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AAPC Wireless Messaging News

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FRIDAY - MAY 7, 2010 - ISSUE NO. 406

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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,

The Paging Information Resource

Have you ever browsed the Reference Section of my web page? It is like a Public Library about paging. There are thousands of files — it has taken me nearly twenty years to collect all of this information. I just added the Golay specification this week. A friend asked for it, and I already had a paper-copy of the spec. in a "pending" folder—so I scanned it and put it on the web for all to see. Here is a sample of just a few of the outstanding articles:

You can access the whole list by clicking on the "Reference" button in any newsletter or on any web page.

Reference Papers

I am always looking for software copies of equipment manuals and other reference materials for the site. Please send me anything that you think might be of interest, and useful to other readers.

Order in the next five minutes and we will double your order. Oops — I guess that doesn't apply here, since this is all free.

Speaking of free . . . hint, hint . . .

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Global Paging Convention
June 16-18
Charleston, South Carolina

Let me emphasize the importance of early registration for the Global Paging Convention. It has been extended to May 28th (instead of May 17th ). Early registration costs you less and it helps AAPC in planning and managing the event.

My plane reservations have been made. Of course, you know that the earlier you make your travel plans, the less it will cost. Even if the price of your ticket should happen to go down before you travel, most of the airlines will automatically give you the better price.

I am really looking forward to this event and I hope to see you there. Can't afford it? I think "can't afford not to" is a better attitude.

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Let me draw your attention to comments from Mr. Edouard Dervichian, of Swissphone Telecom, in the LETTERS TO THE EDITOR section.

Swissphone is an amazing company that manufactures pagers and other telecommunications equipment in Switzerland. The Swiss are famous for their watches, but you should see this factory! Their products are extremely well built, just like the watches. When I first visited them, many years ago, I was really impressed at the cleanliness and order of their factory. It is in Samstagern, near Zurich — one of my favorite cities. I went there once with Bob Webb, the founder of BBL Industries. They had a US flag out front, welcoming us to their headquarters. We stayed in a wonderful little European-style hotel where you leave your shoes outside the door to your room, and the next morning you find them shined.

Mr. Helmut Köchler [the founder of Swissphone] stepped down as CEO of Swissphone Telecom AG at the end of February 2010. Swissphone has appointed Helmut Adamski as new CEO, and he took up his new role on 1 March 2010. Helmut Köchler will continue to support Swissphone Telecom AG as Chairman of the Board of Directors. [source]

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Since it is a matter of public record, I have included a copy of the AAPC's comments to the FCC on their Notice of Proposed Rulemaking (NPRM).

The American Association of Paging Carriers respectfully urges the Commission to maintain the CMRS Messaging fee at $0.08 per unit.

If you are in the US paging business, you need to "get on the bandwagon" and support the AAPC with your membership and your active participation. This is a good example of how they work to promote and further the interests of all US paging carriers.

If you would like to join the AAPC, here is the membership application.

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Congratulations to Jon Word, Scott Forsythe, and the folks of Contact Wireless in Albuquerque, on their deployment of water-saving telemetry in New Mexico. Way to go!

It looks like VoxPro over in Ireland is also doing well. See the news about them this week.

Oh yes . . . I couldn't resist. A photo of my first tomato this year follows.

Now on to more news and views.

aapc logo
Wireless Messaging News
  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Telemetry
  • Paging
  • VoIP
  • Wi-Fi
  • WiMAX
  • Location-Based Services
wireless logo medium

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

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

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first tomato

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charleston "The joining together of paging carriers from around the globe was truly a profound experience. For those of us in the U.S. it was like looking into a crystal ball. What we do with that look and the information we gathered will determine the path that we take and ultimately our future." — 2009 Participant
Register today to attend the Global Paging Convention, hosted by the American Association of Paging Carriers (AAPC) and the European Mobile Messaging Association (EMMA), June 16-18 at The Mills House Hotel in Charleston, SC. If you would like to join AAPC, here is the membership application.hotel
Educational Sessions include:
  • Healthcare telecommunications experts and first responders detailing what they like, want, and need from our technology
  • Manufacturer's panel detailing the latest improvements and upgrades to personal communication devices
  • Updates on new markets and products that have been successful in increasing the bottom line for paging companies
  • Review of competing and/or complementing products that are marketed to the healthcare industry
aircraft carrier One of the East Coast's most picturesque cities, Charleston is known for its antebellum row homes, its Civil War history, beautiful waterfront, nearby beaches, and scrumptious Low Country cooking. In addition to the abundant sites to see, shopping, nightlife, and dining opportunities fill downtown, making this old city pulse with an energy that appeals to an international audience. rainbow row
Thanks to our confirmed participating vendors and sponsors!
Want on this list? Click here for the Vendor Opportunities.
aapc American Messaging
Daniel's Electronics
Hark Systems
Indiana Paging Network
MultiTone Electronics
Northeast Paging & UCOM Paging
Page Plus
Prism Systems International
SelectPath—Contact Wireless
Teletouch Paging
VoxPro Communications

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

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Advertiser Index

AAPC—American Association of Paging Carriers Preferred Wireless
CVC Paging Prism Paging
Daviscomms USA Ron Mercer
Easy Solutions UCOM Paging
Hark Technologies Unication USA
HMCE, Inc. United Communications Corp.
Northeast Paging WiPath Communications
Paging & Wireless Network Planners LLC  

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Water Savings 1 Phone Call Away

By Rosalie Rayburn
Copyright © 2010 Albuquerque Journal
Journal Staff Writer

Saturday, May 01, 2010

When it's raining, you turn off the sprinklers, right?

Sounds simple, but when you're talking about irrigation systems that water hundreds of acres of land at parks throughout the city, it's a little more complicated.

Thanks to a $12,000 locally made controller system that relies on once-popular pager technology, city Parks, Recreation and Community Services Department employees can switch off watering at part or all of the 313 acres of city park space with a simple phone call.

The system played a major role in helping the Parks Department cut water use at city parks by 19 percent, or 25,328 gallons, in 2009, compared to the previous year. That allowed the department to reduce its water budget by $140,000.

"That's a good return on the investment," Department Director Jay Hart said.

Rio Rancho bought the system from Contact Wireless in Albuquerque, which developed the technology with funding from a grant from Gov. Richardson's Water Innovation Fund.

Contact Wireless president Jon Word said he has sold systems to the Albuquerque International Sunport, the University of New Mexico and now Rio Rancho.

"It's kind of a local success story," Word said.

The system Rio Rancho bought consists of about 55 Hydro Pro 1000 units, which can be programmed to switch sprinklers off when they receive a pager signal. Money to buy the system came from discretionary funds provided by city councilors Steve Shaw, Kathy Colley and the late District 3 Councilor Delma Petrullo.

The Parks Department's water conservation effort included re-landscaping high water use park areas, careful monitoring of watering schedules and a green-waste recycling partnership with Sandoval County.

Through a cooperative agreement with the county, the Parks Department employees transport waste such as grass cuttings and tree clippings to a processing plant at the county landfill, where it is turned into compost.

County workers return the compost to the city, where Parks Department employees spread it as top dressing to improve water retention at city parks.

The partnership provides savings by eliminating the cost of disposal and the cost of buying compost for the parks, Hart said.

Source: Albuquerque Journal, Saturday, May 01, 2010 issue

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Irish firm to create 160 new jobs in Cork

The Irish Times — Saturday, April 17, 2010

SOME 160 new graduate-level jobs have been announced by Irish business process outsourcing firm VoxPro.

