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AAPC Wireless Messaging News

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FRIDAY — FEBRUARY 11, 2011 - ISSUE NO. 444

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

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Greetings Loyal Readers, and Friends of Wireless Messaging,

The Straight Scoop
I am pleased to include an important and exclusive report clarifying the FCC's rules on narrowbanding and how they do and do not, apply to paging.

“Narrowbanding is coming; are you prepared?”

This report was written by Vic Jensen. Vic is on the Board of Directors of the American Association of Paging Carriers (AAPC) and currently works for Unication USA. Prior to Unication, he held several senior management positions in Motorola's Paging Division. He is a long-time friend and colleague. Don't miss reading this—following. Good stuff!

New AAPC Vendor Member
Please note that WiPath Communications is a new bronze-vendor member of AAPC. These great folks are long-time supporters of this newsletter as well. Check out their products. They have several very innovative devices that can be used to increase and diversify your business. There's more to Paging than just Paging.

Happening In Ireland
Be sure to check out the schedule of events for the Global Paging Symposium, March 15 – 17, 2011 to be held in Hayfield Manor Cork, Ireland.

Does anyone know where I can find an old style Envoy Messaging tablet?

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
wireless logo medium
MESSAGING

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This is the AAPC's weekly newsletter about Wireless Messaging. You are receiving this because I believe you have requested it. This is not a SPAM. If you have received this message in error, or you are no longer 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 is posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the web. That way it doesn't fill up your incoming e-mail account.

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

EDITORIAL POLICY

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

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Please help support the AAPC Wireless Messaging News by clicking on the PayPal Donate button above.

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subscribe

Newspapers generally cost 75¢ a copy and they hardly ever mention 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 willing and able, please click on the PayPal Donate button above.

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CONSULTING ALLIANCE

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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pagerman

 

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NEWSLETTER ADVERTISING

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

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AMERICAN ASSOCIATION OF PAGING CARRIERS

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aapc logo American Association of Paging Carriers

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aapc

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Global Paging Symposium
March 15 – 17, 2011
Hayfield Manor
Cork, Ireland

Schedule of Events

Tuesday, March 15

 

9:00 am – 5:00 pm

Registration

10:00 am - 12:00 pm

Operators/Carriers Meeting

12:00 pm

Lunch (on own)

1:30 pm – 1:45 pm

Welcome

Derek Banner, EMMA Chairman
Roy Pottle, AAPC President

2:00 pm – 3:30 pm

Keynote Session

Pat Kelly, CEO, Tetra Ireland
Tetra Ireland operates an integrated and dedicated communications network to Ireland’s Emergency Services and Public Safety. Our management of the National Digital Radio Service provides a uniquely resilient communications platform to the Emergency Services and non-commercial public bodies.

Donald Black, Enterprise Ireland
Donald Black, Head of Services Prospecting, Enterprise Ireland, is currently responsible for rolling out new supports for service sector companies. He was previously Enterprise Ireland’s Director for France. Prior to that he was a Principal Associate in Coopers and Lybrand's (now PWC) UK consulting practice. Donald has also held export sales and marketing roles in the aerospace and electronics industries.

3:40 pm – 5:00 pm

Infrastructure Update

Jim Nelson, Prism-IPX Systems, LLC
This session will provide a follow-up discussion on current infrastructure and future requirements for replacement and system expansion.

Wednesday, March 16  

9:00 am – 10:30 am

Integrating Smartphone Messaging Applications with Paging—Competition or Complementary

Mike Lyons, Indiana Paging Network
Stephen Oshinsky, Critical Alert Systems
This interactive session will review the benefits of offering Smartphone applications to your customers as well as highlight potential competition to paging that need to be recognized, in order to truly maximize the integration process.

10:30 am – 12:00 pm

Building Strategic Partnerships

Dan Kiely, VoxPro Communications
Delegates will be given the opportunity to give a brief introduction to their company and to discuss any strategic partnerships they are interested in forming with other members.

12:00 pm

Lunch

2:00 pm

Bus Tour of Cork

6:00 pm

Jameson Irish Distillery tour with dinner and entertainment (Dress: Smart Casual) Sponsored by: Daniel’s Electronics; Prism–IPX; Unication USA; VoxPro Communications

Thursday, March 17

 

9:00 am – 10:00 am

Selling Solutions for Two-Way Paging

Chris Jones, PageOne
Selling pagers to businesses and utilities is not just sending an alert with a short message. Nowadays, people want solutions, not just parts of solutions. Chris will discuss this and discuss the ways in which his company has been successful in selling two-way paging systems, their uses and value to the customer.

10:00 am – 10:30 am

TETRA Paging a Reality?

Rob Bronckers, and André Hoek, TetraNed
TETRA systems now cover most of western Europe, much of eastern Europe, and indeed much of the world. The advent of the TETRA pager brings up the question whether this device can be used for alerting public safety workers instead of the conventional paging systems. In this presentation we will discuss the measured performance of this TETRA device and come to conclusions regarding possible markets for the TETRA pager.

10:40 am – 11:20 am

POCSAG +

Simon Green, Sedgewall Communications Group Limited
Many organisations traditionally using POCSAG have a requirement for two-way messaging. Sedgewall has advanced POCSAG to handle much higher baud rates and enabled two-way communication. During this session we will demonstrate the equipment and discuss potential markets worldwide

11:30 am – 12:00 pm

Santiago Cantú, SkyTel Mexico

12:00 pm

Summit Conclusion

Thanks to our Premier Vendor!

prism paging
Prism Paging

Thanks to our Silver Vendors!

methodlink
Method Link, LLC
unication
Unication USA

Thanks to our Bronze Vendors!

AAPC Executive Director
441 N. Crestwood Drive
Wilmington, NC 28405
Tel: 866-301-2272
E-mail: info@pagingcarriers.org
Web: www.pagingcarriers.org
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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ADVERTISERS SUPPORTING THE NEWSLETTER

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Advertiser Index

AAPC—American Association of Paging Carriers Northeast Paging
CVC Paging Paging & Wireless Network Planners LLC
Daviscomms USA Preferred Wireless
Hahntech-USA Prism Paging
Hark Technologies Ron Mercer
HMCE, Inc. TC Promotion GmbH
Ira Wiesenfeld, P.E. UCOM Paging
  Unication USA
Ivycorp United Communications Corp.
Leavitt Communications WiPath Communications

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UNICATION USA

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unication

• With Standard Two-year Warranty

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The New Alpha Legend +
Automatically Transitions From
Wideband Today to Narrowband Tomorrow

 

web: www.unication.com red spacer e-mail: sales@unication.com red spacer tel: 954-333-8222

 

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Narrowbanding is coming; are you prepared?

exclusiveThe above was the title of an article authored by Unication USA and printed in the May 28, 2010 Newsletter. This article was intended to raise awareness of the impending FCC deadlines and to introduce our new Legend+ pager that works on a 25 kHz system and automatically transitions when this system migrates to narrowband operation. Here we are, eight months later and it still is an appropriate question to ask.

