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MAY 17, 2018 @ 09:05 AM

What Ripe Fruit Will BlackBerry Produce On June 7th?

By Curtis Silver
CONTRIBUTOR Writing on Consumer Tech & Social Media with a satirical, cynical edge
Opinions expressed by Forbes Contributors are their own.

BlackBerry KEYone (AP Photo/Manu Fernandez)

Last week BlackBerry Mobile pinned a tweet that simply states "An Icon Reborn" with the date of June 7, 2018 at 10AM listed underneath, as well as "New York" and "BlackBerry KEY2". By all accounts, it appears that BlackBerry is not finished with making phones.

TCL Communications had previously announced two new BlackBerry phones to be released in 2018, the GSM unlocked BlackBerry Motion in the United States and the BlackBerry KEYone Bronze Edition for select international markets. The initial KEYone phone had mild success in the United States since its 2017 release, which apparently was enough for BlackBerry to gear up for a brand new phone this year.

I've always had a affinity for BlackBerry phones, my BlackBerry Q20 SQC100-3 being one of my all-time favorites. While the PRIV and DTEK60 were eventual failures, the release of the KEYone was a bit of a revival for the brand. Plus, TCL dropped the BlackBerry operating system and switched to Android with the KEYone, which gave it a much fresher aroma.

So now we have BlackBerry teasing a new phone and suddenly, the company doesn't seem like it's slipping into irrelevancy. The rumors are swirling, albeit with tepid volume, around the tech world bowl. Pocket-Lint has a good roundup of the rumored specs of the new BlackBerry KEY2, most of which seems to be pretty valid.

If the rumors are valid, the BlackBerry KEY2 will be a pretty standard phone in the operational sense. Dual-band WiFi running Android Oreo and benchmarking results that indicate an eight-core Snapdragon 660 processor with 6GB RAM. We can also expect some power in that battery, as BlackBerry has focused on creating phones that don't die after four hours of Candy Crush. Slashleaks also released an image that is allegedly the KEY2 itself, though TCL hasn't confirmed a damn thing.

Slashleaks BlackBerry KEY2 — maybe

The image clearly shows dual rear cameras and a more streamlined keyboard than the KEYone. The rest of the phone looks like the square, physical specimen we've come to expect from the BlackBerry design team. There is a programmable button on the side and unlike certain Apple products, a 3.5mm headphone jack at the top. One of my favorite characteristics of this phone is the material itself, which appears to be made for one-handed gripping and not slippery like glass.

While I'm mostly content with my sturdy CAT S41, the BlackBerry KEY2 would definitely be my second choice if I had to get a new phone this year. In the fast past world of mobile communications that we live in, there is something a physical keyboard offers that just can't be duplicated by virtual keyboards. There is a connection to the device that just makes you feel stronger about that idiotic text message you are about to send.

On June 7th in New York, BlackBerry will reach up to the mobile phone vine and pull down something delicious and glistening with the morning dew of new mobile tech. While the KEY2 most likely won't come close to competing with the Apple iPhone X or even the Google Pixel 2, it will continue to carve out its own niche market of true phone fruit connoisseurs. The physical keyboard, the lasting battery and the speed of the Snapdragon processor all will come together in a delicious smoothie of awesomeness called the BlackBerry KEY2. [source]

Emergency Radio Communications Wireless Messaging Critical Messaging Two-way Radio Technology Telemetry Science Paging Wi-Fi

Wireless Messaging

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.

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Service Contracts

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

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

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

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Multitone to Focus on Technology for Patient and Staff Safety at Design in Mental Health

By Multitone Electronics on May 10, 2018

Multitone Electronics plc, a specialist in the design, manufacture and implementation of integrated communications, will be exhibiting its Eko range of patient and staff protection systems on Stand 404 at the Design in Mental Health conference and exhibition. The event takes place at the National Conference Centre near Birmingham, from 15th-16th May.

Multitone will exhibiting its Eko family of safeguarding systems, which includes the award winning EkoTek and EkoCare communications solutions for staff/patient protection and lone workers. The Eko range is an on-site two-way wireless protection system that raises an alarm or summons help at a touch of a button.

Matt Byrom, Product Manager at Multitone commented, “The Eko family of products is designed to provide reliable but discreet protection, that is perfect for mental healthcare facilities. The system has been proven in hospitals around the world, including The Retreat in York, a treatment centre for mental health needs, where it enables staff and patients to easily summon assistance to their exact location using either a portable device or wall-mounted button.”

