Patton Boggs TechComm Industry Update - October 29, 2010

    29 October 2010

    Net Neutrality, Open Internet – Much Activity, Little Progress

     

    In recent weeks, it became clear that despite much activity on legislation and industry-conceived-rules that would govern net neutrality and an open Internet, no real progress would be made. For the moment, the issue resides, once again, with the Federal Communications Commission (FCC).   

     

    The adverse decision in the Comcast - BitTorrent case undermined the FCC’s ability to impose net neutrality requirements on broadband providers under the FCC’s Title I “ancillary authority.” In BitTorrent, the Court concluded that the FCC did not have “any express statutory delegation of authority” to stop Comcast’s network management practices. In the wake of that decision, months of work was undertaken in Washington on net neutrality issues at the FCC (including consideration of the “Third Way” proposal and working with industry stakeholders on an open Internet framework), in Congress (Congressman Waxman, chairman of the House Committee on Energy and Commerce tried to advance legislation that would provide a temporary 2-year solution) and among industry stakeholders (including AT&T, Google, Skype, Verizon, NCTA and the Open Internet Coalition) who tried to conceive an industry solution that would form the basis for either a legislative or a regulatory solution.

     

    The FCC currently has a docket open to consider net neutrality and open Internet issues, and is seeking reply comments by November 4, with respect to how to apply open Internet principles to wireless services and specialized services. It is possible, but not likely, that net neutrality may be raised again by legislators during the upcoming lame duck Congress.

     


     

    NTIA Recommends Two Spectrum Bands for Wireless Broadband Use

     

    In a just-issued report to the FCC, NTIA is recommending reallocation of 115 MHz of spectrum from federal to civilian use. Only 15 MHz of the spectrum is located below 2.5 GHz. Most of the spectrum recommended for reallocation is above 3.5 GHz. The full report is not yet publicly available.

     

    In a recent speech, NTIA Administrator Larry Strickland said that the report recommends reallocation of 1695-1710 MHz, which currently provides weather satellite downlinks. Carriers could use that spectrum with the AWS-3 band to provide broadband. Carriers were hoping that NTIA would reallocate 1755-1780 MHz for use with AWS-3. However, NTIA claims this reallocation will take some time. The report also recommends the reallocation of 3550-3650 MHz, which is part of the military band that serves high powered air and sea radar systems. Another 40 MHz of spectrum from the 4200-4400 MHz band was also suggested but that spectrum can only be reallocated through interface with the World Radiocommunication Conference.

     

     



    FCC Proposes Creation of Mobility Fund

     

    At its meeting on October 14, the FCC took action to create a new Mobility Fund. The notice of proposed rulemaking (NPRM) is aimed at furthering a key recommendation of the FCC’s National Broadband Plan, calling for one-time support to close gaps in mobile wireless service.

     

    According to the FCC, mobile wireless providers have expanded and upgraded their networks so that third generation (3G) services are now widely available. But, the FCC said millions of Americans still live, work and travel in areas where 3G services are unavailable. The Mobility Fund proposed in the NPRM is designed to help improve coverage in these areas for current-generation or better mobile wireless service (which may include fourth generation (4G) mobile broadband service).

     

    The NPRM proposes:

    • To use $100 million to $300 million from the USF to create the Mobility Fund;
    • To identify the areas unserved by 3G mobile wireless services; and
    • To use a reverse auction – in which the potential providers of services in identified areas without 3G service compete for support from the Mobility Fund by proposing the lowest amount of USF support they would require to serve areas that are currently unserved – to determine which providers get support, which specific geographic areas will receive support, and at what levels.

     

    Many more issues are ripe for comment in the proceeding, including whether only eligible telecommunications carriers (ETC’s) are eligible to apply. Comments are due 45 days after publication of the NPRM in the Federal Register and reply comments are due 75 days after publication.

     


     

    Mobile Phone “Bill Shock” Rules

     

    The FCC has proposed new rules that would require mobile service providers to provide usage alerts and related information to assist consumers in avoiding unexpected charges on their bills. The proposed rules would give consumers alerts, tools and information to assist in making decisions about their mobile plans.

