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wireless messaging newsletter

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FRIDAY - MAY 15, 2009 - ISSUE NO. 360

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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 Messaging,

This is an amazing time of year here in the midwest. Lots of rain. The grass and flowers are growing so fast that they seem to be leaping out of the ground.

Please check out the Schedule of Events for the Global Paging Convention. It continues to be updated with the latest details. If you are one of those people—like me—who sometimes leaves things to the last minute, now is the time to register. The early registration deadline is June 1st. Register now and save $75.00! Also, please note, Hotel reservations must be made before May 23rd. I have received several messages from newsletter readers and advertisers saying, "at last we get to meet in person!" Several are bringing the whole family along and making a vacation out of it.

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Oh, did I mention the Global Paging Convention? You are going to attend, right?

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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, Allan Angus, 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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With only 5 weeks to go the Global Paging Convention agenda keeps getting better!

Early Registration Deadline — June 1st

Register to attend now and save $75

Hotel reservations must be made before May 23rd

Make your hotel reservations at the Montreal Bonaventure Hotel

Thanks to our committed sponsors/vendors — so far!
  • American Messaging
  • Argosy Communication Products
  • e*Message W.I.S. Deutschland GmbH
  • Generic Mobile
  • Indiana Paging Network
  • Mobilfone
  • Multitone Electronics
  • NEP/UCOM Paging
  • Omni Provincial Electronics
  • PageOne
  • PagePlus
  • Prism Paging
  • ProPage
  • SelectPath
  • Teletouch Paging
  • Unication USA
  • Vox Pro Communications
  • WiPath Communications
  • Xacom Pty. Ltd.
multitone logo Welcome to the latest AAPC Vendor — Bronze Member — Multitone Electronics. Be sure to check out their display at the Global Paging Convention.

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Tentative Schedule of Events

Wednesday, June 17  
9:30 am – 11:00 am EMMA Board Meeting
9:00 am – 12:00 pm AAPC Board Meeting
1:00 pm – 5:00 pm Paging Technical Committee Meeting
1:00 pm – 5:00 pm Registration Open & Vendor Set up
5:30 pm - 7:00 pm Welcome Reception sponsored by: NEP/UCOM Paging, Indiana Paging Network, Mobilfone, Page Plus, ProPage, SelectPath, Teletouch Paging, e*Message W.I.S. Deutschland GmbH, Generic Mobile, PageOne, Vox Pro Communications
Thursday, June 18  
8:15 am – 8:45 am Continental Breakfast
Sponsored by Prism Paging and Xacom
8:45 am – 9:00 am Welcome
  • PageNet Canada
  • Jacques Couvas, EMMA
  • Scott Forsythe, AAPC
9:00 am – 10:15 am Paging a Global Industry?
Is the paging industry ready for Globalization or is it already a global industry? This session will present vendors and operators’ perspectives on the benefits and potential pitfalls of a global paging industry. Learn how this might impact your business.
Kirk Alland, Unication USA
Vic Jensen, Unication USA
Johan Ågren, Generic Mobile
Facilitator: Ted McNaught, Northeast & UCOM Paging
10:15 am – 10:45 am Technology Repurposing Spectrum—from Narrowband to Broadband
Jim Weisenberg, Space Data Corporation
Space Data is the leader in Near Space Communications, the area above airplanes and below satellites where we and the military fly our balloon-borne SkySite communications platforms at altitudes of 65,000 to 100,000 feet. We transmit over the NPCS spectrum where our license interests total over 60% of the 3 MHz available and we are seeing new equipment being developed to enable utilities and others to use our spectrum for automated meter reading (AMR), and advanced metering infrastructure (AMI) — as well as their own private fixed and mobile broadband wireless system requirements.
10:45 am – 11:00 am Break sponsored by Prism Paging and Xacom
11:00 am – 12:30 pm Successful Diversification Strategies
A group of global experts will lead you down the road to the future by reviewing their successful diversification strategies.
  • Dietmar Gollnick, e*Message WIS, Germany Deutschland GmbH
  • Brian Hicks, Digicall
  • Mike Lyons, Indiana Paging Network
  • Chris Jones, PageOne
  • Facilitator: Scott Forsythe, SelectPath
12:30 pm – 1:30 pm Lunch sponsored by American Messaging
1:45 pm – 2:15 pm Vendor Presentation
2:15 pm – 3:00 pm Paging Systems Evolution and the Regulatory Quagmire
Sharon Finney, Adventist Health System
This presentation will highlight the regulatory concerns to be considered as paging system technology evolves.
Sharon Finney, Corporate Data Security Officer, for Adventist Health System, will discuss how the rapidly developing regulatory quagmire could impact both paging system developers and customers.
3:00 pm – 3:15 pm Break
3:15 pm – 4:30 pm Answering the Call—Paging’s Performance in Global First Responder Markets
Ralf Ackermann, Vice President German Fire Service Association
Listen to first hand examples of how paging services are critical to saving lives. A first responder will provide insights into how to continuously improve service in this critical market.
4:30 pm – 5:30 pm Social Hour sponsored by Unication USA & American Messaging
Friday, June 19  
8:30 am – 9:00 am Continental Breakfast

9:00 am – 10:30 am

Paging—Worldwide Trusted Partner of the Healthcare Industry
Panel discussion providing an overview of paging and critical messaging services within the healthcare environment.


  • John Bishop, Xacom Pty. Ltd.
  • Dave Anderson, American Messaging
  • Pete Carney, Multitone Electronics
  • Facilitator: Roy Pottle, American Messaging
10:30 am – 12:15 pm Competing Technologies in the Healthcare Industry?
Review of technologies being marketed to the healthcare industry, such as: METAmessage for Wireless, Ekahau Wireless Location and Tracking, Polycom SpectraLink Wi-Fi phones.
Dan Keily, VoxPro
Jim Nelson, Prism Systems International, Inc.
12:15 pm – 1:30 pm Lunch on your own
1:30 pm – 3:30 pm Round Table Discussions
Pinpoint examination of critical topics within the industry
1. Benefits and challenges of operating a call center and/or TAS
    Facilitator: Dan Kiely, Voxpro
2. Value of broadcasting/group calls
    Facilitator: Perri McNaught, Northeast & UCOM Paging
3. Adapt, improvise, and refine your business model
    Facilitator: Chris Jones, PageOne
4. Staying out of the FCC Crosshairs—forms & deadlines 101
    Facilitator: Ken Hardman, Esq., Counsel to AAPC
3:30 pm – 4:00 pm The Future of Paging
Derek Banner, European Mobile Messaging Association

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Advertiser Index

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

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leavitt animation

Zetron's Paging and Remote Monitoring Solutions

leavitt zetron The Model 640 DAPT-XTRA Paging Terminal is a cost effective solution for small to medium-sized systems and private organizations offering a paging service based on bureau-type operator paging and/or direct telephone access. The 640 supports up to 1,500 users with up to 4 telephone lines. It also supports voice paging, voice prompts, talkback paging, and alphanumeric paging.

zetron Zetron's Remote Monitoring equipment provides monitoring and notification of unusual conditions and status changes. Messages are automatically transmitted over a radio or a public address system. Notification can be sent via speaker or radio announcement, telephone, cellular phone, or paging.

leavitt logo
(847) 955-0511
zetron reseller

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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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Page-a-patient keeps hospital unit to schedule

Published Date: 08 May 2009

A hospital unit has launched a new pager system so patients will not miss their appointment.

The Specialist Mobility Rehabilitation Centre in Preston, which is part of Lancashire Teaching Hospitals NHS Foundation Trust, provides artificial limbs, orthotics and wheelchairs for patients from across Lancashire and South Cumbria.

The new system issues each patient who checks-in at the centre with a personal pager, giving them a five-minute warning before their appointment with a range of specialists.

The initiative means patients can use the centre's facilities, including a cafe area and playrooms or relax in its surrounding gardens, without worrying about missing their appointment.

Patient Ray Armstrong, 63, whose leg was amputated 12 years ago has only just started walking with the use of a prosthetic limb.

He said: "I think the new pager system is a great idea. It means that you can go anywhere in the centre and they can reach you so you have plenty of time to get there."

Dr Fergus Jepson, consultant in rehabilitation medicine, said: "Patients told us they wanted to use the facilities but were worried about missing their appointments.

"The introduction of personal pagers is a simple but effective solution and we are delighted with how it is working."

Source: Lancashire Evening Post

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Canamex Communications

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Do you want to increase airtime revenue?

Resell PageRouter to increase traffic and sell more pagers

canamex face
  • Your customers install PageRouter in their location to send messages to your pagers from UNLIMITED network computers using a browser.
  • Databases from 10 to 10,000 users.
  • Your customers can quickly create or modify Groups based on their needs, anytime.

PageRouter with FailSafe provides dependable message delivery to your paging terminal by automatically switching between WCTP, SNPP and DIALUP TAP in case of unexpected server disconnections. Trust your internet connectivity to provide reliable paging service.


