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wireless messaging newsletter

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FRIDAY - MARCH 20, 2009 - ISSUE NO. 352

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Paging and Wireless Messaging Home Page image Newsletter Archive image Carrier Directory image Recommended Products and Services
Reference Papers Consulting Glossary of Terms Send an e-mail to Brad Dye

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Dear Friends of Wireless,

I came across another report of a small city about to sign up for a new "mass alerting service" that claims that it: ". . . has the capability to send out thousands of phones calls simultaneously."

I am not real sure how this service is supposed to work, but it looks like one of the so-called "reverse 911" schemes that dials out to all the telephones on its list to deliver a pre-recorded message. I will remain skeptical until shown otherwise, that a telephone system can make this many calls "simultaneously." I have made some sarcastic recommendations in the past about systems like this, saying that the larger cities could save money by just mailing everyone in town a letter like this:

Dear Citizen,

If you are still alive, this letter is to notify you that three days ago our city was about to be bombed by terrorists.


This letter would be delivered as fast as the telephone messages at the end of the "reverse 911" call-out list. All telephone systems are a shared resource, and if too many people try to use it at the same time it won't work or it crashes.

Even more ridiculous, it the cost!

"The price for the service is linked to population. [...] with a population of about 44,000, would be charged a flat fee of $15,000 a month, with certain "overage" charges that would apply if the system were used too often."[source]

I have tried for years to convince anyone who would listen to implement a real mass notification system similar to the InfoLink system that is used in Israel. This system is installed in schools, public buildings, and homes throughout Israel. It is used to send out routine public notices (so everyone knows that it is still working properly). When an emergency situation exists, a loud beeper-type alert goes off. This device is just like a pager, except that its normal location is hanging on a wall.


Surely this type of system could be installed at a cost much less than $15,000.00 per month for a city of 44,000 people. One thing is for sure, paging group call really can deliver the same message to everyone in a city "simultaneously" — in a matter of a few seconds.


Now on to more news and views.

brad dye
Wireless Messaging Newsletter
  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Telemetry
  • Paging
  • VoIP
  • Wi-Fi
  • WiMAX
  • Location-Based Services
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This is my weekly newsletter about Wireless Messaging. You are receiving this because you have either communicated with me in the past about a wireless topic, or your address was included in another e-mail that I received on the same subject. This is not a SPAM. If you have received this message in error, or you are not interested in these topics, please click here, then click on "send" and you will be promptly removed from the mailing list.

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iland internet sulutions This newsletter is brought to you by the generous support of our advertisers and the courtesy of iland Internet Solutions Corporation. For more information about the web-hosting services available from iland Internet Solutions Corporation, please click on their logo to the left.

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A new issue of The Wireless Messaging Newsletter gets posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the Internet. That way it doesn't fill up your incoming e-mail account.

There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world's major Paging and Wireless Data companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It's all about staying up-to-date with business trends and technology. I regularly get readers' comments, so this newsletter has become a community forum for the Paging, and Wireless Data communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it.

Editorial Policy: The opinions expressed here are my own and DO NOT reflect the opinions or policies of any of the advertisers, supporters, contributors, the AAPC (American Association of Paging Carriers, or the EWA (Enterprise Wireless Alliance). As a general rule, I publish opposing opinions, even when I have to substitute "----" for some of the off-color words. This is a public forum for the topics covered, and all views are welcome (so far). Clips of news that I find on the Internet always include a link to the source and just because I report on a given topic or opinion doesn't mean that I agree with it.

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Anyone wanting to help support The Wireless Messaging Newsletter can do so by clicking on the PayPal Donate button above.

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Brad Dye, Ron Mercer, and Vic Jackson are friends and colleagues who work both together and independently, on wireline and wireless communications projects. Click here  for a summary of their qualifications and experience. They collaborate on consulting assignments, and share the work according to their individual expertise and their schedules.

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The local newspaper here in Springfield, Illinois costs 75¢ a copy and it NEVER mentions paging. If you receive some benefit from this publication maybe you would like to help support it financially? A donation of $25.00 would represent approximately 50¢ a copy for one year. If you are so inclined, please click on the PayPal Donate button above. No trees were chopped down to produce this electronic newsletter.

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 aapc logo AAPC Bulletin • 866-301-2272
The Voice of US Paging Carriers



spacer For those members listed in the FCC’s recent CPNI Omnibus Notice of Apparent Liability for Forfeiture (NALF), AAPC may be able to help. AAPC’s counsel has met with the staff of the Enforcement Bureau to discuss procedures for efficient and fair resolution of individual cases, without having to make a formal filing in response to the NALF by the March 26, 2009, deadline established by the FCC. As a result, members will be able, if they so desire, to engage AAPC’s counsel for their individual cases at a special rate and can utilize his experience in dealing with the FCC on these issues. Members interested in taking advantage of this AAPC benefit should contact Ken Hardman at (202) 223-3772 or by e-mail at

spacer Paging carriers that are not yet members of AAPC are encouraged to join now in order to avail themselves of this and other important benefits of AAPC membership. There is value in belonging to an organization whose purpose is to promote the paging industry and assist members in complying with their regulatory responsibilities.

spacer Take a moment and visit our website at Discover how easy it is to join AAPC and start realizing the power we have as a group. If you are reading this, you should also seriously consider attending the Global Paging Convention, June 17-19, in Montreal to get a fresh perspective on the paging industry, from a global perspective.

Thanks to our Gold Vendor member!

PRISM Paging

Thanks to our Silver Vendor Members!
isc technologies
ISC Technologies, Inc.
recurrent software
Recurrent Software Solutions, Inc.
Unication USA

Thanks to our Bronze Member Vendors!

AAPC Executive Director
441 N. Crestwood Drive
Wilmington, NC 28405
Tel: 866-301-2272
AAPC Regulatory Affairs Office
Suite 250
2154 Wisconsin Avenue, NW
Washington, DC 20007-2280
Tel: 202-223-3772
Fax: 202-315-3587

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Interoperability: surmounting the Tower of Babel

Expectations clash with reality on Capital Hill on the issue of emergency communications interoperability.

By Max Cacas

March 18, 2009 - 5:20am

federal news One of the enduring findings of the 9/11 report was the fact that first responders on the ground in New York were unable to communicate readily with reach other in the first hours after the crisis. Congress responded by approving funds for an envisioned nationwide emergency communications system, but now lawmakers are wondering if taxpayers will ever get a truly interoperable system to solve the problem.

One of the big topics on Capitol Hill these days, interoperability was the focus of an oversight hearing by the House Appropriations Subcommittee on Homeland Security. Here's the crux of the hearing, boiled down to this frustrating reality voiced by Kentucky Republican Hal Rogers, ranking member of the subcommittee, who rankles at the one billion dollars appropriated thus far by Congress to improve first responder interoperability: "Over the last three fiscal years, only 6.4% has been spent. That means there's more than $997 million that could be out on the streets helping our first responders meet their interoperability needs."

And just to underscore things, Rogers told the three representatives from the Department of Homeland Security testifying on the issue of interoperability that recent weather related crises in his home state made the ability of first responders to communicate a matter of life and death.

Kentucky, just a month ago, had that terrible ice storm, that covered the entire state. Huge amounts of ice that devastated the state. But the main initial impact was there was no communications. The governor of the state didn't know if anyone in any part of the state was injured. There was no communications. The towers went down, the wires were broken, electric power was cut off, there was no communications to the rest of the state. And yet this money is laying here, waiting for the state to pick it up.

Rogers wasn't the only member of the subcommittee with that complaint and a palpable level of frustration. Members of the subcommittee from North Carolina, California, New York and Texas all vented their questions about why interoperability isn't as far along as it should be after three years.

The answer, says Chris Essid, Director of the Office of Emergency Communications at DHS, is not as cut and dried as one might think.

We're coordinating with FEMA's Grants Directorate to do everything we can to inform folks what grants are out there, to get feedback on what could be improved in the grants process so money can be drawn down faster. But some of these projects they're applying for are very technical in nature. Like procuring a state-wide (communications) system for example. That system purchased in Virginia, that they didn't spend any (federal interoperability) grant funds on, it took them six years to move from the initial idea to actually purchase equipment.

