Chip Yorkgitis

Subscribe to all posts by Chip Yorkgitis

Louisville One-Touch Make-Ready Ordinance Survives AT&T’s Challenge in Federal District Court

On August 16, 2017, the U.S. District Court for the Western District of Kentucky granted summary judgment in favor of the Louisville Metro Council to uphold the city’s recently-enacted ordinance amendments providing for “one-touch make-ready” (“OTMR”) on poles in the City’s public rights-of-way.  The ordinance had been challenged by AT&T, which alleged that in enacting … Continue Reading

August 2017 FCC Meeting Recap: FCC Commences Major Study of Spectrum Management Issues Involving “Mid-Band” Frequencies

At its August Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) unanimously initiated a major inquiry proceeding into what it labels “mid-band spectrum,” namely the frequencies between 3.7 GHz and 24 GHz.   The proceeding has major potential spectrum management ramifications for the coming years as the record developed could serve as a catalyst for … Continue Reading

July FCC Meeting Recap: Wireless Microphones Order on Recon and Further Notice: A Mixed Bag for Manufacturers and Users

On July 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) revisited the regulatory framework applicable to wireless microphones in several important ways.  The Order on Reconsideration addressed petitions for reconsideration pertaining to licensed and unlicensed wireless microphone operations under the 2015 Wireless Microphones Order and TV Bands Part 15 Order.  The 2015 Wireless … Continue Reading

July 2017 FCC Meeting Recap: FCC Adopts Major Changes to Approval Procedures for Many RF Devices, E-Labeling, Importation Regulations, and Other Equipment Authorization Rules

The Federal Communications Commission (“FCC” or “Commission”), at its July 13, 2017, Open Meeting updated its equipment authorization procedures and rules in a number of ways that will be of great interest to everyone in the supply chain for both licensed and unlicensed radio frequency (“RF”) equipment, including manufacturers, importers, wholesalers, distributors, and retailers.  The … Continue Reading

July 2017 FCC Meeting Recap: FCC Approves Expanded Rules for Radar Services in the 76-81 GHz Band and Plans to Phase Out Other Vehicular Radar Operations

In its July Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted new rules in a Report and Order (“R&O”) to allow a more flexible, streamlined approach for certain radar operations in the 76-81 GHz band. The R&O modifies the applicable rules to increase access for enhanced safety vehicular, fixed, and mobile radar applications … Continue Reading

What to Expect at the FCC’s July 2017 Open Meeting

Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017.  Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items.  Indeed, for the sixth month in a … Continue Reading

June 2017 FCC Meeting Recap: FCC Grants OneWeb’s U.S. Market-Access Petition for its Ka/Ku-Band NGSO System Subject to Conditions

On June 22, 2017, the Federal Communications Commission (“FCC” or “Commission”) conditionally granted OneWeb’s proposed 720 Non-Geostationary Satellite Orbit (“NGSO”) constellation access to the U.S. market in select frequency bands.   OneWeb filed a Petition for Declaratory Ruling with the FCC or U.S. market access rather than an application because it states that its space system license … Continue Reading

June 2017 FCC Meeting Recap: FCC Adopts Rules to Govern State Opt-out of FirstNet Plan

At its June 2017 Open Meeting, the Federal Communications Commission’s (“FCC” or “Commission”) unanimously approved a process to review the alternative plans of States and Territories (“States”) that seek to opt out of the First Responder Network Authority (“FirstNet”) plan for the radio access network (“RAN”) portion of the nationwide public safety broadband network (“NPSBN” … Continue Reading

Sprint and Windstream Waste No Time Appealing Business Data Services Order

On May 8, 2017, merely ten days after the Federal Communications Commission (“FCC”) adopted its Report & Order (“BDS Order”) deregulating the market for Business Data Services (“BDS”), Sprint and Windstream petitioned the U.S. Court of Appeals for the District of Columbia (“D.C. Circuit”) to vacate the BDS Order. In the BDS Order, as we … Continue Reading

The FCC Deregulates Most Business Data Services

Ending a decade-long examination of incumbent carrier special access and related services, the Federal Communications Commission (Commission or FCC), on April 28, 2017, released a Report & Order (the Order) setting forth a deregulatory framework for business data services (BDS).  The Commission found that, in most instances, BDS – “dedicated point-to-point transmission of data at … Continue Reading

Client Advisory: FCC Explores How to Speed Next Generation Wireline Broadband Deployment in New Proceeding

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated three interrelated proceedings in new WC Docket No. 17-84 that aim to “better enable broadband providers to build, maintain, and upgrade their networks” and transition from legacy copper networks to next-generation networks and services. The docket consists of three interrelated parts: a Notice … Continue Reading

Client Advisory: The FCC Initiates Close Look at Wireless Infrastructure Deployment and Investment Issues

At its April 20, 2017 Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) initiated two proceedings to review ways in which the Commission might alleviate obstacles wireless providers face at the state, local, and Tribal levels when trying to install new or upgrade existing wireless infrastructure. FCC Chairman Ajit Pai welcomed new ideas for “updating … Continue Reading

