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Welcome Back To The Wireless Messaging News Heard any good lawyer jokes lately?
OK, that's enough. Please read the article about 5G in InsideTowers to see why I am down on lawyers today. I don't think any of my lawyer friends will take offense at these jokes. Most of them have a good sense of humor. The first-one of the jokes above was told to me by a lawyer. One of my best friends — going back for over 40 years — is Barry Kanne. He contributes frequently to this newsletter. (Thank you Barry.) Barry is not a lawyer — however, he doesn't like most of my jokes. It's because he is jealous that I am better looking. |
NO POLITICS HERE 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. We are having a cold spell in Southern, Illinois 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. TIME TO HUDDLE UP 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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Passive Audio Amps For Smart Phones Small Brass Horn — Wood Base This is an acoustic amplifier for a smartphone. It doesn't need electric power to operate and there are no moving parts. I works like a megaphone (speaking-trumpet, bullhorn, blowhorn, or loudhailer). Everyone that I have shown it to has said something like “Wow, I want one of those!” So I am building a few of them. Of course there are more “Hi-Fi” ways to listen to audio on your smartphone but who would want to plug an elegant smartphone into some cheap, plastic gadget? Or even use Wi-Fi or Bluetooth, which are a pain in the neck to set up, even on a smartphone. These will be made with hardwood bases and some of them will be exotic hardwoods with interesting grain patterns. The horns are polished brass — made from mostly old horns that had rubber bulbs on the ends and were used in “times gone by” by taxis and even clowns in circuses. These horns have been re-purposed, reshaped, and re-polished. Of course when not listening to music or other interesting audio, you can appreciate it for its beauty, it looks just plain cool. This is a work of art. Sorry to say that I didn't design this myself. It was designed by Daniel Jansson in Sweden. He is a graduate of Umeå Institute of Design with an MFA degree in Interactive Design. |
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Who Still Uses Pagers?Though they’ve long since been replaced by cell phones, beepers have more uses today than you might realize. BY JESSIE SCHIEWE
When pagers were introduced in 1950, they were large and bulky, weighing almost half a pound. Over time, they shrank, in both price and size, and became more commonplace. What was once a status symbol within the medical profession became a necessary life hack for everyone, and by 1994, there were more than 61 million pagers being used worldwide. But ever since the advent of cell phones in the late 20th century — and now, with smartphones and texting apps — pager use has been on a steady decline. There are currently around 5 million pagers in service worldwide, and with each passing year, we see and more beeper users converting to cell phones. But pagers also have strengths that newer technology lacks. They’re less expensive than cell phones, and easier to revive when they die — you just pop in new batteries. Another advantage is that they send messages with VHF (very high frequency) radio signals, giving them better coverage in places with poor reception, such as large indoor complexes, basements, closed studios, and remote areas.
And while most pagers offer only one-way communication, that, too, has its advantages. Compared to smartphones, beepers offer virtually no distractions to the user. They’re a simple, fast, and efficient means of disseminating information, enabling users to cut straight to the point instead of partaking in time-consuming back-and-forth messaging. Their unique qualities are largely why people still use pagers today. According to Jack Uniglicht, the sales manager for PagersDirect.net, everyday people may no longer have use for them, but a number of industries and professions still do. “If you need to be convinced why you need a pager, you don’t need a pager,” Uniglicht told OK Whatever. “Anyone who uses them has a specific intent and purpose.” He knows of many businesses that have synced their beepers to their alarm systems or kept some around as back-up communication devices during emergencies. Government contractors still use pagers because you oftentimes can’t enter a secure building with a cell phone, and the same can be said for those who work in prisons. Dedicated bird watchers use pagers to quickly share information with each other about sightings. People who work in remote outdoor locations, such as landscapers and field scientist, will often carry pagers because they’re more reliable than cell phones, which can lack service. “People don’t realize that sometimes a text message is sent and it doesn’t come through for hours or maybe the next day,” Uniglicht explained. “But paged messages come through immediately — the minute you hit ‘Send,’ it’s going off.”