And Ross Ashley, Assistant Administrator for the Grants Program Directorate at FEMA, says the solution is not as simple as approving huge pots of federal grant money.

Just because the money is sitting in the federal treasury doesn't mean its not being used. Projects are out there in every state that are being executed today. It just takes time for the states to draw down funding. Some states only draw down funds once a year. They actually reconcile their books, and then draw down from the federal government.

Ashley goes on to say that if the availability of a grant is not carefully timed to the budget process in some states, it is possible that the state would not be eligible for the funds for as long as 23 months.

The consensus among the subcommittee is that DHS and FEMA are making steady, but slow progress on the road to interoperability. North Carolina Democrat David Price, the subcommittee chairman, offered this assessment of the hearing.

The very testimony they've given about some of the progress they've made raise our expectations for the future, in terms of how these systems are working out and the ability to get them to communities that need them, so that we don't have these horror stories of disasters occurring and emergency responders not being able to talk to each other.

Source: Federal News Radio 1500 AM

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Advertiser Index

AAPC—American Association of Paging Carriers NOTIFYall
Canamex Communications Paging & Wireless Network Planners LLC
CRS—Critical Response Systems Preferred Wireless
CVC Paging Prism Paging
Daviscomms USA Raven Systems
Easy Solutions Ron Mercer
FleetTALK Management Services  
GTES—Global Technical Engineering Solutions Sun Telecom
Hark Systems Swissphone
HMCE, Inc. UCOM Paging
InfoRad, Inc.    Unication USA
Leavitt Communications  
Minilec Service, Inc. United Communications Corp.
Northeast Paging WiPath Communications

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unication logo Unication Co., Ltd. a leader in wireless paging technologies, introduces NEW paging products.
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three colors
  • Greater SPL (louder alert audio)
  • Increased cap codes
    • Elegant=8 (32 Functional Addresses)
    • Legend=16 (64 functional Addresses)
  • 16 Alert tone Options
  • New vibrate alerting options
  • Selectable Alert per Functional Address
  • Simultaneous Vibrate+Alert feature (just like cell phones)
  • On/Off Duty—allows User to determine which Functional Addresses they want to be alerted on
  • Wide Band and Narrow Band
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  • EXTRA LOUD Alert
  • 10 Selectable Alerting Tones
  • 3 Alerting Duration Settings
  • No Physical Connections
  • Powered by 3 - AA Batteries
  • or an AC Adapter
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unication dual frequency pager

A dual-frequency alphanumeric pager that will operate on your on-site system — giving you the advantage of very fast response — and that will automatically switch to the Carrier system providing you wide-area coverage.

One pager can now replace two.

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Unication USA 817-303-9320

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Canamex Communications

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call to order nowquikpager

The same reliable QUIKPAGER that you have used for years!

Stand-alone remote alphanumeric entry device with internal modem to dial-up and connect to paging terminals to deliver messages in TAP protocol.

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Combine your commercial paging service with onsite paging using the same QUIKPAGER keyboard!


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PageRouter Networks
Give your customers the power of PageRouter to unify messaging and increase productivity.
In operation at Hospitals and Factories since 2004.


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canamex logo

Canamex Communications Corporation
Providing technology to the paging industry since 1989


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Canamex Communications

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Complete Technical Services For The Communications and Electronics Industries

Design • Installation • Maintenance • Training • Engineering • Licensing • Technical Assistance

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Ira Wiesenfeld, P.E.
Consulting Engineer
Registered Professional Engineer

Tel/Fax: 972-960-9336
Cell: 214-707-7711
7711 Scotia Dr.
Dallas, TX 75248-3112


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FleetTALK Management Services

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fleet talk

Wireless Industry Management Specialist

  • Nationwide Field Service Capability
  • 24/7 Customer Service
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  • Network Operations Center Functions
  • Two Way Radio Network Provider
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Tom Williams 973-625-7500 x102

FleetTALK Management Services
101 Roundhill Drive
Rockaway, NJ 07866

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FleetTALK Management Services

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shooting alert

The new RAVENAlert answers the need for a fast, intelligent, and dependable indoor alerting device. Features include:

  • High volume audible alert.
  • Large backlit screen.
  • Clear voice via new text to speech technology.
  • Compact Size. 5.5 X 5 inches
  • Easy wall mount or sits upright on any flat surface
  • Battery or line powered
  • Vast grouping capability
  • FLEX or POCSAG in all frequency bands
  • UL Listed


Public Schools
Industrial Facilities
Military Bases
Fire Departments

The new RAVEN-500 series of high decibel alerting products allows for dynamic alerting and voice messaging for indoor and outdoor areas. Perfect for athletic fields, indoor gymnasiums, large retail stores and outdoor common areas.


raven logo

Phone: 623-582-4592

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Text messages on company-owned equipment considered private? Not so fast.

Deborah Spanic
March 17, 2009

Companies Should Review Computer Usage Policies After Quon Case

spanic The Ninth Circuit, in Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008), recently found that a public employee had a reasonable expectation of privacy in text messages sent and received on his employer-owned pager. However, the widespread news commentary stating that this case means that all text messages are considered private is overstating the court's actual holding and its real-world implications for private businesses.

The court's holding is really much narrower. Much of the court's analysis centered on the Fourth Amendment, which effectively means that the holding primarily applies to public employers, not private businesses. However, a de facto “informal” computer use policy was key in the court's decision and provides some guidance for private businesses as well.

In this case, Arch Wireless provided text messaging services through pagers to the City of Ontario for use by its employees, one of whom was Jeff Quon. The City had no official policy specifically related to the use of the pagers, but it did have a general “Computer Usage, Internet and Email Policy,” which stated that “[t]he use of City-owned … equipment … is limited to City of Ontario related business.” The policy also stated that the City “reserves the right to monitor and log all network activity … without notice. Users should have no expectation of privacy when using these resources.”

Each pager was allotted 25,000 characters, and any amount over that was charged to the individual employee. When Quon went over the allotted amount, Lt. Duke, the supervisor in charge of the pager program, told Quon that as long as he reimbursed the City for the overages he would not have to audit the records to determine how many messages were not work-related. After Quon went over the allotted amount several more times, Duke complained to his superior about being a “bill collector,” which caused the superior to order the transcript of the pagers to determine if the messages were truly work-related. The City reviewed the transcripts from Arch Wireless and determined that a number of Quon's messages were personal and often sexually explicit in nature.

On appeal was the district court's finding that Arch Wireless was not in violation of the Stored Communications Act (SCA), and that the City and other co-defendants did not violate Quon's Fourth Amendment right to be free from unreasonable search and seizure.

The Stored Communications Act

To decide whether or not Arch Wireless violated the SCA by turning over the transcripts to the City, the court needed to determine whether Arch Wireless is a “remote computing service” (RCS) or an “electronic communication service” (ECS). Under the SCA, an RCS can release private information to the sub scriber of the service, while an ECS cannot. The SCA defines an ECS as a “service which provides users… the ability to send or receive… electronic communications.” An RCS is defined as “the provision to the public of computer storage or processing services by means of an electronic communications system.”

Given that the service Arch Wireless was providing was the actual electronic communications themselves, not storage or The Ninth Circuit, in Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008), recently found that a public employee had a reasonable expectation of privacy in text messages sent and received on his employer-owned pager. However, the widespread news commentary stating that this case means that all text messages are considered private is overstating the court's actual holding and its real-world implications for private businesses.

Fourth Amendment and the Computer Use Policy

The court's Fourth Amendment analysis focused on the reasonable expectation of privacy in electronic communications, and applies to unreasonable search and seizures by the government. For the purposes of private businesses, the Fourth Amendment does not apply, although the court's reasoning does shed light on how it may rule in the future.

The court answered the threshold question regarding whether or not users of text messaging services have a reason able expectation of privacy in those messages stored on the service provider's network in the affirmative. The court clarifies, however, in that it makes a distinction between the ad dress or header function of the message (the TO: and FROM: line), and the content of the message. Under the Fourth Amendment, there is not a reasonable expectation of privacy in the header of a message, but there is a reasonable expectation of privacy in the message content.

Next the court turned to the City's policy, and found that Lt. Duke's oral assurance that as long as Quon paid for the overages his messages would not be audited became the City's “informal” policy regarding the text message usage, and that this informal policy effectively created Quon's reasonable expectation of privacy in those messages. Key in that analysis was the fact that Lt. Duke was the one in charge of administering the pagers and therefore his statements carried a great deal of weight.

