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Blackberry CEO on security, future of the company

CBS This Morning
Published on March 3, 2017
It's been 15 years since BlackBerry released its first smartphone in 2002. But amid increasing competition with Apple and Samsung, the company has seen a steady decline in sales. Blackberry is now on a mission to reinvent its brand by focusing on software and security. John Chen, CEO and executive chairman of BlackBerry, joins “CBS This Morning” to discuss the latest innovations.

[source] 

‘Paging Dr. VT320, paging Dr. VT320’

Network World | MAR 2, 2017 9:04 AM PT

Credit: Sambuking/Imgur

Writes a contributor to Reddit’s section devoted to all things “mildly interesting;”

“This is the computer (pictured above) which controls the paging system at the hospital where I work.”

The audience found this much more than mildly interesting, as the post attracted more than 500 comments and 13,000 up-votes.

The comments were split between those who see a disaster in the making:

“You may find it funny, but aging hardware and obsolete systems plague medical facilities, and when those critical old pieces fail, it costs the facility many times more capital and labor power to restore critical systems, and risks patient health and safety.”

And those who note that the “computer” is just a terminal and it’s clearly reliable; in short, “If it ain't broke, don't fix it.”

What we’re looking at here is a VT320 terminal sold by Digital Equipment Corp. from 1987 to 1990. Since DEC was gobbled up by Compaq in 1998, it means this particular VT320 outlived its maker by roughly 20 years.

What did it bring to the table in it’s heyday? From Wikipedia:

The VT300s introduced a number of new features compared to the VT200s. With the great increase in RAM available, the 300's added the ability to store several pages of data locally, as well as perform editing on that data entirely within the terminal. The user could scroll up and down among several pages, normally about three, perform edits, and then send all of the changes to the host in a single operation. This required compatible host-side software to work. That memory also meant all of the 300 series were able to store large numbers of sixel-based glyphs, allowing them to be used not only as a user-defined character set as in the earlier 200's, but also to produce full-screen bitmap graphics by storing a separate sixel for each location on the screen.

Whether one would like to be treated at a hospital still using it is clearly a matter of opinion.

[source]

Wayne County, Illinois

Emergency Radio Communications Wireless Messaging Critical Messaging Two-way Radio Technology Telemetry Science Paging Wi-Fi

Wireless Messaging

This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.

A new issue of the Wireless Messaging Newsletter is 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 web. 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 Messaging 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 Messaging 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.

I spend the whole week searching the Internet for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.

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Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!

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Spōk Reports Fourth Quarter and Full Year 2016 Operating Results; Software Bookings Increase from Prior Quarter

Business Wire
March 1, 2017

SPRINGFIELD, Va.    —(BUSINESS WIRE)—

Spok Holdings, Inc. (SPOK), the global leader in critical communications, today announced operating results for the fourth quarter and year ended December 31, 2016. In addition, the Company’s Board of Directors declared a regular quarterly dividend of $0.125 per share, payable on March 30, 2017 to stockholders of record on March 17, 2017.

2016 Fourth Quarter Results

In the 2016 fourth quarter, consolidated revenue was $44.2 million, compared to $47.3 million in the fourth quarter of 2015 and $45.4 million in the third quarter of 2016. Software revenue totaled $17.7 million in the fourth quarter of 2016, compared to $18.6 million in the fourth quarter of 2015 and $18.4 million in the third quarter of 2016. Wireless revenue totaled $26.5 million in the fourth quarter, compared to $28.7 million in the year-earlier quarter and $27.0 million in the prior quarter.

2016 fourth quarter net income was $3.0 million, or $0.15 per share, compared to net income of $68.7 million, or $3.28 per share, in the fourth quarter of 2015. In the fourth quarter of 2015, net income included a non-cash income tax benefit of $64.2 million. The income tax benefit resulted from the reduction of the deferred income tax asset valuation allowance reflecting the Company’s fourth quarter analysis of its future operations. In accordance with applicable accounting standards that analysis determined that more of the Company’s deferred income tax assets were recoverable in future periods and that quarter’s income tax benefit reflects that adjustment. Excluding this benefit, fourth quarter 2015 net income would have totaled $4.6 million or $0.22 per share.

Fourth quarter EBITDA (earnings before interest, taxes, depreciation, amortization and accretion) totaled $7.9 million, or 17.8 percent of revenue, compared to $9.9 million, or 20.9 percent of revenue, in the year-earlier quarter, and $9.3 million, or 20.4 percent of revenue, in the third quarter of 2016.

2016 Full Year Results

For the full year 2016, consolidated revenue was $179.6 million, compared to $189.6 million in 2015. Wireless revenue was $109.6 million and software revenue was $70.0 million, compared to $119.0 million and $70.6 million, respectively, for 2015.

Net income for 2016 was $14.0 million, or $0.68 per share, compared to net income of $80.2 million, or $3.74 per share, for the previous year. In 2015, net income included a non-cash income tax benefit related to the reduction of the valuation allowance associated with the Company’s deferred income tax assets. In the fourth quarter the Company determined that more of the deferred income tax assets were recoverable in future periods and the 2015 income tax benefit reflects that adjustment. Excluding this income tax benefit, full year 2015 net income would have totaled $16.1 million, or $0.75 per share.

EBITDA for full year 2016 was $35.1 million, or 19.6 percent of revenue, compared to $39.1 million, or 20.6 percent of revenue, for 2015.

Key Operating Highlights

Other key results and highlights for the 2016 fourth quarter and full year included:

• Software bookings in the fourth quarter increased to $20.0 million, from $18.7 million in the prior quarter. Fourth quarter bookings included $9.3 million of operations bookings and $10.7 million of maintenance renewals. For 2016, bookings totaled $73.9 million, compared to $74.0 million in 2015. Maintenance bookings for 2016 totaled $40.3 million.
• Software backlog totaled $38.3 million at December 31, 2016, compared to $38.8 million at September 30, 2016, and $38.7 million at year-end 2015.
• Of the $17.7 million in software revenue for the fourth quarter, $8.1 million was operations revenue and $9.6 million was maintenance revenue, compared to $9.6 million and $9.0 million, respectively, of the $18.6 million in software revenue for the fourth quarter of 2015.
• The renewal rate for software maintenance in the fourth quarter continued to exceed 99 percent.
• The quarterly rate of paging unit erosion was 1.2 percent in the fourth quarter of 2016, compared to 1.6 percent in the year-earlier quarter. The annual rate of unit erosion improved to 5.3 percent in 2016 versus 6.6 percent in the prior year. Net paging unit losses were 13,000 in the fourth quarter of 2016, versus 19,000 in the fourth quarter of 2015. Paging units in service at December 31, 2016 totaled 1,111,000, compared to 1,173,000 at the end of the prior year.
• The quarterly rate of wireless revenue erosion slowed to 1.8 percent in the fourth quarter of 2016 versus 2.2 percent in the year-earlier quarter, while the annual rate of wireless revenue erosion in 2016 slowed to 7.9 percent versus 10.1 percent in 2015.
• Total paging ARPU (average revenue per unit) was $7.59 in the fourth quarter of 2016, compared to $7.79 in the year-earlier quarter and $7.63 in the prior quarter. For the year, ARPU totaled $7.67, compared to $7.83 in 2015.
• Consolidated operating expenses (excluding depreciation, amortization and accretion) totaled $36.3 million in the fourth quarter of 2016, compared to $37.4 million in the year-earlier quarter. For 2016, operating expenses totaled $144.4 million, compared to $150.6 million in 2015.
• Capital expenses were $1.9 million in the fourth quarter of 2016, compared to $2.0 million in the year-earlier quarter. For 2016, capital expenses totaled $6.3 million, compared to $6.4 million in 2015.
• The number of full-time equivalent employees at December 31, 2016 totaled 587, compared to 600 at year-end 2015.
• Capital, including commitments, to be returned to stockholders for 2016 totaled $22.0 million. This came in the form of $10.3 million from the regular quarterly dividend, $6.5 million from share repurchases and $5.2 million from the special dividend that was declared in late December and paid in January 2017.
• The Company’s cash balance at December 31, 2016 grew to $125.8 million, from $111.3 million at December 31, 2015.