Older car washes, built in the ‘90s and early 2000s, utilize pagers, too. If a piece of machinery malfunctions, the tiny device will send out an alert about the structural issue. Pagers can even save businesses from losing money. “If there’s a large manufacturer and they’re making 1,000 widgets a minute on a conveyor system and something malfunctions, they can be out thousands of dollars for every minute that system is down,” Uniglicht said. “So they need to be alerted immediately, which is one of the benefits of a pager.” They’re also good options for kids. In this day and age, parents want to stay connected with their children, but sometimes smartphones — with their high price tags, numerous distractions, and stranger-danger potential — aren’t the best option. “If you have a 10-year-old and he’s out with his friends, you’re not going to buy him an iPhone for $800 dollars and pay $70 bucks a month for an unlimited plan,” Uniglicht added. “But if you gave him a pager it’s a whole different story. There are all kinds of unique situations where pagers make sense when a phone wouldn’t.” Amongst all beeper users, there is one industry in particular helping to keep the messaging device relevant: healthcare. Pagers were originally created as a communication tool for doctors in busy hospitals, and today it is still largely doctors — as well as ambulance crews, emergency responders, and nurses — who use them. In fact, as of 2016, an estimated 90 percent of hospitals still used pagers, according to a joint study by HIMSS Analytics and TigerText. When Mark Sundahl started his psychiatry residency at Kansas University Medical Center a few years ago, he received a pager with his new role. As a millennial who grew up in the ‘90s and early 2000s, he was more used to using a cell phone and had little experience with the archaic device. “It was actually kind of annoying because there’s only four total buttons on it and you have to do fairly complicated things with it, like change the text settings or change the vibration,” Sundahl said. “But I figured it out eventually.”
Though he never imagined using one for his job — in fact, he can’t even recall seeing a pager in real life before receiving one for his work — Sundahl has learned to appreciate the quirky contraption and its many strengths. For one, it helps save lives. “If you start dying in the hospital, it’s through the pager that you are saved,” he said. Pagers also helps preserve a certain level of etiquette on-the-job. Unlike text messages, pages don’t necessarily require responses back. But as more and more hospitals switch to using paging apps on cell phones instead of real pagers, Sundahl worries the change could create awkwardness between doctors and their patients. “It just looks more rude to use your phone,” he explained. Answering a medical page on one’s cell phone can, to an outsider, look like you’re sending a personal text message even if you are discussing work. “Do you have to specify every time that you’re actually answering an important page, so that people don’t think you’re rude?” Sundahl wondered. “It gets complicated.” And even though most people under the age of 20 might be baffled by the tiny devices doctors clip onto their belts, Sundahl has a different take on them. “I think you look pretty formal messing with a pager. People are more likely to think, ‘Oh, he’s doing official business.’ ”
Change in any industry is inevitable — even in healthcare which is notoriously slow at upgrading technology. Sundahl wouldn’t be surprised if hospitals ended up phasing pagers out for good in the near future. But such a change, he thinks, probably won’t happen for at least a few more years. “There are so many old-school people — doctors and otherwise — in the medical field that still use pagers. Some of them miss the days when paper charts were used instead of the current electronic medical record (EMR) system. So, as long as paging works best for them, they’ll probably continue keeping them around.” As for Sundahl, he doesn’t mind using his pager for a little while longer. He’s even gotten used to the device’s ear-piercing sounds. “It’s really loud,” he said, “much louder than a phone alarm.” But he’s grateful for it, too. At least with a pager, he knows he’ll never sleep through an important message. |
| Source: | OK WHATEVER |
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.
Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 Back To Paging Still The Most Reliable Protocol For Wireless Messaging!