Page Alarm Messages
Send programmable canned messages when equipment or alarm relay contacts close, open or both. Program escalation, response delays and repeats. Trigger alarms from wireless buttons. Page alarm messages originated by Emergency Dispatch and CADs systems at 911, Police and Fire Departments. Extremely reliable!

Call us for Prices
We will provide a resale price that will include our online installation and product support to your customers. In our experience, when you facilitate entering messages from computers, volumes increase and customers ask for more pagers. Make money reselling PageRouter and increase your paging service revenue.

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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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Paging & Wireless Network Planners

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R.H. (Ron) Mercer
217 First Street South
East Northport, NY 11731
ron mercer

Cell Phone: 631-786-9359

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Paging & Wireless Network Planners

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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
  • Collections
  • Network Operations Center Functions
  • Two Way Radio Network Provider
  • Spectrum Sales & Acquisition


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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News Analysis: Courts grapple with law enforcement's use of GPS tracking

Jaikumar Vijayan

Two recent court decisions highlight the continuing struggles that courts around the country are having over law enforcement's use of GPS devices to track an individual's movements.

Two recent court decisions — one in New York and the other in Wisconsin — highlight the continuing struggles that courts around the country are having over law enforcement's use of GPS devices to track an individual's movements.

On Tuesday, the New York Court of Appeals ruled in a split decision that state police must obtain a warrant before installing a GPS device on an individual's vehicle for tracking purposes.

The decision stems from a case in which Latham police, as part of their investigation of a string of burglaries in 2005, secretly installed a GPS tracking device on the vehicle of an individual named Scott Weaver and tracked his movement for 65 days. Weaver was convicted for robbing one store based at least partly on the GPS tracking, which showed he had traversed that store location at a very slow speed on the evening of the robbery.

Weaver appealed the decision, saying that the GPS tracking had been done without a warrant and constituted a violation of his right against unreasonable search and seizure. In upholding that appeal and granting Weaver a new trial, Chief Judge Jonathan Lippman held that the sort of detailed surveillance enabled by GPS devices mandated judicial oversight. Without it, "the use of these powerful devices presents a significant and, to our minds, unacceptable risk of abuse," Chief Judge Lippman wrote.

On the surface, that decision seemed to be at odds with one made by the Wisconsin Court of Appeals last week in the case of a man who was convicted on stalking charges. The court ruled that the evidence gathered against him using a secretly installed GPS tracking device on his car did not constitute a violation of his Fourth Amendment rights against unreasonable search. In coming to that decision the court avoided directly addressing the issue of whether a warrant is explicitly needed to conduct such GPS tracking in the first place.

But the Wisconsin court's opinion reflected many of the same concerns against the unsupervised used of GPS devices that were expressed by the New York court. Judge Paul Lundsten said the court was "more than a little troubled" by the lack of federal and state laws limiting the government's use of GPS tracking devices. He urged the state's legislature to explore laws imposing limitations on the use of GPS by both government and private actors.

Pam Dixon, executive director of the World Privacy Forum in San Diego, said the decisions show how courts "are looking for limits on the use of GPS" by law enforcement in the absence of any clear federal law on the issue. "Both judges were troubled by the implication of the uses of these devices. Both judges agreed that federal law is needed on whether use of GPS devices constitutes search in the law enforcement context," Dixon said.

The decisions come at a time when an increasing number of law enforcement agencies around the country are using GPS devices to track suspects in investigations. Several states have laws governing the requirements a prosecutor or police would need to meet in order to use a GPS tracking device. The requirements include authorities needing to explain specifically what information they hope to get from the tracking, or showing probable cause or reasonable suspicion.

So far, the courts have appeared to be split on how to handle challenges to such tracking, said John Verdi, senior counsel at the Electronic Privacy Information Center (EPIC) a Washington D.C. advocacy group. "There is no clear Supreme Court guidance on this issue," nor has there by any from any federal courts, Verdi said. As a result, state courts have been left to decide what to do using their own state constitutions, he said.

Some courts have ruled that an individual travelling in a vehicle on a public road should have little reasonable expectation of privacy, Verdi said. He pointed to a 1983 court case in which government agents placed a a pager-like tracking device in a five-gallon drum of chloroform and then followed the vehicle transporting the container using visual surveillance and the tracking device. In that case, the court ruled that the use of the device had only augmented their sensory abilities without violating any of the individual's rights.

In its decision last week, Wisconsin's court of appeals noted that if all that a tracking device did was to reveal vehicle movement, information that could have been obtained by warrantless visual surveillance, no Fourth Amendment violation was involved. Similarly, the police action of attaching a GPS devices to a car and subsequently tracking it does not constitute a search and seizure, the court ruled.

Other courts though have held decidedly less benign views on the use of GPS. Courts in Washington and Oregon have in past cases held that law enforcement authorities require warrants to conduct GPS tracking. In coming to these decisions the judges have argued that the kind of surveillance enabled by GPS devices do not just augment existing abilities, but allows access to a large amount of additional information on an individual, Verdi said.

Chief Judge Lippman wrote that GPS devices are "vastly different and exponentially more sophisticated" devices than pagers or other tracking devices. "Constant, relentless tracking of anything is now not merely possible but entirely practicable."

He said that data retrieved from such devices can open a window into almost every aspect of an individual's life. "What the technology yields and records with breathtaking quality and quantity, is a highly detailed profile, not simply of where we go, but by easy inference, of our associations — political, religious, amicable and amorous."

Source: Computerworld

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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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prism paging

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mexico flu update


Mexico Tourism Board

If you want to download this document please click here. (pdf)

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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:

  • Engineering Design & Support
  • Research and Testing
  • Proto-typing
  • Field services
  • Distribution

Services vary from Board Level to complete “Turn Key”
Production Services based on outsourcing needs

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 More Promising Than Apple Or RIM

Joseph Hargett, Option Advisor, 05.08.09, 03:05 PM EDT

The sharp moves higher in share prices of Apple and RIM look to be tired, but Palm is still full of pep.

Smartphones have quickly become the greatest thing since sliced bread for the wireless and handheld sector. Gone are the days when the slick clamshell design of the Motorola RAZR was enough to virtually guarantee success. Throughout this revolution, cellphones have practically become pocket PCs, and every manufacturer in the world is attempting to get in on the action.

With the pool of rivals growing at a seemingly exponential rate, prospects for the three most revered smartphone makers are becoming increasingly grim. In fact, companies such as Apple ( AAPL - news - people ), Research In Motion ( RIMM - news - people ) and Palm ( PALM - news - people ) have their work cut out for them if they wish to hold on to their crowns as the premier smartphone investment opportunities in the current market environment.

While Apple was far from first on the scene in the smartphone market, the arrival of the company's industry-defining iPhone, complete with a slick touch-screen user interface and an award-winning digital music player, quickly placed CEO Steve Jobs' firm at the top of the heap. Even industry leader Research In Motion followed Apple's lead and created a touch-screen version of its extremely popular BlackBerry line of smartphones. Apple changed the game once again by beating smartphone makers to the punch when it included 3G support in its second iteration of the iPhone.

Smartphones are not cheap, and prospects for slackening consumer demand due to tightening budgets prompted selling pressure to sweep across the sector in late 2008. AAPL shares, once trading near $200, plunged more than 54% in 2008. An, while the stock did eventually hit bottom in November 2008, the chilling effect of the recession has held the equity in check for the ensuing months, with AAPL trending sideways between support at the $80 level and resistance near the century mark.

In early March, evidence that the economic downturn was slowing provided a much needed boost for AAPL. The stock vaulted higher, logging a year-to-date gain of more than 51%, vs. the S&P 500's gain of roughly 0.5%. What's more, AAPL has enjoyed the support of its 10-day and 20-day moving averages since March.

Apple shares now face another technical test before they can continue their recent turn of good fortune. AAPL was recently rejected by long-term resistance at the $135 level--a region that capped the equity in February and March 2008. Additionally, the stock's 20-month moving average is descending into the area, and could complicate matters further.

AAPL's sentiment backdrop is also a concern for the stock's bullish case. Currently, the stock's Schaeffer's put/call open interest ratio (SOIR) of 1.02 ranks above 91% of all those taken during the past year, but developments within the options pits point toward a spike in optimism just as AAPL encounters technical resistance.

According to the International Securities Exchange and the Chicago Board Options Exchange (CBOE), approximately 1.6 calls have been bought to open on their exchanges for every put purchased during the prior two weeks. This ratio ranks above 60% of all those taken in the past year, pointing toward rising expectations even as AAPL struggles with technical resistance.

Source: Forbes

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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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CVC Paging

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  • January 11, 1997—Telstar 401 suffers a short in the satellite circuitry—TOTAL LOSS May 19, 1998—Galaxy 4 control processor causes loss of fixed orbit—TOTAL LOSS September 19, 2003—Telstar 4 suffers loss of its primary power bus—TOTAL LOSS March 17, 2004—PAS-6 suffers loss of power—TOTAL LOSS
  • January 14, 2005—Intelsat 804 suffers electrical power system anomaly—TOTAL LOSS


Allow us to uplink your paging data to two separate satellites for complete redundancy! CVC owns and operates two separate earth stations and specializes in uplink services for paging carriers. Join our list of satisfied uplink customers.

