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Wireless News Aggregation

Friday — January 12, 2018 — Issue No. 788

Friday — January 19, 2018 — Issue No. 789


Double Feature


My Internet connection was out for most of the day on Friday, January 12th — I received a new modem from my ISP and planned on getting last week's issue out to you the next day. Unfortunately I was visited by some awful malady. I don't know if it was the flu or a cold, I just know that I didn't feel like doing much for the last week. I am starting to feel a little better today. The weather report on TV is saying that there are epidemics in 49 of our 50 states. It sure would be nice to be lying on the beach in Hawaii — but I am sure they wouldn't appreciate me making them the 50th flu state (if that's what I have).

Editing this newsletter is my favorite pastime so you know that I hated to miss an issue. Looking back over my past issues, I haven't missed over two or three each year for the past 16 years, frequently less.

Hope you can help me keep it going as long there is Wireless Messaging News to report.

P.S. My ISP is Frontier Communications via a telephone wireline using ISDN aDSL (I guess). It has been fairly reliable for a couple of years since I shifted from a Wi-Fi type service. The best speed I could get was around 6 Mbps downloading since I live in the country. Lately the service has become terrible. They have dropped my speed in half so they could overload the system and add more customers. They say they are working on an upgrade to their server and promised to call me — but I don't hear from them. The sad part is that I am still paying for the higher rate. The politicians in Washington DC are all blabbing about the importance of high-speed rural internet but it hasn't reached me. Sad to note that there is fiber along US Highway 45 just a couple of hundred yards west of me.


Gunshot Detection Solution SENTRI II Successfully Deployed in Baltimore by Beeper Communications and Mantaro Networks

NEWS PROVIDED BY Mantaro Networks, Inc. Jan 15, 2018, 16:45 ET

GERMANTOWN, Md., Jan. 15, 2018 /PRNewswire/ — Beeper Communications, Israel and Mantaro Networks, Inc. have successfully deployed the first portable/mobile versions of the Safety Dynamics' SENTRI II, Gunshot detection systems, in the city of Baltimore. The deployment marks a milestone in the advancement of this proven public safety technology, by allowing the standalone gunshot detection systems to be completely portable using Beeper's advanced wireless cellular bonding solution, the IE 5000 Multi-WAN Channel Bonder. The IE 5000 delivers high capacity broadband connectivity where and when needed by the user.


Gunshot Detection with Bonded Cellular

"Integrating the Beeper IE 5000 bonded Cellular platform to the SENTRI system has resulted in a real market disruption in the industry…" said Sally Fernandez, CEO Safety Dynamics. Fernandez went on to say "...SENTRI II changes the game for gunshot detection technology. Safety Dynamics now has a complete standalone portable system, with power and network connection that offers gunshot detection and surveillance, anytime and anywhere you need it." Unlike competing GSD solutions, each SENTRI unit operates independently and does not rely on a larger matrix of sensors. This provides superior reliability and significant cost savings for the end user. The integration of bonded cellular wireless communications adds unmatched flexibility, as the units are now untethered from any reliance on fixed wired infrastructure such as fiber or cable resulting in significantly reduced deployment costs." Through the IE 5000 SENTRI II offers the end users link aggregation, bonding, load balancing and redundancy, assuring highly reliable and secure data and video transmission.

Beeper's IE 5000 cellular bonder is the leading anywhere-to-everywhere wireless Comprehensive Communication Device (CCD). "There is a clear and rapidly growing need for GSD solutions, as many major cities continue to experience gun violence on an epidemic scale. The flexibility that the portable SENTRI II provides is unprecedented in the industry. Competitive solutions are expensive and can require months of test and validation which adds to expense and can strain municipal budgets," said Fernandez. "Our new solution, SENTRI II, that we have jointly developed, is rapidly deployable and immediately operational … and now can be moved at will to the areas most in need of this deterrent technology saving both time and money," states Moshe Levinson, SVP Business Development and Special Situations, Beeper Communications.

Safety Dynamics is an industry pioneer specializing in gunshot detection, camera and acoustic surveillance and other analytical sensory technology and warning systems. The SENTRI solution uses patented acoustic algorithms identifying the precise location with plus/minus 1 degree of accuracy. Alert and notification is delivered directly to the user within less than 1 second of an event. The system immediately geo-locates the event and will plot it on a map, which can be integrated with the user's command center or Network Operations Center (NOC). The current project is an extension of a 2015 pilot project with the City of Baltimore. The addition of the SENTRI II portable version of Safety Dynamics advanced acoustic surveillance analytical sensory technology with Beeper's communications solution will enable further efficacy and strategic use of the systems. For example, the City of Baltimore can now deploy quickly for "one-off" events, such as the Preakness, that occurs once a year. Events and concerts such as the one at the Mandalay Bay in Las Vegas or unplanned events can now be protected more effectively and on short notice. "SENTRI II could have detected the glass breaking at the Mandalay Bay Resort in Las Vegas within less than 1 second and provided the precise location of the shooter enabling security personnel to move in more quickly and more accurately to apprehend the shooter," said Fernandez.

Mantaro Networks provides best in class engineering services for the project working closely with all partners from the manufacture of the system itself to the installation. Mantaro already sells and supports the Beeper and Safety Dynamics technology in the U.S., and will also incorporate enhanced automatic testing and emulation software. This "24/7 Health Check" further improves upon the existing system's maintenance, monitoring and control capabilities.

The Companies will expand the program with 4 other US city projects in the Northeast and Midwestern US. The next deliveries are scheduled for January of 2018 to the City of Houston.


It's good to see paging companies diversifying their businesses into other wireless and related areas. Also, please note the following article about Dan and Linda Kiely who made it into the list of the wealthiest people in Ireland. Congratulations to all of these paging people.


So . . . on to the news.

Wayne County, Illinois


Wireless Messaging 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.


About Us

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 Policy

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 opinions.


