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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.

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Six technologies poised to revolutionize PCs in 2015

Dec 16, 2014 8:19 AM
By: Agam Shah
PCWorld

In an era of slick gadgets, PCs are the dinosaurs, ensnared in wire clutter, sporting tired 2D cameras and stricken with the occasional blue screen of death. Technology coming up in 2015, though, is set to make PCs more interactive, fun and perhaps nosier than you’d like them to be.

Apple’s iPad changed the way people viewed computers and spurred PC innovation. Hardware makers drew ideas from mobile devices, gaming consoles and even 3D printers to rethink the PC, and the resulting new technologies will have a profound effect on how laptops and desktops are used next year and into the future.

Perhaps the most interesting idea is Intel’s “wire-free” PC, in which wireless technology will replace display, charging and data transfer cables. Chip maker Intel next year will show an experimental laptop that has no ports, and relies completely on wireless technology to connect to monitors and external storage devices.

Interactive computers will have 3D cameras that behave more like eyes, with the ability to recognize objects and measure distances. Sensory input through sound, voice and touch will help PCs respond to and anticipate our needs.

And like every year, PCs will get thinner, faster, lighter and have longer battery life. Games and movies will look smashing with higher-resolution displays. The new technology, however, will come with a price.

Here are six disruptive technologies that could change the face of computing in the next year:

Wireless charging

Place a laptop on a table, and it’ll automatically start charging. No wires needed, no need to carry a power brick. That’s how Intel views wireless charging for laptops, which could become a reality next year. Intel wants to make wireless chargers as easy to find as a Wi-Fi signal, and wants to bring the technology to cafes, restaurants, airports and other public places so laptops can be recharged without power adapters. The first laptops with wireless charging could come out next year, and Intel has shown a few prototypes laptop being recharged on a table.

Intel is backing the Rezence magnetic resonance wireless charging technology, promoted by the Alliance for Wireless Power, or A4WP. The power flow will initially be limited, enough to wirelessly recharge ultra-portables and hybrids. Plans call for increased power output to recharge mainstream laptops. But getting the technology to public places and entertainment spots could take some years. Some cafes and restaurants already provide wireless charging bases for tablets and smartphones, and are interested in adding laptops to the mix.

Beam the image, Scotty

It may also become possible to connect laptops wirelessly to displays, which could eliminate expensive HDMI or DisplayPort display cables. A wireless display will start working as soon as a laptop is within range. Intel envisions a laptop ultimately being able to connect to multiple wireless monitors, which could be useful in classrooms or meetings. One laptop will be able to stream to monitors on multiple desks. Intel is pushing the initial idea through a “smart dock” that connects a laptop to a wireless monitor.

Wireless displays will gain momentum with the growing adoption of WiGig, a faster version of Wi-Fi that can handle wireless 4K video streams without any lag. In addition to Intel, Qualcomm will bring WiGig to smartphones and tablets next year, so users will be able to stream Netflix directly from a smartphone or tablet to a wireless TV. Display makers will also build WiGig technologies into monitors and TVs in the coming years.

Creative desktops

From its origin as a dull white box, the desktop has become a hub of creativity and imagination, with technologies like depth-sensing cameras and 3D printing spinning off a variety of innovations.

One example is HP’s Sprout, which looks like a normal all-in-one PC, but packs the latest imaging and collaboration technology. At the base of Sprout is a giant touch pad called a Touch Mat, which is a dual-purpose digital canvas on which images can be scanned and also manipulated. A 3D depth-sensing camera lodged in Sprout scans the objects placed on the Touch Mat—for example, if a coffee mug is placed on the canvas, the 3D camera will scan it to depth and size. A projector on top of Sprout can then reflect the scanned image of a coffee mug on the Touch Mat, which artists can then manipulate by touching the digital canvas. HP says the scanning and manipulation could be useful for creating objects that could be 3D-printed. But at $1,899, Sprout is considered an expensive experimental desktop.

Otherwise, Dell has developed a “smart desk,” with an all-in-one PC beaming a virtual keyboard onto a desk on which users can type. It’s an interesting concept, but a proper keyboard may be a better idea.

Interactive computers

Computers will become more perceptual with a combination of gesture, voice and visual recognition technologies being installed in PCs.

Starting next year, 2D cameras in PCs will be replaced by Intel’s RealSense 3D cameras, which will be able to recognize objects and even measure distances between items. The camera’s Kinect-like gesture recognition capabilities will also make PC gaming hands free and interactive. Intel has lofty goals, aiming to combine visual, voice and sound input to recognize human moods and reading habits. While those won’t happen in the coming year, the 3D camera will certainly make Skype chats more fun.

Biometric sensors

Soon, your body could log you into an email account.

By the end of this year, Intel will be providing software so users can log in to websites via biometric authentication. It serves two purposes: biometric authentication is relatively reliable and secure, and users won’t have to remember dozens of passwords for different sites. Apple already uses biometric authentication to authorize credit card payments through its Apple Pay service, and Intel wants to bring a similar concept to PCs. Expect the fingerprint reader to become more useful starting next year.

