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New App Store rules will require all apps to have a privacy policy

Benjamin Mayo — Aug. 31st 2018 12:37 am PT

In an announcement to developers through App Store Connect last night, Apple is requiring that all new apps and updates include a link to their developer’s privacy policy in the app metadata. The new rules come into effect from October 3rd.

It seems like even if the app is a plain utility that does not connect to the Internet, it must now host a website with a privacy policy page.

The App Store app listings have had a privacy policy URL metadata field for a long time. They have been mandatory for apps that use subscriptions, but now this requirement is applying to all apps in the store. Apple will not pull existing apps from sale, but any future update must ensure it has the privacy policy URL set.

On iPhone or iPad, customers will be able to tap on the link to the privacy policy and read it in Safari. tvOS does not have a web browser, so developers will have to copy and paste their privacy into a text box when they submit their apps, so the Apple TV can display it.

Apple says the privacy policies must identify what data the app collects, in what manner, and how it is used. It is also the responsibility of the app developer to confirm that the behavior of any embedded third-party frameworks complies with the parent app’s privacy policy. Apple also says that apps must clearly explain data retention policies and detail how a user can revoke consent and request deletion of any personal data stored.

It remains to be seen whether Apple will pull apps that are found to be in violation of their privacy policies. Data-sharing practices in ‘apps’ has come under scrutiny in recent months, in the wake of scandals like Cambridge Analytica.

Apple instated informational on-boarding screens that describe how it uses personal data earlier this year, as part of European GDPR regulation. The new App Store requirements are likely related to GDPR compliance at some level.

A privacy policy is required for App Store distribution, as well as external TestFlight beta testing stages. On a related note, Apple recently announced that it would delete private data stored in bug reports more aggressively than it had been in the past.

Source: 9to5mac.com

So online and wireless-device privacy is becoming a big issue. Our guest contributor, journalist Rex Lee, has shared several of his well-researched articles on these topics.

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NO POLITICS HERE

This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.

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.

TIME TO HUDDLE UP

Let's get together and share ideas. Our competitors are not other paging companies, they are other technologies.

I spend the whole week searching the Internet for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.

Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.

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Here's how the new $400 BlackBerry smartphone compares to the pricier BlackBerry Key2

Avery Hartmans
August 31, 2018

TCL

A new, cheaper BlackBerry has arrived.

TCL — the Chinese electronics company that manufactures BlackBerry phones — announced on Thursday the BlackBerry Key2 LE, a $400 version of the high-end BlackBerry Key2 it announced earlier this summer.

The new device is almost identical to the BlackBerry Key2, with a few key differences: a lightweight frame, decreased battery life, and a slightly less powerful camera.

Here's what it's like.

The BlackBerry Key2 LE comes in three colors: slate, atomic, and champagne.

TCL

The BlackBerry Key2 only comes in black and silver.

Like the BlackBerry Key2, the new phone has USB-C charging ...

TCL

... and a headphone jack.

TCL

The BlackBerry Key2 LE runs Android 8.1 Oreo out of the box, just like the BlackBerry Key2.

TCL

There are a few key reasons that the BlackBerry Key2 LE is a budget version of the BlackBerry Key2. For one, it comes with less starting storage than the BlackBerry Key2.

TCL

The BlackBerry Key2 LE comes in two versions — 32 GB and 64 GB — with up to 256 GB of expandable storage.

The BlackBerry Key2 comes with more starting storage — 64 GB or 128 GB — but has the same amount of expandable storage.

It also gets less battery life. TCL says the BlackBerry Key2 LE can get about 22.5 hours of battery life. The BlackBerry Key2, on the other hand, can get up to two days of battery life, TCL says.

TCL

The two phones have a slightly different chip: the BlackBerry Key2 LE has the Snapdragon 636, while the BlackBerry Key2 has the Snapdragon 660.

TCL

Like its more expensive sister phone, the BlackBerry Key2 LE has a dual rear camera — but it has slightly lower specs.

TCL

The BlackBerry Key2 LE has both a 13 megapixel and a 5 megapixel lens on the back of the phone, and an 8 megapixel selfie camera.

The BlackBerry Key2 has two 12 megapixel rear lenses and also has an 8 megapixel selfie camera.

There's one more major difference between the BlackBerry Key2 LE and the BlackBerry Key2: the cheaper phone has a polycarbonate frame, which makes it lighter-weight and less expensive to make.

TCL

The BlackBerry Key2 LE costs $399 for the 32 GB model, and $449 for the 64 GB version.

TCL

Business Insider

Paging Transmitters 150/900 MHz

The RFI High Performance Paging Transmitter is designed for use in campus, city, state and country-wide paging systems. Designed for use where reliable simulcast systems where RF signal overlap coverage is critical.

• Commercial Paging systems.
• Healthcare Paging systems.
• Public Safety Emergency Services Paging systems.
• Demand Response Energy Grid Management.

Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.

• Use as a stand-alone unit or in wide area network.
• Mix with other transmitter brands in an existing paging network.
• Adjustable from 20-250 watts.
• 110/240 VAC or 48VDC.
• Absolute Delay Correction.
• Remote Diagnostics.
• Configurable alarm thresholds.
• Integrated Isolator.
• Superb Reliability.
• Improved amplifier efficiency.
• Most reliable high-powered paging transmitter available.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!