The jobs, which will be created by the end of the year, will be based at the company’s centre in Blackrock, Co. Cork.

The announcement comes on the back of a number of large contracts won by VoxPro. The company will nearly treble its workforce as a result of the new jobs.

The announcement is the second major jobs boost for the Co Cork region this week.

Abtran, another business services provider, announced on Monday it was to create 300 new jobs at its customer service and support call centre outside Cork city by 2012.

VoxPro’s managing director Dan Kiely said yesterday the company has been strongly focused on growing its international business, and the majority of the new contracts it won were in the US and Britain.

Taoiseach Brian Cowen yesterday praised the initiative shown by VoxPro. At the official announcement of the jobs expansion, he said it provided an example of how indigenous industry could help stimulate economic recovery.

Mr Cowen said Ireland’s future economic prosperity would be export-led, and companies such as VoxPro were leading the way by developing its international business.

“VoxPro is a strong example of a successful locally-trading service company which, with a focus on innovation and the clever use of technology, has managed to extend its business outside Ireland.

“Here’s a company with good capable people at the helm that’s going to increase its turnover by 60 per cent this year over last year — it’s going to increase its number of jobs from 80 to getting another 160 jobs over the next 12 months by going out there and doing business.”

VoxPro specialises in customer service, technical support, appointment management, back-office processing and telemarketing.

The company was founded in 1983, and was bought out by Dan Kiely and Linda Green in 1995.


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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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pat merkel ad left arrow Click to e-mail left arrow Paging Web Site
Joshua's Mission left arrow Helping Wounded Marines Homepage
Joshua's Mission left arrow Joshua's Mission Press Release

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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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In the Matter of ) 
Assessment and Collection of Regulatory Fees) MD Docket No. 10-87
for Fiscal Year 2010) 
To:spacerThe Commission, en banc  


spacer THE AMERICAN ASSOCIATION OF PAGING CARRIERS (AAPC), by its attorney, respectfully submits its comments to the Federal Communications Commission in the captioned proceeding, in response to the Notice of Proposed Rulemaking (the “NPRM”), FCC 10-51, released April 13, 2010 and published at 75 Fed. Reg. 21536 (April 26, 2010). In summary, AAPC fully agrees with the NPRM that retaining the previous fee of $0.08 per unit for CMRS Messaging Service, as proposed in ¶9 thereof, is appropriate under the prevailing circumstances applicable to the paging industry.

spacer As its comments in response to the NPRM, AAPC respectfully states:

spacer In this proceeding the Commission seeks to establish the schedule of regulatory fees for FY 2010 so as to recover a minimum of $335,794,000 as mandated by Congress. (NPRM at ¶1). Despite having initiated in 2008 what was said to be a comprehensive review of the regulatory fee framework,1 the NPRM only proposes a fee schedule for 2010 without adopting any new methodology for calculating regulatory fees. (NPRM at ¶2). Instead, using essentially the same outmoded methodology as previously, the Commission proposes to maintain the CMRS Messaging fee at $0.08 per unit, the level initially established for FY 2002, (NPRM at ¶9). The Commission requests comments on the NPRM’s proposal. Id.

spacer AAPC is the national trade association representing the interests of paging carriers throughout the United States. AAPC’s members include paging operators with nationwide licenses issued under Parts 22, 24 and 90 of the Commission’s rules; a representative cross-section of operators of regional and local paging systems licensed by the Commission; as well as equipment suppliers and other vendors to the carrier industry. Paging services are classified as CMRS Messaging services for purposes of the Commission’s schedule of regulatory fees; thus, the issues raised in ¶9 of the NPRM directly affect AAPC’s members.

spacer With respect to the proposal to maintain the CMRS Messaging fee at $0.08 per unit, AAPC agrees with the NPRM that holding the line at previous levels is the minimum appropriate action the Commission should take under the principles set forth in Section 9 of the Communications Act, 47 U.S.C. §159.2 In FY 2002, when the Commission increased the CMRS Messaging fee from $0.05 per unit to $0.08 per unit over the objection of the paging industry, Commissioner Copps pointed out in his concurring statement:

[T]he Commission does not address when or how it would adjust regulatory fees to take into account changes to the cost of regulating various services. The paging industry argues that it faces a 60 percent per unit increase in regulatory fees this year due to a declining subscriber base, notwithstanding reduced regulatory resources devoted to paging. Today’s order . . . fails to address the underlying concern about revisions to the Commission’s methodology. I take some comfort, however, that the Commission plans to have in place a new accounting system in the near future . . . .3

spacer In 2003 the Commission decided to maintain the CMRS Messaging fee at the FY 2002 level based on “unique circumstances” applicable to the paging industry,4 noting that “The Commission is completing design work on a new cost accounting system. As part of this process, we are evaluating methodologies for capturing data relevant to the regulatory fee setting process.”5

spacer To date, despite having initiated in 2008 the long overdue review of its regulatory fee methodology, the Commission still has not altered in any substantial way its methodology for making annual revisions to the regulatory fee schedule. Nonetheless, the “unique circumstances” applicable to the paging industry in 2003 still prevail. Under these circumstances, absent the Commission determining whether the fee for the paging industry properly should be reduced, as the industry believes it should, AAPC agrees with the position set forth in ¶9 of the NPRM and respectfully submits that maintaining the fee at the existing level is the minimum reasonable and appropriate action the Commission should take again this year.

spacer Accordingly, for the reasons stated above, the American Association of Paging Carriers respectfully urges the Commission to maintain the CMRS Messaging fee at $0.08 per unit, as proposed in ¶9 of the NPRM.

  Respectfully submitted,
  By: s/Kenneth E. Hardman                           
   Kenneth E. Hardman
   Its Attorney

Kenneth E. Hardman
Attorney At Law
2154 Wisconsin Avenue, NW, Suite 250
Washington, DC 20007-2280
Telephone: (202) 223-3772
Facsimile: (202) 315-3587

May 4, 2010

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1 Assessment and Collection of Regulatory Fees for Fiscal 2008 (Further Notice of Proposed Rulemaking), MD Docket No. 08-65, FCC 08-182, released August 8, 2008 and published at 73 Fed. Reg. 50285 (August 26, 2008).

2 Section 9(b)(1) requires the Commission to “determin[e] the full-time equivalent number of employees performing [fee-recoverable] activities . . . , adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities”.

3 Assessment and Collection of Regulatory Fees for Fiscal Year 2002 (Report and Order), 17 FCC Rcd 13202 (FCC 2002) (concurring statement of Commissioner Copps).

4 Assessment and Collection of Regulatory Fees for Fiscal Year 2003 (Report and Order), 18 FCC Rcd 15985, 15992 at ¶¶21-22 (FCC 2003).

5 Id. at ¶21 & n. 31.

Source: AAPC

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  • VoIP telephone access — eliminate interconnect expense
  • Call from anywhere — Prism SIP Gateway allows calls from PSTN and PBX
  • All the Features for Paging, Voicemail, Text-to-Pager, Wireless and DECT phones
  • Prism Inet, the new IP interface for TAP, TNPP, SNPP, SMTP — Industry standard message input
  • Direct Connect to NurseCall, Assisted Living, Aged Care, Remote Monitoring, Access Control Systems

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

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  • Programming/Charging Base
  • Secondary Features Supporting Public Safety and Healthcare

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FCC's broadband reclassification: What's next?

by Grant Gross, IDG News Service
May 6, 2010 4:21

The U.S. Federal Communications will move quickly to claim some regulatory authority over broadband after Chairman Julius Genachowski announced the agency would reclassify broadband as a regulated service.