Thinner, faster, lighter, better

Laptops, tablets, hybrids—with so many options available, buying PCs isn’t easy, and it won’t get any easier next year with more innovative designs set to become available.

Computers will get thinner as PC makers introduce laptops that are as thin as 15 millimeters. Computers will offer longer battery life with the new Broadwell and Skylake processors from Intel and Carrizo chips from Advanced Micro Devices. New DDR4 memory will make applications and games run faster in desktops. Next year, Microsoft’s Windows 10 OS will replace the controversial Windows 8. Expect the OS to take advantage of these new technologies.

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Microsoft combats tech support scammers with lawsuit

The software giant is trying to crack down on scammers that allegedly took advantage of consumers by claiming their PCs were infected with malware.

by Lance Whitney
@lancewhit December 19, 2014 7:52 AM PST
c|net

Microsoft said it believes that Americans lose around $1.5 billion each year as a result of these scams. Microsoft/YouTube/screenshot by Lance Whitney/CNET

Have you ever received a phone call from someone claiming to be from Microsoft who says he's detected a virus on your computer and, for a certain fee, he can fix it for you? If so, that's most likely a scam. And it's one that Microsoft is now trying to fight through legal means.

On Thursday, Microsoft's Digital Crimes Unit filed a civil lawsuit in the Central District of California against a company called Omnitech Support and other firms for "unfair and deceptive business practices and trademark infringement." In the suit detailed in a blog posted on Thursday, Microsoft charges that Omnitech Support, a division of Customer Focus Services, has misused the Microsoft name, trademarks and service, all in an attempt to scam consumers out of money or personal information by pretending that their PCs were infected by malware.

These types of scams follow a familiar pattern: Someone calls you up and claims to be from Microsoft or a Microsoft partner. The person says that he's somehow detected a virus on your computer. The scammer then convinces you to install remote control software on your PC so that he can gain actual access to it. Once the scammer is able to control your PC, he typically installs some type of scareware that simulates a virus. From there, the person tells you that he can fix the problem, but only if you pay a certain fee. If you agree, the scammer then gains access to your credit card information and often other personal information.

"In some instances, Omnitech has actually created security issues for victims by gaining access to their computers and installing malicious software, including a password grabber that could provide access to personal and financial information," Microsoft said in its blog.

To back up its legal case, Microsoft used investigators who made contact with the defendants named in the lawsuit. In each case, the investigators worked with a computer that did not contain any viruses or malware. But each defendant claimed that the computer was infected by malware or that Windows was corrupted and as such wanted to charge a large fee to fix the issue.

Many customers who were affected by one of these scams contacted Microsoft to complain that their computers were in worse shape after the scammers got through with them. In its legal brief, Microsoft said it believes that Americans lose around $1.5 billion each year as a result of these scams.

Microsoft summed up its complaint against the defendants through the following statement in its legal brief:

Defendants have, without authorization, used and misused the Microsoft name and Microsoft's registered trademarks and service marks in commerce in connection with the provision of phony technical support services. Defendants have utilized the Microsoft trademarks and service marks to enhance their credentials and confuse customers about their affiliation with Microsoft. Defendants then use their enhanced credibility to convince consumers that their personal computers are infected with malware in order to sell them unnecessary technical support and security services to clean their computers. In some instances, Defendants actually create security issues for consumers by gaining access to their computers and stealing information stored on them.

Due to the actions of the defendants, Microsoft charges that it has suffered a loss of goodwill and is seeking a permanent injunction on the actions of the defendants as well as financial damages. As part of the civil suit, Microsoft is asking the court for a jury trial.

Microsoft and Omnitech Support did not respond to a request for comment.

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

SEASON’S GREETINGS In lieu of holiday cards this season, BloostonLaw will be making a donation to Healthcare for the Homeless, a local charity program. We wish our clients a happy and safe holiday season! In observance of the holiday, we will not publish the newsletter until Jan. 7. Our office will be closed Dec. 24-26 and closing at 2pm Dec. 31.

Headlines

FCC Adopts CAF Phase II Order, Increases Broadband Speed Requirement to 10 Mbps

As expected, the FCC adopted an Order at its December 11 Open Meeting resolving some of the further rulemaking proposals set forth in the June 10, 2014 Omnibus USF Order. At this time, the text of the Order itself is not available.

According to a press release issued by the FCC on the day of the meeting, the main expectation regarding the contents of the Order has been borne out – specifically, that the FCC would increase the minimum broadband speed associated with universal service support to 10 Mbps downstream and 1 Mbps upstream (see BloostonLaw Telecom Update of November 25, 2014). The FCC’s press release also indicates that the Order (i) increases the term of support for price cap carriers from five years to six years, with an option for a seventh year in certain circumstances; (ii) provides increased flexibility in CAF build-out requirements; (iii) forbears from certain universal service obligations in low-cost census blocks where price cap carriers are not eligible to receive CAF support and census blocks where carriers face competition; and (iv) requires recipients that decline CAF support in a state to continue to deliver voice service to high-cost census blocks until replaced through a competitive bidding process by another subsidized carrier.

