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Wireless News Aggregation

Friday — March 23, 2018 — Issue No. 798

Welcome Back To The Wireless Messaging News




What You Can Do To Protect Your Privacy On Facebook

Could using Facebook put your personal information in the hands of companies without your knowledge? CBS2's Reena Roy reports.

Source: YouTube





How To Prepare Yourself And Your Community For Natural Disasters




We need your help.

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Wireless Messaging News

  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Two-way Radio
  • Technology
  • Telemetry
  • Science
  • Paging
  • Wi-Fi
wireless logo medium

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 own opinions.

First Responders Serve and Protect


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

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

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


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If you would like to subscribe to the newsletter just fill in the blanks in the form above, and then click on the “Subscribe” button.

There is no charge for subscription and there are no membership restrictions. It’s all about staying up-to-date with business trends and technology.

Advertiser Index

Easy Solutions  (Vaughan Bowden)
Hark Technologies  (David George & Bill Noyes)
IWA Technical Services, Inc.  (Ira Wiesenfeld)
Leavitt Communications  (Phil Leavitt)
Prism Paging  (Jim Nelson & John Bishop)
Product Support Services  (PSSI, Robert Cook, et al )
Paging & Wireless Network Planners LLC  (Ron Mercer)
Swissphone  (Angelo Saccoccia, et al)

FCC Commissioner Details Trip to Puerto Rico, Virgin Islands on Hurricane Recovery

Tuesday, March 20, 2018

FCC Chairman Ajit Pai published a blog recapping his trip to Puerto Rico and the U.S. Virgin Islands. The chairman, along with members of the Hurricane Recovery Task Force, received a firsthand assessment of the recovery and rebuilding efforts.

Nearly six months have passed since Hurricanes Irma and Maria devastated Puerto Rico and the U.S. Virgin Islands. In the immediate aftermath of the storms, communications networks were virtually wiped out. More than 95 percent of cell sites were out in Puerto Rico and 77 percent of cell sites were out in the Virgin Islands. Currently, 4.4 percent and 13.8 percent of cell sites are still out in Puerto Rico and the Virgin Islands, respectively. Many still lack connectivity and basic infrastructure.

The FCC group heard many perspectives on communications-related recovery efforts during a roundtable organized by U.S. Rep. Jenniffer González-Colón in San Juan. The roundtable included representatives of the Telecommunications Regulatory Board of Puerto Rico, the Puerto Rico Electric Power Authority and the U.S. Army Corps of Engineers, among many others.

The FCC also participated in a meeting of the hurricane integration team (HIT) in the Virgin Islands. The HIT was set up to establish direct coordination among federal partners — particularly the Federal Emergency Management Agency (FEMA) — the private sector and Virgin Islands officials to restore communications services. FEMA staff, along with the head of the Virgin Islands Territorial Emergency Management Authority, discussed the progress.

The group also visited 9-1-1 call centers in both Puerto Rico and the Virgin Islands, where we heard about some of the challenges emergency responders had fielding calls and dispatching help to residents.

“There’s much to do in Puerto Rico and the U.S. Virgin Islands to recover from last year’s hurricane season, but residents are incredibly strong and resilient,” Pai said. “We felt that spirit during the meetings described above, as well as visits to two schools, two hospitals, a police station and more. The FCC will continue to stand side by side with them throughout the recovery and restoration process. … We’ll take back the lessons we learned to the FCC and do all we can to help people get back on their feet.”

The full blog and photos are here.

Source: RadioResource Media Group  

Hark Technologies

hark logo

Wireless Communication Solutions

Paging Data Receiver (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
  • 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.

Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: left arrow CLICK
Web: left arrow CLICK

Hark Technologies

Easy Solutions

easy solutions

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

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

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

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

Experts in Paging Infrastructure

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

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

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023

Vaughan Bowden
Telephone: 972-898-1119
Telephone: 214 785-8255

Easy Solutions

Back To Paging


Still The Most Reliable Protocol For Wireless Messaging!