  • Each earth station features hot standby redundancy UPS and Generator back-up Redundant TNPP Gateways On shelf spares for all critical components
  • 24/7 staffing and support

cvc paging cvc antennas For inquires please call or e-mail Stephan Suker at 800-696-6474 or left arrow

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CVC Paging

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notify all

NOTIFYall Group Text Messaging Service delivers your text message to an unlimited number of cell phones, pagers, PDAs, or e-mail on any service, anywhere, anytime!

learn more

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No texting while driving

Updated: 05/12/2009 08:50:44 AM EDT

Tuesday, May 12

As dangerous it is to talk on a cell phone while driving, text messaging while driving, which calls for the driver to look away from the road, is even worse. That was brought home in dramatic fashion last Friday when the operator of a trolley on Boston's Green Line slammed into the back of another train, injuring dozens, while he was text-messaging his girlfriend, and the response of the Massachusetts Bay Transportation Authority should serve as a model for the Legislature.

The two derailed trains had hardly been removed from the tracks when MBTA general manager Daniel Grabauskas made possession of a cell phone, pager or other similar electronic device while on the job a firing offense. This ban should apply to every driver in the state. According to studies, text messaging is that dangerous, as "bad or worse than being drunk behind the wheel," according to Brandon Bogart, founder of In Control Advanced Driver Training, in The Boston Globe.

Massachusetts is one of about 30 states that has legislation pending banning text messaging. Evidence of the need for this ban everywhere is building, with the Boston accident coming several months after a Metrolink train operator in Los Angeles ran a red light while texting, killing 25 and injuring 135. Last fall, a 17-year-old girl from eastern Massachusetts was killed when police believed she looked away from the road to read a text message and crashed, and a New Bedford man who killed a 13-year-old bicyclist while sending a text message as he drove is serving a 2 1/2-year sentence after pleading guilty to motor vehicle homicide.

Text messaging has become part of the culture, which won't change. It has also become a threat to others on roads and trains, and that has to change.

Source: The Berkshire Eagle

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WiPath Communications

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Intelligent Solutions for Paging & Wireless Data

WiPath manufactures a wide range of highly unique and innovative hardware and software solutions in paging and mobile data for:

  • Emergency Mass Alert & Messaging Emergency Services Communications Utilities Job Management Telemetry and Remote Switching Fire House Automation
  • Load Shedding and Electrical Services Control

black line PDT3000 Paging Data Terminal pdt 2000 image

  • FLEX & POCSAG Built-in POCSAG encoder Huge capcode capacity Parallel, 2 serial ports, 4 relays
  • Message & system monitoring

black line Paging Controlled Moving Message LED Displays

welcom wipath

  • Variety of sizes Indoor/outdoor
  • Integrated paging receiver

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Mobile Data Terminals & Two Way Wireless  Solutions

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WiPath Communications LLC
4845 Dumbbarton Court
Cumming, GA 30040
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Cumming, GA 30040
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Phone: 770-844-6218
Fax: 770-844-6574
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Equipment For Sale
Terminals & Controllers:
1 Motorola C-Net Platinum Controller
1 Motorola ASC1500 Controller
25 C-2010 Controllers
50 Glenayre GPS Kits, Trimble RX & cables
1 Skydata Model 5090 Uplink Power Control
1 Skydata Model 8360 MSK Modulator
8 Skydata Multi Channel Receivers - NEW
1 GL3000L Terminal
2 GL3100 RF Director
2 Zetron Model 2200 Terminal
Link Transmitters:
1 Glenayre QT6994, 150W, 900 MHz Link TX
1 Glenayre QT4201, 25W Midband Link TX
3 Motorola 10W, 900 MHz Link TX (C35JZB6106)
2 Motorola 30W, Midband Link TX (C42JZB6106AC)
VHF Paging Transmitters
4 Motorola Nucleus 350W, NAC
3 Motorola VHF PURC-5000 125W, ACB or TRC
3 Motorola VHF PURC-5000 350W, ACB or TRC
UHF Paging Transmitters:
10 Glenayre UHF GLT5340, 125W, DSP Exciter
2 Motorola UHF Nucleus 125W NAC
3 Motorola PURC-5000 110W, TRC
3 Motorola PURC-5000 225W, ACB
900 MHz Paging Transmitters:
1 Glenayre GLT 8600, 500W
24 Glenayre GLT-8500, 250W, C2000, w/ or w/o I20
6 Motorola PURC 5000, 300W, DRC or ACB

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Too Much To List • Call or E-Mail
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Joshua's Mission left arrow Helping Wounded Marines Homepage
Joshua's Mission left arrow Joshua's Mission Press Release

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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. 19 May 13, 2009   



JUNE 1: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless service providers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. (But since May 31 falls on a Sunday this year, the report is due June 1.) This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. Clients who would like assistance in filing Form 395 should contact Richard Rubino.

JUNE 30: ANNUAL ICLS USE CERTIFICATION. Rate of return carriers and CETCs must file a self-certification with the FCC and the Universal Service Administrative Company (USAC) stating that all Interstate Common Line Support (ICLS) and Long Term Support (LTS) will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. In other words, carriers are required to certify that their ICLS and LTS support is being used consistent with Section 254(e) of the Communications Act. Failure to file this self-certification will preclude the carrier from receiving ICLS support. We, therefore, strongly recommend that clients have Blooston- Law submit this filing and obtain an FCC proof-of-filing receipt for client records.

BloostonLaw contacts: Ben Dickens and Gerry Duffy.



  • FCC shrinks wireline porting interval to 1 business day, extends Sec. 214 notice rules to VoIP providers.
  • FCC making final push to alert consumers about June 12 DTV transition.
  • Genachowski confirmation hearing scheduled for after Memorial Day recess.
  • House hearing focuses on wireless com- petition.

FCC Shrinks Wireline Porting Interval To 1 Business Day, Extends Sec. 214 Notice Rules To VoIP Providers

The FCC, at today’s open meeting, adopted two items: (1) a Report and Order concerning the requirements of interconnected Voice over Internet Protocol (VoIP) providers when discontinuing service, and (2) a Report and Order and Further Notice of Proposed Rulemaking concerning the interval for porting a customer’s telephone number in response to wireline-to-wireline and intermodal port requests.

The Commission first made it easier for consumers to switch voice service providers by requiring wireline, wire- less and certain Voice over Internet Protocol (VoIP) providers to transfer a customer's existing telephone number to a new provider within one business day, rather than the current four-day requirement. According to the Commission, delays in number porting cost consumers money and impede their ability to choose providers based solely on price, quality and service.

With the exception of “small carriers”, all providers must implement the new number porting interval within nine months from the time the Commission receives key input from the North American Numbering Council (NANC), which is due 90 days after the effective date of the order. Small carriers have 15 months after the NANC recommendation to implement the new interval. The NANC is a federal advisory committee charged with advising the Commission on numbering matters. The definition of small carriers was not apparent from initial news releases, but will no doubt be described in the text of the order.

In a second order, the Commission expanded consumer protections for customers of interconnected VoIP providers under Section 214 of the Communications Act. Interconnected VoIP providers are those whose customers can place calls to and receive calls from the public tele- phone network, rather than solely over the Internet. These providers are now required to notify customers before they discontinue, reduce or impair service, as conventional providers currently must do. Interconnected VoIP providers can no longer close shop without notice, leaving customers unexpectedly without phone service or recourse.

Consumers are increasingly using interconnected VoIP to replace analog voice service, and their expectations for notice, access to emergency 911 service and other consumer protections are the same as users of conventional voice service, the Commission found.

In a separate statement, Acting Chairman Michael Copps said: “As much as we strive to put together the best item possible, no Order is perfect, and this one is no exception. We have a few loose ends still to tie-up—other standards surrounding porting processes and “non-simple” ports. In particular, as the Order stands now, the shortened interval still applies only to simple ports. Some of the non-simple ports look no different to consumers than simple ports, yet the shortened interval adopted in this Order will not apply. All consumers should be able to benefit from the shortened porting interval. We do, however, take these matters up in the Further Notice, and I look forward to addressing them in the relatively near future.”

Commissioner Jonathan Adelstein said: “Larger carriers will have nine months to implement the new interval; smaller carriers, who may not have automated their porting systems, will have fifteen months. Further, the order recognizes that those carriers that have porting-specific implementation costs will have avenues to recover those costs.”

Commissioner Robert McDowell said: “We also provide a generous and sensible glide path for implementing the change: nine months after the North American Numbering Council’s review for the largest providers, and fifteen months thereafter for the smallest. I am confident that a one business day interval strikes the proper balance between any costs associated with implementing the change and the economic benefits that will flow to consumers.”

