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FRIENDS KEEP IN TOUCH

Burch Falkner has written another letter to the editor this week.

As I told you last week he marches to a different drummer. Don't miss it in the LETTERS TO THE EDITOR section below. It's a little strange but very interesting.

I am having a lot of trouble getting this issue out today, due to problems with my Internet connection via Frontier Communications and a computer that is too old and too slow.

So . . . on to more news.

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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.

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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VCU to conduct emergency communications test

Tuesday, February 6th 2018, 9:48 am CST
Wednesday, February 7th 2018, 5:55 am CST
By Megan Woo

Virginia Commonwealth University (Source: Bing)

RICHMOND, VA (WWBT) — VCU will test its emergency communications and alert systems throughout the Monroe Park and VCU Medical Center campuses at noon Wednesday.

“The full test will include the sirens along with text messages, Alertus boxes, mass email, digital signs, desktop alert, LiveSafe, social media and VCU website information — all part of a multichannel system for communicating emergency information to VCU students, faculty, staff, visitors and the community,” VCU said.

There are 10 sirens across the Monroe Park and VCU Medical Center campuses. In a real emergency, VCU said the sirens will sound for four minutes to signal that a life-threatening event has occurred. The purpose of the alert is to alert everyone to seek shelter.

VCU will also send out emails, text messages, desktop alerts, mass emails, as well as classroom alerts, during a real-life situation. The university will also update their social media accounts.

“VCU remains committed to supporting a wide variety of emergency alert technologies to distribute emergency information in a timely and effective manner. These various technologies help inform the VCU community of the necessary and prudent protective actions in a comprehensive manner,” VCU said.

The university conducts a test each semester, as well as conduct a monthly siren system test at noon on the first Wednesday of each month.

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Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!

Rick McMichael has some equipment for sale — left over from the inventory of his business that he recently sold.

If you are interested, please e-mail Rick directly by clicking here.

The Wireless Messaging News
Board of Advisors

The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.

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FEB 15, 2018 @ 05:30 PM

Apple CEO Reveals Watch Business Approaching Fortune 300-Size Company

David Phelan, CONTRIBUTOR
Opinions expressed by Forbes Contributors are their own.

The Steve Jobs Theater is a stunning venue: a glass circle with no visible supports other than the glass itself and super-thin conduits between the 44 panels to convey electric cables, water pipes and so on to the carbon-fibre composite roof.

David Phelan
Steve Jobs Theater in Apple Park, scene of the shareholders' meeting.

It holds an audience of 1,000, with no seat more than 97 feet from the stage – a surprisingly intimate auditorium. It was first used last September when the iPhone 8, iPhone 8 Plus and iPhone X were announced.

This week, for the first time, it was the venue for the Apple annual shareholders’ meeting. CEO Tim Cook had much to say, including on how quickly Apple Pay would replace paper money.

On this he admitted it hasn’t been going quite as fast as he thought previously when he said Apple would kill cash. ‘Nobody likes to carry around cash’, Cook said in October 2016.

David Phelan
Reflection in the ceiling of the Steve Jobs Theater in Apple Park, scene of the shareholders' meeting.

Now he merely said that he hoped that cash would die out during his lifetime.

He also reported that satisfaction with the company’s latest phone, iPhone X, is extremely high – 99%.

But the most interesting stuff came when Cook referred to the success of Apple Watch. The Watch sales are part of the wearables business which also includes headphones such as Beats and AirPods.

Last May, he said that business is approaching the size of a Fortune 500 company. More recently, last month, the size had crept up so it would fall in the top 400.

And this week he showed a video on the Watch and revealed that the business is approaching the size of a Fortune 300 company.

Apple CEO Tim Cook shows new Apple Watch Series 3 products at the Steve Jobs Theater on the new Apple campus, Tuesday, Sept. 12, 2017, in Cupertino, Calif. (AP Photo/Marcio Jose Sanchez)

This is pretty remarkable. As Wareable.com points out, number 300 in 2017 was Alcoa, the aluminum giant headquartered in Pittsburgh, with revenue of $9.318 billion. And to have jumped from 500 to 300 in less than a year is explosive growth, surely. Of course, Apple didn't reveal actual numbers, but this kind of guidance is certainly descriptive.