     

    The FCC stated that mobile “bill shock” is a growing challenge for consumers. According to an April-May 2010 FCC survey, 30 million Americans, one in six mobile users, have experienced “bill shock.”  The FCC is proposing rules that would require mobile companies to provide consumers with simple alerts before and when they incur overages. The FCC proposes that consumers be provided with baseline information that would allow them to control their mobile costs, including:

    • Over-the-Limit Alerts: The FCC’s proposed rules would require customer notification, such as voice or text alerts, when the customer approaches and reaches monthly limits that will result in overage charges.
    • Out-of-the-Country Alerts: The FCC’s proposed rules would require mobile providers to notify customers when they are about to incur international or other roaming charges that are not covered by their monthly plans, and if they will be charged at higher-than-normal rates.
    • Easy-to-Find Tools: The FCC’s proposed rules would require clear disclosure of any tools offered by mobile providers to set usage limits or review usage balances. The FCC is also asking for comment on whether all carriers should be required to offer the option of capping usage based on limits set by the consumer.

     

    The NPRM also seeks comment on whether smaller providers and/or prepaid services should be exempted from these requirements or allowed extra time to implement them. Comments are due 30 days after publication of the NPRM in the Federal Register and reply comments are due 60 days after publication.

     



    Wireless Location Accuracy Rules Approved

     

    The FCC adopted updated new wireless location accuracy rules for carriers. Under the order, wireless carriers will be required to share caller location accuracy and reliability data with 911 centers in order to identify any problems associated with E-911 service. The FCC also released a further notice of proposed rulemaking (FNPRM) and notice of inquiry (NOI) pertaining to E911 service for voice over Internet protocol (VoIP) and an NPRM on additional wireless requirements. Comments are due 60 days after publication of the NPRM in the Federal Register and reply comments are due 90 days after publication.

     


     

    FCC Invites Comment on Wireless Backhaul Issues

     

    The FCC released an NPRM and NOI inviting comment on the use of spectrum for wireless backhaul. This proceeding comes out of the FCC’s National Broadband Plan and is particularly important because there is an increasing demand for backhaul to support new wireless operations.

     

    In the NPRM, the FCC proposes to make 750 MHz of additional spectrum available for fixed microwave services, including wireless backhaul, by allowing these services to share spectrum in the 6875-7125 MHz and 12700-13200 MHz bands with other services. The FCC also would allow a licensee to operate temporarily below minimum payload capacity requirements, under certain circumstances, in order to maintain critical communications. In addition, under the new rules, microwave licensees would be permitted to operate auxiliary stations on the same frequency as the main microwave link. This would allow a company to use one frequency to send information from multiple locations to a single central point, subject to certain limitations – including that the auxiliary stations operate on a secondary basis to certain other licensed services.

     

    In the NOI, the FCC asked for input on relaxing efficiency standards in rural areas, permitting smaller antennas, and considering other changes to promote flexible, efficient and cost-effective provisions of wireless backhaul service. Reply comments are due by November 22.

     


     

    Comment Sought on Petitions for Reconsideration of Pole Attachment Order

     

    The FCC invites comment on petitions for reconsideration filed in response to its recent pole attachment order. In the order, the FCC indicated that communications providers have the right to use the same space- and cost-saving techniques used by pole owners, such as placing attachments on both sides of the pole, and that attaching entities have the right to timely access poles. The pole attachment proceeding is part of the FCC’s efforts to implement the National Broadband plan.

     

    The petitions were filed by utilities and cable providers and raise a number of issues, including: (1) pole replacement versus utilization of existing infrastructure; (2) nondiscrimination; (3) boxing, bracketing and extension arm techniques; (4) jointly-owned poles; and (5) the FCC’s authority to adopt the rules in the order. Oppositions to the petitions are due November 1 and replies are due November 12.

     


     

    Commerce Department Review of Online Copyright Protection and Innovation in the Internet Economy

     

    The U.S. Department of Commerce (DOC) has published a notice of inquiry requesting comment on the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The prevalence of online copyright infringement is the primary motivation for this inquiry, which seeks an updated understanding of stakeholders’ experiences and asks a series of questions under the following main headings: (1) Rights Holders: Protection and Detection Strategies for Online Infringement; (2) Internet Intermediaries: Safe Harbors and Responsibilities; and (3) Internet Users: Consumers of Online Works and User-Generated Content.

