As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business and the communications industry. Click on the “COVID-19” blog category for previous updates.

If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Communications Service Providers Need to Know – June 29, 2020

One of the central issues in any spectrum sharing environment is the ability to enforce compliance with the regulations governing operation of the devices in the band, particularly the operation of secondary devices sharing spectrum on a non-interference basis with primary services. This is equally the case when new categories of unlicensed users gain access to share a band with incumbent operators. Currently, the exploration of what spectrum bands the federal government may be able to make available for access by private sector broadband providers and users, whether as a result of spectrum sharing or band clearing, has assumed center stage among policy makers. Last week’s meeting of the Commerce Spectrum Management Advisory Committee (CSMAC) underscored the importance of rule enforcement when maximizing access to spectrum and the need for trust and confidence among users in a spectrum sharing environment.

At the end of September, the Federal Communications Commission (FCC) took several coordinated steps to enhance the better operation of a spectrum sharing framework adopted several years ago. Terminal Doppler Weather Radars (TDWRs) maintained by the Federal Aviation Administration (FAA) operate at airports in the 5600-5650 MHz band to obtain a variety of data used in real time by aviation operations, such as gust fronts, wind shear, and microbursts. The band is also used by wireless ISPs operating IEEE-802.11a devices on an unlicensed, non-interference basis as part of the Unlicensed National Information Infrastructure (U-NII) framework.

On September 27, the Commission issued an enforcement advisory (Advisory) directed to not just wireless ISPs operating U-NII equipment in the 5600-5650 MHz band, but to manufacturers, retailers, and marketers of U-NII devices. The multi-faceted target audience serves as a reminder that FCC enforcement actions to preserve the viability of sharing frameworks, especially when they involve unlicensed operations, will not be limited to the persons or entities operating the radio devices.


Continue Reading FCC’s U-NII Advisory and Enforcement Actions Underscore Potential Growing Pains of Spectrum Sharing by Unlicensed Devices