Other names nearby in the Fortune 500 are eBay (310), Netflix (314), Expedia (317) and just above it is MGM Resorts International at spot 297.

To put this in context, Apple itself is number 3 in the Fortune 500 list, after Walmart and Berkshire Hathaway. Its revenues are listed as $215.639 billion, which is rather bigger, obviously.

If things continue in this direction, what will he say next year? Well, Fast Company believes that the smart money is 'he’ll say Fortune 100’.

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Southwest Missouri county adds text messaging capability at 911 center

FEBRUARY 16, 2018
BY MISSOURINET CONTRIBUTOR

Springfield’s 911 call center can now receive emergency texts from people who can’t call in for help. Director Zim Schwartze says she still wants people to call 911, but for those who can’t speak or hear, this is another option.

Southwest Missouri county adds text messaging capability at 911 center Gilles Lambert

Emergency text messaging is offered in 16 of Missouri’s counties. Springfield-Greene County 911 Emergency Communications Department has formally implemented “Text-to-911” capabilities for rare cases when people are unable to communicate audibly via telephone.

“It was important to prepare and bring this capability to our area to add another way to contact 911, especially for the speech and hearing-impaired community,” says Zim Schwartze, director. “When a response is needed from police, fire, or emergency medical ambulance personnel, you can now text ‘911’ and your message will be delivered into our phone system. We will be able to text a response and determine what assistance you need.”

Schwartze, who’s the former Columbia 911 center director, says that voice 911 calls are still the preferred method of receiving emergency calls so the telecommunicator can talk with the person. The slogan “Call if you can, text if you can’t” is exactly what Schwartze wants the community to remember. Other tips include knowing your location, being brief, using plain language, and avoid abbreviations so the telecommunicator clearly understands what is occurring.

Nearly 22,000 emergency calls come into the Springfield-Greene County 911 Emergency Communications Department monthly, with 82% originating from mobile devices. Nationwide, the number of wireless devices being used has increased dramatically. In turn, the percentage of wireless 911 calls has increased steadily, up from 58% a decade ago in the Greene County area. Recognizing this increasing number of wireless calls led the department to implement “Text-to-911” capabilities for the area.

In 2017, the 911 Telecommunicators in the Operations Center fielded 501,692 total phone calls (emergency and non-emergency) with just over half as 911 emergency calls.

To date, Missouri is the only state that does not collect any fees or tax money from wireless usage to help fund 911 dispatch centers. Several state 911 organizations continue to work towards a goal of passing statewide legislation regarding wireless funding. This legislation hopes to help many dispatch centers who struggle with appropriate funding for 911 services and assist the 16 counties that do not have any 911 call-taking equipment in place.

By Nancy Simpson of Missourinet affiliate KSGF in Springfield

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

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Disaster-Proven Paging for Public Safety

Paging system designs in the United States typically use a voice radio-style infrastructure. These systems are primarily designed for outdoor mobile coverage with modest indoor coverage. Before Narrowbanding, coverage wasn’t good, but what they have now is not acceptable! The high power, high tower approach also makes the system vulnerable. If one base station fails, a large area loses their paging service immediately!

Almost every technology went from analog to digital except fire paging. So it’s time to think about digital paging! The Disaster-Proven Paging Solution (DiCal) from Swissphone offers improved coverage, higher reliability and flexibility beyond anything that traditional analog or digital paging systems can provide. 

Swissphone is the No. 1 supplier for digital paging solutions worldwide. The Swiss company has built paging networks for public safety organizations all over the world. Swissphone has more than 1 million pagers in the field running for years and years due to their renowned high quality.

