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Telecom Business Alert -- Pole Attachment Indemnification, 700 MHz Guidance, and Private Broadband Comments -- Vol. XI Issue 15

Date: Apr 14, 2014

Pole Attachment Indemnification

On April 8, the FCC issued a Public Notice seeking comment on a petition filed by Mediacom Communications Corporation asking  the FCC for a declaratory ruling that an “asymmetric and nonreciprocal” indemnification liability clause for negligence on the part of the attaching party under a pole attachment agreement is not a “just and reasonable” term and condition under Section 224 of the Communications Act.  Comments on the petition are due May 8, 2014, reply comments are due May 23, 2014.  For more information, please contact Tom Magee (magee@khlaw.com; 202-434-4128).

Mimosa’s Private Broadband Petition

On April 10, comments were due on Mimosa’s petition for rulemaking requesting amendments to Parts 2 and 90 of the FCC’s rules to allow wireless broadband services in the 10-10.5 GHz band.  On behalf of licensed amateur radio interests, AARL argued Mimosa’s proposal is flawed conceptually, and will cause interference to amateur operations in the band.  Qualcomm submitted comments supporting Mimosa’s petition.  The Wireless Internet Service Providers Association and several public interest groups urged the FCC to issue a Notice of Proposed Rulemaking to develop a full record.  Reply comments are due April 25, 2014.  For more information, Please contact Greg Kunkle (Kunkle@khlaw.com; 202-434-4178).

700 MHz Narrowband Licensees

On April 7, the FCC’s Public Safety and Homeland Security Bureau released a Public Notice to provide guidance to state licensees of 700 MHz narrowband licenses.  The PN explained that the five year benchmark filing deadline for demonstrating substantial service is June 13, 2014.  A State licensee may meet the benchmark by demonstrating it provides service to one-third of the population covered by a license or by certifying it has a radio system approved and funded by the deadline and is prepared to provide substantial service. 

Public Safety Workshop

On April 11, the FCC released its agenda for the upcoming Workshop entitled “Public Safety Imperatives for All-IP Networks.”  This Workshop, scheduled for April 17 and 18, will focus on the IP transition’s impact on public safety and homeland security.  The Workshop will include speakers from a variety of interested parties, focusing on incident response, disaster preparedness, and cyber security during and after the technology transition.  For more information, please contact Doug Jarrett (Jarrett@khlaw.com; 202-434-4180).

Upcoming K&H Webinar - “Know Your Tower ABCs”

With the increased focus on communications towers, Keller and Heckman LLP attorneys will hold a complimentary one-hour roundtable on April 17, 2014 (“Know Your Tower ABCs:  FAA, ASR, NEPA, FCC, SHPO, TCNS, OSHA”) to discuss the many regulatory obligations associated with construction, operation, and maintenance of antenna towers.  In addition to a multitude of FCC, FAA, and EPA requirements, the webinar will consider OSHA’s recent focus on employers who build, own, and maintain communications towers. Webinar participants are encouraged to submit requests for topics to be discussed during the one-hour session. To sign up or submit topic requests, please click here.

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We welcome your feedback on topics of interest that you would like to see covered in our Telecom Business Alert. To make suggestions, please e-mail 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.  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 © 2013.  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.