Telecom Alert - Penalties for LED Bulbs; O'Rielly Speaks on Tower Issues; San Francisco Ordinance Preemption Petition; USF Contribution Exemption; Wireless Infrastructure NPRM Deadlines Extended - Vol. XIV, Issue 22

Date: May 30, 2017

FCC Enforcement Bureau Issues Penalties for LED Bulbs

The Enforcement Bureau of the FCC entered into a Consent Decree with AFX, Inc., concluding an investigation into whether AFX deliberately marketed LEDs unauthorized by the Commission’s rules and caused AM/FM radio interference. Under the Order, AFX will pay a $90,000 civil penalty and implement a compliance plan to guarantee company practices remain congruent with the Commission’s rules. For more information, please contact Greg Kunkle (kunkle@khlaw.com 202.434.4178).

O’Rielly Speaks on Tower Issues

Last week, Commissioner O’Rielly spoke at the Wireless Infrastructure Show.  In the speech, O’Rielly touched on a number of issues effecting wireless infrastructure.  Among these issues was language from the FAA Extension, Safety and Security Act of 2016, which effectively mandates all towers ranging between 50 to 200 feet meet certain paint and lighting requirements (Vol. XIII, Issue 33). O’Rielly said that while protecting life and preserving the safety of pilots is important, the broad implications of the rule do not aid to this cause and therefore must be significantly improved. The National Association of Tower Erectors praised Commissioner O’Rielly for his “common sense approach” to address the tower obstruction marking provisions. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Mike Fitch (fitch@khlaw.com; 202.434.4264). 

FCC Receives Comments on San Francisco Ordinance Preemption Petition

Last week, the Comment period closed for a Petition for Preemption, which asked the FCC to preempt an ordinance adopted by the City of San Francisco that would require multiple dwelling unit (MDU) owners to allow competing service providers access to their wiring infrastructure within a building.  Comments in support of preemption focused on the inconsistency of the ordinance with existing Commission policy, including the Bulk Billing Order.  The Reply Comment Deadline is June 8.  For more information, please contact Doug Jarrett (jarrett@khlaw.com; 202.434.4180). 

FCC Denies Request to Broaden USF Contribution Exemption

The Wireline Competition Bureau of the FCC issued an Order last week denying a petition requesting for the Commission to widen the scope of those exempt from universal service contribution requirements to include interstate telecommunication providers for government or public safety entities. The Commission stated “the current exemption from universal service contribution requirements applies to entities providing service directly and exclusively to government and public safety entities and, by definition, does not apply to subcontractors.” For more information, please contact Doug Jarrett (jarrett@khlaw.com; 202.434.4180). 

Wireless Infrastructure NPRM Comment Deadline Extended

Last week, the FCC issued an Order extending the Comment and Reply Comment deadlines for the Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure NPRM (WT Docket No. 17-79).  The revised dates are June 15 and July 17 for Comments and Reply Comments, respectively.  This extension harmonizes the dates with the comment and reply dates on the Wireline NPRM, NOI, and RFC.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

2017 NENA Conference

The National Emergency Number Association (NENA) will hold its annual conference in San Antonio, Texas on June 3-June 8.  On June 7, KH Law Partner Wes Wright will be speaking on “NG9-1-1 Liability: Seven Compliance Issues”.  For more information and to register, please click here

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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 © 2015.  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.