     

    The DOC asks: (i) What restrictions are there on the global free flow of information on the Internet due to government laws or regulations?; (ii) What are the economic impacts of government restrictions on the free flow of information?; and (iii) Are there alternatives to government-mandated restrictions on the flow of information on the Internet that can realize legitimate policy objectives? The DOC’s Internet Policy Task Force will use responses to the NOI to prepare a report evaluating current challenges to protecting online copyrighted works and to sustaining robust information flows. Comments are due by November 19.

     


     

    Broadband Stimulus Award Deadline Reached

     

    The September 30 deadline for announcement of broadband awards under the American Recovery & Reinvestment Act (ARRA) has now come and passed with Department of Commerce’s National Telecommunications and Information Administration (NTIA) awarding a total of nearly $4 billion in grants under its Broadband Technology Opportunities Program (BTOP) and the Department of Agriculture’s Rural Utilities Service (RUS) issuing loans and grants totaling $3.5 billion under the Broadband Initiative Program (BIP). NTIA awarded its final grants a few days ahead of the deadline, including its largest grant of $154.6 million to fund the Los Angeles 700 MHz public safety network. NTIA also noted that BTOP will pay for broadband connections for 24,000 “anchor institutions,” such as schools, libraries and hospitals.

     

    RUS said that the $2.5 billion in ARRA funding supported grants and loans totaling $3.5 billion for over 300 broadband infrastructure projects in 46 states. Congratulations to Patton Boggs clients DigitalBridge Communications, a wireless broadband service provider based in Ashburn, Virginia, on being awarded a total of $4.6 million in grants and loans, and Wake Forest University for being awarded $926,537 for the expansion of its WinstonNet public computer centers located in Forsyth County, North Carolina.

     

    There are reports that a number of rural telephone companies have elected to decline their awards, citing unacceptable terms and the uncertainty of future Universal Service Funds. RUS stated in press reports that fewer than 10 of the 300 recipients had turned down stimulus awards, but it is unclear what dollar amounts are involved and what will happen to any money that is not ultimately accepted.

     

    The challenge for ARRA award recipients now will be meeting complex compliance, performance and reporting obligations. Strict requirements have been mandated by the government and meeting them will be no minor task. The Patton Boggs TechComm Practice, together with our government contracts compliance team, has been working with NTIA and RUS from the start of the ARRA program and we are assisting clients that have received awards with ongoing implementation, contracting and compliance issues. If you have received a grant or loan from NTIA or RUS and need assistance with your reporting, contracting or compliance obligations, please call us.

     


      

    Senate Hearing Examines 700 MHz & Public Safety Issues

     

    Last month, the Senate Commerce Committee listened to testimony from public safety officials as Committee Chairman Senator Jay Rockefeller (D-WV) sought to advance his bill (S-3756) that would give (instead of auction) an additional 10 MHz of the 700 MHz D-block spectrum to public safety and fund a buildout of the network from incentive auctions of broadcaster spectrum. The FCC had been supporting an auction of the spectrum, but has recently assumed a more neutral stance, which Sen. Rockefeller noted with optimism.  

     

    In the hearing, Ranking Member Kay Bailey Hutchison (R-TX) said she would support a direct allocation of the spectrum, in lieu of an auction, to build a nationwide public safety network. Her announcement gives a significant boost to Sen. Rockefeller’s legislation. Hutchison also wants to explore the viability of a commercial partnership. She asked witnesses at the hearing if a pre-emptive clause giving first-responders priority over a commercial network would be sufficient to meet their needs. Public safety officials testifying said it would fall short.

     

    The FCC proposal, as outlined in the National Broadband Plan, calls for building a national broadband network for public safety agencies using 10 megahertz of spectrum from the FCC, along with additional spectrum public safety officials already control. Proceeds from the D-block auction would be used to address capacity needs over the portion allotted to the network by the FCC. There is dispute among public safety groups about whether 10 MHz is enough. Senator Mark Warner (D-VA), disputed the notion that a stand-alone public safety network is best, saying it will cost too much and will always trail behind the private sector in using the best technology.

