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Welcome Back To The Wireless Messaging News GLENAYRE INFRASTRUCTURE 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. 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. I have included an article about how the “Hip Hop” community made two-way pagers popular for a while. Whether you like it or not, this was and is an important part of American culture. P.S. I like it.
IT'S FREE * required field 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. |
This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.
A new issue of the Wireless Messaging Newsletter is posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the web. That way it doesn’t fill up your incoming e-mail account. There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world’s major Paging and Wireless Messaging companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It’s all about staying up-to-date with business trends and technology. I regularly get readers’ comments, so this newsletter has become a community forum for the Paging, and Wireless Messaging communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it. I spend the whole week searching the Internet for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.
Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.
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Everything You Need To Know About 5G |
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Wireless Communication Solutions Paging Data Receiver (PDR)
Other products Please see our web site for other products including Internet Messaging Gateways, Unified Messaging Servers, test equipment, and Paging Terminals.
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Back To Paging Still The Most Reliable Protocol For Wireless Messaging!
Rick McMichael has some equipment for sale — left over from the inventory of his business that he recently sold.
If you are interested, please e-mail Rick directly by clicking here. |
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HIT ME UP: HIP-HOP’S HISTORY WITH PAGERSSHAREE HEREFORD
In an era of smartphones, tablets, Netflix, and Uber Eats, it's hard to think back to a time where such things didn't exist. But back in the 90s, people weren't arguing about whether the iPhone or the Android was the better smartphone— they were trying to find the nearest payphone to return a call after they received a page. In 1921, the first page-like system was used by the Detroit police department. But it wasn't until 1949 that the very first telephone pager was patented. The name pager was first used in 1959 when Motorola made a personal radio communications product they called a pager. The pager revolutionized the way people sent and received messages. By the time the '90s hit, roughly 61 million pagers were in use. The $50 handheld messaging device had become popular among doctors, professionals, and drug dealers. Hip-hop had adapted the pager into the culture and it wasn't long before it gained popularity due to the gadget being mentioned in songs and appearing in music videos. In 1994, The Notorious B.I.G. released his debut studio album, Ready to Die. His single "Warning," opens with one of the most famous lyrics in his career, and gives a shoutout to the pager.
In 1997, the pager would evolve from a one-way messaging device that could only receive numeric messages to a two-way messaging device. Using the original pager, you could only send a telephone number to the receiver and they would have to call the person back to communicate. With a two-way messaging device people no longer had to find a phone to reply. The Motorola Page Writer 2000 was introduced in 1998, although it was not the first two-way pager it was the first one that hip-hop made popular. Hip-hop was known for setting trends and determining what was hot, and by the early 2000s, the two-way pager was a must-have item. If a person wanted to own one, they would have to shell out $400— and this didn't include activation or monthly usage of the device. In 2001, Fabolous released the music video for his single "Young'n (Holla Back)." In the video, he stops rapping while talking to a girl on the train because he wants to get her phone number. He doesn't reach for a pen and pad, he pulls out his two-way and connects it to hers. This one small act showcased the pager and reinforced the idea that it was a hot commodity. In 2001, Motorola announced the end of the manufacturing of the pager. The following year a new device would appear in JAY-Z's "Excuse Me Miss" music video. While people initially thought it was the two-way pager because of the lyrics, fans quickly learned that it was T-Mobile's newest device—the Sidekick. Hip-hop had once again set the trend for what would be the newest must-have gadget. The Sidekick was different from the pager because it integrated an instant messaging client, specifically AIM. A new brink in technology was on the horizon— you no longer had to go home to send an instant message from your computer; you could now do it from your phone. The Sidekick would gain popularity by using celebrities and hip-hop artists like Snoop Dogg to promote the device. While the pager seems like a distant memory now, the old messaging device paved the way for the smartphones we own today. But it's widespread success wouldn't have been possible without the influence of hip-hop. |
| Source: | The Boom Box |
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For Sale – Apollo Pilot XP A28 Alpha Numeric Pagers w/Charging Cradle
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| Leavitt Communications |
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| Swissphone |
Disaster-Proven Paging for Public SafetyPaging 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
Pager
Dispatching:
Swissphone provides a proven solution at an affordable cost. Do you want to learn more? |
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| 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.