If you are reading this, your potential customers are reading it as well. Please click here to find out about our advertising options.

Providing Expert Support and Service Contracts for all Glenayre Paging Systems.

The GL3000 is the most prolific paging system in the world and Easy Solutions gladly welcomes you to join us in providing reliable support to the paging industry for many more decades in the future.

Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.

• We treat our customers like family. We don’t just fix problems . . . We recommend and implement better cost-effective solutions.
• We are not just another vendor . . . We are a part of your team. All the advantages of high priced full-time employment without the cost.
• We are not in the Technical Services business . . . We are in the Customer Satisfaction business.

Experts in Paging Infrastructure

• Glenayre, Motorola, Unipage, etc.
• Excellent Service Contracts
• Full Service—Beyond Factory Support
• Making systems More Reliable and MORE PROFITABLE for over 30 years.

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

GLENAYRE INFRASTRUCTURE

Service Contracts

I would like to recommend Easy Solutions for Support of all Glenayre Paging Equipment. This Texas company is owned and operated by Vaughan Bowden. I have known Vaughan for over 35 years. Without going into a long list of his experience and qualifications, let me just say that he was the V.P. of Engineering at PageNet which was—at that time—the largest paging company in the world. So Vaughan knows Paging.

GTES is no longer offering support contracts. GTES was the original group from Vancouver that was setup to offer support to customers that wanted to continue with the legacy Glenayre support. Many U.S. customers chose not to use this service because of the price and the original requirement to upgrade to version 8.0 software (which required expensive hardware upgrades, etc.). Most contracts ended as of February 2018.

If you are at all concerned about future support of Glenayre products, especially the “king of the hill” the GL3000 paging control terminal, I encourage you to talk to Vaughan about a service contract and please tell him about my recommendation.

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Who We Are

Prism-IPX is a leader in providing reliable communications systems using modern designs to meet today’s demands for critical message alerting and delivery. Prism-IPX designs versatile and robust Critical Message Management systems using paging and other wireless technologies for high performance and dependable communications.

What We Make

Prism-IPX Systems products include full-featured radio paging systems with VoIP input, IP based transmitter control systems and paging message encryption. Other options include e-mail messaging, remote switch controllers, Off-The-Air paging message decoders and logging systems.

Contact Us  

Repair and Refurbishment Services

Product Support Services, Inc.
511 South Royal Lane
Coppell, Texas 75019
817-527-6322
sales@pssirl.com
www.pssirl.com

Ham Radio Equipment for Emergency Communication Delivered in Honduras

08/28/2018

The Honduras National Telecommunications Commission (CONATEL) on August 22 delivered Amateur Radio equipment to COPECO — a government disaster-organization coordination agency — for use in an International Telecommunication Union (ITU) pilot project that aims to take wider advantage of the Winlink HF email system for emergency communication. The ITU pilot project includes Central America and the Caribbean with the aim of achieving implementation throughout South America. Winlink already enjoys wide usage in North America by Amateur Radio Emergency Service (ARES) teams. ITU donated the equipment.

“The most important thing is that CONATEL, COPECO, and radio amateurs start working with the Winlink tool,” said ITU Area D Representative Miguel Alcaine. “I am very happy to know that we are doing something before disaster strikes.”

The donation consists of an HF radio, a VHF radio, a multiband dipole, a VHF antenna, an automatic antenna tuner, a modem, and coaxial cable.

National Commissioned Minister of COPECO Lisandro Rosales said that one of his agency’s objectives has been to strengthen information and communication technologies (ICTs) — a primary ITU initiative. “We have realized that telecommunications is a key element in order to give early warning and to warn about imminent danger, or to coordinate assistance or reconstruction activities,” Rosales said, “and thanks to them, the institution has one of the most powerful communications networks of the region, with coverage of 95% of the national territory.”

COPECO technicians, along with professionals of the 911 National Emergency System and CONATEL personnel, initiated a series of workshops, with the support of Honduran radio amateurs.

“This program and radio equipment will allow first responders that work during emergencies to send information [via HF bands], when telephone and digital communications collapse or if there are power outages,” commented Omar Paredes, HR1OP, secretary of Club de Radio Aficionados Central de Honduras (CRACH). — Thanks to IARU Region 2

Source:

ARRL.org

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Internet Protocol Terminal

The IPT accepts Internet or serial messaging using various protocols and can easily convert them to different protocols, or send them out as paging messages.

An ideal platform for hospitals, on-site paging applications, or converting legacy systems to modern protocols.

Additional/Optional Features

• Database of up to 5000 subscribers.
• 4 serial ports on board.
• Up to 8 phone lines (DID or POTS).
• Can be configured for auto-fail-over to hot swap standby.
• 1RU rack mount unit appliance—no moving parts.
• Easily secure legacy system messages leaving site for HIPAA compliance.
• Only purchase the protocols/options you need.
• Add Paging Encryption for HIPAA compliance on site.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

Specialists in sales and service of equipment from these leading manufacturers, as well as other two-way radio and paging products:

	Motorola SOLUTIONS
	Motorola MOBILITY

PREPAREDNESS

EMS Communications: A 'Life or Death' Decision

There are many points of failure with the current system which was implemented more than 10 years ago.