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GLENAYRE INFRASTRUCTUREI 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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Critical Messaging that works
Secure . . . Dependable . . . and Encrypted |
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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
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
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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.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
Wireless Network Planners
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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:
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
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New Broadband Deployment Report Sparks Dissent at FCC
The FCC says its latest broadband deployment report shows the digital divide continues to narrow, a goal it’s been working on for two years. Commissioners within the agency are divided on that conclusion. According to the Commission’s 2019 Broadband Deployment Report, the number of Americans lacking access to a terrestrial fixed broadband connection meeting the FCC’s benchmark of at least 25 Mbps/3 Mbps has dropped from 26.1 million Americans at the end of 2016, to 21.3 million Americans at the end of 2017. That’s a decrease of more than 18 percent. The majority of those gaining access to such connections, approximately 4.3 million, are in rural America. Higher-speed services are being deployed at a rapid rate as well: The number of Americans with access to at least 250 Mbps/25 Mbps broadband grew in 2017, by more than 36%, to 191.5 million. Broadband providers large and small deployed fiber networks to 5.9 million new homes in 2018, the largest number ever recorded, according to the agency. Capital expenditures by broadband providers increased in 2017, reversing the declines of both 2015 and 2016. FCC Commissioner Michael O’Rielly and Brendan Carr supported the outcome. However O’Rielly remains “dismayed” by the report’s “reliance on purported ‘insufficient evidence’ as a basis for maintaining — for yet another year in a row — an outdated siloed approach to evaluating fixed and mobile broadband, rather than examining both markets as one.” Carr agrees with the report’s conclusion that advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. “The data show that it is,” he stated. But not everyone agrees the outlook is rosy and that broadband is being deployed on a reasonable and timely basis. The Democrats at the agency — Commissioner Jessica Rosenworcel and Geoffrey Starks — dissented from the conclusions. Rosenworcel tweeted the report concludes the agency’s broadband job is done. “This will come as news to millions and millions of Americans who are stuck on the wrong side of the #digitaldivide. This report deserves a failing grade. I dissent.” Starks said the report reached the “wrong” conclusion. “With over 21 million Americans without access to quality, affordable broadband, we are about eight-and-a-half steps behind and we must get back to work. The report masks the urgent need for continued and renewed action to address inequities in Internet access in rural, tribal, and urban areas of the country.” “As of now, I don’t believe that we know what the state of broadband deployment is in the U.S. with sufficient accuracy,” said Starks. He urged the agency to update its data collection policies.
London Officials Say 5G Will Be Stalled Two Years Over Local Disputes
With over 15 thousand new small cell sites projected by 2025, in London, government officials instituted new building codes to speed the buildout. Due to ambiguous wording in the legislation on access to "street furniture," the plan may throw a roadblock into 5G development for the city, according to the Guardian. Theo Blackwell, London’s chief digital officer said the code’s lack of guidance resulted in expensive and lengthy litigation by mobile network operators clamoring for public access to streetlights and right-of-ways around London. “The government have in fact delayed deployments by two years, whilst the new code is being tested in the courts,” Blackwell said. Many disputes, reported the Guardian, centered on how much rent can be charged to mobile operators for mounting 5G transmitters on lampposts and other tall structures. Alicia Foo, a lawyer at Pinsent Masons, a firm representing carriers, said: “Our court system takes a long time so a two-year delay is not inconceivable. Everyone thought the new code was going to be this brave new world of faster connectivity, but on the question of money it has become very polarized between landowners and operators. I wonder whether the government was taken aback by the sheer number of operators who just want to have a go.” Dates for hearings in new disputes are not available until next year at the earliest. In Westminster, the city council’s arrangement for 5G services with Ontix is being challenged by major operator British Telecom (BT) on the basis that it would “prevent competition on individual lampposts.” He said the dispute threatened to be a “recurring theme” for other councils, and claimed the challenge stalled the rollout of 5G in Westminster. A city official said five other London boroughs had been threatened with litigation by BT for alleged similar abuses of the code and it was “disingenuous” for operators to demand open access in lucrative areas while ignoring incentives to provide any coverage in rural areas. “Never mind 4G, there are areas of our county that don’t get 3G or in some cases 2G,” he said, “and in some patches there’s no signal at all. It’s the rural areas where we have to step in and give the market a shake-up.” A BT spokesperson responded with: “We’re working with local, regional and national governments to roll out even better connectivity to the areas that need it most as quickly and efficiently as possible. Ensuring that street furniture can be used to host digital infrastructure will become increasingly important to deliver the services customers will expect. So, working closely with councils, we’re keen to remove existing barriers to access, reflecting the approach set out in the new electronic communications code.” BT told the Guardian, the company handed back nine exclusivity deals it previously had with other councils to demonstrate its commitment to open access. “We would be only too happy to offer mobile network operators whatever they wish in order to improve the connectivity of our residents, but there’s been a barren response,” he said. “We must give our residents equal opportunities and would like to see mobile operators to do the same,” the company spokesperson said. |
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| Source: | Inside Towers newsletter | Courtesy of the editor of Inside Towers. It is daily by subscription. Check it out. |
| 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.