Since May 2010, Unication USA and our Distribution Channel Partners have embarked on an education process with paging technology users affected by this FCC mandate. We felt by getting the information out early, the users would have sufficient time to consider all options, develop a migration plan with dates and establish (and get approval for) a budget for this migration. It is clear the message is getting out there as we are working with a number of System Administrators whose systems have to migrate. However, there is considerable work ahead and in some situations there still exists confusion regarding frequencies that have to migrate. In the following paragraphs, I will provide an overview of the FCC mandate and review who is and is not affected, the FCC milestone dates, paging system impact, and who to contact.

The process to address more efficient use of spectrum began in 1992 and culminated when the FCC issued a “Third Report and Order, Third Further Notice of Proposed Rule for Private Land Mobile Radio (PLMR) Spectrum” on December 23, 2004. In this report the FCC provided migration dates for the Industrial/Business Radio and Public Safety spectrum pools in addition to clarifying the narrowbanding rules for Paging Only Channels in these respective pools. I might add that the AAPC was instrumental in influencing the FCC’s decision to exempt the Paging Only Channels from narrowbanding.

The narrowband mandate impacts anyone operating in the PLMR Industrial/Business and Public Safety Spectrum pools operating on Non-Paging Only Channels in the 150-174 MHz and 421-512 MHz bands. Those not affected are anyone in the PLMR Industrial/Business and Public Safety Spectrum pool operating on Paging Only designated channels (NOTE: Commercial Paging (CMRS) is not impacted by this mandate). The specific Paging Only frequencies (MHz) are:

  • Public Safety Pool
    • 152.0075
    • 157.4500
  • Industrial/Business Pool
    • 462.750 - 462.925 (8-25 kHz spaced channels)
    • 152.480, 157.740 and 158.460

The list of Paging Only frequencies has been a source of confusion and one particular Public Safety frequency, 163.250 MHz, has been debated in the Industry literature and by experts. With over 500 active licenses nationwide and used extensively in the Medical Community it is listed as Paging Only use. However, according to the FCC, “A few paging-only channels fall on spectrum allocated for federal primary use. The channels subject to this requirement are 163.250 MHz, 150.775 MHz and 150.790 MHz. On these frequencies, all new stations must operate on 12.5-kilohertz channels, and all existing systems must reduce bandwidth to 12.5-kilohertz channels by Jan. 1, 2013.” Just to play it safe, I confirmed with the FCC that all 163.250 MHz licensees have to narrowband. So if a frequency is not listed above it has to migrate to narrowband.

The migration dates clarified in the “Third Report and Order, Third Further Notice of Proposed Rule for Private Land Mobile Radio (PLMR) Spectrum” report apply to all licensed users of the affected (i.e., Non-Paging Only) spectrum pools. They are:

  • Applications for new operations or modifications of existing operations on 25 kHz channels will be accepted until January 1, 2011.
  • Applications for new operations or modifications of existing operations on 25 kHz channels will be accepted after January 1, 2011 only if the equipment meets the 12.5 kHz requirement.
  • January 1, 2013 is the deadline for migration to 12.5 kHz technology.

From a paging system impact, the transmitters and pagers are potentially affected. The transmitters will have to conform to the NTIA 12.5 kHz transmit mask requirements with reduced deviation (from ±4.5 kHz to ±2.25 kHz). Newer transmitters may already conform, but I am sure there are many older Motorola and Glenayre stations that require an upgrade. I suggest you contact whoever maintains this equipment or call one of the AAPC vendor members for assistance.

As for the pagers, many of them will probably work, but with degraded Adjacent Channel Selectivity (ACS). This will be an issue when the newly created adjacent channel is occupied and garbled/missed messages start occurring. I might add that with the Legend+ we maintain excellent ACS in both wideband and narrowband environments.

In summary, a narrowband system migration plan is essential, particularly for multi-transmitter systems. And, in all cases there must be time allocated to perform RF optimization and coverage testing.

There are challenges ahead and before you know it January 1, 2013 will be here. The good news is Unication, along with other AAPC vendor members, is available to help. I can be contacted with any questions by e-mail (vic@uniamericas.com or phone 954-333-8222). At the FCC, Roberto Mussenden (Roberto.Mussenden@fcc.gov) has been very helpful.

Regards,

Vic Jensen
Work: 954-333-8222
Cell: 561-756-6197
Email: vic@uniamericas.com

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Vic is on the Board of Directors of the American Association of Paging Carriers (AAPC) and currently works for Unication USA. Prior to Unication, he held several senior management positions in Motorola's Paging Division.

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TC PROMOTION

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TC

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TC PROMOTION

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IVYCORP

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ivycorp

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IVYCORP

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Ira Wiesenfeld, P.E.

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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
E-mail: iwiesenfel@aol.com

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Ira Wiesenfeld, P.E.

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HMCE Inc.

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pat merkel ad

hmce@bellsouth.net left arrow Click to e-mail
http://www.h-mce.com 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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HMCE Inc.

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Newsletter Supporter

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Newsletter Supporter

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Newsletter Supporter

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Canyon Ridge Communications

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New Ad Coming Soon

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Canyon Ridge Communications

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Hahntech-USA

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www.hahntechUSA.com

 

2-Way 4-Button Pager

  • ReFLEX™ v 2.7.5
  • DSP Technology
  • Industrial Grade

e940
E940 PAGER & CHARGER

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E-mail: sales@hahntechUSA.com
Telephone: 011-82-31-735-7592

 

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Hahntech-USA

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Paging & Wireless Network Planners

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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
ron mercer

Cell Phone: 631-786-9359

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Paging & Wireless Network Planners

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PRISM PAGING

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prism
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PRISM IP MESSAGE GATEWAY

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THE ULTIMATE IN COMMERCIAL AND PRIVATE RADIO PAGING SYSTEMS
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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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prism

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Survey Says Parents Think Colleges Are Unsafe, Unprepared for Crises; USC, Others Tout New High Speed Alert Network from IntelliGuard Systems™

Tuesday, Feb. 08, 2011

LEWISVILLE, Texas — Just four in 10 parents of college bound students think that college campuses are safe, and only three percent of parents believe colleges are very well equipped to deal with emergencies, according to a recent survey conducted by Kelton Research.