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The Wireless Messaging News
Board of Advisors

Frank McNeill
Founder & CEO
Communications Specialists
Jim Nelson
President & CEO
Prism Systems International
Kevin D. McFarland, MSCIS
Sr. Application Systems Analyst
Dartmouth-Hitchcock
Medical Center
Paul Lauttamus, President
Lauttamus Communications & Security
R.H. (Ron) Mercer
Wireless Consultant
Barry Kanne
Paging Industry Veteran
Ira Wiesenfeld, P.E.
Consulting Engineer
Allan Angus
Consulting Engineer

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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Advertiser Index

Hark Technologies
IWA Technical Services, Inc. (Ira Wiesenfeld)
Leavitt Communications
Prism Paging
Product Support Services (PSSI)
Paging & Wireless Network Planners LLC (Ron Mercer)
Swissphone

Throwback Thursday

By RCR Wireless News on JANUARY 11, 2018

RCR Wireless News goes all in for “Throwback Thursdays,” tapping into our archives to resuscitate the top headlines from the past. Fire up the time machine, put on the sepia-tinted shades, set the date for #TBT and enjoy the memories!


MOTOROLA TO OFFER CDMA PHONE SOON

By Reily Gregson on JANUARY 11, 1999

LAS VEGAS-Motorola Inc. announced plans to commercially introduce the SC3160 phone, a new entry-level Code Division Multiple Access wireless phone at the Consumer Electronics Show here last week. Commercial availability in the Americas for the SC3160 is slated for the first quarter, said Motorola.

Motorola also introduced several new paging products at CES, including an upgraded version of its two- way pager, called the PageWriter 2000X.

The new pager has three times the memory capacity of the previous model, up to 3.25 megabytes, so it can hold a much larger number of contact list entries and various software applications. According to Amy Kabcenell, market development and training manager for Motorola’s North American Paging Subscriber division, the company is hoping to attract more third-party developers to write applications for the new device, and believes this added memory capacity will aid in that effort.

Motorola was previewing the 2000X at CES, with expectations to have it commercially available this summer.

Also previewed at the show was a new card to add paging capabilities to Windows CE powered handheld devices called the CF1350. According to Steve Shapiro, senior marketing manager for Motorola’s Paging Products group, the new card functions much like the Synapse Pager Card, developed for the Palm series of handheld organizers, except it is for WCE devices and can operate over several paging carriers’ networks.

Shapiro said the new card is designed to accept text and numeric one-way messaging. Only handheld devices built specifically to process these paging signals will be able to make use of the information, though. In other words, the pager card is the receiver for the paging signals, but for the numeric or text information to come on screen, the device itself must be configured to make sense of that information.

The first manufacturer to release such a wireless-ready handheld device is Hewlett Packard CO., with its Jornada 42, displayed at the Motorola booth along with the new pager card.

The CF1350 is expected to be available this summer as an after-market product, retailing in the high $100 range, said Shapiro.

Source: RCRWirelessNews  


Hark Technologies

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Wireless Communication Solutions


Paging Data Receiver (PDR)

pdr

  • Frequency agile—only one receiver to stock
  • USB or RS-232 interface
  • Two contact closures
  • End-user programmable w/o requiring special hardware
  • 16 capcodes
  • POCSAG
  • Eight contact closure version also available
  • Product customization available

Other products


Please see our web site for other products including Internet Messaging Gateways, Unified Messaging Servers, test equipment, and Paging Terminals.

Contact
Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: sales@harktech.com left arrow CLICK
Web: http://www.harktech.com left arrow CLICK

Hark Technologies

 


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Back To Paging

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Still The Most Reliable Protocol For Wireless Messaging!

 


IMPORTANT

“Is Paging Going Away?” by Jim Nelson

  • Click here for English.
  • Click here for German. (Berlin Revision: November 8, 2016)
  • Click here for French.

Here is an English PDF edit of this paper formatted with page breaks and suitable for printing.

Volunteers needed for translations into other languages.



FIRE & RESCUE   GOVERNMENT & POLITICS

Harris Corp. insists 9-1-1 system works

St. Mary's County 01/18/2018 By Max Green

Hollywood, MD — The following missive was submitted as a Letter to the Editor by Max Green of Harris Corporation

Having served the people of St. Mary’s County for nearly 20 years, Harris Corporation is saddened by the tragedy on October 24, 2017, and has assisted the county with a comprehensive technical review of the events of that morning. Unfortunately, one commissioner remains unconvinced by our findings, despite our commitment to providing the county with verified facts.

Because the people of St. Mary’s County deserve objectivity and substantiated facts, Harris used an independent third-party source to verify—with certainty—that VHF Fire Paging Tones were transmitted and received in their entirety as noted on a public scanner. Harris went further to publicly and candidly respond to questions from the Commission, including noting that we cannot speak to the performance of the equipment in the fire stations that falls outside of our contract with St. Mary’s County. Harris can, however, assure the people served by the community’s volunteer first responders that Fire Paging Tones were both sent by the Harris radio system and received by an independent public scanner.

Those are the facts—as verified by a third-party—and we stand by our system and our work. Harris welcomes an independent review of the emergency radio system and contract procurement process, and will continue to support the county in this important effort.


Read previous stories regarding the 9-1-1 system failure here.

Source: TheBayNet.com  

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Prism-IPX Systems

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Critical Messaging that works
Secure . . . Dependable . . .
and Encrypted

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   left arrow


Product Support Services, Inc.

Repair and Refurbishment Services

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pssi pssi

Product Support Services, Inc.

511 South Royal Lane
Coppell, Texas 75019
(972) 462-3970 Ext. 261
sales@pssirl.com left arrow
www.pssirl.com left arrow

PSSI is the industry leader in reverse logistics, our services include depot repair, product returns management, RMA and RTV management, product audit, test, refurbishment, re-kitting and value recovery.