The FCC will vote on an item to start the process of reclassifying broadband transmission as a regulated, common-carrier service in the next month or so, Bruce Liang Gottlieb chief counsel to Genachowski said Thursday.

The FCC announced Wednesday that it would move to reclassify broadband from a largely unregulated information service to a regulated common-carrier service in response to an appeals court decision in April. The court ruled that the agency does not have the authority to enforce informal network neutrality rules in a case involving Comcast’s throttling of peer-to-peer traffic.

Under Genachowski’s plan, the FCC would move to reclassify broadband as a regulated service under Title II of the Communications Act, but the agency would also move to exempt most broadband service from new regulations. The moves would be designed to reassert the limited authority the FCC thought it had before the Comcast decision by the U.S. Court of Appeals for the District of Columbia Circuit, Gottlieb said during a briefing with reporters.

“This is … not a series of decisions and proposals that is meant to change policies,” he said. “Quite the opposite. It’s meant to create a solid foundation for a consensus around the agency’s role and authority with respect to broadband.”

The first step for the FCC will be to vote on a notice of inquiry asking the public for its input on the proper classification of broadband transport services, Gottlieb said. In a notice of inquiry, or NOI, the FCC asks the public to generate ideas about a topic.

The FCC would then issue a notice of forbearance to clarify what Title II regulations it does not intend to apply to broadband, he said.

The FCC would not issue a notice of proposed rulemaking in this case, because the reclassification of broadband isn’t a typical rulemaking proceeding, Gottlieb said. Instead, after the NOI, the FCC would issue a declaratory ruling if it decides to reclassify broadband, he said.

Some critics have questioned whether later incarnations of the FCC would honor the forbearance actions passed by this FCC. Congress gave the FCC the ability to forbear some regulations 17 years ago, noted FCC General Counsel Austin Schlick.

“We have never gone back on forbearance,” he said.

The legal authority for reclassifying broadband as a Title II service rests in a 2005 case that went to the U.S. Supreme Court, Schlick said. In the so-called Brand X case, a 6-3 majority of the Supreme Court affirmed the FCC’s decision at the time to classify cable broadband as an unregulated information service, and the majority of justices said they needed to defer to the FCC’s decision in the highly technical area.

Three dissenting justices in the case argued that broadband transmission service should be classified separately from Internet content services and that’s what the FCC is attempting to do now, Schlick said. The FCC’s proposal is a “reasonable” approach to separate the classification of broadband transport from broadband content, he said.

Several telecom experts disagreed. The FCC’s decision could slow innovation and investment in broadband networks, said Tom Tauke, vice president of public affairs and policy at Verizon Communications. Broadband was excluded from Title II regulations in the Telecommunications Act of 1996, he said.

“Those regulations were designed for different services delivered by different networks in different times,” Tauke added in a statement. “We believe that the chairman’s stated approach is legally unsupported. The regulatory and judicial proceedings that will ensue can only bring confusion and delay to the important work of continuing to build the nation’s broadband future.”

However, 13 Internet companies, including Google, and eBay, praised the move to reclassify broadband in a letter sent to Genachowski.

“We applaud the middle ground approach that you have proposed,” the letter said. “We share your belief that this course will create a legally sound, light-touch regulatory framework that benefits consumers, technology companies, and broadband Internet access providers.”

The Genachowski proposal will ensure an open Internet with net neutrality rules, the companies said. “It does so without regulating the Internet but only applying basic rules of the road to the transmission services that provide access to the Internet,” the letter said.

Source: Macworld

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Investor Relations - Press Release

USA Mobility Reports First Quarter Operating Results; Board Declares Quarterly Cash Distribution

Subscriber and Revenue Trends Improve; Operating Expenses Again Reduced; Cash Flow Margins Maintained

SPRINGFIELD, Va., May 05, 2010 (BUSINESS WIRE) — USA Mobility, Inc. (Nasdaq: USMO), a leading provider of wireless messaging and communications services, today announced operating results for the first quarter ended March 31, 2010.

In addition, the Company's Board of Directors declared a regular quarterly cash distribution of $0.25 per share, payable on June 25, 2010 to stockholders of record on May 20, 2010. Of the $0.25 cash distribution, the Company expects $0.23 will be a return of capital and $0.02 will be a dividend distribution.

Total revenue for the first quarter was $62.8 million, compared to $65.4 million in the fourth quarter of 2009 and $79.7 million in the year-earlier quarter. First quarter EBITDA (earnings before interest, taxes, depreciation, amortization and accretion) totaled $22.0 million, compared to $21.0 million in the fourth quarter and $28.6 million in the first quarter of 2009.

Net income for the first quarter was $8.9 million, or $0.39 per fully diluted share, compared to $10.0 million, or $0.43 per fully diluted share, in the year-earlier quarter.

First quarter results included:

  • Net unit loss was 83,000 in the first quarter, compared to 115,000 in the prior quarter and 208,000 in the first quarter of 2009. Units in service totaled 2,099,000 at March 31, 2010, compared to 2,607,000 a year earlier.
  • The quarterly rate of subscriber loss improved to 3.8 percent, compared to 5.0 percent in the fourth quarter and 7.4 percent in the first quarter of 2009. The annual rate of subscriber erosion was 19.5 percent in the first quarter, compared to 22.5 percent in the fourth quarter and 21.8 percent in the year-earlier quarter.
  • The quarterly rate of revenue erosion improved to 4.0 percent, compared to 5.9 percent in the fourth quarter and 5.4 percent in the first quarter of 2009. The annual rate of revenue erosion for the first quarter was 21.2 percent, compared to 22.4 percent in the fourth quarter and 15.9 percent in the year-earlier quarter.
  • Total paging ARPU (average revenue per unit) increased to $9.00 in the first quarter from $8.88 in the fourth quarter and $8.86 in the year-earlier quarter. Quarterly ARPU reached its highest level since the third quarter of 2005.
  • Operating expenses (excluding depreciation, amortization and accretion) totaled $40.8 million in the first quarter, a reduction of $10.2 million, or 20.0 percent, from $51.1 million in the first quarter of 2009. Quarterly operating expenses declined 7.9 percent from the fourth quarter of 2009.
  • EBITDA margin (or EBITDA as a percentage of revenue) was 35.0 percent, compared to 32.2 percent in the fourth quarter of 2009 and 35.9 percent in the year-earlier quarter.
  • Capital expenses were $1.7 million, compared to $5.0 million in the fourth quarter of 2009.
  • The Company repurchased 364,407 shares of common stock during the quarter under its buy back program, and approximately $20.4 million remains available for purchases under the currently approved plan.
  • The Company's cash balance at March 31, 2010 was $115.6 million.

Vincent D. Kelly, president and chief executive officer, said: "Despite a still sluggish economy, USA Mobility reported outstanding operating results for the first quarter that met or exceeded our key performance objectives and were consistent with the financial guidance we provided earlier this year. We were particularly pleased to see significant improvement in the pace of both subscriber and revenue erosion. Through our continued focus on cost reductions and maintaining operating margins we again generated sufficient cash flow to return significant capital to stockholders in the form of cash distributions and share repurchases."

Kelly said the Company continued to focus sales and marketing efforts during the quarter around its core market segments of Healthcare, Government and Large Enterprise. "These core segments represented approximately 86.8 percent of our direct subscriber base and 81.5 percent of our direct paging revenue at the end of the first quarter. Healthcare continued to be our best performing market segment with the highest rate of gross placements and lowest rate of net unit loss as healthcare providers continue to benefit from the reliability of paging for their most critical messaging needs. In fact, our networks today carry the bulk of messaging traffic to hospitals across the country, providing paging service to 44 percent of all U.S. hospitals and 63 percent of major hospitals (those with at least 200 beds)."

