BloostonLaw Telecom Update Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP [Selected portions reproduced here with the firm's permission.] www.bloostonlaw.com | Vol. 12, No. 17 | April 29, 2009 |
FCC Announces Tentative Agenda For May 13 Open Meeting Acting FCC Chairman Michael J. Copps has circulated the following items for consideration by his fellow Commissioners as the tentative agenda for the next open Commission meeting scheduled for Wednesday, May 13, 2009: 1. Internet Protocol (IP)-Enabled Services A Report and Order on discontinuance requirements for interconnected VoIP providers. 2. Local Number Portability A Report and Order on the local number portability porting interval for wireline-to-wireline and intermodal port requests. 3. Fiscal Year 2009 Regulatory Fees A Notice of Proposed Rulemaking and Order on the assessment and collection of regulatory fees for Fiscal Year 2009. In addition, FCC staff will present a status report on the Digital Television (DTV) transition 30 days from the June 12 deadline and an action plan for helping consumers navigate the end of full-power analog broadcast service. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. *** President Obama has formally nominated FCC Commissioner Jonathan Adelstein to be Administrator of the Rural Utilities Service (RUS). |
INSIDE THIS ISSUE • RUS sets June 19 window for FY 2009 community connect grant program. • FCC sets “unassigned” BRS auction for October 29. • NTIA publishes final FONSI for PSIC grant program. • FCC announces annual adjustment of revenue thresholds. • Iowa Telecom seeks waiver of Section 61.41 “all or nothing” rule regarding acquisitions. |
RUS Sets June 19 Window For FY 2009 Community Connect Grant Program The Rural Utilities Service (RUS) has announced the fiscal year (FY) 2009 application window for its Community Connect Grant Program. You may submit completed applications for grants on paper or electronically according to the following deadlines: Paper copies must carry proof of shipping no later than June 19, 2009, to be eligible for FY 2009 grant funding. Late applications are not eligible for FY 2009 grant funding. Electronic copies must be received by June 19, 2009, to be eligible for FY 2009 grant funding. BloostonLaw is available to assist clients with preparing applications for Community Connect grants. 1. Funding Opportunity: The purpose of the Community Connect Grant Program is to provide financial assistance in the form of grants to eligible applicants that will provide currently unserved areas, on a “community-oriented connectivity'' basis, with broadband transmission service that fosters economic growth and delivers enhanced educational, health care, and public safety services. Rural Utilities Service will give priority to rural areas that it believes have the greatest need for broadband transmission services, based on certain criteria. Grant authority will be used for the deployment of broadband transmission service to extremely rural, lower-income communities on a “community-oriented connectivity'' basis. 2. Award Information: $13,406,000 is available for grants. The Administrator has established a minimum grant amount of $50,000 and a maximum grant amount of $1,000,000 for FY 2009. 3. Eligibility Information: Only entities legally organized as one of the following are eligible for Community Connect Grant Program financial assistance: a. An incorporated organization,
b. An Indian tribe or tribal organization, as defined in 25 U.S.C. 450b(b) and (c),
c. A State or local unit of government,
d. A cooperative, private corporation or limited liability company organized on a for-profit or not-for-profit basis. Note: Individuals are not eligible for Community Connect Grant Program financial assistance directly. Applicants must have the legal capacity and authority to own and operate the broadband facilities as proposed in its application, to enter into contracts and to otherwise comply with applicable federal statutes and regulations.
4. What are the basic eligibility requirements for a project? A. Grant applicants must demonstrate a matching contribution, in cash or in kind (new, non-depreciated items), of at least 15 percent of the total amount of financial assistance requested. Matching contributions must be used for eligible purposes of Community Connect grant assistance. B. To be eligible for a grant, the Project must: a. Serve a Rural Area where Broadband Transmission Service does not currently exist, to be verified by Rural Development prior to the award of the grant;
b. Serve one Community recognized in the latest U.S. Census or the latest version of the Rand McNally Atlas;
c. Deploy Basic Broadband Transmission Service, free of all charges for at least 2 years, to all Critical Community Facilities located within the proposed Service Area;
d. Offer Basic Broadband Transmission Service to residential and business customers within the proposed Service Area; and
e. Provide a Community Center with at least 10 Computer Access Points within the proposed Service Area, and make Broadband Transmission Service available therein, free of all charges to users for at least 2 years.