“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.






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

1 Motorola NAC board, P/N: TTN4017
1 Motorola NAC board, P/N: PTTN44097A
1 Interface board (mounts beside the NAC)
1 Internal Modem Daughter board
P/N: 0184843T02
1 CRIB board, receiver interface daughter board
P/N: TTN4088A
1 VHF Nucleus Exciter, for a NAC controlled unit

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

Board of Advisors

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
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.

Newsletter Advertising


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


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Reader Support

Newspapers generally cost 75¢ $1.50 a copy and they hardly ever mention paging or wireless messaging, unless in a negative way. If you receive some benefit from this publication maybe you would like to help support it financially?

A donation of $50.00 would certainly help cover a one-year period. If you are wiling and able, please click on the PayPal Donate button above.

Chinese space station will fall to Earth within two weeks

No nation likes to lose a piece of space hardware like this.

ERIC BERGER - 3/23/2018, 11:40 AM

Tiangong-1 altitude decay forecast as of March 22, 2018. ESA 52

China's first space station may fall to the ground as soon as one week from now, and certainly within two, orbital debris experts with the European Space Agency (ESA) say. Scientists, however, still cannot predict with any confidence where pieces of the 10.4-meter long Tiangong-1 station, which is traveling at 17,000 km/h, will land.

The latest estimate from the ESA indicates the station will enter Earth's atmosphere between March 30 and April 3, at which time most of the station will burn up. However, the station is large enough—it weighed 8.5 tons when fully fueled but has since used much of that propellant—that some pieces will very likely reach the planet's surface.

Beyond the fact that the station will reach a final impact point somewhere between 42.8 degrees north and 42.8 degrees south in latitude and probably near the northern or southern extremity of those boundaries due to Tiangong-1's orbital inclination, it is not possible to say where on Earth the debris will land. However, the likelihood of it affecting humans is quite low. Scientists estimate the "personal probability of being hit by a piece of debris from the Tiangong-1" is about 10 million times smaller than the annual chance of being hit by lightning.

Map showing the area between 42.8 degrees North and 42.8 degrees South latitude (in green), over which Tiangong-1 could reenter. Graph at left shows population density (ESA CC BY-SA IGO 3.0).

No nation likes to lose a piece of space hardware like this. NASA, for example, has already spent years developing a plan to ensure the International Space Station is de-orbited over an ocean when it comes down.

China, too, had initially planned for a controlled reentry for the Tiangong-1 station. The vehicle launched in 2011, and it served as an initial test bed for life-support systems in orbit and as a precursor for China's plans to launch a larger space station in the 2020s. For several years, the Chinese space agency employed periodic re-boosts to keep Tiangong-1 at an altitude of 300km to 400km above the Earth's surface. (All satellites and space stations are subject to this weak but persistent atmospheric drag). But in 2016, Chinese engineers lost control of the space station and the ability to fire its engines.

Without a means of steering the station, that left the unpalatable option of an uncontrolled reentry. China has shared information about the station's position with international officials, and the country has shared daily updates on its human spaceflight website.

In the extremely unlikely event that a piece of space debris turns up in your backyard in the next two weeks, your best bet is to call the authorities. The debris could very well contain traces of hydrazine or other nasty propellants best not touched.