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

FCC Making Final Push To Alert Consumers About June 12 DTV Transition

With only 30 days left before the nationwide digital television (DTV) transition, the FCC is making a final push to make sure consumers are prepared for the end of analog broadcast service. On June 12, all full-power television stations in the United States will cease analog transmission and broadcast only in digital. Consumers who use an antenna to get free, over-the-air programming could lose their television signals on June 12 if they haven’t taken steps to make their televisions DTV-ready.

More than a third of the country’s full-power broadcast stations already have ceased analog broadcasts and now provide service only in digital, but June 12 is the deadline for all stations to do so. Consumers who do not subscribe to pay television services and have older, analog televisions will need to attach digital-to-analog converter boxes to their televisions in order to continue receiving television programming. They also may need to adjust or replace their antennas. According to a Nielsen survey, 3.5 million households—3.1 percent of U.S. households with TVs—were still “completely unready” for the transition to DTV as of April 26.

The Commission at its open meeting today outlined a wide-ranging outreach plan for the remaining 30 days before the June 12 deadline. As it has done in the past, the FCC will give special attention to six groups that the Commission has targeted as particularly in need of help. They include low-income individuals, minority communities, non-English speaking consumers, senior citizens, consumers with disabilities and individuals living in rural areas or tribal lands. Among the activities in the Commission’s action plan:

  • About 180 FCC employees have been dis- patched to communities in 49 markets that are home to the greatest concentrations of unprepared households. FCC staff members are working with local governments and community-based organizations to get the word out on DTV preparedness and educate consumers on how to get ready. FCC commissioners also are speaking and answering questions about the digital transition at events such as town hall meetings and community gatherings.
  • The Commission has revamped its DTV website,, to make it more useful to consumers and easier to use. The updated site gives consumers help and information specific to their communities on a variety of topics. By entering their zip codes in a search box, consumers can locate nearby support centers, get contact information for local stations and find DTV events near them. Information on sources of assistance is being updated daily. Online reception maps will show consumers what stations they should be able to receive at their home address once the transition is complete, information that can be useful in choosing and installing an antenna.
  • The FCC so far has issued 12 grass roots contracts to establish up to 400 walk-in centers and 12,000 DTV help clinics across the country to offer consumers hands-on assistance on how to connect and operate converter boxes, help in ordering converter box coupons and other services.
  • The Commission has awarded 34 contracts for free, in-home technical assistance for consumers having trouble installing their converter boxes and adjusting their antennas for digital signals. The Commission expects to issue several more contracts within the next week, resulting in a a group of contractors capable of providing up to 218,700 installations across the country. Joining FCC contractors in this effort are two valuable volunteer partners—members of AmeriCorps National Civilian Community Corps and fire fighters in cooperation with the International Association of Fire Chiefs. Consumers can request such “house calls” by dialing 1-888-CALL-FCC.
  • Operators at the FCC’s national DTV help line, 1- 888-CALL-FCC (1-888-225-5322), can troubleshoot common converter box or antenna installation problems and will refer consumers to groups providing in-home installation if more assistance is needed. Several hundred operators are now working seven days a week, and their numbers will increase to as many as 4,000 as the June 12 deadline nears.
  • The Commission has teamed with Consumers Union to distribute a consumer guide, written by CU’s Consumer Reports, that provides clear instructions and diagrams to help viewers prepare for the transition. “DTV Made Easy,” a 15-page booklet, can be downloaded from or obtained by calling the FCC’s DTV help line, 1-888-CALL-FCC. It also will be available at DTV walk-in help centers and mobile clinics throughout much of the country, from in-home installation helpers, and from major retailers.
  • The FCC has called upon television broadcasters nationwide to conduct a “soft test” at three different times on May 21, when analog programming will be interrupted with a special message telling viewers that if they are seeing the message, it means they are not prepared to receive a digital signal and will lose reception on June 12 if they don’t take action.
  • The FCC will launch a “home stretch” communications campaign coinciding with the May 21 “soft test,” consisting of new Public Service Announcements, localized media announcements and interviews and grassroots educational literature distribution.

Coupons worth $40 toward purchase of a converter box can be obtained from the National Telecommunications and Information Administration by visiting or calling 1-888-DTV-2009 (1-888-388-2009). Each household is entitled to coupons for up to two boxes. Consumers can continue to order converter box coupons through July 31, 2009. For the latest information on the transition, please visit, or call the DTV help line at 1-888-CALL-FCC (1-888-225-5322).

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

Genachowski Confirmation Hearing Scheduled For After Memorial Day Recess

The Senate Commerce Committee has postponed a confirmation hearing for Julius Genachowski, President Obama's nominee for FCC Chairman, until after Memorial Day. Commerce Committee Chairman Jay Rockefeller had originally scheduled the hearing for May 12. No reason was given for the delay, except that it was agreed to on a “bipartisan” basis.

Republicans reportedly want time to consider names for either one or both of the G.O.P. seats on the Commission. It is not clear whether Obama intends to reappoint Commissioner Robert McDowell (R), whose term expires June 30. He could serve until the end of the year, if the President does not nominate someone to fill his seat.

Some of the options reportedly being considered by the Republicans include Ajit Pai, a former congressional staffer and deputy general counsel at the FCC, and Lee Carosi Dunn, a long-time staffer to Sen. John McCain (R- Ariz), according to FierceWireless and the Dow Jones News Wire.

It is not clear whether the Senate Commerce Committee plans to vote just on Genachowski's nomination, or on a slate of nominees. Obama announced his intention to nominate Mignon Clyburn, a South Carolina Public Service Commissioner and daughter of House majority whip Rep. James Clyburn (D-S.C.), for an open Democratic Commission seat last week (BloostonLaw Telecom Update, May 6).

Acting Chairman Michael Copps will remain on the FCC as a Commissioner, after Genachowski is sworn in. However, Jonathan Adelstein will be leaving the Com- mission to head the Rural Utilities Service (RUS) once Genachowski is confirmed by the full Senate.

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

House Hearing Focuses On Wireless Competition

At a recent House Energy and Commerce Telecommunications Subcommittee hearing on competition in the wireless industry, the debate focused on whether or not states should continue to have the right to resolve disputes between customers and wireless carriers, exclusivity deals for devices, roaming rules and other issues as they look to define a new regulatory framework for the industry.

In his opening remarks, Energy and Commerce Committee Chairman Henry Waxman (D-Calif.) said: “The purpose of this hearing is to make sure consumers are protected as the industry evolves. As robust as the industry has been in the past, it is clear that the market is becoming more concentrated. Two providers account for about 60% of the market, and the four largest account for about 90% of the market. This Committee must take care to ensure that this consolidation does not harm consumers. Certainly a positive development is the trend towards more open wireless platforms. I was supportive of the FCC's efforts in the 700 MHz auction to promote openness, and I will continue to monitor this trend with keen interest. Openness drives technological innovation, promotes consumer choice, and can stimulate higher broadband speeds.”

Several lawmakers voiced support for a measure that would allow a federal standard to preempt state regulations for resolving disputes between customers and wireless carriers over their contracts. Lobbyists for the wireless industry are in favor of such a move because, they argue, voice calls and data transfers from cell phones by their very nature cross state lines. Rick Boucher (D-Va.), the chairman of the subcommittee, said states should continue their role in resolving the disputes. Lawmakers also voiced concerns about exclusivity agreements for hot new devices, such as the one AT&T Mobility has with Apple for the iPhone. "I continue to question why a consumer is constrained" by such exclusivity arrangements, said Rep. John Dingell (D-Mich.).

The lawmakers also debated whether to require wireless carriers' roaming agreements to cover mobile broadband data instead of just voice calls.

Rep. Waxman said that carriers who received federal funding should be required to offer roaming service to other companies "on a just and reasonable basis." Smaller carriers, such as Leap Wireless, argue that roaming agreements are one of the keys to their survival, and that larger providers such as AT&T and Verizon Wireless often make it difficult for smaller competitors to enter new markets by either charging them extremely high fees for the roaming agreement or denying them roaming access.

Sprint’s representative, Paul Schieber, argued that Sprint pays AT&T, Verizon and other incumbent local exchange carriers (LECs) hundreds of millions of dollars annually for middle mile special access facilities (the monthly lease payments for these facilities represent more than one-third of the costs of operating a cell site) and, in most cases, Sprint simply has no competitive alternatives to the incumbent LECs for these facilities. Sprint claims that the prices that incumbent LECs charge for these middle mile connections harm consumers and cost jobs by diverting needed resources from Sprint's broadband network and services.

Victor H. “Hu” Meena of Cellular South argued that “one effect of the market concentration is that the largest carriers now use their market power to demand (and receive) long-term exclusive agreements with device manufacturers for the latest and greatest handsets. Exclusivity agreements prevent other carriers from acquiring these devices and are particularly harmful to wireless consumers.”

