Dear Friends of Wireless Messaging,

For all readers in the northern hemisphere, I hope your springtime is as beautiful as it is here, and that you are enjoying it as much as I am.

I would like to draw your attention to an e-mail from Angel González, Marketing Analyst at SkyTel in Argentina. It is in the LETTERS TO THE EDITOR section. He asks some very interesting questions about two-way paging, but more importantly he mentions that SkyTel Argentina has been buying and importing various products that he has found through the advertising in this newsletter.

Last week I made an appeal for more advertising, and I am going to repeat it this week. If you would like to have information about advertising, please click here. Your support of the newsletter will be much appreciated.

Remember the old question: "What happens when you don't advertise? . . . Nothing!

Now on to more news and views.

Wireless Messaging News
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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.

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 Opinion pieces present the opinions of the author. They do not necessarily reflect the views of AAPC, its publisher, or its sponsors.

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.

If you would like to have information about advertising in this newsletter, please click here.

Advertiser Index

FOR IMMEDIATE RELEASE

TSU SUCCESSFULLY TESTS NEW EMERGENCY ALERT SYSTEM (Gives Revolutionary RAVEN™ Keychain Thumbs Up)

HOUSTON, Texas — April 27 — Texas Southern University (TSU) announced today that it has successfully tested a new state-of-the-art emergency alert system. The system, designed by IntelliGuard Systems, LLC, provides immediate and simultaneous notification to students, faculty and staff in the event of an emergency. Through advances in micro technology, the Intelliguard System™ delivers messages in less than 20 seconds to all persons with a dedicated messaging device, the RAVEN™ Keychain, which emits a loud audible alert upon receipt of an emergency message, guiding students, faculty and staff out of harms way. The Intelliguard System™ was tested by more than 50 TSU students, faculty and staff, each of which was provided a RAVEN™ Keychain, weighing less than an ounce and about two and a quarter inches long. Scattering to remote parts of the TSU campus, participants found that the system alerted them simultaneously and provided instructions within 14 seconds of dispatch.

J. Roy Pottle, Chairman & Chief Executive Officer of IntelliGuard Systems, LLC said, “We could not be more pleased to have partnered with Texas Southern University in a test of our new emergency alert system. Its commitment to state-of-the-art facilities, spread over a 150 acre campus in Houston’s historic Third Ward, made it an ideal environment for us to confirm the speed and reliability of our system and the attributes of our mobile messaging devices, including the RAVEN™ Keychain.”

Chief Byars, a veteran of 33 years, who also serves as the Director of Public Safety for the TSU campus, commented; “We wanted a system that was not in the public domain, particularly the email and text messaging systems currently in use. In times of crisis, human nature takes over and usage multiplies — these systems feed on themselves and get clogged.” The University is investing in its own dedicated network infrastructure, which includes back-up generators, wireless transmitters and network controllers, all dedicated solely to emergency alert.

Dave Andersen, President & Chief Operating Officer of Intelliguard further noted “the fact that less than 120 days passed from the date of our first meeting to our successful test speaks to Texas Southern’s commitment to its students and new technologies that provide clear benefits. They immediately recognized the limitation of existing email and text messaging systems and could not have done more, or acted quicker, to consider, evaluate and now test all elements of our system and related messaging devices.”

IntelliGuard’s Pottle and Anderson echoed university officials, President Rudley and Police Chief Byars in setting a goal of 100% participation in the new program. Pottle indicated; “We need to have the support of the students, parents, residents and businesses in the surrounding community to develop a strong campus safety program. Alerting and directing tens of thousands of people out of harm’s way simultaneously in a matter of seconds is a challenging task that requires cooperative advance preparation”.

The RAVEN™ Keychain and Wall Unit (which alerts critical locations like classrooms) are products of advances in micro-technology and wireless messaging by IntelliGuard Systems™, a wholly owned subsidiary of American Messaging™, a leading provider of immediate notification systems and messaging devices serving over one million first responders and other emergency personnel.

IntelliGuard Systems www.IntelliGuardSystems.com

Company Contact: Jenna Richardson (602) 448-0396 jenna.richardson@americanmessaging.net

# # #

Apple surpasses Motorola as #1 U.S. phone maker

Newsbrief by Todd Haselton on Friday April 30, 2010.

Apple has surpassed Motorola as the number one U.S. phone maker, Forbes is reporting. According to its Q1 2010 results, Apple sold 8.7 million iPhones in the United States. Motorola sold just 8.5 million phones during the quarter, including 2.3 million smartphones. Forbes also noted a compelling figure: 4 years ago Motorola sold 46.1 million phones during the first quarter, thanks to its popular Razr phone.

Source: Forbes, via: Apple Insider

PAGING & WIRELESS
NETWORK PLANNERS LLC
WIRELESS SPECIALISTS

www.pagingplanners.com
rmercer@pagingplanners.com

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

Cell Broadcast Firm Addresses Location-based Applications

By: Paula Bernier

A company called one2many has an entirely unique angle to contextual applications. INTERNET TELEPHONY Executive Editor recently interviewed Maarten Mes, managing director of the company, about the company’s business model and how it addresses location-based services.

What does one2many sell and to whom?

Mes: one2many sells its Cell Broadcast System to mobile network operators, telecoms equipment providers and OEMs across the world.

CBS offers a non-intrusive, real-time service of distributing text messages to mobile handsets, specific to their current location. Where SMS is a service of individual messages, Cell Broadcast is capable of broadcasting one single message to reach all mobile handsets in an area as small as one radio cell and as big as an entire country. Only handsets that have Cell Broadcast channels activated will receive these messages. It is fast and in real-time. Sending a message to millions of handsets takes a matter of seconds. This is particularly important for emergency alert services. The ability to broadcast in a specific area makes it possible to provide handset users with information relevant to their location.

What is one2many’s customer target and geographic focus?

Mes: one2many has the largest Cell Broadcast global footprint — of more than 80 installations with 50 customers in more than 30 countries. Based in the Netherlands and Dubai, the company targets customers across the globe. Key markets include Europe, North America, Asia Pacific and Africa. The company’s customers are typically tier 1 and 2 operators.

What are the benefits of Cell Broadcast for public warning?

Mes: The days of sirens and alarms being enough to warn the public of impending danger are long gone. Today’s dangers require a tailored approach to each individual event and detailed instructions must be given to the public, informing them with localized information to alert, inform and guide them to safety.

The example of a fire at a chemicals’ plant illustrates this well. While persons within the immediate range of the fire should be evacuated, those downwind of the toxic smoke could be in danger if they venture outdoors. Two distinct messages, therefore, need to be broadcast — different messages sent to distinct locations.

Today, only Cell Broadcast has the geographical flexibility to do this. As messages are broadcast to all users within the range of individual cells/base stations, the right messages get to the people who need them.

Does this kind of alert system require some action on the behalf of the end users?

Mes: Users do not need to sign up to the system, as the messages are sent to all phones in a specified area rather than to individual handsets. This means that visitors to the area as well as locals will receive the relevant warnings – and similarly, local residents that are out of town will not be unnecessarily alarmed. Users can also easily opt out simply by turning off the Cell Broadcast channel on their handsets.

Cell Broadcast also offers a truly robust approach to public warning. Cell Broadcast has its own dedicated channel, which ensures that Cell Broadcast messages always get through — even at peak periods (like New Year’s Eve) or at exceptionally busy locations.

How can service providers recoup their investments in Cell Broadband public warning systems?

Mes: Cell Broadcast offers excellent means of doing this. The features of Cell Broadcast enable operators to exploit, for example, location-based mobile advertising services, location-based information services and dynamic discount service network optimization for revenue generation and improving customer loyalty.

What specific mobile applications can one2many enable?

Mes: Cell Broadcast has solved the issue of how to deliver location-based services and mobile advertising without the need to impinge on user privacy. It works by blanket-sending a message to a cell or series of cells within a specified location. The messages are not sent to specific individuals, but to all network antennas in the targeted area. The organization sending the message does not need to know the numbers of the phones within that location as they are targeted automatically by being in the area. This removes much of the fear of ‘big brother’ inherent to other LBS/mobile advertising approaches.

Also, Cell Broadcast allows operators to efficiently broadcast Tweets of celebrity Twitter users with a huge number of followers, by allocating CB channels to them. A message will reach all followers instantly without being a burden to the mobile network.