     


     

    FCC Opens TV “White Spaces” for Broadband

     

    Bringing to a conclusion a proceeding that commenced in 2002, the FCC adopted rules that will open the door to the manufacture and deployment of broadband wireless devices last month in the “white spaces” on unutilized TV channels. The new wireless devices will operate in the broadcast television frequency bands at 54-60 MHz (TV channel 2), 76-88 MHz (TV channels 5 and 6), 174-216 MHz (TV channels 7-13), 470-608 MHz (TV channels 14-36) and 614-698 MHz (TV channels 38-51). Described by Chairman Genachowski and others as “Wi-Fi on steroids,” the new TV band devices will have greatly improved signal propagation over existing Wi-Fi, with the ability to cover far greater distances and to penetrate walls and foliage.

     

    The order is expected to spur the development of TV band broadband devices and services, with the new devices relying on a nationwide database (under development by the FCC’s Office of Engineering & Technology) to determine available spectrum in any market, rather than requiring the incorporation of sensing technology to determine that channels are unoccupied. This aspect is seen as a major win for white space advocates, as it will greatly reduce equipment costs and speed deployment.

     

    The movement to make white-space spectrum available for wireless broadband had drawn support from an array of advocacy groups and high-tech firms, including Google, Microsoft, Dell and Motorola.

     

    An immediate beneficiary of the order could be rural communities that would be able to serve homes, businesses and anchor institutions throughout a significant geographic area without the need to string wire or lay fiber. One rural town, Claudville, Virginia, has been testing TV band wireless broadband for nearly a year with, reportedly, great results. The order may also reinvigorate some larger community efforts where municipal Wi-Fi initiatives have languished or failed, such as those in Chicago, Philadelphia and Houston. Other uses for this spectrum may come from smart grid applications promoting the development of advanced metering devices and home appliance controls.

     


     

    Spectrum Inventory Legislation

     

    Senators Olympia Snowe (R-ME) and John Kerry (D-MA) have introduced legislation to overhaul commercial broadcast spectrum laws, beginning with a comprehensive spectrum inventory and implementing incentives to increase efficiency and reuse of spectrum.

     

    According to their joint press release, “the bill requires greater collaboration between the FCC and NTIA on spectrum policy and management related issues, implementation of spectrum sharing and reuse programs, as well as more market-based incentives to promote efficient spectrum use; and, sets a deadline for the creation of the National Strategic Spectrum Plan, which will provide a long-term vision for domestic spectrum use and strategies to meet those needs.”

     

    Meanwhile the FCC notified its Congressional Authorizers that it was moving forward with a spectrum inventory plan of its own. The House passed legislation to inventory spectrum in April, sponsored by Commerce Committee Chairman Henry Waxman (H.R. 3125), but the Senate has not taken action on companion legislation (S. 625 sponsored by Sen. Kerry) since it passed out of Committee in March.

     



    FCC Approves Pair of Spectrum Rule Changes

     

    In September, the FCC decided to revise its rules governing terrestrial fixed wireless service to allow licensees to operate channels with bandwidths as wide as thirty megahertz in the Upper 6 GHz sub-band. Current rules governing the Upper 6 GHz sub-band (6525-6875 MHz) only allow channels that are a maximum of ten megahertz wide. The new rules will allow for wider channels but will first require that that a 30 megahertz channel suitable for the applicants use is not available in the Lower 6 GHz sub-band (5925-6425 MHz). The FCC cited the expanded use of the entire 6 GHz band, increased congestion of the Lower 6 GHz sub-band, and the existence and cumbersome nature of the waiver process for applicants seeking permission to operate wider channels in the Upper 6 GHz sub-band in its decision.

     

    The FCC also approved changes to its conditional authority rules for the 23 GHz band. Currently, the FCC permits license applicants on four channel pairs (21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, and 21.975/23.175 GHz) to begin operating on a channel as soon as an application is filed with the FCC and only if required conditions are met. Under the FCC’s order, two more channel pairs in the 23 GHz band, 22.025/23.225 GHz and 22.075/23.275 GHz, will now be eligible for conditional authority use.

     

    Because commercial entities and the federal government share in the use of the channels in question, NTIA’s approval of the rule change was required and granted by the Administration. The FCC believes the change will allow for faster utilization of short measure links.