Leavitt Communications

leavitt

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

UNICATION bendix king
ZETRON

motorola blue Motorola SOLUTIONS

COM motorola red Motorola MOBILITY spacer
  usalert
Philip C. Leavitt
Manager
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
CONTACT INFORMATION
E-mail: pcleavitt@leavittcom.com
Web Site: www.leavittcom.com
Mobile phone: 847-494-0000
Telephone: 847-955-0511
Fax: 270-447-1909
Skype ID: pcleavitt

Swissphone

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.


Leavitt Communications

We can supply alphanumeric display, numeric display, and voice pagers.

We also offer NEW and refurbished Alphamate 250s, refurbished Alphamate IIs, the original Alphamate refurbished, and new and refurbished pagers, pager repairs, pager parts, and accessories. We are FULL SERVICE in Paging! Outstanding service is our goal.

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

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

LEAVITT COMMUNICATIONS
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
www.leavittcom.com


Friday, January 19, 2018

Volume 6 | Issue 13 

Pai Shares Draft of 2018 Broadband Deployment Report

FCC Chairman Ajit Pai circulated the draft of the 2018 Broadband Deployment Report among his colleagues. The agency’s responsibility for issuing the annual report was spelled out in the 1996 Telecommunications Act.

The draft report maintains the same benchmark speed for fixed broadband service previously adopted by the Commission: 25 Mbps download/3 Mbps upload. It also concludes that mobile broadband service is not a full substitute for fixed service. Instead, the document notes there are differences between the two technologies, including clear variations in consumer preferences and demands, according to the Chairman.

“The draft report indicates the pace of both fixed and mobile broadband deployment declined dramatically in the two years following the prior Commission’s Title II Order,” stated Pai. “However, the draft report also discussed how, over the course of the past year, the current Commission has taken steps to reduce barriers to infrastructure investment and promote competition in the broadband marketplace.”

He indicated the policies show the current FCC is now meeting its statutory mandate to encourage the deployment of broadband on a reasonable and timely basis. “But while we are now headed in the right direction, our work has just begun,” stated Pai. “Far too many Americans still lack access to high-speed internet, and that’s why the FCC’s top priority under my leadership remains bridging the digital divide and bringing digital opportunity to all Americans.”


Pai on HI: ‘We Want to Understand How This Mistake Occurred’


FCC Chairman Ajit Pai at NAB

FCC investigators are on the ground in Hawaii gathering information on last weekend’s false missile alert, FCC Chairman Ajit Pai told attendees at an NAB event about broadcasters’ role in emergencies Thursday. “We want to understand how this mistake occurred, why it took 38 minutes for the state of Hawaii to issue a correction alert, and what needs to be done to ensure that this does not happen again, in Hawaii or elsewhere,” he said.

Speaking of public safety in general, Pai highlighted three areas the Commission is working on: resiliency, alerting and next-gen TV. Last month, the agency sought public input on topics related to the 2017 hurricane season, especially their impact on broadcasters. Comments are due January 22. Pai said the input will help inform workshops the FCC plans to hold this year on improving future response efforts.

He described challenges related to power loss like not having backup power nor fuel to run a generator. “Infrastructure damage, such as downed towers, is another concern. I myself saw a massive downed tower at the top of a mountain in El Yunque National Forest in Puerto Rico—a critical vantage point for serving the island,” said Pai. The FCC is working with service providers it regulates and “encouraging their efforts to meet these challenges.”

And next-gen TV or ATSC 3.0, provides new ways to reach the public during emergencies; it has the ability to send a signal to wake up your TV so viewers can see alerts, in multiple languages, he said. The technology will also allow alerts to be more narrowly targeted.

“We don’t think we should hold back new services,” said Pai. “Broadcasters should be able to innovate. The work you do is certainly not lost on this regulator,” he said as he ended his speech.

Source: Inside Towers newsletter Courtesy of the editor of Inside Towers.

BloostonLaw Newsletter

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.


 BloostonLaw Telecom Update Vol. 21, No. 2 January 10, 2018 

FCC Aiming for July Start to CAF Phase II Auction

In prepared remarks made before the National Rural Electric Cooperative Association, Chairman Pai’s wireline advisor Jay Schwarz stated that the FCC is “planning on beginning the CAF 2 auction this July.” Schwarz’ statement was prompted by the internal circulation of proposed bidding rules and procedures for the auction among the five commissioners, and an upcoming order to be considered in January “resolving all remaining petitions for reconsideration regarding CAF 2 that will clear the way for the auction.”

On December 19, the FCC issued a list of locations that are eligible for up to $2 billion in support for broadband deployment over the next decade. A list of eligible census blocks can be found here, and a map of those locations can be found here. BloostonLaw has assisted clients in the successful participation in previous FCC reverse auctions, including preparation of the participation applications; handling bids; assisting with formulation of bidding strategies, advice regarding the complex bidding rules; and preparation of related agreements and disclosures.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, John Prendergast, Cary Mitchell, and Sal Taillefer.

Headlines


FCC Issues Tentative Agenda for January Open Meeting

On January 10, FCC Chairman Ajit Pai announced that the following items are tentatively on the agenda for the January Open Commission Meeting, which is currently scheduled to take place on January 30:

  • Wireless Emergency Alerts: a Second Report and Order and Second Order on Reconsideration to enhance the effectiveness of Wireless Emergency Alerts, including improving the geographic accuracy of these alerts. (PS Docket Nos. 15-91; 15-94)
  • Connect America Fund Phase II Reconsideration Order: an Order and Order on Reconsideration addressing the remaining issues raised by parties challenging the FCC’s orders implementing the Connect America Phase II auction (Auction 903), in which service providers will compete to receive support of up to $1.98 billion to offer voice and broadband service in unserved high-cost areas. (WC Docket No. 10-90)
  • Connect America Fund Phase II Auction (Auction 903): a Public Notice establishing procedures for the Connect America Fund Phase II auction, for service providers that commit to offer voice and broadband services to fixed locations in unserved high-cost areas. (AU Docket No. 17-182; WC Docket No. 10-90)
  • Establishment of the Office of Economics and Analytics: an Order to establish an Office of Economics and Analytics. (MD Docket No. 18-3)
  • Paper Filing of Contracts: a Notice of Proposed Rulemaking proposing to eliminate the requirement that broadcast licensees and permittees routinely submit paper copies of contracts and other documents to the FCC as specified in Section 73.3613 of the FCC’s rules. (MB Docket Nos. 18-4; 17- 105)
  • Obsolete Media Rules: an Order deleting rules made obsolete by the Digital TV transition. (MB Docket No. 17-105).