In the wake of recent shootings on college campuses, which exposed up to 20-minute delays in the receipt of emergency messages sent to students’ cell phones, safety now ranks among the top criteria parents weigh in choosing a college for their children.

When an emergency does occur, 90 percent of parents surveyed expect kids to be alerted within five minutes or less. In the recent shooting on the University of Texas in Austin campus, media reports revealed a 23-minute delay between the times two different students received an initial alert sent via text message to their cell phones.

keychain
Business Wire — RAVENAlert Keychain, a memory-stick-sized receiver is one component of the IntelliGuard Systems™ emergency alert system that provides to college campuses the same wireless technology utilized in life-and death situations by hospitals and emergency responders.

To close this critical time gap, IntelliGuard Systems™ is bringing the same wireless technology used in life and death situations by hospitals and emergency first-responders to college campuses. IntelliGuard Systems offers a dedicated wireless network that simultaneously delivers emergency messages to unlimited recipients on campus, all of which are received in less than 20 seconds.

Having recently completed pilot tests with six colleges — including the University of Southern California (USC) – IntelliGuard Systems is now making its high speed emergency alert solution available to colleges across the country in time for the fall 2011 semester.

USC’s Carey Drayton, Executive Director/Chief of Public Safety, said, “In tests we conducted of the IntelliGuard solution on campus, we were able to verify simultaneous receipt of an emergency message in less than 15 seconds. That type of performance would make IntelliGuard a valuable addition to our existing emergency response capability.”

He added, “This is crucial because when an emergency occurs on campus, our most important concerns are determining what happened, formulating the right message to communicate and then getting that info delivered to our community of students and staff as quickly as possible to keep everyone out of harm’s way.”

Other schools that participated in the pilot programs include Providence College, Stetson University, Texas Southern University, Drexel University and Bentley University.

“Cellular networks are fine for day-to-day communications, but during a life-threatening event when you must alert thousands of people simultaneously, SMS/text messaging does not work,” said Dave Andersen, President and Chief Operating Officer of IntelliGuard Systems, a wholly owned subsidiary of American Messaging Services. “That’s why we created a dedicated network that delivers both speed and control over emergency communications so that schools can simultaneously notify all students of an emergency immediately and then communicate ongoing developments as they occur.”

About the Survey
This survey was conducted by Kelton Research among 2,573 total respondents, which included 2,060 parents and 513 college students (attending a 4-year college or university). Among the parents surveyed, 1,032 are parents of current college students (attending a 4-year college or university) and 1,028 are parents of prospective college students (current high school juniors or seniors planning to go to a 4-year college or university). The sample reflects a mix of school sizes, gender, age, and U.S. geographic regions. The survey was fielded from September 28, 2010 through October 7th, 2010 using an email invitation and an online survey.

About IntelliGuard Systems
IntelliGuard Systems, LLC is a wholly owned subsidiary of American Messaging Services, LLC, a wireless “first responder” messaging company with 30 years of experience designing immediate alert systems for hospitals, fire stations and other emergency professionals who deal with life-and-death situations every day.

Source: SunHerald.com

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CVC Paging

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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

cvc paging cvc antennas For inquires please call or e-mail Stephan Suker at 800-696-6474 or steves@cvcpaging.com left arrow

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CVC Paging

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pagerman

 

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DAVISCOMMS USA

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daviscomms

PAGERS & Telemetry Devices
FLEX & POCSAG

(12.5 KHz or 25 KHz - POCSAG)

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Telemetry

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Contract Manufacturing Services
Board Level to complete “Turn-Key”

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Bob Popow
Scottsdale, AZ
www.daviscommsusa.com
480-515-2344

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Daviscomms (S) Pte Ltd-Bronze Member-AAPC

 

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DAVISCOMMS USA

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CRITICAL RESPONSE SYSTEMS

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Critical Response Systems

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

Get the Alert.

M1501 Acknowledgent Pager

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

Learn More

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

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zetron FOR IMMEDIATE RELEASE

CSSI Testing Strengthens Zetron’s Position as Leading Provider of P25-Compliant Dispatch Systems

zetron


“In our commitment to support P25 open standards, we will continue to engage and test with network manufacturers who have developed a CSSI or DFSI that meets the released TIA specifications.”

Ellen O’Hara, President and CEO, Zetron


Zetron has successfully tested with both EADS and Auria Wireless networks the TIA P25 Console Subsystem Interface (CSSI) utilized in its Advanced Communications Console System (Acom). This puts Zetron at the forefront of the effort to provide communications systems based on P25 open standards.

Redmond, WA, U.S.A., Feb. 10, 2011 – Zetron today announced that the Telecommunications Industry Association (TIA) Project 25 (P25) Console Subsystem Interface (CSSI) used in Zetron’s Advanced Communication (Acom) System performed successfully in separate interoperability tests with EADS CORP25 and Auria Wireless AuraNet networks. This reinforces Zetron’s position as a leading developer and provider of end-to-end P25-compliant console systems.

“Although the full suite of test documents for TIA has yet to be ratified, our tests were written according to the extensive TIA interface specifications that do exist,” said Zetron product manager, Daniel Oliphant. “The tests with EADS and Auria Wireless confirm Acom’s ability to interface simultaneously to multiple radio subsystems through the TIA-specified CSSI or DFSI [Digital Fixed Station Interface] for trunked and conventional P25 applications.”

The success of these tests has implications for customers and the industry as a whole. Console and network systems that utilize the open-standard CSSI are able to work together without requiring proprietary interface protocols. This not only gives customers more choice in their selection of dispatch console systems and radios, but also encourages healthy competition among manufacturers.

“In our commitment to support P25 open standards, we will continue to engage and test with network manufacturers who have developed a CSSI or DFSI that meets the released TIA specifications,” said Zetron president and CEO, Ellen O’Hara.”

About Zetron
For over 30 years, Zetron has been a leading provider of mission-critical communication solutions for public safety, transportation, utilities, industry, manufacturing, healthcare, and business. With offices in Redmond, Washington, U.S.A.; Hampshire, England, U.K.; Brisbane, Australia; and numerous field locations; Zetron supports a worldwide network of authorised resellers and distributors. Zetron is a wholly owned subsidiary of Kenwood Corporation. For more information visit: http://www.zetron.com.

 

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Zetron, Inc. • PO Box 97004 • Redmond, WA 98073-9704
Phone: (425) 820-6363 • Fax: (425) 820-7031

Source: Zetron

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UNITED COMMUNICATIONS

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make your minitor II like new again

minitor
before

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after

Flat rate repair for $55.00 per pager.

We manufacture Minitor II and III housings.

Call for pricing and availability.

We Sell: Accessories, Batteries, Chargers, Case Parts.