     


     

    FCC Takes Action on CableCARD Rules – Table Set For “AllVid”

     

    The FCC issued a third report and order (R&O) in the long-pending CableCARD proceeding to “promote innovation and consumer choice in the video device marketplace.” The CableCARD is a PC card designed to provide access to cable programming on televisions, computers and digital video recorders without a separate set top box. However, the CableCARD R&O is seen as an interim step that wraps up that proceeding while the FCC considers new rules for the FCC’s “AllVid” initiative.  

     

    AllVid, essentially a replacement for CableCARD, would allow consumers to buy smart video devices that can access all multichannel video programming services, including cable, satellite and Internet television and enable them to change service providers without a service-specific set top box and without replacing the video devices. An AllVid item on gateway devices is expected to be voted on at a FCC meeting in the near future, perhaps as soon as December. Supporters of AllVid, including Google and many manufacturers of consumer electronics, will likely face opposition from cable and satellite TV service providers as well as the Motion Picture Association of America, which has expressed concerned about video security.

     


     

    Comcast – NBCU Merger

     

    Consideration of the Comcast – NBC Universal (NBCU) merger transaction continues to cycle through Washington. All pleadings in the transaction have now been filed. The FCC and Department of Justice (DOJ) are examining the pleadings, along with a great number of documents produced by Comcast and NBCU and will determine whether the merger is in the public interest and is compliant with applicable antitrust law. FCC and DOJ action on the applications is expected in late 2010 or early 2011. 

     

    For the past several months, the Patton Boggs TechComm Practice has been engaged in the proposed merger of Comcast and NBCU, representing the interests of a diverse group of clients that includes Bloomberg Television, WealthTV, the Communication Workers of America, the National Coalition of African American Owned Media, and FACT, a coalition of rural telephone organizations representing 700 telcos. These interests have voiced concerns about the transaction, which would combine the nation’s largest cable and broadband operator with one of the country’s biggest content producers. The merger would create the largest media conglomerate in the history of the nation placing interests in 54 cable channels, broadcast networks NBC and Telemundo, online properties and film studios in the hands of Comcast, which provides cable service to over 25 million homes and broadband service to 19 million homes.

     


     

    Senate Passes Commercial Advertisement Loudness Mitigation (CALM) Act (S.2847)

     

    The Senate has passed by unanimous consent an amended version of the Commercial Advertisement Loudness Mitigation (CALM) Act (S.2847). The bill, which was introduced by Senator Sheldon Whitehouse (D-RI) on December 8, 2009 and approved by the Senate Commerce Committee on June 9, 2010, would require the FCC to prescribe regulations to preclude commercials from being broadcast at louder volumes than the program material they accompany. The House of Representatives passed a similar bill, also named the CALM Act (H.R.1084), on December 15, 2009. That bill was introduced by Rep. Anna Eshoo (D-CA) on February 13, 2009. The bill passed by the Senate contains some differences, however, and the House will have to reconsider and vote again on the bill, perhaps when members return in November from recess.

     


     

    FTC Approves Cablevision Systems Acquisition of Bresnan Communications

     

    The Federal Trade Commission has approved the acquisition of Bresnan Communications by Cablevision Systems, a transaction valued at $1.365 billion. Bresnan is the nation’s 13th largest broadband telecommunications provider in the country, serving more than 320,000 customers in Colorado, Montana, Wyoming and Utah. Bresnan Communications is owned by Providence Equity Partners.  

     

    The Bresnan acquisition prompted another rural telecom provider owned by a private equity group to move to auction. Hargray Communications, owned by Quadrangle Group L.L.C. – a P.E. Firm also holding a minority stake in Bresnan Communications – announced that it was for sale. Hargray serves 30,000 customers in South Carolina and Georgia. The company is hoping to fetch $400 million in the sale.

     


     

    Boucher-Terry Universal Service Fund Reform Act Introduced

     

    Telecommunications Subcommittee Chairman Rick Boucher (D-VA) and Ranking Member Lee Terry (R-NE) introduced their Universal Service Reform Act of 2010. The Act has gained wide support from industry groups and telephone companies. The bill would develop a new cost model for universal service support, limit universal service support in competitive areas, change to competitive bidding for wireless carriers, and reform Intercarrier Compensation. The first hearings on the bill were held in mid-September and further hearings are expected during the lame-duck session in November. Despite some questions from House Commerce Committee Ranking Member Joe Barton (R-TX) and a request for another hearing, Rep. Terry has said that he is confident the USF reform legislation would be voted out of committee by the end of 2010. Mr. Terry’s GOP colleagues have raised concerns, however, about the bill not containing a cap on the fund.