Management Commentary

“We are encouraged with our performance in the fourth quarter of 2016 and for the full year,” said Vincent D. Kelly, chief executive officer. “We met or exceeded our expectations on key operating measures, including revenue levels, operating expense management, cash flow and subscriber retention. We achieved these results, as we continued investing in our future, enhancing and upgrading our operating platforms and sales infrastructure. We believe that these investments in our systems and people position us well for the future. Overall, we continued to operate profitably, enhance our product offerings, and further strengthen our balance sheet. Our ability to generate healthy cash flow levels allowed us to execute against our capital allocation strategy, make key strategic investments and enhance stockholder value.”

The Company posted solid results for its wireless products and services in the fourth quarter. Gross pager placements totaled 36,000 versus 31,000 in the year-earlier quarter, while gross disconnects of 49,000 improved from 50,000 in the fourth quarter of 2015. “As a result, annual net pager losses declined to a near historical low of 5.3 percent from the prior year-end and were down 1.2 percent for the fourth quarter, down sharply from prior-year results,” continued Kelly. “Overall, wireless sales efforts continued to focus primarily on our core market segment of Healthcare. It comprised 79.3 percent of our direct subscriber base, and continued to be our best performing market segment with the highest rate of gross placements and lowest rate of unit disconnects.”

Commenting on software results, Kelly said: “While we continued to make key strategic investments in our business, software revenue in 2016 totaled $70 million, consistent with prior year results.” Kelly attributed 2016 performance primarily to a continuing trend of a more than 99 percent renewal rate on software maintenance contracts. Maintenance revenue is a largely recurring revenue stream that provides Spok with a more stable revenue base.

Fourth quarter 2016 software bookings of $20.0 million were up more than 7 percent from the prior quarter. For the full year, bookings totaled $73.9 million, generally unchanged from prior-year levels. “Demand remained strong in the domestic markets for upgrades and installations of call center solutions, along with healthcare applications to increase patient safety, improve nursing workflows and enhance organizational efficiencies,” said Kelly. “While domestic markets performed well, we continue to see some sluggishness internationally in both EMEA and APAC.”

Continued Kelly, “We are focused on investments to grow our software solutions, while maintaining our valuable wireless revenue stream. In 2016 we took steps to strengthen our leadership team. During the year, we enhanced our employee base by hiring Don Soucy, an industry veteran, as executive vice president of sales; Dr. Nat’e Guyton, our chief nursing officer; and Dr. Andrew Mellin, M.D., our chief medical officer. We also added 31 product development specialists and staff. We started this year by announcing a nearly 45 percent planned increase in our Eden Prairie, Minn.-based development staff over the next two years.”

In 2016, Spok committed to return $21 million in capital to stockholders. During the year, the Company paid $10.3 million in regular quarterly dividends, repurchased 388,255 shares of common stock, totaling $6.5 million, and declared a special dividend of $5.2 million to stockholders in December, for a total of $22 million. “In 2016, we were proud to be able to exceed the commitment we made to our stockholders at the beginning of the year," continued Kelly. "In 2017, we remain focused on our comprehensive capital allocation strategy. Like our peers, Spok has several options to deploy excess cash. We can pay dividends, buy back stock, pay down debt, acquire companies or invest back into our business. This year we are focused on the first and last choices, dividends and key strategic investments. We do not have any debt. And, we will remain open-minded to acquisition opportunities, that may arise, and share repurchases, as the markets permit. However, as we kick-off the year we are primarily focused on continuing our dividend policy and enhancing our research and development efforts for our solution set. We continue to believe that these investments in our solution will drive long-term sustainable organic growth for our stockholders.”

Kelly noted that in addition to the financial performance the Company was able to achieve in 2016, progress was made in several other areas, including product development, sales strategy and key strategic partnership agreements. “Spok continues to build an industry-leading reputation,” commented Kelly. “Last week, we presented the latest evolution of our suite of integrated healthcare communication and collaboration solutions, Spok Care Connect®, at the 2017 HIMSS Annual Conference & Exhibition, in Orlando. Spok generated tremendous attention and high approval ratings at the conference. We intend to carry that momentum throughout 2017 in order to stimulate long-term growth. We remain committed to our core values of putting the customer first, creating solutions that matter, innovation and accountability. Combined with our strong team, solid financial platform and industry-leading products and services, Spok is well positioned to meet the challenges of 2017 and to generate future growth.”

Shawn E. Endsley, chief financial officer, said: “Revenue contribution from both software and wireless, combined with focused expense management, helped maintain solid operating cash flow, EBITDA and operating margins for the quarter, as we continued to invest in our business for long-term growth. We also strengthened our balance sheet, recording a cash balance of $125.8 million at December 31, 2016 and continued to operate as a debt-free company at year end.”

Business Outlook

Commenting on the Company’s previously provided financial guidance for 2016, Endsley noted: “We are pleased that 2016 results were consistent with the guidance we had provided. For the year, total revenue of $179.6 million was within our guidance range of $174 million to $192 million, operating expenses of $144.4 million were better than our guidance range of $153 million to $159 million, and capital expenses of $6.3 million were at the low-end of our guidance range of $6.0 million to $8.0 million.” With regard to financial guidance for 2017, Endsley said the Company expects total revenue to range from $161 million to $177 million, operating expenses (excluding depreciation, amortization and accretion) to range from $153 million to $159 million, and capital expenses to range from $8 million to $12 million.

2016 Fourth-Quarter and Full-Year Call and Replay:

Spok plans to host a conference call for investors to discuss its 2016 fourth quarter and full year results at 10:00 a.m. ET on Thursday, March 2, 2017. Dial-in numbers for the call are 913-981-5507 or 888-599-4883. The pass code for the call is 9242683. A replay of the call will be available from 1:00 p.m. ET on March 2, 2017 until 1:00 p.m. ET on Thursday, March 16, 2017. To listen to the replay, please register at http://tinyurl.com/spokQ4earningsreplay. Please enter the registration information, and you will be given access to the replay.

About Spok

Spok Holdings, Inc. (SPOK), headquartered in Springfield, Va., is proud to be the global leader in healthcare communications. We deliver clinical information to care teams when and where it matters most to improve patient outcomes. Top hospitals rely on the Spok Care Connect® platform to enhance workflows for clinicians, support administrative compliance, and provide a better experience for patients. Our customers send over 100 million messages each month through their Spok® solutions. When seconds count, count on Spok.

Safe Harbor Statement under the Private Securities Litigation Reform Act: Statements contained herein or in prior press releases which are not historical fact, such as statements regarding Spok’s future operating and financial performance, are forward-looking statements for purposes of the safe harbor provisions under the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve risks and uncertainties that may cause Spok’s actual results to be materially different from the future results expressed or implied by such forward-looking statements. Factors that could cause actual results to differ materially from those expectations include, but are not limited to, declining demand for paging products and services, continued demand for our software products and services, our ability to develop additional software solutions for our customers and manage our development as a global organization, the ability to manage operating expenses, future capital needs, competitive pricing pressures, competition from both traditional paging services and other wireless communications services, competition from other software providers, government regulation, reliance upon third-party providers for certain equipment and services, as well as other risks described from time to time in our periodic reports and other filings with the Securities and Exchange Commission. Although Spok believes the expectations reflected in the forward-looking statements are based on reasonable assumptions, it can give no assurance that its expectations will be attained. Spok disclaims any intent or obligation to update any forward-looking statements.