The press release also indicates that the Order “makes changes that will distribute traditional universal service support for small carriers more equitably and curb waste.” This appears to refer to the FCC’s proposal to deal with the High Cost Loop Support (HCLS) mechanism cap by freezing the national average cost per loop, and then reducing the support of all HCLS recipients by the same percentage if the cap is exceeded (rather than eliminating all of the HCLS support for certain of the lower cost companies). It does not appear (but is not yet absolutely certain) that the FCC has adopted its proposal to deny HCLS and Interstate Common Line Support (“ICLS”) for new construction after a date certain in areas already served by a qualified competitor.

FCC Issues E-Rate Order, Increases E-Rate Spending Cap by $1.5 Billion

In another as-of-yet unreleased Order adopted at its December 11 meeting, the FCC made a number of changes to the Schools and Libraries universal service support program (known as the E-Rate Program). As we reported in the November 19 edition of the BloostonLaw Telecom Update, the highlight of this Order is a $1.5 billion increase in the annual cap on the size of the program, taking it from $2.4 billion to $3.9 billion.

According to the news release issued on the day of the meeting, the Order also “takes further steps to improve the overall administration of the program and maximizes the options schools and libraries have for purchasing affordable high-speed broadband connectivity” by:

• Suspending the requirement that applicants seek funding for large up front construction costs over several years, and allowing applicants to pay their share of one-time, up-front construction costs over multiple years.
• Equalizing the treatment of schools and libraries seeking support for dark fiber with those seeking support for lit fiber.
• Allowing schools and libraries to build high-speed broadband facilities themselves when that is the most cost-effective option, subject to a number of safeguards.
• Providing an incentive for state support of last-mile broadband facilities through a match from E-rate of up to 10% of the cost of construction, with special consideration for Tribal schools and libraries.
• Requiring carriers that receive subsidies from the High Cost program to offer high-speed broadband to schools and libraries located in geographic areas receiving those subsidies at rates reasonably comparable to similar services in urban areas.
• Expanding the five-year budget approach to providing more equitable support for internal connections (Category Two) through funding year 2019.

Commissioner O’Rielly continued to criticize the effort, noting in his dissent that, “a person can support E-rate, E-rate modernization, and the good work of the panelists and yet not be in favor of this particular item. Sadly, this item makes the E-rate program more complex, less efficient, and potentially wasteful. Therefore, I cannot support it.”

FCC Seeks Comment on Incentive Auction Procedures

The FCC late yesterday released a Public Notice seeking comment on detailed proposals for conducting the broadcast television spectrum incentive auction, which is currently expected to be held in early- to mid-2016. Comments are due on or before January 30, 2015, and reply comments are due on or before February 27, 2015.

The broadcast incentive auction is the process that will allow the FCC to repurpose and grant new Partial Economic Area (PEA) geographic licenses for 600 MHz band spectrum that is voluntarily relinquished by broadcasters. The FCC expects that 600 MHz licenses will be used to increase the speed, capacity and ubiquity of mobile broadband service available to consumers and businesses throughout the country.

The Public Notice is intended to establish the final procedures for the incentive auction, so it is vital that entrepreneurs and companies who may choose to bid participate in the joint comments so the FCC is aware of the need to adopt procedures and rules that ensure a level playing field for small and rural carriers. With bid prices in the current AWS-3 auction (Auction 97) at a record $44 billion and still rising, it will be more important than ever that the Commission adopt procedures that promote small carrier bidding and consortia, and so they are not priced out of the auction. The FCC is seeking input on crucial auction design issues, implementing decisions the Commission made in its May 2014 Incentive Auction Report and Order, including:

• The methodology for establishing opening prices for the reverse and forward auctions;
• How to determine an initial spectrum clearing target and measuring the extent of potential impairments due to inter-service interference;
• The components of the final stage rule which establishes the conditions that must be satisfied before the auction can successfully conclude;
• The implementation of the market-based reserve the Commission adopted in the May 2014 Mobile Spectrum Holdings Report and Order; and
• The factors to be considered in “optimizing” channel assignments when determining the initial auction clearing target and the final channel assignments after the auction closes.

“We have worked hard to make sure that the incentive auction will be a win for multiple stakeholder groups—broadcasters, carriers big and small, consumers, and taxpayers,” wrote FCC Chairman Tom Wheeler in a statement supporting the item. “I am confident that the proposals in today’s item will lead to an auction that creates value for the public and all stakeholders.”

We are in the process of reviewing the 167-page document, and evaluating how the Commission’s complex and novel incentive auction proposals will impact our law firm’s small business and independent telco clients. We expect to have draft comments prepared for our clients to review in mid-to-late January, prior to the comment deadline. Clients with particular questions or concerns to be addressed in the comments should contact us.

Comment Sought on IntraMTA Petition for Declaratory Ruling; Will Impact Related Lawsuits

The FCC seeks comment on the Petition for Declaratory Ruling filed by a group of rural LECs, asking the FCC to confirm that the intraMTA rule, under which intraMTA calls exchanged between LECs and CMRS providers are subject to reciprocal compensation, does not apply to LEC charges billed to an IXC when the IXC terminates traffic or receives traffic from a LEC via tariffed switched access service. Comments on the Petition are due February 9, 2015. Reply comments are due March 11, 2015.

