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Keller and Heckman Telecom Business Alert -- Vol. VIII Issue 47

House Introduces Bill To Delay Narrowbanding Deadline By Two Years

Last week, Rep. Steven Rothman (R-NJ) introduced H.R. 3430 that, if enacted, will extend the narrowband deadline for all private land mobile licensees to January 1, 2015. The FCC's current rules require, by January 1, 2013, Industrial/Business and Public Safety Radio Pool licensees in the VHF (150-174 MHz) and UHF (421-512 MHz) bands to be operating on 12.5 kHz or narrower voice channels or employ a technology that achieves the narrowband equivalent of 4800 bits per second per 6.25 kHz of channel bandwidth for data systems. For more information, please contact Wes Wright (202.434.4296;

"We believe it is unlikely this bill will pass and encourage Public Safety and Critical Infrastructure licensees to assume the FCC's current narrowbanding deadlines will stick."
-Wes Wright
Attorney, Keller and Heckman LLP

Court Sets Briefing Schedule In Pole Attachment Appeal

Last week, the U.S. Court of Appeals for the D.C. Circuit issued an Order establishing a briefing schedule in the appeal of the FCC's April 7 Pole Attachment Order. The Coalition of Concerned Utilities (which includes Consumers Energy, Detroit Edison, FirstEnergy Corp., Hawaiian Electric, NSTAR, Pepco Holdings, Inc. and Xcel Energy) is represented by Keller and Heckman and must file its initial Brief with the Court by January 18, 2012 and Reply Brief by March 19, 2012. Consistent with the utility petitioners, the Coalition plans to ask the Court to overturn the FCC's decisions to assert jurisdiction over ILEC attachments and lower the Telecom attachment rate. The date for oral argument has not yet been set. For an update on this proceeding, please contact Jack Richards ( or Tom Magee (

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