With separate alarm levels for assist and emergency, alerts are routed via a smart radio-based network of beacons and repeaters. The alert can be forwarded to any device or set of devices including pagers, two-way radios, DECT phones, email or a mobile smart device, via a dedicated and highly secure app.

Using wireless, failsafe technology, EkoTek and EkoCare both offer cost-effective installation (with no need for mains rewiring), long battery life and impressive reliability. In the unlikely event of a network repeater failing, the message is rerouted to ensure the alert is always delivered. The devices are also IP67 rated (resisting dirt and cleaning with sprays or disinfectant) and the system can also be integrated with fire alarm systems.

Matt concluded, “This event focuses on the design of mental health facilities and creating calm therapeutic environments for the benefit of patients and staff alike, which is precisely the approach of the Eko family of products. The Design in Mental Health show is the perfect opportunity for anyone in the NHS or private healthcare industry to understand the advantages of Multitone’s solutions and to discuss specific requirements with the team on our stand.”

About Multitone — www.multitone.com

As a pioneer of wireless messaging, Multitone Electronics plc is a specialist developer of integrated communication systems for on-site and global use. The organisation; which is best known for its supply of critical communications, continues to explore and develop reliable communications and controls, whilst offering robust, targeted systems that effectively and reliably integrate with customers’ existing systems and technologies.

The product offering combines the best in wireless telephony, radio-paging systems and personal security systems with professional services and tailored software to create a truly cohesive communication platform.

Multitone is part of Champion Technology Holdings, with a turnover in 2016 in excess of £498M.

Business Computing World

Paging Transmitters 150/900 MHz

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

• Commercial Paging systems.
• Healthcare Paging systems.
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• Demand Response Energy Grid Management.

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

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

Prism-IPX Systems LLC.

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

Still The Most Reliable Protocol For Wireless Messaging!

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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.

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Most Hospitals Missing a Crisis Communications Plan

Published on May 15, 2018
By Igor Gluic
CTO*Business Leader in Critical Messaging*Pagers*Telecommunications
Citipage Ltd./Wireless Solution Group

There’s no time for power outages in the middle of a climate disaster.

Lives are at stake.

First responders certainly need their mobile devices to operate without a glitch and the ability to send rich data. They also need smartphones, tablets, and wide-area pagers.

The access to a second network for critical messaging is a must.

So, what happens when an organization goes through a crisis? How is the communications technology handled? What role do innovation leaders play and how can their programs drive value in a situation of distress?

Our new reality in Alberta is that municipalities are coping with surges of water from rapid spring thaws. High priority alerts are sent with regularity to homes, businesses, and roadways. In mid-April, five different emergency alerts had been issued to motorists advising that 60 roads had been closed.

In other parts of the world, red alerts repeatedly go out for wildfires, tornadoes, and electric storms.

The need for innovative thinkers is paramount to help communities to effectively navigate the rough terrain. Here are some actions that drive value.

Critical Messaging Needs Strategic Context

When dealing with a crisis there is no shortage of finger-pointing amid immediate demands for leadership. And there are glaring reasons to account for any confusion.

Spok uncovered some answers through its annual Mobility in Health Care Survey. The survey examines trends in health care communication technologies which is now starting to reveal some longer-term trends. The data collected in July 2016 represents more than 550 respondents in the U.S. and you can expect similar numbers for Alberta and Canada.

Survey Question. Why is there no mobility strategy in place at your hospital? Respondents answered:

• 31% - We are in the process of developing a strategy right now
• 30% - I don’t know
• 17% - We have a verbal strategy in place, but it is not written/documented at this time
• 15% - Budget constraints

The lack of preparation is alarming. It's part of the reason we continue to encourage healthcare professionals to educate leaders on the broader societal needs.

It’s also imperative to understand that effective communications go beyond leadership. The process of education involves an entire organization and its aligned partners to be apprised of the changing environment that contributed to the current crisis.

Climate Change Emergencies Need Developed Responses

Disaster teams need to have a range of channels, approaches, and people to source and develop new ideas. These resources help resolve the immediate situation and positions the organization more positively for future disruption.

The New Reality: Crisis Communications

Mobile Computing in Clinical Settings, 2013 published by Canada Health Info discusses implications of mobile devices used in clinical settings. The paper concludes that mobile technologies show a lot of promise but also require significant infrastructure to be successful. There also is a not a lot of data yet to demonstrate that mobile technology is effective in large-scale implementation.

