Join Partner Steve Augustino and the FCBA’s Internet of Things committee for “Furthering U.S. Drone Operations: An Update on FAA and Spectrum Policy Developments,” a virtual CLE on Monday, June 15th from 3:00  – 5:10 p.m. Steve will moderate the first of two panels. His session,  “Furthering UAS Deployment in U.S. Airspace,” will provide an

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 8, 2020

A draft Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”), if adopted, would clarify the agency’s 2014 rules governing the process state and local governments use to review deployments of new antenna and equipment on existing wireless infrastructure and seek comment on a related proposal concerning excavations for such expansions. The clarifications, which are meant to speed the deployment of 5G infrastructure, largely mirror those sought in a pair of petitions for declaratory ruling filed by the Wireless Infrastructure Association (“WIA”) and CTIA in the fall of 2019. Those petitions allege that despite the 2014 rules, states and localities continue to erect barriers that slow their ability to add new facilities to existing infrastructure. In comments on the petitions, states and localities contend that they are substantially complying with the rules and that any delays are caused by applicants or their contractors. However, the FCC apparently plans to move forward with adopting most, though not all, of the industry group clarification requests.

For those who have been following the FCC over the past three years under Chairman Pai’s leadership, the draft item builds on the agency’s multifaceted effort to pave a clear path for the private sector to deploy 5G technologies. Prior efforts include repurposing low-, mid-, and high-band spectrum for mobile wireless operations, reducing the circumstances under which wireless infrastructure deployments must undergo federal historic preservation and environmental reviews, and preempting states and localities from using review processes to slow the deployment of small cells.

The agency is set to vote on the item at its June 9, 2020, open meeting.


Continue Reading Proposed Wireless Infrastructure Item Clarifies Rules Concerning Local Reviews to Speed 5G Deployments

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 1, 2020

The FCC plans to focus on “bread and butter” issues of broadband deployment and expanding commercial spectrum use at its next meeting, scheduled for June 9, 2020. Specifically, the FCC anticipates adopting final auction procedures for Phase I of the Rural Digital Opportunity Fund (“RDOF”), which will provide up to $16 billion over 10 years to support broadband deployment in rural and other hard-to-serve areas. Rejecting calls for delay during the ongoing COVID-19 pandemic, the FCC would commence the auction on October 29, 2020. The FCC also would address bidding area, performance requirement, and letter of credit issues that drew heated debate at the rulemaking stage. In addition, the FCC anticipates seeking comment on rule changes to expand use of high-band spectrum in the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (“70/80/90 GHz Bands”) to support wireless 5G backhaul and other services. The 70/80/90 GHz Bands proposal is just the latest in a slew of FCC actions designed to open up more spectrum for commercial use, and would seek input on technical and operational rules to avoid interference to incumbent operations. Rounding out the major June items, the FCC plans to clarify key timeframes and criteria for state and local reviews of requests to modify existing wireless infrastructure to remove purported barriers to network improvements.

Covering the gamut of network funding, spectrum resources, and construction, the June meeting items will impact nearly all providers of 5G and other next-generation technologies and deserve close attention. You will find more information on the significant June meeting items after the break:


Continue Reading FCC Plans to Finalize Phase I RDOF Auction Procedures and Explore 5G Use of High-Band Frequencies at June Meeting

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 – May 18, 2020

At its May Open Meeting on May 13, 2020, in addition to items on regulatory fees and broadcaster applications notices, the Commission will consider two spectrum related items designed to further expand wireless broadband opportunities. In a draft Report and Order to transition the 900 MHz Band, the Commission would make six of the ten megahertz between 896-901 and 935-940 MHz available on a paired basis for commercial broadband mobile services while reserving four megahertz for incumbent narrowband communications. The Commission would also establish a transition mechanism based on voluntary negotiations to move narrowband incumbents operations to the lower and upper portions of each sub-band. In a draft Second Report and Order, the Commission would add new Ku- and Ka-Band frequencies for Earth Stations in Motion (“ESIMs”) and allow ESIMs, which have always communicated with geostationary orbit (“GSO”) fixed satellite service (“FSS”) satellites, to also communicate with non-geostationary satellite orbit (“NGSO”) satellites orbiting closer to Earth.

Stakeholders in the 900 MHz and Ku- and Ka-Bands should closely examine these two items and the impact on their business. You will find more information on the key May meeting items after the break:


Continue Reading FCC Plans to Realign 900 MHz Land Mobile Band to Include Commercial Broadband Mobile Licenses and Expand Frequencies Available to Earth Stations in Motion at May Meeting

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 – May 11, 2020

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 – May 4, 2020

As the flurry of coronavirus-related actions continues, the FCC plans to return to “bread and butter” policy areas of spectrum and rural 5G deployment at its next meeting scheduled for April 23, 2020. First, the FCC plans to move forward on its proposal to open up 6 GHz band spectrum (5.925-7.125 GHz) for unlicensed use by smartphones, IoT devices, and other technologies. The FCC would allow standard-power unlicensed operations in certain band segments, subject to controls designed to avoid interference with incumbent microwave, cable, and satellite operators. The FCC also would permit lower-power unlicensed operations across the entire band, but only for indoor uses. Second, the FCC would consider a Notice of Proposed Rulemaking to seek public input on a “5G Fund” offering up to $9 billion over ten years through an auction to support deployment of wireless broadband and voice services in rural and other hard-to-serve areas. The 5G Fund would represent the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund adopted earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed after questions arose about reported coverage data. Finally, the FCC would update its orbital debris mitigation requirements to mandate additional disclosures and incorporate new inter-agency standards.

Running the gamut from rural networks to outer space, the FCC’s April agenda will impact service providers across the industry. Consequently, stakeholders should closely examine the deployment and funding opportunities presented in the FCC’s proposals. You will find more information on the key April meeting items after the break:


Continue Reading FCC Plans to Open Up 6 GHz Band for Unlicensed Use, Propose $9 Billion Rural Mobility Fund, and Address Orbital Debris at April Meeting