Free Download: Keller and Heckman LLP Telecom Business Alert -- Vol. VIII Issue 31

Free Download: Keller and Heckman LLP Telecom Business Alert -- Vol. VIII Issue 31

Spectrum Auctions may be Part of the Debt Ceiling Solution

As part of his debt reduction plan unveiled last week, Senate Majority Leader Harry Reid (D-Nev) offered legislation to directly allocate D-Block spectrum to first-responders, provided billions of dollars in funding to support a national public safety network and allowed the FCC to auction TV broadcasters' spectrum on a voluntary basis. The bipartisan debt limit/deficit reduction compromise reached yesterday did not include these proposals. The National Association of Broadcasters voiced concerns over Reid's proposal because it did not require the government to pay broadcasters for surrendering unused spectrum for auction. Thus, the auction/re-allocate D-Block debate and the question of whether to auction TV broadcast spectrum remain. Please contact Doug Jarrett (202.434.4180; with questions.

Pole Attachment Filing Deadlines Established

On July 26, 2011, the Commission published a notice in the Federal Register that two Petitions for Reconsideration were filed in the FCC's rulemaking proceeding concerning pole attachments. One Petition was filed by Keller and Heckman on behalf of the Coalition of Concerned Utilities (Consumers Energy, Detroit Edison, FirstEnergy, Hawaiian Electric, NSTAR, Pepco and Xcel Energy). The Coalition's Petition asks the Commission to reduce its make-ready deadlines, limit pole owner liability, ensure pole owner recovery of make-ready expenses, endorse safety violation penalties, limit pole top antennas, ease notification requirements and address joint pole owner concerns. The other Petition was filed jointly by the National Cable and Telecommunications Association, tw telecom and Comptel, seeking even more favorable rates for attachment. Oppositions to the Petitions must be filed with the FCC by August 10, 2011, and Replies are due August 22, 2011. Please contact Jack Richards (; 202.434.4210) or Tom Magee (; 202.434.4128) with questions.

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