Source:

Yahoo Finance

Enhancing Mobile Alert Response

sales@wirelessmessaging.com
800-373-1466
2630 National Dr., Garland, TX 75041

New Products

OMNI Messaging Server

• Combines Nurse Call Monitoring and Browser Based Messaging
• Combines Radio Paging with Smartphone and E-mail Integration
• Embedded System with 2 RS-232 Ports and Ethernet
• Browser Based Messaging and Configuration
• Smartphone Alert Notification Using Low-Latency Communication Protocols
• TAP, COMP2, Scope, WaveWare, SNPP, PET and SIP Input Protocols
• PIN Based Routing to Multiple Remote Paging Systems
• 2W, 5W Radio Paging

MARS (Mobile Alert Response System)

• Combines Paging Protocol Monitoring and Wireless Sensor Monitoring (Inovonics and Bluetooth LE)
• Improves Mobile Response Team Productivity using Smartphone App
• Low-Latency Alerts using Pagers, Smartphones, Corridor Lights, Digital Displays and Annunciation Panels
• Automated E-mail Based Alert Response and System Status Reports
• Linux Based Embedded System with Ethernet and USB Ports
• Browser Based Configuration

STG (SIP to TAP Gateway)

• Monitors SIP protocol (engineered for Rauland Responder V nurse call)
• Outputs TAP protocol to Ethernet and Serial Port Paging Systems
• Linux Based Embedded System
• Browser Based Configuration

A Problem

The Motorola Nucleus II Paging Base Station is a great paging transmitter. The Nucleus I, however, had some problems.

One of the best features of this product was its modular construction. Most of the Nucleus' component parts were in plug-in modules that were field replaceable making maintenance much easier.

One issue was (and still is) that two of the modules had to always be kept together. They are called the “matched pair.”

Motorola used some tricks to keep people in the field from trying to match unmatched pairs, and force them to send SCM and Exciter modules back to the factory for calibrating them with precision laboratory equipment.

The serial numbers have to match in the Nucleus programing software or you can't transmit. Specifically the 4-level alignment ID parameter contained in the SCM has to match the Exciter ID parameter.

Even if someone could modify the programing software to “fudge” these parameters, that would not let them use unmatched modules effectively without recalibrating them to exact factory specifications.

So now that there is no longer a Motorola factory laboratory to send them to, what do we do?

I hope someone can help us resolve this serious problem for users of the Nucleus paging transmitter.

Please let me know if you can help. [ click here ]

Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.

• We treat our customers like family. We don’t just fix problems . . . We recommend and implement better cost-effective solutions.
• We are not just another vendor . . . We are a part of your team. All the advantages of high priced full time employment without the cost.
• We are not in the Technical Services business . . . We are in the Customer Satisfaction business.

Experts in Paging Infrastructure

• Glenayre, Motorola, Unipage, etc.
• Excellent Service Contracts
• Full Service—Beyond Factory Support
• Contracts for Glenayre and other Systems starting at $100
• Making systems More Reliable and MORE PROFITABLE for over 30 years.

Please see our web site for exciting solutions designed specifically for the Wireless Industry. We also maintain a diagnostic lab and provide important repair and replacement parts services for Motorola and Glenayre equipment. Call or e-mail us for more information.

Procedural Concerns Lead EWA to File Application for Review

For Immediate Release
Contact: Andrea Cumpston, Communications Director
Email: andrea.cumpston@enterprisewireless.org
Phone: 703-797-5111

February 23, 2017 (Herndon, VA) — On February 17, 2017, the Enterprise Wireless Alliance (EWA) filed an Application for Review with the Federal Communications Commission (FCC) requesting that the FCC review its Order granting a blanket earth station license to Higher Ground LLC that permits it to operate on a non-interfering basis up to 50,000 mobile earth terminals (SatPaqs) in the 5925-6425 MHz band (6 GHz band). EWA stated that the action taken by the Wireless Telecommunications Bureau and the Office of Engineering and Technology (the Bureaus) in granting the Order conflicts with established FCC policy and urged the FCC to set aside the grant of the waiver, return Higher Ground’s application to pending status, and initiate a rulemaking proceeding where the many concerns about the proposed system’s potential for interference can be evaluated in detail and weighed against whether it is in the public interest.

Higher Ground plans to offer broadband communications services that would enable consumer-based text messaging, light email and Internet of Things (IoT) communications. In the Order, the Bureaus contend that a waiver is appropriate because Higher Ground is requesting a unique use of the band rather than establishing a new category of use.

“EWA has the highest regard for the Bureaus and is not taking issue with the technical aspects of the Order at this time,” said EWA President Mark Crosby. “A change in the use of this band should be the outcome of a discussion among all stakeholders through the well-established process of a rulemaking. The outcome should be a Commission decision that all parties can accept as an appropriate balancing of the rights of fixed service incumbents and the public benefit of introducing another broadband consumer service,” he continued.

About the Enterprise Wireless Alliance

The Enterprise Wireless Alliance is an FCC-certified frequency advisory committee and leading advocate for business enterprises that rely on wireless communications systems. EWA provides its members and clients with license preparation, spectrum management and associated services. Membership in EWA is open to users of wireless communications systems, vendors, system operators and service organizations. EWA is the creator of Cevo^®, a powerful frequency coordination portal, which includes the industry’s first mobile app for frequency inquiries. Additional information about membership and services is available at www.enterprisewireless.org .

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Repair and Refurbishment Services

Product Support Services, Inc.

511 South Royal Lane
Coppell, Texas 75019
(972) 462-3970 Ext. 261
sales@pssirl.com
www.pssirl.com

PSSI is the industry leader in reverse logistics, our services include depot repair, product returns management, RMA and RTV management, product audit, test, refurbishment, re-kitting and value recovery.

Reference:

What is the Second Law of Thermodynamics?

By Jim Lucas, Live Science Contributor
May 22, 2015 01:22am ET

The Second Law of Thermodynamics says that processes that involve the transfer or conversion of heat energy are irreversible. Credit: Hayati Kayhan | Shutterstock

The laws of thermodynamics describe the relationships between thermal energy, or heat, and other forms of energy, and how energy affects matter. The First Law of Thermodynamics states that energy cannot be created or destroyed; the total quantity of energy in the universe stays the same. The Second Law of Thermodynamics is about the quality of energy. It states that as energy is transferred or transformed, more and more of it is wasted. The Second Law also states that there is a natural tendency of any isolated system to degenerate into a more disordered state.

Brad's note:
This is a good “academic description” of how and why you feel like you do as you become an old person.

Specialists in sales and service of equipment from these leading manufacturers, as well as other two-way radio and paging products:

	Motorola SOLUTIONS
	Motorola MOBILITY

Disaster-Proven Paging for Public Safety

Paging system designs in the United States typically use a voice radio-style infrastructure. These systems are primarily designed for outdoor mobile coverage with modest indoor coverage. Before Narrowbanding, coverage wasn’t good, but what they have now is not acceptable! The high power, high tower approach also makes the system vulnerable. If one base station fails, a large area loses their paging service immediately!

Almost every technology went from analog to digital except fire paging. So it’s time to think about digital paging! The Disaster-Proven Paging Solution (DiCal) from Swissphone offers improved coverage, higher reliability and flexibility beyond anything that traditional analog or digital paging systems can provide. 

Swissphone is the No. 1 supplier for digital paging solutions worldwide. The Swiss company has built paging networks for public safety organizations all over the world. Swissphone has more than 1 million pagers in the field running for years and years due to their renowned high quality.

DiCal is the digital paging system developed and manufactured by Swissphone. It is designed to meet the specific needs of public safety organizations. Fire and EMS rely on these types of networks to improve incident response time. DiCal systems are designed and engineered to provide maximum indoor paging coverage across an entire county. In a disaster situation, when one or several connections in a simulcast solution are disrupted or interrupted, the radio network automatically switches to fall back operating mode. Full functionality is preserved at all times. This new system is the next level of what we know as “Simulcast Paging” here in the U.S.