The Petitioners include CenturyLink, Bright House Networks, Consolidated Communications, Cox, FairPoint, Frontier, LICT, Time Warner Cable, Windstream, 108 Iowa RLECs, and the Missouri RLEC Group. The Petition was prompted by numerous lawsuits filed by IXCs, primarily Sprint and Verizon, claiming that LECs cannot apply access charges to allegedly wireless intraMTA calls. The IXCs are withholding access charge payments and seeking refunds for access charges previously paid. In addition to the Petitioners, a number of our LEC clients have been named in these lawsuits. The Commission's action on the Petition should resolve the primary legal question in these lawsuits and possible future lawsuits based on this claim. Accordingly, all LECs will be impacted by this proceeding.

Wireline Competition Bureau to Hold Special Access Data Collection Webinar; Updates FAQ

On December 12, the FCC’s Wireline Competition Bureau issued a Public Notice announcing it will host a public webinar on December 18 to provide a walk-through of the database container for the Special Access Data collection. The Public Notice also indicates that Bureau staff will discuss the procedures for creating and loading the database container and answer questions.

The Wireline Competition Bureau also updated the special access data collection FAQs, which provide answers to non-technical questions.

Law & Regulation

Deadlines for Unlicensed Use of 600 MHz Band and Wireless Microphone Proceedings Extended

On December 10, the FCC adopted an Order extending the deadline for comment in the proceeding on unlicensed operations in the televisions and repurposed 600 MHz bands (ET Docket No. 14-165, GN Dockets No. 14-166 and 12-268). Comments are now due on February 6, 2015 and reply comments are now due on February 25, 2015.

The proceeding addresses two separate Notices of Proposed Rulemaking (NPRMs) the FCC issued on September 30, 2014. One NPRM proposes and seeks comments on rules for unlicensed operations in the frequency bands that are now and will continue to be allocated and assigned to broadcast television services (TV bands), including fixed and personal/portable white space devices and unlicensed wireless microphones. The other NPRM specifically focuses on examining wireless microphone users’ needs and technologies that can potentially address those needs. It also seeks comment on a variety of existing and new spectrum bands that might accommodate those respective needs.

Commission Announces First Quarter USF Contribution Factor for 2015

The FCC’s Office of Managing Director released a Public Notice on December 15, 2014, announcing a proposed USF contribution factor for First Quarter 2015 of 15.7 percent, down from 16.6 percent in the previous quarter.

According to the Public Notice, contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the FCC, based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors’ total projected collected end-user interstate and international telecommunications revenues, net of projected contributions.

If the FCC takes no action regarding the projections of demand and administrative expenses and the proposed contribution factor within 14 days following release of the Public Notice, they are deemed approved and the contribution factor will be used by USAC to calculate first quarter 2015 universal service contributions.

Industry

Comcast Sued for Using Private Routers to Offer Public Wi-Fi

Multiple news sources are reporting that two San Francisco residents have instituted a class-action suit against Comcast for “exploiting them for profit” by using the router they lease from Comcast as part of a nationwide network of for-pay public hotspots.

According to the complaint, “Within the past several years, Comcast began supplying its residential customers with new wireless routers, equipped to broadcast not only its customers’ home Wi-Fi network signal, but also an additional Wi-Fi network signal that was available to the public.” This equipment, which Comcast allegedly does not obtain customer’s permission to use in this manner, “consume[s] vastly more electricity in order to broadcast the second, public Xfinity Wi-Fi Hotspot…”; degrades performance of the home network; and “subjects the customer to potential security risks, in the form of enabling a stranger who wishes to access the Internet through the customer’s household router, with the customer having no option to authorize or otherwise control such use.”

The complaint alleges that Comcast’s actions violate the Computer Fraud and Abuse Act; California’s Unfair Competition Law; and the Comprehensive Computer Data Access and Fraud Act of the California Penal Code. The plaintiffs are seeking injunctive and declaratory relief, restitution, and monetary damages.

According to Fast Company, Comcast defends the hotspots, claiming that they “consume minimal extra power and do not pose security risks because they are walled off as a separate IP address.” Fast Company further reports that Comcast acknowledges that neighborhoods with many routers can result in interference and impact the speed of connections, but that such interference would be minimal.

Netflix Responds to Commissioner Pai on Fast Lane Allegations

As we reported in the December 3 edition of the BloostonLaw Telecom Update, FCC Commissioner Ajit Pail wrote a letter to Netflix CEO Reed Hastings asking why Netflix advocates a free and open internet while at the same time working to secure so-called “fast lane” deals with ISPs. On December 11, Netflix replied.

In his letter, Commissioner Pai wrote, “Netflix has been one of the principal advocates for subjecting Internet service providers (ISPs) to public utility regulation under Title II of the Communications Act, arguing that this step is necessary to prevent the development of so-called "fast lanes" on the Internet. For this reason, the Commissioner continued, he “was surprised to learn of allegations that Netflix has been working to effectively secure "fast lanes" for its own content on ISPs' networks at the expense of its competitors.”