CAF Phase II Auction Short Form Due in 30 DaysAs we reported in a previous edition of the BloostonLaw Telecom Update, the FCC has released its Public Notice establishing, among other things, the filing requirements for participating in the upcoming Connect America Fund Phase II auction. Short-form applications for CAF Phase II are due by 6:00 p.m. ET on March 30. Unlike prior auctions, applicants must submit copies of their financials and a description of their planned service. BloostonLaw has assisted many of its clients in applying and participating in FCC auctions, and is prepared to assist clients in CAF Phase II. Under section 1.21004 of the FCC’s rules, a defective application may be dismissed without further consideration, and penalties may apply. Accordingly, it is imperative that companies considering applying for CAF Phase II support do so correctly, and allow adequate time to gather the necessary information. We strongly encourage carriers considering participation in the auction to begin preparing their applications long in advance. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast. HeadlinesFCC Publishes Mobility Fund Phase II Eligible Areas Map; Challenges Due August 27The FCC this week released its initial map showing areas in the US presumed eligible to receive support for deployment of 4G LTE service as part of the Mobility Fund Phase II (MF-II) auction, which will make up to $4.53 billion in support available over 10 years to primarily rural areas that lack unsubsidized 4G LTE service. The eligible areas map, which was generated by the FCC using 4G LTE coverage data provided by current LTE service providers, is available here: https://www.fcc.gov/reports-research/maps/mobility-fund-ii-initial-eligible-areas-map/. The map shows large areas in the western US and upper Midwest that lack unsubsidized 4G LTE service and are eligible for bidding, including significant portions of North Dakota, South Dakota, Montana and Iowa. Much of this territory would appear to be government land and/or other areas with sparse population. The map shows few eligible areas of any meaningful size in the eastern and southeastern states (outside of Kentucky and West Virginia) where some larger independent wireless carriers offer service. This would appear to put a large burden on independent and rural service providers that rely the most on continuing support to come back in the challenge process and demonstrate that areas they want to serve are, in fact, not covered by nationwide wireless carriers or others. A statement issued by CCA President and CEO Steve Berry yesterday noted competitive carriers’ disappointment with the eligible areas map. "It is now clear that the parameters the FCC directed carriers to use in its one-time data collection have failed to produce a credible map of eligible areas," said Berry. “It is most disappointing that absent significant changes, the Commission will fall short of Congress’s mandate for Universal Service.” The Commission also issued a Second Order on Reconsideration addressing the remaining issues raised by parties in petitions for reconsideration of the Commission’s MF-II Report & Order and finalizing procedures for the MF-II challenge process. The challenge process will provide mobile service providers and government entities with an opportunity to challenge an initial determination that an area is ineligible for MF-II support. The window for submitting a challenge opens on March 29, 2018, and will remain open until August 27, 2018. Clients who may be interested in extending 4G LTE service to unserved areas with support from the MF-II process should review the eligible areas map and contact us for additional information about the MF-II challenge process. BloostonLaw Contacts: Cary Mitchell and John Prendergast. Chairman Pai Sets Ambitious Schedule for Millimeter Wave Spectrum AuctionsIn remarks before the Mobile World Congress in Barcelona yesterday, FCC Chairman Ajit Pai announced that the FCC intends to hold an auction beginning this November for spectrum in the 28 GHz band, followed immediately thereafter by an auction of spectrum in the 24 GHz band. These so-called “millimeter wave” spectrum bands present a significant opportunity for our law firm’s clients because they are among the licensed spectrum bands targeted for the next generation of mobile wireless services, known as 5G. News about the upcoming auction schedule was part of a larger message that emphasized the power and promise of next-generation wireless connectivity and America’s strategy for world leadership and investment in 5G networks and services. 5G technology will use a variety of licensed and unlicensed spectrum bands, and will enable gigabit speeds to end users as well as for large-scale automation and Internet of Things (IoT) applications. Millimeter wave (mmW) frequencies have historically been considered unsuitable for mobile applications because of propagation losses at such high frequencies and the inability of mmW signals to propagate around obstacles. However, technological advances have recently unlocked the mmW bands for mobile and other operations using micro-cellular (or “small cell”) deployments. Where longer paths are desired, the extremely short wavelengths of mmW signals make it feasible for very small antennas to concentrate signals into highly focused beams with enough gain to overcome propagation losses to some extent. The FCC will seek public input on the procedures for these auctions later this spring. One small but important caveat to this schedule, however, is the need for Congress to pass legislation by May 13 addressing the handling of upfront payments. Chairman Pai noted bipartisan progress on this issue and we don’t expect Congressional gridlock will delay this procedural requirement. Chairman Pai also announced