Cell Broadcast also enables user-generated content to be broadcast with location relevance. User content can be sent to the operators via a premium rate SMS number — generating revenue for the operator with each use. Once received by the operator the content can be broadcast to all users in a given location signed up to a particular channel. For example, while visiting a particular city a user could Tweet to all of [his or her] followers in that area in case they wanted to meet up.

This enables value-add applications such as (location-based) dating, community and classified services.

And with the dynamic discount service, operators can now introduce dynamic pricing and provide discounts in areas where the network is under-utilized. The operator’s statistical or dynamic information shows for each cell site what the traffic load is throughout the day, throughout the week. When at certain periods in the day there is ample capacity available, traffic can be stimulated by offering a discount. Each cell uses Cell Broadcast to broadcast the discount percentage. This information is shown on the display of the mobile device through the cell information feature and can be updated on an hourly basis.

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Text of USF NPRM Focuses On Reforming Cap Growth

At its April 21 open meeting, the FCC adopted a Universal Service Notice of Inquiry and Notice of Proposed Rulemaking (NPRM). In general, the NOI focuses on whether the Commission should use a model to help determine universal service support levels in areas where there is no private sector business case to provide broadband and voice services. The NPRM focuses on specific reforms to cap growth and cut “inefficient” funding in the legacy high-cost support mechanisms and to shift the savings toward broadband communications. Our focus here is on the text of the NPRM. It will be vital for our ILEC clients (and others) to participate in this rulemaking process, as the FCC seeks to redirect USF to other purposes while capping the size of the fund, creating an environment that can prove detrimental to the ability or rural carriers to maintain and expand the incumbent network that is a vital link for rural broadband traffic.

Controlling the Size of the High-Cost Program

Here is the FCC’s explanation of the NPRM’s goals: As an essential first step toward repurposing the Universal Service Fund (USF) to support broadband as well as voice service, the FCC believes it must ensure that the size of the fund remains reasonable. The National Broadband Plan recommends that the Commission take steps to manage the USF so that its total size remains close to its current level (in 2010 dollars) to minimize the burden of increasing universal service contributions on consumers.

The Commission already has taken action to control the overall size of the high-cost fund. In 2008, the Commission adopted on an interim basis an overall competitive eligible telecommunications carrier (ETC) high-cost cap of approximately $1.4 billion, pending comprehensive USF reform. Similarly, the FCC seeks comment on capping legacy high-cost support provided to incumbent telephone companies at 2010 levels, which would have the effect of creating an overall ceiling for the legacy high-cost program. Such a cap would remain in place while the Commission determines how to distribute funds in a “more efficient, targeted manner” to those areas of the country where no firm can operate profitably without government support, while minimizing burdens on American consumers who ultimately pay for universal service through carrier pass-through charges.

The FCC seeks comment on how the Commission could implement such a cap. Alternatively, the FCC invites other proposals that would ensure that the overall size of the high-cost fund stays at or below current levels. Should the Commission impose an overall cap on legacy high-cost support for incumbent local exchange carriers (LECs) at 2010 levels? Should the Commission impose a cap on each individual high-cost mechanism (to the extent each is not already capped) at 2010 levels? Should the Commission freeze per-line support for each carrier at 2010 levels? For example, the Alliance for Rural CMRS Carriers proposed that incumbent LEC support amounts per line be capped at either March 2008 or March 2010 levels. The FCC seeks comment on this proposal. Alternatively, should the Commission freeze the total amount of support a carrier receives in a particular study area at 2010 levels? Are there other ways to implement such a cap? What rule changes would be required to implement this proposal? How would the Commission implement this proposal in conjunction with the reforms identified in the following paragraphs? In addition, what implications would this proposal have for other Commission rules, such the Commission’s current pricing rules, and should the implementation of this proposal be coordinated with any other regulatory actions?

Specific Steps to Cut Legacy High-Cost Support

The National Broadband Plan identifies several specific first steps that could reduce funding in the legacy high-cost support mechanisms and recommends that those savings be used to further the goals of universalizing broadband without increasing the overall size of the universal service fund. The National Broadband Plan recognizes that shifting funds could have transitional impacts and recommends that “[a]s the FCC considers this policy shift, it should take into account the impact of potential changes in free cash flows on providers’ ability to continue to provide voice service and on future broadband network deployment strategies.”

The FCC seeks comment on the first steps set forth in the National Broadband Plan. To the extent that any commenter believes that these proposals, or the proposal to cap legacy high-cost support, would negatively affect affordable voice service for consumers today, the FCC would encourage such a commenter to identify all assumptions and to provide data, including information on network investment plans over the next five years and free cash flows, to support that position. The intent of these proposals is to eliminate the indirect funding of broadband-capable networks today through legacy high-cost programs, which is occurring “without transparency or accountability for the use of funds” to extend broadband service. The FCC seeks comment on the timing of implementing such reforms in conjunction with the creation of a more efficient and targeted framework that will provide support for broadband and voice. The FCC encourages commenters to address when each rule change should be implemented and how specific reforms should be sequenced to provide regulatory clarity for on-going private sector investment.

In addition, the FCC seeks comment on the relationship between such universal service reforms and carriers’ rates, including intercarrier compensation rates, under the Commission’s current pricing rules. The FCC seeks comment both on the likely rate impacts under existing pricing rules that would arise from the possible universal service reforms and any appropriate responses. The FCC also notes that many rural rate-of-return carriers participate in the National Exchange Carrier Association (NECA) pooling process for their interstate access charges. If universal service support under the legacy programs were frozen for such carriers, are there special considerations resulting from operation of the NECA pool that would unfairly advantage or disadvantage certain carriers? The Commission previously has expressed concern about the risks of continued participation in NECA pools by carriers that were subject to incentive regulation. The FCC seeks comment on whether such concerns would remain if all rate-of-return carriers converted to incentive regulation. Would the pool be able to continue to operate pursuant to regulation other than rate-of-return?

Shifting Rate-of-Return Carriers to Incentive Regulation.

The National Broadband Plan recommends that the Commission “require rate-of-return carriers to move to incentive regulation.” The FCC seeks comment on requiring current rate-of-return companies to convert to some form of incentive regulation. The FCC notes that a number of companies have voluntarily converted to price cap regulation in the last two years. In such cases, the Commission effectively converted the companies’ interstate common line support (ICLS) to a frozen amount per line. The FCC seeks comment on whether the Commission should replace rate-of-return regulation with the price-cap framework recently adopted for voluntary conversions, an alternative price-cap framework, or some other form of incentive regulation. The FCC seeks comment on the costs and the benefits that would be realized by converting all rate-of-return carriers to price cap regulation or other incentive regulation. The FCC seeks comment on whether, in an increasingly competitive marketplace, and with carriers’ service offerings expanding beyond regulated services, the current rate-of-return framework, which considers only regulated costs and revenues, has become less appropriate.

The FCC seeks comment on whether it should convert ICLS to a frozen amount per line, which would have the effect of limiting growth in the legacy high-cost program. The FCC seeks comment on whether this reform should be implemented at the same time as any measures the Commission may adopt to provide targeted funding for the deployment of broadband-capable infrastructure to areas that are unserved, or should such a rule change occur before the development of the Connect America Fund (CAF), or otherwise be coordinated with some other regulatory action such as conversion to incentive regulation. The National Broadband Plan recognizes that the savings realized by eliminating future growth in the legacy ICLS program represent funding that could be redirected toward achieving broadband-related goals. The FCC seeks comment on this proposal.

Elimination of Interstate Access Support. The National Broadband Plan also recommends that the Commission “redirect access replacement funding known as Interstate Access Support (IAS) toward broadband deployment.” Thus, it now seeks comment on the elimination of interstate access support. When the Commission created IAS in 2000, it said that it would revisit this funding mechanism “to ensure that such funding is sufficient, yet not excessive.” That reexamination has not occurred.

Specifically, the FCC now seeks comment on eliminating sections 54.800-54.809 of its rules and transferring any IAS funding levels as of the date of elimination to the new Connect America Fund to provide support for broadband-capable networks. The FCC invites commenters to propose an appropriate timeline for the elimination of these rules and any glide-path that may be necessary to ensure that recipients continue to be able to provide voice services during the transition.