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

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x

BloostonLaw Telecom Update

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

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

www.bloostonlaw.com

   Vol. 14, No. 6 February 9, 2011   

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INSIDE THIS ISSUE

  • FCC adopts modifications to ex parte, “Sunshine” rules.
  • Egyptian Internet shutdown raises questions here, too.
  • FCC seeks comment on Rural Broadband Report.
  • FCC paves way for first-ever presidential alert over EAS.
  • House panel sets hearing on broadband stimulus spending.

FCC BEGINS RULEMAKING TO “REFORM” HIGH-COST SUPPORT AND ACCESS REVENUE STREAM

FCC Plan Could Threaten Existing and Future RLEC Broadband Service

The FCC, at its February 8 open meeting, launched a Notice of Proposed Rulemaking (NPRM) and Further NPRM that, if adopted as an Order, will, over time, move existing high-cost support programs (including RLEC mechanisms) into a single broadband Connect America Fund (CAF) and eliminate access charges altogether or replace them with some form of transitional CAF support. There is no doubt that some changes in Universal Service programs are needed to adapt to the transformation of the public telecommunications network from a voice network to a broadband network.

However, there are serious concerns that the ultimate impact (if not purpose) of the FCC plan is to redistribute high-cost support away from the RLECs that have been using it efficiently and effectively to deploy broadband to larger price cap carriers, wireless carriers and public-private partnerships. Whereas the task of preserving a substantial and viable role for RLECs in the national broadband network will be difficult, the war is not lost. BloostonLaw is in the process of positioning its clients to overcome what is clearly a major threat to the rural telecommunications industry.

According to the FCC, the NPRM and FNPRM outline a path to transforming programs that are currently focused on 20th Century voice service into a Connect America Fund (CAF) that would help make 21st Century broadband available and affordable to rural communities.

The FCC asserts that the Universal Service Fund (USF), which helped connect rural America to telephone service, fails to effectively and efficiently target support for broadband in rural areas. During the coming months, the FCC can be expected to continue to complain about the alleged “Rural/Rural Divide” – that is the fact that RLECs operating under rate-of-return (RoR) regulation have elected to invest in the network upgrades necessary to deploy broadband, while the much more financially powerful price cap carriers have shown little interest in doing so. Notwithstanding the proven incentives and success of RoR regulation, the FCC continues to label it as “inefficient” and to seek ways to extend the very same price cap regulation that has proven so ineffective and devoid of incentives for investing in rural and other areas of limited potential profitability.

The FCC also tries to paint the current USF as wasteful and inefficient by seizing upon the relatively small number of situations where annual per line support exceeds $20,000 a year. BloostonLaw notes that these situations are outliers that generally involve startups and/or very small RLECs (in most tem is rooted in outdated distinctions between local and long-distance telephone service, and inefficient per-minute charges. ICC also suffers from loopholes that distort markets and derail investment in advanced Internet Protocol (IP) networks, according to the Commission.

The text of the FCC’s proposals was not available at our deadline, but the Commission’s press releases included the following:

The NPRM proposes four key principles to guide the FCC’s reform plan:

  • Modernizing USF and ICC To Support Broadband Networks. Modernize and refocus USF and ICC to make affordable broadband available to all Americans and accelerate the transition from circuit-switched to IP networks, with voice ultimately one of many applications running over fixed and mobile broadband networks.
  • Ensuring Fiscal Responsibility. Control the size of USF as it transitions to support broadband by combating waste and inefficiency. The Commission said it recognizes that American consumers and businesses ultimately pay for USF.
  • Demanding Accountability. Require accountability from companies receiving support, to ensure that public investments are used wisely to deliver intended results. Government must also be accountable for the administration of USF, including through clear goals and performance metrics for the program, the FCC says.
  • Enacting Market-Driven and Incentive-Based Policies. Transition to market-driven and incentive-based policies (i.e., reverse auctions, procurement auctions and/or models) that encourage companies to maximize the impact of scarce program resources and the benefits to all consumers, the FCC says.

Specific proposals in the NPRM include:

Eliminate waste and inefficiency throughout the current program.

  • Transition funding for duplicative phone service by multiple phone companies operating in the same area to provide support where it’s most needed.
  • Impose reasonable limits and guidelines for reimbursement to providers that have little incentive under the current subsidy system to operate efficiently.
  • Review continued need for funding mechanisms that have not been reevaluated in many years.

Use savings to spur investment in high-speed Internet in unserved areas.

  • Identify unserved areas using the forthcoming National Telecommunications and Information Administration (NTIA) national broadband map.
  • Create the Connect America Fund to quickly and efficiently deliver support to unserved areas.
  • Use market-based policies to support providers in a technology-neutral manner, targeting areas where broadband funding will have the biggest impact.
  • Ultimately, streamline and consolidate the five separate Universal Service Fund programs that support rural phone networks into the Connect America Fund. According to the FCC, this will constrain spending and bring fixed and mobile broadband to unserved areas while preserving voice service for all, creating jobs and fueling economic growth.

Stimulate investment in broadband by reforming the Intercarrier Compensation system.

  • Eliminate wasteful billing disputes by closing loopholes and tightening rules to prevent “phantom traffic,” which is traffic that has been disguised so it can’t be identified for billing purposes.
  • Amend rules to reduce “traffic pumping,” a practice that drains revenues from the system by exploiting existing rules to earn more intercarrier compensation. Reclaimed revenues could be invested in networks or used to reduce prices for consumers.
  • Gradually reduce per-minute Intercarrier Compensation charges. These charges create incentives for carriers to maintain legacy networks that maximize intercarrier revenues rather than investing in advanced, efficient IP-based infrastructure.
  • Develop a system to offset reductions in intercarrier rates, including, where necessary, support from the Connect America Fund.

Increase accountability for recipients and for government, and more effectively measure program performance.

  • Adopt clear performance goals and metrics for the Connect America Fund.
  • Require increased disclosures about the operating performance and
  • Increase transparency, oversight, and accountability.

FCC Chairman Julius Genachowski made this statement, and we will let our rural clients evaluate it: “At the same time, USF and ICC have become riddled with inefficient, outdated rules and perverse incentives. For example, according to one study, approximately one hundred million dollars flow to phone companies each year to serve areas where competing providers, without a dollar of government support, offer voice service to all households. In many places, USF funds four or more phone companies to serve the same area. And it leaves hundreds of companies to control their own funding spigot, with guaranteed double-digit returns. Does that make sense? “

Commissioner Michael Copps said: “…it is imperative that we work closely with our state colleagues as partners in this transition. You have heard me speak many times about this so I won’t belabor it here, but I believe the Telecommunications Act of 1996 envisioned a level of federal-state cooperation in implementing the statute that has not yet been achieved. Maybe we can achieve it here; I hope so.”