Here are five more points:

• Curation of mHealth apps is needed to help medical and supporting staff sort through potential options.
• There are infection risks with mobile devices because they travel with medical and supporting staff between environments and could transmit microorganisms.
• Innovation leaders should also examine their existing pipeline of ideas, and reassess them in the context of a crisis.
• Introducing new technology represents significant costs for any healthcare organization.
• Medical, supporting staff, and patients need to be aware of the privacy and security implications of using mobile devices and apps for professional purposes.
• Should an organization have a tiered innovation-focused employee engagement model, the most actively engaged employees should be directed to develop solutions, as they may be the ones most inclined to drive change.

Communicate Early and Often

During times of crisis, leadership must keep everyone involved — internally and externally — with the immediate relay of information. This will not happen if overloaded mobile phone towers shut down during times of distress.

By contrast, paging towers use different technology.

The paging narrowband signal is, on average, 7x stronger than cellular. So, a doctor can receive a critical response message anywhere in the building — even in an elevator.

Specifically, cellular signals travel via phone company landlines to a tower and then get handed off to users as they move through different cell zones. On the other hand, paging signals get beamed to a satellite before handing off to all the towers in the local network nearest the destination pager.

Who's involved in an emergency?

On-call staff 24/7, first responders, and healthcare personnel who need two communication devices (cell phone and pager or a cell phone and radio or a radio and pager).

The access to a second network for critical messaging is a must.

Crisis Communications and Social Innovation

In extended times of crisis, disaster leaders often look to emphasize their social impact goals. Yet, today, we all look for authenticity in our leaders which means these expressions of socially minded interests must also be conveyed during times of non-crisis.

In other words, leaders must walk their talk.

Lessons and action steps learned from a crisis may encourage an organization to consider how they add value to society and avoid crisis situations going forward.

After the Crisis

Disaster leaders may have built relationships with vendors during non-crisis times. It’s a good idea for leaders to recalibrate these relationships to better understand their role in relation to the crisis. In an emergency, the scope, type, and role of vendors may change.

The reality is there’s a new age of climate disruption. As a result, crisis management is becoming a more common occurrence for organizations.

It’s essential that corporate innovation leaders play an active role in resolving these situations and positioning the organization to be more flexible, responsive, and socially oriented over time.

It’s our collective responsibility to step up and add value — where and when it’s needed most.

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Who We Are

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

What We Make

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

Contact Us  

Repair and Refurbishment Services

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

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 Shawn Pasienza shawnP@criticalalert.com (904) 203-1158

For Sale: Power-One 24VDC Linear Power Supplies $70 each Max output: 3.6 Amps Input: 100/120/220/230/240 VAC 50/60Hz

Internet Protocol Terminal

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

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

Additional/Optional Features

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

Prism-IPX Systems LLC.

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

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

	Motorola SOLUTIONS
	Motorola MOBILITY

Paging Data Receiver PDR-4

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

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

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

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

Prism-IPX Systems LLC.

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

Wireless Network Planners
Wireless Specialists

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

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

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

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

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

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

Remote AB Switches

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

ABX-1

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

ABX-3

Common Features:

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

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
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Friday, May 18, 2018	Volume 6 | Issue 98

Limits Relaxed on Wireless Cell Signal Boosters

More people can now access wireless cell signal boosters. The Commission voted in March to remove the personal use restriction so subscribers can use boosters to improve their coverage indoors, underground and in rural areas. The rule change becomes effective today.

The original rules, enacted in 2013, were conservative. They limited operation to certain spectrum bands and authorized provider-specific boosters and wideband boosters, which extend coverage by all providers in range. The agency says the personal use restrictions on provider-specific devices are no longer needed, meaning businesses, public safety entities, and schools can use them. Specifically, whereas the existing rules restricted provider-specific consumer signal boosters to personal use, the Commission will now permit any subscriber — an individual or a non-individual — with a proper registration to use these boosters.

Wilson Electronics CEO Bruce Lancaster told Inside Towers at the time, the change can especially help small businesses. “Boosters help users stay connected in areas where the carriers struggle to reach with their network. Whether this is in remote areas while camping, or in difficult to reach areas in buildings, boosters have solved hundreds of thousands of consumers’ connectivity issues, without causing any issues to any of the carriers’ networks,” he said. The elimination of the personal use restriction makes this same benefit available to businesses, which have similar connectivity challenges for themselves or their customers, he added.