DiCal is the digital paging system developed and manufactured by Swissphone. It is designed to meet the specific needs of public safety organizations. Fire and EMS rely on these types of networks to improve incident response time. DiCal systems are designed and engineered to provide maximum indoor paging coverage across an entire county. In a disaster situation, when one or several connections in a simulcast solution are disrupted or interrupted, the radio network automatically switches to fall back operating mode. Full functionality is preserved at all times. This new system is the next level of what we know as “Simulcast Paging” here in the U.S.

Swissphone offers high-quality pagers, very robust and waterproof. Swissphone offers the best sensitivity in the industry, and battery autonomy of up to three months. First responder may choose between a smart s.QUAD pager, which is able to connect with a smartphone and the Hurricane DUO pager, the only digital pager who offers text-to-voice functionality.

Bluetooth technology makes it possible to connect the s.QUAD with a compatible smartphone, and ultimately with various s.ONE software solutions from Swissphone. Thanks to Bluetooth pairing, the s.QUAD combines the reliability of an independent paging system with the benefits of commercial cellular network. Dispatched team members can respond back to the call, directly from the pager. The alert message is sent to the pager via paging and cellular at the same time. This hybrid solution makes the alert faster and more secure. Paging ensures alerting even if the commercial network fails or is overloaded.

Swissphone sets new standards in paging:

Paging Network

• It’s much faster to send individual and stacked pages digitally than with analog voice.
• If you want better indoor coverage, you put sites closer together at lower heights.
• A self-healing system that also remains reliable in various disaster situations.
• Place base station where you need them, without the usage of an expensive backhaul network.
• Protect victim confidentiality and prevent unauthorized use of public safety communications, with integrated encryption service.

Pager

• Reliable message reception, thanks to the best sensitivity in the industry.
• Ruggedized and waterproof, IP67 and 6 1/2-feet drop test-certified products.
• Battery autonomy of up to three months, with a standard AA battery.
• Bluetooth enables the new s.QUAD pager to respond back to the dispatch center or fire chief.

Dispatching:

• Two-way CAD interfaces will make dispatching much easier.
• The new s.ONE solution enables the dispatcher or fire chiefs to view the availability of relief forces.
• A graphical screen shows how many of the dispatched team members have responded to the call.

Swissphone provides a proven solution at an affordable cost. Do you want to learn more?
Visit: www.swissphone.com or call 800-596-1914.

Friday, February 16, 2018	Volume 6 | Issue 33

LMCC Wants Enforcement Bureau to Regulate Non-Compliant Wireless Devices

The Land Mobile Communications Council (LMCC) submitted a letter to Rosemary Harold, Chief of the FCC’s Enforcement Bureau, requesting “a meeting with Enforcement Bureau management personnel for the purpose of identifying public relations, educational, enforcement and other potential activities that will serve to address the widespread use of non-rule compliant wireless devices, whose access, illegal use and distribution has reached epidemic proportions.”

In the letter signed by LMCC officers Farokh Latif and Mark Crosby, the Enforcement Bureau was advised that the devices are marketed for use by any entity, for any purpose, for operation on channels ranging from 136–174 MHz and 400–520 MHz, without regard to federal and non-federal spectrum allocations, user eligibility or licensing requirements.

The LMCC noted that this presents a serious risk of harmful interference to federal systems and FCC-compliant systems operated by public safety and business/industrial licensees. The LMCC also advised that the use of non-compliant devices creates significant economic consequences and competitive disadvantages that affect manufacturers and their channel partners who produce and distribute wireless products in full compliance with the Commission’s and National Telecommunications and Information Administration’s operational and technical rules.

---

IWCE Introduces the Next-Generation of Industry Leaders

International Wireless Communications Expo (IWCE), the premier annual event for communications technology professionals, has introduced the second annual IWCE Young Professional Award winners. The award showcases the next-generation of leaders in the communications technology industry who are shaping the future of the industry.

IWCE’s Young Professional Awards recognize young professionals under 35 who have made a significant contribution in his or her company or agency and works in the communications technology industry. These individuals are executing some of the most innovative ideas, showing creativity and initiative.