Commissioner Robert McDowell said: “I have long advocated for comprehensive reform of the entire universal service and intercarrier compensation regimes. It’s like fixing a watch; it is impossible to tinker with one component of the mechanism without affecting all of its parts at the same time. Today, the Commission is choosing to take the piecemeal route again by not addressing the contribution mechanism at the same time. While not ideal, in my view, piecemeal reform is better than no reform at all.”

Commissioner Mignon Clyburn said: “[F]rom my travels across the country, including to some of the hardest-to-serve areas in our nation, a one-size-fits-all approach will not achieve the goals of universal service. The comprehensive nature of this Notice, along with the number of detailed questions and alternative proposals, underscores the complexity of reform for a nation that is so vast and geographically diverse. The Notice will afford all interested parties the chance to demonstrate which proposals will offer the most immediate benefits of both voice and broadband services to as many Americans as possible.”

Commissioner Meredith Baker said: “I also support the sensible approach in the Notice to design new funding mechanisms for broadband. We should resist the urge to simply layer broadband funding on to the top of today’s fractured system or to start offering duplicative broadband support in addition to existing voice-based support. We need a fresh approach that drives our telecommunications infrastructure from voice to broadband and from circuit-switched to IP. It is more fiscally responsible and prudent to craft broadband-specific programs that can better ensure accountability, efficiency, and adequate funding in areas where market forces are not sufficient to drive broadband services to America’s consumers.”

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

FCC Adopts Modifications To Ex Parte, “Sunshine” Rules

The FCC has adopted a Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) amending and reforming its rules on ex parte presentations made in the course of rulemakings and other permit-but-disclose proceedings. The R&O adopts a new rule requiring all oral ex parte communications to be documented, and their content described. This reform should enable those participating in FCC proceedings as well as those observing them to better identify and understand the issues being debated before the Commission. New electronic filing rules will empower anyone using the Internet to access this information, and stronger enforcement provisions will bolster these new requirements. Given the complexity of the issues the FCC must decide and the far-reaching impact agency decisions often have, the Commission said it believes these initiatives to increase transparency serve the best interests of the Commission, the entities it regulates, and the public it serves. The FCC also adopted an FNPRM that asks for comment on whether the interests of fairness and openness would be served by adopting real party-in-interest disclosure rules based on those that apply in many court proceedings. The rule changes are designed to add transparency in place of the current practice whereby meetings are held with FCC officials about a particular issue, and the public report only reflects that the parties “discussed issues in the docket” without much information about what was said during the meeting.

R&O: Highlights of the R&O are as follows:

1) Written notices required for all ex parte meetings, regardless of whether “new” arguments are put forth. Parties must also summarize the arguments made in ex parte notices or cite to the pages or paragraphs of such prior filings where the information can be found.

2) Written notices must list the names of everyone participating in ex parte meetings, and parties must mail or email copies of ex parte notices to each meeting participant and to Commissioners and Staff in attendance at the meetings.

3) Sunshine Period changes:

  • The sunshine period will now commence on the day after the FCC announces it, not the moment it is announced. Weekends and holidays are included.
  • Parties making an ex parte presentation on the day the sunshine period is announced will have until close of business the next day to file the written notice, instead of the usual two business days. (Notices of ex parte presentations made outside the Sunshine period must be filed within two business days of the presentation.)
  • During the sunshine period, the FCC will permit the filing of written ex parte comments (but not meetings) in response to notices of meetings that occurred on the day the sunshine period was announced. Those comments must be filed one business day after the meeting notice is filed, and may not raise issues beyond those in the notice.
  • Notices of ex parte presentations that occur during the sunshine period must be summarized and filed before midnight of that same day. Written replies will also be permitted to such notices, and must be filed no later than one business day after the meeting notice.

4) To facilitate stricter enforcement of the ex parte rules, the Enforcement Bureau is authorized to levy forfeitures for ex parte rule violations.

FNPRM: The FCC said the question whether to require disclosure of real parties-in-interest requires further consideration in light of issues raised by the commenters. Therefore, while it did not adopt disclosure requirements in the R&O, it is including an FNPRM to elicit further comment on this matter.

The FCC said it agreed that, although some interested parties may be knowledgeable about the identities of the “parties behind the parties” supporting or opposing their positions, other parties and the general public may not be equally knowledgeable. Thus, the Commission said it believes it would serve the public interest to have a disclosure requirement that addresses this problem without imposing undue burdens on the disclosing party or requiring duplicative filing of information already generally available from another source. The FNPRM solicits comment on what type of disclosure rule would balance those two interests, and how it should be applied.

The initial question focuses on the range of proceedings to which new disclosure rules should apply. Typically, written ex parte presentations and notices of oral ex parte presentations are not the only filings in the record of a proceeding, and parties often do not make ex parte submissions at all. In this light, is it sufficient for any disclosure rule to apply to ex parte filings, or is it appropriate to have a broader disclosure rule that applies to some or all categories of Commission proceedings? If the latter, what categories of proceedings should be within the scope of the disclosure rule? Should the information required to be disclosed depend on the nature of the proceeding in which the filing is made? Conversely, are there any Commission proceedings that should be exempt from any new rule, either because disclosure would be unnecessary or unduly burdensome? Are the disclosure practices of other agencies instructive?

The FCC also asks for further comment on the disclosure requirements that should apply to different categories of entities. Should trade associations be required to adhere to the same disclosure requirements as corporations, and if not, what different levels of disclosure should apply, and why? Should the FCC include special provisions for nonprofit public interest, grassroots, or issue-oriented groups that are funded by contributions, and, if so, what should these be? Finally, if a party is submitting a comment under its own name that was given to it by another entity with the request that the party file it in the party’s own name, should the filer be required to identify the source of the comment? What if an entity other than the filer paid for the preparation of the filing?

Should the FCC require disclosure in cases when the information to be disclosed can be found in existing records at this Commission, or when the information appears on an entity’s website? If the FCC were to rely on information already on file with the Commission, how can the agency ensure that this information is easily accessible and up-to-date? Should the Commission create a single electronically accessible source for all disclosure statements, and how often should filers be required to update this information? If the FCC were to rely on information already provided by a party on its Internet site, how could the Commission assure itself that this information would be kept up-to-date?

Comments in this GC Docket No. 10-43 proceeding will be due 45 days after publication in the Federal Register, and replies will be due 30 days thereafter.