Recommendations for Businesses

Even when considering the narrower scope of the Ninth Circuit's ruling in Quon as it applies to private businesses that would not be subject to Fourth Amendment claims, there are still instructive lessons to be learned regarding computer usage policies. Following are several recommendations:

(1) Be mindful of what employees say that could modify the written policy and create a de facto “informal” policy. It may be prudent to add a disclaimer to a formal written policy that the policy may not be amended or modified other than by writ ten approval of a senior officer of the company.

(2) A company's written computer or electronic policy should accurately reflect actual practice, because in the event of a dispute, it's the company's actual practice that will likely win the day.

(3) A company's written policy should encompass any third-party providers of service, and/or the messages should be routed through the company's own network to ensure the messages are covered under the written policy.

Deborah Spanic is an attorney in the Milwaukee office of Whyte Hirschboeck Dudek S.C. where she concentrates her practice in commercial and information technology transactions and intellectual property. For more information, please contact Spanic at (414) 978-5318 or

The opinions expressed herein or statements made in the above column are solely those of the author, and do not necessarily reflect the views of Wisconsin Technology Network, LLC. WTN accepts no legal liability or responsibility for any claims made or opinions expressed herein.


Ditto, The Wireless Messaging Newsletter.

Source: Wisconsin Technology Network

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gtes logo gtes logo

GL3000 Paging Terminals - C2000 Transmitter Controllers
GL3200 Internet Gateways - Transmitter Equipment


GTES is the only Glenayre authorized software support provider in the paging industry. With years of combined experience in Glenayre hardware and software support, GTES offers the industry the most professional support and engineering staff available.

GTES Partner Maintenance Program
Glenayre Product Sales
Software Licenses, Upgrades and Feature License Codes
New & Used Spare Parts and Repairs
Customer Phone Support and On-Site Services
Product Training


   Sales Support - Debbie Schlipman
  Phone: +1-251-445-6826
   Customer Service
  Phone: +1-800-663-5996 or +1-972-801-0590
   Website -

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sun telecom logo


sun titan 3


The Titan3 POCSAG & FLEX

Sun Telecom's Best selling Alpha-Numeric pager. The Titan3 offers enhanced features and advancements that keep it on the leading edge. This is the pager your customers are looking for.

Michelle Choi
Director of Sales & Operations
Sun Telecom International, Inc.
Telephone: 678-541-0441
Fax: 678-541-0442

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flex logo FLEX is a registered trademark of Motorola Inc.

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  Mobile & Wireless  

Private Equity Sniffing Out Motorola, Nortel Deals?

By Roy Mark


With Nortel already in bankruptcy and Motorola mired in a slog of bad news following its unsuccessful attempt to spin off its struggling handset unit, rumors are swirling that private equity firms are circling the troubled companies.

Nortel has already collapsed into bankruptcy protection while Motorola simply keeps collapsing with its stock price currently just a few ticks above its 52-week low. The ongoing woes of the former tech titans is now drawing the attention of private equity firms, according to rumors swirling around the Internet.

According to the Financial Times, at least two private equity firms are investigating the possibility of buying Motorola's failing handset unit and combing it with assets cherry-picked from telecommunications supplier Nortel's bankruptcy proceedings. Quoting an unnamed source "with knowledge of the situation," Advent International is seeking partners to take over Motorola's handset division as well some Nortel units.

Advent International is a global buyout firm with offices in 15 countries on four continents. The firm focuses on international buyouts, strategic restructuring opportunities and growth buyouts in five core sectors. Since its founding in 1984, Advent has raised $24 billion in private equity capital and, through its buyout programs, has completed more than 250 transactions valued at more than $40 billion in 40 countries.

The Financial Times story claims CVC Capital Partners, another global private equity and investment advisory firm, was approached by Advent International to pursue a deal combining assets from Motorola and Nortel. CVC declined to participate in the deal.

A year ago, Motorola announced it planned to spin off its ailing handset division, but the economy went south and the crumbling credit markets rendered the grand plan moot. Faced with hard reality, Motorola began cutting jobs, axing approximately 3,000 workers in the fourth quarter of 2008 alone.

Then things really turned bad. The job cuts didn't stanch the bleeding and sales continued to tumble, with once-proud Motorola falling to fourth place among handset makers behind market leaders Nokia, Samsung and LG. Motorola took the next inevitable step Jan. 14, announcing that another 4,000 employees—3,000 in the handset division—would be given immediate pink slips.

Sanjay Jha, the co-CEO of Motorola who was brought in from Qualcomm in August to lead the now failed spinoff, said in January he hopes a commitment to and a leap of faith with Google Android and Microsoft Windows Mobile as Motorola's future operating systems will turn the tide for the company. Jha said in October 2008 that Motorola would ditch at least four operating systems, including Symbian, to focus on developing mid-tier phones running Android and high-end enterprise devices operating on Windows Mobile.

The problem for Jha and Motorola is the transition will take some time. Jha predicted it would take until the third quarter of 2010 to bring out a Windows Mobile phone targeted at enterprises and probably until the 2009 Christmas season before a Motorola-built Android phone could hit the market.

Meanwhile, the private equity firms are circling.

Source: eWeek

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prism paging

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Push notifications lead changes for third-party apps

Posted on Mar 17, 2009 12:29 pm by Jim Dalrymple

The long-promised push notification feature will lead an assortment of changes to third-party apps in the upcoming iPhone 3.0 software, Apple revealed at a special event at the company’s Cupertino, Calif. campus on Tuesday.

Scott Forstall, Apple’s senior vice president of iPhone software, told attendees, "you know, we’re late on this one" in talking about push notifications, which Apple expected to be functional by the end of last year. With the huge number of developers that submitted apps to Apple, Forstall said the technology was overwhelmed and required a complete reworking.

With push notifications, applications for Instant messaging, news readers, social networking, and calendaring (to name a few) can be closed—that is, not running—but still provide notifications when changes occur (like with Apple's Mail or SMS applications). Unlike background processes, which eat up resources and battery, push notifications are only used for a short time and when needed.

Another new feature, based on developer requests, is a subscription model in the App Store—such as magazine subscriptions. Developers also will be able to sell products from within an app itself. That means that game developers can sell additional levels for their games and eBook developers can host a virtual bookstore inside their app for consumers to purchase books.

All transactions will still take place through the App Store, and Apple said the business model for in-app purchases will be the same for developers as the current model: Apple gets 30 percent of the revenue, while developers take home 70 percent.

Gamers will be very happy about another developer feature in the new version of iPhone software: Peer-to-Peer connectivity. Using this feature, people can play games with friends over a local network. The technology uses Bonjour over Bluetooth, not Wi-Fi. While gaming is the obvious example to use for this type of technology, Apple said it would work for any Peer-to-Peer application.

iPhone Software 3.0 will also see a big change in Google Maps. Developers will now be able to embed a map directly within their applications. The maps will support regular map, satellite, and hybrid views; adding your own locations; pinch-and-zoom; and GPS and Wi-Fi/cell location. And speaking of GPS, Apple will now allow third-parties to create GPS applications the offer turn-by-turn driving (as long as developers provide their own maps—they can't use the included Google Maps functionality).

The new features will be available when Apple releases iPhone Software 3.0.

[Updated 10:57 am PT to add information on push notifications and peer-to-peer connectivity.]

[Updated 11:15 am PT to add more information.]

Source: iPhoneCentral

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Critical Response Systems

Over 70% of first responders are volunteers
Without an alert, interoperability means nothing.

Get the Alert.

M1501 Acknowledgent Pager

With the M1501 Acknowledgement Pager and a SPARKGAP wireless data system, you know when your volunteers have been alerted, when they’ve read the message, and how they’re going to respond – all in the first minutes of an event. Only the M1501 delivers what agencies need – reliable, rugged, secure alerting with acknowledgement.