     


     

    FCC Gives E-Rate an Overhaul

     

    The FCC recently took steps to modernize and upgrade the E-rate program in an effort to bring faster Internet connections to schools. The FCC also indexed the fund to inflation, which means its annual cap of $2.25 billion will be increased for the first time in the fund’s history. The order also allows schools and libraries to use E-rate funds for the lease of dark fiber for broadband access and after-hours community usage. One element of concern to some Patton Boggs’ clients was a proposal to disallow funding of web-hosting. The Patton Boggs TechComm Practice actively challenged that proposal and was successful in making the FCC recognize the importance of websites as a vital communication tool for schools and preserving funding eligibility.    


     

    Rural Health Care Pilot Program Proposals Released

    To date, 48 of the 68 participants who were approved to participate in the Rural Health Care Pilot Program have published requests for proposals (RFPs) on the Universal Service Administrative Company’s (USAC) website, seeking vendors and service providers to assist them in building broadband networks to support rural health care. Of the RFPs, the ones below were most recently posted to USAC’s Website. Participants must wait at least 28 days before entering a contract date with a vendor.

     

       

    Applicant

    Location

    Date Posted

    Allowable Contract Date

    Health Information Exchange of Montana

    Montana

    9/30/2010

    10/28/2010

    Greater Minnesota Telehealth Broadband Initiative

    Minnesota

    North Dakota

    9/22/2010

    10/20/2010

    Oregon Health Network (RFP #10)

    Oregon

    9/13/2010

    10/11/2010

    Communicare

    Kentucky

    9/10/2010

    10/8/2010

    Association of Washington Public Hospital Districts

    Washington

    8/23/2010

    9/20/2010

    Bacon County Health Services, Inc.

    Georgia

    8/12/2010

    9/9/2010

    Illinois Rural HealthNet Consortium (RFP #6)

    Illinois

    8/2/2010

    8/30/2010

    Pacific Broadband Telehealth Demonstration Project (RFP #2)

    Hawaii

    American Samoa

    Guam

    7/27/2010

    8/27/2010

    Pacific Broadband Telehealth Demonstration Project (RFP #1)

    Hawaii

    American Samoa

    Guam

    7/16/2010

    8/13/2010

    North Carolina Telehealth Network

    North Carolina

    7/14/2010

    8/11/2010

    Pennsylvania Mountains Healthcare Alliance

    Pennsylvania

    6/15/2010

    7/13/2010

     

    Please contact us for more information about these opportunities.

     


     

    Harman Bill Spurs Innovation, Competition for Next-Generation Mobile Communications for First Responders

     

    Representative Jane Harman (D-CA) has introduced the Next Generation Public Safety Device Act of 2010 to require the NTIA to conduct a competition to award grants for the development of non-stationary radio over Internet protocol devices that support mission-critical broadband voice and data communications of public safety personnel.

     

    Rep.Harman said she introduced the bill to help first responders who, a decade after 9/11, still do not have the communication tools they need to support their mission. She said the public safety device market is a monopoly and there are two reasons for lack of competition: “[F]irst, this particular market is relatively small, and second, the device requirements are unique.” To solve the problem, the bill authorizes $70 million for a research and development grant program to build devices that support data, video and voice communications.

     

    The bill is reportedly endorsed by the Association of Public-Safety Communications Officials, the Fraternal Order of Police, the National Emergency Numbers Association and telecommunication carriers including Sprint and the Rural Cellular Association. The bill has been referred to the House Committee on Energy and Commerce.

     


     

    The FCC’s National Broadband Plan Scorecard

     

    Of the FCC’s 2010 agenda for the National Broadband Plan, the FCC has completed nearly 60 percent of its 61 action items. Action is proceeding on four fronts:  (1) promote world-leading mobile broadband; (2) accelerate universal broadband access and adoption; (3) foster competition and maximize consumer benefits; and (4) advance robust and secure public safety communications networks. The below details items that are complete and open items.