Thomas L. Schilling, chief operating officer and chief financial officer, said the Company continued to reduce operating expenses in the first quarter. "Operating expenses (excluding depreciation, amortization and accretion) decreased 20.0 percent from the year-earlier quarter," Schilling noted, "including a 22.2 percent reduction in payroll expense and a 19.1 decline in site rent expense. In addition, operating expenses as a percentage of revenue was 65.0 percent in the first quarter versus 67.8 percent in the prior quarter, while the combination of lower expenses and higher ARPU resulted in an EBITDA margin of 35.0 percent as compared to 32.2 percent in the fourth quarter of 2009."

The Company maintained its previous financial guidance for 2010 of revenues between $228 million to $238 million, operating expenses (excluding depreciation, amortization and accretion) between $158 million to $163 million, and capital expenses between $10 million to $12 million.

Source: USA Mobility left arrow Financial tables and more details available at the source.

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make your minitor II like new again


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BloostonLaw Telecom Update

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

[Portions reproduced here with the firm's permission.]

   Vol. 13, No. 19 May 5, 2010   

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FCC Announces Tentative Agenda For May 20 Open Meeting

The following items are tentatively scheduled to be on the agenda for the next FCC open meeting on Thursday, May 20, 2010:

Mobile Wireless Competition Report: The 14th edition of the Mobile Wireless Competition Report, analyzing the state of competition in the mobile industry by expanding upon previous FCC inquiries and considering the broader mobile wireless ecosystem.

WCS-SDARS Report and Order: A Report and Order that enables mobile broadband use of 25 MHz of spectrum in the 2.3 GHz Wireless Communications Service (WCS) band while protecting neighboring incumbent operations.

E-Rate NPRM: A Notice of Proposed Rulemaking initiating reforms to the E-Rate program to make broadband more accessible in schools and libraries, and to cut red tape.

Pole Attachments Order and FNPRM: An Order and Further Notice of Proposed Rulemaking to implement the National Broadband Plan recommendations to foster competition and broadband deployment by ensuring nondiscriminatory, just, and reasonable access to utility poles.

Local Number Portability Report and Order: A Report and Order standardizing the processes for transferring telephone numbers in one business day to ensure the benefits of competition for consumers.

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

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  • USF Reform NOI expects to implement CAF model.
  • FCC seeks comment on NECA’s interstate TRS formulas.
  • FCC releases first-ever study addressing accessibility and technology issues.
  • FCC confirms Internet access providers do not have to contribute to USF based on end user revenues.

USF Reform NOI Expects To Implement CAF Model

As noted previously, the FCC adopted a Universal Service Notice of Inquiry (NOI) and Notice of Proposed Rulemaking (NPRM) at its April 21 open meeting. The NPRM, which we covered last week, focuses on specific reforms to cap growth (BloostonLaw Telecom Update, April 28). The NOI, which we focus on here, seeks comment 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. We will be drafting comments on both the NOI and NPRM, and soliciting input from clients in the near future.

The NOI is based on the National Broadband Plan (NBP) recommendation that the Commission direct public investment toward meeting an initial national broadband availability target of 4 Mbps of actual download speed and 1 Mbps of actual upload speed. The NBP estimated that 14 million people living in 7 million housing units in the United States currently do not have access to terrestrial broadband infrastructure capable of meeting this target, described as “the broadband availability gap.”

The National Broadband Plan states that the Commission’s “long range goal should be to replace all the legacy High-Cost programs with a new program that preserves the connectivity that Americans have today and advances universal broadband in the 21st century.” Specifically, the NBP recommends that the Commission create a new Connect America Fund (CAF), and that the CAF should adhere to the following principles:

(1) The CAF should only provide funding in geographic areas where there is no private sector business case to provide broadband and high-quality voice-grade service;

(2) There should be at most one subsidized provider of broadband per geographic area;

(3) The eligibility criteria for obtaining broadband support from CAF should be company- and technology-agnostic so long as the service provided meets the specifications set by the FCC;

(4) The FCC should identify ways to drive funding to efficient levels, including market-based mechanisms where appropriate, to determine the firms that will receive CAF support and the amount of support they will receive; and

(5) Recipients of CAF support must be accountable for its use and subject to enforceable timelines for achieving universal access.

In addition, the National Broadband Plan recommends that the Commission “create a fast-track program in CAF for providers to receive targeted funding for new broadband construction in unserved areas,” and create a Mobility Fund “to provide one-time support for deployment of 3G networks, to bring all states to a minimum level of 3G (or better) mobile service availability.”

In general, the NOI requests input on ways to deploy the NBP-recommended model and addresses such issues as the following:

  • The FCC seeks comment on whether it should use the NBP as a starting point for a cost model or, alternatively, a cost/revenue model.
  • The FCC seeks comment on whether it should develop a nationwide broadband model to estimate support levels for the provision of broadband and voice service in areas that are currently served by broadband with the aid of legacy high-cost support, as well as areas that are unserved.
  • Although the FCC does not overtly state that it would use either a market-based mechanism or reverse auctions, it seeks comment on properly designing a tool that would help identify the provider that will serve the area at the lowest cost.
  • The FCC seeks comment on what geographic area it should use in calculating the cost of deploying a network and providing services, and on whether the Commission should use neutral geographic units, as recommended in the National Broadband Plan.
  • The FCC seeks comment on the best way to create an accelerated process to distribute funding to support new deployment of broadband-capable networks in unserved areas during the period the FCC is considering final rules to implement fully the new CAF funding mechanism. In particular, the FCC seeks comment on whether there is an efficient method for delivering a set amount of support, which does not require the use of a model.

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 SEEKS COMMENT ON NECA’s INTERSTATE TRS FORMULAS: The FCC has asked for comment on the National Exchange Carrier Association’s (NECA’s) annual payment formulas and funding requirement estimates for the Interstate Telecommunications Relay Service (TRS) Fund for the period of July 1, 2010, through June 30, 2011. The FCC seeks comment on NECA’s proposed compensation rates for Interstate TRS, Speech-to-Speech Services (STS), Captioned Telephone Services (CTS), Internet Protocol (IP) CTS, IP Relay, and Video Relay Services (VRS), for the 2010-2011 Fund year, as well as on NECA’s proposals for the carrier contribution factor and funding requirement. With respect to VRS, the FCC is seeking comment on whether the Commission should adopt NECA’s proposed rates for the 2010-2011 Fund year based on the 2009 average actual historical cost data submitted to NECA by VRS providers.