The Open Meeting will be streamed live at www.fcc.gov/live and can be followed on social media with #OpenMtgFCC. Continuing with the FCC’s pilot program, public drafts of each item described above is linked within the description. One-page cover sheets are included in the public drafts to help summarize each item. These are not final drafts and may be different than what the FCC ultimately considers and adopts.

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

FCC Releases Full Text of Order Repealing Net Neutrality

On January 5, the FCC released the full text of its Order reinstating the information service classification of broadband internet access service (BIAS) and repealing the Bright Line Rules of Net Neutrality. A copy of the document can be obtained here.

Originally adopted on December 14, the Order restores the classification of broadband Internet access service as a less regulated “information service,” and reinstates the private mobile service classification of mobile broadband Internet access service. The Order also eliminates the Internet Conduct Standard and the Bright Line Rules.

The final Order does include transparency requirements that purportedly mandate ISPs to disclose information about their practices. The Order also pre-empts any state or local regulation that “would effectively impose rules or requirements that [the FCC] repealed or decided to refrain from imposing in this order or that would impose more stringent requirements for any aspect of broadband service that [the FCC] address[ed] in this order.”

The final Order includes a lengthy dissent by Commissioner Clyburn, stating “I dissent, because I am among the millions outraged. Outraged, because the FCC pulls its own teeth, abdicating responsibility to protect the nation’s broadband consumers.”

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

PRA Comment Sought on Pole Attachment Complaint Process; Network Change Notification Revisions

On January 4, the FCC published notice in the Federal Register that it is seeking OMB approval for the revisions to the pole attachment complaint and network change notification rules it adopted in the Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Order, WC Docket No. 17- 84. Paperwork Reduction Act (PRA) comments are due by March 5.

Specifically, Commission Rule 1.1424 states that the procedures for handling pole attachment complaints filed by incumbent local exchange carriers (ILECs) are the same as the procedures for handling other pole attachment complaints and the associated information collection, among other things, tracks the burdens associated with utilities defending against complaints brought by ILECs related to unreasonable rates, terms, and conditions for pole attachments. In the Order, the FCC expanded the type of pole attachment complaints that can be filed by ILECs, now allowing them to file complaints related to a denial of pole access by utilities.

Section 251(c) of the Communications Act pertains to network change disclosures. The information collections associated with section 251 are used to implement (1) local exchange carriers' (“LECs”) obligations to provide their competitors with dialing parity and non-discriminatory access to certain services and functionalities; (2) incumbent local exchange carriers' (“ILECs”) duty to make network information disclosures; and (3) numbering administration. In the Order, the FCC adopted new rules concerning certain information collection requirements implemented under section 251(c)(5). Most of the changes to those rules apply specifically to a certain subset of network change disclosures, namely notices of planned copper retirements. In addition, the changes remove a rule that prohibits incumbent LECs from engaging in useful advanced coordination with entities affected by network changes.

Unlike traditional FCC comments, PRA comments must focus on: (i) whether the proposed collection of information is necessary for the proper performance of the functions of the FCC, including whether the information will have practical utility; (ii) the accuracy of the FCC’s burden estimate; (iii) ways to enhance the quality, utility, and clarity of the information collected; (iv) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (v) ways to further reduce the information burden for small business concerns with fewer than 25 employees. BloostonLaw routinely prepares PRA comments and is available for assistance.

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

Commissioner Carr Renominated to Full Term at FCC

On January 9, President Trump officially renominated Commissioner Brendan Carr to serve a full five-year term on the FCC beginning July 1. Commissioner Carr is currently serving out the remainder of former Chairman Tom Wheeler’s term, which expires at the end of June, by virtue of a deal reached last summer between Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY).

In a statement, Commissioner Carr said, “I want to thank President Trump for renominating me to a second term as a Commissioner of the FCC. Serving on the Commission is a tremendous honor and privilege, and I am proud of the work we have already accomplished. If reconfirmed, I look forward to many more years of working with my colleagues at the FCC on policies that will create jobs, spur investment, and grow the economy for the benefit of all Americans.”

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Comment Deadline Established for “Twilight Towers” Exception

On January 10, the FCC published in the Federal Register its Public Notice in which it proposes to adopt an exclusion from routine historic preservation review under section 106 of the National Historic Preservation Act for undocumented or “twilight” towers. Comments are due February 9, and reply comments are due February 26.

Twilight Towers are towers whose construction commenced between March 16, 2001, and March 7, 2005, that either did not complete Section 106 review or cannot be documented to have completed such review. In the Public Notice, the FCC seeks comment on a draft Program Comment addressing the historic preservation review requirements for collocating communications equipment on Twilight Towers. If adopted by the Advisory Council on Historic Preservation (ACHP), the draft Program Comment would establish procedures for permitting collocations on Twilight Towers. Specifically, the Program Comment provides that an antenna may be mounted on a Twilight Tower unless:

  1. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%; or
  2. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets; or
  3. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower a certain amount; or
  4. The mounting of the proposed antenna would involve excavation outside the current tower site; or
  5. The tower has been determined by the FCC to have an adverse effect on one or more historic properties; or
  6. The tower is the subject of a pending environmental review or related proceeding before the FCC involving compliance with Section 106 of the NHPA; or
  7. The collocation licensee or the owner of the tower has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, a Tribal Nation or NHO, a SHPO, or the Advisory Council that the collocation has an adverse effect on one or more historic properties.