Swissphone offers high-quality pagers, very robust and waterproof. Swissphone offers the best sensitivity in the industry, and battery autonomy of up to three months. First responder may choose between a smart s.QUAD pager, which is able to connect with a smartphone and the Hurricane DUO pager, the only digital pager who offers text-to-voice functionality.

Bluetooth technology makes it possible to connect the s.QUAD with a compatible smartphone, and ultimately with various s.ONE software solutions from Swissphone. Thanks to Bluetooth pairing, the s.QUAD combines the reliability of an independent paging system with the benefits of commercial cellular network. Dispatched team members can respond back to the call, directly from the pager. The alert message is sent to the pager via paging and cellular at the same time. This hybrid solution makes the alert faster and more secure. Paging ensures alerting even if the commercial network fails or is overloaded.

Swissphone sets new standards in paging:

Paging Network

• It’s much faster to send individual and stacked pages digitally than with analog voice.
• If you want better indoor coverage, you put sites closer together at lower heights.
• A self-healing system that also remains reliable in various disaster situations.
• Place base station where you need them, without the usage of an expensive backhaul network.
• Protect victim confidentiality and prevent unauthorized use of public safety communications, with integrated encryption service.

Pager

• Reliable message reception, thanks to the best sensitivity in the industry.
• Ruggedized and waterproof, IP67 and 6 1/2-feet drop test-certified products.
• Battery autonomy of up to three months, with a standard AA battery.
• Bluetooth enables the new s.QUAD pager to respond back to the dispatch center or fire chief.

Dispatching:

• Two-way CAD interfaces will make dispatching much easier.
• The new s.ONE solution enables the dispatcher or fire chiefs to view the availability of relief forces.
• A graphical screen shows how many of the dispatched team members have responded to the call.

Swissphone provides a proven solution at an affordable cost. Do you want to learn more?
Visit: www.swissphone.com or call 800-596-1914.

Friday, March 3, 2017	Volume 5 | Issue 44

Repack Questions: Is 39 Months Enough Time? Is $1.75B Enough?

The wireless industry wants to get its hands on the spectrum being vacated by television broadcasters as soon as possible and believes the FCC-allotted 39 months for the TV channel repack following the end of the incentive auction is feasible. Broadcasters don’t think 39 months is enough time and they certainly don’t think the $1.75 billion Congress has allotted for reimbursement costs will be enough. That’s what representatives of both industries told lawmakers Thursday during a hearing on spectrum needs of the Communications Subcommittee of the U.S. Senate Commerce Committee.

CTIA VP, Regulatory Affairs Scott Bergmann said getting timely access to the 70 megahertz of new mobile broadband spectrum, and an additional 14 megahertz of spectrum for unlicensed uses like WiFi and LTE-U/Licensed Assisted Access services, is critical to the country’s leadership in 5G. Noting that the wireless industry supports a “seamless repacking process” for broadcasters, he also said it’s a long time to wait, which could have consequences. “Three years and three months is significantly longer than the wireless industry has had to wait to begin deploying new services to consumers in recent auctions, and any delay would put at risk 5G development, rural build-out, and be inequitable to those companies investing nearly $20 billion in new spectrum.”

Raycom Media President/CEO Pat LaPlatney, testifying for NAB, emphasized broadcasters believe the time and money allotted for the repack “will be inadequate.” The owner of 60 television stations received its FCC letter a month ago informing Raycom where its new channels would be. “It’s a complicated process. In a couple of markets we have to move from Channel 12 to Channel 8,” said LaPlatney.

Such a move will entail a new antenna “that will weigh potentially thousands of pounds more” that needs to be erected “on the tower,” he said. LaPlatney thanked Senators Jerry Moran (R-KS) and Brian Schatz (D-HI), as well as co-sponsors, including Senators Richard Blumenthal (D-CT), Deb Fischer (R-NE) and Roy Blunt (R-MO), for their work on draft legislation that ensures broadcasters have adequate time and resources to successfully repack. The draft ensures no television or radio broadcaster would pay out of pocket to cover repack costs and that no broadcaster will be forced off the air due to circumstances beyond their control.

Wireless Communication Solutions

USB Paging Encoder

• Single channel up to eight zones
• Connects to Linux computer via USB
• Programmable timeouts and batch sizes
• Supports 2-tone, 5/6-tone, POCSAG 512/1200/2400, GOLAY
• Supports Tone Only, Voice, Numeric, and Alphanumeric
• PURC or direct connect
• Pictured version mounts in 5.25" drive bay
• Other mounting options available
• Available as a daughter board for our embedded Internet Paging Terminal (IPT)

Paging Data Receiver (PDR)

• Frequency agile—only one receiver to stock
• USB or RS-232 interface
• Two contact closures
• End-user programmable w/o requiring special hardware
• 16 capcodes
• POCSAG
• Eight contact closure version also available
• Product customization available

Other products

Please see our web site for other products including Internet Messaging Gateways, Unified Messaging Servers, test equipment, and Paging Terminals.

Contact

Hark Technologies 717 Old Trolley Rd Ste 6 #163 Summerville, SC 29485

Tel: 843-821-6888

Fax: 843-821-6894

E-mail: sales@harktech.com CLICK

Web: http://www.harktech.com CLICK

SEE WEB FOR COMPLETE LIST:

www.preferredwireless.com/equipment

Rick McMichael
Preferred Wireless, Inc.
Telephone: 888-429-4171
(If you are calling from outside of the USA, please use: 314-575-8425)
rickm@preferredwireless.com

Selected portions [sometimes more, sometimes less] of the BloostonLaw Telecom Update, and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP — are reproduced in this section with the firm’s permission.

Special Edition

High Cost Universal Service Broadband (HUBB) Filing Deadlines Extended

The FCC has issued an Order granting, with slight modifications, petitions filed by NTCA–The Rural Broadband Association (NTCA) and WTA–Advocates for Rural Broadband (WTA), seeking a short term waiver of the March 1, 2017 deadline for certain Connect America Fund recipients to report their first set of geo-located broadband information and related certifications (collectively, “broadband information”) through the High Cost Universal Service Broadband (HUBB) Portal. Specifically, the FCC extended the deadline for recipients of CAF Phase II support to file information regarding locations deployed in 2016 until July 1, 2017 , or two weeks after the announcement of PRA approval for the FCC’s filing portal, whichever is later. The FCC also extended the deadline for recipients of Connect America Fund-Broadband Loop Support (CAF-BLS) to file information regarding locations deployed from May 25, 2016, to December 31, 2016 until March 1, 2018, or two weeks after the announcement of PRA approval for the FCC’s filing portal, whichever is later.

In light of the extension, the FCC stated that it expects carriers will have filed data, received back from the HUBB portal any feedback and errors, and, in response, addressed any issues with their data in advance of the revised deadlines.

BloostonLaw Contacts: Gerry Duffy , Sal Taillefer , Mary Sisak , and Ben Dickens .

FCC Extends Form 477 Filing Deadline Indefinitely Due To Technical Difficulties

On February 24, the FCC issued a Public Notice extended the March 1, 2017 filing deadline for the submission of Form 477 data as of December 31, 2016 due to “significant and unanticipated technical issues that have required the site to be inaccessible.” Once the site reopens, the FCC will release another Public Notice establishing the new filing deadline.

BloostonLaw Contacts: Gerry Duffy , Sal Taillefer , Mary Sisak , and Ben Dickens .

REMINDER: Accessibility Recordkeeping Certification
Due April 1

March 1, the FCC issued a Public Notice reminding service providers of the obligation to maintain records of their efforts to implement the requirements of the Twenty-First Century Communications and Video Accessibility Act (CVAA), and to file a Certification of Compliance April 1. Among other things, the CVAA requires covered providers (including local exchange telephone service, long distance toll service, cellular service, paging service and interconnected VoIP) to ensure advanced communications offerings are accessible to and usable by individuals with disabilities, and to document their efforts to do so.