Sprint and Verizon Wireless Voluntary Commitments. The National Broadband Plan also recommends that the Commission “issue an order to implement the voluntary commitments of Sprint and Verizon Wireless to reduce the high-cost funding they receive as competitive eligible telecommunications carriers to zero over a five-year period as a condition of earlier merger decisions.” The Commission will consider shortly an order clarifying how to implement Verizon Wireless’s and Sprint’s voluntary commitments.

Elimination of Competitive ETC High-Cost Support. The National Broadband Plan recommends that the Commission phase out remaining competitive ETC funding under the existing funding mechanisms over a five-year period and target the savings toward the deployment of broadband capable networks and other reforms in the plan. The FCC seeks comment on this proposal.

The FCC seeks comment on whether it should ramp down competitive ETC support under the legacy programs, and if so, how the transition should occur. For example, should the Commission reduce support on a pro rata basis (e.g., 20% reduction each year) for each state? Should the Commission reduce support at an accelerated rate of decline? Should the Commission reduce support on a proportional basis for all states, or in some other manner, and if so, on what basis? Would there be any impact on existing subscribers of competitive ETCs if the Commission were to reduce competitive ETC support under the legacy funding mechanisms? How should reductions in legacy high-cost support for all competitive ETCs be coordinated with implementation of Verizon Wireless’s and Sprint’s voluntary commitments to phase-out legacy high-cost support over a five year period?

General Proposals. Commenters are invited to submit other proposals to eliminate or reduce funding levels in the legacy high-cost support mechanisms to transition to efficient funding levels in the Connect America Fund. The FCC encourages parties that submit alternative proposals to identify specific rule changes and quantify the impact of such changes. Comments in this WC Docket No. 10-90, GN Docket No. 09-51, and WC Docket No. 05-337 proceeding will be due 60 days after publication of the item in the Federal register, and replies will be due 30 days thereafter.

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

FCC Adopts Notice of Inquiry On Cyber Security Issues

The FCC, at its April public meeting, adopted a Notice of Inquiry (NOI) that seeks comment on the proposed creation of a new voluntary cyber security certification program that would encourage communications service providers to implement a full range of cyber security best practices. In 2008, the FCC said, a Data Breach Investigations report concluded that 87% of cyber breaches could have been avoided if reasonable security controls had been in place. The goals of a voluntary cyber security certification program would be to:

• Increase the security of the nation’s communications infrastructure;
• Promote a culture of more vigilant cyber security among participants in the market for communications services; and
• Offer consumers (or end-users) more complete information about their communication providers’ cyber security practices and ability to better protect their personal computer hardware and online activity from cyber attacks.

The NOI seeks comment on a voluntary certification program under which private sector auditors or the FCC would conduct security assessments of participating communications service providers’ networks, including their compliance with stringent cyber security practices developed by a broad-based public-private partnership. Providers whose networks successfully completed this assessment would then be able to market their networks as complying with these FCC network security requirements. Further, the NOI includes the following questions regarding the proposal:

• The benefits and costs of such a program.
• Whether such a program will create a significant incentive for providers to increase the security of their systems and improve their cyber security practices.
• Whether public knowledge of providers’ cyber security practices would contribute to broader implementation by industry.
• Whether the scope of the certification program should be open to all communications service providers or should be limited to certain types of providers. If the latter, how should this be limited?
• What the overall framework should be for the certification criteria.
• The composition of a certification authority and whether it should be open to all segments of the potentially affected industries.
• The operating procedures of a certification authority.
• Who should be responsible for establishing the requirements that auditors must meet to be accredited to conduct cyber security assessments under the proposed program?
• What should be the appropriate certification criteria, accreditation procedures, and requirements to maintain certification once obtained?
• Whether the network security criteria should be definitive and objectively measurable or established on a case-by-case basis.
• The development and application of assessment standards.
• The form and duration of the security certificate, the renewal process, and permissible uses by providers of the security certificate.
• How appeals of certification issues should be handled.
• Whether any Commission enforcement process should be implemented for this program.

The NOI seeks comment on other actions, including voluntary incentives the Commission can take to improve cyber security and asks about actions the Commission can take to better educate consumers, businesses and government agencies about cyber security.

Comments in this PS Docket No. 10-93 proceeding will be due 60 days after publication of the item in the Federal Register, and replies will be due 60 days thereafter.

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

NTIA Announces Nine BTOP Grants Worth $114 Million

The National Telecommunications and Information Administration (NTIA) has announced nine American Recovery and Reinvestment Act Broadband Telecommunications Opportunities Program (BTOP) grants:

Multiple states: One Economy Corporation: $28.5 million sustainable broadband adoption grant with an additional $23 million applicant-provided match to implement a comprehensive program of computer training, wireless Internet access, broadband awareness marketing, and online content and applications to residents of 159 affordable and public housing developments and low-income communities in 50 cities and towns across 31 states and the District of Columbia. States impacted by this grant are: Alabama, Arkansas, California, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Michigan, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin.

Idaho: Digital Bridge Communications: $1.9 million broadband infrastructure grant with an additional $466,000 applicant-provided match to bring affordable wireless broadband service to rural, underserved communities in Cassia County, Idaho, including the towns of Albion, Burley, Declo, Malta, and Oakley. The project would expand Digital Bridge Communications’ existing network by adding five towers, 46 miles of new fiber, and a nine-mile microwave link. The project also proposes to offer speeds of up to 3 Mbps using both fixed and mobile wireless technology, as well as directly connect approximately 25 community anchor institutions at no charge.

Idaho: Digital Bridge Communications: $980,000 broadband infrastructure grant with an additional $246,000 applicant-provided match to bring affordable wireless broadband service to rural, underserved communities in Jerome County, Idaho, including the towns of Barrymore, Falls City, Greenwood, Haytown, Hunt, Hydra, Jerome, McHenry, and Sugar Loaf. The project would expand Digital Bridge Communications’ existing network by adding three towers, 15 miles of new fiber, and two microwave links. The expanded network intends to offer speeds up to 3 Mbps using both fixed and mobile wireless technology, as well as directly connect approximately 25 community anchor institutions at no charge.

Idaho: Digital Bridge Communications: $1.4 million broadband infrastructure grant with an additional $340,000 applicant-provided match to bring affordable wireless broadband service to underserved communities in Twin Falls County, Idaho, including the towns of Buhl, Burger, Clover, Deep Creek, Fairview, Filer, Godwin, and Hansen. The project would expand Digital Bridge Communications’ existing network by adding eight towers, three miles of new fiber, and nine microwave links. This expanded network intends to offer speeds up to 3 Mbps using both fixed and mobile wireless technology, as well as directly connect approximately 25 community anchor institutions at no charge.

Kentucky: City of Williamstown, Kentucky: $535,000 broadband infrastructure grant with an additional $134,000 applicant-provided match to deploy a high-speed fiber-to-the-home broadband network to unserved and underserved communities south of its existing network in Corinth, and north of its existing network to areas of Grant and Owen counties in northern Kentucky. The project intends to offer broadband speeds up to 10 Mbps and directly connect the three municipal organizations within the service area – Corinth City Hall, the Corinth Water District, and the Corinth Volunteer Fire Department – free of charge. In addition, the project expects to offer broadband Internet access for local consumers, including approximately 680 households and 20 businesses, and spur economic growth and job creation in the region.

Oklahoma: Pine Telephone Company, Inc.: $9.5 million broadband infrastructure grant with an additional $2.4 million applicant-provided match to deliver affordable wireless broadband service to underserved areas of Southeastern Oklahoma, including the Tribal lands of the Choctaw Nation and its 10 counties. The project intends to directly connect 20 community anchor institutions, including Choctaw Nation agencies, public schools, public safety agencies, fire and police departments, and a health clinic. The project’s last mile network plans to offer broadband speeds ranging from 1 Mbps to 3 Mbps to as many as 7,000 households and 75 businesses.