In the event that a proposed collocation on a Twilight Tower does not meet the conditions specified above for this exclusion, the collocation must undergo historic preservation review as required by the rules of the Advisory Council.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Law & Regulation


President Trump Signs Executive Order to Expedite Rural Broadband Facility Location

On January 8, President Trump signed an executive order on “streamlining and expediting requests to locate broadband facilities in rural America.” According to the order, the policy of the executive branch is “to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern high-speed broadband connectivity in rural America, including rural homes, farms, small businesses, manufacturing and production sites, tribal communities, transportation systems, and healthcare and education facilities.”

Specifically, under the executive order:

  • All applicants and Federal property managing agencies must use the GSA Common Form Application for wireless service antenna structure siting developed by the Administrator for requests to locate broadband facilities on Federal property.
  • The Administrator of General Services (Administrator) must evaluate the effectiveness of the GSA Common Form Application for use in streamlining and expediting the processing and review of requests to locate broadband facilities on Federal real property.
  • Federal property managing agencies must expeditiously review and approve such requests unless an approval would negatively affect performance of the agency’s mission or otherwise not be in the best interests of the United States.

The order states, however, that it is “not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”

BloostonLaw Contacts: Ben Dickens, John Prendergast, and Sal Taillefer.

FCC Adjusts Maximum Forfeiture Amounts for Inflation

As required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “2015 Inflation Adjustment Act”), the FCC is making its annual adjustment to the forfeiture amounts covered under its rules and Forfeiture Policy. The “2015 Inflation Adjustment Act requires federal agencies, such as the FCC to publish these annual adjustments by January 15 of each year. The 2015 Inflation Adjustment Act provides that the new penalty levels apply to penalties assessed after the effective date of the increase, which will be January 15, 2018, even if the violation had occurred before the increase was announced.

The determination for the annual inflation adjustments are based upon guidance issued by the Office of Management and Budget (“OMB”). Under this guidance, the FCC was required to identify any applicable civil monetary penalties (or forfeitures/fines) and then apply the OMB-supplied adjustment multiplier for 2018, which is: 1.02041. The resulting forfeiture penalty base amount is then rounded up or down to the nearest whole dollar.

Below is a sampling of the maximum forfeiture amounts for both 2017 and 2018 in dollars for each day of violation as well as the maximum for any single act or failure to act. In looking at these forfeiture amounts, it is important to remember that the FCC can treat each day of a violation as a separate violation.

Type Violation 2017 2018

Title II    
Section 202(c) Common Carrier Discrimination $11,548
$577/day
$11,784
$589/day
Section 203(e) Common Carrier Tariffs $11,548/day $11,784/day
Section 214(d) Common Carrier Line Extensions $2,309/day $2,356/day
Section 223(b) Common Records and Accounts $11,548/day $11,784/day
     
Title III    
Section 503(b)(2)(A) – Broadcast/Cable $48,114/day
$481,147/max
$49,096/day
$490,967/max
Section 503(b)(2)(B) – Common Carrier $192,459/day
$1,924,589/max
$196,387/day
$1,963,870/max
Section 503(b)(2)(D) – Private User $19,246/day
$144,344/max
$19,639/day
$147,290/max
Section 503(b)(2)(F) – Equipment Manufacturer $110,524/day
$1,105,241/max
$112,780/day
$1,127,799/max

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Industry


AT&T Walks Away from Huawei Smartphone Deal

On January 8, The Wall Street Journal reported that AT&T Inc. walked away from a deal to sell smart phones made by Huawei Technologies Co., according to “people familiar with the matter.” According to the Wall Street Journal, it is unclear why AT&T backed off; and spokesmen for AT&T and Huawei both declined to comment. There is some speculation that the 2012 Congressional report raising concerns about state-sponsored spying related to equipment made by Huawei may have had something to do with the decision. According to the Wall Street Journal, Huawei has denied any involvement in espionage on behalf of China and has said “the report was politically motivated.”

The agreement would have been the first partnership for Huawei with a major U.S. mobile carrier. The company is currently the number three smartphone brand behind Samsung and Apple.

Deadlines


JANUARY 16: HAC REPORTING DEADLINE. The next Hearing Aid Compatible (HAC) reporting deadline for digital commercial mobile radio service (CMRS) providers (including carriers that provide service using AWS-1 spectrum and resellers of cellular, broadband PCS and/or AWS services) is January 16, 2018. Non-Tier I service providers must offer to consumers at least 50 percent of the handset models per air interface, or a minimum of ten handset models per air interface, that meet or exceed the M3 rating, and at least one-third of the handset models per air interface, or a minimum of ten handset models per air interface, that meet or exceed the T3 rating. Month-to-month handset offering information provided in annual reports must be current through the end of 2017. With many of our clients adjusting their handset offerings and making new devices available to customers throughout the year, it is very easy for even the most diligent carriers to stumble unknowingly into a non-compliance situation, resulting in fines starting at $15,000 for each HAC-enabled handset they are deficient. Following the T-Mobile USA Notice of Apparent Liability (FCC 12-39), the FCC’s enforcement policy calls for multiplying the $15,000 per-handset fine by the number of months of the deficiency, creating the potential for very steep fines. It is therefore crucial that our clients pay close attention to their HAC regulatory compliance, and monthly checks are strongly recommended. In this regard, we have prepared a HAC reporting template to assist our clients in keeping track of their HAC handset offerings, and other regulatory compliance efforts. ALL SERVICE PROVIDERS SUBJECT TO THE FCC’S HAC RULES – INCLUDING COMPANIES THAT QUALIFY FOR THE DE MINIMIS EXCEPTION – MUST PARTICIPATE IN ANNUAL HAC REPORTING. To the extent that your company is a provider of broadband PCS, cellular and/or interconnected SMR services, if you are a CMRS reseller and/or if you have plans to provide CMRS using newly licensed (or partitioned) AWS or 700 MHz spectrum, you and your company will need to be familiar with the FCC’s revised rules.

