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Telecom Alert - Licensing Freeze for 900 MHz Band; Vertical Accuracy Metric for Wireless 911 Calls; FCC Pole Attachment Order; 4th Quarter USF Contribution Factor; EWA Continues Criticism of Federal Licensing, Inc. - Vol. XV, Issue 38

Licensing Freeze for 900 MHz Band

Effective September 13, 2018, the FCC’s Wireless Telecommunications Bureau enacted a temporary freeze on applications for new and modified authority for Land Mobile systems operating in the 896-901/935-940 MHz band.  In 2017, the FCC issued a Notice of Inquiry seeking input on the possible reconfiguration of this band, including creating a 3 x 3 MHz broadband allocation initially proposed by PDV Wireless.  The freeze suggests the FCC is considering a notice of proposed rulemaking to modify the rules governing this 900 MHz land mobile band.  For more information, please contact Tim Doughty (; 202.434.4271).

FCC Seeks Comment on Vertical Accuracy Metric for Wireless 911 Calls

Last week the FCC’s Public Safety and Homeland Security Bureau released a Public Notice requesting comment on the proposed vertical accuracy (z-axis) standard submitted by CTIA on behalf of the four nationwide carriers.  Under the FCC’s location accuracy rules (Vol. XII, Issue 6), carriers were required to submit a proposed metric to the FCC that would require the carriers to provide more accurate location information to PSAPs for the majority of 911 calls placed from cell phones in major metropolitan areas.  The FCC prefers a z-axis metric that is accurate to within three meters so first responders know the floor from which an emergency call is placed.  The carriers proposed a z-axis metric that is accurate within five meters.  The report relied on testing performed by technology vendors NextNav LLC and Polaris Wireless, Inc. as part of the location accuracy test bed.  The FCC is seeking public comment on the proposed standard.  Comments are due October 1 and Reply Comments are due October 11.  For more information, please contact Wes Wright (; 202.434.4239) or Tim Doughty (; 202.434.4271).

Federal Register Publication of FCC Pole Attachment Order

On Friday, the FCC’s August 3 Pole Attachment Order was published in the Federal Register, meaning petitions for reconsideration are on Monday, October 15.  As expected, the Federal Register identifies the effective date for the pole attachment rulings in the Order as either February 3, 2019, or 30 days after the Federal Register announces Office of Management and Budget (OMB) approval, whichever is later.  For more information, please contact Tom Magee (; 202.434.4128) or Tim Doughty (; 202.434.4271).

Proposed 4th Quarter Universal Service Contribution Factor

The FCC released a Public Notice on September 12, announcing that the proposed universal service contribution factor for the fourth quarter of 2018 will be 0.201 or 20.1 percent.  The Universal Service Administration Company (USAC) submitted projected collected end-user telecommunications services revenues for October through December 2018 based on information contained in the Fourth Quarter 2018 Telecommunications Reporting Worksheet (FCC Form 499-Q).  The proposed contribution factor will be deemed approved if the Commission takes no action within 14 days of the Public Notice.  

EWA Continues Criticism of Federal Licensing, Inc.

Enterprise Wireless Alliance (EWA) reported last week on a new scheme by Federal Licensing, Inc. that may mislead licensees into believing they are receiving mailed communications from the FCC.  EWA slammed Federal Licensing’s new tactic, noting that the company’s new solicitations state, “We received a request for modification to your two-way radio license Call Sign [KAAA123],” and then asks the recipient to “indicate all Modifications below & return in the enclosed envelope.”  According to EWA, the solicitation does not identify the source of the “request for modification.”  EWA’s article reminds licensees to carefully scrutinize all inquiries regarding FCC licenses.  For more information, please contact Tim Doughty (; 202.434.4271).

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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.