3GPP Paves Way for Accelerated 5G Standards Development

During a plenary meeting held March 6-9 in Dubrovnik, Croatia, the 3rd Generation Partnership Project (3GPP) a standards-developing collaboration between groups of telecommunications associations approved an accelerated time frame for the completion of specifications which will facilitate standards-based 5G deployment to begin in 2019 instead of 2020. … Continue Reading

FCC Authorizes First LTE-U Devices

Wireless carriers are a major step closer to using unlicensed spectrum to ease network congestion and boost speeds following the FCC’s authorization of the first LTE-Unlicensed (“LTE-U”) devices on February 22, 2017.  LTE-U technology allows carriers to deliver mobile traffic over unlicensed spectrum in the 5 GHz band already occupied by Wi-Fi, Bluetooth, and other … Continue Reading

3GPP Releases Guidance on 5G Labeling

On February 7, 2017, the Organizational Partners of the 3rd Generation Partnership (3GPP), a leading mobile standards body, released a new logo for use with products based on 5G specifications.  According to 3GPP, the logo will be available throughout various phases of development of 5G up through 2020, when the standard is scheduled for completion. … Continue Reading

The FCC Fines Straight Path $ 100 Million for Failing to Meet License Obligations

Last week, the Enforcement Bureau (“EB”) of the Federal Communications Commission (“FCC” or the “Commision”) reached a $ 100 million Consent Decree with Straight Path Communications Inc (“Straight Path” or “The Company”) for fraudulently violating FCC buildout and discontinuance rules with respect to their licenses in the 28 GHz and 39 GHz spectrum bands.  Under … Continue Reading

Details of Mandatory Network Outage Obligations for Submarine Cable Operators Released

As we noted in a prior post,  on June 24, 2016, the Federal Communications Commission (Commission) adopted new mandatory network outage reporting requirements for submarine cable licensees.  The Commission’s Submarine Cable Network Outage Reporting Order (Order), released Tuesday, identifies Commission expectations and provides exact rule language for the reporting requirements which had been described at only … Continue Reading

FCC Proposes Rules to Expedite Initial Stages of the Team Telecom Application Review Process

The Federal Communications Commission (“Commission” or “FCC”) is looking to jump start the initial steps of the Executive Branch process of reviewing certain applications, including Section 214 and submarine cable-related applications.  In a May 2016 request from the National Telecommunications and Information Administration (“NTIA”), NTIA proposed rule changes designed to facilitate more rapid opening stage … Continue Reading

FCC Imposes Mandatory Network Outage Reporting Requirements on Submarine Cable Licenses

The Federal Communications Commission (Commission) today adopted  mandatory network outage reporting requirements for submarine cable licensees less than a year after proposing to do so.  This mandatory reporting reflects a significant change from the voluntary submarine cable outage reporting system currently in place.  The new rules will apply to all submarine cable licensees, regardless of … Continue Reading

NTIA Suggests Steps to Expedite Executive Review of Applications for Section 214 and Submarine Cable Act Authority; FCC Seeks Comment

The “Team Telecom” review process of applications involving foreign ownership has long endured a reputation for excessive length and opacity. It appears change may be on the horizon.  The National Telecommunications & Information Administration (NTIA) filed a letter (NTIA Letter) on May 10, 2016 with the Federal Communications Commission (FCC or Commission) requesting the Commission … Continue Reading

FCC Announces March 31 International Circuit Capacity Report Filing Deadline and Update to International Circuit Capacity Report Filing Manual

By Public Notice released February 25, the Federal Communications Commission’s (“Commission” or “FCC”) International Bureau (“Bureau”) reminded filers that the annual Section 43.62 International Circuit Capacity Report (“International Capacity Report”) will be due by the traditional date of March 31.  (Last year, due to the timing of the new manual and implementation of the filing … Continue Reading

United States Government Continues to Take Steps Expanding Opportunities to Serve U.S.-Cuba Telecommunications Routes and Cuban Markets

This is an exciting time to think about deploying communications services to Cuba.  The Federal Communications Commission is (“FCC”) seeking comment on a proposal to eliminate one of the few remaining restrictions on facilities-based switched voice service to Cuba.  This follows FCC actions last month to enable U.S. telecom carriers to provide facilities-based telephone and … Continue Reading

New Telecom Carrier Pole Attachment Rates Will Become Effective March 4

The FCC’s modification to the telecommunications carrier pole attachment rate formula have been published in the Federal Register and are set to take effect on March 4, 2016.  As we reported in December, the FCC issued an Order on Reconsideration modifying the cost allocators to bring parity between the telecommunications and cable attacher rates.  The initial Federal … Continue Reading

Non-Telco Company Agrees to $135,000 Civil Penalty to Settle Investigation into Unauthorized Operations of Wireless Stations

Last week, the Enforcement Bureau of the Federal Communications Commission (“FCC”) announced a $135,000 settlement with Constellium Rolled Products Ravenswood, LLC (“Constellium”) regarding the company’s unauthorized radio station operations, failure to timely file radio station renewal applications, and acquiring private land mobile radio service (“PLMRS”) station licenses without advance FCC approval.  What makes the Constellium consent … Continue Reading
LexBlog