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Telecom Alert - Pole Attachment/Wireline Infrastructure Proceeding; Wireless Construction Obligations; FirstNet Update; Texas Small Cell Law; NTIA Requests Comment on Cybersecurity; Webinar: Drafting Telecom Services Agreements - Vol. XIV, Issue 25

Pole Attachment/Wireline Infrastructure Proceeding

K&H filed Comments in the Pole Attachment/Wireline Infrastructure Proceeding on behalf of the Coalition of Concerned Utilities, a group of 12 investor-owned utilities, proposing solutions to problems with communications attachers and explaining the need for utility pole owner cost recovery.  For additional information, please contact Tom Magee (magee@khlaw.com; 202-434-4128) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

WTB Wireless Construction Obligations

The FCC’s Wireless Telecommunications Bureau (WTB) issued a Public Notice last week reminding licensees of “their existing obligations to timely meet the construction and coverage deadlines set forth in the Commission’s rules (collectively, ‘construction obligations’).”  The WTB stated that “the Commission’s rules and case law impose limits on the types of arguments and factual circumstances that would qualify a licensee for an extension” and therefore issued a Public Notice to remind licensees that enforcing the FCC’s construction obligations will remain consistent.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

FirstNet Update

At its June 22nd meeting, the FCC will consider a Report and Order adopting procedures for reviewing alternative plans from states that “opt-out” of the FirstNet radio access network (“RAN”) or coverage plan within their state.  A major issue is whether an opt-out state will also be able to operate its own core under the Act.  Preliminary indications from the FCC are that a state is not prohibited from this option under the law as long as the state core is interoperable with FirstNet.  Last week, Rhode Island became the latest state to issue a request for proposal to identify a vendor to build and maintain the state’s RAN if the governor decides to opt out of the nationwide AT&T- FirstNet plan. 

Texas Law Establishes Small Cell Deployment Policies

Last week, Texas Governor Greg Abbott (R-TX) signed a bill into law establishing regulations for the deployment of small cell wireless facilities in public rights-of-way.  The law, which goes into effect September 1, specifies requirements regarding fees, charges, rates, and management of small cell facilities in public rights-of-way.  CTIA applauded the Governor’s actions, stating that the implementation of the bill will facilitate the deployment of next-generation 5G, which will have a positive effect on Texas’ economy.  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

NTIA Promotes Stakeholder Action in Securing Cyber Networks

In an effort to advance the President’s Cybersecurity Executive Order, the National Telecommunications and Information Administration issued a Notice of Request for Comment, soliciting stakeholders (private industry, academia, civil society, and security experts) “to comment on actions that can be taken to address automated and distributed threats to the digital ecosystem” and to determine the role of the US government in this task.  Comments are due by July 13. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234). 

Webinar: Drafting Telecom Services Agreements: Structuring Key Provisions, Anticipating Legal Pitfalls, Mitigating Risks

Keller and Heckman attorney Doug Jarrett will be presenting on a telecommunications panel for the Stafford Online Legal Webinar July 18.  The webinar will guide business and technology counsel in drafting and negotiating agreements for telecommunication services.  

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We welcome your feedback on topics of interest that you would like to see covered in our Telecom Business Alert. To make suggestions, please e-mail telecomalert@khlaw.com.

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.