Learn More

  • 5-Second Message Delivery
  • Acknowledged Personal Messaging
  • Acknowledged Group Messaging
  • 16 Group Addresses
  • 128-Bit Encryption
  • Network-Synchronized Time Display
  • Simple User Interface
  • Programming/Charging Base
  • Secondary Features Supporting Public Safety and Healthcare

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daviscomms usa

Contract Manufacturing Services
We offer full product support (ODM/OEM) including:

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Services vary from Board Level to complete “Turn Key”
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product examples

Daviscomms – Product Examples

Manufacturer of the FLEX & POCSAG 1-Way Bravo Pager Line and Telemetry Modules

For information call 480-515-2344 or visit our website
E-mail addresses are posted there!

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Palm Sales Plummet as Pre Waits in the Wings

Stephen Lawson
IDG News Service
Mar 19, 2009 6:20 pm

Palm's revenue plunged in its most recent quarter as the struggling company, preparing for the release of its next-generation device, sold 42 percent fewer smartphones than in the same period last year.

The 72 percent fall in smartphone revenue, to US$77.5 million, underscores the importance of the upcoming Palm Pre and WebOS to the company's future. Palm announced the Pre and its brand-new operating system at the Consumer Electronics Show in January and has said the current Centro phone will be the last device to run the original Palm OS. The Pre will begin shipping on an undisclosed date later this year.

In its fiscal third quarter, ended Feb. 27, Palm lost $98 million, or $0.89 per share, wider than its loss of $57 million, or $0.53 per share, a year earlier. Excluding special items, such as stock-based compensation and restructuring charges, the company lost $94.7 million, or $0.86 per share. That was worse than the consensus forecast of analysts surveyed by Thomson Reuters, who expected a loss of $0.59 per share.

Total revenue was $90.6 million, compared with the analysts' forecast of $105 million.

"We're proceeding through a challenging transitional period, however our current results shouldn't overshadow the tremendous progress we've made against our strategic goals," Palm President and CEO Ed Colligan said in a press release.

The Pre will have a touch screen plus a physical keyboard, as well as built-in Wi-Fi, a 3-megapixel camera and 8GB of storage. It will also have some software features found in Apple's iPhone, such as gesture-based "multitouch" controls. In fact, comments by an Apple executive in January hinted that the company might sue Palm for stealing features.

Palm sells devices based on Microsoft Windows Mobile, such as the newly introduced Palm Treo Pro, in addition to Palm OS products. But for the operating system that built Palm's business and spawned more than 100,000 applications from 30,000 developers, it has been a slow death. A new, Linux-based Palm OS has been in the works for several years. Applications written for the current Palm OS won't run on the WebOS that succeeds it.

Late Thursday, Palm's shares on the Nasdaq (PALM) were down $0.42 to $7.29 in after-hours trading.

Source: PC World

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make your minitor II like new again


Finally, Minitor II housings available
As low as $19.95
Pieces sold separately

Repair of Minitor II pagers
$45.00 per pager
$60.00 for repair and new housing with 90-day warranty

United Communications Corp.
Serving the Emergency Service Market Since 1986
motorola paging 888-763-7550 Fax: 888-763-7549
62 Jason Court, St. Charles, MO 63304
motorola original

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Harvard’s masters of the apocalypse

From: The Sunday Times (UK)
March 1, 2009

If his fellow Harvard MBAs are all so clever, how come so many are now in disgrace?

harvard mbas
Philip Delves Broughton

If Robespierre were to ascend from hell and seek out today’s guillotine fodder, he might start with a list of those with three incriminating initials beside their names: MBA. The Masters of Business Administration, that swollen class of jargon-spewing, value-destroying financiers and consultants have done more than any other group of people to create the economic misery we find ourselves in.

From Royal Bank of Scotland to Merrill Lynch, from HBOS to Lehman Brothers, the Masters of Disaster have their fingerprints on every recent financial fiasco.

I write as the holder of an MBA from Harvard Business School – once regarded as a golden ticket to riches, but these days more like scarlet letters of shame. We MBAs are haunted by the thought that the tag really stands for Mediocre But Arrogant, Mighty Big Attitude, Me Before Anyone and Management By Accident. For today’s purposes, perhaps it should be Masters of the Business Apocalypse.

Harvard Business School alumni include Stan O’Neal and John Thain, the last two heads of Merrill Lynch, plus Andy Hornby, former chief executive of HBOS, who graduated top of his class. And then of course, there’s George W Bush, Hank Paul-son, the former US Treasury secretary, and Christopher Cox, the former chairman of the Securities and Exchange Commission (SEC), a remarkable trinity who more than fulfilled the mission of their alma mater: “To educate leaders who make a difference in the world.”

It just wasn't the difference the school had hoped for.

Business schools have shown a remarkable ability to miss the economic catastrophes unfolding before their eyes.

In the late 1990s, their faculties rushed to write paeans to Enron, the firm of the future, the new economic paradigm. The admiration was mutual: Enron was stuffed with Harvard Business School alumni, from Jeff Skilling, the chief executive, down. When Enron, rotten to the core, collapsed, the old case studies were thrust in a closet and removed from the syllabus, and new ones were promptly written about the ethical and accounting issues posed by Enron’s misadventures.

Much the same appears to have happened with Royal Bank of Scotland.

When I was a student at Harvard Business School, between 2004 and 2006, I recall a distinguished professor of organisational behaviour, Joel Podolny, telling us proudly of his work with Fred Goodwin at RBS. At the time, RBS looked like a corporate supermodel and Podolny was keen to trumpet his role in its transformation. A Harvard Business School case study of the firm entitled The Royal Bank of Scotland: Masters of Integration, written in 2003, began with a quote from the man we now know as Fred the Shred or the World’s Worst Banker: “Hard work, focus, discipline and concentrating on what our customers need. It’s quite a simple formula really, but we’ve just been very, very consistent with it.”

The authors of the case, two Harvard Business School professors, described the “new architecture” formed by RBS after its acquisition of NatWest, the clusters of customer-facing units, the successful “buy-in” by employees. Goodwin came across as a management master, saying: “A leader’s job is to create the conditions that enable people to believe, in their hearts and minds, in the value of what they are doing.”

Then just last December, Harvard Business School revised and republished another homage to RBS – The Royal Bank of Scotland Group: The Human Capital Strategy.

It is tragic to read now of all the effort put in by those under Goodwin, from “pulse surveys” to track employee performance to “the big thank you”, a website where managers could recognise individual excellence in customer service.

Every trendy business school idea was being implemented, it seemed, while what really mattered – the bank’s risk assessment, cash flow and capital structure – was going to hell. To be fair, neither Podolny nor the authors of the case studies were finance professors, but it’s still pretty shocking that a school that purports to teach general management should fail to see the gaping problems at a firm they studied in such depth.

Is there a pattern here? Go back to the 1980s, and you find that Harvard MBAs played a big enough role in the insider trading scandals that washed through Wall Street for a former chairman of the SEC to consider it a good move to donate millions of dollars for the teaching of ethics at the school.

Time after time, and scandal after scandal, it seems that a school that graduates just 900 students a year finds itself in the thick of it. Yet there is remarkably little contrition.

Last October, Harvard Business School celebrated its 100th birthday with a global summit in Boston. While Wall Street and Washington descended into an economic inferno, Jay Light, the dean of the school and a board member at the Black-stone private equity group, opened the festivities by shrugging off any responsibility.

“We all failed to understand how much [the financial system] had changed in the past 15 years or so, and how fragile it might be because of increased leverage, decreased transparency and decreased liquidity: three of the crucial things in the world of financial markets,” he said.

“We all failed to understand how that fragility could evidence itself in a frozen short-term credit system, something that hadn't really happened since 1907. We also probably overestimated the ability of the political process to deal with the realities of what could happen if real trouble developed.

“What we have witnessed is a stunning and sobering failure of financial safeguards, of financial markets, of financial institutions and mostly of leadership at many levels. We will leave the talk of fixing the blame to others. That is not very interesting. But we must be involved in fact in fixing the problem.”

You would think after failing on so many levels, the school that provides more business leaders than any other might feel some remorse. Not in the least. It’s onwards and upwards, with the very people who blew apart the world’s financial plumbing now demanding to fix the leak.

You can draw up a list of the greatest entrepreneurs of recent history, from Larry Page and Sergey Brin of Google and Bill Gates of Microsoft, to Michael Dell, Richard Branson, Lak-shmi Mittal – and there’s not an MBA between them.

Yet the MBA industry continues to grow, and business schools provide vital income to academic institutions: 500,000 people around the world now graduate each year with an MBA, 150,000 of those in the United States, creating their own management class within global business.