that he intended to propose next steps needed to make the 3.7 to 4.2 GHz (or “mid-band”) spectrum available for commercial terrestrial use. This mid-band spectrum is adjacent to the 3.5 GHz Citizens Broadband Radio Service (CBRS) band and is viewed by T-Mobile and CTIA as critically important to maintaining US leadership in the race to 5G. The 28 GHz band includes 850 megahertz of contiguous spectrum that was formerly part of the LMDS A-Block license. In the summer of 2016, the 28 GHz band was reconfigured into two county-based licenses of 425 megahertz each, and made part of the Upper Microwave Flexible Use Service (UMFUS) in the Spectrum Frontiers proceeding (GN Docket No. 14-177). Verizon currently holds the lion’s share of 28 GHz band spectrum in major metropolitan markets as the result of its acquisition of XO Communications and XO affiliate NextLink Wireless. Most of the other LMDS licenses outside of the largest markets were returned to the FCC after licensees gave up on older millimeter wave technologies, so the returned spectrum will be available for re-auction as county-based 28 GHz licenses. Of interest to LMDS/28 GHz incumbents, the FCC three days ago granted Samsung the world’s first approval for 28 GHz base stations, which will be used by Verizon in its rollout of 5G services later this year. The 24 GHz band spectrum was allocated for terrestrial use in January as part of the Spectrum Frontiers Second Report and Order. That Order also adopted Partial Economic Areas (or PEAs) as the geography license size for UMFUS licenses in the 24 GHz band, and affirmed previously-adopted county-based licensing and construction requirements for the 28 GHz band. The Commission will license the 24 GHz band as 100 megahertz channels. The lower segment (24.25– 24.45 GHz) will be licensed as two 100 megahertz channels, and the upper segment (24.75–25.25) will be licensed as five 100 megahertz channels. In addition to action on these new 5G spectrum bands, Chairman Pai said he had asked Commissioner Brendan Carr to take the lead on modernizing the FCC’s wireless infrastructure rules. “5G infrastructure isn’t just about small cells; it’s also about backhaul,” said Pai. “Densified networks will require much more fiber. On that front, we’ve been extremely busy laying the foundation for the 5G future. We’ve launched an initiative to remove barriers to wireline broadband deployment, which addresses issues like easier and cheaper ways to attach equipment to utility poles. We’ve also updated our rules for high-speed, dedicated services by lifting rate regulation where appropriate. And we’re encouraging companies to shift investments away from fading copper lines toward high-capacity fiber. In sum, we are creating huge incentives for the private sector to invest in the 21st-century networks used for backhaul. These policies are essential. For all the spectrum we devote to 5G won’t be put to good use if the physical networks to carry 5G traffic are never built.” Chairman Pai closed his remarks by stressing that his light-touch regulation would not be a completely hands-off approach, and that the FCC would be shifting from pre-emptive regulation to targeted enforcement, based on actual market failure or anti-competitive conduct. For the firm’s wireless clients, we expect this will translate to strict enforcement of network buildout and service requirements. In conclusion, the FCC Chairman’s remarks make it clear that 2018 is going to be a very busy year at the FCC on matters related to 5G, with review of infrastructure regulations and outdated rules to make it easier to deploy fiber to support small cells deployments. The move to 5G networks and services is likely to create significant opportunities for the firm’s clients, regardless of their involvement in wireless services to end user customers, so we urge everyone to stay abreast of these developments and contact us with any questions. BloostonLaw Contacts: Cary Mitchell and John Prendergast. Law & RegulationNinth Circuit Upholds FTC Jurisdiction Over Non-Regulated Services Provided by Common CarriersOn February 26, the United States Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court for the Northern District of California to deny AT&T Mobility’s motion to dismiss a case brought by the Federal Trade Commission over AT&T Mobility’s data-throttling plan. The Ninth Circuit upheld the district court’s finding that the common carrier exception only applies to the extent the common carrier is engaging in common carrier services. In 2007, AT&T Mobility LLC (“AT&T”) was the exclusive provider of mobile data services for the Apple iPhone. AT&T initially offered iPhone customers a service plan with “unlimited” mobile data for a flat monthly fee. In 2010, however, AT&T stopped offering unlimited mobile data plans to new smartphone customers. Legacy customers who previously signed up for unlimited data, however, were grandfathered and allowed to keep their existing service plans. In 2011, AT&T began reducing the data speed for its unlimited mobile data plan customers. As previously reported in the BloostonLaw Telecom Update, the FTC brought suit against AT&T under Section 5 of the FTC Act, alleging that AT&T’s data-throttling program was unfair and deceptive because the company advertised “unlimited mobile data,” but in fact imposed restrictions on data speed for customers who exceeded a preset limit. AT&T moved to dismiss on the grounds that Section 5 of the FTC Act gives the agency enforcement authority over “unfair or deceptive acts or practices,” but exempts “common carriers subject to the Acts to regulate commerce.” Looking to “the FTC Act’s text, the meaning of ’common carrier’ according to the courts around the time the statute was passed in 1914, decades of judicial interpretation, the expertise of the FTC and Federal Communications Commission (“FCC”), and legislative history,” the Ninth Circuit concluded that the exemption is activity-based, and accordingly the phrase “common carriers subject to the Acts to regulate commerce” thus provides immunity from FTC regulation only to the extent that a common carrier is engaging in common-carrier services. