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Telecom Alert - C-Band Filing Deadline; CAF II Location Discrepancy Procedures Comments Due; Updated FAA Marking and Lighting Requirements; Hurricane Michael Numbering Waiver; Spectrum Frontiers Auction Update - Vol. XV, Issue 42

C-Band Earth Station Information Filing Deadline October 17

Earlier this year the Commission sought comment on the feasibility of allowing commercial wireless services to use or share use of the 3.7-4.2 GHz spectrum band.  As part of this process, the Commission has asked licensees to submit information for any unregistered satellite earth stations operating in this band (Vol. XV, Issue 34).  The Commission has also asked that licensees of registered satellite earth stations review the information on file and make any corrections needed to keep the information current.  The deadline to do so is this Wednesday, October 17, 2018.  For more information, please contact Wes Wright (; 202.434.4239).

Due Date for Comments on CAF Phase II Location Discrepancy Procedures

Last month, the Commission issued a Public Notice seeking comment on proposals for resolving location discrepancies in eligible census blocks within winning bid areas for Connect America Fund (CAF) Phase II support recipients (Vol. XV, Issue 36).  Specifically, the Commission seeks comment on approaches to identify and resolve inconsistencies between the number of model-determined funded locations of CAF Phase II support recipients (funded locations) and the actual number of locations within winning bid areas (actual locations).  Comments and reply comments are due on or before October 29 and November 13, respectively.  For more information, please contact Doug Jarrett (; 202.434.4180) or Tim Doughty (; 202.434.4271).

Updated FAA Advisory Circular Requires Infrared LED Lighting

On August 17, the FAA released a new Marking and Lighting Advisory Circular (AC) updating the marking and lighting standards for obstructions that have been deemed hazardous to air navigation.  The new AC requires all towers with an FAA Determination following August 17 to be lit with infrared LED lights in flashing omnidirectional (L-864) and/or steady-burning or flashing (L-810) fixtures to make lighting systems more visible to Night Vision Imaging Systems (NVIS).  When one or more levels contain flashing lights, the lights should flash simultaneously.  The AC differentiates between single and double obstruction light installation, depending on the number and location of lights to be used in a given place.  The new requirement was adopted in response to a safety risk assessment of LED Lighting in Aircraft Operations by the FAA.  The requirement took effect on September 6, 2018. For more information, please contact Greg Kunkle (; 202.434.4178).

WCB Reminds Providers of Numbering Waiver Amidst Hurricane Michael

On October 10, the FCC Wireline Competition Bureau issued a Public Notice reminding providers and customers that the WCB has granted a temporary nine-month waiver of the FCC’s telephone number “aging” rule for areas covered by emergency declarations during the 2018 hurricane season.  The Notice was released as a response to an October 9 FEMA announcement of a presidential emergency declaration for areas in Florida affected by Hurricane Michael.  Waivers for Florida areas hit by Hurricane Michael will expire on July 9, 2019.  For more information, please contact Wes Wright (; 202.434.4239).

Spectrum Frontiers Auction Update

In early August, the FCC released a Public Notice (Vol. XV, Issue 32) establishing procedures for its upcoming “spectrum frontier” auctions of almost six thousand Upper Microwave Flexible Use Service (UMFUS) licenses in the 27.5-28.35 GHz (28 GHz); 24.25-24.45 GHz; and 24.75-25.25 GHz (24 GHz) bands (Vol. XV, Issue 17).  Short Form Applications for both auctions were due on September 18, 2018 (Vol. XV, Issue 36).  The Commission released a Public Notice stating that 110 applications were submitted  but just under half of these were incomplete.  For example, 26 complete applications were submitted for the 28 GHz band and 34 complete applications were submitted for the 24 GHz band.  The parties that submitted applications that were deemed incomplete must address any deficiencies by October 23rd in order to participate in the auction.  Bidding in Auction 101 (28 GHz band) is expected to begin on November 14.  For more information, please contact Wes Wright (; 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 © 2018.  All rights reserved.  Articles may be copied with attribution.  To sign up for our weekly alert, please send us an email at and provide us with your name and email.  Please follow us on twitter at @KHtelecom.