T-Mobile agreed, telling the FCC, the existing rules blocked, “whole segments of the public — e.g., small businesses, institutions of higher education, office parks, factories, warehouses, and government buildings — from taking advantage of the boosters’ benefits.” For example, “a small business may need to install a booster to improve signal strength within its office,” noted T-Mobile. The restrictions meant ‘‘[t]he only options available to such [small businesses and others] would be to deploy an industrial signal booster, switch carriers, or continue to endure indoor coverage issues.’’

Publication in the Federal Register triggered the effective date.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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.

Pole Attachment Complaint Filing Rules Effective May 10

On May 10, the FCC filed notice in the Federal Register that the Office of Management and Budget approved the information collection associated with the Commission's pole attachment complaint rules. In Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84, the FCC, among other things, expanded the type of pole attachment complaints that can be filed by ILECs, now allowing them to file complaints related to a denial of pole access by utilities. The Commission will use the information collected under this revision to Section 1.1424 to hear and resolve pole access complaints brought by ILECs and to determine the merits of the complaints.

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

Headlines

FCC Announces Status of CAF Phase II Short-Form Applications

On May 14, the FCC released a Public Notice announcing the status of the 277 short-form applications received for the CAF Phase II Auction (Auction 903). Corrected applications must be filed prior to 6:00 p.m. ET on Tuesday, June 5, 2018.

According to the Public Notice, only 47 out of 277 applications were deemed complete. A whopping 230 applications (or 83% of all submissions) were deemed incomplete or otherwise deficient – by far the highest in any FCC auction. These applicants will each receive a letter identifying the deficiency or deficiencies in its application via overnight delivery to the contact person and contact address listed in the application. As noted above, the identified deficiencies must be addressed prior to 6:00 p.m. ET on Tuesday, June 5, 2018.

Designation of an application as complete indicates that the applicant has provided the certifications and basic information concerning its qualifications that are required by the Commission’s competitive bidding rules and has been determined to be financially and operationally qualified to participate in the auction. As such, it is not determinative of an applicant’s qualifications to receive Connect America Fund Phase II support.

Due to the anti-collusion rules for Auction 903, the firm is not able to discuss bids or bid strategy with any client for whom we did not file a short form, but can provide information on general auction procedures, such as how to file the updated responses.

BloostonLaw Contacts: John Prendergast.

FCC Releases Illustrative Models for Rate of Return Reform Commenters

On May 11, the FCC issued a Public Notice providing illustrative model results intended to aid parties that are preparing comments in response to the 2018 Rate-of-Return Reform NPRM. BloostonLaw is preparing comments, which are due May 25. Carriers interested in participating in this proceeding should contact the firm for more information.

In the NPRM, the Commission sought comment on, among other matters, (i) whether to provide a new model offer based on revised parameters to carriers that would receive less support under the model than under legacy rate-of-return support mechanisms, and (2) whether to exclude from the rate-of-return budget constraint mechanism an amount equal to 80 percent of a carrier’s new model offer.

The first reports (Reports 12 and 13) set forth revised offers of support and obligations for the proposed new model offer. Report 12 reflects a revised funding threshold of $39.38 and a revised funding cap of $159.22 for Tribal areas only. For non-tribal areas, the report reflects a funding threshold of $52.50 and a funding cap of $146.10. Report 13 utilizes a non-tribal funding threshold of $52.50, but increases the funding cap to $200.00, while setting the Tribal funding threshold at $39.38 and the Tribal funding cap at $213.12. Consistent with prior A-CAM offers, the offers of support illustrated in these reports would be available to holding companies for all of their commonly owned operating companies within a state.

The second report (80 Percent Minimum Report) is intended to aid parties in commenting on the Commission’s proposal to establish a minimum amount of support for carriers receiving legacy rate-of-return support that would not be subject to the budget constraint mechanism. The report shows for each study area currently receiving rate-of-return legacy high-cost support: 2017 claims (less CAF ICC) prior to the application of the budget control; 2017 claims (less CAF ICC) after application of the budget control; the amount equal to 80 percent of the model offer for that study area; and a hypothetical estimate of 2017 support using the 80 percent amount as a minimum guarantee, consistent with the rule as proposed in the NPRM.

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

Internet Transparency Rule Effective June 11

On May 11, the FCC announced that the Office of Management and Budget (OMB) has approved the information collection associated with the transparency rule in the Restoring Internet Freedom Order. Accordingly, these rules are effective June 11.