Netflix responded by explaining the purpose of its content delivery networks (CDNs), Open Connect, and asserting that Open Connect is not a “fast lane” and does not prioritize Netflix data. Similarly, when Netflix directly interconnects with an ISP instead of using the CDN, as in the case of the oft-reported deals Netflix struck with Comcast and others, Netflix data does not travel faster than other Internet content unless the ISP is artificially constraining capacity to other data sources.

Pai also noted his understanding that, “Netflix has at times changed its streaming protocols where open caching is used, which impedes open caching software from correctly identifying and caching Netflix traffic.” Netflix responded that it does not impede proxy caches by changing protocols, but does obscure certain URL structures “to protect [its] members from deep packet inspection tools deployed to gather data about what they watch online.”

Deadlines

FEBRUARY 2: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT. Any wireless or wireline carrier (including paging companies) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by February 2 (as February 1 falls on a Sunday this year). Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30. [emphasis added]

Calendar At-a-Glance

December
Dec. 17 – Comments are due on Part 22 Technical Changes.
Dec. 19 – Reply comments are due on Unauthorized EAS Alert Public Notice.
Dec. 22 – Comments due on Broadband Speed, Latency Testing Methodology.
Dec. 22 – Reply comments are due on US Telecom Petition for Forbearance from Certain Wireline ILEC Regs.
Dec. 23 – Reply comments are due on TracFone Petition for Declaratory Ruling on 911 Taxes.
Dec. 24 – Comments are due on Robocall and Call-Blocking Issues.
Dec. 24 – Reply comments are due on E911 Location Accuracy “Roadmap.”

January
Jan. 8 – Reply comments are due on Robocall and Call-Blocking Issues.
Jan. 15 – Annual Hearing Aid Compatibility Report is due.
Jan. 19 – Reply comments on Part 22 Technical Changes are due.
Jan. 29 – Deadline for Special Access Data Collection for large businesses with more than 1,500 employees.
Jan. 30 – Comments are due on the FCC’s Incentive Auction Procedures.
Jan. 31 – FCC Form 555 (Annual Lifeline ETC Certification Form) is due.

February
Feb. 2 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Feb. 2 – FCC Form 502 (Number Utilization and Forecast Report) is due.
Feb. 6 – Comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Feb. 9 – Comments are due on the IntraMTA Petition for Declaratory Ruling.
Feb. 25 – Reply comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Feb. 27 – Deadline for Special Access Data Collection for small businesses with less than 1,500 employees.
Feb. 27 – Reply comments are due on the FCC’s Incentive Auction Procedures.

March
Mar. 11 – Reply comments are due on the IntraMTA Petition for Declaratory Ruling.

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Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects.

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Wireless Network Planners
Wireless Specialists

www.wirelessplanners.com
wirelessplannerron@gmail.com

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

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

COMMENTS

The BloostonLaw Paging Licensees listed in Attachment A hereto (“BloostonLaw Licensees”) hereby submit comments in connection with the Commission’s inquiry into regulatory changes that are necessary to foster additional technical and operational flexibility in the future.¹ The BloostonLaw Licensees believe that by providing a flexible regulatory environment, licensees will be able to make better use of this under-utilized spectrum for a variety of purposes, including control and two-way dispatch.

In order to make the Part 22 Paging and Radiotelephone Service spectrum available for its best and highest use, the BloostonLaw Licensees believe that the Commission should take the following actions:

1. Amend Section 20.9 to eliminate the requirement that the Paging and Radiotelephone Service be classified as Commercial Mobile Radio Service (“CMRS”);
2. Confirm that licensees may utilize trunked operations on VHF and UHF frequencies to provide communications services to the public and/or to meet private internal communications needs;
3. Clarify that equipment that has been certified as compliant for use under Part 90 of the Commission’s Rules may also be used for private internal communications on Part 22 spectrum;
4. Allow alternative engineering showings in lieu of interference formulas as contained in Rule Sections 22.537 and 22.567; and
5. Amend Rule Section 22.503 in order to eliminate the requirement for licensees using Part 22 spectrum for private internal communications to meet a population coverage requirement.

The Commission Should Eliminate the Rule Section 20.9(a)(6) Requirement that Part 22 Paging Spectrum be Regulated as Commercial Mobile Radio Services (“CMRS”)

The Commission should eliminate current Rule Section 20.9(a)(6) as unnecessary and inconsistent with its latest amendment to Rule Section 22.7, which eliminated the common carrier requirement for licensees under Part 22 off the FCC’s Rules.² At the time the Commission adopted Rule Section 20.9(a)(6), eligibility in the Public Mobile Services – including the Paging and Radiotelephone Service – was limited to common carriers by former Rule Section 22.7. This restriction was adopted at a time when licenses in the Public Land Mobile Radio Service (predecessor to the Paging and Radiotelephone Service) were issued solely for the provision of paging and two-way mobile telephone services on a common carrier basis.³ Since that time, the FCC has amended Part 22 of its rules to permit the provision of other services, including cellular radiotelephone and dispatch services. Additionally, in more recent years, other wireless services have emerged, including Conventional Industrial/Business Pool Commercial Service, 800 MHz Specialized Mobile Radio Service (SMR), Narrowband Personal Communications Service, Broadband Personal Communications Service, and the commercial 700 MHz Services – all of which enable their subscribers to receive text messaging services as an alternative to traditional paging services. Thus, the Part 22 Paging and Radiotelephone Service is by no means the sole source of spectrum for providing paging or text messaging services to the public. Moreover, as cellular and other advanced wireless services have proliferated, the need for paging and common carrier radiotelephone service has exponentially diminished. As a result, the Commission has acknowledged the need to expand the possible uses for the Part 22 Paging and Radiotelephone Service spectrum. As a result, in 2005, the FCC amended Rule Section 22.7 to eliminate the common carrier eligibility restriction for the Part 22 Public Mobile Services.⁴