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

Egyptian Internet Shutdown Raises Questions Here, Too

During the recent and ongoing Egyptian crisis, as reported by the press, including PC Magazine, the Internet shutdown could possibly cost that country $90 million, according to preliminary estimates from the Organisation for Economic Cooperation and Development (OECD). The OECD estimates put Egyptian telecom and Internet services at about 3%-4% of Gross Domestic Product (GDP), or a loss of approximately $18 million per day. It is unclear what the long-term impact will be, according to OECD. Vodafone, for example, had to shut down its call center in Egypt and hire workers in New Zealand to handle call volume. There is also a loss of confidence by customers, OECD said. Ironically, the government shutdown of the Internet had little effect on the protests.

The Egyptian Internet shutdown prompted CNN to ask whether this could happen in the U.S. The answer was “technically, yes, but highly unlikely.”

According to CNN, understanding what happened in Egypt helps frame the discussion about what could happen to the Internet in the United States or around the globe. According to Internet traffic monitors and experts, CNN said, Egypt's government likely called the country's five main Internet service providers— like on the phone — and ordered them to barricade online traffic. “That's sort of like calling all of the post offices in the country and telling them to throw the mail away instead of delivering it,” said Robert Faris, research director at Harvard's Berkman Center for Internet & Society,” according to CNN.

But instead of shredding paper mail, the Egyptian Internet providers altered their Border Gateway Protocols, the software that routes online information.

"There's not an on-off switch," Faris said. "What it is, it's a list of IP addresses that route information between nodes on the Internet. And what they did (in Egypt) is they changed all the software and the list in there to something called null routing. So all the traffic going in and out was essentially thrown away." (as CNN reported)

CNN said Faris believes that technically, the United States could do the same thing Egypt did to block internet access: That is, the government would have to call four or five top internet providers and order them to disrupt Border Gateway Protocols in a way that shut down the majority of American Internet traffic, he said. Others said the government would have to deal with the country's thousands of Internet providers in order to fully clamp down on Internet access, which would be logistically difficult.

As CNN noted, the U.S. Internet is much larger, there are more providers, and U.S. law prohibits such an easy authoritarian shutdown. In fact, as CNET has reported, the three U.S. senators who have introduced legislation to give the President emergency powers over the Internet in case of a cyber-attack, are now distancing themselves from the events in Egypt.

And there are now questions about whether the “Net Neutrality” rules might not end up on the back burner, at least for a while.

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

LAW & REGULATION

FCC SEEKS COMMENT ON RURAL BROADBAND REPORT: In the 2008 Farm Bill, Congress directed the FCC Chairman to submit a report to Congress describing a comprehensive rural broadband strategy. On May 22, 2009, Acting Chairman Michael J. Copps delivered to Congress the 2009 Rural Broadband Report. The report recommended new policies to deliver broadband to rural areas and restore economic growth and opportunity for Americans residing and working in those areas. Congress also required the Commission’s Chairman, in coordination with the Secretary of Agriculture, to “update and evaluate” the rural broadband report during the third year after enactment of the 2008 Farm Bill. The FCC now seeks comment on how to update and evaluate this report. Comments in this GN Docket No. 11-16 proceeding are due March 2. There is no reply date. Since the Rural Broadband Report will no doubt serve as support for the FCC’s planned changes to the USF and ICC rules, rural carriers should examine the report critically and submit comments. The 2009 Rural Broadband Report identified a number of challenges typically affecting rural broadband, including technological issues, high costs, and lack of data. The report made a number of recommendations, including enhancing coordination among and between federal, Tribal, state, and community agencies, governments, and organizations; reviewing existing federal programs to identify barriers to rural broadband deployment; coordinating broadband data collection and mapping efforts; and supporting consumer education and training initiatives aimed at stimulating and sustaining broadband demand. The report also identified a number of policy areas and proceedings where Commission action could support broadband deployment and adoption. There have been many broadband-related developments since the release of the 2009 Rural Broadband Report. Many of these developments result from the American Recovery and Reinvestment Act of 2009 (Recovery Act), in which Congress provided new direction and support for federal broadband policies and initiatives. The FCC seeks comment on how to update and evaluate the 2009 Rural Broadband Report. What actions have the Commission and other federal agencies taken since the 2009 Rural Broadband Report that impact or enhance broadband deployment and adoption in rural areas? Have improvements in federal broadband data collection fostered rural broadband? The FCC asks commenters to identify any actions or changes that should be reflected in our update and evaluation of the 2009 Rural Broadband Report, including any additional measures that would improve access to rural broadband deployment and adoption. The FCC encourages interested persons to submit relevant data and analyses regarding broadband deployment and adoption in rural areas. Finally, the FCC welcome comments on the extent to which the recommendations in the 2009 Rural Broadband Report have been implemented. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC PAVES WAY FOR FIRST-EVER PRESIDENTIAL ALERT OVER EAS: The FCC has taken action to help pave the way for the first-ever Presidential alert to be aired across the United States on the Nation’s Emergency Alert System (EAS). The national test will help determine the reliability of the EAS system and its effectiveness in notifying the public of emergencies and potential danger nationwide and regionally. The FCC voted unanimously to adopt a Third Report and Order that sets forth rules that will facilitate the federal government’s efforts to conduct a national EAS test by transmitting a Presidential Alert from Washington, D.C. to television and radio broadcasters, cable systems and satellite service providers who will then deliver the alert to the American public. The test will assist the FCC, in coordination with the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) and the National Weather Service (NWS), with assessing the current system and better determining what improvements need to be made to further strengthen the Nation’s EAS, particularly as broadband technologies continue to emerge. Although the date for the National EAS test has yet to be determined, establishing the rules is an important first step in the process. As Next Generation EAS systems become operational over the next few years, they will complement other public alert and warning system's now being developed, including FEMA’s Integrated Public Alert and Warning System (IPAWS) and the Commercial Mobile Alert System that will enable consumers to receive alerts through a variety of multimedia platforms on their smart-phones, blackberries and other mobile broadband devices. The national test will require EAS participants to be part of the exercise and to receive and transmit a live code that includes a Presidential alert message to their respective viewers and listeners. The FCC, FEMA and NWS, in coordination with EAS participants, will work together to launch a nationwide EAS Public Education and Awareness Campaign that will include press statements, workshops, regional outreach, and television and radio public service announcements targeted to consumers in general, and more specifically persons with disabilities and seniors, as well as first responders and state, local and tribal governments. The outreach will help ensure that the American public is aware that the national test will be conducted and the benefits of these kinds of public alerts in a real emergency. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast.

