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Telecom Alert: December Open Meeting; Draft Pole Attachment Order; 76 GHz Band Waiver Request; Enhanced A-CAM Deadline Extension Request [Vol. XX, Issue 48]

December Open Meeting Tentative Agenda Announced

Last week, the FCC announced a tentative agenda for its December Open Meeting, which is scheduled for Wednesday, December 13.  Among other items, the agenda includes consideration of a Second Report and Order, Second Further Notice of Proposed Rulemaking and Waiver Order focused on combatting illegal robotexts.  The Commission will also consider a Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking on issues affecting pole attachment efficiency.  For more information, please contact Wes Wright (; 202.434.4239) or Tom Magee (; 202.434.4128).

Draft Pole Attachment Order Circulated

In advance of its December 13 vote, the FCC released a draft of its pole attachment decision, which is designed to facilitate resolution of pole attachment disputes, would require pole owners to supply certain information to potential attachers, and would clarify what constitutes “red tagged” poles for which new attachers could not be charged the full cost of replacement.  For additional information, please contact Tom Magee (; 202-434-4128), Sean Stokes (; 202-434-4193) or Tim Doughty (; 202-434-4271).

76-77 GHz Band Radar Device Waiver Request

The FCC accepted a waiver request submitted by ContiTech USA, Inc. (“ContiTech”) for operation of a radar device in the 76-77 GHz band.  The 76 GHz band is primarily used for airport runway detection and vehicular radars, however, ContiTech’s device monitors mining, milling, and tunneling conveyor belts to detect weight changes, energy consumption, and safety issues.  The FCC noted that the device serves the public interest and that operation under the Part 90 site-based radiolocation rules provides an opportunity to implement additional conditions on subsequent applications, if needed.  ContiTech’s operation of the device is limited to underground and above-ground mining, milling, and tunneling, bulk material processing and loading terminal operations.  For more information, please contact Wes Wright (; 202.434.4239) or Tim Doughty (; 202.434.4271).

NTCA Requests Later Enhanced A-CAM Cyber Plan Deadline

NTCA filed an emergency petition to extend the deadline for Enhanced Alternative Connect America Cost Model (“A-CAM”) supported providers to file cybersecurity and supply chain risk management plans.  The plans, which the FCC required in rules adopted in July, are due by January 1, 2024.  Citing administrative burdens and costs, NTCA requested that the deadline be pushed to July 2024 to coincide with Form 481 submissions for Enhanced A-CAM supported providers.  For more information, please contact Casey Lide (; 202.434.4186).

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