“Congratulations to the 2018 Young Professional award winners,” said Stephanie McCall, Show Director, IWCE. “These individuals are the up-and-comers in the telecommunications industry, honored for their spectacular work and accomplishments. We look forward to celebrating their achievements at IWCE in March and seeing their contributions in the years to come.”

The 2018 IWCE Young Professional Award winners include:

• Tamim Akimi, LTE Engineer, Booz Allen Hamilton
• Rodrigo Batista de Moura, Deputy Planning Coordinator for Critical Communications, State Secretariat of Public Safety for Rio de Janeiro
• Steven Cheng, Regional Product Manager for North America, Comba Telecom
• Brandon Edelman, Product Manager, Value Added Services, Motorola
• Reinhard Ekl, Vice President of Product and Public Safety, RapidSOS, Inc.
• Colton Engel, Emergency Management and Communications Director, Saline County Emergency Management
• Carrie Johnson, Lead Manager-FirstNet, AT&T
• Alex Lorello, Chief Engineer, SecuLore Solutions
• Stephen McConnell, Service Technician, Turris Communications Ltd.
• Thomas Meno, Information Technology Specialist, Federal Emergency Management Agency
• Benjamin Morgan, Developer; Professional Services, Avtec
• Jared Vanden Heuvel, Project Coordinator, Public Safety Broadband Program, Texas Department of Public Safety
• Ross Venhuizen, Software Strategy & Operations Consultant, Motorola Solutions
• William Wong, DAS Engineering Manager, Advanced RF Technologies, Inc.
• Minghua Xu, Controller, Hytera America, Inc.

Winners will be recognized at a special ceremony on Thursday, March 8. IWCE takes place March 5-9, 2018, at the Orange County Convention Center in Orlando, Florida.

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.

REMINDER: Public Inspection Files to be Submitted on FCC’s Database by March 1, 2018

On February 12, the FCC issued a Public Notice reminding certain broadcasters and cable operators that beginning March 1, public inspection files must be filed on the FCC’s online database. Specifically:

• Commercial radio broadcast stations in markets below the top 50 or outside all markets must place all existing public file material in the online public file, with the exception of existing political file material. In addition, these radio broadcasters must begin placing all new public and political file material in the online file on a going-forward basis.
• Of interest to our clients, cable systems with between 1,000 and 5,000 subscribers must begin placing new political file material in the online file database on a going-forward basis.

These entities are not required to upload political files placed in their public file prior to March 1, 2018; however, they are required to retain those documents until the end of the two-year retention period.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Headlines

REMINDER: CAF Phase II Auction Applications Due March 30

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC has released its Public Notice establishing, among other things, the filing requirements for participating in the upcoming Connect America Fund Phase II auction. Short-form applications for CAF Phase II are due by 6:00 p.m. ET on March 30. BloostonLaw has assisted many of its clients in applying and participating in FCC auctions, and is prepared to assist clients in CAF Phase II.

Initial application requirements include:

• Adequate disclosure of all real parties in interest to any agreements relating to the participation of the applicant in the competitive bidding for Phase II support.
• Adequate disclosure of applicant ownership.
• A demonstration that the applicant is in compliance with the requirements associated with receiving universal service support.
• Specification of states in which the applicant will be placing bids, which may be complicated by multiple entities bidding under common control.
• A demonstration that it has sufficient operational experience and financial qualifications to participate, which information will be validated by the FCC.
• A demonstration that the applicant meets three out of the five financial metrics specified by the FCC.
• A demonstration that the applicant can meet the performance tier / latency combinations for which it plans to bid.
• A certification that it can meet operation assumptions adopted by the FCC.
• For applicants proposing to use spectrum to meet program requirements, that it has the proper authorizations, access, and sufficient spectrum resources to meet FCC requirements.