HOUSE PANEL SETS HEARING ON BROADBAND STIMULUS SPENDING: According to Broadcasting & Cable, the House Telecommunications Subcommittee has scheduled a Feb. 10 hearing on the billions of dollars in broadband stimulus money distributed by Departments of Commerce and Agriculture under the American Recovery and Reinvestment Act (ARRA). B&C reports that the GOP leadership is concerned about how the National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) administered program funds, and protected investments from waste, fraud, and abuse. Reportedly, the Republicans plan to circulate draft legislation in advance of the hearing. The draft bill would "increase accountability" for the stimulus spending and "return unused or reclaimed broadband stimulus funds to the U.S. Treasury," B&C said. The hearing comes a week before the Feb. 17 deadline for NTIA to publish an online, interactive national broadband map.

FCC ADOPTS NPRMs REGARDING ITS DATA INNOVATION INITIATIVE: As part of its Data Innovation Initiative, the FCC, at its February 8 open meeting, launched two proceedings to ensure that it collects the data it needs to make policy, streamlines its data collection program, and eliminates unneeded data collections that impose unnecessary burdens on filers. Consistent with those goals, the FCC approved a Notice of Proposed Rulemaking (NPRM) to eliminate the first two programs in a series of data collections the Commission has identified as unnecessary, or for which the benefits do not outweigh the burdens. This first NPRM proposes eliminating 20-year-old requirements for certain telephone companies to submit what is known as comparably efficient interconnection and open network reporting data (CEI/ONA), which may no longer be necessary because of subsequent policy decisions. The FCC will review similar proposals for eliminating data collections in the coming months. Comments on this WC Docket No. 10-132 “Review of Wireline Competition Bureau Practices” proceeding will be due 30 days after publication of the item in the Federal Register, and replies will be due 15 days thereafter.

The Commission also approved a second NPRM that seeks comment on whether and how to reform collection of data regarding broadband and local telephone service. Established in 2000, FCC’s Form 477 program requires broadband service providers to report the number of subscribers they have in each census tract they serve, and local and mobile telephone service providers to report subscribers at the state level. The NPRM seeks comment on whether modifications are now needed to better serve the FCC, consumers, and other stakeholders after more than a decade of rapid innovation in the marketplace for these services, while streamlining the data collection where possible. Comments on the WC Docket No. 11-10 “Modernizing the FCC Form 477 Data Program” will be due 30 days after publication of the item in the Federal Register, and replies will be due 15 days thereafter.

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

PATRIOT ACT EXTENSION FAILS TO PASS THE HOUSE: By a vote of 277-148, an extension of the Patriot Act counter-terrorism provisions, which expire at the end of this month, failed to pass the House. The Republicans saw 26 of their colleagues join Democrats in defeating the measure. The measure, which President Obama supports, was brought up under special rules which require a super majority to pass. The GOP leadership plans to bring the Patriot Act back to the floor later this month under normal House rules which will require only a simple majority to pass, according to the Washington Post.

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 halmor@bloostonlaw.com

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Search and Seizure by GPS

“In the face of warrantless searches, we question whether technology should alter an individual's right to privacy.”

February 11, 2011 /24-7PressRelease/ — Current mobile phones and electronic devices are verging on the technological brink of those predictions and visions many science fiction movies once imagined. But police use of wiretaps, beepers and the global positioning system (GPS) tracking devices may call to mind an Orwellian setting — the feeling that Big Brother is watching. With the development of new tracking, positioning and monitoring instruments, courts are repeatedly called upon to redefine the reasonable privacy expectations of those under surveillance and criminal investigation.

Privacy Expectations in the Face of Technological Change

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches, such as searches without a warrant. In general, a search may be reasonable where there is a valid search warrant, probable cause, or where consent to the search has been given.

Historically, the determination of whether police activity constituted a search turned on whether there had been a physical intrusion. In an historical 1967 decision, the U.S. Supreme Court ruled that a warrantless wiretap on a public phone booth violated the defendant's Fourth Amendment expectation of privacy. The Fourth Amendment protects people, not places, explained the Court in its decision that the defendant was entitled to remain free from unreasonable searches and seizures despite the public nature of a phone booth.

In 1983, the Supreme Court said the use of a beeper to track vehicle movement without a warrant was permissible. The suspect's movements were visible so that anyone could have observed what the police did without utilizing the beeper; therefore, the Court found he had no reasonable expectation of privacy.

In 2001, the Supreme Court acknowledged that "[I]t would be foolish to contend that the degree of privacy secured to the citizens by the Fourth Amendment has been entirely unaffected by the advance of technology." The Court nevertheless held that a minimum expectation of privacy is reasonable. Thus, the Court disallowed thermal images of a home; these images, for example, showed abnormal levels of infrared radiation associated with marijuana cultivation. The Court said the government had obtained the images without a warrant. By using a device not in general public use, what the police could see with thermal images would previously have required physical intrusion.

The United States Court of Appeals for the District of Columbia recently declined to reconsider an earlier decision by a three-judge panel relating to GPS tracking. The panel found that the police violated the constitutional rights of Antoine James when officers, without a warrant, installed a GPS tracking device on his vehicle. The court said that James had a reasonable expectation of privacy protecting him against the monitoring and recording of every car trip, and given that the GPS data was essential to the government's case, the court reversed the life sentence originally imposed on him.

The court differentiated between use of the beeper to monitor movements in a discrete journey and sustained, comprehensive monitoring with the GPS tracker. Justice Ginsburg, writing for the unanimous panel, said the whole of a person's movements over a course of a month is not exposed to the public, but rather reveals an intimate picture of his or her life.

Should Technology Define Privacy Expectations?

The prosecution in the Jones case argued that where surveillance is on public roads, substitution of a beeper with GPS makes no difference. According to The Washington Times, the federal appellate courts in the 7th and 9th Circuit have already addressed this issue, and side with the prosecution's theory. Both courts have ruled that GPS use, even over a long period of time, is not a search within the meaning of the Fourth Amendment.

Technological advances continue to influence the body of criminal search and seizure law, prompting some to question whether the public expectation of privacy is or should be diminished with technological growth.

An unconstitutional search may be grounds for dismissal of all charges. Those who have been charged with, or arrested for, a crime should contact a lawyer promptly. A criminal defense attorney can protect your constitutional rights.