BloostonLaw contacts: John Prendergast, Cary Mitchell, and Sal Taillefer.

FEBRUARY 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. The FCC has modified this form in light of its decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual Form 499-A that is due April 1.

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

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

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

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 2017. 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.

Calendar At-A-Glance


January
Jan. 16 – Reply comments are due on Ancillary or Supplementary Services and Broadcast Public Notices.
Jan. 16 – Annual Hearing Aid Compatibility Report is due.
Jan. 17 – Comments are due on Wireline Infrastructure NPRM.
Jan. 23 – Comments are due on Robocall Blocking FNPRM.
Jan. 25 – Comments are due on Spectrum Frontiers / Above 24 GHz Report and Order.
Jan. 26 – Reply comments are due on Nationwide Number Portability NPRM.
Jan. 31 – FCC Form 555 (Annual Lifeline ETC Certification Form) is due.

February
Feb. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Feb. 1 – FCC Form 502 (Number Utilization and Forecast Report) is due.
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.

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. 5 – PRA Comments are due on pole attachment complaint process; network change notification revisions.
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.


 BloostonLaw Telecom Update Vol. 21, No. 3 January 17, 2018 

REMINDER: High Cost HUBB Filing Due March 1

On January 17, the Universal Service Administrative Company (USAC) published a reminder that carriers participating in modernized Connect America Fund programs must file deployment data with USAC's HUBB (High Cost Universal Broadband) portal showing where they are building out mass-market, high-speed internet service by March 1. The filing requires submission of latitude and longitude coordinates for all broadband locations newly deployed or upgraded during 2017.

Carriers with questions about the filing should contact the firm for more information.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, John Prendergast, Cary Mitchell, and Sal Taillefer.

Headlines


FCC Issues Statement on Proposal to Provide $500 Million in Additional Funding for Rural Broadband

On January 16, FCC Chairman Ajit Pai circulated among the Commissioners an order “to promote more high-speed broadband deployment in rural areas.” According to a Press Release, the order, if adopted, would provide over $500 million in additional funding for cooperatives and small rural carriers. The order is also said to contain “strong new rules to prevent abuse of the high-cost program.” Finally, the order reportedly proposes several reforms to the FCC’s high-cost program aimed at improving its effectiveness and efficiency in promoting rural broadband deployment, including the use of a Tribal Broadband Factor to enable better access on Tribal lands. Chairman Pai offered the following statement:

“Closing the digital divide is the FCC’s top priority. A key way to reach this goal in rural America is updating the FCC’s high-cost universal service program to encourage cooperatives and other small, rural carriers to build more online infrastructure. We need more deployment in sparsely populated rural areas if we’re going to extend digital opportunity to all Americans. But I’ve heard from community leaders, Congress, and carriers that insufficient, unpredictable funding has kept them from reaching this goal. With the $500 million in new funding provided by this order, we’ll boost broadband deployment in rural America and put our high-cost system on a more efficient path, helping to ensure that every American can benefit from the digital revolution.”

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

Robocall Blocking Rules Effective February 12

On January 12, the FCC published in the Federal Register its Report and Order adopting “new rules that protect consumers from unwanted robocalls.” Specifically, the new rules expressly authorize voice service providers to proactively block telephone calls when the subscriber of a phone number requests that calls purporting to originate from that number be blocked, and when calls purport to originate from three categories of unassigned phone numbers: Invalid numbers, valid numbers that are not allocated to a voice service provider, and valid numbers that are allocated but not assigned to a subscriber. The new rules also prohibit voice service providers from blocking 911 calls, encourage voice service providers to provide a mechanism to allow subscribers whose legitimate calls are blocked in error to stop such blocking, and clarify that providers may exclude calls blocked under these rules from their call completion reports.

Carriers with questions about call blocking should contact the firm for more information.

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

FCC Provides Guidance on Lifeline Reimbursement Payment Process

On January 10, the FCC’s Wireline Competition Bureau issued a Public Notice providing guidance regarding the Lifeline reimbursement process for eligible telecommunications carriers (ETCs). Specifically, beginning with the January 2018 data month, payment of Lifeline support for all ETCs in all states and territories (except for NLAD opt-out states) will be based on subscriber data contained in the National Lifeline Accountability Database (NLAD). Under the revised reimbursement process, payments will be made based on the number of subscribers enrolled with an ETC in the NLAD on the snapshot date for that month or, in NLAD opt-out states, based on data received either from the state or directly from the ETC. Further, beginning with data month January 2018, all ETCs must file their reimbursement request with USAC for subscribers being claimed for that month using USAC’s online E-File system, as described below.

ETCs located in states that are in the NLAD system will download from USAC’s E-File system their snapshot report. The snapshot report, which is taken on the first of the month, will show the ETC’s subscriber count for the prior month. ETCs will be required to review the snapshot report and validate subscribers for which they are requesting reimbursement. ETCs must remove any subscribers for which they are not requesting reimbursement and indicate the reason for not claiming those subscribers using one of the listed reason codes. ETCs will also be required to review, correct, and certify the requested reimbursement amount associated with each subscriber.

For ETCs in NLAD “opt-out” states that do not use the NLAD system (California, Oregon, and Texas), either the state or ETC will submit to USAC a file containing the required data. If the state provides the data file to USAC, the ETC will be required to review the data file and validate subscribers for which they are requesting reimbursement. ETCs must remove any subscribers for which they are not requesting reimbursement and provide a reason code for each of those subscribers. If the ETC provides the data file to USAC, the ETC must review the data file before submitting it to USAC to validate subscribers for which they are requesting reimbursement. The ETC must remove subscribers for which they are not requesting reimbursement, and provide a reason code to USAC for subscribers that are not being claimed. ETCs in NLAD opt-out states are also required to review and certify the requested reimbursement amount associated with each subscriber.