FCC Form 481 Due July 1In approximately one month, 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 indicates that it treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and/or tribal authority if confidential treatment is desired. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer. HeadlinesAuction 102 for 24 GHz Band Licenses Closes; Auction 103 to Begin December 10On May 28, the FCC issued a Press Release announcing that its 24 GHz band auction (Auction 102) closed, with $2,024,268,941 in gross bids raised and 2,904 of 2,909 licenses won. The FCC stated that it will shortly release a public notice providing detailed auction results and notifying Auction 102 winning bidders of deadlines for payments and the filing of long-form applications, as well as other post-auction procedures needed for the prompt issuance of licenses. The Press Release also noted that Auction 103, which includes the upper 37 GHz, 39 GHz, and 47 GHz bands, is scheduled to begin December 10. Together, the so-called “Spectrum Frontiers” auctions of the 24 GHz (Auction 102) and 28 GHz (Auction 101) bands raised more than $2.7 billion in gross bids. Combined, 55 applicants were qualified to bid, and the winning bidders won 5,869 licenses. “American leadership in 5G means deploying more airwaves for the next generation of wireless connectivity,” said Chairman Pai. “The successful conclusion of our nation’s first two high-band flexible, mobile-use spectrum auctions is a critical step. By making more spectrum available, we’ll ensure that American consumers reap the substantial benefits that 5G innovation will bring and we’ll extend U.S. leadership in 5G.” BloostonLaw Contacts: Cary Mitchell and John Prendergast. FCC Grants Waiver of E911 Location Accuracy Requirements to 10 Rural CarriersThe FCC has granted the requests of 10 rural carriers (including several filed by BloostonLaw) for waiver of the FCC’s E911 accuracy standards and reporting requirements. In particular, Rule Section 20.18(i) specifies the horizontal location and vertical location accuracy requirements for determining dispatchable locations of the caller for both nationwide and non-nationwide carriers, as well as the relevant reporting requirements. The rural carriers requested a waiver of this requirement, since the Public Safety Answering Points (PSAPs or 911 dispatch centers) are either not capable of receiving and using Phase II E911 location data or have not requested that these carriers provide Phase II E911 service. Upon request, all of the rural carrier stated that they would provide the location data required by Rule Section 20.18(i), but until the request is made, they requested a waiver of the rule’s indoor location accuracy benchmarks and reporting requirements to avoid a waste a scarce resources with no public benefit. In granting the waiver requests, the FCC found that the underlying purpose of Rule Section 20.18(i) would not be met by requiring the rural carriers to supply enhanced 911 data to a PSAP that was incapable of receiving and processing the information. The petitioners will, however, be required to provide the location information required by Rule Section 20.18(i) within 6 months of receiving a request from a PSAP and to notify the FCC of the request within 30 days of receipt. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino FCC Begins Accepting ATSC 3.0 License ApplicationsOn May 23, the FCC issued a Public Notice announcing that it would being accepting applications for Next Generation Television (Next Gen TV or ATSC 3.0) licenses through its Licensing and Management System (LMS) beginning on May 28, 2019. The FCC has adopted a one-step streamlined licensing approach that differs from the FCC’s traditional broadcast licensing process. Under this streamlined licensing approach, a broadcaster interested in voluntarily transmitting an ATSC 3.0 signal from its authorized facility or the facility of another broadcaster is required to file only a modification of license application with the FCC. A station must file and receive FCC approval, prior to: (1) moving its ATSC 1.0 simulcast signal to a temporary ATSC 1.0 simulcast host station, moving its ATSC 1.0 simulcast signal to a different host station, or discontinuing an ATSC 1.0 simulcast signal; (2) commencing the airing of a ATSC 3.0 signal on a host station that has already converted to 3.0 service, moving its 3.0 signal to a different ATSC 3.0 host station, or discontinuing an ATSC 3.0 guest signal on an ATSC 3.0 host station; or (3) converting a station that has transitioned its facility to broadcast in ATSC 3.0 back to ATSC 1.0 service. A station may commence ATSC 1.0 simulcast or ATSC 3.0 operations only after grant of the necessary applications and consistent with any other restrictions placed on the station by the FCC. Stations are not permitted to commence ATSC 3.0 service (including ATSC 3.0 guest service) or ATSC 1.0 simulcast service pursuant to automatic program test authority. The FCC is still modifying LMS in order to accept for filing Next Gen TV license applications for channel sharing stations, and anticipates those