Telecom Business Alert -- Vol. VIII Issue 11

Date: Mar 14, 2011

Rules for Advanced Tower Warning Systems Proposed by FCC

On March 4th, 2011, the FCC released a Further Notice of Proposed Rulemaking in Docket No. 10-61 requesting comment on proposed rules to permit the operation of audio visual warning systems (or "AVWS"). An AVWS is an FAA approved option for lighting towers and other air navigation obstacles. An AVWS includes a continuously operating radar system that activates obstruction lighting on an air navigation obstacle, such as a tower, as an aircraft approaches the obstacle. If the aircraft continues toward the obstacle, the AVWS transmits an audible warning on Part 87 ground-to-air frequencies warning the pilot that the aircraft is approaching the obstacle. The Further Notice is largely consistent with the Petition for Rulemaking filed by OCAS Inc., a client of Keller and Heckman. For further information on the OCAS technology, go to http://www.ocasinc.com. For additional information on this proceeding, please contact K&H attorneys Doug Jarrett (202.434.4180; jarrett@khlaw.com) or Wes Wright (202.434.4296; wright@khlaw.com).

CII Entity Access to the Public Safety 700 MHz Broadband Allocation


An interoperability forum held by the FCC on March 4th highlighted the challenges that the FCC staff sees in allowing critical infrastructure industry ("CII") firms seeking shared access to the Public Safety 700 MHz broadband spectrum. Despite broad support for CII shared access to this spectrum, the FCC staff continues to voice reservations. At the forum, FCC Special Counsel Erika Olsen outlined some of the legal obstacles, principally whether CII entities qualify under Section 337(f) of the Communications Act as primarily engaged in "public safety services." This issue and allocation of the D-Block to Public Safety are under active consideration in Congress, as well.

FCC Seeks Comment on Potential Broadband Spectrum Allocations


A Public Notice released by the FCC on March 8th seeks comment on spectrum bands identified by NTIA as targets for wireless broadband deployment. These "fast track review" bands are: 1695-1710 MHz, 1755-1850 MHz, 3550-3650 MHz, 4200-4220 MHz and 4380-440 MHZ. The FCC seeks comment on broadband technology within the band, how conditions placed on the bands could affect broadband deployment, and if broadband could potentially share with federal users in each band. Deadline for comments is April 22nd, 2011.

Let Keller and Heckman's FCC Licensing Practice Work For You

As companies expand, merge, and update their technology to keep up with the fast pace of modern business, their telecommunications licenses at the Commission are frequently overlooked. However, these licenses are a critical part of a company's assets. No company wants to deal with the frustration and fees caused by the unwanted expiration of a license, or worse, Commission sanctions for unlicensed operation. Keller and Heckman's licensing practice specializes in tracking license portfolios and dealing with the often-complicated Commission licensing process. Contact us at telecomlicensing@khlaw.com to request a licensing audit and we will customize a quote to suit your business' needs.

Complimentary Pole Attachment Conference Call

As noted in February 14th's Telecom Alert, the FCC is scheduled to vote April 7th on its much-anticipated Order in the Pole Attachment proceeding. Keller and Heckman LLP attorney Tom Magee, who represents a group of nine electric utilities (the "Coalition of Concerned Utilities"), will conduct a complimentary one-hour conference call from 1:00-2:00 p.m. Eastern Time on April 8 to analyze the decision with Coalition members and other clients and friends who are not already represented by outside counsel in this proceeding.

K&H Video Minute: Doug Jarrett and Greg Kunkle Wrap Up IWCE

Keller and Heckman LLP spent last week at the International Wireless Communications Expo in Las Vegas. For those of you who couldn't join us, attorneys Doug Jarrett and Greg Kunkle are here to fill you in on the latest news and biggest issues from the show. To see this week's Video Minute, click here: http://www.khlaw.com/shownews.aspx?show=4341

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In an attempt to address in our weekly Telecom Business Alert the issues of most importance to the clients and friends of Keller and Heckman LLP, we invite you to submit suggestions on topics of interest to you. To make suggestions, please send an e-mail to TelecomAlert@khlaw.com.

Keller and Heckman LLP's Telecom Business Alert is a complimentary weekly electronic update created by the Telecommunications and the Business Counseling and Transactional practice groups of Keller and Heckman LLP.

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