The certification must be supported with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of the company with personal knowledge of the representations provided in the company's certification, verifying the truth and accuracy of the filing. Carriers seeking assistance with the recordkeeping certification should contact the firm for more information.

BloostonLaw Contacts: Gerry Duffy , Cary Mitchell , and Sal Taillefer .

Headlines

FCC Stays Broadband Privacy Rules

Late in the day on March 1, the FCC voted 2-1 (along party lines) at the eleventh hour to issue an Interim Stay Order to temporarily block the rules adopted in the Broadband Privacy Order of November 2016 from going into effect tomorrow, March 2.

As we reported in a previous edition of the BloostonLaw Telecom Update, these rules apply to broadband service providers and other telecommunications carriers, including LECs and wireless carriers. They modify existing FCC rules concerning the treatment of customer proprietary network information (CPNI) under section 222 of the Communications Act and establish a framework of customer consent to use and share customers’ personal information that is “calibrated to the sensitivity of the information.” As a result of the order and rules, among other things, the duty of broadband internet access service (BIAS) providers and other telecommunications carriers to protect customer proprietary information under Section 222 will begin when a person applies for service and continue after a subscriber terminates his or her service. All information that a BIAS provider causes to be collected or stored on a customer’s device, including customer premises equipment (CPE) and mobile stations, will meet the revised statutory definition of CPNI. According to the FCC, the fact that CPNI is on a device and has not yet been transmitted to the carrier’s own servers does not remove the data from the definition of CPNI, if the collection has been done at the carrier’s direction. The Broadband Privacy Order also adopted multiple tiers of consent necessary for BIAS providers to obtain from customers before using CPNI.

Several petitions for reconsideration of the Order were filed, but have not yet been acted upon. Clyburn and FTC Commissioner Terrel McSweeney issued a joint statement condemning the action. “I am very troubled by the news that the data security protections of the Broadband Privacy Rule will be put on hold… This action weakens the security requirement guarding every consumers’ most personal data and should be reconsidered,” said Commissioner McSweeney. “This means no federal data security requirements whatsoever for broadband providers,” said the pair.

BloostonLaw Contacts: Ben Dickens , Gerry Duffy , Mary Sisak , and Sal Taillefer .

FCC Establishes Rules for CAF Phase II Auction

On February 23, the FCC set key rules for the upcoming Connect America Fund (CAF) Phase II reverse auction, in which providers will compete for support to expand broadband to unserved areas, along with voice service. Specifically, the Order :

• Establishes bidding weights to compare bids across performance tiers set last year (see 2016 press release at https://apps.fcc.gov/edocs_public/attachmatch/DOC-339550A1.docx )
• These weights account for the value of higher speeds, higher usage allowances, and low latency
• But the formula used to rank bidders purportedly balances these performance goals with the need to reach as many consumers as possible within the FCC’s budget for rural universal service support

Next steps for the Phase II auction include seeking comment on auction mechanics. After consideration of the record developed, the FCC will vote on final auction details and set specific deadlines and dates. A preliminary map of areas eligible for the Phase II auction is available at https://www.fcc.gov/reports-research/maps/caf-2- auction-preliminary-areas/

At this time, the full text of the document is not yet available.

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

FCC Extends Enhanced Transparency Exemption for Small Providers, and Larger Ones Too

On February 23, the FCC adopted an Order extending the small provider exemption from the 2015 Open Internet Order’s enhanced transparency rules for a period of five years. Specifically, the Order finds that providers with 250,000 or fewer broadband connections would be disproportionately impacted if required to comply immediately with the 2015 enhanced reporting requirements. This is actually an increase from the original exemption, which only applied to providers with 100,000 or fewer broadband connections, and is a noteworthy change because, as Commissioner Clyburn points out in her dissent, “many of the nation’s largest broadband providers are actually holding companies, comprised of many smaller operating companies. So what today’s Order does, is exempt these companies’ affiliates that have under 250,000 connections by declining to aggregate the connection count at the holding company level.” Therefore, it appears that this may only be step one in the new FCC’s stated objective of eliminating the 2015 Open Internet Order entirely.

The Order applies retroactively and prospectively to cover the period beginning on the date the enhanced reporting requirements became effective, January 17, 2017, and ending five years after the date the order is adopted. It is important to note that small providers are still required to comply with the original transparency rules adopted in the 2010 Open Internet Order.

The full text of the document is not yet available.

BloostonLaw Contacts: Ben Dickens , Gerry Duffy , Mary Sisak , and Sal Taillefer .

FCC Allots $450 Million Per Year for Mobility Fund Phase II

On February 23, the FCC adopted an Order providing $453 million in annual universal service support through the FCC’s Mobility Fund Phase II for a period of ten years. Specifically, the Order is intended to:

• Close Coverage Gaps Through a Mobility Fund II Auction
  • $453 million in annual support for winning bidders to preserve and extend 4G LTE in areas where the market can’t sustain or extend service absent government support.
  • A total of ten years of support, disbursed in monthly installments.
• Target Areas Needing Support
  • Eligible areas include any portion of a census block not fully covered by unsubsidized 4G LTE coverage with a minimum advertised download speed of 5 Mbps.
  • Eligible areas to be identified using carrier-certified coverage data (Form 477). A robust challenge process, the parameters of which will be determined by the Commission after consideration of comments received in response to the Further Notice included with today’s Order, will give all interested parties the opportunity to bring additional data to the FCC before the eligible areas list is finalized.
  • Adopt plans to rapidly phase out unnecessary legacy CETC support from the FCC’s Universal Service Fund, commencing the first day of the month following the close of the auction, with unneeded CETC support ending after two years.
• Set Service Requirements
  • Median data speeds of 10/1 Megabits per second (Mbps).
  • Latency of less than 100 milliseconds (ms).
  • Rates that are reasonably comparable to urban rates.
• Establish an Auction Framework
  • Funding distributed through a market-based, multi-round reverse auction.
  • Bidding and performance assessed by square miles covered.
  • Oversight and accountability provisions to provide financial security and protect against default.
  • Reserves up to an estimated $34 million of the total $453 million of annual support for 4G LTE on eligible Tribal lands.

  The full text of the document is not yet available.

  BloostonLaw Contacts: John Prendergast , and Cary Mitchell .

Law & Regulation

FCC Eliminates or Streamlines Accounting Requirements

On February 23, the FCC issued an Order revising its Part 32 Uniform System of Accounts (USOA) for all carriers, and providing price cap carriers with the option to comply with Generally Accepted Accounting Principles (GAAP) instead of USOA. Specifically, the FCC adopted revisions to the Part 32 Uniform System of Accounts (USOA) to (a) consolidate Class A and Class B accounts, (b) amend rules regarding continuing property records for price cap carriers, and (c) better align with GAAP the USOA’s asset accounting rules, its AFUDC rules, and its materiality rules. These revisions, with the exception of the continuing property records rules, will apply to all carriers subject to Part 32’s USOA. However, the FCC also concluded that price cap carriers may elect to comply with GAAP accounting, subject to a commitment to mitigate any impact the election would have on pole attachment rates, instead of USOA. According to the FCC, “in light of [FCC] actions in areas of price cap regulation, universal service reform, and intercarrier compensation reform, the duty to maintain two sets of accounts is generally not necessary for price cap carriers.”

According to the FCC, these reforms will “significantly reduce the regulatory burdens associated with maintaining separate sets of financial accounts.” Part 32 specifies a chart of accounts and the types of transactions to be maintained in each account, while GAAP allows companies to determine their own system of accounts subject to certain principles in the form of an overarching system of broad accounting guidelines that address the recording of assets, liabilities, and stockholders’ equity. Further, GAAP allows carriers to record financial transactions in a manner that reflects the broader nature of the enterprise, while Part 32 compliance requires carriers to maintain two separate sets of financial and accounting books for federal regulatory purposes. Commenters emphasized the burdensome nature of this requirement.