modifications will be complete by the end of Third Quarter of 2019. In the meantime, the Bureau will use a temporary process by which channel sharing stations may file for authority either to convert their existing facility to ATSC 3.0 (and air an ATSC 1.0 simulcast signal) or air an ATSC 3.0 guest signal by filing for special temporary authority (STA) using a Legal STA. BloostonLaw Contact: Gerry Duffy. Comments on 833 Toll-Free Number Auction Procedures Due June 3On May 28, the FCC published in the Federal Register its 833 Auction Comment Public Notice, thereby establishing a comment deadline of June 3 and a reply comment deadline of June 10. In the Public Notice, originally released on May 10, the FCC seeks comment on specific proposed application requirements and procedures for parties interested in bidding in the auction. According to a Press Release, the proposals are similar to many of the requirements that apply in FCC spectrum and universal service support auctions. After reviewing the public comments received, the FCC will announce final auction procedures, including the application and bidding dates. It is important to note that the FCC has stated that the 833 auction will serve as an experiment in using competitive bidding to assign toll free numbers, and that it will use the lessons from this first-of-its-kind auction to determine how best to distribute toll free numbers in the future. Accordingly, any carrier with interest in toll-free numbering, even if not 833, should consider participating in the comment cycle. BloostonLaw Contacts: Ben Dickens and John Prendergast. Law & RegulationCongressmen Mullin, Peterson Introduce Rural Broadband BillOn May 22, Congressmen Markwayne Mullin (R-OK) and Collin Peterson (D-MN) introduced the Rural Broadband Network Advancement (RBNA) Act, which would invest in expanding broadband access in rural areas. The RBNA Act establishes a new program at the FCC that would collect Network User Fees from edge providers (Netflix, AmazonVideo, etc.) based on the data transported over the last mile of networks. User fees would then be invested by the rural broadband providers to help build, maintain and operate robust broadband networks in high cost rural areas. All rural broadband providers would be eligible for the program if they provide broadband access in high cost rural areas to fewer than 100,000 customers within a state and provide the speeds required by the FCC. “My district is the only congressional district in the country where broadband is available to less than half the population,” Mullin said. “Rural consumers need the bandwidth necessary to deliver educational opportunities for children and adults, telemedicine care for patients, news and entertainment content to consumers, and more markets for businesses’ goods and services. This legislation will ensure high cost, rural areas are not stranded and rural Americans are not left behind in the Internet economy.” “Access to rural broadband is no longer a luxury, it’s important for ensuring folks can compete and connect on a global scale,” said Peterson. “I’ve been fighting for years to ensure rural America has the same kind of access as those living in our urban areas.” BloostonLaw Contacts: Ben Dickens and Sal Taillefer. TRACED Act Passes SenateOn May 23, the Senate voted to approve the TRACED Act, a bipartisan proposal by Sens. John Thune (R-SD) and Ed Markey (D-MA) that, if passed into law, would take a number of discreet steps toward combating robocalls. Specifically, the TRACED Act would:
Regarding Senate passage of the bill, FCC Chairman Ajit Pai said, “I commend the U.S. Senate for passing the TRACED Act and Senators Thune and Markey for leading this bipartisan effort. The TRACED Act would help strengthen the FCC’s ability to combat illegal robocalls, and we would welcome these additional tools to fight this scourge. Further powers like increased fines, longer statutes of limitations, and removing citation requirements which obligate us to warn some robocallers before penalizing them, will significantly improve our already strong robocall enforcement efforts.” Commissioner Carr said, “Americans are fed up with robocalls. They are tired of scam artists and fraudsters placing illegal calls to their phones at all hours of the day and night. So I want to commend Senator Thune and Senator Markey for their bipartisan leadership. Their TRACED Act provides the FCC with additional authorities and tools so that we can continue our crack down on these annoying calls. I look forward to continuing to work with members of Congress and my colleagues as we combat unlawful robocalls.” BloostonLaw Contacts: Ben Dickens and Sal Taillefer. IndustryFCC Reports Gains in Broadband DeploymentOn May 29, the FCC issued a Press Release summarizing the result of its 2019 Broadband Deployment Report. According to the Press Release, the report indicates that:
Based on this and other evidence, the report finds for a second consecutive year that advanced telecommunications capability is being deployed on a reasonable and timely basis. However, the FCC remains committed to ensuring that all Americans, including those in rural areas, Tribal lands, and disasteraffected areas, have the benefits of a high-speed broadband connection. A copy of the full report can be found here. DeadlinesMAY 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 Contact: Richard Rubino. JULY 1: 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 1: 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, 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, 2018. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2019); December 30 (for lines served as of June 30, 2019), and March 31, 2020, for lines served as of September 30, 2019). 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-GlanceMay June July
FCC Seeks Comment on Proposed Modifications to Equipment Authorization RulesThe FCC is seeking comment on its proposal to update its equipment authorization rules to incorporate changes to two standards that apply to the testing process: (1) ANSI C63.4a-2017 “American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, Amendment 1: Test Site Validation”; and (2) ISO/IEC 17025:2017(E) “General requirements for the competence of testing and calibration laboratories.” Comments are due June 7, 2019 and Reply Comments are due June 24, 2019. The FCC’s equipment authorization program for RF devices incorporates various standards that have been established by standards-setting bodies, such as the American National Standards Institute (ANSI), Underwriters’ Laboratories (UL), and the International Organization for Standardization and the International Electrotechnical Commission (ISO/IEC). It is not uncommon for standards-setting organizations to update their standards in order to maintain best practices in response to advancements in technologies and measurement capabilities. Because the recent changes are substantive in nature, the FCC is using its comment rulemaking process to evaluate whether these changes should be incorporated into its rules. ANSI C63.4a-2017. In 2014, the FCC incorporated ANSI C63.4-2014 into Part 15 of its rules as a referenced electromagnetic compatibility (EMC) measurement standard for unintentional radiators. In late 2017, the ANSI Accredited Standards Committee C63 (ASC C63) adopted ANSI C63.4a-2017 as an amendment to the 2014 standard. On November 11, 2018, ASC C63 requested that the FCC take the appropriate steps to reference the revised standard in the FCC’s rules. As described in ASC C63’s filing, the changes resolve certain normalized site attenuation issues (including the measurement of equipment under test that exceeds 2 meters in height) and make a variety of corrections, clarifications and modifications to parts of the standard. ISO/IEC 17025:2017(E). In ET Docket No. 13-44, the FCC updated its rules to reference ISO/IEC standards related to the accreditation of Certification Bodies and Testing Laboratories, including ISO/IEC 17025:2005(E). A new version of this standard was published in November 2017, but has not yet been incorporated into the FCC’s rules. In addition to adding a definition of “laboratory,” this version replaces certain prescriptive requirements with performance-based requirements and allows for greater flexibility in satisfying the standard’s requirements for processes, procedures, documented information and organizational responsibilities. ISO and International Laboratory Accreditation Cooperation (ILAC) recently issued a joint release reconfirming that a three-year transition period will be allowed for accredited laboratories to transition to the 2017 version of ISO/IEC 17025. While both ISO/IEC 17025:2005(E) and ISO/IEC 17025:2017(E) will be valid during this three-year transition period, the FCC has indicated that accreditations to ISO/IEC 17025:2005(E) will become invalid after November 30, 2020. BloostonLaw Contacts: John Prendergast and Richard Rubino Enforcement Actions: The FCC has been very active in taking enforcement actions over the past month, as indicated by the next several items: Constellation Club Parent, Inc. Enters into $24,975 Consent Decree for Unauthorized AcquisitionConstellation Club Parent, Inc. (Constellation) has entered into a consent decree with the FCC’s Enforcement Bureau for failing to obtain the required FCC approval prior to the transfer of 108 wireless licenses. The transaction arose out of Constellation’s acquisition of ClubCorp, which owned and/or operated more than 200 golf and country clubs, business clubs, sports clubs and alumni clubs throughout the United States and two foreign countries. At the time of the merger of ClubCorp into Constellation, ClubCorp held 107 private land mobile licenses and 1 marine coastal license in order to maintain its business operations. After the close of the transaction, the parties learned of the FCC’s regulatory requirements and filed applications (and associated rule waiver requests) in order to bring the stations back into regulatory compliance. In order to settle the matter with the FCC, Constellation admitted its wrongdoing, agreed to a voluntary payment of $24,975.00 to the US Treasury and agreed to enter into a compliance program. Office clients are reminded that it is necessary to obtain prior authorization for any transaction involving an assignment of assets or a transfer of ownership interests – whether it be between unrelated entities or “within the family” where there is not a change in ultimate beneficial ownership. Additionally, the FCC has also taken the position that any change in the form of ownership of a legal entity (e.g., conversion from corporation to limited liability company, from limited partnership to corporation, etc.) also requires prior FCC approval even though the entities are deemed to be the same entity under state law. Transactions requiring prior FCC approval include (but are not limited to):