Puerto Rico: Critical Hub Networks, Inc.: $25.8 million broadband infrastructure grant with an additional $6.7 million applicant-provided match to provide fast, affordable broadband connectivity for last-mile Internet service providers and underserved areas of Puerto Rico, including of the islands of Culebra and Vieques. The project plans to purchase a 10 Gbps undersea fiber-optic cable directly connecting to Miami and deploy more than 180 miles of terrestrial middle-mile microwave network using 11 towers. The network will offer speeds from 100 Mbps to 1 Gbps to anchor institutions, including more than 1,500 K-12 schools, and local Internet service providers. Virginia: Buggs Island Telephone Cooperative: $19 million broadband infrastructure grant with an additional $5 million applicant-provided match to bring high-speed affordable broadband services to 15 underserved counties and the cities of Emporia and Franklin in South Central Virginia by expanding and enhancing its existing high-speed broadband and voice communications wireless network. The BIT Wireless project intends to offer wireless broadband at speeds of up to 10 Mbps to as many as 100,000 households, 14,800 businesses, and 800 community anchor institutions. In addition, the project will promote broadband adoption by discounting the cost of the equipment necessary to subscribe at home.

Washington: Public Utility District of Pend Oreille County: $27.2 million broadband infrastructure grant with an additional $6.8 million applicant-provided match to bring high-speed, affordable broadband to underserved areas of Pend Oreille County in northeastern Washington State, which borders Idaho and Canada. The proposed fiber-to-the-premises network would deploy approximately 526 miles of fiber-optic cable to deliver last-mile broadband Internet services and facilitate critical network redundancy in this rural area. The project plans to offer affordable, high-speed broadband access to as many as 3,200 households, 360 businesses, and 24 community anchor institutions.

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

FCC Sets Dates For FNPRM On Roaming Obligations For Data, Broadband Services

The FCC has established a comment cycle for its Second Further Notice of Proposed Rulemaking (FNPRM) on whether to extend roaming obligations to data services that are provided without interconnection to the public switched network—including mobile broadband services. The Commission adopted this item at last week’s open meeting (BloostonLaw Telecom Update, April 21). Comments in this WT Docket No. 05-265 proceeding are due June 14, and replies are due July 12.

In the Second FNPRM, the Commission seeks additional comment on whether to extend automatic roaming obligations to certain mobile data services—specifically, mobile services, including mobile broadband Internet access, that are provided without interconnection to the public switched telephone network. The Commission is seeking comment as well on whether any such obligations should apply only to service providers that are also commercial mobile radio service (CMRS) carriers or more broadly to facility-based mobile data service providers whether or not they also provide CMRS.

The Commission's underlying policy goals remain the same as for mobile voice service roaming—to facilitate the provision of services in a manner that provides the greatest benefit to consumers. In particular, the Commission seeks to have service provided by new entrants in competition with established incumbents; to ensure that consumers have access to seamless coverage nationwide; and to provide incentives for both new entrants and incumbent service providers to invest and innovate by using available spectrum and constructing wireless network facilities on a widespread basis. The Commission invites parties to include any new information that may be relevant to the Commission's consideration of what action, if any, may be appropriate in this proceeding.

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

FCC ACTS ON CABLECARD ITEM: The FCC has issued a Notice of Inquiry (NOI) and a Fourth Further Notice of Proposed Rulemaking (FNPRM) to (1) create a competitive retail market for navigation devices for use with multichannel video programming distributors (MVPDs); and (2) propose changes to the current CableCard system to make it more consumer-friendly while a new technology approach is being developed. According to the FCC, consumers are increasingly accessing video from multiple sources, including MVPD services, the Internet, DVDs, and over-the-air broadcasting. The NOI seeks input on ways to foster a more competitive marketplace for navigation devices and in particular calls for comment on a standardized interface that enables smart video devices to bring video from all of these sources together for ease of selection, recording, and viewing. The standardized interface could be implemented through an “AllVid” adapter that would act as an intermediary between the consumer’s device and the MVPD’s service. The service provider would be free to innovate within its network to improve its services, without requiring replacement of the consumer’s home devices. And a consumer could switch from one provider to another and continue to use the same smart video devices. The FCC says the FNPRM proposes to remedy shortcomings in the existing CableCARD system, to provide consumers with better service in the interim before the new AllVid approach is in place. In order to remove the disparity between consumers who choose to use a retail Cable-CARD-equipped video device and those who lease a cable provider’s video navigation box, the proposed interim measures would: (1) ensure that retail devices have comparable access to video programming that is prescheduled by the programming provider; (2) make CableCARD pricing and billing more transparent; (3) streamline CableCARD installations; and (4) clarify certification requirements. Comments on the Notice of Inquiry (FCC 10-60) MB Docket No. 10-91; CS Docket No. 97-80; PP Docket No. 00-67 will be due 60 days after publication in the Federal Register and replies will be due 30 days thereafter; comments on the FNPRM will be due 30 days after publication, and replies will be due 15 days thereafter. BloostonLaw contact: Gerry Duffy.

FCC STUDY BACKS AGENCY’s COST MODELS: The FCC has released a white paper study that builds on the National Broadband Plan recommendations to create what it calls “an economically viable, technically sound, and robust interoperable public safety wireless broadband network across America.” Titled A Broadband Network Cost Model: The Basis for Public Funding Essential to bringing Nationwide Interoperable Communications to America’s First Responders, the study offers a detailed analysis of how the FCC's plan for creation and funding of the network would meet public safety’s needs for accessibility, reliability, and affordability, while saving the nation approximately $18 billion or more in capital and operating expenditures over a 10-year period. The plan would also ensure true interoperability for public safety across the nation, stretching beyond large cities and metropolitan areas and into rural America. The FCC study examines the merits of the Plan's comprehensive strategy to create a nationwide interoperable public safety wireless broadband network for first responders and other public safety agencies that accounts for sufficient capacity on a day-to-day and emergency basis; ensures interoperability; and dedicates funding to the nationwide deployment of a resilient, redundant and robust network.

A major highlight of the study’s analysis shows that the FCC's recommendation to capitalize on commercial network build-out at the same time the public safety network is created would cost approximately $6.5 billion over 10 years, significantly less than the projected $15.7 billion in capital costs associated with building a stand-alone public safety network. In addition, the FCC's analysis indicates that to build and operate a stand-alone public safety network would be substantially more expensive than a network constructed under the FCC’s recommended incentive-based approach. The study projects $12 to $16 billion in network costs for upgrades and operations within the first 10 years of the network’s existence, while the cost for a stand-alone public safety network over the same 10-year period is projected at $25 billion. Some primary reasons the costs increase exponentially for a stand-alone public safety network are: (1) public safety would not be able to easily leverage commercial resources and technologies associated with the build out of the network, (2) public safety could not capitalize on existing commercial cell sites and towers, and (3) public safety could not gain access to equipment, including portable radios, at commercially competitive prices. Conversely, the FCC's plan for an incentive-based partnership to build the public safety wireless broadband network would establish a public grant funding program to pay for capital and operating expenses and would build in incentives to enable public safety to leverage commercial technologies and resources. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC DOES NOT PROHIBIT STATES FROM COLLECTING DATA: The FCC has granted in part a petition for declaratory ruling filed by the National Association of Regulatory Utility Commissioners (NARUC) regarding State authority to collect data from broadband infrastructure and service providers. It concluded that the Commission has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services. In issuing this declaratory ruling, the FCC expressed no opinion regarding whether the laws of any particular State authorize the State’s public utilities commission or similar agency to require the filing of such data or information. Nor does the FCC address whether any State or group of States should, as a policy matter, engage in broadband data collection efforts that supplement ongoing federal efforts. In its petition, NARUC requested that the Commission “clarify that no FCC-issued order or regulation limits State authority to collect any data from any broadband infrastructure or service provider.” NARUC filed this request against the backdrop of the ongoing national effort to increase the deployment and adoption of broadband services. A critical element of this effort will be improving the quality and usefulness of data regarding broadband infrastructure and services. In particular, as Congress recognized in enacting the Broadband Data Improvement Act (BDIA) in October 2008, improved federal data on broadband deployment and adoption “will assist in the development of broadband technology across all regions of the country.” In enacting the BDIA, Congress recognized that a number of States were attempting to collect broadband-related data. Those efforts, however, typically rely on voluntary submissions from data-holders. This reliance on voluntary submissions has made it difficult, if not impossible, for any given State to obtain comprehensive and reliable information on broadband deployment and adoption within its borders. The record indicates that States accepted a voluntary submission regime in part because of uncertainty as to whether the Commission had preempted State broadband data collection efforts. NARUC filed its petition in order to eliminate this uncertainty. The petition points out that on July 22, 2009, NARUC adopted a resolution urging the Commission to issue a declaratory ruling that it “has not asserted any general preemption of any State actions requiring broadband service providers to submit specific information, at an appropriate level of granularity as determined by the State, on broadband service locations, speeds, prices, technology and infrastructure within the State . . . .” The petition asks that the FCC eliminate ambiguity regarding “the scope of existing State authority” to collect data from broadband infrastructure and service providers. Several parties supported this request. Other parties opposed NARUC’s request, arguing that NARUC’s petition incorrectly assumes both that the States have the authority to mandate the filing of broadband-related data and that it would be good public policy for the States to impose such a mandate. Under Section 1.2 of the Commission’s Rules, the Commission may issue a declaratory ruling either to terminate a controversy or to remove uncertainty. The Commission has broad discretion whether to issue such a ruling. The record reflects widespread uncertainty regarding whether the Commission has preempted the States from mandating the filing of broadband information. The record also makes clear that this uncertainty may impede State efforts to promote broadband deployment and adoption. The question is whether the Commission has exercised its delegated authority to preclude the States from undertaking mandatory broadband information collection efforts. The FCC concluded that the Commission has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services with the States. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC ESTABLISHES EMERGENCY RESPONSE INTEROPERABILITY CENTER: The FCC has established its new Emergency Response Interoperability Center (ERIC) under the Public Safety and Homeland Security Bureau (PSHSB). ERIC’s primary mission is to lead the development of a technical and operational framework that will support and foster nationwide operability and interoperability in wireless broadband communications for America’s first responders. One of the priorities for the FCC in opening this new center will be to establish a broadly representative Public Safety Advisory Board to serve in a central advisory role to the ERIC. In addition to public safety input, ERIC will work closely with industry, commercial providers, manufacturers and standards setting groups to ensure interoperability and operability on the new network. As broadband standards and technology evolve, the ERIC will adopt and implement:

