Policymaking

Keller and Heckman Telecommunications attorneys represent and otherwise counsel our clients, including electric utilities, other critical infrastructure companies, public and private providers, trade associations, and coalitions in a wide variety of rulemaking, regulatory, and legislative proceedings at the state and federal level involving spectrum allocations, niche rules impacting communications services providers and private wireless network operators, and infrastructure policies and procedures.

Our in-depth knowledge comes from decades of policy matter advocacy before the Federal Communications Commission (FCC), Congress, the Federal Trade Commission (FTC), the National Telecommunications and Information Administration (NTIA), and numerous state public utility commissions and legislatures. Our advocacy covers a range of policy issues, including spectrum allocations, technical and licensing standards, broadband funding, market entry, utility pole and other infrastructure access issues, universal service, and more.

With respect to state and local proceedings, our policy experience includes representation before state legislatures, public service commissions, and other state and local government entities. This representation includes pole attachment and infrastructure access matters, wireless siting, and broadband deployment ordinances and franchises.

Representative Matters

Broadband & Connectivity 

• Represented clients in matters addressing crucial initiatives that focus on expanding broadband access and infrastructure and improving competitive broadband access, including in rural areas and in multiple tenant environments
• Advocated on behalf of clients in proceedings including but not limited to Rural Broadband Experiments; ETC Annual Reports and Certifications proceedings; Digital Opportunity Data Collection; Form 477 Data Program; Rural Digital Opportunity Fund (Auction 904); and Connect America Fund (Phases I and II)
• Advocated for clients’ access to the Emergency Broadband Benefit Program; Affordable Connectivity Program; NTIA’s $42.45 billion Broadband Equity, Access and Deployment (BEAD) Program; $2.75 billion Digital Equity Act Funds; and $1 billion Middle Mile Broadband Infrastructure Grant Programs
• Brought successful petitions to FCC on behalf of two public power utilities to preempt state laws that posed barriers to municipal broadband initiatives (FCC decision subsequently overturned for lack of preemptive authority)

Wireless Spectrum

• Represented clients in FCC proceedings designed to expand access to a variety of Land Mobile, Public Safety, Marine, Ship, Aircraft, and Aviation, and Microwave frequency bands, including but not limited to unlicensed operations below 900 MHz and in the 3 GHz band; VHF, UHF, 800 MHz, and 900 MHz Land Mobile Radio spectrum; Education Broadband Spectrum; AMTS, IVDS, 220 MHz, and Millimeter Wave spectrum proceedings
• Represented clients in rulemaking proceedings designed to re-band spectrum in the 800 MHz and 900 MHz bands; represented clients for the auction of spectrum in a variety of bands, including 700 MHz and the Citizens Broadband Radio Service
• Represented a coalition of 6 GHz licensees and successfully advocated for protection criteria adopted by the FCC for incumbent operators of fixed point-to-point networks

Public Safety

• Represented clients in FCC rulemaking proceedings on Next Generation 911 (NG911) vertical and horizontal location accuracy, call forwarding requirements, and other proceedings focused on improving access to NG911 services
• Advocated for amendments to the Commission’s rule to revise aspects of Part 51 rules to enhance services accessibility and efficiency

Universal Service Fund and Other Federal Funding Programs

• Represented clients on proceedings related to Telephone Consumer Protection Act (TCPA) rules, rule changes related to Local Exchange Carrier Rates for Interstate Special Access Services, Universal Service Fund rules and contribution factor, and the Federal-State Joint Board on Universal Service
• Served as expert witness on compliance with the Broadband Technology Opportunities Program

Pole Attachments

• Represented well-known coalitions of investor-owned utility clients in every significant pole attachment rulemaking proceeding at FCC in the past 20 years
• Advocated successfully for multiple electric cooperative statewide associations and investor-owned utilities for favorable pole attachment regulations and legislation in several states
• Represented a major utility trade association and large urban county in the appeal of FCC’s Small Cell Wireless Order before the United States Court of Appeals for the Ninth Circuit, City of Portland vs. United States, 969 F.3d 1020 (9th Cir. 2020)