As early as 2002, the FCC recognized in its Seventh Annual CMRS Competition Report, that “competition within the mobile data sector is developing successfully, as evidenced by the multitude of dynamic services, service packages, and pricing plans that are available to customers from a variety of providers.”⁵ In the paging/mobile data subsector, the FCC estimated that 18 million paging units were in service as of mid-2001, and that there were hundreds of paging carriers competing for business.⁶ Since that time, the number of paging carriers has dropped precipitously due to competitive pressures in the telecommunications industry, due primarily to customer demands for multiple wireless services provided from a single device that paging carriers are simply not able to provide. Because of this precipitous drop in paging customers, the Commission, in 2014, proposed to eliminate the regulatory fee for paging carriers recognizing that the number of paging subscribers has significantly diminished and therefore accounts for a small amount of regulatory fees.⁷

The FCC’s recent actions demonstrate that the restrictions in Rule Sections 20.9 are unnecessary. These actions have been in furtherance of the Commission’s goal of allocating spectrum in accordance with its highest and best use.⁸ The Commission has, over the years, modified its rules to provide greater flexibility in communications service offerings in the paging bands. For example, in the Flexible Frequency Allocation Order (1989),⁹ the Commission determined that it is “preferable to permit the market place to determine which common carrier services will be offered on the conventional two-way mobile frequencies, rather than to specify permitted uses over these channels, which specifications may unnecessarily restrict the introduction of new kinds of common carrier services.”¹⁰ As a result, the Commission amended Part 22 of its rules to “permit licensees of two-way common carrier channels to offer any type of mobile two-way or one-way common carrier services, to use their channel capacity for common carrier control or any other common carrier point-to-point function, and to resell their channel capacity for mobile common carrier uses.¹¹

In 1995, the FCC modified its rules to permit Part 22 licensees to utilize their facilities to provide dispatch services, so long as interconnected commercial service also remained available.¹² And, in 1997, the FCC concluded in its order adopting competitive bidding rules for the paging services that Private Mobile Radio Service (“PMRS”) licensees would be eligible to bid on exclusive use paging licenses at auction.¹³ In particular, the Commission stated “[t]o the extent that a PMRS provider may use or wish to obtain an exclusive channel for which we are establishing geographic licensing and competitive bidding, the geographic licensing and competitive bidding rules adopted herein will apply.”¹⁴

The Commission thus clearly intended to make PMRS licensees eligible to apply for and use Part 22 exclusive paging spectrum on a non-common carrier and/or private, internal use basis, without regard to the then extant language of Section 22.7 of the Commission’s Rules. Likewise, where spectrum is used on a private carrier and/or private internal use basis, regulation as non-CMRS would be appropriate.

In recognition that the common carriage eligibility restriction of Rule Section 22.7 had outlived its usefulness, the FCC determined that elimination of this restriction in Rule Section 22.7 would be in the public interest and, more importantly, amended Rule Section 22.7 by replacing any references to the term “common carrier” with the term “licensee.”¹⁵ In taking this action, the FCC concluded that the common carrier eligibility restriction is inconsistent with the open eligibility for other wireless services intended by the Commission and, as a result, conflicts with the Commission’s regulatory parity policy and is at odds with the Congressional mandate that spectrum be put to its “highest and best use.” Accordingly, the Commission should now eliminate subsection (a)(6) from Rule Section 20.9 in order to conform Rule Section 20.9 to Rule Section 22.7 as amended in WT Docket No. 03-103.

The FCC Should Confirm that Part 22 Licensees are Permitted to Trunk Frequencies for More Efficient Use of the Two-Way Frequencies Allocated to the Paging and Radiotelephone Service.

The Commission has allocated VHF and UHF spectrum for use on a one-way and two-way basis. Since the advent of the Improved Mobile Telephone Service (“IMTS”) in the mid-1960s, IMTS had significant advantages over Mobile Telephone Service (“MTS”) because it greatly increased spectrum efficiencies by utilizing automatic trunking and reducing channel bandwidth.¹⁶ While the FCC’s Rules did not explicitly address the use of trunked systems in the former Part 22 Public Land Mobile Service (and now the Part 22 Paging and Radiotelephone Service), the FCC can take official notice that it authorized, without rule waiver, the construction and operation of numerous IMTS systems throughout the United States on the VHF and UHF two-way frequencies.

For many years, Part 90 private radio licensees have known that trunked multi-channel systems are more efficient and profitable to operate than multi-channel conventional systems because trunked systems can accommodate many more mobile/subscriber units. These same considerations apply to the provision of dispatch services that utilize Part 22 spectrum.

