Telecom Business Alert -- Vol. IX Issue 40
LightSquared Files New Petition for Rulemaking
Last year, LightSquared faced a storm of protest when it sought to operate terrestrial systems on its satellite frequencies via waiver. Last week, LightSquared filed a new Petition for Rulemaking with the FCC, requesting that the Commission initiate a rulemaking proceeding to develop operating parameters for the terrestrial use of a portion L-Band spectrum. If approved, the proposal would permit LightSquared to operate a terrestrial broadband system in the lower 10 MHz (1526-1536 MHz) of the L-Band downlink spectrum. LightSquared also proposes to permanently relinquish all terrestrial authority to use its upper 10 MHz (1545-1555 MHz), which is the downlink spectrum closest to the GPS band. Relinquishing its upper 10 MHz apparently is intended provide GPS systems with a sort of "guard band" from terrestrial services. LightSquared also filed a Modification Application seeking to replace this relinquished spectrum with 10 MHz of spectrum between 1670-1680 MHz. The company currently is authorized to operate 1670-1675 MHz nationwide and proposes to share operations between 1675-1680 MHz with federal licensees. Please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) with questions.
FCC Extends Comment Period for 4.9 GHz Proceeding
Last week, the FCC extended the deadline to file comments in response to the FCC's Fifth Further Notice of Proposed Rulemaking proposing among other things to permit Critical Infrastructure Industry ("CII") entities to operate in the 4.9 GHz band (4940-4990 MHz) on a primary basis. The 4.9 GHz band currently is allocated to public safety licensees, and non-public safety entities may operate in the band only through a sharing arrangement in support of public safety. The Further Notice proposes to remove these restrictions and allow CII to hold 4.9 GHz licenses on a primary basis. The Commission also seeks comment on issues related to sharing between critical infrastructure entities and public safety users, priority access during emergencies and frequency coordination with incumbent public safety licensees. Comments are now due by November 1.
FERC Opens New Office to Focus on Cybersecurity
Last week, the Federal Energy Regulatory Commission (FERC) announced it was opening the Office of Energy Infrastructure Security. The Office will help FERC to focus on potential cyber and physical security risks to energy facilities under its jurisdiction by helping to identify and communicate potential cyber and physical security threats and conducting outreach with private sector owners, users and operators of energy delivery systems. Please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234) with questions.
Keller and Heckman at Industry Events
Keller and Heckman attorney Wes Wright will be speaking at the UTC Region 3 Meeting in Memphis, Tennessee on October 3. Mr. Wright will be speaking about Recent Developments in Spectrum Issues for Utilities. For additional information, contact Mr. Wright (wright@khlaw.com; 202.434.4296).
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