Under section 1.21004 of the FCC’s rules, a defective application may be dismissed without further consideration, and penalties may apply. Accordingly, it is imperative that companies considering applying for CAF Phase II support do so correctly, and allow adequate time to gather the necessary information. The FCC has announced that it will be holding a workshop on the application process for the Connect America Fund Phase II (CAF II) auction on March 14 from 11:00 a.m. to 1:00 p.m. ET. We strongly encourage carriers considering participation in the auction to begin preparing their applications long in advance. BloostonLaw has a proven track record of assisting clients in successful auction participation. Please contact the firm for more information.

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

President Trump Releases Legislative Outline for Infrastructure, FY 2019 Budget

On February 12, President Trump released his Legislative Outline for Rebuilding Infrastructure in America , as well as his proposed budget for Fiscal Year 2019. Two items in these documents are specifically targeted at rural telecommunications: the Legislative Outline and budget request $50 billion for a Rural Formula Fund, which is designed to “address the significant need for investment in rural infrastructure, including broadband internet service.”

According to the Outline, this Federal funding would be made available to States via formula distribution, along with a bonus competition based on State performance in achieving goals outlined in State-developed rural infrastructure plans. Within this amount, funding is set aside for federally recognized Tribes and U.S. Territories. Second, the Budget also proposes $30 million to fund broadband grants, $23 million in broadband loans, and $24 million to fund distance learning and telemedicine grants through the Department of Agriculture.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Law & Regulation

Bipartisan Legislation Aims to Designate Additional Mid-Band and High-Frequency Spectrum for 5G

A bipartisan bill was introduced into the House of Representatives last week that would have the government auction off use of additional high- and mid-band spectrum and designate more high-frequency spectrum for 5G services as well as for unlicensed use.

The Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum, or AIRWAVES, Act from Reps. Mike Doyle, D-Pa, and Leonard Lance, R-N.J., would also set aside some revenue from spectrum auctions for rural broadband. Congressman Doyle is the Ranking Member of the Communications and Technology Subcommittee, and Congressman Lance serves as Vice Chair.

“The bipartisan AIRWAVES Act is the kind of bill that will make a difference in the lives of Internet users. By opening up more federal spectrum for commercial usage we are helping lay the groundwork for 5G. The Internet is the lifeblood of the American economy – transforming countless industries and everyday life. To compete in the 21st century we must have a robust spectrum pipeline so we can win the race to 5G as we did with 4G LTE. We also have to close the connectivity divide and bring reliable Internet service to a larger segment of Americans – especially those in unserved areas. And with multi-device households on the rise we need more data to stay connected. All consumers need a system with faster speed, better reliability and affordable options and the AIRWAVES Act brings us one step closer,” said Congressman Lance.

The AIRWAVES Act mirrors legislation championed in the U.S. Senate ( S. 1682 ) by Senators Cory Gardner (R-Co) and Maggie Hassan (D-N.H.) that requires the FCC to hold auctions in each of the next three years that grants spectrum licenses in various bands, and National Telecommunications and Information Administration to identify the frequencies for either commercial license use or non-federal unlicensed use, and directs the FCC to allocated 10% of the auction proceeds to fund wireless infrastructure in unserved or underserved rural areas. The FCC will also be directed to conduct a study of how unlicensed spectrum can be used for rural healthcare, distance learning and agriculture.

Phil Murphy, Legislative Director for Congressman Doyle, has pointed out that the House and Senate bills are not identical. The House draft includes “more explicit protections for General Authorized Access (GAA) in the Citizens Broadband Radio Service band; enhanced flexibility for the FCC in the making spectrum available for mobile broadband in the 3700 - 4200 MHz band; retains the current band plan for 37 GHz – 37.6 GHz, which allows for site-specific coordinated shared access for commercial users; and adds 24 and 47 GHz blocks to an aggressive schedule of spectrum auctions in the microwave bands aimed at promoting robust and competitive 5G deployments.”