FiberTower’s representative said: “Middle mile and last mile backhaul enables wireless competition to exist and to thrive. So, our country has an interest in ensuring its availability. The decisions that are made along the way (encouraging the use of multiple-use backhaul platforms and ensuring equal and non-discriminatory access to those platforms, making a limited number of the numerous vacant the TV white space channels available in rural areas, reinforcing FCC rules that prevent burdensome and preempted zoning or permitting restrictions, and implementing FCC, National Telecommunications and Information Administration (NTIA), and Rural Utilities Service (RUS) rules) can create (or destroy) the necessary environment. Making a limited number of TV White Space channels available before the initial grant filing deadlines will greatly increase the ability to bring broadband services to many more unserved and underserved communities, while sparking short term and long term job growth and ensuring wise efficient use with taxpayer funds.”

Consumers Union urged policymakers to eliminate anticompetitive practices and foster competition in the industry by helping to: 1) reduce costs for consumers associated with switching carriers, 2) ensure companies can compete, and 3) scrutinize the behavior and market power of dominant carriers.

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


SEVERAL RURAL ASSOCIATIONS BACK MOBILE Cell Phone Act of 2009: In a letter to Max Baucus (D- Mont.), Chairman of the Senate Finance Committee, and other congressional leaders, a number of associations, including CTIA, OPASTCO, the Rural Cellular Association (RCA), Rural Telecommunications Group (RTG), and USTA expressed support for S.144, the MOBILE Cell Phone Act of 2009 and its House companion H.R. 690. According to the letter, “This bill has broad bipartisan support and will modernize the tax code by removing cellular telephones, smart phones and similar communications devices (cell phones) from application of the listed property rules, which impose special, more burdensome substantiation requirements than are imposed on other business property.” This proposal passed the House last year as part of H.R. 5719, the Taxpayer Assistance and Simplification Act of 2008 and garnered 60 co-sponsors in the Senate, including a majority of the Senate Committee on Finance. Given the broad bi- partisan support the signatories respectfully urged Congress to adopt this legislation as soon as possible. “Under current law, an employee must include the value of an employer-provided cell phone in income unless strict substantiation requirements are met demonstrating that use is predominantly for business purposes. An employer’s deductions for cell phones are also predicated on satisfying these burdensome substantiation rules. These strict substantiation requirements were added at a time when cell phones were considered a luxury item. Now, their use in business, government and nonprofits is commonplace and essential in the modern world. Meeting these strict substantiation requirements burdens the business use of cell phones, dampens the use of advanced technology and is impractical given their frequent use in a fast-paced global work environment. Such detailed documentation is not required for use by an employee of his office phone. There is no reason that cell phones should be subjected to stricter substantiation requirements. Also, the cost of cell phones and wireless service has decreased significantly since the substantiation requirements were adopted. Thus, taxpayers are subject to significant compliance burdens to monitor a relatively small potential fringe benefit, if any. As with other business property, taxpayers must still be able to demonstrate the business use of the cell phone,” the letter stated. BloostonLaw contacts: Hal Mordkofsky and John Prendergast.

BLOOSTONLAW SUPPORTS CTIA’s TOWER-SITING PETITION: BloostonLaw has joined several other parties in signing a letter supporting CTIA's pending Tower Siting "Shot Clock" Petition to establish reasonable time-frames for local and state zoning authorities to act on tower siting and wireless facility applications. The letter makes the following key points:

  • Unreasonable delays in zoning authorities' reviews of tower siting applications — at times longer than three years—threaten to deny citizens critical wireless voice and broadband communications services.
  • The delays also threaten the wireless industry’s ability to advance job creation and capital expenditures. These tower applications represent true “shovel-ready” projects poised to unleash increased investment and employment opportunities.
  • The buildout of 700 MHz and AWS networks (for which carriers spent more than $33 billion dollars on the spectrum alone) make the need for prompt tower siting even more critical. New wireless broadband investments of $17.4 billion can result in an increase of between 4.5 and 6.3 million jobs within 24 months.
  • Delays in constructing commercial towers impede increased E911 coverage and responsiveness, wireless carriers’ delivery of emergency alerts, and Public Safety’s ability to deploy its own wireless services that are often collocated on commercial towers.
  • Zoning authorities’ prolonged inaction on wireless tower applications risks denying Americans critical services that enhance productivity and efficiency.

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

FCC FINALLY GRANTS OREGON STUDY AREA WAIVER REQUEST: The FCC has granted a joint request filed by Qwest, Pine Telephone Systems, and Oregon Telephone Corporation for waivers of the study area boundary freeze codified in the Appendix-Glossary of Part 36 of the Commission’s rules. The study area waiver will permit Qwest and Oregon Telephone to remove territories from their Oregon study areas and permit Pine and Oregon Telephone to add territories to their existing Oregon study areas. In addition, the FCC granted a separate request filed jointly by Qwest and Pine for a waiver of the study area boundary freeze to permit Qwest to remove the Three Rivers territory from its Oregon study area and permit Pine to add that territory to its existing Oregon study area. The original request was filed May 4, 2006. BloostonLaw contact: Gerry Duffy.

SELECTED COMMENTS IN 10th CIRCUIT REMAND PROCEEDING: Various parties recently filed comments to refresh the record in the FCC’s proceeding regarding the decision of the 10th U.S. Circuit Court of Appeals in Denver in Qwest v. FCC (Qwest II).

CTIA said that a universal service system that promotes the deployment and provision of advanced wireless and broadband capabilities in rural and high-cost areas will more readily satisfy all of the statutory universal service principles, as required by the Tenth Circuit. In responding to the court’s direction to re-assess its analysis of the “reasonable comparability” requirement in section 254(b)(3) of the Communications Act, the Commission must bear in mind that the statute does not mandate “identical” rates but does require that services as well as rates be reasonably comparable as between urban and rural areas. Thus, given the broad and increasing availability of wireless broadband services in urban areas, comprehensive reform should provide for the availability of such services to customers in rural and high-cost areas. Moreover, in responding to the Tenth Circuit’s remand, the Commission can best fulfill the statutory goals—including balancing the requirement for sufficiency with the need to keep service affordable for all contributors—by providing support based on efficient costs.

ITTA proposed a plan that incorporates the Broadband and Carrier-of-Last-Resort Support (BCS) Solution filed by Embarq on September 18, 2008, but with one modification—ITTA recommends that the Commission decline the broadband component included in Embarq’s BCS Solution, and instead adopt the Broadband Pilot Program (BPP) proposed by Qwest Communications on July 9, 2007. ITTA, however, urges a modification to the Qwest BPP: rather than funding the BPP using savings from imposing the restriction on funding multiple ETC handsets, ITTA proposes that the Commission should instead fund the BPP through normal USF operations. ITTA also includes in its proposal a reiteration of its request that the Commission eliminate the identical support rule. The IT-TA proposal corrects USF mechanisms to account for competition in urban areas, and ensures that carriers serving high-cost areas are able to obtain support based on the specific characteristics of the areas they serve.

The Rural Cellular Association (RCA), among other things, said that in defining “reasonably comparable” rates, the Commission should replace the existing standard deviation benchmark with a benchmark of 125 percent of the national average urban rate. The use of a clear numerical standard will avoid confusion about the agency’s test, and will also respond to the court’s concerns by narrowing the existing gap between urban and rural rates. The Commission should define “sufficient” support in a manner that ensures that rural consumers have access to mobile wireless services that are reasonably comparable to those available in urban areas. Although the Commission must take into account all the statutory principles in defining “sufficient” support, it should give weight to the principles of competitive and technological neutrality, affordability, and reasonable comparability because these principles are directly related to the specific purposes and objectives of high-cost support mechanisms.

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


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 June 30, 2009. BloostonLaw contacts: Hal Mordkofsky and Cary Mitchell.

JULY 20: FCC FORM 497, LOW INCOME QUARTERLY REPORT. This form, the Lifeline and Link-Up Work- sheet, 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.

JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2007. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2008); December 30 (for lines served as of June 30, 2008), and March 31, 2009, for lines served as of September 30, 2008). BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

JULY 31: FCC FORM 525, COMPETITIVE CARRIER LINE COUNT QUARTERLY REPORT. Competitive eligible telecommunications carriers (CETCs) are eligible to receive high cost support if they serve lines in an incumbent carrier’s service area, and that incumbent carrier receives high cost support. CETCs are eligible to receive the same per-line support amount received by the incumbent carrier in whose study area the CETC serves lines. Unlike the incumbent carriers, CETCs will use FCC Form 525 to submit their line count data to the Universal Service Administrative Company (USAC). This quarterly report must be filed by the last business day of March (for lines served as of September 30 of the previous year); the last business day of July (for lines served as of December 31 of the previous year); the last business day of September (for lines served as of March 31 of the current year); and the last business day of December (for lines served as of June 30 of the current year). CETCs must file the number of working loops served in the service area of an incumbent carrier, disaggregated by the incumbent carrier’s cost zones, if applicable, for High Cost Loop (HCL), Local Switching Support (LSS), Long Term Support (LTS), and Interstate Common Line Support (ICLS). ICLS will also require the loops to be reported by customer class as further described below. For Interstate Access Support (IAS), CETCs must file the number of working loops served in the service area of an incumbent carrier by Unbundled Network Element (UNE) zone and customer class. Working loops provided by CETCs in service areas of non-rural incumbents receiving High Cost Model (HCM) support must be filed by wire center or other methodology as determined by the state regulatory authority. CETCs may choose to complete FCC Form 525 and submit it to USAC, or designate an agent to file the form on its behalf. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

