workshop,” hosted by the FCC’s Office of Communications Business Opportunities (“OCBO”). The event is targeted toward business owners who are interested in obtaining funding from angel investors in telecommunications and technology-related businesses. The event will be held on Thursday, July 11, 2013 from 9:00am until 4:30pm at the FCC Headquarters, 445 12th Street, Washington DC.

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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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