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer. FCC Issues NPRM on Jurisdictional Separations RulesOn February 22, the FCC released a Notice of Proposed Rulemaking in which it adopted each of the Joint Board’s recommendations, and proposes to amend the Part 36 rules consistent with those recommendations. Comment is invited on these proposals. Comment dates have not yet been established. The first recommendation on which the Commission seeks approval is to remove from Part 36 rules all the provisions that deal with Class A accounts, because carriers are no longer required to keep such accounts since the revised Part 32 rules took effect on January 1, 2018. The second recommendation is to amend section 36.112, which concerns the apportionment of general support facilities costs, to allow former Class A carriers (carriers with revenue equal to or greater than $157 million for calendar year 2016) to select between the two procedures in apportioning their general support facilities costs for Class A and Class B carriers. The FCC also seeks comment on whether each carrier should be permitted to make an election only one time, or be allowed to change the approach it takes over time. The FCC is also seeking comment on the timing for making these changes to the Part 36 rules. Since the changes to the Part 32 rules took effect January 1, 2018, the FCC asks whether harmonizing changes to Part 36 rules should be made as soon as practicable, or effective January 1, 2019. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer. FCC Adopts Items at February Open MeetingOn February 22, the FCC adopted all of the items at its February Open Meeting. Final versions of the following items are now available:
The FCC also heard a presentation on a new National Broadband Map providing improved access to fixed-broadband deployment. That presentation can be seen here. The text for the Notice of Proposed Rulemaking that seeks comment on proposed rules that would apply to spectrum above 95 GHz for licensed services, unlicensed operations, and a new class of experimental licenses (ET Docket No. 18-21; RM-11713; WT Docket No. 15-245; RM-11795) is not yet available. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast. IndustryFCC Releases Agenda for Connect America Fund Phase II Auction WorkshopOn February 27, the FCC issued a Public Notice announcing the agenda for the upcoming public workshop on the application process for the Connect America Fund Phase II auction (Auction 903). The workshop will be held on Wednesday, March 14, 2018, from 11:00 a.m. to 1:00 p.m. Eastern Time (ET). Agenda:
The auction application period closes March 30, 2018. BloostonLaw urges carriers interested in participating in the auction to begin preparing applications now, as the workshop will not be held until only two weeks remain in the filing period. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast. DeadlinesMARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2017, is due March 1. The form covers the period July 1 to December 31, 2017, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. If you do not receive the form, please contact Gerry Duffy. MARCH 1: CPNI ANNUAL CERTIFICATION. Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2018. The certification must be filed with the FCC by March 1. Note that the annual certification should include the following three required Exhibits: (a) a detailed Statement Explaining How The Company’s Operating Procedures Ensure Compliance With The FCC’S CPNI Rules to reflect the Company’s policies and information; (b) a Statement of Actions Taken Against Data Brokers; and (c) a Summary of Customer Complaints Regarding Unauthorized Release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and file the certification with the FCC in the correct fashion. Our clients can forward the original to BloostonLaw in time for the firm to make the filing with the FCC by March 1, if desired. BloostonLaw is prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance proof-of-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:
BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 31: STREAMLINED INTERNATIONAL CIRCUIT CAPACITY REPORT. No later than March 31, 2018, all U.S. international carriers that owned or leased bare capacity on a submarine cable between the United States and any foreign point on December 31, 2017 and any person or entity that held a submarine cable landing license on December 31, 2017 must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. Additionally, cable landing licensees must file information on the Circuit Capacity Report about the amount of available and planned capacity on the submarine cable for which they have a license. Last year, the FCC eliminated the requirement for U.S. International Carriers that owned or leased bare capacity on a terrestrial or satellite facility to show its active common carrier circuits for the provision of service to an end-user or resale carrier, including active circuits used by itself or its affiliates. BloostonLaw Contacts: Gerry Duffy. APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis ex-emption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service. BloostonLaw Contacts: Ben Dickens, Gerry Duffy and Sal Taillefer. APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that (1) states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules; (2) states that the company has in fact kept records for the previous calendar year; (3) contains contact information for the individual or individuals handling customer complaints under Part 14; (4) contains contact information for the company’s designated agent; and (5) is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company. BloostonLaw Contacts: Gerry Duffy, Mary Sisak, and Sal Taillefer. 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-GlanceMarch April May