Given the present chaos, should-n’t we be asking if business education is not just a waste of time, but actually damaging to our economic health?

If doctors or lawyers wreaked such havoc in their own professions, we would certainly reconsider what is being taught at medical and law schools.

During my time at the school, 50 students were chosen to participate in a detailed survey of their development. Scott Snook, the professor who ran it, reported that about a third of students were inclined to define right and wrong simply in terms of what everyone else was doing.

“They can’t really step back and take a critical view,” he said. “They’re totally defined by others and by the outcomes of what they’re doing.”

A group of people unable to see their actions in the broader context of the society they inhabit have no business being self-regulating. Yet in the financial services industry this is pretty much what they demanded and to a large extent got – with catastrophic consequences.

The happiest in my cohort, which graduated into the rosy economic conditions of 2006, are now certainly those who went off to do the unfashionable jobs: a friend who spurned Wall Street to join a Mid-western industrial firm, and now finds himself running the agricultural division of an Indian conglomerate; one who joined a foundation promoting entrepreneurship; one who went into Boston city government, another who moved to Russia to run a cinema chain.

However, these were the rarities: 42% of my class went into financial services and another 21% into consulting, both wretched sectors to be in today and for the foreseeable future.

Applications to business schools in America and Europe are broadly up, as people search for a safe haven from the recession. What are they thinking? Many MBA jobs will not be coming back. Students who stump up more than £60,000 for a two-year MBA can expect a long wait to make that back.

For those about to graduate from business school, these are grim times. Financial and consulting firms, which used to soak up two-thirds of the MBAs from top schools, have all but vanished from campuses. Suddenly jobs in government and at nonprofit organisations are in hot demand from students who used to consider them laughably underpaid.

A dose of modesty among MBAs and business schools is long overdue. But it’s not going to come from Harvard. Light, told his audience in October: “The need for leadership in the world today is at least as great as it has ever been. The need for what we do is at least as great as it has ever been.”

A bold claim to which many might say: please, spare us.

Philip Delves Broughton is the author of What They Teach You at Harvard Business School, published by Viking at £12.99. Copies can be ordered for £11.69, including postage, from The Sunday Times BooksFirst on 0845 271 2135

Source: The Times Online

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Annual Form 499 Filing Due April 1, 2009

Certain PMRS Carriers Must File

spacer This is a reminder that providers of “telecommunications services” are required by the Federal Communications Commission (FCC) to file Form 499-A by April 1 of each year.1 The FCC interprets Section 254(d) to apply not only to “every telecommunications carrier that provides interstate telecommunications services” but also to certain “other provider[s] of interstate telecommunications,” the requirement goes beyond just “common carriers”.2 This includes, for example, certain Private Mobile Radio Service (PMRS) licensees, such as for-profit paging and messaging services, dispatch services, and two-way mobile radio service.3 Such for-profit operations are usually noted on your license with a Station Class of FB6, FB6C, FB6I, or similar. If the license indicates that your regulatory classification is “CMRS” (Commercial Mobile Radio Service) or shows the service code as IK or YK, this is a clear indication that the Form 499A requirement must be met. However, even an IG station may be subject to the requirement if it is FB6 or otherwise for-profit.

spacer Form 499 is generally filed in order to calculate contributions to the Universal Service Fund (USF), Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administrator (NANPA) and the Local Number Portability (LNP) Fund. Filing Form 499-A may also satisfy obligations under section 413 of the Act to designate an agent in the District of Columbia for service of process4 and obligations to register with the Federal Communications Commission.5 The TRS, NANPA and LNP aspects of the Form 499A do not apply to PMRS licensees. However, the FCC decided to expand the pool of potential contributors to the Universal Service Fund, by adding for profit private carriers. This was done by invoking the need for “regulatory parity”. Fortunately, certain exemptions to the Form 499-A requirement exist.

spacer Specifically, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file Form 499-A, if their contribution to the USF would be de minimis under the universal service rules.6 Section 54.708 of the Commission’s rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. Nonetheless, the FCC requires such exempt non-common carrier service providers to fill out the FCC Form 499-A (thereby demonstrating de minimis status), and to retain the relevant calculations as well as documentation of their contribution base revenues for three years.7

spacer To determine if your company is de minimis, it is necessary to multiply the portion of your revenues that are interstate by the universal service contribution factor. If the resulting contribution figure is less than $10,000, the exemption would apply. When it is not clear what portion of your revenues are interstate, certain safe harbor guidelines apply. If the company is not exempt, then it must not only file the Form 499A, but must also file quarterly Form 499Q revenue reports.

spacer If you have any questions, or you think that your company may qualify for de minimis status under the universal service rules and would like assistance in determining the issue, please do not hesitate to contact John A. Prendergast or Gerry Duffy. If de minimis status does not apply to your company, we can help you prepare and file your Form 499-A by the April 1 deadline.

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1 See, generally, 47 C.F.R. §§ 52.17, 52.32, 54.706, 54.711, and 54.713.
2 Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (2006 Contribution Methodology Reform Order).
3 2009 FCC Form 499-A Instructions at page 4-5.
4 47 U.S.C. § 413; see also 47 C.F.R. § 1.47.
5 47 C.F.R. § 64.1195.
6 See 47 C.F.R. § 54.708; 2009 FCC Form 499-A Instructions at 5. 7 2009 FCC Form 499-A Instructions at 6.

Source: Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP  

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BloostonLaw Telecom Update

Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP

[Selected portions reproduced here with the firm's permission.]

   Vol. 12, No. 11 March 18, 2009   

Enforcement Of “Red Flag” Rules Begins May 1

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 identify theft, and implement an appropriate response.

The Red Flag compliance program was to have been in place by Nov. 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 and Mary Sisak with any questions or to request the manual.

States Push To Influence Distribution Of NTIA/RUS Broadband Program Grants

Private entities should only be considered eligible for the Broadband Technology Opportunities Program (BTOP) when they act in partnership with state entities, according to D.C. Public Service Commission Chairwoman Betty Anne Kane. Speaking at the March 16 American Recovery and Reinvestment Act of 2009, roundtable public meeting in Washington, D.C., Ms. Kane emphasized that the ARRA directs the National Telecommunications and Information Administration (NTIA) to consult with the states regarding who gets a broadband grant. She noted that Section 6001-C of the Act “directs NTIA to consult with the states on the identification of underserved and unserved areas along their borders, and the allocation of grants affecting each state.” Ms. Kane said that states have resources and familiarity with local, demographic and market conditions that can contribute to the success of the broadband grant program.

However, Curt Stamp, President of the Independent Telephone and Telecommunications Alliance (ITTA), challenged this position. He said that Congress has rejected the idea that one would have to partner with the states. Rather, the “intent of Congress is clear that…we should have the eligibility as broad as possible, and I think if we start putting a lot of restrictions on who you have to require and who can apply,” you run the risk of driving away potential investors. Mr. Stamp added that the major reason there is no investment in unserved/ underserved areas today is that there is no economic business case to be made for such an investment—that is the reason for providing grants to private sector entities.

Debbie Goldman, Telecommunications Policy Director and Research Economist for the Communications Workers of America (CWA) said “I want to ditto what Curt just said. A lot of reasons this is important is there was not an incentive to build infrastructure, and equally important is there needs to be an assurance that once that infrastructure is built with public money that the entity that built it has the capacity, both technical and managerial, and the skill to operate it.”

The second roundtable discussion focused on coordination between NTIA and RUS broadband initiatives.

J. Bradford Ramsay, General Counsel, National Association of Regulatory Utility Commissioners (NARUC) focused on the application process, and the processing of applications once they are made. He discussed recommendations for the mechanics of the process, including ways to share information and prevent double-dipping. Derrick Owens, Director of Government Affairs, Western Telecommunications Alliance (WTA) said his group also advocates the need for a uniform application procedure. He noted that many WTA companies are RUS borrowers, but none are NTIA borrowers. “As far as grants vs. loans,” he said, “we believe grants should be the way both agencies go. Obviously, for NTIA, that is already in the statute…we believe RUS has to look to give most of their money out through loans.” He said he also believes that NTIA should grant its money for rural as well as non-rural areas. He said there should be a joint NTIA/RUS database that is public so that people can find out who is actually applying for grant money. He agreed that there should be measures to prevent double- dipping.