We have not yet seen full text of the House item, but the Senate version of the AIRWAVES Act directs the FCC, in conjunction with NTIA, to “complete a system of competitive bidding to grant new licenses” for the use of the 3550-3650 MHz spectrum ( i.e., CBRS Priority Access Licenses) by December 31, 2018. The FCC is currently reviewing proposals to license 10 megahertz PALs on the basis of Partial Economic Areas (or PEAs), instead of the census tract-based PAL licensing scheme adopted in 2015. The Senate version of the AIRWAVES Act would require the FCC to “complete a system of competitive bidding” for the use of 28 GHz and 39 GHz spectrum ( i.e., former LMDS and 37-40 GHz band “millimeter wave” spectrum) by December 31, 2019. If passed in its present form, the legislation would give NTIA one year to identify any frequency between 7125 and 8400 MHz that could be made available for unlicensed use.

Wireless carriers and rural advocates have expressed strong support for the bill. “Making additional spectrum available for commercial use will benefit the economy, industry, and most importantly consumers, and will help achieve the FCC’s important goal of closing the digital divide,” said Competitive Carriers Association President Steven K. Berry. Particularly as AT&T and Verizon have dominated secondary market transactions for millimeter wave [high-band] spectrum, a swift auction of these bands will give all carriers a meaningful opportunity to access critical spectrum resources.”

We will keep our clients apprised as the items move through committee and differences are resolved.

BloostonLaw Contacts: Cary Mitchell, John Prendergast

House Passes Kari’s Law, Rural Call Completion Bills

On February 9, The House of Representatives unanimously passed H.R. 582, the Kari’s Law Act of 2017, and S. 96, the Improving Rural Call Quality and Reliability Act of 2017. As we reported in last week’s edition of the BloostonLaw Telecom Update, H.R. 582 was passed by the Senate and sent back to the House for final approval. The bill requires that any multi-line telephone system connects directly to 9-1-1 when dialed, even in instances where the phone requires the user to dial “9” to get an outside line. With this bill approved, it will be heading to President Trump’s desk for signature. S. 96, introduced by Senator Amy Klobuchar (D-MN), would require the Federal Communications Commission to establish call completion standards for intermediary providers that sometimes have not routed calls properly in rural areas. This bill is now likewise ready to head to the President’s desk for signature. “While much has changed since the first 9-1-1 call was placed nearly fifty years ago, fast and reliable emergency communication, no matter where you are, is as important as ever. When an emergency strikes, Kari’s Law will help give every person in America the certainty that dialing 9-1-1 means 9-1-1, even if you’re calling from a hotel or office phone,” said Energy and Commerce Committee Chairman Greg Walden (R-OR) and Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN).

Walden and Blackburn continued, “Poor call quality, not to mention lost or failed calls, are still widespread problems for rural Americans across the country. By focusing on standards for call completion in rural communities, S. 96 ensures that Americans living in rural and remote areas will share the type of high-quality phone service many people in major cities take for granted.”

Kari’s Law and the Improving Rural Call Quality and Reliability Act have been years in the making on the Energy and Commerce Committee. Both pieces of legislation will go a long way to increase public safety and improve the way rural communities make phone calls. We look forward to these critical bills being signed into law soon.”

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

FCC Denies Level 3 Complaint Against AT&T

On February 9, the FCC issued a Memorandum Opinion and Order denying a formal complaint filed September 12, 2017 by Level 3 Communications, LLC (Level 3). In its complaint, Level 3 claimed that AT&T Inc. and its price cap carrier subsidiaries violated Sections 201(b) and 202(a) of the Communications Act by filing tariff revisions that do not properly implement the year six step-down of access charges embodied in Section 51.907(g)(2).