• Technical requirements and procedures for ensuring a nationwide level of interoperability;
• Mechanisms to address operability, roaming, priority access, gateway functions and interfaces, and inter connectivity of public safety broadband wireless networks; and
• Authentication and encryption requirements for common public safety broadband applications and network usage.

To better ensure a comprehensive and coordinated federal effort in the area of public safety broadband communications, the U.S. Department of Homeland Security (DHS) and the National Institute of Standards and Technology (NIST) will be instrumental in the functions of the ERIC. This collaboration will assist with ensuring that interoperability exists from the outset in the construction and operation of the public safety nationwide wireless broadband network in the 700 MHz band. DHS will participate in the areas of public safety outreach and technical assistance, as well as best practices development. NIST will participate in the areas of standards development, verification, testing and validation. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.

FCC SETS COMMENT DATES FOR AMATEUR RADIO PARTICIPATION IN EMERGENCY TESTS: The FCC has set a comment cycle for its proposal to amend the amateur radio service rules with respect to amateur radio operations during government-sponsored emergency preparedness and disaster readiness drills and tests. Specifically, the Commission proposes to amend the rules to provide that, under certain limited conditions, amateur radio operators may transmit messages during emergency and disaster preparedness drills, regardless of whether the operators are employees of entities participating in the drill. Comments in this WP Docket No. 10-72 proceeding are due May 24, and replies are due June 7. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

COMMERCE SEEKS COMMENT ON INTERNET PRIVACY ISSUES: The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the nexus between privacy policy and innovation in the Internet economy. The Department seeks public comment from all Internet stakeholders, including the commercial, academic and civil society sectors, on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy. The Department also seeks to understand whether current privacy laws serve consumer interests and fundamental democratic values. After analyzing the comments responding to this Notice of Inquiry (NOI), the Department intends to issue a report, which will contribute to the Administration's domestic policy and international engagement in the area of Internet privacy. Comments in this Docket No. 100402174-0175-01, RIN 0660-XA12 proceeding are due June 7. Responses to this Notice will assist the Task Force in preparing its report on Privacy and Innovation in the Information Economy. The purpose of this report will be to identify and evaluate privacy policy challenges, and to analyze various approaches to meet those challenges. The Task Force's report may include options and recommendations for general regulatory, legislative, self-regulatory and voluntary steps that will enhance privacy and innovation, though the Task Force does not expect to recommend detailed legislative or regulatory proposals at this point. The Task Force is hopeful that the dialogue launched here and the research conducted will contribute to Administration-wide policy positions and global privacy strategy. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

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

FCC Amends Part 90 Private Radio Rules, Requests Comment On More Changes

In a Second Report and Order in WP Docket 70-100, the FCC has amended its Part 90 Private Land Mobile rules, effective May 5, 2010, to:

• Permit licensees to file applications without frequency coordination for license amendments that only propose to reduce authorized bandwidth while remaining on the original center frequencies, and do not seek other changes in technical parameters. This will simplify and reduce the cost of applications seeking to narrow band their systems to conform to the FCC’s narrowbanding requirements that effect new or modified stations January 1, 2011, and require modification of most existing stations by January 1, 2013.
• Permit licensees to file, without frequency coordination, applications to lower antenna height and/or decrease power.
• Remove the requirement that, for Industrial/Business pool frequencies below 450 MHz, only low power frequencies may be assigned for use by mobile repeaters and associated hand-held units, when separate frequencies are assigned for that purpose.
• Confirm that frequency coordinators may select a frequency associated with an expired license for recommendation to the Commission, but the FCC will not accept applications for the frequency until the frequency becomes available for reassignment, i.e., when the license record is changed from “Active” to “Expired” in the FCC’s database. This will allow applicants to “reserve” channels that are eventually made available to a license cancellation, which may have the unintended effect of benefiting frequency speculators that have plagued the private radio user community; it may also lead to practices such as paying a licensee to request cancellation of a channel that should have been deleted from the license due to non-construction or non-operation in any event.
• Confirm that there are still public interest benefits in allowing multiple licensing of the same facility (i.e., community repeater) and will take no action phase it out at this time.
• Authorize state and location government entities to be licensed on Industrial/Business pool spectrum for use in commercial activities (e.g., operation of utilities, golf courses, etc) but not for public safety operations.
• Authorize government surveying operations to utilize the Industrial/Business Pool itinerant frequencies.
• Since the FCC previously stated that it will no longer issue licenses for station class FB8T (temporary centralized trunking), clarified that existing licenses with this category will be changed to FB2T (private, internal systems) or FB6T (for-profit, private carriers), as appropriate, upon license renewal.
• Confirm that allowing Wireless Medical Telemetry System (WMTS) devices to operate on a secondary basis is not in the public interest because of the risk of unwanted interference that could jeopardize patient safety. The FCC therefore amended Section 95.1111 of the rules to clarify that registration of WMTS devices on those portions of the 1427-1432 MHz band where WMTS operation do not hold primary status is prohibited.

In the Second Further Notice of Proposed Rule Making on this docket, the FCC has asked for comments on the following issues.

WMTS
WMTS operations are licensed by rule, and do not require an FCC license, but must be registered with the American Society of Health Care Engineering of the American Hospital Association (ASHE), the WMTS frequency coordinator, prior to operation. In addition, ASHE and the Part 90 frequency coordinators are required to share with each other information about newly deployed WMTS equipment and Part 90 frequency recommendations. At the FCC’s request, ASHE and the Land Mobile Communications Council (LMCC) formulated a mutually agreeable coordination plan, which was filed with the FCC on August 18, 2004. The WMTS rules don’t explicitly authorize operation on a secondary basis on those portions of the 1427-1432 MHz shared band where non-medical telemetry is primary. However, because of some support to allow secondary operations, the FCC has requested comments on whether it should do so. If so, the FCC wants commenters to explain what particular technical rules would be needed to prevent unwanted interference and ensure patient safety.

“End of Train” Telemetry
The Association of American Railroads (AAR) has asked the FCC to increase the maximum permissible power for end-of-train telemetry devices operating on the frequency pair 452/457.9375 MHz. AAR states that EOT devices must be mounted on the coupling knuckle behind the last car of the train, but transmissions from this location may be blocked by the intervening train cars and can be adversely affected by variable terrain factors. AAR asks that the 2 watt output power limit be increased to 8 watts. The FCC tentatively agrees, but asks for whether a 6 dB increase in power is necessary, or whether EOT devices can operate properly with a smaller increase.