During the discussion period, the question of the states’ role in the broadband grant program arose again. Mr. Ramsay said he liked the idea of having sate and local agencies involved in the validation process.

Mr. Owens said “state involvement is good in the sense of helping make sure you get the proper information. But if it comes to the point of the states actually making the determination of who is getting the funding, that may pose a problem for our members. And there is also a concern with adding an extra step in the process, when we are trying to [streamline the process].”

Mark Cooper, Director of Research, Consumer Federation of America, said he would second that in the following sense: states as potential grantees would be fine, but not to the exclusion of other state and local entities who actually know the people, know their areas. “I understand that governors know their areas well, but rural cooperatives know their areas well and can be actionable users,” Mr. Cooper said. He suggested a statewide association of telcos or consumer action companies applying for a grant.

Mr. Ramsay said that if you do not have state involvement, then you probably will have “a bunch of consultants in Washington, who know very little about the states, calling my state commissions, because this is what has happened to me in the past, and trying to get information from my state commissions to do the evaluations.”

Mr. Cooper replied that he was not sure that there would be much progress in replacing consultants in Washington with consultants in Albany and Springfield. “I will agree that if you are going to do it that way,” he said, “the NTIA and RUS will have to come up with some very, very specific criteria so that it’s not really a lot of discretion to the governor or PUC [Public Utility Commission].”

A third roundtable focused on education and telemedicine issues. Meetings were held March 17 in Las Vegas, Nevada, and March 18 in Flagstaff, Arizona. Meetings are scheduled for March 19, 23, and 24 in Washington,

D.C. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, John Prendergast, Mary Sisak, and Cary Mitchell.

FCC Proposes $75,000 Fine For Apparent Violation Of Anti-Collusion Rules

The FCC has issued a Notice of Apparent Liability for Forfeiture (NAL), proposing to fine a rural telecom applicant to participate in Auction No. 73, $75,000 for apparently violating the auction “anticollusion” rule by contacting another bidder in the auction about an unrelated cellular transaction, after dropping out of the auction. This fine underscores the need for auction applicants to be ultra-careful about ANY communications with other entities during an auction.

The FCC’s anticollusion rule prohibits communications during the auction with another bidder over any matter that “may affect” bids, bid strategies or post-auction market structure, so even seemingly unrelated discussions over cellular deals, resale agreements, or interconnection negotiations have the potential to trigger a violation. It is possible to continue negotiations of certain transactions if an appropriate auction agreement is reached and both parties report it in their short form applications.

The Commission adopted its anti-collusion rule to prevent collusive conduct during auctions, to facilitate the detection of such misconduct, and to maintain public confidence in the integrity of the auction process. In so doing, the Commission expressed concern “that collusive conduct by bidders prior to or during the auction process could undermine the competitiveness of the bidding process and prevent the formation of a competitive post- auction market structure.”

The FCC took particular issue with the fact that the rural applicant informed the other bidder that it had dropped out of the auction, and thus was ready to resume negotiations on the cellular deal. The FCC found that this affirmatively disclosed to another auction applicant information about its bidding strategy, in apparent violation of Section 1.2105(c)(1) of the Commission’s rules. In addition, the FCC pointed out that the offending applicant was required, but failed, to disclose this communication to the Commission, in apparent violation of Section 1.2105(c)(6) of the Commission’s rules.

Clients should note that the FCC takes its anti- collusion rules seriously. The lesson here is to not communicate anything about an auction, or even unrelated discussions, without the advice of an attorney. It is also important to determine if a party with which you negotiating is going to be an applicant in the same auction as you, so that appropriate protections can be put into place.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.


STIMULUS BILL REQUIRES UNION WAGES FOR CERTAIN CONSTRUCTION PROJECTS: State governments that contract jobs paid for with stimulus money will be required to pay workers on construction projects union wages rather than market rates, according to The Fox Web site reports that the Office of Management and Budget (OMB) included in the $787 billion economic stimulus bill the so-called Davis- Bacon provision, a 1931 law typically used only on federal highway projects. But under the new spending plan, Davis-Bacon will apply to all state and local jobs on energy, housing, agriculture, or construction. Higher costs per project mean fewer projects completed, especially since some "shovel ready" projects were bid as non-union jobs, Fox said. Some local officials and economists say the union wage mandate means taxpayer dollars won't be stretched as far as otherwise was planned. Organized labor insists the inclusion of the higher rates is not payback by the White House for its widespread support of President Obama in the campaign, Fox said. But some critics are not so sure. Non-union builders' associations say since Democrats took control of the House, more bills may be coming out with Davis-Bacon attached.

COMMENT DATES SET FOR PETITION ASKING WHETHER CREDITORS CAN SEND AUTOMESSAGES TO CERTAIN WIRELESS NUMBERS: The FCC has established comment dates on Paul D. S. Edwards’ petition for an expedited clarification and declaratory ruling regarding the FCC’s rules under the Telephone Consumer Protection Act (TCPA). Specifically, Edwards asked the Commission to clarify whether a creditor may place auto-dialed or prerecorded message calls to a telephone number associated with wireless service that was provided to the creditor initially as a telephone number associated with landline service (BloostonLaw Telecom Update, March 4). Comments in the CG Docket No. 02-278 proceeding are due April 2, and replies are due April 13. Section 64.1200(a)(1)(iii) of the Commission’s rules prohibits the initiation of “any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice, to any telephone number assigned to . . . cellular telephone service. . . .” The Commission concluded that such calls to wireless numbers that are provided by the called party to a creditor in connection with an existing debt are permissible as calls made with the “prior express consent” of the called party. Edwards asserts that the Commission’s ruling permits debt collection calls to a wireless telephone number only when the consumer, in that instance, provides the wireless telephone number to the creditor. Edwards contends that when the creditor is initially provided a “landline” telephone number, and subsequently that “landline” number is ported to a cellular telephone, an established business relationship, “prior express consent,” or other exemption from section 227(b)(1)(A)(iii) of the TCPA is not created. Edwards concludes that compliance with the TCPA requires that the consumer must have provided the creditor a telephone number assigned to a wireless service in order for calls to the wireless telephone number to be permissible. BloostonLaw contacts: Ben Dickens, Gerry Duffy, John Prendergast, and Mary Sisak.

FCC RELEASES TELEPHONE SUBSCRIBERSHIP REPORT: The FCC has released its latest report on telephone subscribership levels in the United States. The report presents subscribership statistics based on the Current Population Survey (CPS) conducted by the Census Bureau in July 2008. The report also shows subscribership levels by state, income level, race, age, household size, and employment status. In July 2008:

• The telephone subscribership penetration rate in the U.S. was 95.4%, an increase of 0.4% over the rate from July 2007.

• The telephone penetration rate for households in income categories below $20,000 was at or below 93.9%, while the rate for households in income categories over $50,000 was at least 98.2%.

• Penetration rates ranged from 91.7% for households headed by a person under 25 to at least 96.3% for households headed by a person over

55. • Households with one person had a penetration rate of 93.0%, compared to a rate of 96.8% for households with four or five persons.

• The penetration rate for unemployed adults was 94.3%, while the rate for employed adults was 96.4%.

BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC RELEASES ILEC QUALITY OF SERVICE REPORT: The FCC has released a report titled Quality of Service of Incumbent Local Exchange Carriers. This report enables consumers, regulators, and industry to evaluate quality-of-service trends of the major incumbent local exchange carriers (regional Bell companies and Embarq), as well as smaller incumbent local exchange carriers. The data is presented separately for each company and includes measures of service quality provided to residential and business end-user customers, as well as service quality provided to long distance carriers. Statistically significant six-year trends as of 2007 were identified in the following indicators of industry-wide service quality:

• Repair intervals are increasing on average 4.7% annually for the industry overall, 5.3% annually for the larger companies, and 4.1% annually for the smaller companies.

• Trouble reports per thousand lines are increasing on average 2.3% annually for the industry overall.

• Percentage of customers dissatisfied with residential installations is increasing on average 3.1% per year for the larger companies.

• Percentage of installation commitments met is increasing for small companies on average 0.71% annually.

• Percentage of switches with downtime is decreasing by 0.75% annually for the large companies.

BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC RELEASES ANNUAL TELECOMMUNICATIONS PROVIDER LOCATOR REPORT: The FCC has released its annual Telecommunications Provider Locator report. The report lists 6,252 companies registered to provide interstate telecommunications as of October 2007, as compared to 5,428 companies as of November 2006. For each of these providers, the report identifies whether it reported revenue for local, wireless, payphone, operator, and prepaid calling card, or other toll services, and whether it contributed to support universal service. The report also provides contact information for each company. This report was compiled using information from FCC Form 499-A Telecommunications Reporting Worksheets filed by telecommunications providers. The filed worksheets are proprietary and therefore not available to the public. The report itself is a series of tables and is available at REPORT.WCB DOC-289171A1.pdf on the FCC’s Web site. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC RELEASES TELEPHONE NUMBER UTILIZATION REPORT: The FCC has released its latest report on telephone number utilization in the United States. Telephone number utilization refers to the percentage of telephone numbers assigned to customers compared to the total of telephone numbers assigned to carriers. The Numbering Resource Utilization Report details how those telephone numbers are being used. The report presents numbering resource utilization statistics based on June 2008 data that carriers submitted to the North American Numbering Plan Administrator (NANPA), as well as other information. Tracking number utilization is one of a number of initiatives taken by the Commission to ensure that limited numbering resources are used efficiently.

Utilization Statistics by Carrier Type – Reporting carriers have over 1.3 billion telephone numbers. Of these, about 652 million were assigned to customers, about 619 million were available to be assigned, and about 84 million were used for other purposes, such as for administrative use. Following are utilization statistics by carrier type as of June 30, 2008: (1) Overall, 48.1% of all telephone numbers were assigned to customers; (2) The overall utilization rate for Incumbent Local Exchange Carriers (LECs) was 50.3%, down from 50.7% six months earlier; (3)The overall utilization rate for Cellular/PCS carriers was 65.3%, up from 65.0% six months earlier; and (4) The overall utilization rate for Competitive LECs was 30.4%, up from 26.9% six months earlier.

Telephone Numbers Saved through Thousands-block Pooling – Through June 30, 2008, thousands- block pooling has made it unnecessary to distribute about 355 million telephone numbers. Thousands-block pooling is available in areas with the most demand for additional numbering resources. This means that telephone numbers can now be distributed in blocks of 1,000 rather than blocks of 10,000. This enables carriers to obtain the telephone numbers they need to serve their customers while allowing unneeded blocks to be made available to other carriers.

Telephone Numbers Returned – As required by the Commission’s Numbering Resource Optimization Orders, carriers are returning large quantities of telephone numbers that they do not need to the NANPA so that those numbers can be assigned to other carriers with more immediate needs. In the second quarter of 2008, carriers returned 0.96 million telephone numbers to the NANPA. In the third quarter of 2008, carriers returned 1.49 million telephone numbers to the NANPA.

Most Utilized Area Codes in the United States –New York’s area code 646 (which is coincident with New York City’s area code 212) is the most utilized, with 77.0% of numbers assigned to customers. Arizona’s area code 480 is next, with 75.3% of numbers assigned to customers. (The above statistics exclude area code 947, in which only three carriers are using numbers.)

Customers Moving Millions of Telephone Numbers to New Carriers – Since wireless number portability began on November 24, 2003, wireline customers have moved more than 62 million telephone numbers to new wireline carriers. During the same time, wireless customers moved more than 54 million telephone numbers to new wireless carriers.

BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast.

COURT UPHOLDS FCC’s DISMISSAL OF M2Z’s APPLICATION FOR FREE AWS-3 LICENSE: The U.S. Court of Appeals for the District of Columbia Circuit has upheld the FCC’s dismissal of a nationwide, 15-year, exclusive application of M2Z Networks to operate in the Advanced Wireless Services (AWS-3) or 2155-2175 MHz band, without the benefit of an auction. M2Z’s plan was to deliver basic wireless broadband service to most of the country free of charge, ultimately making money by charging for premium service. For the plan to work, it needed an exclusive nationwide license for the entire spectrum band for 15 years. In September 2006, M2Z amended its application with a petition for forbearance that would allow the Commission to forbear from enforcing any rules that would impede the grant of its application. The FCC subsequently dismissed M2Z’s application, along with several other ones. The D.C. Circuit concluded that “although M2Z presents a number of creative arguments, none of them has serious legal merit. The FCC Order should therefore be affirmed in all respects.” BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.

OBAMA ANNOUNCES USDA UNDER SECRETARIES: President Barack Obama has announced his intention to nominate James W. (Jim) Miller to be Under Secretary of Agriculture for Farm and Foreign Agricultural Services and Dallas P. Tonsager to be Under Secretary of Agriculture for Rural Development. Miller currently is Chief of Staff for the National Farmers Union, a position he accepted in 1999 after serving four years as Senior Analyst for Agriculture and Trade on the majority staff of the Senate Budget Committee. Miller also has served as Chief Economist for the National Farmers Union and as Vice President for Government Relations for the National Association of Wheat Growers. Miller operated a fourth- generation family farm in eastern Washington for over 20 years and served as President of the National Association of Wheat Growers in 1987. He was Co-Chairman of the Canada-U.S. Joint Commission on Grains, a federal commission established to resolve grain trade issues between the two countries. Tonsager currently serves as a board member of the Farm Credit Administration (FCA), a position to which he was appointed in 2004. He also is a member of the Board of Directors of the Farm Credit System Insurance Corporation. Prior to his appointment to the FCA, he was Executive Director of the South Dakota Value-Added Agriculture Development Center, where he coordinated initiatives to better serve producers who developed value-added agricultural projects. Tonsager was appointed by President Clinton as the South Dakota State Rural Development Director in 1993 and was named one of two outstanding state directors by USDA in 1999.


INDUSTRY NORTEL MAY SELL SOME OF ITS MAJOR BUSINESSES: Nortel Networks is considering selling some of its major businesses rather than continue trying to restructure under bankruptcy protection, according to a report in The Wall Street Journal. FierceWireless reports that Nortel, which filed for bankruptcy in mid-January and has until May to restructure, is said to be in talks with some of its competitors to sell its wireless-equipment business and its enterprise telecom business. This development should be watched by clients that are counting on Nortel for equipment related to their ongoing telecom operations, or in connection with a stimulus grant project.

Nortel declined to comment to either WSJ or FierceWireless, and there is nothing related to this matter posted on Nortel’s Web site. The company is said to be talking to rivals such as Nokia Siemens Networks, to sell its wireless business. Avaya and Siemens Enterprise Communications, a joint venture of Siemens and Gores Group, are said to be interested in the company's enterprise unit. Nortel's board is expected to meet next week to discuss the company's plans to emerge from bankruptcy. Nortel posted a $2.14 billion loss in the fourth quarter and a $5.8 billion loss for all of 2008. Its revenue declined 15 percent year-over-year in the fourth quarter, down to $2.72 billion. There is also a question about whether Nortel, as well as other manufacturers, will be able to supply the equipment needed to complete the projects funded under the National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS) broadband grants program.


MARCH 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 March 31 and covers lines served as of September 30, 2007. (Normally this filing is due March 30, but this year, March 30 falls on a Sunday.) Incumbent carriers filing on a quarterly basis must also file on July 31 (for lines served as of December 31, 2007); September 30 (for lines served as of March 31, 2008); and December 30 (for lines served as of June 30, 2008). BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

MARCH 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 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 current 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.