In this regard, the FCC also seeks to refresh the record on the Notice of Proposed Rulemaking (NPRM) portion of the 2009 PN and NPRM, which sought comment on whether VRS tiered rates should be recalculated based on data reflecting the actual costs of providing VRS. In the past, the Commission has relied on projected costs to determine the compensation rate. In the 2010 TRS Rate Filing, NECA presents various alternative calculations for determining an interim VRS rate for the 2010-2011 Fund year. As with the VRS rates established in the 2007 TRS Rate Methodology Order, NECA proposes sets of tiered rates: Tier I includes monthly minutes up to 50,000; Tier II includes monthly minutes between 50,001 and 500,000; and Tier III includes monthly minutes above 500,000. In one of its proposals, on which the FCC particularly seeks comment, NECA then calculates the rate within each tier using weighted averages of VRS providers’ actual historical cost data for 2009, including allowances of 1.6% for cash working capital, 3.2% for growth to the Fund, and $0.0083 per minute for ongoing E911and ten-digit numbering costs. This calculation results in rates of $5.7754 for Tier I, $6.0318 for Tier II, and $3.8963 for Tier III. The Bureau also particularly seeks comment on whether the Commission should adopt 2010-2011 interim Fund Year rates based on NECA’s proposed use of weighted averages in calculating each of the tiers, as described in the 2010 TRS Rate Filing. NECA also proposes per-minute compensation rates for all other forms of TRS based on the rate calculation methodologies established in the 2007 TRS Rate Methodology Order. These calculations result in the following proposed rates: $2.256 for interstate traditional TRS; $3.1566 for STS; $1.6951 for CTS and IP CTS; $1.2985 for IP Relay. Based on these rates, NECA proposes a carrier contribution factor of between 0.00379 and 0.00908, and a funding requirement of between $280.8 and $673.3 million. Comments in this CG Docket No. 03-123 proceeding are due May 14, and replies are due May 21. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC RELEASES FIRST-EVER STUDY ADDRESSING ACCESSIBILITY AND TECHNOLOGY ISSUES FOR THE DISABLED: The FCC has issued the agency’s first-ever working paper addressing accessibility and technology issues. Part of a series of working papers released in conjunction with the National Broadband Plan, the paper considers the numerous barriers to broadband usage faced by people with disabilities, including inaccessible hardware, software, services, and web content and expensive specialized assistive technologies. The paper recognizes the importance of removing barriers to accessibility by promoting industry innovation and building upon ongoing public and private sector collaborative efforts. At the same time, the paper identifies gaps that must be addressed to accelerate the adoption rate by people with disabilities, including: The paper builds upon the three broad recommendations from the National Broadband Plan: (1) the creation of a Broadband Accessibility Working Group (BAWG) within the Executive Branch; (2) the establishment of an Accessibility and Innovation Forum at the FCC; and (3) the modernization of accessibility laws, rules, and related subsidy programs by the FCC, the Department of Justice (DOJ), and Congress. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC CONFIRMS INTERNET ACCESS PROVIDERS DO NOT HAVE TO CONTRIBUTE TO USF BASED ON END USER REVENUES: The FCC has granted in part a request for review, filed by U.S. TelePacific Corp. d/b/a TelePacific Communications, of a decision by the Universal Service Administrative Company (USAC) requiring TelePacific to contribute to the Universal Service Fund (USF) based on revenues from TelePacific’s provision of Internet access service. Based on the Commission’s decision in the 2005 Wireline Broadband Internet Access Services Order, wireline broadband Internet access services are not currently subject to universal service contribution obligations. As such, the FCC directs USAC to accept TelePacific’s re-filled 2008 FCC Form 499-A, in which TelePacific reports its revenue in accordance with the Commission’s precedent on classification of broadband Internet access services. As part of its ongoing effort to protect the integrity of the USF, the FCC said it orders TelePacific to provide to the Chief, Wireline Competition Bureau, a detailed explanation of the methodology by which TelePacific apportions revenues derived from its sale to end users of voice telephony and other services utilizing leased T-1 lines and how it reports such revenues on FCC Form 499-A, within 60 days of the April 30 release date of this order. The FCC further orders TelePacific to provide USAC with the names and contact information of its wholesale providers of transmission services, so that USAC can assure that any contributions owed to the universal service fund are promptly paid. The FCC order thus confirms that providers of broadband Internet access services are not required to contribute to the USF based on their end user revenues. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

“CLOSED” BROADCAST AUCTION 88 FILING DEADLINES: According to the Federal Register, applications to participate in Auction 88 must be filed prior to 6 p.m. Eastern Time (ET) on May 13, 2010. Bidding for construction permits in Auction 88 is scheduled to begin on July 20, 2010. Auction 88 will offer construction permits for 13 commercial full-power FM stations, one commercial FM translator station, and one commercial AM station. This is a “closed” auction, which is limited to mutually exclusive applications already on file—i.e., there is no opportunity for new bidders. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC ASKS JOINT BOARD TO REVIEW LIFELINE, LINK UP PROGRAMS: The FCC has adopted an Order, asking the Federal-State Joint Board on Universal Service to review the Commission’s eligibility, verification, and outreach rules for the Lifeline and Link Up universal service programs, which currently provide discounts on telephone service for low-income customers. Specifically, the FCC asks the Joint Board to recommend any changes to these aspects of the Lifeline and Link Up programs that may be necessary, given significant technological and marketplace changes since the current rules were adopted, based on consideration of: (1) the combination of federal and state rules that govern which customers are eligible to receive discounts through the Lifeline and Link Up programs; (2) best practices among states for effective and efficient verification of customer eligibility, both at initial customer sign-up and periodically thereafter; (3) appropriateness of various outreach and enrollment programs; and (4) the potential expansion of the low-income program to broadband, as recommended in the National Broadband Plan. The FCC requests that the Joint Board prepare a recommended decision regarding these issues and submit its decision to the Commission within six months of the May 4 release date of the order. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

BOUCHER, STEARNS RELEASE DISCUSSION DRAFT OF PRIVACY LEGISLATION: U.S. Reps. Rick Boucher (D-Va.), Chairman of the Subcommittee on Communications, Technology, and the Internet, and Cliff Stearns (R-Fla.), Ranking Member of the Subcommittee, have released a discussion draft of legislation to assure the privacy of information about individuals both on the Internet and offline. The draft measure would protect individuals’ privacy by requiring the following:

Disclosure of privacy practices: Any company that collects personally identifiable information about individuals must conspicuously display a clearly-written, understandable privacy policy that explains how information about individuals is collected, used and disclosed.

Collection and use of information: As a general rule, companies may collect information about individuals unless an individual affirmatively opts out of that collection. Opt-out consent also applies when a website relies upon services delivered by another party to effectuate a first party transaction, such as the serving of ads on that website. No consent is required to collect and use operational or transactional data — the routine web logs or session cookies that are necessary for the functioning of the website — or to use aggregate data or data that has been rendered anonymous. Companies need an individual’s express opt-in consent to knowingly collect sensitive information about an individual, including information that relates to an individual’s medical records, financial accounts, Social Security number, sexual orientation, government-issued identifiers and precise geographic location information.

Disclosure of information to unaffiliated parties: An individual has a reasonable expectation that a company will not share that person’s information with unrelated third parties. If a company wants to share an individual’s personally-identifiable information with unaffiliated third parties other than for an operational or transactional purpose, the individual must grant affirmative permission for that sharing. Many websites work with third-party advertising networks, which collect information about a person or an IP address from numerous websites, create a profile and target ads based on that profile. As an exception to the general rule requiring opt in consent for third-party information sharing, Opt-out consent would apply to sharing of an individual’s information with a third-party ad network if there is a clear, easy-to-find link to a webpage for the ad network that allows a person to edit his or her profile and, if he chooses, to opt out of having a profile, provided that the ad network does not share the individual’s information with anyone else.