Carriers with questions about the revised lifeline reimbursement process should contact the firm for more information.

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

Law & Regulation


Lawsuits Filed Against Repeal of Net Neutrality

On January 16, multiple lawsuits were filed seeking review of the FCC’s Restoring Internet Freedom Order, in which the agency repealed the Net Neutrality rules and the reclassified broadband internet access service as an information service. One suit was filed by a group of 22 state attorneys general, spearheaded by New York Attorney General Eric T. Schneiderman. Another was filed by Mozilla, the nonprofit organization that makes the Firefox web browser. Suits were also filed by Free Press and Public Knowledge, two public interest groups, and Open Technology Institute, a part the New America Foundation think tank. Allegations variously include arbitrary and capricious behavior by the agency and anti-competitive concerns.

The lawsuits may be the most likely avenue for having the repeal rolled back, as the current Congress is unlikely to do so. Although Senate democrats recently announced that they were very close to winning a vote to overturn the FCC’s order (in the same way Congress overturned the FCC’s broadband privacy rules at the beginning of 2016), the measure would require action on the part of the House and approval by the President and, therefore, it is unlikely to be adopted.

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

FCC Announces Fourth Meeting of BDAC

On January 10, the FCC issued a Public Notice announcing the fourth meeting of the Broadband Deployment Advisory Committee (BDAC). The BDAC will hold its fourth meeting on Tuesday, January 23, and Wednesday, January 24, beginning at 9:00 am on both days. At this meeting, the BDAC will consider reports and recommendations from its working groups, which include a Model Code for Municipalities, Model Code for States, Competitive Access to Broadband Infrastructure, Removing State and Local Regulatory Barriers, and Streamlining Federal Siting. In addition, the BDAC will continue its discussions on how to accelerate the deployment of broadband by reducing and/or removing regulatory barriers to infrastructure investment. This agenda may be modified at the discretion of the BDAC Chair and the Designated Federal Officer (DFO).

The BDAC meeting is open to the public, and the FCC will also provide audio and video coverage of the meeting over the Internet from the FCC’s web page at www.fcc.gov/live.

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Congress Asks GAO to Review Plan to Transfer USF Funds to US Treasury

On January 9, Reps. Frank Pallone (D-N.J.) and Peter Welch (D-Vt.) sent a letter to Gene L. Dodaro, Comptroller General of the U.S. Government Accountability Office, to request the GAO review “the practical and legal effects” of the FCC’s plan to transfer USF funds from a private bank to the U.S. Treasury. Specifically, the congressmen expressed five concerns regarding the plan, which they asked the GAO to address:

  • What controls docs the FCC have in place to ensure the USF is securely deposited in the Treasury?
  • What controls does FCC have in place to ensure that depositing the USF in the Treasury will not disrupt programs supported by the USF?
  • What analysis has the FCC done regarding what new practical or legal obligations will be placed on the USF if it is transferred to the Treasury?
  • What controls has the FCC put in place to ensure any new practical or legal obligations placed on the USF will not impede its statutory responsibility to promote universal service?
  • What controls has the FCC put in place to make sure beneficiaries of the program are not harmed as a result of the transfer?

As we reported in a previous edition of the BloostonLaw Telecom Update, back in August the Universal Service Administrative Company (USAC) posted a notice on its website that it is “formulating the plan to transfer the funds of the Universal Service Fund (USF) to the U.S. Department of Treasury.” According to the post, transferring funds from the bank account used by USAC to collect and distribute USF dollars into the Treasury was one of the recommendations in the Government Accountability Office’s (GAO’s) report on the Lifeline program released back in May, addressing the “Significant Risks in the FCC’s Lifeline Program.” In addition to foregoing substantial amounts of interest currently earned for the USF in USAC’s private bank account, the transfer raises serious questions as to how much and how often Treasury would use the “additional cash on hand” from the USF to pay other obligations and reduce its general borrowing and interest costs – an “option” which GAO trumpets as a reason for the transfer.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

House Republicans Introduce Broadband Resolutions

On January 11, the Subcommittee on Communications and Technology, chaired by Rep. Marsha Blackburn (R-TN), introduced a series of four resolutions laying out principles for broadband infrastructure. According to the press release, these four resolutions “set the groundwork for a larger legislative process.” They include:

  • a resolution introduced by Vice Chairman Leonard Lance (R-NJ), to direct broadband infrastructure funding toward areas that are currently unserved;
  • a resolution introduced by Chairman Bob Latta, to ensure federal policy treats all broadband providers in a technology-neutral manner, applying consistent rules that support innovation;
  • a resolution introduced by Rep. Richard Hudson (R-NC), to ensure wireless broadband infrastructure funding preference for states that support small cell siting reform, helping ease the permitting process in communities across the country; and
  • a resolution introduced by Rep. Gus Bilirakis (R-FL), to ensure Federal, state, and local tax, regulatory, permitting, and other requirements are coordinated and reconciled to maximize the benefits of broadband investment.

In a statement on the resolutions, Chairman Blackburn said: “With 39 percent of rural Americans living with insufficient access to broadband internet, we need to focus on innovation, investment, and eliminating the barriers to deployment. The resolutions introduced today help lay the groundwork for more legislative action to come. Our work on broadband infrastructure could mean the difference between a child completing her homework at home, and her parents driving out to a library so she can connect to the public Wi-Fi. I look forward to continued bipartisan efforts on this issue that will help communities across rural America thrive.”

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Senate Passes Bill to Conduct Study of USF Filing Requirements

On January 11, the Senate passed S.875, a bill which requires the Government Accountability Office (GAO) to report to the FCC and Congress on the filing requirements for telecommunications carriers or service providers that receive Universal Service Fund support. The report must analyze the financial impact of those filing requirements and provide any recommendations on how to consolidate redundant filing requirements. After receiving the GAO's report, the FCC would initiate a rulemaking to consolidate redundant filing requirements and incorporate any GAO recommendations.