BloostonLaw Contact: Gerry Duffy .

FCC Seeks Comment on ATSC 3.0 Adoption

On February 23, the FCC issued a Notice of Proposed Rulemaking seeking comment on a proposal that would allow television broadcasters to use the “Next Generation” broadcast television transmission standard, called “ATSC 3.0,” on a voluntary, market-driven basis while they continue to deliver current-generation digital television (DTV) broadcast service, using the “ATSC 1.0 standard,” to their viewers.

Specifically, the NPRM:

• Voluntary Use: Proposes to authorize voluntary use of ATSC 3.0 transmissions and to incorporate the relevant portions of the new standard into the Commission’s rules. The NPRM tentatively concludes that a Next Gen TV tuner mandate for new television receivers is not necessary at this time.
• Local Simulcasting: Proposes to require “local simulcasting” for stations that choose to deploy Next Gen TV so broadcasters can continue to provide DTV service using the current ATSC 1.0 standard at the same time that they offer ATSC 3.0. This approach will minimize disruption to consumers by ensuring that they will still be able to use their existing TV sets, which have only current-generation DTV and analog tuners.
• MVPD Carriage: Proposes to require that MVPDs continue carrying broadcasters’ DTV signals, using ATSC 1.0, but not to require them to carry ATSC 3.0 signals during the period when broadcasters are voluntarily implementing ATSC 3.0 service. The NPRM also asks about issues related to the voluntary carriage of ATSC 3.0 signals through retransmission consent.
• Service and Interference Protection: Asks for comment on whether Next Gen TV transmissions will raise any interference concerns for existing DTV operations or for any other services or devices that operate in the TV bands or in adjacent bands.
• Consumer Protection and Education: Tentatively concludes that television stations offering ATSC 3.0 should be subject to the public interest obligations that currently apply to television broadcasters and asks for comment on whether broadcasters should be required to provide on-air notifications to educate consumers about Next Gen TV service deployment and ATSC 1.0 simulcasting.

The rulemaking proceeding opened at the petition of a coalition of broadcast and consumer electronics industry representatives that argue the new standard “has the potential to greatly improve broadcast signal reception, particularly on mobile devices and television receivers without outdoor antennas, and it will enable broadcasters to offer enhanced and innovative new features to consumers, including Ultra High Definition (UHD) picture and immersive audio, more localized programming content, an advanced emergency alert system (EAS) capable of waking up sleeping devices to warn consumers of imminent emergencies, better accessibility options, and interactive services.”

BloostonLaw Contact: Gerry Duffy .

FCC Expands AM Rebroadcasting Location Rules

On February 23, the FCC amended the rule governing site locations where FM translators can rebroadcast AM stations. The amended rule is intended to provide greater flexibility for an AM station to place a rebroadcasting FM translator in a location where it will better serve its AM station’s listeners.

Under the old rule, an AM station could place a rebroadcasting FM translator either within its daytime service contour or within a 25-mile radius of its transmitter, whichever distance was less. The new rule allows the rebroadcasting FM translator to be located anywhere within the AM station’s daytime service contour or anywhere within a 25-mile radius of the transmitter, even if the contour extends farther than 25 miles from the transmitter.

BloostonLaw Contact: John Prendergast .

Commissioner O’Rielly Details Delegated Authority Proposal

On February 22, FCC Commissioner Michael O’Rielly made a post on the official FCC blog entitled “A Modified Delegated Authority Proposal,” in which he addresses his concern that, “the Commission delegates way too many substantive decisions to Bureau staff, usurping the role and obligations of duly appointed and confirmed Commissioners.” According to Commissioner O’Rielly, the main components of his plan are:

• Advanced Warning — Except for the most routine matters, Commissioners should be provided no less than 48 hours to review an item that is to be decided by Bureau staff under delegated authority.
• Request by Two or More Commissioners — The threshold to bring an item up to the floor for a vote should be set at two Commissioners.
• Time Constraint — Any item that is removed from delegated authority under these procedures must be voted by the full Commission within seven calendar days or five business days (although I might be willing to live with a shorter deadline).
• Automatic Approval if Delayed — In those instances when a requesting office does not vote by the deadline, the item would be — at the Chairman’s prerogative — either released as approved by the full Commission (assuming the other offices voted to approve) or sent back to the Bureau for immediate issuance on delegated authority.

The Commissioner closed his post with a statement of hope that his proposal would find support among the other Commissioners and ultimately find its place in Commission procedure.

BloostonLaw Contacts: Ben Dickens , and Gerry Duffy .

Industry

Informal Working Groups for 2019 World Radiocommunication Conference Announce Meetings

On February 27, the FCC issued a Public Notice announcing that the Informal Working Groups (IWGs) for the 2019 World Radiocommunication Conference Advisory Committee (WRC-19 Advisory Committee) have scheduled meetings in March that are open to the public. The Commission’s WRC-19 website ( www.fcc.gov/wrc-19 ) contains the latest information on all scheduled meetings and WRC-19 Advisory Committee matters.

• Informal Working Group 1: Maritime, Aeronautical and Radar Services will meet on Thursday, March 9.
• Informal Working Group 2: Terrestrial Services will meet on Tuesday, March 7.
• Informal Working Group 3: Space Services and
• Informal Working Group 4: Regulatory Issues will meet on Thursday, March 23.

Carriers interested in virtually attending a working group can contact the firm for more information.

Deadlines

MARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2016, is due March 1. The form covers the period July 1 to December 31, 2016, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. If you do not receive the form, please contact Gerry Duffy.

BloostonLaw Contacts: Gerry Duffy .

MARCH 1: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census.

Specifically, three types of entities must file this form:

1. Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections — which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction — must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial and satellite mobile wireless service providers, BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services ( e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.)
2. Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs).
3. Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license that it manages, or for which it has obtained the right to use via lease or other arrangement with a Band Manager.

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

MARCH 1: GEOCODED BROADBAND LOCATION DATA. By March 1, Connect America Fund recipients must report geo-located broadband information and make service milestone certifications to the Universal Service Administrative Company (USAC). Companies that have taken the Alternative Connect America Model (A-CAM) funding option must report all new qualifying locations where broadband service made available in the prior calendar year. Companies that have chosen to remain on the rate-of-return (RoR) path must report all new qualifying locations made available between May 25, 2016 and December 31, 2016.

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

MARCH 31: INTERNATIONAL CIRCUIT CAPACITY REPORT. No later than March 31, all U.S. international carriers that owned or leased bare capacity on a submarine cable between the United States and any foreign point on December 31, 2016 and any person or entity that held a submarine cable landing license on December 31, 2016 must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. Additionally, cable landing licensees must file information on the Circuit Capacity Report about the amount of available and planned capacity on the submarine cable for which they have a license. Any U.S. International Carrier that owned or leased bare capacity on a terrestrial or satellite facility as of December 31, 2016 must file a Circuit Capacity Report showing its active common carrier circuits for the provision of service to an end-user or resale carrier, including active circuits used by itself or its affiliates. Any satellite licensee that is not a U.S. International Carrier and that owns circuits between the United States and any foreign point as of December 31, 2016 of the reporting period must file a Circuit Capacity Report showing its active circuits sold or leased to any customer, including itself or its affiliates, other than a carrier authorized by the FCC to provide U.S. international common carrier services.

BloostonLaw Contact: Gerry Duffy .

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port 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 that provide interstate telecommunications for a fee. 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 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. (Note: the revised 499-A and 499-Q forms are now available.) 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 FCC. 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 , and Gerry Duffy .

APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that:

1. states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules;
2. states that the company has in fact kept records for the previous calendar year;
3. contains contact information for the individual or individuals handling customer complaints under Part 14;
4. contains contact information for the company’s designated agent; and
5. is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company.