Specifically, Level 3 accuses AT&T of violating Section 51.907(g)(2) by assessing the $0.0007 per minute rate only when tandem switching and transport traffic terminates to an AT&T Price Cap Carrier end office, but not when such traffic terminates to the end office or equivalent facility of an AT&T affiliate that is not itself a price cap carrier, including AT&T’s “affiliated CLEC or wireless end office.” In denying the complaint, the FCC held that the $0.0007 per minute rate in Section 51.907(g)(2) applies only to tandem switching and transport traffic that terminates to a price cap carrier end office.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Industry

FCC Releases Internet and Voice Access Services Reports

On February 8, the FCC released two reports — one on internet access and one on voice — which summarize information about those services as of December 31, 2016 as collected by FCC Form 477. According to the reports, the total number of Internet connections increased; voice subscribership to interconnected VoIP and mobile voice services increased; and voice subscribership to traditional wired telephone services decreased.

Highlights from the Internet Access Services report include:

• Most of the growth in total Internet connections is attributable to increased mobile Internet access subscribership
• In December 2016, 4% of fixed connections (or 4 million connections) were slower than 3 Mbps downstream, 14% (or 15 million connections) were at least 3 Mbps downstream but slower than 10 Mbps, 22% (or 23 million connections) were at least 10 Mbps downstream but slower than 25 Mbps, 37% (or 39 million connections) were at least 25 Mbps downstream but slower than 100 Mbps, and 23% (or 25 million connections) were at least 100 Mbps.
• In December 2016, 13% of fixed connections (or 14 million connections) were slower than 1 Mbps upstream, 22% (or 24 million connections) were at least 1 Mbps upstream but slower than 3 Mbps, 32% (or 34 million connections) were at least 3 Mbps upstream but slower than 6 Mbps, and 32% (or 34 million connections) were at least 6 Mbps upstream.
• The percentage of fixed connections with a downstream speed of at least 25 Mbps has grown from 33% (or 31 million connections) in December 2013 to 60% (or 63 million connections) in December 2016. Over the same period, the percentage of fixed connections with slower downstream speeds of less than 3 Mbps has decreased from 10% (or 10 million connections) in December 2013 to 4% (or 4 million connections) in December 2016.

Highlights from the Voice Telephone Services report include:

• In December 2016, there were 58 million end-user switched access lines in service, 63 million interconnected VoIP subscriptions, and 341 million mobile subscriptions in the United States, or 463 million retail voice telephone service connections in total.
• Over the three-year period, interconnected VoIP subscriptions increased at a compound annual growth rate of 10%, mobile voice subscriptions increased at a compound annual growth rate of 3%, and retail switched access lines declined at 12% per year.
• Of the 121 million wireline retail voice telephone service connections (including both switched access lines and interconnected VoIP subscriptions) in December 2016, 64 million (or 53%) were residential connections and 57 million (or 47%) were business connections
• Cross-classified by technology and the retailer’s regulatory status in Figure 2, the 64 million wireline residential connections in December 2016 were: 35% ILEC switched access lines, 47% non-ILEC interconnected VoIP subscriptions, 15% ILEC interconnected VoIP subscriptions, and 2% non-ILEC switched access lines. Similarly, the 57 million wireline business connections were: 40% ILEC switched access lines, 35% non-ILEC interconnected VoIP subscriptions, 5% ILEC interconnected VoIP subscriptions, and 20% non-ILEC switched access lines.

Chairman Pai Expresses Support for SpaceX Satellite Broadband Application

On February 14, FCC Chairman Ajit Pai proposed to approve an application by Elon Musk’s Space Exploration Holdings, better known as SpaceX, to provide broadband services using satellite technologies in the United States and on a global basis. Ars Technica reports that SpaceX has said it will offer speeds of up to a gigabit per second, with latencies between 25ms and 35ms. Chairman Pai issued the following statement: “To bridge America’s digital divide, we’ll have to use innovative technologies. SpaceX’s application—along with those of other satellite companies seeking licenses or access to the U.S. market for non-geostationary satellite orbit systems—involves one such innovation. Satellite technology can help reach Americans who live in rural or hard-to-serve places where fiber optic cables and cell towers do not reach. And it can offer more competition where terrestrial Internet access is already available.