Fortunately, transactions involving many types of licenses can often be approved on an expedited basis. But this is not always the case, especially if bidding credits and/or commercial wireless spectrum licenses are involved. Also, in some instances Section 214 authority may be required, especially in the case of wireline and other telephony services. Clients planning transactions should contact us as soon as possible to determine if FCC approval is needed. BloostonLaw contacts: John Prendergast and Richard Rubino. FCC Fines Caribbean Network Solutions $20,000 for Interference to FAA FacilitiesThe FCC has fined Caribbean Network Solutions, Inc. (Caribbean) $20,000 for causing harmful interference to the FAA’s terminal Doppler weather radar stations at San Juan, Puerto Rico. The interference was caused by Caribbean’s operation of two Unlicensed National Information Infrastructure (U-NII) devices without a license and in a manner that was inconsistent with the FCC’s Rules. The FAA’s Doppler weather radio stations are used to detect wind shear and other dangerous weather conditions near airports and other public-use and military aircraft landing areas. Interference to these stations poses a risk to the safety of life and property if aircraft cannot be alerted to adverse weather conditions (such as wind shear) that can cause aviation accidents. Part 15 of the Commission’s rules provides an exception to the licensing requirement and sets forth conditions under which U-NII devices (intentional radiators) may be operated without an individual license. Pursuant to Rule Section 15.1(b), “operation of an intentional . . . radiator that is not in accordance with the regulations in this part must be licensed. . . .” In order to ensure that U-NII devices do not cause harmful interference to the FAA’s terminal Doppler weather radar installations, the FCC requires U-NII devices operating in the 5.25 – 5.35 GHz (U-NII-2A) and 5.47 – 5.725 GHz (U-NII-2C) bands have Dynamic Frequency Selection radar detection functionality so that the devices can detect the presence of radar systems and automatically avoid operating on the same channel as nearby radar systems. An inspection of Caribbean’s facilities revealed that the U-NII devices were improperly configured and that the Dynamic Frequency Selection radar detection had not been enabled as required. Accordingly, the FCC has proposed a $20,000 fine for unlicensed operation. This case demonstrates the importance of operating Part 15 devices in accordance with manufacturer instructions and the FCC’s Rules. A failure to do so could result in harmful interference to licensed radio operations and subject to you significant fines and potential civil liability of there is a loss of life or property. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Warns Traffic Control Services LLC of Unlicensed Operation of Private Land Mobile Radio EquipmentThe FCC has warned Traffic Control Services LLC dba Flagger Force (Flagger Force) that its operation of two-way radio transmitting equipment on the frequency 464.550 MHz and multiple frequencies in the Family Radio Service (FRS) and the General Mobile Radio Service (GMRS) in Maryland, Delaware, Pennsylvania and New Jersey is illegal, since it does not hold any licenses to operate on the frequency 464.550 MHz. The FCC’s investigation revealed that Flagger Force does not hold any licenses for the frequency 464.550 MHz and is not eligible for licensing in the GMRS. Additionally, while licensing is not required for the FRS, the FCC’s rules only permit the use of transmitting equipment that is certified for use in this radio service. Again, it is important to ensure that your radio operations are consistent with the FCC’s Rules. In many instances, the FCC becomes aware of unlicensed operation or improper operation through interference complaints from other licensees. Should you receive a complaint from a nearby licensee, it is important to resolve the interference complaint promptly before it makes its way to the FCC. Likewise, you should call our office so that we can provide assistance to you in resolving the complaint. BloostonLaw Contacts: John Prendergast and Richard Rubino Westchester County NY Granted Extension to Construct 700 MHz Public Safety ChannelsWestchester County, New York has received an extension of time, until November 20, 2023 to complete construction of its proposed 700 MHz public safety system, which is covered