Source: arsTECHNICA  

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Prism-IPX Systems

prism-ipx systems
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

pssi logo

PSSI Repair Pricing
Repair Turn-Around Time 5-10 Business Days
1.1 Messaging Device - Repair Fees (parts additional change, 90-day warranty)
  Model Name PSSI Model Code Model Type Pricing (USD$)
  AE-Advisor Elite AE-Advisor Elite Alphanumeric $14.25
  AG-Advisor Gold AG-Advisor Gold Alphanumeric $13.12
  ALPE-UniElite (All New Parts) ALPE-UniElite Alphanumeric $34.83
  ALPE-UniElite (Used Parts) ALPE-UniElite Alphanumeric $14.94
  ALPG-Alpha Gold ALPG-Alpha Gold Alphanumeric $14.51
  Apollo Apollo Numeric $13.37
  Bravo 850 B8-BR850 Numeric $17.02
  BF-Bravo FLX BF-Bravo FLX Numeric $11.44
  T900 T9-T900 2Way $18.56
  BP-Bravo Plus BP-Bravo Plus Numeric $11.44
  BR-Bravo LX BR-Bravo LX Numeric $11.44
  GS-Coaster Coaster Numeric $26.97
  M90-UNI Messenger M90-UNI Messenger 2Way $18.56
  NP88-UNI-NP88 NP88-UNI-NP88 Numeric $9.68
  Pronto PL-Pronto LX Numeric $9.68
  Unication Elegant EL-Elegant Numeric $14.51
  RA-Ranger RA-Ranger Numeric $12.02
  ST800 ST800 Numeric $12.02
  ST800-P ST800-P Numeric $12.02
  T3-Titan Sun Telecom T3-Titan Sun Telecom Alphanumeric $13.37
  Z4-Z400 Sun Telecom Z4-Z400 Sun Telecom Alphanumeric $12.06
1.2 Messaging Device - Miscellaneous Service Fees
  Damaged Beyond Repair Inspection Fee $1.15
  Frequency Change - Synthesized Models $3.45
  Frequency Change - Non-Synthesized Models (parts not included) $4.03
1.3 Infrastructure Network Equip. - Repair Fees (parts additional charge, 6-mth. warranty)
  Model Name PSSI Model Code  
  Motorola Amplifier MO-AMP $581.20
  Motorola SCM/Exciter MO-SCM-EXC $561.25
  Motorola External NIU MO-NIU-EXT $511.92
  Glenayre Tx Controller GL-C2000 $128.34
  Glenayre Exciter Narrow Band GL-EXC-NB $128.34
  Glenayre Exciter Wide Band GL-EXC-WB $128.34
  Glenayre </=300W Amplifier GL-T8500 $303.60
  Glenayre </=300W Amplifier GL-T8600 $303.60
1.4 Infrastructure Network Equipment - Miscellaneous Service Fees
  Inventory Receiving Processing Fee $18.40
  Pick, Pack, and Order Fulfillment Fee $29.90
  Damaged Beyond Repair Inspection Fee $80.50

Product Support Services, Inc.
511 South Royal Lane
Coppell, Texas 75019
817-527-6322 left arrow left arrow

For Sale – Apollo Pilot XP A28 Alpha Numeric Pagers w/Charging Cradle

  • $70 each, discount available for volume purchases
  • Freq Range:450-458MHz & 462-470MHz
  • Format: POCSAG, Wide or Narrow Band
  • IP54 rating, protection from dust and water ingress
  • Powered by a standard AAA rechargeable battery

Contact Information

For Sale: Power-One 24VDC Linear Power Supplies

  • $70 each
  • Max output: 3.6 Amps
  • Input: 100/120/220/230/240 VAC 50/60Hz

Leavitt Communications


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

UNICATION bendix king

motorola blue Motorola SOLUTIONS

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


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.


  • 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.


  • 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: 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 ( ) for pricing and delivery information, or for a list of other available paging and two-way related equipment.

Phil Leavitt

7508 N. Red Ledge Drive
Paradise Valley, AZ 85253

Friday, March 23, 2018

Volume 6 | Issue 58  

FCC Says “Nope” to NEPA and “See Ya” to SHPO

The FCC vote yesterday to exempt most small cell infrastructure siting from National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA) review was contentious. The vote was 3-2 and security removed two protesters from the Commission meeting room during the discussion.