Article provided by The Law Offices of John W. Tumelty
Visit us at www.johntumeltylaw.com

Source: 24-7 Press Release

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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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welcom wipath

  • Variety of sizes Indoor/outdoor
  • Integrated paging receiver

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

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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

mobile data terminal

radio interface

  • 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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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 left arrow CLICK
E-mail: info@wipath.com left arrow CLICK
Phone: 770-844-6218
Fax: 770-844-6574
WiPath Communications

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Preferred Wireless

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preferred logo

Terminals & Controllers:
1 Glenayre SYC
1 Motorola C-NET Controller
1 Motorola ASC1500
2 Zetron 2200 Terminals
2 GL3100 RF Director 
4 Glenayre GLS2164 Satellite Receivers
1 GL3000L Complete w/Spares
2 GL3000ES Terminals
  Many Unipage Cards, Chassis
Link Transmitters:
2 Eagle Midband Link Transmitters, 125W
5 Glenayre GL C2100 Link Repeaters
1 Glenayre QT6994, 150W, 900 MHz Link TX
2 Glenayre QT4201, & 6201 25W & 100W Midband Link TX
3 Motorola 10W, 900 MHz Link TX (C35JZB6106)
2 Motorola 30W, Midband Link TX (C42JZB6106AC)
VHF Paging Transmitters
1 Motorola VHF PURC-5000 125W, ACB or TRC
8 Glenayre GLT8411, 250W, VHF TX
UHF Paging Transmitters:
24 Glenayre UHF GLT5340, 125W, DSP Exciter
6 Motorola PURC-5000 110 & 225W, TRC & ACB
900 MHz Paging Transmitters:
3 Glenayre GLT 8600, 500W
2 Glenayre GLT8200, 25W (NEW)
15 Glenayre GLT-8500 250W
35 Glenayre 900 MHz DSP Exciters
25 Glenayre GLT-8500 Final PAs
35 Glenayre GLT-8500 Power Supplies
Miscellaneous Equipment:
2 Glenayre Hot Standby Panels—New & Old Style
25 Hennessy Outdoor Wall-Mount Enclosures, 24"x30"x12" deep
3 Chatsworth Aluminum Racks

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

Too Much To List • Call or E-Mail
Rick McMichael Preferred Wireless, Inc. 888-429-4171 rickm@preferredwireless.com left arrow CLICK HERE
www.preferredwireless.com/equipment
left arrow OR HERE 

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Preferred Wireless

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EastWest Communications Inc.

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Media 1® live
by EastWest Communications Inc.

Real-time response to live events

spacer The audience may attend or view/listen to an event nationwide and respond in real time without requiring a computer — even respond while attending an event.

spacer Participate in sporting events, concerts, training programs or other programs to allow the producers to change the program based on audience participation.

Ed Lyda
P.O. Box 8488
The Woodlands, Texas 77387
Cell: 832-928-9538

E-mail: eastwesttexas@sbcglobal.net

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EastWest Communications Inc.

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Saving this space for your new ad.

 

 

 

 

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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)

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

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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.
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 left arrow CLICK HERE

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Hark Technologies

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UCOM Paging

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satellite dish ucom logo

Satellite Uplink
As Low As
$500/month

  • 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
acarle@ucom.com www.ucom.com

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UCOM Paging

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iPad may replace textbooks, playbooks

Posted on Feb 7, 2011 7:45 am by John P. Mello Jr., PCWorld

Editor’s Note: The following article is reprinted from the Today @ PC World blog at PCWorld.com.

ipadLegislators in Georgia and NFL coaches in Dallas are listening to the siren song of the iPad as a replacement for paper books in their bailiwicks. In the Peach State, Apple is pitching the iPad as a replacement for textbooks in the public schools. In Cowboy Land, America’s Team is considering ditching paper playbooks for the Apple tablet.

This week the Georgia Senate president pro tempore, Tommie Williams, acknowledged that Apple had approached the state with a sweet deal, according to Atlanta Journal Constitution political columnist Jim Galloway. For $500 a student annually, Apple would provide each student in Georgia’s middle schools with an iPad, set up wireless networks, load all the textbooks for system and take responsibility for upgrading the system and training teachers on how to use it.

One legislator with his hands on the state’s purse strings, though, cast a sour note on Apple’s proposal. “There’s a lot of groundwork that needs to be covered before we can even remotely consider moving forward,” said Tom Dickson, vice chairman of the House appropriations committee, in a report posted by a Fox TV station in Boston.

“You know what our budget’s like,” he added. “We’re not looking for new ways to spend money. We’re looking for new ways to save money, so it’s not something we’re going to jump into.”

Meanwhile in Dallas, the Cowboys’ head of technology, Pete Walsh told CNET that his team and at least two others are considering replacing their playbooks with iPads. The move could save the team the expense of printing 5000 pages of paper printouts per game.

However, one of Walsh’s concerns about the move is security. Walsh isn’t alone in this concern—he said that the issue of security is being mulled by ever NFL team that is considering adopting tablets in lieu of playbooks.

Source: Macworld

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its stil here

 

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

We also offer refurbished Alphamate 250’s, Alphamate IIs, the original Alphamate and new and refurbished pagers, pager repairs, pager parts and accessories. We are FULL SERVICE in Paging!

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

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Phil Leavitt
847-955-0511
pcleavitt@leavittcom.com

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7508 N. Red Ledge Dr.
Paradise Valley, AZ 85253

www.leavittcom.com

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LETTERS TO THE EDITOR

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From: Michael Mann <mmann4tsr@yahoo.com>
Subject: A few items to list for sale...
Date: February 6, 2011 6:08:43 PM CST
To: Brad Dye

Brad, could you please do a sales listing for me in the next newsletter? I understand about your 10% commission, and I think that's a fair deal.

I have a SignalPro set in fantastic condition, it includes everything that originally came with the unit. It has two 900 MHz DSP receivers, magnetic mount GPS antenna, manual, stubby receive antenna, AC and DC power cords, PC software (three different versions), and the factory soft case that holds it all. It even has an adapter that lets you decode TTL levels directly from a paging terminal. I'm asking $700 for it, but will entertain any reasonable offer.

I also have 2 each of the following, all are 900 MHz:

  • Nucleus II PA
  • Nucleus matched pair
  • Nucleus internal C-NET controller

These were all working when removed from service and have been in my dry basement for about 3 years, I am unable to retest them at this point. I'm asking $100 each, or the whole shebang for $500. The matched pairs are considered a single unit.

Buyer to pay shipping, I will utilize whatever carrier you prefer.

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UNTIL NEXT WEEK

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Brad Dye
With best regards,

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Newsletter Editor

73 DE K9IQY

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Wireless Messaging News
Brad Dye, Editor
P.O. Box 266
Fairfield, IL 62837 USA

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Skype: braddye
Telephone: 618-599-7869

E–mail: brad@braddye.com
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THOUGHT FOR THE WEEK

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“If you look for truth, you may find comfort in the end; if you look for comfort you will not get either comfort or truth only soft soap and wishful thinking to begin, and in the end, despair.”

—C. S. Lewis

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left arrow Newspapers generally cost 75¢ a copy and they hardly ever mention 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 willing and able, please click on the PayPal Donate button to the left.

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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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THE WIRELESS MESSAGING NEWSLETTER & THE PAGING INFORMATION RESOURCE

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