Implementation and enforcement: The Federal Trade Commission would adopt rules to implement and enforce the measure. States may also enforce the FTC’s rules through State attorneys general or State consumer protection agencies. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

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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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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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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

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

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  • Variety of sizes Indoor/outdoor
  • Integrated paging receiver

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  • 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

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Mobile Data Terminals & Two Way Wireless  Solutions

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  • Fleet tracking, messaging, job processing, and field service management Automatic vehicle location (AVL), GPS
  • CDMA, GPRS, ReFLEX, conventional, and trunked radio interfaces

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WiPath Communications LLC
4845 Dumbbarton Court
Cumming, GA 30040
4845 Dumbbarton Court
Cumming, GA 30040
Web site: left arrow CLICK
E-mail: left arrow CLICK
Phone: 770-844-6218
Fax: 770-844-6574
WiPath Communications

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Preferred Wireless

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Terminals & Controllers:
8 Motorola C-Net Platinum Controller - NCU Cards
1 Motorola C-Net Platinum Controller - NCX Cards
2 Motorola C-Net Platinum Controller - CIU Cards
1 Skydata Model 8360 MSK Modulator
8 Skydata Multi Channel Receivers - NEW
2 Gilat Skyway ODU Controller
2 Rad RSD-10
3 Gilat Satellite Transmitter
2 Gilat Skymux Controller
8 Skymux Expansion
2 Gilat Transmitters
2 GL3100 RF Director
30 Zetron Model 66 Controllers
3 Glenayre GL2164 Satellite Receivers
1 Lengren Copper Screen Room, 6'X9'
Link Transmitters:
6 Glenayre GL C2100 Link Repeaters
1 Glenayre QT6994, 150W, 900 MHz Link TX
12 Glenayre QT4201, 25W Midband Link TX
1 Glenayre QT-6201, 100W Midband Link TX
3 Motorola 10W, 900 MHz Link TX (C35JZB6106)
2 Motorola 30W, Midband Link TX (C42JZB6106AC)
VHF Paging Transmitters
8 Motorola Nucleus 125W, NAC
1 Motorola Nucleus 350W, NAC
1 Motorola VHF PURC-5000 125W, ACB or TRC
10 Glenayre GLT8411, 250W, VHF TX
UHF Paging Transmitters:
24 Glenayre UHF GLT5340, 125W, DSP Exciter
3 Motorola PURC-5000 110W, TRC or ACB
3 Motorola PURC-5000 225W, ACB
900 MHz Paging Transmitters:
3 Glenayre GLT 8600, 500W
15 Glenayre GLT-8500, 250W, C2000, w/ or w/o I20
50 Glenayre GLT-8500 DSP Exciters - $600 each
50 Glenayre GLT-8500 PAs - $800 each
50 Glenayre GLT-8500 Power Supplies - $500 each

left arrow CLICK HERE

Too Much To List • Call or E-Mail
Preferred Wireless
Rick McMichael
left arrow CLICK HERE
left arrow OR HERE

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Preferred Wireless

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Apple sells 1 million iPad in 28 days

Posted on May 3, 2010 8:43 am
by Dan Moren

It was exactly a month ago today that the iPad first found its way into customers hands, and already Apple has blithely traipsed past the million sales mark. The auspicious iPad was sold on Friday, just 28 days after its introduction. The company previously sold 300,000 of the Wi-Fi-only iPads in its first day of availability, including pre-orders.

“One million iPads in 28 days—that’s less than half of the 74 days it took to achieve this milestone with iPhone,” said Apple CEO Steve Jobs in a statement. “Demand continues to exceed supply and we’re working hard to get this magical product into the hands of even more customers.”

The original iPhone may be a good barometer for the iPad’s success, though it’s worth noting that subsequent versions such as the iPhone 3G and the iPhone 3GS each hit the same milestone in their first weekend. But the iPad, even more so than the iPhone, is a device in an unproven, entirely novel category, which makes the accomplishment all the more impressive.

Plus, the iPad sales bring with it sales of additional products: iPad users have already downloaded more than 12 million applications and more than 1.5 million e-books from the iBookstore. And the number of iPad-specific apps continues to rise, with Apple’s latest figure topping 5,000.

If nothing else, one million sales would seem to validate the iPad as a product. We’ll have to wait until Apple’s next quarterly results in July to see how it plays out for the company’s bottom line, but until then, have no fear: analysts will no doubt fill that vacuum with endless amounts of speculation.

Source: Macworld

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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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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
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Easy Solutions

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Hark Technologies

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Wireless Communication Solutions

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USB Paging Encoder

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)

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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
  • Eight contact closure version also available
  • Product customization available

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Other products

  • Please see our web site for other products including Internet Messaging Gateways, Unified Messaging Servers, test equipment, and Paging Terminals.
Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: left arrow CLICK HERE

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Hark Technologies

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UCOM Paging

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Satellite Uplink
As Low As

  • Data input speeds up to 38.4 Kbps Dial-in modem access for Admin Extremely reliable & secure
  • Hot standby up link components

Knowledgeable Tech Support 24/7

Contact Alan Carle Now!
1-888-854-2697 x272

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UCOM Paging

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Who Owns All the Data in the Workplace?

Wendi S. Lazar and Lauren E. Schwartzreich
New York Law Journal
April 30, 2010

Ten years ago employees wondered if their employers could look through their purses merely because they brought them to work. Today employees ask whether their employers own all electronic data created, viewed, or stored on their work computers and BlackBerrys.

In New York, private sector employees may have a reasonable expectation of privacy in their work computers, cellular phones, and other electronic devices. In 2001 the 2nd U.S. Circuit Court of Appeals confirmed in Levanthal v. Knapek [FOOTNOTE 1] that an employee may have a reasonable expectation of privacy in the content of her work computer, especially where her employer maintains an unclear technology usage policy. Since Leventhal, employers in the 2nd Circuit have crafted broad and detailed technology policies aimed at draining reasonable expectations of privacy out of employees' work-related technology.

These policies aim to bind employees to notices stating, more or less, that (1) all electronic data created, stored, received, or sent from the employer's electronic device or system (e.g., computer server or third-party wireless service provider), regardless of the purpose for which it is created, is the employer's property; (2) the employee cannot expect such data to remain private; and (3) the employer may monitor and obtain such data at its discretion and without further notice to the employee.

Although employers expect that these policies will permit unfettered access to employees' personal electronic data, courts are increasingly scrutinizing their enforceability. In Pure Power Boot Camp Inc. v. Warrior Fitness Boot Camp, LLC, [FOOTNOTE 2] the court was incredulous of the employer's reliance upon its policy to defend its accessing of an employee's personal Hotmail e-mail account. The court explained, "[i]f [an employee] had left a key to his house on the front desk at [his workplace] one could not reasonably argue that he was giving consent to whoever found the key, to use it to enter his house and rummage through his belongings." [FOOTNOTE 3] It now appears in the 2nd Circuit that employees do not check their privacy at the door to their workplace.


Inconsistent monitoring or enforcement of technology policies against employees may be unlawful. An employer may not selectively enforce a technology policy against an employee who exercises workplace rights, such as engaging in union organizing activities. [FOOTNOTE 4]

Monitoring internet or telephone usage may be unlawful where it is done in response to a complaint of discrimination. For example, in Zakrzewska v. The New School,[FOOTNOTE 5] the court found that an employer's covert monitoring of an employee's personal internet usage after she complained of discrimination could constitute an unlawful retaliatory adverse employment action. Similarly, in Dotson v. City of Syracuse, [FOOTNOTE 6] the court found that an employer's monitoring of an employee's telephone conversations after she had complained of discrimination was "intrusive" and might also constitute unlawful retaliation.