5. Funding Restrictions: A. Eligible Grant Purposes Grant funds may be used to finance: a. The construction, acquisition, or leasing of facilities, including spectrum, to deploy Broadband Transmission Service to all participating Critical Community Facilities and all required facilities needed to offer such service to residential and business customers located within the proposed Service Area; b. The improvement, expansion, construction, or acquisition of a Community Center that furnishes free access to broadband Internet service, provided that the Community Center is open and accessible to area residents before, during, and after normal working hours and on Saturday or Sunday. Grant funds provided for such costs shall not exceed the greater of five percent (5%) of the grant amount requested or $100,000;
c. End-User Equipment needed to carry out the Project;
d. Operating expenses incurred in providing Broadband Transmission Service to Critical Community Facilities for the first 2 years of operation and in providing training and instruction; and
e. The purchase of land, buildings, or building construction needed to carry out the Project.
B. Ineligible Grant Purposes a. Grant funds may not be used to finance the duplication of any existing Broadband Transmission Service provided by another entity.
b. Facilities financed with grant funds cannot be utilized, in any way, to provide local exchange telecommunications service to any person or entity already receiving such service.
6. Reporting: All recipients of Community Connect Grant Program financial assistance must provide annual performance activity reports to Rural Development until the project is complete and the funds are expended. A final performance report is also required; the final report may serve as the last annual report. The final report must include an evaluation of the success of the project. Bloostonlaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy and John Prendergast, Mary Sisak, and Cary Mitchell. FCC Sets “Unassigned” BRS Auction For October 29 The FCC’s Wireless Telecommunications Bureau (WTB) has announced it will auction licenses for unassigned Broadband Radio Service (BRS) spectrum, in Auction No. 86, to commence on October 27, 2009. This auction will include 78 licenses within the 2496-2690 MHz band. The Commission previously made available for licensing all spectrum allocated to the Multipoint Distribution Services (MDS) and Multichannel Multipoint Distribution Service (MMDS), the predecessor services to BRS. Specifically, in Auction 6, which was completed in 1996, the Commission conducted competitive bidding for 493 Basic Trading Areas (BTAs) licenses to provide access to all BRS spectrum nationwide that was not assigned to pre-existing MDS or MMDS site-based licenses. The licenses to be offered in Auction 86 consist of the available spectrum in 78 BRS service areas. BRS service areas are BTAs or additional service areas similar to BTAs adopted by the Commission. Overlay licenses for 75 of the BTAs originally offered in Auction 6 are available now as a result of default, cancellation, or termination. Underlying, pre-existing incumbent BRS licenses within these geographic areas remain intact. In the BRS/EBS 4th MO&O, the Commission amended its rules to establish Gulf of Mexico Service Areas for BRS. This auction will, therefore, also include three additional licenses for BTAs in the Gulf of Mexico. Please contact BloostonLaw for a copy of the Public Notice and a complete list of licenses available for Auction 86. Where unencumbered, the licenses to be auctioned consist of 76.5 megahertz of spectrum at 2496-2502, 2602-2614, 2614-2615, 2616-2618, and 2618-2673.5 MHz. The FCC notes that the licenses issued pursuant to this auction will be issued pursuant to the post- transition band plan contained in Section 27.5(i)(2) of the Commission’s Rules. A table showing the channelization of this spectrum is also included in the Public Notice. Incumbency Issues. There are pre-existing BRS incumbent licenses. The service area for each of those incumbent licenses is a 35-mile circle centered at the station’s reference coordinates, and is bounded by the chord(s) drawn between the intersection points of the licensee’s previous protected service area and those of respective adjacent market, co-channel licensees. Any licenses granted pursuant to this auction will not include the geographic service areas of any overlapping, co-channel incumbent licenses. If an incumbent license cancels or is forfeited, however, the right to operate within that area shall revert to the overlay licensee that holds the license for the BRS service area that encompasses that BTA. BRS incumbent licenses are entitled to interference protection in accordance with the applicable technical rules. In addition, on the E and F channel groups, grandfathered Educational Broadband Service (EBS) licenses originally issued on those channels prior to 1983 may continue to operate indefinitely. Such grandfathered EBS licenses must be protected in accordance with the applicable technical rules. Operations within the 2614-2618 MHz band are secondary to adjacent channel operations. Finally, in the 2496-2500 MHz band, BRS licensees must share the band on a co-primary basis with the Code Division Multiple Access (CDMA) Mobile Satellite Service (MSS), grandfathered Broadcast Auxiliary Service (BAS) stations, and grandfathered land mobile and microwave licenses licensed under Parts 90 and 101 of the Commission’s rules, respectively. In addition, the 2400-2500 MHz band is allocated for use by Industrial, Scientific, and Medical equipment under Part 18 of the Commission’s rules. The FCC also seeks comment on bidding practices and procedures for the upcoming auction. Comments in this AU Docket No. 09-56 proceeding are due May, and replies are due May 29. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, Richard Rubino, and Cary Mitchell. NTIA Publishes Final FONSI For PSIC Grant Program The National Telecommunications and Information Administration (NTIA) has published a notice of availability of a Final Finding of No Significant Impact (FONSI) in the Federal Register. The Final FONSI was written to evaluate the environmental impact of the Public Safety Interoperable Communications (PSIC) Grant Program. The effective date of the Final FONSI is April 24, 2009. The Digital Television Transition and Public Safety Act of 2005 directed NTIA, in consultation with the Department of Homeland Security (DHS), to establish and administer a grant program to assist public safety agencies in the advancement of interoperable communications. The Act authorized NTIA to make payments not to exceed $1 billion, in the aggregate, through fiscal year 2010 to carry out the PSIC program. The grant program assisted public safety agencies in the acquisition of, deployment of, or training for the use of interoperable communications systems that can utilize reallocated public safety spectrum in the 700 MHz band for radio communication. The PSIC grant program requirements were subsequently amended by the Implementing Recommendations of the 9/11 Commission Act of 2007. On September 30, 2007, the PSIC Grant Program awarded $968,385,000 to fund interoperable communications projects for 56 States and Territories. These awards represent the largest single infusion of Federal funding ever provided for State, Territory, and local agencies to implement interoperable communications solutions for public safety. On February 19, 2009, NTIA published a Notice of Availability of a Final Programmatic Environmental Assessment (PEA) and Draft FONSI for the PSIC Grant Pro- gram.The comment period closed on March 23, 2009. NTIA received three comments. These comments were from the Association of Public-Safety Communications Officials (APCO), the National Public Safety Telecommunications Council (NPSTC), and the FCC, which NTIA did not elaborate on. The APCO and NPSTC commenters suggested that NTIA's chosen environmental procedures would be overly burdensome and that NTIA should use the FCC's environmental evaluation process. NTIA notes that the National Environmental Policy Act of 1969 (NEPA) would not permit this approach under these circumstances, and thus, did not amend the draft FONSI in response. NTIA did clarify in the final FONSI that the Tower Construction Notification System should only be used for projects involving communication of towers and is not suitable for use for other types of PSIC-funded projects. NTIA prepared the Final FONSI in accordance with the requirements of NEPA and the Council on Environmental Quality (CEQ) regulations for implementing NEPA. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. FCC ANNOUNCES ANNUAL ADJUSTMENT OF REVENUE THRESHOLDS: The FCC has announced the inflation-adjusted 2008 revenue thresholds used for classifying carrier categories for various accounting and reporting purposes: (1) distinguishing Class A carriers from Class B carriers; and (2) distinguishing larger Class A carriers from mid-sized carriers. The revenue threshold between Class A carriers and Class B carriers is increased to $142 million. The revenue threshold between larger Class A carriers and mid-sized carriers is increased to $8.374 billion. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. IOWA TELECOM SEEKS WAIVER OF SECTION 61.41 “ALL OR NOTHING” RULE REGARDING ACQUISTIONS: Iowa Telecommunications Services has asked the FCC to waive relevant portions of the Commission’s Section 61.41 “all-or-nothing” rule. Iowa Telecom is an incumbent local exchange carrier (ILEC) subject to price cap regulation. Iowa Telecom acquired Lakedale Telephone, a rate-of-return regulated carrier, on July 18, 2008. Iowa Telecom has also filed applications for the acquisition of substantially all of the assets of Sherburne County Rural Telephone Corp. (SCRTC) (also a rate-of-return regulated carrier) within the next several months, and those assets will be transferred to Lakedale. Iowa Telecom requests a waiver of the Commission’s rules to permit it to continue to operate the Lakedale and SCRTC properties under rate-of-return regulation. Comments in this WC Docket No. 09-25 proceeding are due May 15, and replies are due May 26. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. ALEXICON ASKS FCC TO CHANGE FORM 499-A FILING DATE TO SEPTEMBER 1: Alexicon Telecommunications Consulting, of Colorado Springs, Colorado, has filed a petition asking the FCC to the Annual Telecommunications Reporting Worksheet (FCC Form 499-A) filing deadline from April 1 to September 1 of each year. Alexicon believes changing this reporting deadline to September 1 will lead to less administrative burdens for rate-of-return regulated companies as well as Commission staff. Changing the current deadline will allow small companies to complete their annual financial audits before the reporting deadline, which is an issue many of these companies are facing today. In addition, moving the deadline will not only assist small companies (with limited staff) in allowing them to complete many other reporting deadlines already in place during the first quarter of each calendar year but will also necessitate these companies having to re-file this report due to incomplete prior period audited financial reporting. The petition was filed in CC Docket No. 96-45 but has not been placed on public notice. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. D.C. CIRCUIT DENIES NTCA LNP PETITION: The U.S. Court of Appeals for the District of Columbia has denied the National Telecommunications Cooperative Association’s (NTCA’s) petition for review of an FCC order requiring Local Number Portability (LNP). NTCA had argued that the FCC violated the Regulatory Flexibility Act (RFA), which directs agencies to publish an analysis of how a rule will affect small business. The court ruled that the analysis completed by the Commission does comply with the RFA. The D.C. Circuit said: “Though [the RFA] directs agencies to state, summarize, and describe, the Act in and of itself imposes no substantive constraint on agency decision making. In effect, therefore, the Act requires agencies to publish analyses that address certain legally delineated topics. Because the analysis at issue here undoubtedly addressed all of the legally mandated subject areas, it complies with the Act.” The court also rejected NTCA’s arguments under the Administrative Procedure Act (APA). BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MAY 1: ENFORCEMENT OF RED FLAG RULES BEGINS: The Federal Trade Commission (FTC) last year suspended enforcement of the “Red Flag” Rules until May 1, 2009, to give creditors and financial institutions additional time to implement identity theft programs. Under the new rules, all businesses that maintain a creditor- debtor relationship with customers, including virtually all telecommunications carriers, must adopt written procedures designed to detect the relevant warning signs of identity theft, and implement an appropriate response. The Red Flag compliance program was in place as of November 1, 2008. But the FTC will not enforce the rules until May 1, 2009, meaning only that a business will not be subject to enforcement action by the FTC if it delays implementing the program until May 1. Other liabilities may be incurred if a violation occurs in the meantime. The requirements are not just binding on telcos and wireless carriers that are serving the public on a common carrier basis. They also apply to any “creditor” (which includes entities that defer payment for goods or services) that has “covered accounts” (accounts used mostly for personal, family or household purposes). This also may affect private user clients who use radios internally, as well as many telecom carriers’ non-regulated affiliates and subsidiaries. BloostonLaw has prepared a Red Flag Compliance Manual to help your company achieve compliance with the Red Flag Rules. Please contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554) with any questions or to request the manual. MAY 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. This filing requirement also applies to certain Private Mobile Radio Service (PMRS) licensees, such as for-profit paging and messaging, dispatch and two-way mobile radio services. The FCC has modified this form in light of its recent decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual form (Form 499-A) that was due April 1. For-profit private radio service providers that are “de minimis” (those that contribute less than $10,000 per year to the USF) do not have to file the 499-A or 499Q. However, they must fill out the form and retain the relevant calculations as well as documentation of their contribution base revenues for three years. De minimis telecom carriers must actually file the Form 499A, but not the 499Q. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MAY 1: RATE INTEGRATION CERTIFICATION. Non-dominant interexchange carriers (IXCs), including facilities- based and resellers, that provide detariffed domestic interstate services must certify that they are providing such services in compliance with their geographic rate averaging and rate integration obligations. An officer of the company must sign this annual certification under oath. The FCC has issued the following guidelines: (1) Any carrier that provides interstate services must charge its subscribers in rural and high-cost areas rates that do not exceed the rates that the carrier charges subscribers in urban areas; (2) to the extent that a carrier offers optional calling plans, contract tariffs, discounts, promotions, and private line services to its interstate subscribers in one state, it must use the same ratemaking methodology and rate structure when offering such services in any other state; (3) an interstate carrier may depart from geographic rate averaging when offering contract tariffs, Tariff 12 offerings, optional calling plans, temporary promotions, and private line services; and (4) carriers may offer optional calling plans on a geographically limited basis as part of a temporary promotion that does not exceed 90 days. But this limited exception does not exempt optional calling plans from geographic rate averaging requirements. Clients with questions about the FCC's detariffing or rate integration requirements should contact us. We have a model rate integration certification letter that may be printed on your letterhead. Blooston- Law contacts: Ben Dickens and Gerry Duffy. JUNE 1: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless service providers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. (But since May 31 falls on a Sunday this year, the report is due June 1.) This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. Clients who would like assistance in filing Form 395 should contact Richard Rubino. JUNE 30: ANNUAL ICLS USE CERTIFICATION. Rate of return carriers and CETCs must file a self-certification with the FCC and the Universal Service Administrative Company (USAC) stating that all Interstate Common Line Support (ICLS) and Long Term Support (LTS) will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. In other words, carriers are required to certify that their ICLS and LTS support is being used consistent with Section 254(e) of the Communications Act. Failure to file this self-certification will preclude the carrier from receiving ICLS support. We, therefore, strongly recommend that clients have BloostonLaw submit this filing and obtain an FCC proof-of-filing receipt for client records. BloostonLaw contacts: Ben Dickens and Gerry Duffy. JULY 10: DTV EDUCATION REPORT. New 700 MHz licensees from Auction No. 73 are required to file a report with the FCC concerning their efforts to educate consumers about the upcoming transition to digital television (DTV). Last summer, we explained that the FCC’s Part 27 rules require 700 MHz licensees that won licenses in Auction No. 73 to file quarterly reports on their DTV consumer outreach efforts through the Spring of 2009. However, in an apparent contradiction, the same rules do not impose any substantive consumer education requirements on 700 MHz license holders. This situation has not changed. The reporting rule simply states that “the licensee holding such authorization must file a report with the Commission indicating whether, in the previous quarter, it has taken any outreach efforts to educate consumers about the transition from analog broadcast television service to digital broadcast television service (DTV) and, if so, what specific efforts were undertaken.” Many licensees may not have initiated 700 MHz service as of yet. However, to the extent they are also an Eligible Telecommunications Carrier (ETC) and recipient of federal USF funds, separate FCC rules found in 47 C.F.R. Part 54 (Universal Service) require ETCs to send monthly DTV transition notices to all Lifeline/Link-Up customers (e.g., as part of their monthly bill), and to include information about the DTV transition as part of any Lifeline or Link-Up publicity campaigns until March 31, 2009. BloostonLaw contacts: Hal Mordkofsky and Cary Mitchell. JULY 20: FCC FORM 497, LOW INCOME QUARTERLY REPORT. This form, the Lifeline and Link-Up Worksheet, must be submitted to the Universal Service Administrative Company (USAC) by all eligible telecommunications carriers (ETCs) that request reimbursement for participating in the low-income program. The form must be submitted by the third Monday after the end of each quarter. It is available at: www.universalservice.org. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2007. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2008); December 30 (for lines served as of June 30, 2008), and March 31, 2009, for lines served as of September 30, 2008).. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: FCC FORM 525, COMPETITIVE CARRIER LINE COUNT QUARTERLY REPORT. Competitive eligible telecommunications carriers (CETCs) are eligible to receive high cost support if they serve lines in an incumbent carrier’s service area, and that incumbent carrier receives high cost support. CETCs are eligible to receive the same per-line support amount received by the incumbent carrier in whose study area the CETC serves lines. Unlike the incumbent carriers, CETCs will use FCC Form 525 to submit their line count data to the Universal Service Administrative Company (USAC). This quarterly report must be filed by the last business day of March (for lines served as of September 30 of the previous year); the last business day of July (for lines served as of December 31 of the previous year); the last business day of September (for lines served as of March 31 of the current