MARCH 31: FCC FORM 508, PROJECTED ANNUAL COMMON LINE REVENUE REQUIREMENT FORM: Section 54.903(a)(1) of the FCC's rules requires each rate-of-return incumbent telecommunications carrier to provide information needed to calculate the Projected Annual Common Line Revenue Requirement for each of its study areas in the upcoming funding year to the Universal Service Administrative Company (USAC). This information must be submitted on March 31 each year, in order for the carrier to be eligible to receive Interstate Common Line Support. This collection of information stems from the Commission's authority under Section 254 of the Communications Act. The data in the form will be used to calculate the amount of support, if any, that each reporting carrier is eligible to receive from the Interstate Common Line Support Mechanism. Carriers are permitted to submit a correction to their March 31 projected carrier common line revenue requirements and supporting data from April 1 until June 30 for the upcoming funding year (July 31, 2008, through June 30, 2009). Additionally, on June 30, carriers are permitted to submit an update to the projected data for the ICLS funding year ending on that date. Permitting these revisions to projected data for current and upcoming ICLS funding years will mitigate the lag between projected and actual data filings and give carriers more meaningful opportunities to revise projections to adjust ICLS where necessary. After the June 30 correction deadline each year, any corrections to projected common line revenue requirement and supporting data shall be made in the form of true-ups, using actual cost and revenue data that a carrier must report in FCC Form 509, Annual Common Line Actual Cost Data Collection Form. (This form is due December 31.) If you are unsure whether this applies to you, please contact us. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

MARCH 31: ANNUAL INTERNATIONAL CIRCUIT STATUS REPORTS. Carriers are reminded that Section 43.82 of the Commission’s rules requires each facilities- based carrier that provides international telecommunications services to file a Circuit Status Report by March 31, 2008. The report should contain data as of December 31, 2007. The information that must be filed and filing format for the Circuit Status Report is described in detail in the Circuit Status Filing Manual. All facilities-based carriers must file a Circuit Status Report if they had any activated or idle circuits as of December 31, 2007. If carriers did not have any activated or idle circuits as of December 31, 2007, they are not required to file this report or file any letter stating that they have no circuits to report. The Filing Manual requires carriers to report the total number of activated and the total number of idle circuits using the following categories: submarine cable, satellite, and landline (cable or microwave). The Filing Manual defines international facilities-based circuits as “international circuits in which a carrier has an ownership interest. For this purpose, the term ownership interest includes outright ownership, indefeasible right of use (IRU) interests, or leasehold interests in bare capacity in an international facility, regardless of whether the underlying facility is a common or non-common carrier submarine cable or … satellite system.” The Filing Manual further explains that leasehold interests in bare capacity “are distinct from private lines leased from another reporting international carrier.” Thus, any telecommunications carrier that has leased an international circuit from another common carrier, a non-common carrier, or a foreign carrier, other than a lease of private line “service” or “capacity” from a common carrier, must file a Circuit Status Report and include that circuit in its report. Such a circuit should be reported as a facilities-based circuit, and not as a facilities-based resold circuit. Private line resellers should report their resold circuits using the Facility Codes 11, 12 and 13 as specified in the Filing Manual. Facilities-based carriers that are regulated as dominant on particular U.S. international routes under Section 63.10 must provide their circuit status information on a facility-specific basis for the dominant route only. Carriers should provide the information in a separate appendix using the same table format in the Filing Manual, but they should add a column labeled "Facility Name" after "Data field #2". Carriers are reminded to file their reports on compact disc (CD) media. The FCC will not accept reports filed on diskettes. But it will accept Excel files. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) support mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities( such as private carrier paging and two-way service providers) that provide interstate telecommunications for a fee. These include but are not limited to ILECs, CLECs, resellers, MVNOs, paging companies, CMRS providers (such as cellular, PCS, and SMR providers). Even common carriers that qualify for the de minimis exemption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal service contributions, but not to the TRS, NANPA, and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast.

APRIL 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, John Prendergast, and Cary Mitchell.

APRIL 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: BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

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. 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 is due April 1. BloostonLaw contacts: Ben Dickens and Gerry Duffy.

MAY 1: RATE INTEGRATION CERTIFICATION. Non-dominant inter-exchange carriers (IXCs), including facilities- based and resellers, that provide de-tariffed 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 de-tariffing or rate integration requirements should contact us. We have a model rate integration certification letter that may be printed on your letterhead. BloostonLaw contacts: Ben Dickens and Gerry Duffy.

MAY 31: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. 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: BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC Meetings and Deadlines

Mar. 19 – Public Meeting on NTIA/RUS broadband grant programs (Washington, D.C.).

Mar. 19 – Deadline for reply comments on Sprint Nextel request to extend BAS relocation deadline (ET Docket No. 02-55).

Mar. 20 – Deadline for comments on auction procedures for Auction No. 79 (FM Construction Permits) (AU Docket No. 0921). Mar. 23 – Deadline for filing certain information collection statements regarding NET 911 Act (PS Docket No. 09-14).

Mar. 23 – Public Meeting on NTIA/RUS broadband grant programs (Washington, D.C.). Mar. 24 – Public Meeting on NTIA/RUS broadband grant programs (Washington, D.C.).

Mar. 25 – Deadline for comments on FCC-USDA rural broadband strategy (GN Docket No. 09-29). Mar. 27 – Deadline for reply comments on NOI regarding FCC’s annual video competition report (MB Docket No. 07-269).

Mar. 31 – FCC Form 507, Universal Service Quarterly Line Count Update, is due.

Mar. 31 – FCC Form 525, Competitive Carrier Line Count Quarterly Report, is due.

Mar. 31 – FCC Form 508, Projected Annual Common Line Revenue Requirement Form, is due.

Mar. 31 – Annual International Circuit Status Report is due.

Apr. 1 – FCC Form 499-A, Telecommunications Reporting Worksheet, is due.

Apr. 1 – Revised DTV Consumer Education requirements for ETCs, MVPDs take effect.

Apr. 1 – Certain sections of DTV Delay Act Omnibus Order take effect (47 C.F.R. Sections 15.124, 54.418, and 76.1630).

Apr. 1 – Deadline for reply comments on auction procedures for Auction No. 79 (FM Construction Permits) (AU Docket No. 09-21).

Apr. 2 – Deadline for comments on petition asking whether creditors can send auto messages to certain wireless numbers (CG Docket No. 02-278).

Apr. 8 – FCC open meeting.

Apr. 10 – Auction 73 winners must file quarterly report covering DTV consumer education outreach efforts for period Jan.-Mar. 2009.

Apr. 11 – Deadline for FCC to act on Embarq forbearance petition regarding IP-to-PSTN voice traffic, or have it deemed granted (WC Docket No. 08-8).

Apr. 13 – Deadline for reply comments on petition asking whether creditors can send auto messages to certain wireless numbers (CG Docket No. 02-278).

Apr. 20 – FCC Form 497, Low Income Quarterly Report, is due.

This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm.

Source: Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP For additional information, contact Hal Mordkofsky at 202-828-5520 or

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Unused Spectrum

March 4th, 2009

Currently, there is a secondary market for licensed spectrum in the U.S. Incumbent operators are leasing spectrum at wholesale rates directly to smaller SPs. In addition, Spectrum Bridge has become "the eBay" of auctioned spectrum. The Spec Ex or spectrum exchange is offered by Spectrum Bridge (

Source: Viodi

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InfoRad Wireless Office

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Paging & Wireless Network Planners

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R.H. (Ron) Mercer
217 First Street South
East Northport, NY 11731
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Cell Phone: 631-786-9359

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Paging & Wireless Network Planners

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If you enjoyed this newsletter, please recommend it to a friend or colleague.

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With best regards,

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Newsletter Editor


Brad Dye, Editor
The Wireless Messaging Newsletter
P.O. Box 13283
Springfield, IL 62791 USA
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Skype: braddye
Telephone: 217-787-2346
Wireless Consulting page
Paging Information Home Page
Marketing & Engineering Papers
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Brad Dye's Facebook profile

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I have also started a Facebook Group left arrow associated with this newsletter. It is an open group and you are welcome to join. Just click on the link above.

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Anonymous quotations for today's tough times.

“Time is the cruelest teacher; first she gives the test, then teaches the lesson.”

“Time goes by so fast, people go in and out of your life. You must never miss the opportunity to tell these people how much they mean to you.”

“You can't change the past, but you can ruin the present by worrying about the future”

“Tough times are there so you can have a good time later on—and really appreciate it!”

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The local newspaper here in Springfield, Illinois costs 75¢ a copy and it NEVER mentions paging. If you receive some benefit from this publication maybe you would like to help support it financially? A donation of $25.00 would represent approximately 50¢ a copy for one year. If you are so inclined, please click on the PayPal Donate button to the left. No trees were chopped down to produce this electronic newsletter.

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iland internet sulutions This newsletter is brought to you by the generous support of our advertisers and the courtesy of iland Internet Solutions Corporation. For more information about the web-hosting services available from iland Internet Solutions Corporation, please click on their logo to the left.

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