Telecom Business Alert -- Vol. X Issue 7

Date: Feb 11, 2013

NARUC Urges More Testing of Progeny Proposal

The National Association of Regulatory Utility Commissioners (NARUC) adopted resolutions expressing concern over the FCC's potential approval of Progeny's petition for permanent authority to operate its high powered M-LMS system in the 902-928 MHz unlicensed band. Echoing the comments of dozens of critical infrastructure entities, NARUC noted that Progeny's proposal might cause harmful and unacceptable interference with communications devices for AMI, smart grid systems and monitoring and other utility and critical infrastructure control systems. NARUC requested the FCC refrain from granting permanent authority for Progeny until it has conducted further field tests to ensure unacceptable interference is avoided. This echoes a letter to the FCC by more than 60 electric utilities, oil and gas companies, equipment manufacturers, associations and others opposing Progeny's proposal. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) with questions.

Pole Attachment Legislation in Several States

Missouri legislation to guarantee cable and telecom providers a right to access Missouri co-op poles pursuant to FCC rates and rules was the subject of a Senate Commerce Committee hearing last week. Also last week, legislation was introduced in Tennessee to allow state administrative law judges to make rulings on attachments to co-op and muni poles following their consideration of FCC rules. And in Georgia, legislation reportedly sponsored by AT&T Wireless would curtail local regulatory oversight of antenna placement on wireless support structures, defined broadly to include utility towers and poles. For additional information about any of this legislation, please contact Tom Magee (magee@khlaw.com; 202-434-4128).

CPNI Certification Deadline Approaching

All telecommunications carriers and interconnected VoIP providers must file their Customer Proprietary Network Information (or "CPNI") compliance report with the FCC by March 1, 2011. Earlier this year, the Commission's Enforcement Bureau issued an Enforcement Advisory to remind these entities to file their annual reports certifying compliance with the Commission's CPNI rules. The FCC intends to continue strict enforcement of the CPNI requirements. For additional information, contact Tracy Marshall (202.434.4234; marshall@khlaw.com).

House Commerce Committee Agenda Includes Cybersecurity and Privacy

The House Commerce Committee adopted its oversight agenda last week for the upcoming 113th Congress. The Committee's agenda includes a wide range of issues from broadband deployment to FCC oversight. It indicates the Committee plans to take a flexible approach to cybersecurity legislation that allows private and government actors to share information and combat threats. The Committee also plans to determine whether the needs of first responders are being met, evaluate the progress of FirstNet's development, and determine whether first responders have been allocated adequate spectrum. For questions or more information, please contact Wes Wright (202.434.4296; wright@khlaw.com).

Complimentary K&H Webinar on Telecom Issues in the Oil & Gas Industry

On Wednesday, February 20, at noon Eastern Time, Keller and Heckman attorneys will host a complimentary webinar to discuss key telecom issues facing the oil and gas industry. Topics will include an overview of wireless spectrum requirements and options for the industry, FCC licensing and enforcement trends, network services developments, and an update on cybersecurity issues. Please contact Tara Busby (busby@khlaw.com; 202.434.4174) to register free-of-charge or for additional information.

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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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