BY SARAH SCULL, CRESTON NEWS ADVERTISER, IOWA / AUGUST 28, 2018

(TNS) — Mark Williams, head dispatcher for Union County, Iowa, is partnering with Emergency Management Director Jo Anne Duckworth to upgrade the county’s emergency communication system.

With the current communication system, which was implemented more than 10 years ago, there are many points of failure.

“It’s needed because we can’t reliably page all of our departments,” said Williams.

Williams and Duckworth said the new communication system is necessary. One reason is that dispatch is unable to page Lorimor Fire Department. To do so, the Union County dispatcher has to call the Madison County dispatcher, who then pages the department. Additionally, Williams is unable to communicate with Afton firefighters the farther east they move in the county because the signal doesn’t reach that far.

The current system forces emergency responders to take time to search for signals, which many first responders believe will eventually cost someone their life.

“We have instances in the hospital where they aren’t even getting their pages just because of where the tower is,” said Williams. “In a medical situation you only have so many minutes. And, that can be the difference between life and death.”

The proposal

The project, which could cost taxpayers between $5 million and $7 million, would be used by every public safety agency in Union County: Creston and Afton police departments, Lorimor, Afton and Creston fire departments, Union County Sheriff and Union County Emergency Management. In the initial rollout, Union County Secondary Roads and the city of Creston public works departments will also be included.

Williams said that while the cost will fall on the taxpayers because it is essential, the new system will benefit everyone — emergency personnel and the general public, alike.

“There is no single entity whose budget could support a project of this magnitude,” said Williams. “We are going to have infrastructure we’ve never had before.”

The proposal includes four-site paging, which includes utilizing the current tower (Creston water tower), Dodge Center tower and KSOI tower, and building one new tower.

“It’s going to give us the entire county coverage on the paging to get those responders notified of a call,” said Williams.

In addition to the new infrastructure, the proposal includes new paging systems and subscriber radios for public safety officials.

The first bid from Motorola rolled in at $5.1 million, with an additional $1.9 million maintenance and upgrade fee.

“They are going to monitor all of our equipment 24 hours a day and look for problems, They will come out, troubleshoot and fix the problems included in that,” said Williams.

A bid from RACOM came in at $4.1 million, with maintenance coverage at $1.4 million.

To cover the cost of the new emergency communication system, the Union County Board of Supervisors has met with Spear Financial and is currently reviewing bonding options.

Public forum

Williams strongly encourages the public to attend a public forum 6 p.m. Wednesday at the Union County Emergency Management office, 705 E. Taylor St. “We want you to come. We want you to know why we’re doing this.

We want you to be informed,” said Williams. “I want the public to know how dire this is.”

Once the public forum has taken place, the Board of Supervisors will set mandatory public hearings and a date to vote as to whether it will bond the project or not.

©2018 the Creston News Advertiser (Creston, Iowa)

Visit the Creston News Advertiser (Creston, Iowa) at www.crestonnewsadvertiser.com

Distributed by Tribune Content Agency, LLC. DISCUSS

Source:

Emergency Management

Paging Data Receiver PDR-4

The PDR-4 is a multi-function paging data receiver that decodes paging messages and outputs them via the serial port, USB or Ethernet connectors.

Designed for use with Prism-IPX ECHO software Message Logging Software to receive messages and log the information for proof of transmission over the air, and if the data was error free.

• Option—decode capcode list or all messages.
• Large capcode capacity.
• Serial, USB and Ethernet output.
• POCSAG or FLEX page decoding, special SA protocols.
• Receivers for paging bands in VHF, UHF, 900 MHz.
• Message activated Alarm Output.
• 8 programmable relay outputs.
• Send notifications of a system problem.

• Synthesized Receiver Tuning.
• Selectivity better than 60 dB.
• Frequencies 148-174, 450-470, 929-932 MHz.
• Image Rejection better than 55 dB.
• Spurious Rejection better than 55 dB.
• Channel Spacing 12.5 or 25 kHz.
• Power 5VDC.
• Receiving Sensitivity 5µV at 1200 bps.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Telephone: 631-786-9359
www.wirelessplanners.com
wirelessplannerron@gmail.com

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.

Click here for a summary of their qualifications and experience. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work.

Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience.

“If you would know the road ahead, ask someone who has traveled it.”
— Chinese Proverb

Remote AB Switches

ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands.

ABX-1

ABX-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems.

ABX-3

Common Features:

• RJ45 for A, B and Common connectors.
• Manual push button or use Prism IP commands to switch one or more relays.
• Single or Dual Port Control card for IP or Serial connection.
• Form C relay—control local connection.
• Power Loss Indicator.
• Rear Panel Connector for controlling the switch externally.
• Power Source: 5VDC for ABX-1; 12VDC for ABX-3.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

EWA Alert

FCC Fee Increase Effective September 4

August 31, 2018

Annually, the Federal Communications Commission (FCC) performs an assessment of its application processing and regulatory fees for all radio services. The FCC adopted an Order on July 6, 2018, announcing the application fees for FY 2018, which becomes effective on Tuesday, September 4, 2018. Currently, the only fee change for the land mobile industry is for a Request for Waiver, which increases to $210. No other fees have changed for land mobile at this time. The Enterprise Wireless Alliance has updated its Schedule of Services at its website to reflect this change.