The BloostonLaw Licensees agree that permitting trunked operations on the Part 22 Paging and Radiotelephone Service frequencies is consistent with the regulatory flexibility scheme already in place for the Paging and Radiotelephone Service. Therefore, the Commission should take this opportunity to confirm that Part 22 licensees may continue to use their spectrum for trunked operations – whether it be for an IMTS service or some other type of service.

The Commission Should Allow Private Internal Use Licensees to Use UHF and VHF Equipment that Has Been Certified for Use Under Part 90 of the FCC’s Rules.

As more Part 22 spectrum is used to meet the private internal communications needs of licensees in the Paging and Radiotelephone Service, it has become apparent that equipment which has been approved for use under Part 90 should also be automatically approved for use under Part 22 – provided that the equipment is being used by the licensee to meet its private internal communications needs. The Commission can take official notice that the 35/43 MHz, VHF and UHF Part 22 frequencies are similar in nature to the Part 90 spectrum in those bands. Additionally, the 72-76 MHz control channels are the same and used virtually in the same manner. Because of these similarities, it no longer seems reasonable to limit Part 22 internal use licensees from using equipment that has been approved for use under Part 90 of the Commission’s Rules. With the frequency structure being similar and the usage being virtually identical, there is little or no likelihood of interference to other Part 22 operations. And, by allowing Part 22 licensees to utilize Part 90 equipment for internal use communications, the FCC would be allowing licensees to integrate their Part 22 and Part 90 channels into a single operational system which would only require the use of a single mobile unit per user. That said, by allowing the integration of similar Part 22 and Part 90 channels into a single system, licensees will be able to maintain a common equipment stock (and even reuse existing equipment) without having to purchase separate Part 22 and Part 90 equipment – thereby reducing the costs for necessary expansion of private internal communications systems. Accordingly, it is respectfully submitted that the public interest would be served by this change.

Part 22 Licensees Should be Allowed to Utilize Alternative Real-World Propagation Studies in Order to Demonstrate Population Coverage under Rule Section 22.503

In the 1994 re-write of Part 22, the Commission adopted mathematical formulae in Rule Sections 22.537 and 22.567 to replace the old Carey contours.17 While these mathematical formulae were intended to (a) be relatively simple to use and (b) closely replicate the Carey contours, there are circumstances where the contour formulae in Rule Sections 22.537 and 22.567 do not accurately reflect a transmitter’s actual propagation characteristics, due primarily to the unique topographical characteristics of the area. As a result, the calculated service and interference contours under Rule Sections 22.537 and 22.567 can understate the transmitter’s actual reliable service and interference contours. For this reason, the BloostonLaw Licensees urge the Commission to allow licensees to make an alternative showing that is based upon a real world propagation analysis. In this way, licensees who are actually able to serve areas that are larger than the contours depicted under Rule Sections 22.537 and 22.567 would be able to demonstrate a more accurate population coverage. And, the public interest would be served since the Commission and co-channel licensees would have a more accurate representation of the area served by a particular transmitter; thereby reducing the potential for harmful interference.

Private Internal Use Facilities Must be Treated Differently than Facilities Constructed for Commercial Use.

When the Commission adopted Rule Section 22.503, virtually all of the available paging channels were being used to provide commercial one-way paging, two-way IMTS or fixed BETRS services. It was only in connection with Auction Event Nos. 40 and 48 that private licensees became interested in using this spectrum to meet private internal communications requirements that could not otherwise be satisfied using Part 90 shared spectrum. As a result, the construction coverage requirements and even the substantial service requirements as generally applied by the Commission’s staff do not fit how licensees make use of spectrum for private internal use purposes. For this reason, the BloostonLaw Licensees believe that Rule Section 22.503 should be amended to cover two classes of licensees, as follows:

- Commercial Service – Population Coverage/Niche Service/Substantial Service as currently specified in the FCC’s Rules; and

- Private Internal Use – A description of how the system is being used to meet the internal communications needs of the licensee.

For private internal uses, the traditional population coverage model is inappropriate since licensees are not seeking to provide service to others. Rather, internal use communications are communications that are designed to meet the particular needs of the licensee – whether it be a public safety entity, a public utility, a service delivery firm, an automobile emergency service, etc. Each of these entities has one thing in common – namely the need for spectrum to meet an internal communications need that could not otherwise be satisfied with spectrum licensed under Part 90 of the Commission’s Rules. In this regard, it is well settled that in deleting the common carriage language from Rule Section 22.7, the Commission intended to expand the scope of eligible Part 22 licensees to include any qualified licensee and not just common carriers. Further, the Commission recognized in the auction context that private internal use of this spectrum was appropriate – especially given the fact that the Commission sought the highest and best use of the spectrum based upon who was willing to pay the most for the particular license. Had the Commission not wanted this spectrum put to use for private internal uses, it (a) would never have routinely granted waivers of Rule Section 20.9(a)(6) and (b) would not have specifically allowed for the licensing of spectrum for private internal use purposes in the auction context. Because population coverage and the FCC’s application of its substantial service rules runs contrary to the reason licensees acquire spectrum for private internal use purposes in the first instance, the public interest would be served by a modification of Rule Section 22.503 to treat private internal use licensees differently from common carrier/CMRS licensees.