LMCC Asks FCC’s Enforcement Bureau to Crack Down on Distribution of Non FCC Certified EquipmentThe Land Mobile Communications Council (LMCC) is scheduled to meet with the FCC’s Enforcement Bureau in order to address the wide-spread use of non-compliant wireless devices in both the Public Safety and Industrial wireless sectors. LMCC seeks to have the problem addressed through public education as well as enforcement activities that are designed to address the wide-spread use of these non-compliant wireless devices. The vast majority of the devices come from Asia and are sold through Internet sites such as Amazon and EBAY as well as certain retail outlets. While some of these devices have received type acceptance under Part 15 of the FCC’s Rules for use in the amateur radio service, these devices are being marketed for use on frequencies that are reserved for the Part 90 private radio services. Aside from violating the FCC’s Rules, the importation, marketing and sale of these devices could result in harmful interference to Federal radio systems as well as radio systems operated by licensees in the Public Safety and Industrial/Business Pools. In addition to this interference risk, LMCC notes that the importation and sale of non-compliant equipment can have a significant economic impact on equipment manufacturers and distributors who have gone through the expense to meet the FCC’s operational and technical rules. LMCC, which is made up of various wireless communications interests in the public safety, critical infrastructure, business industrial and equipment manufacturing, has stated that it is prepared to work collaboratively with the FCC’s Enforcement Bureau in order to “facilitate a meaningful resolution” of this problem. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Rejects Appeal of $1.84 Million FineThe FCC has rejected a petition for reconsideration of a $1.84 million fine for violations of FCC’s junk fax rules levied against Mr. Scott Malcolm and his companies DSM Supply and Somaticare for violating the Telephone Consumer Protection Act of 1991 (TCPA) by sending unsolicited fax advertisements. In a press release, the FCC said, “Mr. Malcolm’s violations of the Telephone Consumer Protection Act were numerous, egregious, and occurred after being warned that he was violating the law.” Following numerous consumer complaints, the FCC cited Mr. Malcolm for violations of the TCPA. According to the press release, the violations continued after Mr. Malcolm received notice, and when Mr. Malcolm was asked to provide any evidence related to and arguments against the proposed fine, his response arrived nearly seven months after the deadline. Mr. Malcolm subsequently petitioned the FCC for reconsideration, claiming that the fine was excessive, in violation of the Eighth Amendment to the U.S. Constitution. In particular, Mr. Malcom claimed that (a) he had “some basis” to believe that the faxes did not violate the law or the FCC’s Rules, (b) the unsolicited faxes were annoying, but did not cause “economic injury to the recipients or to the government” and (c) the fine would permanently destroy Mr. Malcom’s livelihood.” The FCC rejected the petition on procedural grounds: FCC rules generally provide for reconsideration only when the petitioner presents new facts that were not available prior to the issuance of the fine, and according to the FCC Mr. Malcolm could have argued excessiveness in earlier responses but failed to do so. The FCC also found that Mr. Malcolm did not present sufficient evidence to demonstrate that the $1.8 Million forfeiture was excessive in violation of the Eighth Amendment. BloostonLaw Contacts: John Prendergast and Richard Rubino. Senate Passes Kari’s Law – To Ensure 911 from Multi-Line Telephone SystemsCongress has passed the Kari’s Law Act of 2017 (H.R. 582), which is designed to ensure that every call to 911 directly connects the caller to the PSAP. This law arises out of an incident in 2013 in which Kari Rene Hunt-Dunn was attacked by her estranged husband in Marshall, Texas. Her daughter tried to call “911,” but the calls did not go through because the hotel’s phone system required the caller to dial “9” in order to get a dial tone before dialing “911.” In praising this Congressional action, Chairman Pai stated that “[s]hortly after this terrible event, Kari’s father, Hank Hunt, channeled his grief into a determination to change this system. I’ve had the privilege of working with him since 2013 to do just that. Thanks to his courage and the tireless support of many others, we are one step closer to ensuring that 911 works every time, without anyone having to dial an access code.” H.R. 582 will require all Multi-Line Telephone Systems (MLTS) to be configured so that users can directly dial “911” without the need for additional digits or a prefix form any phone. Additionally, under the proposed Act, an MLTS would have to be programmed to notify a designated point of contact any time a 911 call was initiated. MLTS systems serve several telephone users at a single site, such as office buildings, hotels, schools, colleges, etc. These systems typically require the dialing of a prefix or a single digit in order to obtain an outside line. Currently, users of the system must still dial a prefix or a digit in order to make a 911 call from an MLTS phone — which would now be prohibited. The changes adopted in H.R. 582 will apply to those MLTS systems that are