Centralized trunking
Section 90.187 of the FCC rules specifies the manner in which trunking may be accomplished in the PLMR frequency bands below 800 MHz. Currently, a centralized trunking system is subject to monitoring requirements unless the applicant either obtains the written consent of all “affected licensees”, or has obtained exclusive use of its 470-512 MHz band frequencies by achieving an adequate level of loading. At the request of the LMCC, the FCC now proposes to clarify certain provisions of the trunking rules and remove provisions that it believes are unnecessary.
The current rule allows the applicant to choose between alternate methods of determining which incumbents are “affected licensees”: (1) stations with service contours that that are overlapped by a circle with a 70-mile radius from the proposed base station (distance analysis), or (2) stations with service contours that are overlapped by the proposed station’s interference contour (contour analysis). LMCC has asked the FCC to eliminate the distance analysis option and to rely solely on contour analysis, noting that almost all applications for new centralized trunking systems now rely on the contour analysis. The FCC seeks comment on this issue.

The rule currently provides that the contour analysis must be performed only to demonstrate that the proposed systems interference contour does not overlap any incumbent system’s service contour. LMCC argues that the contour analysis for certain proposed stations (6.25 kHz stations with less than 12.5 kHz separation from an adjacent 12.5 kHz or 25 kHz system) should also demonstrate that the proposed system’s service contour will not be overlapped by any affected licensee’s interference contour. The FCC seeks comment on this proposal and on whether new trunked systems with a service contour that is overlapped by any affected licensee’s interference contour should be authorized only on a secondary basis.

LMCC also requests that the rules be amended to provide that a non-centralized trunked station that is coordinated based on a determination that its interference contour does not overlap the service contour of a centralized trunking station shall not be considered an affected licensee with respect to the centralized trunked station in the event of modification of the centralized trunked station, provided that the modification does not extend the centralized trunked station’s interference contour in the direction of the non-centralized trunked station.

Section 90.187 does not discuss how to account for systems that have no permanent base station. The FCC previously stated that frequency coordinators must base their contour calculations for such systems on mobile units operating on the edge of the authorized service area in the direction of the proposed incumbent station, utilizing any propagation curves and de-rating factors adopted by consensus of the coordinators. This method could tend to overstate the mobile-only station’s potential for interference. LMCC now suggests that (1) for systems where the authorized operating area is defined as a radius around geographic coordinates, contour calculations should be based on a mobile unit operating at the geographical coordinates; while (2) systems where the license does not specify geographical coordinates for the authorized operating area (e.g., licenses authorizing operation within a particular county or state) would not be deemed “affected licensees.” The FCC is not persuaded that this represents the optimal solution and seeks comment on the proposals.

470-512 MHz offset channels
In 1997 the FCC directed the certified frequency coordinators to reach a consensus on the applicable coordination procedures for the 12.5 kHz offset channels in the 470-512 MHz band. The consensus is embodied in the procedures for evaluating adjacent channel interference using the criteria of TIA/EIA/TSB-88. The consensus provides that an application will not be certified if an incumbent or the applicant has unacceptable interference of more than five percent reduction of the calculated service area reliability. LMCC requested that this consensus be codified in the rules, but the FCC asks whether it would be preferable to leave the requirement uncodified so that the frequency coordinators may continue to modify the TSB-88 procedures without an amendment of the FCC rules.

Comments on the Second Notice of Proposed Rule Making (NPRM) are due on or before May 14, 2010. Reply comments are due on or before June 1, 2010.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, Richard Rubino, and Gene Maliszewskyj

FCC Proposes Rules For Aviation Safety On Runways

The FCC has adopted a Notice of Proposed Rule Making (NPRM) to promote aviation safety on runways. The proposal would allow better detection and management of maintenance and other vehicles on runways, to help avoid airplane collisions. The Commission seeks comment on additional equipment monitoring and certification issues.

Specifically, the FCC addresses pending issues regarding certain Aviation Service ground station equipment. Primarily, it considers a petition for rulemaking filed by the National Telecommunications and Information Administration (NTIA), and supported by the Federal Aviation Administration (FAA), requesting that the Commission amend Part 87 of the Commission’s Rules to allow use of the frequency 1090 MHz by aeronautical mobility mobile stations for airport surface detection equipment (ASDE-X), commonly referred to as vehicle “squitters.”

The FCC also seeks comment on a proposal by Potomac Aviation Technology Corporation (PATC) to permit remote monitoring of certain automated ground stations during installation and maintenance, without a licensed technician present. Finally, the FCC proposes to codify the terms of a waiver granted to Aviation Data Systems (Aust) Pty Ltd. (ADS) to permit licensing and equipment certification of devices to test aircraft data link systems.

Comments in this WT Docket No. 10-61 proceeding will be due 60 days after publication of the item in the Federal Register, and replies will be due 30 days thereafter.

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

FCC Modifies NSTN License

In an Order of Modification, the FCC has modified the license of National Science and Technology Network, Inc. (NSTN) for Station WPME699 by changing the authorization from FB8 (centralized trunking) to FB6 (decentralized trunking) and decreasing the number of mobile units at the Glendale, California, site to eighty-eight. The FCC took this action pursuant to an earlier order proposing to modify NSTN’s license.

The maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be assigned to other users within forty miles without the consent of the affected licensee(s) or pending applicants. In 1992, Mobile Relay Associates (MRA) filed an application for a new base station at Sierra Peak, Corona, California, and two associated mobile units, operating on frequency pair 472/475.3125 MHz. NSTN filed an informal objection, arguing that the application was coordinated in error, and NSTN already had all the available loading on the channel.

In 1998, while the MRA application was pending, NSTN filed an application to modify its license for Station WPME699 to increase the number of mobile units operating on frequency pair 472/475.3125 MHz from eighty-eight to five thousand, and to employ centralized trunking so that NSTN would no longer have to monitor the channel before transmitting. Station WPME699’s Glendale base station is approximately thirty-seven miles from Sierra Peak. NSTN did not coordinate its application with MRA. NSTN’s application was granted in 1998.

MRA’s 1992 application was granted in 1999 under Call Sign WPPG553. In 2004, MRA requested that NSTN’s license for Station WPME699 be modified, pursuant to Section 316 of the Communications Act, to reduce the mobile count and permit only decentralized trunking, which would require NSTN to monitor the channel before transmitting. MRA asserted that NSTN’s 1998 application was defective because it lacked MRA’s consent, which was required because NSTN proposed to operate co-channel within forty miles of the site requested in MRA’s then-pending 1992 application.

In 2007, the FCC denied MRA’s modification request, and denied MRA’s petition for reconsideration. The Commission reviewed the 1992 coordination certification showing that frequency pair 472/475.3125 MHz was loaded to only eighty-eight mobile units, and concluded that MRA’s 1992 application was indeed properly coordinated. In light of this evidence, the Commission proposed to modify NSTN’s license to permit only decentralized trunking in order to allow MRA to share the channel.

The Memorandum Opinion and Order and Order Proposing Modification was released on January 14, 2010. NSTN did not protest the proposed modification of its license within the requisite thirty-day time frame. Accordingly, NSTN is deemed to have consented to the proposed modification. Based on the record, the FCC concluded that it would be in the public interest to modify NSTN’s license for Station WPME699, Monte Nido, La Crescenta, and Glendale, California, by changing the station class code for frequency 472.3125 MHz at location 3 from FB8 to FB6, and reducing the number of mobile units on frequency 475.3125 MHz at location 8 from five thousand to eighty-eight and changing the station class code from MO8 to MO6.

BloostonLaw contacts: Hal Mordkofsky and Richard Rubino.

Minnesota Football Stadium Gets Antenna Limit Waiver

The FCC has granted a request for waiver of the antenna height limit for certain frequencies designated for low power use. The request was filed by the University of Minnesota — Athletics for a new base station to be located at its football stadium.

The maximum antenna height for low power fixed stations on Group A1 frequencies is twenty-three meters. The University’s application seeks authorization for a new base station atop TCF Bank Stadium, at a height of forty meters, in order to provide effective coverage both inside and outside the stadium. The communications system will support Security, Medical, Parking, Usher, and Stadium Management staff, which serve over sixty thousand spectators and employees on the athletic facility grounds. Because one of the frequency pairs requested in the application is in low power pool Group A1, the University requests a waiver of Section 90.267(b)(2)(ii).