Conclusion

The BloostonLaw Licensees respectfully submit that the changes recommended herein will make the use of the Part 22 Paging and Radiotelephone Service frequencies more flexible to meet future demands for service.

		Respectfully submitted, BloostonLaw Paging Licensees
	By:
		Harold Mordkofsky Richard D. Rubino Their Attorneys
Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP 2120 L Street, N.W., Suite 300 Washington, DC 20037 Tel. (202) 659-0830 Dated: December 17, 2014

¹ Wireless Telecommunications Bureau Reminds Paging and Radiotelephone Service Licensees of Certain Technical Rules and Seeks Comment on the Need for Technical Flexibility, Public Notice, WT Docket No. 14-180, 29 FCC Rcd 12673 (WTB, rel. Oct. 17 2014).
² See 70 FR 19307, Apr. 13, 2005
³ The FCC can take official notice that the Part 22 services were originally regulated in the Common Carrier Bureau.
⁴ In re Biennial Regulatory Review – Amendment of Parts 1, 22 and 90 of the Commission’s Rules, Report and Order and Notice of Proposed Rulemaking, (WT Docket No. 03-103) paras. 99-103 (rel. February 22, 2005).
⁵ In re Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993, Annual Report and Analysis of Competitive Market Conditions with respect to Commercial Mobile Services, Seventh Report, 17 FCC Rcd 12895, 13039 (2002).
⁶ Id. at 13049-50.
⁷ Assessment and Collection of Regulatory Fees for Fiscal Year 2014, Notice of Proposed Rulemaking, Second Further Notice of Proposed Rulemaking, and Order, MD Docket Nos. 14-92, 13-140 and 12-201, 29 FCC Rcd 6417, ¶32 (2014).
⁸ Federal Communications Commission, Strategic Plan FY2003 –FY2008 at 5 (2002).
⁹ In re Flexible Allocation of Frequencies in the Domestic Public Land Mobile Service for Paging and Other Services, First Report and Order, 4 FCC Rcd. 1576 (1989).
¹⁰ Id. at para. 33.
¹¹ Id.
¹² In re Eligibility for Specialized Mobile Radio Services and Radio Services in the 220-222 MHz Land Mobile Band and Use of Radio Dispatch Communications, GN Docket No. 94-90, Report and Order, FCC 95-98, 18 para. 29 n. 96 (1995) affirmed, Memorandum Opinion and Order, FCC 97-213, para. 12 (1997).
¹³ Revision of Part 22 and Part 90 of the Commission’s Rules to Facilitate Future Development of Paging Systems; and Implementation of Section 309(j) of the Communications Act – Competitive Bidding, Second Report and Order and Further Notice of Proposed Rulemaking, 12 FCC Rcd 2732 (1997).
¹⁴ Id. at para. 3, n. 7.
¹⁵ In re Biennial Regulatory Review – Amendment of Parts 1, 22 and 90 of the Commission’s Rules, Report and Order and Notice of Proposed Rulemaking, (WT Docket No. 03-103) paras. 99-103 (rel. February 22, 2005).
¹⁶ Brock, Gerald W. The Second Information Revolution (Harvard University Press 2009) p. 223. See also Reports on Selected Topics in Telecommunications – Final Report to the Department of Housing and Urban Development under Contract No. H-952 (November 1968) p. 120 (This report acknowledged that as of the mid 1960s, the Improved Mobile Telephone Service (IMTS) system was the only current trunked radio system operating in a land-mobile environment).
¹⁷ In the Matter of Revision of Part 22 of the Commission’s Rules Governing the Public Mobile Services; Amendment of Part 22 of the Commission’s Rules to Delete Section 22.119 and Permit the Concurrent Use of Transmitters in Common Carrier and Non-common Carrier Service; Amendment Part 22 of the Commission’s Rules Pertaining to Power Limits for Paging Stations Operating in the 931 MHz Band in the Public Mobile Service, Report and Order 9 FCC Rcd 6513 (1994).

3 Incredible Quotes From Nobel Prize Winner Malala Yousafzai Confirm She Deserves All The Awards

At just 17 years old, women's rights and education activist Malala Yousafzai has already accomplished more than many adults twice her age. After bravely continuing to speak up for women's rights after the Taliban attempted to assassinate her, Malala was awarded the Nobel Peace Prize in October 2014, making her the youngest recipient in history. Below are three inspiring quotes that confirm it was well-deserved.

“I speak not for myself but for those without voice . . . those who have fought for their rights . . . their right to live in peace, their right to be treated with dignity, their right to equality of opportunity, their right to be educated.”

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“All I want is an education, and I am afraid of no one.”

Nobel Peace Prize

Nobel Peace Prize laureates Malala Yousafzai and Kailash Satyarthi are welcomed by Thorbjørn Jagland, chairman of the Nobel Peace Prize Committee, before their news conference Tuesday in Oslo ahead of the award ceremony.— Odd Andersen/Agence France-Presse/Getty Images