Telecom Business Alert – 3.65 Comment Deadline; FCC Enforcement; Cox Data Breach, Vol XII, Issue 46

3.65 Comment Deadline

Last month, the FCC released a Public Notice seeking comment on how to determine the interference contours for protecting grandfathered 3.65 GHz stations (Vol. XII, Issue 43).  The Notice was published in the Federal Register on November 10, so Comments are now due by December 10 and Replies by December 28, 2015.  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

FCC Enforcement

Last week, the FCC issued two Notices of Apparent Liability (NAL) involving over-power operation at cellular sites operated by Wirelessco, L.P. and T-Mobile on the same building rooftop in Phoenix, AZ.  The rooftop had an area with antennas separated by an elevated platform from an enclosed penthouse area with outdoor patios.  The Enforcement Bureau concluded the elevated platform could be easily accessed from the patios, "allowing unrestricted access to the Antenna Area." In both cases, the FCC concluded that inadequate warning signs or barriers were present and the FCC’s RF measurements recorded levels exceeding the limits set forth in the rules for General Population/Uncontrolled Exposure.  The FCC proposed forfeitures in the amount of $60,000 for T-Mobile and $25,000 for Wireless.  For more information, please contact Mike Fitch (fitch@khlaw.com; 202.434.4264).

Cox Data Breach

Earlier this month, Cox Communications Inc. (Cox) entered into a Consent Decree with the FCC, agreeing to pay a civil penalty of $595,000 and to develop and implement a Compliance Plan to ensure appropriate processes and procedures are incorporated into Cox’s business practices to protect Customer Proprietary Network Information (CPNI) against data breaches.  The Consent Decree resolved an FCC investigation into a breach of Cox’s electronic data systems in August of 2014 and Cox’s failure to report the breach to the Commission.  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 and the Business Counseling and Transactional practice groups of Keller and Heckman LLP.  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.