Specifically, the rule requires ISPs to disclose:

• Blocking. Any practice (other than reasonable network management elsewhere disclosed) that blocks or otherwise prevents end user access to lawful content, applications, service, or non-harmful devices, including a description of what is blocked.
• Throttling. Any practice (other than reasonable network management elsewhere disclosed) that degrades or impairs access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device, including a description of what is throttled.
• Affiliated Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, including identification of the affiliate.
• Paid Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
• Congestion Management. Descriptions of congestion management practices, if any. These descriptions should include the types of traffic subject to the practices; the purposes served by the practices; the practices' effects on end users' experience; criteria used in practices, such as indicators of congestion that trigger a practice, including any usage limits triggering the practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.
• Application-Specific Behavior. Whether and why the ISP blocks or rate-controls specific protocols or protocol ports, modifies protocol fields in ways not prescribed by the protocol standard, or otherwise inhibits or favors certain applications or classes of applications.
• Device Attachment Rules. Any restrictions on the types of devices and any approval procedures for devices to connect to the network.
• Security. Any practices used to ensure end-user security or security of the network, including types of triggering conditions that cause a mechanism to be invoked (but excluding information that could reasonably be used to circumvent network security).

The rule also requires ISPs to disclose performance characteristics, including a service description and the impact of non-broadband Internet access services data services, such as expected and actual access speed and latency, and the suitability of the service for real-time applications. Finally, the rule requires ISPs to disclose commercial terms of service, including price of the service, privacy policies, and redress options. The rule requires ISPs to make such disclosures either via a publicly available, easily accessible website or through transmittal to the Commission, which will make such disclosures available via a publicly available, easily accessible website.

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

FCC Seeks Comment on TCPA Following Changes Ordered by Court

On May 14, the FCC issued a Public Notice seeking comment on several issues related to interpretation and implementation of the Telephone Consumer Protection Act (TCPA), following the recent decision of the U.S. Court of Appeals for the District of Columbia in ACA International v. FCC.

First, the FCC seeks comment on what constitutes an “automatic telephone dialing system.” The Commission had interpreted the term “capacity” to include a device “even if, for example, it requires the addition of software to actually perform the functions described in the definition” —“an expansive interpretation of ‘capacity’ having the apparent effect of embracing any and all smartphones.” The court set aside this interpretation, finding the agency’s “capacious understanding of a device’s ‘capacity’ lies considerably beyond the agency’s zone of delegated authority.”

Second, the FCC seeks comment on how to treat calls to reassigned wireless numbers under the TCPA. The statute carves out calls “made with the prior express consent of the called party” from its prohibitions. The court vacated as arbitrary and capricious the Commission’s interpretation of the term “called party,” including a one-call safe harbor for callers to detect reassignments, and noted that the Commission “consistently adopted a ‘reasonable reliance’ approach when interpreting the TCPA’s approval of calls based on ‘prior express consent.’”

Third, the FCC seeks comment on how a called party may revoke prior express consent to receive robocalls. The court found that “a party may revoke her consent through any reasonable means clearly expressing a desire to receive no further messages from the caller.”

Fourth, in light of the court’s decision on several key TCPA issues, the FCC seeks renewed comment on three pending petitions for reconsideration. In the first, National Consumer Law Center asks the Commission to reconsider its interpretation of “person” and clarify that federal government contractors, regardless of their status as common-law agents, are “persons” under the TCPA. In the second, Professional Services Council asks the Commission to reconsider its reliance on common-law agency principles and clarify that contractors acting on behalf of the federal government are not “persons” under the TCPA. In the third, Great Lakes asks the Commission to reconsider the applicability of the TCPA’s limits on calls to reassigned wireless numbers.

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

Law & Regulation

Senate Votes to Reverse Net Neutrality Repeal

On May 16, the U.S. Senate voted to reverse the FCC’s Restoring Internet Freedom Order in which the agency reclassified broadband as a Title I information service and repealed the former administration’s Net Neutrality rules. Specifically, the Senate approved a Congressional Review Act (CRA) resolution that would simply undo the Order, much the same way the CRA was used to undo the FCC’s Broadband Privacy Order of 2016. The final vote was 52-47, with every Democrat supporting the legislation and only three Republicans: Susan Collins (R-ME), Lisa Murkowski (R-AK) and John Kennedy (R-LA), voting in favor of the bill.

The resolution will have to be approved by the House and signed by President Trump before becoming effective. In the House of Representatives, where Republicans hold a 236-193 majority, 25 Republicans will have to vote in favor, along with all of the Democrats – an unlikely outcome, by all accounts.