Because of an open rulemaking regarding the FCC’s regulatory fees, FY 2016 regulatory rates remain in effect for Wireless Telecommunications Services application fees that have an associated regulatory fee. EWA will inform you of any changes to associated regulatory fees for land mobile licensees at a later date upon FCC action.

If you have questions, please call your EWA Spectrum Advisor at 800-482-8282.

Source:

EWA (via e-mail)

Friday, August 31, 2018	Volume 6 | Issue 171

Pensacola Mayor Receives 5G Award From CTIA

Mayor Ashton Hayward

CTIA, the wireless industry association, this week presented Pensacola (FL) Mayor Ashton Hayward with its 5G Wireless Champion Award, to honor Mayor Hayward’s leadership in encouraging 5G wireless investment and innovation, by removing outdated barriers to infrastructure deployment.

“Pensacola wants to lead in unlocking the new opportunities and benefits provided by the next-generation of wireless,” said Mayor Ashton Hayward. “I supported the FCC’s recent orders to remove cumbersome federal hurdles to broadband because it will open the door to increased investment and innovation in our community.”

“Mayor Hayward knows that common-sense infrastructure rules need to be in place in Pensacola for wireless investment to succeed,” said CTIA president/CEO Meredith Attwell Baker. “Thanks to Mayor Hayward’s smart infrastructure policies, Pensacola will be well positioned to benefit from 5G-related investment and jobs.”

Under Mayor Hayward’s leadership, Pensacola became one of the first cities in Florida to revise local permitting procedures in accordance with Florida House Bill 687. The bill establishes statewide guidelines on wireless infrastructure siting procedures including small cell attachment fees, and timelines for the review of small cell applications.

According to Accenture, reducing timelines to deploy 5G by 12 months will generate an additional $100 billion in economic growth. In Pensacola, Accenture estimates 5G will bring $43 million in new network investment, create more than $30 million in smart city benefits and add $80 million to the local economy.

Selected portions [sometimes more — sometimes less] 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 of The Wireless Messaging News with kind permission from the firm. The firm's contact information is included at the end of this section of the newsletter.

Year End Reminder: Ownership Changes May Require FCC Approval

We want to remind our clients that many types of reorganizations, estate planning and tax savings activities and other transactions require prior FCC approval; and given the frequent need to implement such transactions by the end of the year, companies engaging in such transactions should immediately determine whether they must file an application for FCC approval, and obtain a grant, before closing on a year-end deal. Transactions requiring prior FCC approval include (but are not limited to):

• The distribution of stock to family members in connection with estate planning, tax and other business activities, if there are changes to the control levels discussed above;
• Any sale of a company that holds FCC licenses;
• Any sale, transfer or lease of an FCC license;
• A change in the form of organization from a corporation to an LLC, or vice versa, even though such changes may not be regarded as a change in entity under state law.
• Any transfer of stock that results in a shareholder attaining a 50% or greater ownership level, or a shareholder relinquishing a 50% or greater ownership level;
• Any transfers of stock, partnership or LLC interests that would have a cumulative effect on 50% or more of the ownership, even if done as a series of smaller sales or distributions.
• The creation of a holding company or trust to hold the stock of an FCC license holder;
• The creation of new classes of stockholders that affect the control structure of an FCC license holder. - Certain minority ownership changes (e.g., transfer of a minority stock interest, giving the recipient extraordinary voting rights or powers through officer or board positions).
• The conversion of a corporate entity or partnership into another form of organization under state law
• e.g., from corporation to LLC or partnership to LLP and vice versa.

Fortunately, transactions involving many types of licenses can often be approved on an expedited basis. But this is not always the case, especially if bidding credits and/or commercial wireless spectrum licenses are involved. Also, in some instances Section 214 authority may be required, especially in the case of wireline and other telephony services. Clients planning year-end transactions should contact us as soon as possible to determine if FCC approval is needed.

BloostonLaw contacts: John Prendergast and Richard Rubino.

Application Filing Fee Increases Effective August 26

The FCC application filing fee increase will become effective on September 4, 2018. Specifically, the FCC increased application fees to reflect the net change in the Consumer Price Index for all Urban Consumers (“CPI-U”) of 3.7 percent, an increase of 8.825 index points calculated from October 2015 (237.838) to October 2017 (246.663). Section 8(b)(1) of the Communications Act states that application filing fees shall not be adjusted for inflation until the net change would be at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. Additionally, in those cases where fees require adjustment, the FCC is required to round up to the next $5.00 increment. As a result, the vast majority of filing fees were not increased. Some filing fee increases of note include:

• Part 90 Private Land Mobile (does not include regulatory fees collected with applications)
  • Rule Waiver $210
• Part 101 Private Microwave
  • New Station or License Renewal $305
  • Major Modification $305 - Consolidate Call Signs $305
  • License Assignment $305
• Part 80 Marine Coast
  • New Station or License Renewal $140
  • Modification – Public Coast CMRS; Non-Profit $140
  • Assignment of Authorization $140
  • Special Temporary Authorization $200
  • Modification for Spectrum Leasing for Public Coast $140
• Part 80 Ship Stations
• Exemption from Ship Station Requirements $210
• Rule Waiver $210
• Part 87 Aviation Ground
• New Station or License Renewal $140
• Modification (Non-Profit) $140
• Assignment of Authorization $140
• Special Temporary Authority $200
• Rule Waiver $210

In addition to the fees associated with private radio facilities, the FCC also raised other application filing fees, including: Commercial Mobile Radio Services, Common Carrier Microwave, Section 214 applications, Satellite services as well as for actions and audits related to common carrier services under Title II of the Communications Act.