JULY 31: REPORT OF EXTENSION OF CREDIT TO FEDERAL CANDIDATES. This report (in letter format) must be filed by January 30 and July 31 of each year, but ONLY if the carrier extended unsecured credit to a candidate for a Federal elected office during the reporting period. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

AUGUST 1: FTC BEGINS ENFORCEMENT OF RED FLAG RULES. The Federal Trade Commission (FTC) has delayed enforcement of the “Red Flag” Rules for 90 days until August 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 (but other companies as well), must adopt written procedures designed to detect the relevant warning signs of identity theft, and implement an appropriate response. The Red Flag compliance program was in place as of November 1, 2008. But the FTC will not enforce the rules until August 1, 2009, meaning only that a business will not be subject to enforcement action by the FTC if it delays implementing the program until August 1. The FTC announcement does not affect other federal agencies’ enforcement of the original Nov. 1, 2008, compliance deadline for institutions subject to their oversight. 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, as well as many telecom carriers’ non-regulated affiliates and subsidiaries. BloostonLaw has prepared a Red Flag Compliance Manual to help your company achieve compliance with the Red Flag Rules. Please contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554) with any questions or to request the manual.

AUGUST 3: 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. (Normally this form is due on August 1, but because August 1 falls on a Saturday this year, the next business day is Monday, August 3.) This filing requirement also applies to certain Private Mobile Radio Service (PMRS) licensees, such as for-profit paging and messaging, dispatch and two-way mobile radio services. The FCC has modified this form in light of its recent decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual form (Form 499-A) that was due April 1. For-profit private radio service providers that are “de minimis” (those that contribute less than $10,000 per year to the USF) do not have to file the 499-A or 499-Q. However, they must fill out the form and retain the relevant calculations as well as documentation of their contribution base revenues for three years. De minimis telecom carriers must actually file the Form 499A, but not the 499Q. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

AUGUST 3: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT: Any wireless or wireline carrier (including paging companies) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by August 3. (Normally, this filing would be due August 1, but this year August 1 falls on a Saturday, and FCC rules require the filing be submitted the first business day thereafter.) Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. New this year is that reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.


May 15 – Deadline for comments on price cap carriers’ short form TRP associated with annual access tariff filing due July 1.

May 15 – Deadline for comments on Iowa Telecom request for waiver of Section 61.41 “all or nothing” rule regarding acquisitions of Lakedale and Sherburne (WC Docket No. 09-25).

May 15 – Deadline for comments on unassigned BRS auction spectrum (Auction No. 86) practices and procedures (AU Docket No. 09-56).

May 18 – Deadline for reply comments on various recon petitions regarding unlicensed devices below 900 MHz and in the 3 GHz band (ET Docket No. 04-186, 02-380). (Extended from May 8.)

May 20 – Deadline for comments on Supplemental NOI regarding video competition report (2008 data) (MB Docket No. 07- 269).

May 22 – Deadline for reply comments on price cap carriers’ short form TRP associated with annual access tariff filing due July 1.

May 26 – Deadline for reply comments on Iowa Telecom request for waiver of Section 61.41 “all or nothing” rule regarding acquisitions of Lakedale and Sherburne (WC Docket No. 09-25).

May 29 – Deadline for reply comments on unassigned BRS auction spectrum (Auction No. 86) practices and procedures (AU Docket No. 09-56).

May 29 – Deadline for comments on conservation groups’ request for FCC action on antenna structures (WT Docket Nos. 08-61, 03-187).

May 31 – FCC Form 395, Employment Report, is due.

June 3 – FCC open meeting.

June 8 – Deadline for reply comments on NOI to refresh record on non-rural USF support mechanism (WC Docket No. 05- 337).

June 8 – Deadline for comments on NOI seeking comment on developing national broadband plan (GN Docket No. 09-51).

June 12 – DTV Transition.

June 13 – DTV Analog Nightlight program begins and runs for 30 days until July 12.

June 15 – Deadline for reply comments on conservation groups’ request for FCC action on antenna structures (WT Docket Nos. 08-61, 03-187).

June 16 – Deadline for ILECs filing annual access tariffs on 15 days’ notice (carriers proposing to increase any of their rates).

June 19 – Deadline for both paper and electronic copies of applications for FY 2009 RUS Community Connect Grants for broadband projects.

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Private Users Update

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

  Vol. 10, No. 5 May 2009  


FTC Delays Enforcement Of Red Flag Rules Until August 1

The Federal Trade Commission (FTC) has delayed enforcement of the “Red Flag” Rules for 90 days until August 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 (but other companies as well), must adopt written procedures designed to detect the relevant warning signs of identity theft, and implement an appropriate response. The Red Flag compliance program was in place as of November 1, 2008. But the FTC will not enforce the rules until August 1, 2009, meaning only that a business will not be subject to enforcement action by the FTC if it implements the program by August 1. The FTC announcement does not affect other federal agencies’ enforcement of the original Nov. 1, 2008, compliance deadline for institutions subject to their oversight. 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, as well as many telecom carriers’ non-regulated affiliates and subsidiaries. BloostonLaw has prepared a Red Flag Compliance Manual to help your company achieve compliance with the Red Flag Rules. Please contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554) with any questions or to request the manual.

Conservation Groups Seek FCC Action On Antennas

Three wildlife protection groups have asked the FCC to change the rules governing antenna towers and antenna placement, in a way that may impact how our private radio clients operate their radio facilities in the future. In particular, the American Bird Conservancy, Defenders of Wildlife, and National Audubon Society have filed a Petition for Expedited Rulemaking and Other Relief, requesting that the FCC adopt new rules which they assert are necessary to comply with the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird Treaty Act (MBTA), and their implementing regulations, and to carry out the mandate of the U.S. Court of Appeals for the District of Columbia Circuit in American Bird Conservancy, Inc. v. FCC. Specifically, Petitioners request that the FCC undertake the following actions:

  • Amend the Commission’s regulations that implement NEPA, “consistent with Council on Environmental Quality regulations and guidance,” to “cure deficiencies” and to ensure that only Commission actions that have no significant environmental effects individually or cumulatively are categorically excluded;
  • Prepare a programmatic environmental impact statement addressing the environmental consequences of its Antenna Structure Registration (“ASR”) program on migratory birds, their habitats, and the environment;
  • Promulgate rules to clarify the roles, responsibilities and obligations of the Commission, applicants, and non-federal representatives in complying with the ESA;
  • Consult with the U.S. Fish and Wildlife Service on the ASR program regarding all effects of towers and antenna structures on endangered and threatened species; and
  • Complete the proposed rulemaking in the Migratory Birds Proceeding to adopt measures to reduce migratory bird deaths in compliance with the MBTA.

The FCC seeks comments on these proposals. Comments in this WT Docket No. 08-61, 03-187 proceeding are due May 29, and replies are due June 15. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC Sets “Unassigned” BRS Auction For October 29

The FCC’s Wireless Telecommunications Bureau (WTB) has announced it will auction licenses for unassigned Broadband Radio Service (BRS) spectrum, in Auction No. 86, to commence on October 27, 2009. This auction will include 78 licenses within the 2496-2690 MHz band. The auction winners will have to protect certain incumbent operations, including certain land mobile and microwave radios used by companies for internal operations.

The Commission previously made available for licensing all spectrum allocated to the Multipoint Distribution Services (MDS) and Multichannel Multipoint Distribution Service (MMDS), the predecessor services to BRS. Specifically, in Auction 6, which was completed in 1996, the Commission conducted competitive bidding for 493 Basic Trading Areas (BTAs) licenses to provide access to all BRS spectrum nationwide that was not assigned to pre-existing MDS or MMDS site-based licenses.

The licenses to be offered in Auction 86 consist of the available spectrum in 78 BRS service areas. BRS service areas are BTAs or additional service areas similar to BTAs adopted by the Commission. Overlay licenses for 75 of the BTAs originally offered in Auction 6 are available now as a result of default, cancellation, or termination. Underlying, preexisting incumbent BRS licenses within these geographic areas remain intact. In the BRS/EBS 4th MO&O, the Commission amended its rules to establish Gulf of Mexico Service Areas for BRS. This auction will, therefore, also include three additional licenses for BTAs in the Gulf of Mexico. Please contact BloostonLaw for a copy of the Public Notice and a complete list of licenses available for Auction 86.

Where unencumbered, the licenses to be auctioned consist of 76.5 megahertz of spectrum at 2496-2502, 2602-2614, 2614-2615, 2616-2618, and 2618-2673.5 MHz. The FCC notes that the licenses issued pursuant to this auction will be issued pursuant to the post-transition band plan contained in Section 27.5(i)(2) of the Commission’s Rules. A table showing the channelization of this spectrum is also included in the Public Notice.