“Today is a monumental day,” said Sen. Edward Markey, D-Mass., during debate over the resolution. “Today we show the American people who sides with them, and who sides with the powerful special interests and corporate donors who are thriving under this administration.”

FCC Chairman Ajit Pai said, “It’s disappointing that Senate Democrats forced this resolution through by a narrow margin. But ultimately, I'm confident that their effort to reinstate heavy-handed government regulation of the Internet will fail.”

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

FCC Issues $120 Million Fine for Spoofed Robocalls

n May 10, the FCC fined Adrian Abramovich $120 million for malicious spoofing that was part of his massive robocalling operation aimed at selling timeshares and other travel packages. The caller ID spoofing operation made almost 100 million spoofed robocalls over three months.

Specifically, Mr. Abramovich, of Miami, Florida, or companies he controlled, spoofed 96 million robocalls in order to trick unsuspecting consumers into answering and listening to his advertising messages. To increase the likelihood that consumers would answer his calls, Mr. Abramovich’s operation made calls that appeared to be local—a practice known as “neighbor spoofing.” The messages indicated that the calls came from well-known travel or hospitality companies such as Marriott, Expedia, Hilton, and TripAdvisor, and prompted consumers to “Press 1” to hear about “exclusive” vacation deals. Those who did were transferred to foreign call centers where live operators attempted to sell vacation packages—often involving timeshares—at destinations unrelated to the named travel or hospitality companies.

The Commission received numerous consumer complaints about these calls. In addition, the Commission heard from companies such as TripAdvisor, which received complaints from consumers who believed the robocalls had come from the company. Medical paging provider Spōk also complained after its network was disrupted by these calls, thus interfering with hospital and physician communications. Both companies actively helped the investigation.

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

Senate Introduces 180 Day Shot Clock for FCC Merger Review

On May 15, Sens. Mike Lee (R-UT), Orrin Hatch (R-UT), Thom Tillis (R-NC), and Chuck Grassley (R-IA) introduced the Standard Merger and Acquisition Reviews Through Equal Rules Act, or SMARTER Act, a bill that would require the FCC to issue a decision within 180 days of receiving a completed merger application. According to a press release, the bill is designed to address the Senators’ perception that the FCC’s merger review procedures “create an open-ended process that fuels uncertainty and is potentially insulated from judicial review.” The bill also requires the FTC to go through the same procedures that the Department of Justice must go through when enforcing antitrust law.

In a statement, Commissioner Michael O’Rielly said: “I commend Senators Lee, Hatch, Tillis, and Grassley on the introduction of The SMARTER Act of 2018. Among other improvements, the bill includes two key reforms to the FCC’s merger review process that I have longed championed: setting a non-aspirational, 180-day shot clock for agency review of license transfers and addressing the abusive practice of designating an application for hearing to the Administrative Law Judge (ALJ), which effectively serves to kill a transaction.”

Commissioner Brendan Carr said: “I applaud Senator Lee for working to ensure that good government is the law of the land. With the SMARTER Act, Senator Lee would put the Federal Communications Commission on a shot clock and thus codify the agency’s commitment to open, transparent, and timely decision making.”

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Deadlines

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.

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 June 1. 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.

JULY 2: FCC FORM 481 (CARRIER ANNUAL REPORTING DATA COLLECTION FORM). All eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes outage, unfulfilled service request, and complaint data, broken out separately for voice and broadband services, information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. Form 481 must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. Although USAC treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment is desired.

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

JULY 2: MOBILITY FUND PHASE I ANNUAL REPORT. Winning bidders in Auction 901 that are authorized to receive Mobility Fund Phase I support are required to submit to the FCC an annual report each year on July 1 for the five years following authorization. Each annual report must be submitted to the Office of the Secretary of the FCC, clearly referencing WT Docket No. 10-208; the Universal Service Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. The information and certifications required to be included in the annual report are described in Section 54.1009 of the FCC’s rules.

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31 of the previous year. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31); December 30 (for lines served as of June 30, 2014), and March 31, for lines served as of September 30 of the previous year).