To obtain a waiver of the Commission's Rules, a petitioner must demonstrate either that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case and that grant of the waiver would be in the public interest; or that, in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. The FCC concluded that the University has made the requisite showing for grant of a waiver.

The purpose of the antenna height limit is to reduce the possibility of harmful interference to neighboring licensed operators, and to maximize reuse of low power pool frequencies. The FCC engineering staff has analyzed the University’s application, and concluded that the proposed facility is unlikely to cause harmful interference to other licensees or impede the reuse of the frequency much beyond the University campus.

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

Motorola Seeks Ruling On Low Power Issues

On March 4, 2010, Motorola, Inc. filed a request for interpretation or waiver of Section 90.267 of the FCC’s Rules. Section 90.267 designates certain 450-470 MHz band frequencies for low power use. Motorola seeks a declaratory ruling that low power systems authorized pursuant to Section 90.267 are not subject to the requirement in Section 90.173(i) of the Commission’s Rules of a standard five megahertz separation between paired 450-470 MHz band base and mobile frequencies. It argues that the standard separation applies only to the “primary” frequencies in the band spaced 25 kilohertz apart, and not to “offset” frequencies between them, including the low power frequencies set forth in Section 90.267.

In the event that the rules are interpreted to require the standard five megahertz separation for low power frequencies, Motorola requests a blanket waiver of that requirement with respect to applications for low power operations that are submitted pursuant to Section 90.267. Motorola argues that a waiver would serve the public interest by promoting more effective utilization of spectrum, because it would facilitate the deployment of low power repeaters with non-standard separation to avoid the occurrence of intermodulation interference when multiple repeater cells are used within close proximity.

Commenters are requested to address the merits of the request. With respect to the waiver request, commenters should consider whether any conditions should be placed on operations with non-standard separation pursuant to a waiver, such as limitations on power or antenna height, or a restriction to indoor use.

Comments may be filed in this proceeding no later than May 4, 2010. All filings should reference WT Docket No. 10-74.

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

AAA Certified To Coordinate B/ILT Pool Frequencies

The FCC has certified AAA (formerly the American Automobile Association) to coordinate applications for 800 and 900 MHz Business/Industrial/Land Transportation (B/ILT) Pool channels.

In 1986, the FCC certified frequency coordinators in the private land mobile radio services. At this time, AAA was certified to coordinate certain frequencies below 512 MHz. In 1997, the Commission determined that the Industrial/Business Pool below 512 MHz would be administered by multiple coordinators, thus ending exclusive frequency coordination on certain frequencies and allowing competition to be introduced into the coordination process in those frequencies. The Wireless Telecommunications Bureau (WTB) subsequently introduced competitive coordination to the 800 MHz and 900 MHz bands.

In 2009, AAA requested certification to provide frequency coordination for B/ILT Pool frequencies in the 806-816/851-861 MHz and 896-901/935-940 MHz bands. Noting that the Commission found it qualified to be certified for the Industrial/Business Pool below 512 MHz, AAA stated that it is qualified, and meets the criteria to be certified, to coordinate applications for the 800/900 MHz B/ILT Pool. AAA stated that granting its request would be in the public interest and consistent with the Commission’s statements in support of competition.

The WTB sought comment on AAA’s request on January 5, 2010. Three comments and one reply were received, mostly in support of the request. The FCC has reviewed the record, and hereby certifies AAA to coordinate Business/Industrial/Land Transportation Pool frequencies in the 806-816/851-861 MHz and 896-901/935-940 MHz bands.

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

FCC Proposes Tough New Performance Requirements For 2.3 GHz WCS Band

The FCC has asked for comment on revising the performance requirements for the 2.3 GHz Wireless Communications Service (WCS) band. The Commission is seeking comment on possible revision of the performance requirements (also known as buildout or construction requirements) for the 2.3 GHz WCS band to ensure that that the spectrum is used intensively in the public interest. Comments in this WTB Docket No. 07-293 proceeding are due April 21, and replies are due May 3.

The proposed adoption of tough new buildout requirements on WCS, years after the licenses were sold at auction, could be a sign of things to come for all auction licensees.

The current construction requirement for all spectrum blocks in the 2.3 GHz WCS band is a substantial service showing at the end of the license term. The Commission seeks comment on whether, if it alters the technical rules for this band, it should also revise the substantial service performance requirements. In order to aid the Commission's consideration of alternative performance requirements for the 2.3 GHz WCS band, the Commission requests that interested parties comment on the following requirements and possible alternatives to the following:

For mobile and point-to-multipoint services, reliable signal coverage to:

• 40% of a license area's population within 30 months; and
• 75% of a license area's population within 60 months.

For point-to-point services, construction and operation of point-to-point links:

• 15 per million persons in a license area within 30 months;
• 30 per million persons in a license area within 60 months; and,
• A minimum payload capacity (megabits/second for a given bandwidth) to ensure that the spectrum is used intensively.

The Commission also seeks comment on whether it should require WCS licensees to fulfill performance requirements for an entire license area and for defined market areas therein. Additionally, comment is sought on various compliance procedures.

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

800 MHz Rebanding Issues

1. The FCC’s Public Safety and Homeland Security Bureau has denied two related requests from Sprint Nextel: (1) a Petition for Reconsideration of the Bureau’s May 15, 2009, decision to grant the City of Billings, Montana a waiver requiring Sprint to reimburse Billings for costs associated with rebanding facilities authorized to Billings under Special Temporary Authorization (STA) WQJM353, and (2) an informal request to stay the parties’ negotiation of this matter pending the Bureau’s assessment of the evidence Sprint has adduced in support of its Petition to Reconsider. Both parties are instructed to proceed with negotiation and mediation as directed by the 800 MHz Transition Administrator (TA).

2. In a Memorandum Opinion and Order, the FCC addresses a specific 800 MHz rebanding issue referred to it for early resolution from a mediation between the City of Alexandria, Virginia and Sprint Nextel that is currently before the 800 MHz Transition Administrator (TA). The TA has requested that the FCC resolve a dispute between the City and Sprint concerning (1) whether Sprint must provide Alexandria’s fire department with “zone doubled” portable and mobile radios during the period that its system is being rebanded, and (2) if so, whether Sprint may satisfy this requirement by providing “loaner” radios that would be returned to Sprint after the City’s system is rebanded. Based on FCC review of the record referred to the Commission by the TA-appointed mediator and the Parties’ Statements of Position, the FCC concludes that the City is entitled to receive zone doubled radios, and that Sprint may fulfill this obligation by providing loaner radios so long as the radios fully support the City’s zone doubling requirements.

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

FCC Proposes Regulatory Fee Changes For FY 2010

The FCC has adopted a Notice of Proposed Rulemaking (NPRM), proposing to collect $335,794,000 in regulatory fees for Fiscal Year (FY) 2010, pursuant to section 9 of the Communications Act. Section 9 regulatory fees are mandated by Congress and are collected to recover the regulatory costs associated with the Commission’s enforcement, policy and rulemaking, user information, and international activities. In this annual regulatory fee proceeding, the FCC retains many of the established methods, policies, and procedures for collecting section 9 regulatory fees adopted by the Commission in prior years.

Consistent with its established practice, it intends to collect these regulatory fees during an August 2010 filing window in order to collect the required amount by the end of the fiscal year. In the FY 2010 regulatory fee assessment, the FCC will use the same section 9 regulatory fee assessment methodology adopted in FY 2009. Most of the services offered by our clients will have the same fee or experience slight reductions from FY 2009. Comments in this MD Docket No. 10-87 proceeding are due May 4, and replies are due May 11.

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

FCC SEEKS COMMENTS ON PROPOSED CHANGES TO “EX PARTE” RULES: The FCC has established a comment cycle on its Notice of Proposed Rulemaking (NPRM) requesting comment on proposed changes to its ex parte rules (see BloostonLaw March Private User Update). The ex parte process allows parties in most Commission proceedings to speak directly (or have written communications) with Commission staff and decision makers, providing a way to have an interactive dialogue that can root out areas of concern, address gaps in understanding, identify weaknesses in the record, discuss alternative approaches, and generally lead to more informed decision-making. Oral ex parte presentations are by their nature inaccessible to people who are not present at the meeting unless the presentations are publicly documented in some way. In this proceeding, the FCC seeks comment on proposals to improve its ex parte and other procedural rules to make the Commission's decision-making processes more open, transparent, and effective. Comments in this GC Docket No. 10-43 proceeding are due May 10, and replies are due June 8. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast.