Technology policies do not confer access to employees' personal electronic information stored by cellular providers or on employees' personal online e-mail accounts, restricted-access social networking site profiles, or password-protected blogs. Federal statutes, such as the Electronic Communications Privacy Act, and its subsections the Wiretap Act [FOOTNOTE 7] and the Stored Communications Act, [FOOTNOTE 8] provide criminal and civil penalties against employers who gain unauthorized access to employees' personal electronic communications and data. Employers may pay heavily for assuming that their technology policies shield them from these laws. [FOOTNOTE 9]

Under the Wiretap Act, [FOOTNOTE 10] employers may not intercept employees' personal electronic communications (that are in transmission). While employers may be liable under this act for monitoring employees' telephone calls [FOOTNOTE 11] claims of unlawful interception of e-mails are less likely to succeed under the act due to courts' narrow construction of the "in transmission" provision of the law. [FOOTNOTE 12]

Employers may violate the SCA if they access employees' personal e-mail accounts without permission. In Pure Power Boot Camp, discussed above, the employer maintained a broad computer use policy stating that employees had no right of personal privacy in any matter stored in or created on the company's system, inclusive of personal e-mail accounts accessed on the company's system, and that computer usage was subject to monitoring without additional notice. The employer accessed the employee's personal Hotmail account by using the password he had saved on his computer. [FOOTNOTE 13] The court found that by these actions the employer violated the SCA.

Employers may violate the SCA by accessing employees' otherwise restricted websites, such as password-protected social networking sites, and chat groups. In a case out of New Jersey, Pietrylo v. Hillstone Restaurant Group, [FOOTNOTE 14] a district court recently upheld a jury verdict finding that an employer violated the SCA where it accessed a group of employees' password-protected and invite-only chat forum located on the social networking site, MySpace.

Employers may also violate the SCA by accessing employees' personal text messages via a cellular wireless provider -- even if the employer owns the phone, pays the bills, and maintains the contract with the provider.

In Quon v. Arch Wireless Operating Co., [FOOTNOTE 15] a decision out of the 9th U.S. Circuit Court of Appeals, a wireless provider violated the SCA by providing the employer-city with transcripts of text messages sent to and from the plaintiff-employee's work pager. The employer maintained a technology policy that, it argued, (1) permitted the employer to monitor electronic communications, including pagers, and (2) put the employee on notice that electronic communications via pagers were not confidential and that pagers were not for personal use.

However, the employee's supervisor maintained an informal policy permitting personal use of pagers and also agreed not to monitor the communications if the employee paid all service plan overage fees. After the employee exceeded the service plan on several occasions, and even though the employee paid the overage, the employer asked the wireless provider for transcripts of the employee's text message communications. The wireless provider complied. Subsequently, the employer terminated the employee citing the content of those text messages, and the employee successfully sued both his employer (for violating his Fourth Amendment rights) and the wireless provider (for violating the SCA).

In December 2009, the U.S. Supreme Court denied certiorari to the wireless provider who had appealed the 9th Circuit's decision in Quon, thus confirming that entities like cellular service providers, web-based e-mail providers and social networking sites risk violating the SCA if they disclose the contents of employees' stored communications to their employer.

However, the implications of Quon are still unsettled. On Dec. 14, 2009, the Supreme Court granted certiorari to the city-employer (arguments were heard April 19, 2010). In doing so, the Court may have set the stage for a potential shift in employee privacy rights. The Court's opinion may venture beyond the unique public sector issues raised in the cert petition and touch upon private sector employees' privacy rights. Further, the Court's ruling (or dicta) concerning employee privacy may influence lower courts' analyses of privacy rights in the private sector.

At this juncture, wireless providers will undoubtedly avoid disclosure of text messages to employers without direct authorization from the actual user, recipient, or intended addressee, as required under the SCA. [FOOTNOTE 16] Thus, employers are less likely to obtain the content of employees' personal text messages through a wireless provider. [FOOTNOTE 17]

Similarly, online e-mail providers and social networking sites are unlikely to disclose employees' personal user content to employers due to similar liability. Even where an employer compels an employee to sign a waiver, entities subject to the SCA will likely not disclose protected content. As a result of others' liability under the SCA, employees indirectly receive some protection against disclosure of their stored private electronic communications.


In addition to being protected from unauthorized accessing or selective monitoring of private electronic communications by their employers, as described above, New York employees' communications with counsel may also receive protection from inadvertent disclosure.

While circuits are split over whether employees waive their attorney-client privilege by communicating with counsel or maintaining privileged content on a work computer, [FOOTNOTE 18] the 2nd Circuit would likely find no waiver where communications are via online personal e-mail accounts. [FOOTNOTE 19]

In United States v. Hatfield, [FOOTNOTE 20] the court found no waiver of privilege concerning electronic communications and documents an employee maintained on his work computer. The court noted the absence of direct guidance on this issue from the 2nd Circuit or the New York Court of Appeals and applied a four-factor test well-established within the district courts [FOOTNOTE 21] and added its own fifth factor: (1) whether the employer maintained a policy banning personal computer use; (2) whether the employer monitored employees' use of computers or e-mails; (3) whether third parties had a right to access employees' computers or e-mails; (4) whether the employee was on notice of the use and monitoring policies; and (5) whether disclosure of the privileged information would be consistent with the employer's interpretation of its own policy.

The employer's broad computer use policy was problematic in several respects: it did not expressly prohibit usage for personal legal matters; it did not state that the employer will monitor computer usage; the employer did not actually monitor computer usage; and the employer understood its policy to protect other employees' "privileges." [FOOTNOTE 22]

Notably, the court found it would be "fundamentally unfair to subject [the employee] to the consequences of waiving privilege based on a strict, theoretical interpretation of [the employer's] Computer Usage Policy that was never imagined by [the employer] itself and, in fact, contradicted by [the employer's] own actions ... ." [FOOTNOTE 23]

Most recently, in Stengart v. Loving Care Agency Inc., [FOOTNOTE 24] the New Jersey Supreme Court issued an opinion as yet the most important for employee privacy rights in 2010. The court affirmed an appellate court's ruling that an employer violated its employee's privacy when it accessed the employee's e-mails to and from counsel that were sent and received from a work computer. The court confirmed that while an employer has a right to establish policies and to discipline employees who violate them, a policy that allows an employer to read an employee's attorney-client communication is unenforceable.


Employees and their counsel may find additional privacy protections from existing state statutory and common law. Unfortunately, New York does not recognize invasion of privacy claims. [FOOTNOTE 25] However, New York's labor law does prohibit termination of employees based on recreational activities performed outside the workplace, [FOOTNOTE 26] arguably including online activities like blogging or Twittering.

New York employees may also have claims of false light invasion of privacy (e.g., for online misrepresentations about employees, such as statements made by managers on social networking sites like LinkedIn) or tort claims arising out of workplace cyber-stalking. It may also be possible to bring a tortious interference of contract claim against an employer who requires an employee to disclose her password to her social networking site profile, as this act may violate her social networking site' service agreement [FOOTNOTE 27] or because the policy violates public policy concerns.


The Supreme Court's upcoming decision in Quon will certainly give New York lawyers new parameters for understanding and interpreting private and public sector employees' rights to workplace privacy in the digital age. In the meantime, however, a new set of rules is already re-shaping employees' expectation of privacy and their understanding of what electronic communications are protected.

Wendi S. Lazar is a partner at Outten & Golden and co-chair of the firm's executives and professionals practice group. Lauren E. Schwartzreich is an associate at the firm and co-chair of its Electronic Discovery Committee.


FN1 266 F.3d 64, 74 (2d Cir. 2001).

FN2 587 F.Supp.2d 548 (SDNY 2008).

FN3 Id. at 561.