year); and the last business day of December (for lines served as of June 30 of the current year). CETCs must file the number of working loops served in the service area of an incumbent carrier, disaggregated by the incumbent carrier’s cost zones, if applicable, for High Cost Loop (HCL), Local Switching Support (LSS), Long Term Support (LTS), and Interstate Common Line Support (ICLS). ICLS will also require the loops to be reported by customer class as further described below. For Interstate Access Support (IAS), CETCs must file the number of working loops served in the service area of an incumbent carrier by Unbundled Network Element (UNE) zone and customer class. Working loops provided by CETCs in service areas of non-rural incumbents receiving High Cost Model (HCM) support must be filed by wire center or other methodology as determined by the state regulatory authority. CETCs may choose to complete FCC Form 525 and submit it to USAC, or designate an agent to file the form on its behalf. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. JULY 31: REPORT OF EXTENSION OF CREDIT TO FEDERAL CANDIDATES. This report (in letter format) must be filed by January 30 and July 31 of each year, but ONLY if the carrier extended unsecured credit to a candidate for a Federal elected office during the reporting period. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino. FCC Meetings and Deadlines May 1 – FTC begins enforcement of Red Flag Rules. May 1 – Rate Integration Certification is due. May 1 – FCC Form 499-Q, Telecommunications Reporting Worksheet, is due. May 1 – Deadline for price cap carriers to file short form Tariff Review Plan (TRP) associated with annual access tariff filing due July 1. May 5 – Deadline for reply comments on NTCA petition requesting that FCC clarify and/or waive Part 36 jurisdictional separations rules concerning allocation of general and administrative costs (CC Docket No. 80-286). May 8 – Deadline for comments on NOI to refresh record on non-rural USF support mechanism (WC Docket No. 05-337). May 8 – Deadline for reply comments on various recon petitions regarding unlicensed devices below 900 MHz and in the 3 GHz band (ET Docket No. 04-186, 02-380). May 13 – FCC open meeting. May 15 – Deadline for comments on price cap carriers’ short form TRP associated with annual access tariff filing due July 1. May 15 – Deadline for comments on Iowa Telecom request for waiver of Section 61.41 “all or nothing” rule regarding acquisitions of Lakedale and Sherburne (WC Docket No. 09-25). May 15 – Deadline for comments on unassigned BRS auction spectrum (Auction No. 86) practices and procedures (AU Docket No. 09-56). May 20 – Deadline for comments on Supplemental NOI regarding video competition report (2008 data) (MB Docket No. 07-269). May 22 – Deadline for reply comments on price cap carriers’ short form TRP associated with annual access tariff filing due July 1. May 26 – Deadline for reply comments on Iowa Telecom request for waiver of Section 61.41 “all or nothing” rule regarding acquisitions of Lakedale and Sherburne (WC Docket No. 09-25). May 29 – Deadline for reply comments on unassigned BRS auction spectrum (Auction No. 86) practices and procedures (AU Docket No. 09-56). May 31 – FCC Form 395, Employment Report, is due. June 8 – Deadline for reply comments on NOI to refresh record on non-rural USF support mechanism (WC Docket No. 05-337). June 8 – Deadline for comments on NOI seeking comment on developing national broadband plan (GN Docket No. 09-51). June 12 – DTV Transition. June 13 – DTV Analog Nightlight program begins and runs for 30 days until July 12. June 16 – Deadline for ILECs filing annual access tariffs on 15 days’ notice (carriers proposing to increase any of their rates). | 
NEW ALERT AND RINGTONE AMPLIFIER 
Software-based alerting methods that use public communications mediums such as cell phones, e-mail, landline phones, and local TV and radio alerts, are considered secondary alerting methods. While these methods have benefits and should be considered as part of an overall alerting strategy, they can never be considered effective for primary alerting. Inherent delays in information delivery and inconsistency of end-user device availability make these methods ineffective for immediate primary alerting. 
The mass notification product marketplace is full of vendors selling software that allows a user to send text-message alerts to large numbers of cell phones, e-mail addresses, pagers and PDAs. In this method, a user enters the relevant contact information of prospective end recipients into a database. In an emergency, a user can pull desired recipients from the database, enter a specific message and then send the messages to the recipients. Once the send button is clicked, the software begins delivering the e-mails to the Internet and text messages to various cell-phone providers. Originally designed for relatively small groups — 1,000 or less — often receiving non-emergency messages, the software products are now being marketed for large group applications in emergency situations. 
Features of Effective Primary Alerting Systems 
— FLEX is a registered trademark of Motorola Inc. 