manufactured, imported, offered for sale or lease, first sold or leased, or installed after two years from the date this Bill is signed by the President. BloostonLaw Contacts: John Prendergast Gerry Duffy and Richard Rubino Local Government Cited for Pirate Station OperationThe FCC has cited the Town of Ward, Colorado, for unlicensed operation of a radio transmitter operating on the frequency 90.5 MHz. During its investigation, the FCC found that the offending signals originated in a trailer that was parked next to the Town Hall. A review of the FCC’s licensing records found that no license had been issued for a broadcast station on the frequency 90.5 MHz at that location. In its notification, the FCC made clear that operation on most frequencies, including 90.5 MHz, require licensing by the FCC and that the only exception is for certain transmitters that are operated at a very low power level or mode of operation on a secondary, non-interference basis pursuant to Part 15 of the FCC’s Rules. Here, it appears that the Ward transmitter exceeded the power limit permitted under Part 15 at 3 meters for non-licensed devices — and as a result, required licensing by the FCC. For those of our clients who operate on unlicensed spectrum or utilize Part 15 devices, it is critically important that those devices be operated in accordance with the FCC’s Rules. A failure to do so could result in the FCC as treating the operation as unlicensed operation — which could subject you to significant fines and enforcement actions. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Dismisses Request for 800 MHz Rebanding Compensation by Mexican LicenseesThe FCC dismissed a Petition for Declaratory Ruling filed by Comunicaciones Digitales del Norte, S.A. de C.V., Radio Sistemas de Tamaulipas, S.A. de C.V., Troncatel, S.A. de C.V., and Union Agricola Regional del Norte de Tamaulipas which sought an FCC order for compensation from AT&T Mexico and Sprint Corporation. In dismissing the petition, the FCC noted that it was substantively identical to previous petitions that had been dismissed in 2016 for lack of jurisdiction. Petitioners operate 800 MHz trunked mobile systems in Mexico near the U.S.-Mexico border. Pursuant to the June 8, 2012, agreement between the United States and Mexico modifying the international allocation of 800 MHz spectrum in the U.S.-Mexico border region (Amended Protocol), Petitioners and certain other Mexican 800 MHz licensees in the U.S.-Mexico “Sharing Zone” were required to change their operating frequencies to conform to a revised border area band plan contained within the Amended Protocol. As a result, the Petitioners filed a Petition for Declaratory Ruling in July 2016 requesting that the FCC require AT&T Mexico and Sprint to compensate them for costs and damages that the Petitioners alleged were incurred as a result of being required to relocate their facilities from the 800 MHz band. The FCC denied the 2016 petition because the Petitioners had failed to “demonstrate “any controversy or uncertainty relating to the Communications Act, other statutes within the Commission’s jurisdiction, or the Commission’s prior orders.” As a result, the FCC concluded that any resolution to their complaint under the Amended Protocol was within the jurisdiction of Mexico and not the United States. Because the current petition was merely a substantive rehash of the 2016 petition, the FCC dismissed the current petition due to a lack of jurisdiction and because it did not raise anything new. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Clarifies 700 MHz Narrowband Service Rules; Comment on Continued Information Collection for 700 MHz Interoperability ChannelsThe FCC has adopted a Second Report and Order in which it has amended and clarified the Commission’s 700 MHz narrowband (769-775/799-805 MHz) interoperability and technical rules. In particular, the Second Report and Order (1) amends and clarifies the rules to exempt 700 MHz low-power Vehicular Repeater Systems (VRS) from trunking requirements; (2) amends the rules to ensure that 700 MHz public safety licensees receive information on the basis of vendor assertions that equipment is interoperable across vendors, and complies with Project 25 (P25) standards; and (3) amends the rules to require that all narrowband mobile and portable 700 MHz public safety radios, as supplied to the ultimate user, must be capable of operating on all of the narrowband nationwide interoperability channels without addition of hardware, firmware, or software, and must be interoperable across vendors and operate in conformance with P25 standards. The FCC also adopted a uniform effective date for the rules that were the subject of the Motorola Petition for Partial Reconsideration and the rules newly adopted in this Second Report and Order, which will be effective 30 calendar days following publication in the Federal Register.
The FCC has amended Rule Section 90.537 to exempt 700 MHz VRS systems from the trunking requirement. This was supported by all commenters because the exemption would provide public safety licensees with the needed flexibility to meet their operational needs and allow them to overcome the technical challenges associated with trunking VRS systems. In particular, Virginia noted that as of 2016, no trunked VRS unit was available from any manufacturer or approved for use in the United States. And, even if equipment were available, it would be difficult and costly to replace all existing VRS units. As a result, the FCC concluded that exempting 700 MHz VRS units from the Rule Section 90.537 trunking requirement would ensure that public safety entities could continue to use this technology — especially since state-wide VRS deployments provide cost-effective options for extending coverage inside buildings and in rural areas.
