Telecom Alert - 9th Circuit to Hear Appeals of Small Cell Order; Video Game Software Must Comply with ACS CVAA Requirements; Government Shutdown; CenturyLink 911 Outage, XVI, Issue 2

Date: Jan 15, 2019

9th Circuit to Hear Appeals of Small Cell Order

Last week, two judges on the Tenth Circuit denied a motion filed by a group of cities to stay the FCC’s Small Cell Order, emphasizing the cities did not show irreparable harm if the stay were denied.  Because the stay was denied, the Order became effective on January 14, 2019.  Also last week, the Tenth Circuit granted a request to transfer the various petitions for review to the Ninth Circuit (Vol. XV, Issue 50).  Additionally, on December 26, the FCC’s Wireless Telecommunications Bureau (WTB) established a uniform deadline for oppositions and replies to oppositions to a petition for reconsideration of the Order.  The petition asks the FCC to reconsider the recurring fee structure, the definition of “effective prohibition,” undergrounding and minimum spacing issues in the Declaratory Ruling, and the presumptively reasonable time period for deployment applications in the Third Report and Order.  Oppositions will be due fifteen days after Federal Register publication of the Notice of Petition for Reconsideration.  Replies will be due ten days after the time for filing oppositions has expired.  For more information, please contact Al Catalano (catalano@khlaw.com; 202.434.4207).

Video Game Software Must Comply with ACS CVAA Requirements

December 31, 2018 marked the expiration of a waiver of the Advanced Communications Services (ACS) accessibility requirements for video game software.  The waiver was initially granted in 2012 because “the class of video game software, though capable of accessing ACS, was designed primarily for purposes related to playing games” and that waiver would foster innovation.  The waiver was extended two times.  The most recent extension was conditioned on the submission of a progress report by the Entertainment Software Association.  Beginning January 1, 2019, new video game software that is capable of accessing ACS must comply with accessibility requirements.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

FCC Operations Suspended Due to Partial Government Shutdown  

Funding for a portion of the federal government expired on December 21, 2018, beginning a partial federal government shutdown.  The agencies affected by the lapse in funding include the FCC.  While the FCC managed to maintain operations longer than other agencies, the Commission suspended most operations starting mid-day on January 3, 2019.  For more details on the Commission’s current operations, please check out our recent blog post or contact Kathleen Slattery (slattery@khlaw.com; 202.434.4244).

FCC to Investigate CenturyLink 911 Outage

Following the nationwide December 27 CenturyLink 911 outage, FCC Chairman Pai announced on December 28, that the FCC’s Public Safety and Homeland Security Bureau has launched an investigation into the cause and impact of the outage.  Charmain Pai called the CenturyLink service outage “completely unacceptable, and its breadth and duration are particularly troubling.”  For more information, please contact Wes Wright (wright@khlaw.com; 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 © 2019.  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.