The changes are for small cells not located on Tribal lands. They clarify and improve the process for Tribal participation in the historic preservation process for large wireless facilities where NHPA and NEPA review is still required. The order removes the requirement that applicants file Environmental Assessments solely due to the location of a proposed facility in a floodplain, as long as certain conditions are met. It establishes a timeframe for the FCC to act on environmental assessments.

FCC Chairman Ajit Pai, and Commissioners Michael O’Rielly and Brendan Carr said the changes will save the wireless industry time and money and help the U.S. lead in 5G. O’Rielly said they would eliminate “unnecessary delays and outrageous” siting fees. Some Tribes are using tower and antenna siting “as a cash cow” while others receive payments, but then don’t respond to the providers that are submitting applications, he said.

Sprint paid $23 million in wireless infrastructure siting review fees last year. “This is not sustainable if we want to get broadband to all Americans, including on tribal lands,” said O’Rielly. He also wanted to provide more relief for siting macro towers, and hopes “to do that as soon as possible.”

Carr said providers spent $36 million on NHPA reviews last year, which will spike this year. “Our decision will not greenlight any particular deployment,” Carr noted, adding that siting will continue to go through state and local reviews.

Commissioner Mignon Clyburn stressed that she supports 5G, but wanted to delay the vote until the agency could further assess how the proposal might hurt tribal lands and the environment. Commissioner Jessica Rosenworcel said the changes cut out tribes from reviewing wireless facilities and the changes “do not honor” the FCC’s longstanding duties to consult with Tribes. Further, “not a single Tribe has expressed support for today’s action.” She believes the action won’t address the race to lead in 5G and will open up the agency to legal challenges.

Carr and O’Rielly said the agency spent three years on consultations with Tribes and other entities. O’Rielly emphasized the Commission “tried collaboration and cooperation” until it was “blue in the face. It’s time to move past the talking stage.”

Pai agreed, saying all of the FCC’s efforts will be “pointless” if wireless infrastructure can’t be deployed. “If siting for a small cell takes as long and costs as much as the siting for a cell tower, few communities will ever have the benefits of 5G.” He noted that the FCC’s siting rules were developed for tall towers, not the hundreds of thousands of small cells that will be needed for 5G. “You can stick with the regulatory status quo or you can have 5G. You cannot have both,” said the Chairman.

Asked by reporters after the meeting if delaying the vote until there was more consensus among the commissioners would have made a difference, Carr called the level of travel, meetings and phone calls for the item “unprecedented.”

“I don’t think waiting another couple of months would have produced a better outcome. As soon as this goes into effect, it will free up capital,” enabling carriers to deploy small cells in areas where they could not before, Carr said.

By Leslie Stimson, Washington Bureau Chief, Inside Towers

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. 13 March 21, 2018 


The filing window for the FCC’s Connect America Fund Phase II (CAF II) auction short forms (FCC Form 183) opened on March 19 and will be closing on March 30 at 6:00 P.M. Eligibility to participate in the Phase II auction is based on an applicant’s short-form application and certifications. Among other things, an applicant must submit operational and financial information demonstrating that it can meet the service requirements associated with the performance tier and latency combination(s) for which it intends to bid.

Submitting a short-form application constitutes a representation by the certifying official that he or she is an authorized representative of the applicant, that he or she has read the form’s instructions and certifications, and that the contents of the application, its certifications, and any attachments are true and correct. An Applicant is not permitted to make major modifications to its application after the short-form application filing deadline. Submitting a false certification to the FCC may result in penalties, including monetary forfeitures, the forfeiture of universal service support, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution.

BloostonLaw Contacts: Sal Taillefer.


Court of Appeals Sets Aside FCC Autodialer Definition, One-Call Safe Harbor for Reassigned Numbers

On March 16, the United States Court of Appeals for the D.C. Circuit issued an Order setting aside the FCC’s 2015 effort to clarify the types of calling equipment that fall within the Telephone Consumer Protection Act (TCPA) restrictions and vacated its approach to calls made to a phone number previously assigned to a person who had given consent but since reassigned to another (non-consenting) person.