BloostonLaw Contacts: Richard Rubino

Marriott Enters into Half Million Dollar Consent Decree for Unauthorized Acquisition

Marriott International, the world’s largest hotelier, has agreed to settle its unauthorized acquisition of Starwood Hotels and Resorts Worldwide, Inc. (Starwood) by paying a civil penalty of $504,000. The acquisition of Starwood was accomplished on September 23, 2017 through a series of transactions which resulted in Starwood becoming an indirect wholly-owned subsidiary of Marriott. The acquisition resulted in 63 transfers of control of 65 non-common carrier licenses that were either held directly by Starwood or controlled by Starwood as part of its management and operation of various hotel properties throughout the United States. Marriott notified the FCC in February 2017 that it had “participated in corporate acquisitions, asset transfers and other transactions without obtaining prior FCC consent.” Because the licenses were held by the individual hotel properties rather than a common entity, the FCC determined that each transfer was separate and distinct, even though the transfers were part of the overall merger of Starwood into Marriott. As a result, Marriott was subject to separate forfeiture determinations for 63 distinct major transactions that had been accomplished without first obtaining the prior authorization of the FCC.

It is interesting that the $504,000 civil penalty agreed to by Marriott is equal to the base amount of a forfeiture that could have been assessed by the FCC. We can only conjecture that based upon Marriott’s size — as the largest hotelier in the world — the FCC would have subjected any forfeiture to an upward adjustment in order to ensure that the penalty was not merely a cost of doing business — especially since the value of this transaction was $13.6 billion. As we stated in our lead story, any office client proposing a transaction should contact our office as soon as possible so that we can assist you in obtaining the necessary FCC regulatory approvals, thereby avoiding any potential for fines.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Announces Workshop on Environmental Compliance and Historic Preservation Review Procedures for October 11-12

The FCC will host its annual workshop on the environmental compliance and historic preservation review process required for the construction of wireless communications facilities and antenna structures. The workshop will include information relevant to the construction of all new communications towers and the collocation of communications equipment on existing towers and other structures. The workshop is scheduled for Thursday, October 11, 2018 from 9:00 AM to 5:00 PM EDT, and Friday, October 12, 2018 from 9:00 AM to 1:00 p.m. EDT and will be web casted over the Internet from the FCC’s Commission Meeting Room at FCC Headquarters, 445 12th Street, SW, Washington, DC.

The agenda is expected to include discussions on the environmental review process (including recent changes to the FCC’s rules and procedures for environmental compliance) as well as topics related to the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA) and the FCC’s implementing regulations and related agreements. The FCC has indicated that invited speakers will include representatives from the US Fish and Wildlife Service, FirstNet and FEMA.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Cites Operator of Low-Power Part 15 Devices for Interference to Licensed Operations

The FCC has taken the unusual step of issuing a Citation and Order directing Anthony Locasto to cease operating low-power devices, such as surveillance cameras, which are causing harmful interference to Sprint’s 800 MHz cellular system in Staten Island, New York. As a result of an interference complaint filed by Sprint, the FCC determined that the source of the interference to Sprint’s LTE system was a surveillance camera being operated by Mr. Locasto at his residence. The FCC’s Enforcement Bureau posted an “on-scene warning notice” to the front door of Mr. Locasto’s residence which informed him that he was causing harmful interference to cellular radio operations in the 817-824 MHz band. This notice was followed up a month later by a written notice that was sent by First Class Mail and Certified Mail. Mr. Locasto had been directed not to resume operation of the surveillance camera until the interference issue had been resolved. Mr. Locasto was issued a third warning in January 2018 because he had not ceased operation of the camera or abated the interference to Sprint’s cellular system.

The operation of low-power Part 15 devices, such as surveillance cameras, is subject to the condition that no harmful interference is caused to licensed operations, such as Sprint’s cellular operations. This restriction also protects private land mobile communications that are licensed under Part 90 of the FCC’s Rules. Additionally, Part 15 of the FCC’s rules requires operators of Part 15 low-power devices to cease operation of a device upon notification by the FCC that the device is causing harmful interference and not to resume operation until the condition causing the harmful interference has been corrected. Here, Mr. Locasto violated Part 15 of the FCC’s rules because (a) he continued to operate his surveillance camera even though he had been warned repeatedly that it was causing harmful interference and (b) failed to take steps to promptly eliminate the interference upon notification by the FCC. Violations of this nature are subject to fines of $19,639 per day.

If you experience interference to your radio operations, please contact our office so that we can assist you in having that interference resolved. While it is possible that the source could be another co-channel licensee, we have also seen instances where Part 15 devices such as LED lighting fixtures and surveillance cameras have caused issues. Likewise, in the unlikely event that you receive a notice from the FCC, please contact our office so that we can assist you in promptly resolving any interference issue one of your devices might be causing.