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

JULY 31: CARRIER IDENTIFICATION CODE (CIC) REPORTS. Carrier Identification Code (CIC) Reports must be filed by the last business day of July (this year, July 31). These reports are required of all carriers who have been assigned a CIC code by NANPA. Failure to file could result in an effort by NANPA to reclaim it, although according to the Guidelines this process is initiated with a letter from NANPA regarding the apparent non-use of the CIC code. The assignee can then respond with an explanation. (Guidelines Section 6.2). The CIC Reporting Requirement is included in the CIC Assignment Guidelines, produced by ATIS. According to section 1.4 of that document: At the direction of the NANPA, the access providers and the entities who are assigned CICs will be requested to provide access and usage information to the NANPA, on a semi-annual basis to ensure effective management of the CIC resource. (Holders of codes may respond to the request at their own election). Access provider and entity reports shall be submitted to NANPA no later than January 31 for the period ending December 31, and no later than July 31 for the period ending June 30. It is also referenced in the NANPA Technical Requirements Document, which states at 7.18.6: CIC holders shall provide a usage report to the NANPA per the industry CIC guidelines … The NAS shall be capable of accepting CIC usage reports per guideline requirements on January 31 for the period ending December 31 and no later than July 31 for the period ending June 30. These reports may also be mailed and accepted by the NANPA in paper form. Finally, according to the NANPA website, if no local exchange carrier reports access or usage for a given CIC, NANPA is obliged to reclaim it. The semi-annual utilization and access reporting mechanism is described at length in the guidelines.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Calendar At-a-Glance

May
May 18 – Comments are due on Wireless Signal Booster FNPRM.
May 23 – Reply Comments on 5G auction procedures.
May 25 – Comments are due on RoR Reform FNPRM.
May 29 – Reply Comments are 24/28 GHz auction procedures are due.
May 29 – Challenges for FairPoint additional CAF-I blocks are due.
May 31 – Comments are due on 3.7-4.2 GHz spectrum use.
May 31 – FCC Form 395 (Annual Employment Report) is due.

June
Jun. 1 – Comments are due on USF Equipment Spending Safeguards.
Jun. 2 – E911 horizontal location accuracy benchmark certification due to be filed.
Jun. 4 - Three-year E911 location accuracy benchmark certification due.
Jun. 4 – Comments are due on Rural Call Completion FNPRM.
Jun. 5 – Comments are due on Status of Gov’t Relocation from AWS Bands.
Jun. 5 – Deadline for CAF Phase II Auction corrections.
Jun. 7 – Comments are due on Robocall Database FNPRM.
Jun. 7 – Comments or oppositions due on USTelecom Petition for Forbearance.
Jun. 15 – Reply Comments are due on 3.7-4.2 GHz spectrum use.
Jun. 18 – 15-Day Tariff Filings are due.
Jun. 18 – Reply comments are due on Wireless Signal Booster FNPRM.
Jun. 19 – Reply comments are due on Rural Call Completion FNPRM.
Jun. 21 – Deadline to elect revised model-based support.
Jun. 22 – Replies are due on USTelecom Petition for Forbearance.
Jun. 25 – Reply comments are due on RoR Reform FNPRM.
Jun. 25 – Petitions to suspend 15-Day Tariff Filings are due.
Jun. 26 – 7-Day Tariff fillings are due.
Jun. 27 – Petitions to suspend 7-Day Tariff Filings are due.
Jun. 28 – Replies to Petitions to suspend 15-Day Tariff Filings are due.
Jun. 29 – Replies to Petitions to suspend 7-Day Tariff Filings are due.

July
Jul. 2 – FCC Form 481 (Carrier Annual Reporting Data Collection Form) is due.
Jul. 2 – FCC Form 690 (Mobility Fund Phase I Auction Winner Annual Report) is due.
Jul. 2 – Reply Comments are due on USF Equipment Spending Safeguards.
Jul. 3 – 15-Day and 7-Day Tariff Filings effective.
Jul. 5 – Reply comments are due on Status of Gov’t Relocation from AWS Bands.
Jul. 6 – Comments are due on Expansion of 4.9GHz Band Use NPRM.
Jul. 9 – Reply comments are due on Robocall Database FNPRM.
Jul. 31 – FCC Form 507 (Universal Service Quarterly Line Count Update) is due.
Jul. 31 – Carrier Identification Code (CIC) Report is due.

August
Aug. 6 – Reply comments are due on Expansion of 4.9GHz Band Use NPRM.

Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

05/11/2018 [UPDATED 2018-05-16 @ 2213 UTC]
The ARRL Letter for May 17, 2018

ARRL has praised the work of US Representatives Joe Courtney (D-CT[2]), Vicky Hartzler (R-MO[4]), and Mike Rogers (R-AL[3]) for their successful efforts in securing language in the FY 2019 National Defense Authorization Act (NDAA) that asks the FCC to grant radio amateurs living in restricted communities the right to install effective outdoor antennas. Text from the proposed Amateur Radio Parity Act (HR 555) formed the basis for the Courtney-Hartzler-Rogers Amendment to the NDAA.

“The bill does entitle each and every Amateur Radio operator living in a deed restricted community to erect an effective outdoor antenna. Full stop. That is the principal benefit of this legislation,” ARRL General Counsel Chris Imlay, W3KD, stressed. “There are tens of thousands of ham radio licensees who now, absent the legislation, cannot erect any outdoor antenna at all. This enables them in the same way PRB-1 has enabled hams to address unreasonably restrictive zoning ordinances during the past 33 years.” Imlay points out, though, that certain conditions apply. Prior to erecting an antenna in a deed-restricted community, an applicant for an outdoor antenna may have to apply to the homeowners association (HOA) for prior approval of the particular antenna system proposed by the ham. The Act would not empower an HOA to deny approval of all outdoor antennas. But neither does it entitle radio Amateurs residing in deed-restricted subdivisions to erect whatever antennas they want.

“This legislation is a good solid balance that favors hams and, as I say, allows tens of thousands of hams to erect effective antennas that they have no right to erect now,” Imlay said.

The amendment, offered by the bipartisan trio and accepted by the House Armed Services Committee by voice vote, will ensure that Amateur Radio operators will continue to play a vital role in supporting communications in a disaster or emergency. Amateur Radio has long-standing relationships with the Department of Defense through the Military Auxiliary Radio Service (MARS) and spectrum sharing.

The Armed Services Committee passed the NDAA by a 60-to-1 voice vote after a 14-hour markup that ran well into the night. The bill now awaits House floor action. The Senate will begin its markup of the NDAA during the week of May 21.

Representatives Courtney and Adam Kinzinger (R-IL/16) spearheaded the effort to include the Parity Act language in the NDAA. Both are cosponsors of the Parity Act, which has passed the House by voice vote twice in the past 2 years.

Recognizing the long-standing relationship between Amateur Radio and the Department of Defense, Congressman Kinzinger — who served multiple tours for the USAF as a fighter pilot and is still a Major in the Air National Guard, and Courtney have been champions of the legislation in Congress.

“The steadfast support of the Amateur Radio community continually demonstrated by Congressmen Kinzinger and Courtney has been a godsend,” said Hudson Director Mike Lisenco, N2YBB. “The Parity Act wouldn’t be anywhere close to this stage without their strong support, and our organization is extremely grateful.”

Lisenco, who serves as Chairman of the ARRL Board’s Legislative Advocacy Committee, also recognized other promoters of Amateur Radio, including House Energy and Commerce Committee Chairman Greg Walden, W7EQI (R-OR/2), Energy and Commerce Ranking Member Frank Pallone (D-NJ/6), and House Armed Services Committee Chairman Mac Thornberry (R-TX/13). “We are deeply grateful for their continued understanding and support,” Lisenco said.

ARRL has pledged to continue pressing for support to enact the Amateur Radio Parity Act throughout the legislative process.

I am Proud to be Bilingual

“The Spanish language in the United States has forty-five million Hispanic and Latino Americans [who] speak Spanish as their first, second, or heritage language, and there are six million Spanish language students in the United States making it the second most spoken language of the United States. With over 50 million native speakers and second-language speakers, the United States now has the second largest Spanish-speaking population in the world after Mexico, although it is not an official language of the country. Spanish is the most studied foreign language in United States schools and is spoken as a native tongue by 41 million people, plus an additional 11 million fluent second-language speakers. About half of all American Spanish speakers also assessed themselves as speaking English 'very well' in the 2000 U.S. Census.” [source]

Brad's comments: I am the twelfth generation of my family living in North America. The first one of my family immigrated to America in 1639 aboard the ship “De Brant van Troyen” or “The Fire of Troy” from an area of Denmark that became part of Germany after WWII. The ship sailed from Hoorn, Netherlands sometime after April 1639, and arrived in New Amsterdam before June 16, 1639. He paid for his passage by working for a Mr. Jonas Bronck, clearing farm land which is now the Bronx in New York City. [source]

I learned to speak, read, and write Spanish as an adult and spent a large part of my life living and working in Latin America. I am proud to be bilingual and I am ashamed of my ignorant countrymen who are xenophobic.

“Black Water”