The TCPA generally makes it unlawful to call a cell phone using an autodialer without consent of the called party. In a Declaratory Ruling and Order issued in 2015, the FCC addressed several issues related to interpreting the statute. One such issue was the definition of “autodialer.” The statute defines an autodialer as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” In the 2015 Declaratory Ruling and Order, the FCC declined to define a device’s “capacity” in a manner confined to its “present capacity.” Instead, the agency construed a device’s “capacity” to encompass its “potential functionalities” with modifications such as software changes. According to the court, the FCC adopted an expansive interpretation of “capacity” having the apparent effect of embracing any and all smartphones. The court concluded that “[i]t is untenable to construe the term “capacity” in the statutory definition of an [autodialer] in a manner that brings within the definition’s fold the most ubiquitous type of phone equipment known, used countless times each day for routine communications by the vast majority of people in the country. It cannot be the case that every uninvited communication from a smartphone infringes federal law, and that nearly every American is a TCPA-violator-in-waiting, if not a violator-in-fact.”

In the Declaratory Ruling and Order, the FCC also spoke to whether a caller violates the TCPA by calling a wireless number that has been reassigned from a consenting party to another person without the caller’s knowledge. The FCC determined that the term “called party” refers not to “the intended recipient of a call” but instead to “the current subscriber.” In setting aside the FCC's determination, the court emphasized, “the FCC did not hold a caller strictly liable when unaware that the consenting party’s number has been reassigned to another person. Instead, the agency allowed one—and only one—liability-free, post-reassignment call for callers who lack ‘knowledge of [the] reassignment’ and possess ‘a reasonable basis to believe that they have valid consent.’” The court found that the FCC’s reasoning here was faulty, because it begged the question as to why a caller’s reasonable reliance on a previous subscriber’s consent necessarily ceases to be reasonable once there has been a single, post-reassignment call? According to the court, “[t]he first call or text message, after all, might give the caller no indication whatsoever of a possible reassignment (if, for instance, there is no response to a text message, as would often be the case with or without a reassignment).” Importantly, the court went on to set aside not only the FCC’s allowance of a one-call safe harbor, but also its treatment of reassigned numbers more generally.

The court did uphold two other holdings made by the FCC in the 2015 Declaratory Ruling and Order, specifically its approach to revocation of consent, under which a party may revoke consent through any reasonable means clearly expressing a desire to receive no further messages from the caller, and the scope of the agency’s exemption for time-sensitive healthcare calls.

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

FCC Announces Tentative Agenda for March Open Meeting

The FCC has announced the official agenda for its upcoming March Open Commission Meeting, which is currently scheduled to take place on March 22. At the meeting the FCC will consider the following items (links to draft versions are included in each description):

  • Wireless Infrastructure Streamlining Order: a Second Report and Order that would clarify and modify the procedures for NHPA and NEPA review of wireless infrastructure deployments. (WT Docket No. 17-79)
  • Reassigned Numbers Database: a Second Further Notice of Proposed Rulemaking to address the problem of unwanted calls to reassigned numbers. (CG Docket No. 17-59)
  • Location-Based Routing for 911 Calls: a Notice of Inquiry examining location-based routing of wireless 911 calls to ensure that calls are routed to the proper 911 call center. (PS Docket No. 18-64)
  • 4.9 GHz Band: a Sixth Further Notice of Proposed Rulemaking to stimulate use of and investment in the 4.9 GHz band. (WP Docket No. 07-100)
  • Streamlining Television Satellite Station Reauthorization: a Notice of Proposed Rulemaking that proposes to streamline the reauthorization process for television satellite stations that are assigned or transferred in combination with a previously approved parent station. (MB Docket Nos. 18-63, 17-105)
  • Consumer Signal Boosters: a Second Report and Order that would remove the personal use restriction for Provider-Specific Consumer Signal Boosters and a Second Further Notice of Proposed Rulemaking that seeks comment on ways to further expand access to Consumer Signal Boosters. (WT Docket No. 10-4)

The Open Meeting will be streamed live at and can be followed on social media with #OpenMtgFCC.