BloostonLaw Contacts: John Prendergast and Richard Rubino

Verizon Throttles Firefighters’ Data … During a Fire Emergency

Verizon Wireless recently throttled a fire department’s use of data during the ongoing Mendocino Complex Fire (the largest in California history), even though the County had selected a government contract with Verizon that provided unlimited data.

In an addendum to a brief filed by 22 state attorneys general (see the article above for more), the District of Columbia, Santa Clara County, Santa Clara County Central Fire Protection District, and the California Public Utilities Commission in the ongoing lawsuit to block the FCC’s rollback of net neutrality, County Fire Chief Anthony Bowden stated that “[t]he Internet has become an essential tool in providing fire and emergency response, particularly for events like large fires which require the rapid deployment and organization of thousands of personnel and hundreds of fire engines, aircraft, and bulldozers.” Chief Bowden stated that “[t]his throttling has had a significant impact on our ability to provide emergency services. Verizon imposed these limitations despite being informed that throttling was actively impeding County Fire's ability to provide crisis-response and essential emergency services.”

During active fire operations, it was discovered that the data connection to the fire department’s mobile command vehicle was being throttled by Verizon and that data rates had been reduced to 1/200 or less of the previous speeds. As a result, Bowden stated that the throttled speeds severely hampered the capabilities of the mobile command vehicle — which is set up with computers and other technology to monitor the progress of a major incident. Despite being notified of that data speeds had been throttled and that it was adversely impacting the fire department’s ability to fight this wild fire, Verizon refused to lift the throttling for “public safety purposes.” Bowden stated that while Verizon admitted to the throttling, it would not lift it until the fire department contacted the department that handles billing and switched to a new plan— at more than double the cost. Bowden pointed out that this harmed public safety and that personnel were forced to use other agencies’ Internet access or personal cell phones in order to function.

While Verizon has admitted to the throttling, it asserts that this is not a Net Neutrality issue or related to the ongoing court proceeding. Rather, Verizon chalks this up to an error by its customer service department, since Verizon claims that has “a practice to remove data speed restrictions when contacted in emergency situations. . . . In this situation, [Verizon] should have lifted the speed restriction when [the fire department] reached out to us.” Nonetheless, Verizon has recently come out and stated that it would no longer throttle public safety users during emergencies in the western portion of the United States.

BloostonLaw Contacts: John Prendergast and Richard Rubino

Virginia Connects Every Emergency Room Department to Common Electronic Patient Records System

Governor Ralph Northam (D) announced the implementation of the Emergency Department Care Coordination Program, the first state-wide program in the nation to connect every hospital’s emergency department with a common electronic system for patient records. This statewide system, which facilitates tele-medicine, is an on-line portal for doctors that is designed to allow the sharing of up-to-date patient information between hospitals in real time. The system will also allow physicians to see test results and medical prescriptions as well as identify doctors who have treated the patient.

In announcing the program, Gov. Northam, who is also a pediatric neurologist, stated that “[w]hen you’re in the emergency setting, every second counts” and having immediate access to accurate and up-to-date patient records will improve patient care since physicians will have access to recent test results. Gov. Northam has indicated that this program could result in reduced medical costs, since duplicative tests could be avoided. ConnectVirginia and its partner, CollectiveMedical, stated that the system will look at data in real time so that “complex, high-risk” patients can be assisted. Additionally, the system will also help ensure that chronically ill patients, including those who are homeless and suffering from opioid addiction, “don’t ‘fall through the cracks’ of the healthcare system.”

The Virginia Department of Health (VDH) indicated that the first phase of the program, which launched at the end of June, cost $3.9 million, of which $370,000 came from Virginia and the balance from the Federal government.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Provides Guidance to 800 MHz Regional Planning Committees for Amendments to Regional 800 MHz to Reflect 800 MHz Band Reconfiguration in Canadian Border Area

The FCC has released its public notice in order to provide direction to the eight 800 MHz Regional Planning Committees (RPCs) for amendments to their regional plans to reflect the FCC’s reconfiguration of the 800 MHz band in the Canadian border area. The reconfiguration of the 800 MHz band was designed to eliminate harmful interference to public safety operations with the band by, among other things, shifting the former NPSPAC band at 821-824/866-869 MHz lower in the band to 806-809/851-854 MHz. Now that all licensees in the NPSPAC regions bordering Canada have completed their relocations to the new NPSPAC channels, the RPCs are required to update their regional plans for the NPSPAC band within their respective public safety regions. Additionally, RPC will also be required to update their regional plans as needed in order to conform them to changes in the nationwide NPSPAC band plan and to reflect other changes, including technical requirements and procedures for assigning channels.

RPCs in the Canadian border area will have until October 22, 2018 to file amendments to their 800 MHz regional plans in order to bring them into compliance with the new 800 MHz band plan. Alternatively, the FCC will allow RPCs to file amended plans by December 19, 2018 provided (a) that the filing combines the conforming band reconfiguration-related changes with other modifications and (b) the FCC is notified by October 22, 2018 of the RPC’s of its intent to file a combined amendment by the December 19, 2018 deadline.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Grants TEXAS DPS Waiver to Use 700 MHz Air-Ground Channels Without Frequency Coordination

The Texas Department of Public Safety (Texas DPS) requested a waiver of the FCC’s Rules in order to permit it to use the 700 MHz public safety narrowband spectrum (769-775/799-805 MHz) on a state-wide basis without first obtaining frequency coordination from the State of Texas as required by Rule Section 90.175. These channels have been allocated for air-ground communications between low-altitude aircraft and associated ground stations, such as between medevac helicopters and first responders. Further, in order to minimize the risk of interference, the FCC: (a) imposed technical restrictions on the air-ground channels; (b) assigned responsibility for coordinating these channels to the states and (c) permitted aircraft to use either the mobile transmit or base transmit side of the channel pair.

