Keller and Heckman LLPTelecom Business Alert -- Vol. IX Issue 6: Additional MHzSpectrum Available

Keller and Heckman LLPTelecom Business Alert -- Vol. IX Issue 6: Additional MHzSpectrum Available

Additional 800 MHz Spectrum Available to Critical Infrastructure Licensees

On January 28, the FCC began allowing critical infrastructure entities (oil and gas companies, electric utilities and railroads) to file applications for some 800 MHz spectrum relinquished by Sprint Nextel as a result of rebanding. In 2008, the FCC released a Public Notice making these relinquished 800 MHz channels exclusively available to Public Safety licensees for three years. From January 28, 2012, through January 27, 2014, these channels will be available to Public Safety licensees and Critical Infrastructure entities. After January 28, 2014, any unlicensed spectrum reverts to the general licensing pool. The Public Notice identifies the geographic areas where 800 MHz channels may be available for licensing. Please contact Wes Wright (202.434.4296; wright@khlaw.com) with questions.

"Critical Infrastructure licensees may wish to consider the 800 MHz band as a licensing option while keeping in mind that 800 MHz channels will not be available in all areas."

- Wes Wright

 Attorney, Keller and Heckman LLP 

FCC Seeks Comment on LightSquared Petition for Declaratory Ruling 

On January 27, the FCC released a Public Notice establishing a pleading cycle for a Petition for Declaratory Ruling by LightSquared seeking a ruling from the FCC that GPS devices operating in the Radionavigation Satellite Service band (1559-1610 MHz) are not entitled to interference protection from LightSquared's terrestrial wireless network operating in the adjacent Mobile Satellite Service band (1525-1559 MHz). The Petition also seeks a ruling that LightSquared is not responsible for the costs of ensuring GPS devices can operate without interference. Comments must be filed by February 27 and Reply Comments are due March 13. In the meantime, FCC Chairman Julius Genachowski said the FCC is awaiting NTIA's recommendations based on interference testing before deciding how to proceed with respect to LightSquared. Please contact Greg Kunkle (202.434.4178; kunkle@khlaw.com) with questions.

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