BloostonLaw Contacts: Gerry Duffy , Mary Sisak , Sal Taillefer .

Calendar At-A-Glance

March
Mar. 1 – Copyright Statement of Account Form for cable companies is due.
Mar. 1 – FCC Form 477 (Local Competition & Broadband Reporting) is due.
Mar. 1 – Deadline to Report Geocoded Locations for New Broadband Deployments.
Mar. 6 – Comments are due on Dormant Proceeding Termination Public Notice.
Mar. 10 – Comments are due on TCPA “Prior Express Consent” Declaratory Ruling.
Mar. 13 – Comments are due on TCPA Revocation of Consent Petition.
Mar. 15 – Reply comments are due on Eighth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges
Mar. 20 – Reply comments are due on Dormant Proceeding Termination Public Notice.
Mar. 27 – Reply comments are due on TCPA “Prior Express Consent” Declaratory Ruling.
Mar. 28 – Reply comments are due on TCPA Revocation of Consent Petition.
Mar. 31 – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.
Mar. 31 – International Circuit Capacity Report is due.

April
Apr. 1 – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due.
Apr. 1 – Annual Accessibility Certification is due.

May
May 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
May 4 – Comments on Regulatory Flexibility Act Rule Review and Elimination Proceeding are due.
May 31 – FCC Form 395 (Annual Employment Report) is due.

2-for-1 Regulation Rollback Does Not Apply to FCC; Agency May Comply Anyway

On January 30, President Trump signed an Executive Order stating that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” Later that day, however, the White House confirmed that the Executive Order does not apply to independent regulatory agencies, providing the Securities and Exchange Commission as an example. The FCC is likewise an independent agency, and should therefore be exempt.

The Morning Consult raises an interesting point, however: Some independent agencies voluntarily complied with regulatory orders directed at executive agencies during the Obama administration, and because of that independent agencies with Republican leadership may do the same ( i.e., the FCC).

BloostonLaw Contacts: Ben Dickens , and Sal Taillefer .

FCC Continues Enforcement Against Pirate Stations

During the month of February, the FCC imposed $25,000 fines against Nelson Quintanilla and Inglesia el Ramanente Franteridad Elim, Inc. (Inglesia) for operating unlicensed radio stations in the FM broadcast band in Panorama City, Florida and Arleta, California respectively.

In both cases, neither Mr. Quintanilla nor Inglesia challenged the forfeitures. It is important to note that pirate radio operations can frequently interfere with licensed radio operations such as broadcast FM radio (as occurred here) or with licensed land mobile operations. Harmful interference of this nature can jeopardize safety of life communications as well as the dispersal of information and programming to the public. If you experience harmful interference to your systems, please contact our office for assistance.

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

FCC Grants Waivers for Travelers Information Stations

The Cities of Aurora, Illinois and Bainbridge Island, Washington requested waivers to modify their Travelers Information Stations to (in the case of Aurora) expand its service area and (in the case of Bainbridge) correct geographic coordinates, expand its service area and eliminate the use of the frequency 1700 kHz.

Aurora

The City is located 35 miles west of Chicago and uses its single-transmitter Travelers Information Station “to broadcast information about traffic congestion, road closures and severe weather.” Aurora states that it has heavy traffic during the daily rush hours as well as heavy truck traffic on I-88. Additionally, the City is susceptible to hazards such as winter storms, flooding, hazardous materials spills, tornadoes and other hazards.

Aurora explained that its current TIS system will only cover 2 square miles of the City’s 46 square miles, and that it “must choose between coverage that will result from installing multiple, synchronized TIS locations to attempt full coverage, or to request a waiver of the field intensity so that a single TIS station with relaxed signal intensity limitations could cover the city.” The City concludes that compliance would roughly triple the cost to service the same area.

When the Commission adopted the TIS rules, it stated that TIS was “intended to serve a 3 km zone with generally repetitive information pertinent to travelers.” In limiting the TIS coverage zone, the Commission was concerned with the potential for TIS stations to cause interference to broadcast stations, since the traveler information is being provided on spectrum used by full power broadcasters at other locations. Because the Aurora transmitter is located more than 349 km from the closest co-channel AM broadcast station and 145 km from the closest first adjacent channel AM broadcast station, the Commission concluded that the likelihood of interference was remote. Further, the Commission found that “the proposed expansion of Aurora’s TIS service area while keeping output power at 10 watts would enable the City to better inform travelers of road and travel conditions throughout [the] city and to alert the traveling public more effectively in the event of emergencies stemming from hazards to which Aurora is susceptible.”

Bainbridge

Bainbridge is located to the west of Seattle, across Puget Sound. Its only connection to Kitsap County is a two lane bridge. Its connection to King County and Seattle is by ferry. Many of the motor vehicles brought in by ferry traverse Bainbridge in order to access the Kitsap and Olympic Peninsulas. As a result, there are frequently lengthy traffic delays on the north end of the island. Bainbridge states that it is susceptible to hazards such as winter storms, flooding, hazardous materials spills, severe winds and tornadic activity, earthquakes, and other hazards along the ferry route.

Inasmuch as the island is 10 miles long (north to south), Bainbridge has proposed the use of a 2.0mV/m contour in order to cover the island. As with Aurora, Bainbridge asserts that its proposal will not cause harmful interference to other stations inasmuch as the only station close enough to require evaluation is a Canadian AM broadcast station in Vancouver British Columbia. The FCC agreed with these justifications.

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

Verizon Shaves $350 Million Off Yahoo Purchase Price Over Data Breaches

On February 21, Verizon and Yahoo announced that they have amended the existing terms of their agreement for the purchase of Yahoo's operating business. Under the amended terms, Verizon and Yahoo have agreed to reduce the price Verizon will pay to acquire Yahoo's operating business by $350 million. In addition, Verizon and Yahoo will share certain legal and regulatory liabilities arising from two recent data breaches by Yahoo.

Specifically, under the amended terms, Yahoo will be responsible for 50 percent of any cash liabilities incurred following the closing related to non-SEC government investigations and third-party litigation related to the breaches. Liabilities arising from shareholder lawsuits and SEC investigations will continue to be the responsibility of Yahoo.

Verizon's acquisition of Yahoo — which is now valued at approximately $4.48 billion in cash — is expected to close in second-quarter 2017. The definitive stock purchase agreement was originally entered into on July 23, 2016.

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

FCC Amends Rules to Permit Railroad Police access to Public Safety Interoperability Channels

The Commission has amended its rules to enable railroad police to use public safety interoperability channel in order to communicate with public safety entities that are already authorized to use these channels. Specifically, the Commission has expanded its eligibility requirements to include railroad police officers who are “empowered to carry out law enforcement functions” to use interoperability channels in the VHF, 222 MHz, UHF, 700 MHz narrowband and 800 MHz bands.

Among the rule changes adopted in this proceeding, the Commission:

• Incorporates into its rules a definition of rail road police officer consistent with the Federal Railroad Administration (FRA) definition.
• Requires that railroads or railroad police departments obtain approval from a state or state-designated interoperability coordinator in every state in which the railroad proposes to operate, before railroad police officers may operate fixed infrastructure on the 700 MHz interoperability channels;
• Requires that applications for fixed infrastructure comply with the Commission’s frequency coordination requirements, as well as existing state and regional administration of the interoperability channels before an application may be submitted to the Commission;
• Requires that railroad police employers enter into a Memorandum of Understanding (MOU) with the relevant state-designated interoperability coordinators before railroad police officers may begin operating mobile and portable units on the public safety interoperability channels under a blanket license;
• Permits railroads and railroad police departments to obtain mobile-only licenses subject to frequency coordination and state or regional interoperability administration;
• Enables railroad police to operate mobile units under contract with public safety licensees pursuant to Section 90.421 of the Commission’s rules;
• Enables railroads and railroad police departments and licensed public safety entities to enter into sharing arrangements pursuant to Section 90.179 of the Commission’s rules;
• Requires railroad police officer use of interoperability channels to comply with international agreements with Canada and Mexico; and Prohibits encryption on the interoperability calling channels.