Texas DPS is seeking to license all of the 700 MHz air-ground channels under a new call sign — which in the normal course would require frequency coordination. In justifying its waiver request, Texas DPS notes that the states are responsible for the administration of the air-ground channels. Further, Texas DPS stated that if interference results from its operations that it will accept responsibility and take immediate corrective action to eliminate the interference (to include ceasing operation on an interfering frequency.

In granting the Texas DPS waiver request, the FCC concluded that a conditional waiver would be warranted, since the underlying purpose of the frequency coordination requirement would not be undermined. The usual coordination procedure used to avoid interference between fixed stations would not be applicable, since the Texas DPS air-ground stations would be mobile — meaning that they could operate anywhere within the state. Further, because Texas DPS was proposing to license all of the air-ground channels statewide, coordination within the state would be an internal matter for Texas DPS, requiring that it ensure that it was not causing harmful interference to itself. This is consistent with the authority given by the FCC to the states to manage operations on the air-ground channels and encouragement to coordinate operations on those channels with the 700 MHz Regional Planning Committees (PRCs). Nonetheless, the FCC will require Texas DPS to coordinate its use with its neighboring states (Arkansas, Louisiana, New Mexico and Oklahoma).

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Cites Snapchat and Greenville Fire District for Harmful Interference

In response to interference complaints, the FCC has issued a Notice of Violation to Snapchat for improper operation of its Trunked Industrial/Business Pool Service station at Santa Monica, California and to Greenville Fire District for operating Conventional Public Safety Pool Service station KNED369 at Scarsdale, New York with a continuous carrier.

Snapchat

The FCC noted that Snapchat’s repeaters were operating when nearby co-channel facilities were communicating. The FCC’s rules require licensees on shared channels to either physically monitor the channel prior to transmitting or have arbitration equipment installed, in order to ensure that the frequency is available before sending a transmission. For those clients who rely on arbitration equipment, it is critically important to ensure that the equipment is functioning properly at all times, since a finding of improper operation by the FCC can result in significant fines — especially if it causes harmful interference to nearby co-channel licensees.

Greenville Fire District

The FCC discovered a continuous unmodulated carrier on the frequency 154.16 MHz that was coming from one of the fire district’s fire stations. The FCC rules state that Part 90 stations are not permitted to continuously radiate an unmodulated carrier, except when conducting certain short term tests or where specifically authorized. In the case of Greenville Fire District, the transmitter located on the roof of the fire station was continuously transmitting an unmodulated signal on 154.16 MHz, thereby blocking use of the frequency by other authorized co channel licensees. Upon further investigation, the fire chief stated that the cause was wires on the transmitter that had been inadvertently cut, resulting in the constant carrier.

Both of these cases illustrate the importance of checking your transmitting equipment regularly in order to make sure that station operations comply with the FCC’s Rules and the station license. If problems are discovered, it is important that the issues be addressed immediately — especially since both situations here appear to have resulted in interference complaints to the FCC.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Cites Eversource Energy for Various Tower Violations

Following an unannounced tower inspection, the FCC has cited Eversource Energy (Eversource) for various violations of the FCC’s antenna structure rules. In particular, Eversource was cited for (a) failing to notify FCC of the construction of antenna tower — which is required within 5 days of completion of construction, (b) failing to file an application for ownership change and (c) utilizing obstruction lighting that was different from that approved by the FAA and FCC.

Here, the FCC’s records reflected that the owner of the tower was Commonwealth Electric, when Eversource was actually the owner. Failing to keep ownership records up to date in the FCC’s Antenna Structure Registration (ASR) database delays FCC attempts to notify the responsible party about tower violations that need to be promptly remedied — which in this case included a lighting malfunction that could have endangered passing aircraft. Likewise, both the FAA and FCC need to be notified when construction is completed, so that their records can be kept up to date.

It is interesting that the FCC did not cite Eversource for failing to regularly inspect its tower, since the improper lighting was caused by an equipment failure that allowed its medium intensity white lighting to function at night rather than switching to the required red lighting between dusk and dawn. In this regard, we note that many of our clients utilize automated systems to monitor the functioning of their tower lights, as opposed to visual monitoring of each tower. Office clients should therefore ensure that any monitoring systems are configured to detect a failure where the lighting does not switch from day-time to night-time lighting and vice versa. Aside from the potential for significant fines, maintenance of proper tower lighting is necessary to ensure safety to air navigation.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Revises Procedures to Allow Non-Federal Public Safety Entities to License 40 Federal Interoperability Channels

The FCC’s recent amendments to Parts 2 and 90 of its rules became effective today under which it has streamlined the coordination process to allow non-federal public safety entities access to the 40 Federal Interoperability Channels. These channels have been designated by the National Telecommunications and Information Administration (NTIA) for interoperability communications “among federal agencies and between federal agencies and non-federal entities with which federal agencies have a requirement to operate.” As a result, NTIA has made these channels available (subject to NTIA coordination requirements) for licensing by the FCC to non-federal public safety entities for joint federal/non-federal operations.