The bill moves on to the House Committee on Energy and Commerce for further consideration.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Comment Deadlines Established for Electronic Delivery of MVPD Communications Proceeding

On January 16, the FCC published in the Federal Register its Notice of Proposed Rulemaking seeking comment on ways to modernize certain notice provisions in part 76 of the FCC's rules governing multichannel video and cable television service. Accordingly, comments are due February 15, and reply comments are due March 2.

First, the FCC seeks comment on proposals to allow various types of written communications from cable operators to subscribers to be delivered electronically, if they are sent to a verified email address and the cable operator complies with other consumer safeguards. The FCC also proposes to allow subscriber privacy notifications to be delivered electronically to a verified email address, subject to consumer safeguards. In addition, the FCC proposes to permit cable operators to reply to consumer requests or complaints by email in certain circumstances. Finally, the FCC seeks comment on how to update the requirement that broadcast television stations to send carriage election notices via certified mail.

Carriers interested in filing comments should contact the firm for more information.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Industry


Google Announces Plans to Expand Undersea Cables to Support Cloud Services

On January 16, The Wall Street Journal reported that Google plans to build three new underwater fiber-optic cables lining ocean areas from the Pacific to the North Sea in order to extend its private data network to regions its competitors — namely Microsoft and Amazon — have not reached yet. The Wall Street Journal indicated that the cables are expected to be finished in 2019, and are designed to “speed the transfer of data and reroute users to servers around the globe if a region fails or gets overloaded.”

According to the Wall Street Journal, “Google has teamed up with other firms, including domestic telephone operators and Facebook Inc., to build its subsea cables.” One cable will stretch 6,200 miles from Los Angeles to Chile; a second 4,500-mile cable will connect the U.S. to Denmark; and a third planned 2,400-mile cable will run from Hong Kong to Guam.

“I would prefer not to have to be in the cable-building consortium business,” said Ben Treynor, vice president of Google’s cloud platform, but when the company looked at ways to push its cloud business past new frontiers like Australia and South America, “there weren’t a lot of great options.”

Deadlines


FEBRUARY 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. The FCC has modified this form in light of its decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual Form 499-A that is due April 1.

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

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

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

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 2017. 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.

Calendar At-a-Glance


January
Jan. 23 – Comments are due on Robocall Blocking FNPRM.
Jan. 25 – Comments are due on Spectrum Frontiers / Above 24 GHz Report and Order.
Jan. 26 – Reply comments are due on Nationwide Number Portability NPRM.
Jan. 31 – FCC Form 555 (Annual Lifeline ETC Certification Form) is due.

February
Feb. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Feb. 1 – FCC Form 502 (Number Utilization and Forecast Report) is due.
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.

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. 5 – PRA Comments are due on pole attachment complaint process; network change notification revisions.
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.


 BloostonLaw Telecom Update Vol. 21, No. 4 January 18, 2018 

Special Edition


HUBB Filing Not Required for CAF-BLS Recipients 80% Deployment

As we reported in yesterday’s edition of the BloostonLaw Telecom Update, the Universal Service Administrative Company (USAC) published a reminder that carriers participating in modernized Connect America Fund programs must file deployment data with USAC's HUBB (High Cost Universal Broadband) portal showing where they are building out mass-market, high-speed internet service by March 1. In response to questions we have received, we want to clarify that a number of carriers will not need to make this filing.

Specifically, recipients of Connect America Fund-Broadband Loop Support (CAF-BLS) are required by the rules to file information regarding new locations deployed from May 25, 2016, to December 31, 2016. However, carriers that receive CAF-BLS and have no buildout obligation because they already have 80% or greater deployment of 10/1 broadband service have nothing to report. Accordingly, no HUBB filing is necessary. These carriers will continue to report their location information and the associated certifications as required on FCC Form 481.

Carriers with further questions about the filing should contact the firm for more information.

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

This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm.

— CONTACTS —

Harold Mordkofsky, 202-828-5520, hma@bloostonlaw.com
Benjamin H. Dickens, Jr., 202-828-5510, bhd@bloostonlaw.com
Gerard J. Duffy, 202-828-5528, gjd@bloostonlaw.com
John A. Prendergast, 202-828-5540, jap@bloostonlaw.com
Richard D. Rubino, 202-828-5519, rdr@bloostonlaw.com
Mary J. Sisak, 202-828-5554, mjs@bloostonlaw.com
D. Cary Mitchell, 202-828-5538, cary@bloostonlaw.com
Salvatore Taillefer, Jr., 202-828-5562, sta@bloostonlaw.com


Friends & Colleagues

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

Click here left arrow 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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Wireless Network Planners


#179

Dan and Linda Kiely

WORTH 2018 €90 m
WORTH 2017 €60 m
INDUSTRY: SERVICES

January 15 2018 12:15 PM

Husband and wife team Dan and Linda Kiely met when they worked on the short-lived magazine, Cork Scene. They set up a paging business in the city and it developed into a slick outsourced services operation. A stake was sold to a Canadian firm last year, with the Kielys getting €40m upfront. The whole deal could be worth €100m at the upper end.

Source: INDEPENDENT.IE  

The Wireless Messaging News
 

Current member or former member of these organizations.


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THOUGHT FOR THE WEEK

Never Give Up

“When you get into a tight place and everything goes against you, till it seems as though you could not hang on a minute longer, never give up then, for that is just the place and time that the tide will turn.”

—Harriet Beecher Stowe


VIDEO OF THE WEEK

Baja Musical Arts Initiative • Tijuana, Mexico • Playing For Change Foundation

Playing For Change
Published on Jan 12, 2018

We are proud to introduce one of our newest Playing For Change Foundation program partners — the Baja Musical Arts Initiative in Tijuana, Mexico.

Source: YouTube To learn more about the work of the PFC Foundation, visit http://www.playingforchange.org

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