Additionally, the Commission clarified its definition of the term “state” to include states, territories and the District of Columbia unless the context requires otherwise. Finally, the Commission declined to allow oil and gas company operations on the interoperability channels.

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

FCC Chairman Touts Virtues of FM Chip Activation, But FCC Won’t Regulate

On February 16, during his speech at the North American Broadcasters Association at the Association’s Future of Radio and Audio Symposium, FCC Chairman Ajit Pai called for the activation of FM chips in smartphones. According to the Chairman, while “the vast majority of smartphones sold in the United States do, in fact, contain FM chips . . . only about 44% of the top-selling smartphones in the United States have activated FM chips.” He went on to cite the public safety benefits of activated FM chips, specifically noting the FCC’s expert panel statement that “[h]aving access to terrestrial FM radio broadcasts, as opposed to streaming audio services, may enable smartphone users to receive broadcast-based EAS alerts and other vital information in emergency situations — particularly when the wireless network is down or overloaded.”

Interestingly, despite his support for the activation of the FM chips, Chairman Pai also said that he did not believe the government could mandate such a thing: “I don’t believe the FCC has the power to issue a mandate like that, and more generally I believe it’s best to sort this issue out in the marketplace.”

BloostonLaw Contacts: John Prendergast , Cary Mitchell , and Richard Rubino .

FCC Rescinds “Midnight Regulations” En Masse

The FCC has rescinded in an “en masse” effort multiple orders, reports, white papers, and other documents issued in the final days of the previous Administration’s FCC with no explanation other than a brief statement by Chairman Pai:

“In the waning days of the last Administration, the Federal Communications Commission's Bureaus and Offices released a series of controversial orders and reports. In some cases, Commissioners were given no advance notice whatsoever of these midnight regulations. In other cases, they were issued over the objection of two of the four Commissioners. And in all cases, their release ran contrary to the wishes expressed by the leadership of our congressional oversight committees. These last-minute actions, which did not enjoy the support of the majority of Commissioners at the time they were taken, should not bind us going forward. Accordingly, they are being revoked.”

Among the fallen items are:

• Broadcast Processing Guidance Relating to Sharing Arrangements and Contingent Interests. (March 12, 2014, DA No. 17-130).
• Fifth Generation Wireless Network and Device Security NOI. (December 16, 2016, Dkt No. 16-353).
• Public Safety & Homeland Security Bureau White Paper on Cybersecurity Risk Reduction (January 18, 2017).
• E-Rate Modernization Progress Report (January 18, 2017 DA No. 17-129).
• Office of Strategic Planning and Policy Analysis Paper: Improving the Nation's Digital Infrastructure (January 17, 2017).
• Wireless Telecommunications Bureau Re-port: Policy Review of Mobile Broadband Operators' Sponsored Data Offerings for Zero-Rated Content and Services (January 11, 2017).

Rescission or revocation of these documents applies to any and all guidance, determinations, and conclusions contained therein, and they have no legal or other effect or meaning going forward.
Commissioner Clyburn was critical of the move, stating “It is a basic principle of administrative procedure that actions must be accompanied by reasons for that action, else that action is unlawful. Yet that is exactly what multiple Bureaus have done today.” Of Chairman Pai, she concluded, “It is disappointing to see this Chairman engage in the same actions for which he criticized the prior Chairman.”

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

Information Collections Associated with Changes to Maritime Radio Services Rules Effective February 27

As we previously reported, the FCC has adopted an Order which updated its Maritime Radio Services Rules. While most of those rules were effective on January 17, 2017, the information collections covered under the rules have now been authorized by the Office of Management and Budget (OMB) and are effective February 27, 2017. Thus, the requirements of Rule Sections 80.233 (AIS-SART Equipment), 80.1061(406.0-406.1 MHz EPIRB stations), 95.1402 (Special Requirements for 406 MHz PLBs) and 95.1403 (Special Requirements for Maritime Survivor Locating Devices) are now fully implemented.

The Maritime Radio Service Rules were designed to enhance safety on the high seas and inland waterways by creating a series of rules and safety standards for vessels in order to ensure that vessels can be located and rescued in the event of an emergency. In particular, the FCC has amended its rules to:

• Require Emergency Position Indicating Radio Beacons (EPIRBs) to be capable of broadcasting position data when activated in order to improve the ability of rescue personnel to locate ships that are in distress
• Update the equipment standards for Personal Locator Beacons (PLBs) in order to ensure that PLBs meet the updated functional and technical parameters necessary to meet the distress alerting needs of the general public
• Require that devices marketed for use in the United States as Satellite Emergency Notification Devices (SENDs) meet the requirements of the Radio Technical Commission for Maritime Services (RTCM) Send standard in order to promote the reliability of devices used for tracking emergency situations
• Permit equipment certification and use of Maritime Survivor Locating Devices (MSLDs) that comply with the RTCM MSLD standards to enhance safety
• Clarify the Commission’s Rules regarding ship radar equipment installations in order to eliminate references to an obsolete standard
• Permit the limited use of portable marine VHF radio transmitters by persons on shore in areas that are adjacent to the water for communications relating to the operational and business needs of the associated vessel
• Allow assignment or transfers of control of ship station licenses, thereby removing the regulatory hurdle in a secondary market transaction

These changes are designed to make the FCC’s rules consistent with today’s technology, while ensuring the safety of life and property on the high seas and inland waterways.

BloostonLaw Contacts: John Prendergast , and Richard Rubino .

ATSC 3.0: What you need to know about the future of broadcast television

What's ATSC 3.0? Just the next generation of over-the-air TV.

Click here for a c|net article that explains it all.

Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld 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. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work.

Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience.

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“If you would know the road ahead, ask someone who has traveled it.”
— Chinese Proverb

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Telephone: 631-786-9359
www.wirelessplanners.com
wirelessplannerron@gmail.com

Almost
“Is Paging Going Away?” by Jim Nelson Click here for English. Click here for German. (Berlin Revision: November 8, 2016) Click here for French. Volunteers needed for translations into other languages.

Who On Earth Dreams These Up?

A lexophile of course!

• Venison for dinner again? Oh deer!
• How does Moses make tea? Hebrews it.
• England has no kidney bank, but it does have a Liverpool.
• I tried to catch some fog, but I mist.
• They told me I had type-A blood, but it was a Typo.
• I changed my iPod's name to Titanic. It's syncing now.
• Jokes about German sausage are the wurst .
• I know a guy who's addicted to brake fluid, but he says he can stop any time.
• I stayed up all night to see where the sun went, and then it dawned on me.
• This girl said she recognized me from the vegetarian club, but I'd never met herbivore.
• When chemists die, they barium.
• I'm reading a book about anti-gravity. I just can't put it down.
• I did a theatrical performance about puns. It was a play on words.
• Why were the Indians here first? They had reservations.
• I didn't like my beard at first. Then it grew on me.
• Did you hear about the cross-eyed teacher who lost her job because she couldn't control her pupils?
• When you get a bladder infection, urine trouble.
• Broken pencils are pointless.
• What do you call a dinosaur with an extensive vocabulary? A thesaurus.
• I dropped out of communism class because of lousy Marx.
• I got a job at a bakery because I kneaded dough.
• Velcro — what a rip off!
• Don’t worry about old age; it doesn’t last

We Are Family | Playing For Change Foundation

Published on Aug 11, 2016
PFCF students in Nepal share in their own words how learning and playing music has impacted their lives.
We are Playing For Change, and this what change looks like.
http://playingforchange.org

Filmed and Produced by William Aura for PFCF
Music by Kotumba

Category: Nonprofits & Activism
License: Standard YouTube License