“Following careful review of this application by our International Bureau’s excellent satellite engineering experts, I have asked my colleagues to join me in supporting this application and moving to unleash the power of satellite constellations to provide high-speed Internet to rural Americans. If adopted, it would be the first approval given to an American-based company to provide broadband services using a new generation of low-Earth orbit satellite technologies.”

Deadlines

MARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2011, is due March 1. The form covers the period July 1 to December 31, 2012, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office.

If you do not receive the form, please contact Gerry Duffy.

MARCH 1: CPNI ANNUAL CERTIFICATION. Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2018. The certification must be filed with the FCC by March 1. Note that the annual certification should include the following three required Exhibits: (a) a detailed Statement Explaining How The Company’s Operating Procedures Ensure Compliance With The FCC’S CPNI Rules to reflect the Company’s policies and information; (b) a Statement of Actions Taken Against Data Brokers; and (c) a Summary of Customer Complaints Regarding Unauthorized Release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and file the certification with the FCC in the correct fashion. Our clients can forward the original to BloostonLaw in time for the firm to make the filing with the FCC by March 1, if desired. BloostonLaw is prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance manual should contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554). Note: If you file the CPNI certification, you must also file the FCC Form 499-A Telecom Reporting Worksheet by April 1.

BloostonLaw Contacts: Gerry Duffy and Mary Sisak.

MARCH 1: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census. Specifically, three types of entities must file this form:

1. Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections — which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction — must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial and satellite mobile wireless service providers, BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.)
2. Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs).
3. Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license that it manages, or for which it has obtained the right to use via lease or other arrangement with a Band Manager.

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

MARCH 31: STREAMLINED INTERNATIONAL CIRCUIT CAPACITY REPORT. No later than March 31, 2018, all U.S. international carriers that owned or leased bare capacity on a submarine cable between the United States and any foreign point on December 31, 2017 and any person or entity that held a submarine cable landing license on December 31, 2017 must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. Additionally, cable landing licensees must file information on the Circuit Capacity Report about the amount of available and planned capacity on the submarine cable for which they have a license. Last year, the FCC eliminated the requirement for U.S. International Carriers that owned or leased bare capacity on a terrestrial or satellite facility to show its active common carrier circuits for the provision of service to an end-user or resale carrier, including active circuits used by itself or its affiliates.

BloostonLaw Contacts: Gerry Duffy.

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis ex-emption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy and Sal Taillefer.

APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that (1) states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules; (2) states that the company has in fact kept records for the previous calendar year; (3) contains contact information for the individual or individuals handling customer complaints under Part 14; (4) contains contact information for the company’s designated agent; and (5) is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company.

BloostonLaw Contacts: Gerry Duffy, Mary Sisak, and Sal Taillefer.

Calendar At-a-Glance

February
Feb. 15 – Comments are due on MVPD communications proceeding.
Feb. 16 – Reply comments are due on Wireline Infrastructure NPRM.
Feb. 22 – Reply comments are due on Robocall Blocking FNPRM.
Feb. 22 – Reply comments are due on Spectrum Frontiers / Above 24 GHz Report and Order.
Feb. 26 – Comments are due on national television audience reach cap review.

March
Mar. 1 – Copyright Statement of Account Form for cable companies is due.
Mar. 1 – Annual CPNI Certification is due.
Mar. 1 – FCC Form 477 (Local Competition & Broadband Reporting) is due.
Mar. 2 – Reply comments are due on MVPD communications proceeding.
Mar. 2 – PRA comments due on FCC Form 183.
Mar. 5 – PRA Comments are due on pole attachment complaint process; network change notification revisions.
Mar. 27 – Reply comments are due on national television audience reach cap review.
Mar. 30 – Deadline for CAF Phase II Auction Applications.
Mar. 31 – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.
Mar. 31 – Streamlined International Circuit Capacity Report is due.

April
Apr. 1 – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due.
Apr. 1 – Annual Accessibility Certification is due.

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.

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

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

“It is no disgrace to fail; it is a disgrace to do less than your best to keep from failing.”

—Dr. Bob Jones, Sr.

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