     

    Promote World-Leading Mobile Broadband

     

    Completed items:

    o                    Spectrum Dashboard 1.0

    o                    Launch Spectrum Task Force

    o                    Mobile Roaming Order and FNPRM 

    o                    Launch Strategic Spectrum Plan and Triennial Assessment

    o                    2.3 GHz WCS/SDARS Order  

    o                    Spectrum Sharing/Wireless Backhaul NRPM/NOI

    o                    TV White Spaces Opinion & Order   

    o                    MSS NPRM

    To do list:

    o                    D Block Order/NPRM

    o                    AWS Band Analysis

    o                    Opportunistic Use of Spectrum NPRM

    o                    Broadcast TV Spectrum Innovation NPRM

    o                    AWS Potential Order  

    o                    Secondary Markets Internal Review

    o                    Spectrum Dashboard 2.0

    o                    Recommendation re: Contiguous Unlicensed Spectrum Proceeding  

    o                    Experimental Licensing NPRM

     

    Accelerate Universal Broadband Access and Adoption

     

    Completed items:

                o                    Launch Public/Private Partnership to Maximize Broadband Use by Small Businesses

                o                    USF Reform NPRM and NOI 

                o                    Lifeline/Low-Income Joint Board Referral Order  

                o                    E-Rate FY2011 NPRM 

                o                    USF Merger Commitments Order  

                o                    Lifeline Pilot Roundtable  

                o                    FCC/FDA Workshop and PN on Converged Devices 

                o                    Launch FCC Office of Native Affairs and Policy 

                o                    FCC-Native Nations Broadband Task Force

                o                    Mobility Fund NPRM   

                o                    Hearing Aid Compatibility Second Report and Order/FNPRM

                o                    E-Rate FY2011 Order  

                o                    Rural Health Care Reform

                o                    Establish Accessibility and Innovation Forum 

    To do list:

    o                    Lifeline Flexibility NPRM

    o                    Real-Time Text NOI

    o                    Spectrum on Tribal Lands NPRM  

    o                    USF Transformation NPRM  

    o                    Intercarrier Compensation NPRM  

    o                    USF Contributions NPRM  

    o                    Real-Time Text NPRM 

    o                    Internet Video and Device Accessibility NOI

     

    Foster Competition and Maximize Consumer Benefits

     

    Completed items:

    o                    Consumer Broadband Speed Test

    o                    Mobile Broadband Speed Test Application

    o                    Mobile Wireless Competition Report  

    o                    Pole Attachments Order and FNPRM 

    o                    Small Business Broadband and Wholesale Competition Public Notice 

    o                    Special Access Workshop    

    o                    CableCARD NPRM  

    o                    Smart Video Devices NOI  

    o                    Launch Technical Advisory Group on Speed and Performance   

    o                    Launch Speed and Performance Measurement Program

    To do list:

    o                    Interconnection Clarification Order 

    o                    Rights-of-Way Task Force  

    o                    Special Access NPRM    

    o                    Transparency and Disclosure NPRM

    o                    Small Business Broadband and Wholesale Competition NOI 

    o                    Smart Video Devices NPRM

    o                    Broadband Data NPRM

     

    Advance Robust and Secure Public Safety Communications Networks

     

    Completed items:

    o                    700 MHz Waiver Petitions    

    o                    ERIC Public Safety Interoperability Order 

    o                    Cybersecurity Certification NOI    

    o                    Survivability NOI    

    o                    Service Outage and Homeland Security Workshop

    o                    Critical Infrastructure and Public Safety Workshop

    o                    Location Accuracy FNPRM

    o                    NG 911 NOI 

    To do list:

    o                    Public Safety Roaming and Priority Access NPRM   

    o                    D Block Order/NPRM

    o                    700 MHz Public Safety Order/FNPRM

    o                    Back-Up Power NOI 

    o                    Service Outage and Homeland Security NPRM 

     

     

     

     

    If you have any questions about the foregoing or if you require additional information, please contact:

     

    PATTON BOGGS TECHCOMM PROFESSIONALS -



    Carly T. Didden
    202-457-6323

    cdidden@pattonboggs.com

     

    Jennifer A. Cetta
    202-457-6546

    jcetta@pattonboggs.com

     

    Ryan W. King
    202-457-5312

    rking@pattonboggs.com