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

Law & Regulation

Payphone Compensation Rules Effective April 16

On March 15, the FCC published in the Federal Register its Report and Order “aimed at modernizing the FCC's payphone compensation procedure rules by eliminating costly requirements that are no longer necessary in light of technological and marketplace changes.” Accordingly, those rules will become effective April 16, 2018, except for the amendment to the rule regarding chief financial officer (CFO) certification, which contains information collection requirements that have not been approved by the Office of Management and Budget.

Specifically, the FCC eliminated all payphone call tracking system audit and associated reporting requirements and eliminated expired interim and intermediate per-payphone compensation rules that no longer apply to any entity. The FCC also revised its rules to permit a company official other than the CFO to certify that a Completing Carrier's quarterly compensation payments to PSPs are accurate and complete. A Completing Carrier is “a long-distance carrier or switch-based long-distance reseller that completes a coinless access code or subscriber toll-free payphone call or a local exchange carrier that completes a local, coinless access code or subscriber toll-free payphone call.” The rules require that “a Completing Carrier that completes a coinless access code or subscriber toll-free payphone call from a switch that the Completing Carrier either owns or leases shall compensate the payphone service provider for that call at a rate agreed upon by the parties by contract.” This particular amendment will not go into effect, however, until it receives approval from the Office of Management and Budget.

BloostonLaw Contacts: Ben Dickens and Mary Sisak.

House Subcommittee to Hold Hearing on Four Communications Bills

On March 15, the Subcommittee on Communications and Technology, chaired by Rep. Marsha Blackburn (RTN), announced a hearing for Thursday, March 22, 2018, at 10:15 a.m. The hearing is entitled, “Legislative Hearing on Four Communications Bills.”

The legislation to be discussed at the hearing includes:

  • H.R. 2345, National Suicide Hotline Improvement Act, authored by Rep. Chris Stewart (R-UT), will direct the FCC, in consultation with the Substance Abuse and Mental Health Services Administration, to study and report on the feasibility of designating an N11 dialing code to be used for a national suicide prevention and mental health crisis hotline system.
  • H.R. 2903, Rural Reasonable and Comparable Wireless Access Act, authored by Reps. David McKinley (R-WV) and Peter Welch (D-VT), will direct the FCC to promulgate rules to establish a national standard for determining whether rural areas have reasonably comparable wireless and broadband services to services provided in urban areas.
  • H.R. 3787, Small Entity Regulatory Relief Opportunity (SERRO) Act, authored by Chairman Bob Latta (R-OH) and Rep. Kurt Schrader (D-OR), will direct the FCC to complete a rulemaking to establish streamlined procedures for filing, considering, or resolving waiver petitions with regard to small entities.
  • Discussion Draft, Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act, authored by Vice Chairman Leonard Lance (R-NJ) and Rep. Paul Tonko (D-NY), will increase fines for illegal pirate operations from $10,000 per violation to $100,000 per day per violation, up to a maximum of $2,000,000, and streamline the FCC’s enforcement process to empower state and local law enforcement in combating illegal pirate operations.

Witnesses for the hearing are Mr. Tim Donovan, Senior Vice President, Legislative Affairs, Competitive Carriers Association; Mr. Robert Gessner, President, MCTV; Dr. Christine Moutier Chief Medical Officer, American Foundation for Suicide Prevention; and Ms. Sarah Morris Director of Open Internet Policy, Open Technology Institute, New America Foundation.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.