The FCC’s Rules require 700 MHz base and mobile equipment to (a) operate on the 700 MHz narrowband interoperability channels and (b) be P25 compatible when operating on those channels. Prior to 2005, the Commission stated that “no independent testing program existed to verify that radios represented by equipment vendors to be P25-compliant in fact meet all of the P25 requirements.” This is because equipment was “self certified” by the equipment manufacturers using their own internal testing criteria. As a result, equipment that appeared to be P25 compliant was not interoperable across all manufacturers. In order to ensure interoperability across all product lines of 700 MHz narrowband equipment, the FCC amended its rules in 2014 and 2016 to require manufacturers to verify that the equipment was in fact interoperable “(1) under the P25 CAP, a voluntary program administered by DHS or (2) using a manufacturer’s own equivalent verification protocol.” While manufacturers were not required to provide test results as a matter of course, manufacturers were required to retain these results in case requested by the FCC. The FCC has now adopted a new Rule Section 90.548(d) which will ensure that public safety licenses receive information regarding the basis for manufacturer claims that equipment is interoperable across all manufacturers and complies with the P25 standards. In this regard, Rule Section 90.548(d) will only apply to transceivers that are capable of conventional operation on the 700 MHz narrowband interoperability channels listed in Rule Section 90.531(b). Further, the FCC has clarified that Rule Section 90.548(d) will also cover mobiles, portables and repeaters. The FCC has also revised its rules to limit the feature sets and capabilities that are subject to FCC testing requirements baseline functions that support conventional voice interoperability. Finally, the FCC specifically references the TIA standards and testing standards that have been available to manufacturers for several years.
In a related proceeding, the Office of Management and Budget is requesting comment on the continued information collection for the 700 MHz Interoperability Channels. Pursuant to the Paperwork Reduction Act, the FCC is periodically required to review its information collection requirements in order to determine whether the information is “necessary” for the “proper performance of the functions of the Commission.” Rule Section 90.525 requires applicants for Interoperability channels in the 769-775/799-805 MHz band to obtain the approval of state-level agencies or organizations responsible for administering emergency communications. Rule Section 90.529 requires that each state license grant will be conditioned upon the state certifying on or before each construction benchmark that it is either providing or prepared to provide “substantial service.” Rule Section 90.531 establishes the band plan for the 769-775/799-805 MHz band. In this regard, narrowband general use channels, including the former narrowband reserve channels and low power channels require concurrence from the regional planning committee and narrowband air-ground channels require concurrence from the state or regional planning committee. Comments are due April 16, 2018 BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Seeks Comment on Request for Waiver of Part 15 Ultra-Wideband Rules for Medical Imaging SystemFCC is requesting comment on Sensible Medical Innovations Ltd.’s request for waiver of Rule Sections 15.31(c), 15.503(d), 15.513(a), 15.521(d), and 15.525 in order to allow marketing and operation of its stepped frequency ultra-wideband (UWB) medical imaging and diagnostic equipment known as the ReDs System. Sensible states that the ReDs System can provide accurate lung fluid measurements for congestive heart failure patients in a non-invasive way. The device operates over the frequency range of 1005-1709 MHz. It contains two sensors that are attached to the body, one on the chest and one on the back, positioned so that the patient’s lung is between the sensors. Each sensor consists of an antenna for transmitting and receiving electromagnetic waves that are transferred through the pulmonary tissue. The dielectric properties of the lung alter the transmitted electromagnetic waves, and these changes are measured by the ReDs System and used to calculate fluid concentration. Comments are Due March 12, 2018 and Reply Comments are Due March 27, 2018 BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Cites Pro-Vision for Marketing Unlabeled DevicesIn response to an interference complaint from the Chimacum School District on the frequencies 155.265 MHz and 155.7075 MHz, the FCC’s Enforcement Bureau determined that the source was a digital mobile DVR system manufactured by PRO-VISION. During the course of the investigation, the FCC discovered that the two PRO-VISION DVR cameras did not display the required FCC identification numbers as required by the FCC’s rules. The FCC equipment identification number is a critical component for any device that can radiate an RF signal — whether intentionally or not, since it provides evidence that the device has been tested and meets FCC equipment authorization requirements. Equipment that has not been tested, may not display an equipment authorization number and may not be imported, marketed, manufactured or offered for sale or otherwise distributed in the United States. BloostonLaw Contacts: John Prendergast and Richard Rubino Unlicensed Operation Causes Harmful Interference to T-MobileThe FCC has notified Mr. Victor Rosario that his use of the Antminer s5Bitcoin Miner was causing interference to T-Mobile’s 700 MHz LTE network in Brooklyn, New York. This device, which was released in 2014, is designed to mine bitcoins. Unfortunately, its use caused harmful interference to T-Mobile’s operations. Under Part 15 of the FCC’s Rules, the operation of intentional, unintentional or incidental radiators are permitted to operate so long as they do not cause harmful interference to licensed radio operations, including two-way land mobile operations. Should it be determined that a Part 15 device causes harmful interference, it must cease operation upon notification from the FCC and operation may not resume until the condition causing the harmful interference is resolved. As a result, the FCC has notified Mr. Rosario in writing that his device is causing harmful interference. The notification points out that continued operation, after receipt of the FCC warning letter, is a violation of Federal law and could subject the operator to severe enforcement penalties including substantial fines, seizure of the radio device, and/or criminal prosecution to include imprisonment. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Issues Guidance Letters to State and Local Governments Concerning Improper Use of Interoperability ChannelsThe FCC has issued guidance letters to the State of New Mexico and the Franklin Square Munson Fire District regarding their use of Interoperability channels.