Incumbency Issues. There are pre-existing BRS incumbent licenses. The service area for each of those incumbent licenses is a 35-mile circle centered at the station’s reference coordinates, and is bounded by the chord(s) drawn between the intersection points of the licensee’s previous protected service area and those of respective adjacent market, co-channel licensees. Any licenses granted pursuant to this auction will not include the geographic service areas of any overlapping, co-channel incumbent licenses. If an incumbent license cancels or is forfeited, however, the right to operate within that area shall revert to the overlay licensee that holds the license for the BRS service area that encompasses that BTA. BRS incumbent licenses are entitled to interference protection in accordance with the applicable technical rules.

In addition, on the E and F channel groups, grandfathered Educational Broadband Service (EBS) licenses originally issued on those channels prior to 1983 may continue to operate indefinitely. Such grandfathered EBS licenses must be protected in accordance with the applicable technical rules.

Operations within the 2614-2618 MHz band are secondary to adjacent channel operations.

Finally, in the 2496-2500 MHz band, BRS licensees must share the band on a co-primary basis with the Code Division Multiple Access (CDMA) Mobile Satellite Service (MSS), grandfathered Broadcast Auxiliary Service (BAS) stations, and grandfathered land mobile and microwave licenses licensed under Parts 90 and 101 of the Commission’s rules, respectively. In addition, the 2400-2500 MHz band is allocated for use by Industrial, Scientific, and Medical equipment under Part 18 of the Commission’s rules.

The FCC also seeks comment on bidding practices and procedures for the upcoming auction. Comments in this AU Docket No. 09-56 proceeding are due May, and replies are due May 29.

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

SBE Opposes Several Recon Petitions On “White Spaces”

The Society of Broadcast Engineers (SBE) has filed comments opposing several petitions for reconsideration of the FCC’s November 14, 2008, Second Report & Order relating to unlicensed, high power Part 15 operation on "unused" TV Broadcast channels. This ET Docket No. 04-186, 02-380 proceeding also involves additional spectrum for unlicensed devices below 900 MHz and in the 3 GHz band. The unlicensed devices to be made available for operation on the TV white spaces may benefit companies using radios for their internal operations.

Among the petitions opposed by SBE is one filed jointly by Fiber Tower Corp., Rural Telecommunications Group (RTG), COMPTEL, and Sprint Nextel, seeking to expand backhaul capacity in white spaces. SBE said in its opposition that this is “untenable.” According to SBE, “First… there are no vacant TV channels for TVBDs (devices operating in TV white spaces) except outside even medium-sized metropolitan areas. Therefore, there are no vacant TV channels for backhaul use. Second, there is no such thing as a ‘protected’ Part 15 application. Part 15 uses are, by definition, and by statutory requirement, unprotected devices with no allocation status; they operate at sufferance to all licensed services. TVBD’s cannot have it both ways: the flexibility of unlicensed operation and a status of a protected (i.e. licensed) radio service.

SBE argues that the decision to allow white spaces devices is seriously flawed and not supported by the record in this proceeding. As the Commission has failed to properly analyze the interference potential from these devices, it is unreasonable to postpone that analysis to the equipment authorization stage on a case-by-case basis. Most urgently, SBE said, the Commission should not adopt the rule relaxations proposed by Adaptrum, Public Interest Spectrum Coalition (PISC), Motorola, Dell/Microsoft, Wireless Internet Service Providers Association, Southern California Tribal Digital Village (SCTDV), The Wi-Fi Alliance, and IEEE 802 Local and Metropolitan Networks Standards Committee. Rather, far more strict provisions to prevent interference to licensed services ex ante, especially for broadcast and broadcast auxiliary operations on television broadcast channels, are required and must be implemented.” Reply comments in this proceeding are due May 18.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC Seeks Comment On AASHTO Request For Several TIS Rule Changes

The FCC’s Public Safety and Homeland Security Bureau has asked for public comment on a petition that addresses various aspects of the regulation of Travelers’ Information Station (TIS) operations.

On March 16, 2009, the American Association of State Highway Transportation Officials (AASHTO) filed a petition for rulemaking requesting the Commission to amend certain TIS rules. Specifically, AASHTO asked the Commission “to modify Section 90.242(b)(7) to clarify that Travelers’ Information Station … facilities may be used to: (1) broadcast advisories regarding missing children, known as America’s Missing: Broadcast Emergency Response Alerts (AMBER Alerts); and (2) transmit information regarding the availability of 511 services.” The Bureau seeks comment on whether to grant AASHTO’s request to initiate a rulemaking proceeding to consider the above-listed rule changes.

Interested parties may file statements in support of or in opposition to the AASHTO Petition on or before May 26, 2009. Parties interested in submitting replies to such statements must do so on or before June 8, 2009. All statements should reference that petition and RM-11531.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC Waives BAS Transition Deadline Until June 3, 2009

On its own motion, the FCC has extended until June 3, the waiver of the deadline by which Sprint Nextel Corporation is required to complete the transition of the broadcast auxiliary service (BAS) to frequencies above 2025 MHz. This will provide additional time to consider a Supplemental Joint Request Concerning the BAS Relocation of Sprint Nextel, the Association for Maximum Service Television, Inc. (MSTV), the National Association of Broadcasters (NAB), and the Society of Broadcast Engineers (SBE) that was filed on February 12, 2009, as well as comments regarding the Supplemental Request. This action is being taken without prejudice relative to the merits of the Supplemental Request.

In 2000, 35 megahertz of BAS spectrum was allocated to the Mobile Satellite Service, which was made responsible for BAS relocation. In 2003, a portion of this spectrum (5 megahertz) was reallocated for the Fixed and Mobile Services and subsequently, in 2004, assigned to Nextel Communications, Inc. (the predecessor in interest to Sprint Nextel) under the terms of the 800 MHz Order. Although both Sprint Nextel and MSS licensees have equal obligations to relocate the BAS incumbents, Sprint Nextel committed to the relocation of BAS incumbents in the 1990-2025 MHz band and was to complete the relocation in 2007. The Commission subsequently granted the parties a waiver to provide additional time to complete the BAS relocation by extending the relocation deadline to March 5, 2009, and holding in abeyance the parties’ original waiver request, which asked that the relocation deadline be extended to February 7, 2010. By the Supplemental Request, the parties renew their request to extend the BAS relocation deadline to February 7, 2010.

The FCC previously acted to waive the deadline by which Sprint Nextel must complete relocation of the broadcast auxiliary service to frequencies above 2025 MHz to April 19, 2009, so as to provide the Commission with time to consider the issues raised by the Supplemental Request and the comments regarding the Supplemental Request.

The FCC again waives this deadline, on its own motion, pursuant to 47 C.F.R. § 1.3 for an additional 45 days until June 3, 2009.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC Says Sprint Does Not Have To Replace Radios In Houston 800 MHz Dispute

In a Memorandum Opinion and Order, the FCC addressed a case referred to it from a Wave 2, Stage 2 mediation by the 800 MHz Transition Administrator (TA) involving the City of Houston, Texas Public Works Department and the Houston Police Department and Sprint Nextel Corporation. The issue in dispute arises from the control channel configuration of Houston’s system, which uses a single control channel but can switch to one of three redundant back-up control channels when necessary. In light of this configuration, the parties dispute whether Sprint must provide Houston with upgraded radios to replace approximately 2,200 of Houston’s existing Motorola “Privacy Plus” radios that are technically capable of being retuned, but lack channel capacity to carry duplicate sets of back-up control channels simultaneously in both the old and new NPSPAC bands during the period when Houston transitions from its old NPSPAC channels to its new NPSPAC channels.

Based on its review of the mediation record, the recommended resolution submitted by the TA-appointed mediator in this case, and the parties’ position statements, the FCC found that Sprint is not required to replace the radios at issue with upgraded radios. The record indicates that alternative means exist to adequately ensure that Houston will have continuity of service and avoid the risk of system disruption during the transition.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC Partially Grants NW Airlines Construction Waiver

The FCC has granted in part Northwest Airlines’ 800 MHz construction waiver request by extending its construction deadline until (a) six months after the Transition Administrator (TA) has specified a channel or channels, if that channel or those channels can be used, in advance of band reconfiguration in the region, without causing interference; or, (b) if the (newly-assigned) channel(s) cannot be activated without interference to other systems, then six months measured from the date band re-configuration is completed in the relevant NPSPAC Region(s) associated with a given license.

In March 2002, the Commission initiated a rule making proceeding to respond to growing concern that cellular-architecture 800 MHz land mobile, and 800 MHz cellular systems were causing interference to public safety and other 800 MHz licensees using “high-site” architecture. To resolve the problem, cellular architecture and high- site architecture systems are being spectrally segregated in the 800 MHz band. This “rebanding” requires some 800 MHz incumbents to modify their systems to operate on “replacement channels” specified by the TA. The Commission, in the Rebanding Report and Order, envisioned a situation where a licensee would face both a pending construction deadline and pending relocation. Specifically, the Commission stated that, because the 800 MHz rebanding will occur incrementally in fifty-one geographic “NPSPAC” regions, “[s]ome incumbent 800 MHz licensees may face construction deadlines prior to their being scheduled for relocation. To resolve this issue the FCC will allow licensees which are ready to construct and waiting only for assignment of their new channel to submit a waiver request demonstrating that they have commenced construction, e.g., have on hand, or have placed a firm order for, non-frequency sensitive equipment, have erected a tower, obtained a commitment for tower space, etc.”