FCC Issues Tentative Agenda for Joint Forum on Robocalling

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC and the FTC will co-host a Joint Policy Forum to discuss the regulatory challenges posed by illegal robocalls and what the FCC and FTC are doing to both protect consumers and encourage the development of private-sector solutions. This event will be held on Friday, March 23, 2018, from 9:30 a.m. to 12:30 p.m., and will be webcast live at

The tentative agenda for the Joint Policy Forum is outlined below:

9:45 am: Challenges Facing Consumers and Industry Today. Panelists Eduard Bartholme, Executive Director, Call for Action, and Chair, FCC Consumer Advisory Committee; Kevin Rupy, Vice President of Law and Policy, USTelecom; and Michele Shuster, General Counsel, Professional Association for Customer Engagement will discuss the factors driving the volume of illegal robocalls; new threats to consumers, such as Caller ID spoofing; and protections for legitimate callers.

10:25 am: Recent Regulatory and Enforcement Efforts. Panelists Denise Beamer, Senior Assistant Attorney General, Consumer Protection Division, Florida Office of the Attorney General; Lois Greisman, Associate Director, Division of Marketing Practices, Bureau of Consumer Protection, FTC; Sherwin Siy, Special Counsel, Competition Policy Division, Wireline Competition Bureau, FCC; Mark Stone, Deputy Chief, Consumer and Governmental Affairs Bureau, FCC; and Kristi Thompson, Chief, Telecommunications Consumer Division, Enforcement Bureau, FCC will discuss an overview of the relevant law; recent FCC, FTC, and state actions to protect consumers; and enforcement challenges.

11:30 am: Solutions and Tools for Consumers. Panelists Alex Algard, Founder & CEO, Hiya; Jim McEachern, Senior Technology Consultant, Alliance for Telecommunications Industry Solutions; Alex Quilici, Chief Executive Officer, YouMail; Margot Saunders, Senior Counsel, National Consumer Law Center; Krista Witanowski, Assistant Vice President, CTIA; and Nat Wood, Associate Director, Division of Consumer & Business Education, Bureau of Consumer Protection, FTC will discuss third-party solutions and other resources available to empower consumers; and industry efforts to develop Caller ID authentication.

Additional information about the event is available at: events/2018/03/fighting-scourge-illegal-robocalls.


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 (April 2 this year): 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 FCC. 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 (April 2 this year): 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.

MAY 31: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report.

BloostonLaw Contacts: Richard Rubino.

Calendar At-a-Glance

Mar. 27 – Reply comments are due on national television audience reach cap review.
Mar. 30 – Deadline for CAF Phase II Auction Applications.
Mar. 31(Apr. 2 this year) – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 (Apr. 2 this year) – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.
Mar. 31 (Apr. 2 this year) – Streamlined International Circuit Capacity Report is due.

Apr. 1 (Apr. 2 this year) – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due. Apr. 1 (Apr. 2 this year) – Annual Accessibility Certification is due.
Apr. 3 – E911 horizontal location accuracy benchmark to be met.
Apr. 11 – Wireless Microphone Disclosure Requirements in effect.
Apr. 12 – Comments due on Jurisdictional Separations Reform.
Apr. 27 – Reply comments due on Jurisdictional Separations Reform.

May 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
May 31 – FCC Form 395 (Annual Employment Report) is due.

June 2 – E911 horizontal location accuracy benchmark certification due to be filed

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


Harold Mordkofsky, 202-828-5520,
Benjamin H. Dickens, Jr., 202-828-5510,
Gerard J. Duffy, 202-828-5528,
John A. Prendergast, 202-828-5540,
Richard D. Rubino, 202-828-5519,
Mary J. Sisak, 202-828-5554,
D. Cary Mitchell, 202-828-5538,
Salvatore Taillefer, Jr., 202-828-5562,

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Dhwani • Rajhesh Vaidhya • Playing For Change • Live Outside

Playing For Change

Playing For Change
Published on Oct 13, 2016

We are proud to share a video from our Live Outside series featuring musicians from Chennai, India. Enjoy Rajhesh Vaidhya and friends performing the song, “Dhwani,” and let this beautiful music fill you with love and peace.

Source: YouTube To learn more about the work of the PFC Foundation, visit

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