The FCC noted that the Fire District had been using the frequency 453.4625 MHz for “internal, routine day-to-day operations” since 2000. In this regard, the FCC noted that on December 7, 2000, it had amended its rules so that after January 1, 2005, grandfathered operations on the frequency 453.4625 MHz would be secondary to co-channel interoperability communications. As a result, the Fire District was ordered to discontinue operation on this frequency if it was required for interoperability communications even if doing so would hinder its day-to-day operations.
The State of New Mexico advised the FCC that certain public safety/governmental licensees in Arkansas, Oklahoma, New Mexico, and Texas are using the interoperability channels in the “VHF, UHF and 800 MHz bands” for “internal, day-to-day” communications.” As an example, the State of New Mexico indicated that one licensee in its FEMA region was using a VHF interoperability channel “as the primary repeater output for [its] fire department” and that another licensee was using an interoperability channel “as the primary repeater output for [its] emergency medical services.” New Mexico stated that these uses make the interoperability channels “unusable for interoperability purposes during emergency and disaster situations” within a large geographic area of its region. The rules concerning the use of the VHF and UHF interoperability channels differ from that of the 800 MHz band. In this regard, non-interoperability communications on the interoperability channels in the VHF and UHF bands are secondary, meaning that non-interoperability communications, such as routine day-to-day communications on the VHF and UHF interoperability channels may not prevent those channels from being used for interoperable communications. In the case of the 800 MHz band, the FCC has stated that the 800 MHz interoperable channels are reserved “for the express purpose of intercommunication in non-routine, critical situations” and are intended to “provide public safety agencies with the means to coordinate their responses more effectively.” As a result, the 800 MHz band interoperability channels are not to be used for routine, administrative, intra-agency communications, but can only be used for the coordination of communications between multiple public safety entities. Thus, use of the 800 MHz interoperable channels for routine purposes would be a violation of the FCC’s Rules that could subject the entity to fines and other enforcement actions. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Approves Four Environmental Sensing Capability Operators for the 3.5 GHz BandThe FCC’s Wireless Telecommunications Bureau and Office of Engineering and Technology (OET) conditionally approved four entities: CommScope; Federated Wireless, Inc. (Federated Wireless); Google, Inc. (Google); and Key Bridge Wireless LLC (Key Bridge) as Environmental Sensing Capability (ESC) operators in the 3550-3700 MHz band (3.5 GHz Band). These ESC operators will manage a sensor system that is designed to detect the presence of federal incumbent radar transmissions in the 3550-3650 MHz portion of the 3.5 GHz Band and communicate that information to one or more Spectrum Access Systems (SAS) in accordance with the Commission’s rules. The ESC will enable more dynamic sharing between federal and non-federal users in the band, particularly in coastal areas – such as along the Florida Keys and the Outer banks of North Carolina. The Citizens Broadband Radio Service, which was established in 2015 in the 3.5 GHz band, will share the band with federal and non-federal Incumbent Access tier users, as part of a broader three-tiered sharing framework enabled by one or more Spectrum Access Systems (SAS). The SASs will serve as advanced, highly automated frequency coordination systems that will assign spectrum within the band and coordinate access between and among the three tiers of users. An ESC will detect signals from federal radar systems and, based on ESC inputs, SASs will instruct commercial users to vacate channels as necessary to prevent harmful interference to federal operations. In December 2015, the FCC released a Public Notice which described the requirements and application submission process for ESCs. Based upon its review the applications received, the FCC conditionally approved the proposals of CommScope, Google, Federated Wireless and Key Bridge to act as ESC operators. In this regard, our office has already been contacted by at least one of these ESC operators looking for antenna space along the coastline. Should you receive a call, we recommend that you contact our office so that we can lead you through the process of leasing antenna space should you desire to do so. BloostonLaw Contacts: John Prendergast and Richard Rubino
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