The NTIA Manual enables federal agencies and non-federal entities to use mobile and portable radio units on available Federal Interoperability Channels on a shared basis under a new streamlined process. Under this process, the Statewide Interoperability Coordinator (SWIC) or a state appointed official in each state is responsible for coordinating access to the Federal Interoperability Channels by non-federal public safety entities. Each SWIC/official will sign an agreement with a federal user with a valid channel assignment. While the NTIA Manual does not dictate the terms of these use agreements, it is nonetheless important to note that all forty of the Federal Interoperability Channels may not be available for non-federal use in every state or territory (such as in the Canadian and Mexican border regions). Likewise, it is expected that these use agreements may specify which Federal Interoperability Channels are available for use in the particular state or territory and establish the conditions for their use by non-federal public safety entities.

Under NTIA’s revamped process, after a federal agency and the SWIC/official have signed an agreement for a particular state or territory, the federal agency will not need to coordinate separately with, or provide separate written certification to, each non-federal public safety entity in the state that seeks to use the Federal Interoperability Channels. Likewise, a non-federal entity seeking to use Federal Interoperability Channels covered by the agreement will only need to obtain the written concurrence of the SWIC/official confirming that the proposed use of the specified channel(s) conforms to the terms of the use agreement. Moreover, because coordination is covered by the agreement, the FCC concluded that this streamlined process will eliminate the need for the FCC to submit the non-federal entity’s application for coordination with NTIA and the Inter-department Radio Advisory Committee (IRAC). Hat applicants can take advantage of this new process, it will be necessary to provide the FCC with a copy of the SWIC/official’s written concurrence as an exhibit to the application. While there may be additional paperwork at the front end of your application, it should result in a speedier application process at the FCC.

BloostonLaw Contacts: John Prendergast and Richard Rubino

Investor Relations — Press Release

Spok Executives to Discuss Health IT Trends With Hospital Leaders

Key executives are participating in several events, including CHIME Fall CIO Forum and the Health-Leaders CNO Exchange

SPRINGFIELD, Va.—(BUSINESS WIRE)—Aug. 28, 2018—SPOK, INC., a wholly owned subsidiary of Spok Holdings, Inc. (NASDAQ: SPOK) and a global leader in healthcare communications, today announced that key executives will be participating in several upcoming events with hospital leaders including the Becker’s Hospital Review 4th Annual HIT + Revenue Cycle Conference next month, CHIME Fall CIO Forum in October, and HealthLeaders CNO Exchange in November.

“Hospital communication challenges are complex; they involve a combination of people, processes, and tools. We enjoy the opportunity to meet face-to-face with hospital leaders to listen to their pain points and work through ways to improve their communications for better patient care,” said Hemant Goel, president of Spok.

During the CHIME FALL CIO FORUM, Oct. 30-Nov. 2 in San Diego, Goel and vice president of product strategy Brian Edds, will lead a focus group with hospital CIOs to discuss where healthcare is headed in the new era of unified communications. This includes discussion around why many hospitals are augmenting their EHR with an enterprise communication platform for sharing actionable information in time-sensitive scenarios.

At the BECKER’S HOSPITAL REVIEW 4TH ANNUAL HEALTH IT + REVENUE CYCLE CONFERENCE, Sept. 19-22 in Chicago, Dr. Andrew Mellin, chief medical officer, will participate in the panel, “Aligning IT with Business Goals: Dealing with Practical Challenges.” This conference brings together CIOs, IT executives, and Revenue Cycle leaders to discuss challenges and trends in mobile health, data analytics, EHR issues, and more.

At the HEALTHLEADERS CNO EXCHANGE Nov. 12-14 in Charleston, South Carolina, Dr. Nat’e Guyton, chief nursing officer at Spok, will lead a focus group discussion on the positive difference collaborative, real-time communication can have on nurses. She’ll also discuss how nurses can help shape next-generation innovations, such as voice and conversational user interfaces that allow for distraction-free interaction with patients.

About Spok
Spok, Inc., a wholly owned subsidiary of Spok Holdings, Inc. (NASDAQ: SPOK), headquartered in Springfield, Virginia, is proud to be a global leader in healthcare communications. We deliver clinical information to care teams when and where it matters most to improve patient outcomes. Top hospitals rely on the Spok Care Connect^® platform to enhance workflows for clinicians, support administrative compliance, and provide a better experience for patients. Our customers send over 100 million messages each month through their Spok^® solutions. When seconds count, count on Spok. For more information, visit spok.com or follow @SPOKTWEETS on Twitter.

Spok is a trademark of Spok Holdings, Inc. Spok Care Connect is a trademark of Spok, Inc.

View source version on businesswire.com: https://www.businesswire.com/news/home/20180828005055/en/Spok-Executives-Discuss-Health-Trends-Hospital-Leaders

Source: Spok, Inc.

Spok, Inc.
Jill Asby, +1-952-230-5363
JILL.ASBY@SPOK.COM

Source:

Spok, Inc. (via e-mail)

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