FN4 See, Guard Publishing Co. v. NLRB, 571 F.3d 53, 60 (D.C. Cir. July 7, 2009); cf. Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2nd Cir. Feb. 19, 2010).

FN5 543 F.Supp.2d 185 (SDNY 2008).

FN6 No. 5:04-CV-1388, 2009 U.S. Dist. LEXIS 62174 (NDNY July 21, 2009).

FN7 18 U.S.C. §2510, et seq. (prohibiting unauthorized interception of communications while in transmission).

FN8 18 U.S.C. §2701, et seq. (prohibiting unauthorized access of stored electronic communications).

FN9 Under the SCA, employees may obtain an award of punitive damages where the violation was intentional, attorneys' fees and costs, and statutory damages with proof of actual damages. See Van Alstyne v. Electronic Scriptorium Ltd., 560 F.3d 199 (4th Cir. 2009).

FN10 See, 18 U.S.C. §2511(1)(a)-(b).

FN11 See, Hay v. Burns Cascade Co. Inc., No. 5:06-CV-0137, 2009 U.S. Dist. LEXIS 12160 (NDNY Feb. 18, 2009).

FN12 See, Konop v. Hawaiin Airlines Inc., 302 F.3d 868, 878-79 (9th Cir. 2002) (employer intercepted messages that were in storage, not while they were in transmission); Steve Jackson Games Inc. v. U.S. Secret Serv., 36 F.3d 457 (5th Cir. 1994) (unopened e-mails on computer were not in transmission); but see United States v. Councilman, 418 F.3d 67, 85 (1st Cir. 2005) (en banc) (e-mails in "transient electronic storage" are intercepted while "in transmission" as defined under the statute).

FN13 The employer further accessed his Gmail and another e-mail account through information (and the password) it obtained through the Hotmail account.

FN14 No. 06-5754, 2009 U.S. Dist. LEXIS 88702 (D. N.J. Sept. 25, 2009).

FN15 529 F.3d 892 (9th Cir. 2008). Rehearing, en banc, denied, 554 F.3d 769 (9th Cir. 2009), cert. granted sub nom. City of Ontario v. Quon, 130 S. Ct. 1011 (Dec. 14, 2009) (hereafter, Quon).

FN16 See, 18 U.S.C. §2702(b)(3).

FN17 Employers may still obtain text messages through physical examination of employees' work cell phones, as the SCA only applies to electronic data stored by a "remote computing service" or "electronic communication service." 18 U.S.C. §§2701-2711.

FN18 Compare United States v. Ziegler, 474 F.3d 1184, 1190 (9th Cir. 2007) (reasonable expectation of privacy in contents of work computer); with Muick v. Glenayre Electronics, 280 F.3d 741, 743 (7th Cir. 2002) (no expectation of privacy in contents of work computer); United States v. Simmons, 206 F.3d 392, 398 (4th Cir. 2000).

FN19 See, United States v. Hatfield, No. 06-CR-0550, 2009 U.S. Dist. LEXIS 106269 (E.D.N.Y. Nov. 13, 2009) (2nd Circuit likely to uphold privilege); Curto v. Medical World Communications Inc. 03-CV-6327, 2006 U.S. Dist. LEXIS 29387 (E.D.N.Y. May 15, 2006); Geer v. Gilman Corp., 06-CV-0889, 2007 U.S. Dist. LEXIS 38852 (D. Conn. Feb. 12 2007), Orbit One Communications Inc. v. Numerex Corp., 255 F.R.D. 98, 107-8 (SDNY 2008); In re Asia Global Crossing, Ltd., 322 M/R/ 247. 259-61 (SDNY Bnkr. 2005); but see, Long v. Marubeni America Corp., No. 05 Civ. 639, 2006 U.S. Dist. LEXIS 76594 (SDNY Oct. 19, 2006); Scott v. Beth Israel Medical Center Inc., 847 N.Y.S.2d 436 (N.Y. Supp. Ct., N.Y. Cty. 2007).

FN20 2009 U.S. Dist. LEXIS 106269, at 30 n12.

FN21 See, Curto, 2006 U.S. Dist. LEXIS 29387 at 2-3 (applying four-factor test and finding that employee did not waive privilege by maintaining documents on employer's computer); Geer, 2007 U.S. Dist. LEXIS 38852 at 3-4; Orbit One Communications Inc., 255 F.R.D. 98 at 107-8.

FN22 2009 U.S. Dist. LEXIS 106269, at 33.

FN23 Hatfield, 2009 U.S. Dist. LEXIS 106269 at 34 n14.

FN24 Stengart v. Loving Care Agency Inc., 408 N.J. Super. 54 (App. Div. 2009), aff'd, -- N.J. -- (March 30, 2010).

FN25 See, Mack v. United States, 814 F.2d 120, 123 (2d Cir. 1987); but see Brown-Criscuolo v. Wolfe, 601 F.Supp.2d 441 (D. Conn. 2009); Walston v. UPS, No. 2:07-CV-525, 2009 U.S. Dist. LEXIS 10307 (D. Utah, Feb. 11, 2009).

FN26 See, New York Labor Law §201-d.

FN27 Facebook Statement of Rights and Responsibilities (Dec. 21, 2009; last visited March 19, 2010).


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From: Edouard Dervichian
Subject: Comment on "Cell Broadcast Firm Addresses Location Based Applications"
Date: May 3, 2010 11:11:06 AM CDT
To: Brad Dye

Good morning Brad.

I hope this e-mail find you in good cheer.

Please find attached herewith my comment on Paula Bernier's article "Cell Broadcast Firm Addresses Location-based Applications".

Paula Bernier is not as gullible as Mes but there is a limit to what an editor that is scrupulous can print.

I hope you have a wonderful week.

Warm regards,


Edouard Dervichian
Swissphone Telecom AG
Faelmisstrasse 21
Postfach 81
CH-8833 Samstagern
Tel +41 44 786 77 70
Fax +41 44 786 77 71

Edouard’s comment on:

Cell Broadcast Firm Addresses Location-based Applications

With Cell Broadcast people not doing as they are told is a something of the past.

At last, Human Perfectibility is back in the saddle. Maarten Mes, the managing director of one2many, says:

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.

That truly is remarkable!

We are not told how but, presumably, with Cell Broadcast what comes out of radio cells is mapped 1 to 1 into our brain cells. Regardless, everyone does need, and indeed, gets the right message — even if they do not have a cell phone.

Whether or not your children and pets are with you, if you are reached by a Cell Broadcast message ordering you to evacuate; you simply get up and go. Or if you are dead drunk and are instructed to stay indoors, you salute and comply.

All this is self-evident, but what is not is how the central supervisor who creates and sends the messages knows what the “right” message is for the parent, the drunk and so on?

Is he Father Christmas? You know that is the guy who comes with the “exact” present. Readers who were disappointed with their Christmas present, will be happy to learn that Cell Broadcast actually does much, much, better and more. Mes goes on to say:

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.

So, for example, messages to Arabic visitors appear in Arabic. People away from home do not get alarmed even if they get news from another broadcast channel like CNN and, last but not least: Cell Broadcast never fails, it “always gets through” even on New Year’s Eve when quite a few people are bombed out of their minds.

Doubtless countries with a Homeland Security department marching towards central supervision will love Cell Broadcast because as Mes says “it is non-intrusive”.

Cell Broadcast decidedly is quite the perfect thing. Vive, Cell Broadcast! and the Perfected Human Being (PHB).

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Newsletter Editor


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Wireless Messaging News
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