In addition, the Commission stated that an incumbent licensee may seek extension “of the construction period until (a) six months after the TA has specified a channel or channels if that channel or those channels can be used in advance of band reconfiguration in the region, without causing interference; or (b) if its (newly-assigned) channel(s) cannot be activated without interference to other systems, then, six months measured from the date band reconfiguration is completed in the relevant NPSPAC region(s).” The Commission also stated that its waiver rules will apply and that any waiver request will be evaluated particularly on how well the licensee establishes “good cause” for granting such a waiver. More recently, the Public Safety and Homeland Security Bureau (PSHSB) established a reconfigured 800 MHz band plan in the U.S.–Canada border regions. The U.S.–Canada Border Regions Order establishes a 30-month transition period for rebanding to be completed.

Northwest’s construction deadline for the two frequencies was July 23, 2008. Northwest states that both frequencies are needed at the Detroit, Michigan airport to increase its communications capabilities. In seeking a waiver and extension of time of the construction dead- line, Northwest states that since the U.S.–Canada Border Regions Order was adopted it is now entering into negotiations with Sprint/Nextel to reband its frequencies and is also waiting for assignment of replacement channels to be assigned by the TA. Furthermore, Northwest indicates that it will be in a position to meet its construction requirements within one year of its current construction deadline. Finally, Northwest requests that its construction period be tolled while its Waiver Request is pending.

Instead of granting the one year extension outlined in Northwest’s Waiver Request, the FCC granted the relief specified by the Commission in the Rebanding Report and Order. Specifically, because the FCC found that Northwest faces the situation that the Commission envisioned and provided for in the Rebanding Report and Order, it granted a waiver until (a) six months after the Transition Administrator has specified a channel or channels, if that channel or those channels can be used, in advance of band reconfiguration in the region, without causing interference; or, (b) if the (newly-assigned) channel(s) cannot be activated without interference to other systems, then six months measured from the date band reconfiguration is completed in the relevant NPSPAC Region(s) associated with a given license. Consistent with the guidance in the Rebanding Report and Order, the FCC found that Northwest has taken steps to be ready to construct its frequencies and is waiting for assignment of its new channels. Furthermore, the FCC found that requiring Northwest to construct its frequencies prior to reconfiguration would not be in the public interest because it may result in the type of interference the Commission sought to resolve in the Rebanding Report and Order and could be unreasonably burdensome. As a final matter, the FCC found no basis to toll Northwest’s construction period because Northwest has not demonstrated why such a tolling period is necessary. Consistent with the Commission’s Rebanding Report and Order, the FCC believed the relief granted provides an appropriate amount of time for Northwest to meet its construction deadlines.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC ANNOUNCES THAT VIZADA IS CERTIFIED AS ACCOUNTING AUTHORITY: In accordance with Part 3 of the Commission’s Rules, the FCC has announced that the following applicant has been certified by the Commission as an Accounting Authority:

Vizada, Inc.
1101 Wootton Parkway, 10th Floor
Rockville, Maryland, 20852, USA

Comments may be mailed to the Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, with a copy to the Accounting Authority Certification Officer, Federal Communications Commission, Room 1-A637, 445 12th Street, SW, Washington, DC 20554.

Within thirty (30) days from the date of this notice the Commission will notify the International Telecommunications Union (ITU) that this newly certified entity has been added to its approved list of accounting authorities. If you have questions, please contact Austin O’Connor, 202-418-2293. BloostonLaw contacts: Hal Mordkofsky and John Prendergast.

Telecom Users Update

This section is to inform clients who use telecommunications services and products of what is occurring in that sector of the industry, with the hope that this might be helpful in their businesses.

OBAMA TAPS CLYBURN FOR FCC SEAT: President Barack Obama has announced his intention to nominate Mignon Clyburn, a utility regulator and former newspaper executive from South Carolina, to the Federal Communications Commission. The president previously announced his intention to nominate Julius Genachowski to fill the chairman's seat. The White House announced the president's decision on Clyburn late last Wednesday. FCC nominees need to be confirmed by the Senate. Clyburn is the daughter of the House majority whip, Rep. James Clyburn. She has been a member of the Public Service Commission of South Carolina since 1998. Before that, she spent 14 years as the publisher and general manager of The Coastal Times, a weekly newspaper in Charleston.

IS THE INTERNET RUNNING OUT OF SPACE?: The Times of London reports that Internet users could face regular “brownouts” that will freeze their computers as capacity runs out in cyberspace, according to research to be published later this year. This research predicts that consumer demand, already growing at 60% per year, will start to exceed supply next year because of more people working online and the increasing popularity of websites such as YouTube and services such as the BBC’s iPlayer, which consume bandwidth. Initially computers will be disrupted and go offline for several minutes at a time. From 2012, however, PCs and laptops are likely to operate at a much reduced speed, rendering the internet an “unreliable toy,” the Times reports. It said that when Sir Tim Berners-Lee, the British scientist, wrote the code that transformed a private computer network into the world wide web in 1989, the Internet appeared to be a limitless resource.

However, a report being compiled by Nemertes Research, a respected American think-tank, will warn that the web has reached a critical point and that even the recession has failed to stave off impending problems. Despite billions of dollars in facilities upgrades, demand for bandwidth continues to outstrip supply. The amount of traffic generated each month by YouTube is now equivalent to the amount of traffic generated across the entire Internet in all of 2000.

Engineers are already preparing for the worst. While some are planning a lightning-fast parallel network called “the grid,” others are building “caches,” private computer stations where popular entertainments are stored on local PCs rather than sent through the global backbone. Telephone companies want to recoup escalating costs by increasing prices for “net hogs” who use more than their share of capacity, the Times said.

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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Easy Solutions

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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.

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Easy Solutions
3220 San Simeon Way
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Vaughan Bowden
Telephone: 972-898-1119
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Easy Solutions

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Hark Technologies

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Wireless Communication Solutions

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ISI-LX Internet Serial Interface with Protocol Conversion

  • Converts Serial TAP message to SNPP, SMTP, or WCTP Pass through Serial Data to TCP/IP and TCP/IP back to Serial Supports Ethernet or PPP Connection to Internet w/Dial Backup
  • Includes 4 Serial Ports for Multiplexing Traffic

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IPG Internet Paging Gateway

  • No Moving Parts Such as Hard Drives or Fans to Fail Supports 10Base-T Network Connection to Internet Accepts HTTP, SMTP, SNPP, and WCTP from Internet
  • Sends TAP or TNPP to Your Paging Terminal



  • Inexpensive method of automating your paging monitoring Uses standard paging receiver
  • Available in 152-158 POCSAG or 929 FLEX (call for others)

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Omega Unified Messaging Server

  • Full Featured Internet Messaging Gateway TAP Concentrator and TNPP Routing Functions w/TNPP over Internet Serial Protocols Supported: GCP, SMDI, SMS, TAP, TNPP Internet Protocols Supported: AIM, HTTP, SMPP (out only), SMTP, SNPP, and WCTP Full Featured, Easy-to-use Voice/Fax/Numeric Mail Interface One Number For All Your Messaging
  • Optional Hot-swap Hard Drives and Power Supplies Available

Please see our web site for even more products designed specifically for Personal Messaging carriers. For example, the Omega Messaging Gateway and E-mail Throttling Gateway (anti-spam).

Hark Technologies
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its stil here


It's still here — the tried and true Motorola Alphamate 250. Now owned, supported, and available from Leavitt Communications. Call us for new or reconditioned units, parts, manuals, and repairs.

We also have refurbished Alphamate II, and the original Alphamate.

E-mail Phil Leavitt ( for pricing and delivery information or for a list of other available paging and two-way related equipment.

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Phil Leavitt
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  7508 N. Red Ledge Dr.
  Paradise Valley, AZ • 85253

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From: Ron Mayes
Date: May 12, 2009 5:48:18 PM CDT
To: Brad Dye


Know of any jobs available in Austin Texas?

My son, Mike Mayes graduates this Friday from Wichita State University with his BS degree in Computer Science.  Mike has also worked at Advantage Communications & Paging learning wireless networks for several years. He maintains all of our computers, computer networks, web server, web sites, 802.11 internet services and hot spots, programming of communications equipment, troubleshooting wireless devices and more.

He’s looking for a new employer in Austin, Texas so that he can be close to his wife there.

Please pass on his resume and contact him with any opportunities you are aware of.

Thank you for your time!

Ron Mayes
Advantage Communications & Paging
Wichita, KS


mike mayes

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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
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“Has this world been so kind to you that you should leave with regret? There are better things ahead than any we leave behind.”

—C. S. Lewis

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