FCC SEEKS COMMENTS ON PROPOSED CHANGES TO PROCEDURAL RULES: In conjunction with the Ex Parte NPRM above, the FCC has set comment dates for its companion Notice of Proposed Rulemaking on proposed revisions to the Commission's procedural rules and organizational rules (see BloostonLaw March Private User Update). The proposals are intended to increase efficiency and modernize FCC procedures, enhance the openness and transparency of Commission proceedings, and clarify certain procedural rules. The FCC seeks comment on the proposed rule language, as well as the other proposals contained in this document. Comments in this GC Docket No. 10-44 proceeding are due May 10, and replies are due June 8. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast.

NEWS FLASH — SATELLITE FAILURES

• 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

DON’T WAIT FOR THE NEXT SATELLITE OUTAGE

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

For inquires please call or e-mail Stephan Suker at 800-696-6474 or steves@cvcpaging.com

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

PDT3000 Paging Data Terminal

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

Paging Controlled Moving Message LED Displays

• Variety of sizes Indoor/outdoor
• Integrated paging receiver

PDR3000/PSR3000 Paging Data Receivers

• Highly programmable, off-air decoders Message Logging & remote control Multiple I/O combinations and capabilities
• Network monitoring and alarm reporting

Specialized Paging Solutions

• Emergency Mass Alerting Remote telemetry switching & control Fire station automation PC interfacing and message management Paging software and customized solutions Message interception, filtering, redirection, printing & logging Cross band repeating, paging coverage infill, store and forward
• Alarm interfaces, satellite linking, IP transmitters, on-site systems

Mobile Data Terminals & Two Way Wireless  Solutions

Contact
Postal Address:	WiPath Communications LLC 4845 Dumbbarton Court Cumming, GA 30040
Street Address:	4845 Dumbbarton Court Cumming, GA 30040
Web site:	www.wipath.com CLICK
E-mail:	info@wipath.com CLICK
Phone:	770-844-6218
Fax:	770-844-6574
WiPath Communications

 SEE WEB FOR COMPLETE LIST:
www.preferredwireless.com/equipment CLICK HERE

Too Much To List • Call or E-Mail

Preferred Wireless Rick McMichael 888-429-4171 rickm@preferredwireless.com CLICK HERE www.preferredwireless.com/equipment OR HERE

Motorola Posts a Profit as Smartphone Sales Pick Up

Produced by Ashley Gross on Thursday, April 29, 2010

After years of dismal sales, Motorola gave investors some good news today. It finally has phones that are attracting consumers again.

Motorola has struggled to find something to replace its once popular phone called the Razr. Last fall, it introduced the Droid to compete with other smartphones like the iPhone and the Blackberry. Motorola said today it sold 2.3 million smartphones, including the Droid, in the first quarter. That was up from 2 million in the fourth quarter. Owen Johnson is one of those buyers. He opted for the Droid over an iPhone.

JOHNSON: I considered the iPhone, yes, it’s one of the things I considered, but I didn’t want to change carriers. I wanted to stay with Verizon, so I ended up using the Droid since it was the next closest thing to it.

That partnership with Verizon has been important to the Droid’s success, since it can be so hard to switch cell phone carriers. Motorola says it swung to a profit of 3 cents a share in the first quarter compared with a loss of 13 cents a share a year ago.

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.

Experts in Paging Infrastructure
Glenayre, Motorola, Unipage, etc.
Excellent Service Contracts
Full Service—Beyond Factory Support
Contracts for Glenayre and other Systems starting at $100
Making systems More Reliable and MORE PROFITABLE for over 28 years.

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

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023
Vaughan Bowden
Telephone: 972-898-1119
Website: www.EasySolutions4You.com CLICK
E-mail: vaughan@easysolutions4you.com

Wireless Communication Solutions

USB Paging Encoder

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

Paging Data Receiver (PDR)

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

Other products

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

Contact

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

Tel: 843-821-6888

Fax: 843-821-6894

E-mail: sales@harktech.com CLICK HERE

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

FCC News: FCC Seeks Comments on Newly Proposed Rules for Amateur Radio Operators and Emergency Drills

In March, the FCC released a Notice of Proposed Rulemaking (NPRM) (Docket #10-72) that proposed to amend the Part 97 rules — specifically 97.113(a)(3) — governing the Amateur Radio Service. The new rules would provide that, under certain limited conditions, Amateur Radio operators may transmit messages during emergency and disaster preparedness drills, regardless of whether the operators are employees of entities participating in the drill. On April 22, a summary of the NPRM was published in the Federal Register and the FCC is seeking comments on it. Comments must be filed on or before May 24, 2010 (30 days after publication in the Federal Register); reply comments must be filed on or before June 7, 2010 (45 days after publication in the Federal Register). Instructions on how to file comments are listed beginning on page 5 of the NPRM.

Subject: Re: Critical Response Systems
From: Brad Dye
Date: April 29, 2010 12:08:53 PM CDT
To: Angel González

Hello Angel,

My responses, [in blue-italics type] to your questions, follow below.

Cordiales Saludos,

Brad Dye
Editor, AAPC Wireless Messaging News
P.O. Box 266
Fairfield, IL 62837 USA
Telephone: 618-599-7869
Mobile phone: 618-599-7869
Skype: braddye
http://www.braddye.com

On Apr 29, 2010, at 11:05 AM, Angel Gonzalez wrote:

From: Angel González angel.gonzalez@skytel.net.ar
Subject: Critical Response Systems
Date: April 29, 2010 11:05:04 AM CDT
To: Brad Dye

Dear Brad,

I’m sorry to bother you that much.

No problem.

I just want to ask you 3 things:

OK

1. If you know a company that may sell a 2-way paging system other than Critical Response Systems? If not, could you give me references on Critical Response Systems please? (I contacted them from your newsletter.)

I highly recommend Critical Response Systems. I believe that ISC Technologies does [supply ReFLEX systems] as well. Maybe GTES too — I don't know.

2. Do you know if there is a company that still makes Glenayre Transmitters and Receivers or the ones that are on the market are all refurbished?

I believe that ISC Technologies manufactures Glenayre paging infrastructure products. They don't advertise in the newsletter.

http://www.4isctech.com/

3. What would be your opinion on implementing 2-way systems right now? How do you see the 2-way business going in the world? Up, or down? Do you see it as a nice opportunity?

I think two-way paging systems (ReFLEX) are wonderful. This technology should be very widely used but it is not. The US market continues to decline — unfortunately. Personal text messaging is very popular all over the world but due to some very bad management decisions by Motorola, Glenayre, and the major service providers, we missed the "window of opportunity" and the cell phone industry took the business away from us. The same can be said about many telemetry-over-ReFLEX applications.

Whether or not it would be a good business opportunity in Argentina I can not answer, although I do know and love Argentina. It is a wonderful place. There are many factors that would influence the success or failure of two-way paging in Argentina.

1. New, innovative applications. (You have some good ideas.)
2. RF Coverage compared to competitive technologies.
3. Cost of new infrastructure.
4. and many more.

If you like you can have my words on your newsletter telling that publicity works not only for contacting Critical Response Systems but Unication also.

Besides the ones I already contacted before and had actual imports like LRS, Raven (which I know was bought recently by American Messaging) and Swissphone which I believe the ResQ and Trios are their best products (very impressive technology).

Thank you for doing business with our advertisers.

Thank you for your time, I'll be at your service for whatever you may need and have my best regards,

You are welcome. I suggest that you sponsor a trip for me to Buenos Aires, and then take me to dinner at "La Estancia" Restaurant so we can discuss this further. ha ha ha

Angel González
Marketing Analyst
SkyTel Argentina
angel.gonzalez@skytel.net.ar

Fijo: (5411) 4597.9071
Móvil: (54911) 6377.3830
Pager: (5411) 4678.0712
Florida 537 Piso 17 (C1005AAK)
Buenos Aires, Argentina
www.skytel.com.ar

Reference: La Estancia Restaurant

“So then, while we have opportunity, let us do good to all people, and especially to those who are of the household of the faith.”

Galatians 6:10 (NASB)