WIRELESS BROADBAND

Federal Communications Commission (FCC) regulation of spectrum-based services is in a state of flux, as the FCC and Congress try to rationalize the varied regulatory requirements for voice, video, and data services offered over different communications platforms.

PattonBoggs’ TechComm group represents wireless broadband service providers, spectrum licensees, and device manufacturers to navigate the range of increasingly complex licensing, leasing, regulatory compliance, enforcement, and policy matters before the FCC, USAC, RUS, NRAO, FAA, FTC, NTIA, and State Public Service Commissions.

Examples of regulatory compliance matters include:

• Helping service providers determine the regulatory status and corresponding regulatory treatment for broadband data, voice (VoIP), and video services.
  
  
• Developing approaches to address regulatory requirements, including E911, disability access, Universal Service reporting and contributions, Communications Assistance to Law Enforcement Act (CALEA), Customer Proprietary Network Information (CPNI), broadband reporting, number portability, and annual regulatory fees.
  
  
• Helping Internet Service Providers (ISPs) to understand and comply with regulations pertaining to privacy, data security, intellectual property (IP) rights, pornography, and consumer protection.
  
  
• Drafting privacy policies, acceptable use policies, and customer terms of use for web-based services. Auditing websites for compliance with all state and federal requirements. Assisting with responses to government subpoenas for customer information.
  
  
• Assisting spectrum licensees and lessees with FCC regulatory compliance matters, including federal licensing and state certification, substantial service requirements, relocation of incumbents, license renewals, foreign ownership counseling, ownership reports, license assignments and transfers, and spectrum lease applications.
  
  
• Helping potential bidders in FCC auctions to understand and influence the spectrum auction rules through the FCC rulemaking process, anti-collusion advice, license analysis and advice, auction applications, Designated Entity (DE) structuring and compliance, auction participation, and post-auction license applications.
  
  
• Assisting business and industry to influence the outcome of rulemaking proceedings that impact the wireless industry in order to advance business objectives.
  
• Responding to complaint and enforcement actions (such as responding to Section 208 complaints, letters of investigation, opposing FCC Notices of Liability, and reaching settlement agreements with the FCC).

The TechComm group also is highly skilled in every type of transaction that wireless broadband service providers undertake to deploy service, including spectrum acquisitions, spectrum leases, tower and site leases, collocation agreements, interconnection agreements, microwave relocation agreements, roaming agreements, backhaul agreements, partnering agreements, joint build and construction agreements, wholesale access agreements, and customer agreements