under four call signs with initial construction deadlines of November 20, 2018 and July 29, 2019. Rule Section 90.551 requires licensees to complete construction within one year of the date of grant of the initial license authorization. However, public safety licensees are also allowed a one-time extension of the construction period for up to five years provided that certain conditions are met: (a) the applicant must justify an extended implementation period (which describes the proposed system, the amount of time necessary needed to construct and place the system in operation, and the number of base stations to be constructed each year during the extended construction period) and (b) show that (i) the proposed system will require longer than 12 months to construct and place in operation because of its purpose, size or complexity or (ii) the proposed system is part of a coordinated or integrated wide-area system that will require more than 12 months to plan, approve, fund, purchase, construct and place into operation or (iii) the applicant is required by law to follow a multi-year cycle for planning, funding, approval and purchasing of the proposed system. Here, Westchester demonstrated that it is currently operating public safety stations in the T-Band (470-512 MHz) and that it could lose access to that spectrum as a result of the Congressional mandate to auction the T-Band spectrum no later than February 22, 2021 and clear the T-Band of public safety users no later than 2 years following the close of the auction. As a result, Westchester was concerned the loss of the T-Band facilities could force it to redesign its 700 MHz public safety system to accommodate not only the originally planned law enforcement users, but also the displaced T-Band fire, EMS and transit users if pending legislation in Congress to repeal the T-Band take back, but there is no guarantee it will pass. In granting the extension request, the FCC agreed that stringent application of the FCC’s rules would effectively require Westchester to design and complete construction of a combined 700/800 MHz system to accommodate the T-Band relocation well before the disposition of Westchester’s T-Band frequencies is even determined. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Grants Quarterly Tower Inspection Exemption for Users of Vanguard and QLI Tower Monitoring SystemsThe FCC has granted Cellco Partnership’s (Verizon’s) request for exemption from the quarterly tower lighting inspection requirement of Rule Section 17.47(b) for its towers that use the Flash Technology Vanguard SC 370D Monitoring System (Vanguard System) or the QLI Monitoring System (QLI System). Rule Section 17.47(b) requires the owner of any antenna structure that is registered with the FCC and has been assigned lighting specifications to “inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly.” Rule Section 17.47(c) exempts from this requirement “any antenna structure monitored by a system that the Wireless Telecommunications Bureau has determined includes self-diagnostic features sufficient to render quarterly inspections unnecessary, upon certification of use of such system to the Bureau.” In its petitions, Verizon requested that the FCC determine that the self-diagnostic functions of the QLI and Vanguard systems are sufficiently robust to ensure that the control devices, indicators, and alarm systems on antenna structures using either of the systems are operating properly, such that quarterly inspection is unnecessary. Verizon asserts that the QLI and Vanguard systems are each designed to ensure that “critical information” on each tower is available on a “continuous basis” to Verizon’s primary and backup Network Operations Call (NOC) centers, which are “staffed 24 hours [a] day, 365 days a year.” In this regard, Verizon notes that the QLI and Vanguard systems are similar to other automatic monitoring systems that the FCC has previously found sufficient to dispense with quarterly inspections under rule Section 17.47(c), including the automatic monitoring systems used by American Tower Corporation, Global Signal, Diamond Communications, Optasite, and Mobilitie, all of which were previously granted waivers and are now exempt from quarterly inspection requirements. According to Verizon, the QLI and Vanguard systems each have “a continuous and permanent two-way link between the tower site and the [owner’s] response center; timely reporting of potential problems; continuously staffed response centers; 24-hour polling of both lighting and communications systems; on-demand interrogation capabilities; backup response centers; and essentially uninterrupted communications between the response center and the towers during power outages.” The FCC agreed, and noted that the Vanguard System is the next generation of Flash Technology’s Eagle Monitoring System that was previously found sufficient to justify eliminating the quarterly inspection requirements for tower owners in three other instances. The FCC concluded that upon certification of the use of the QLI System and the Vanguard System, Verizon (and any other tower owner using either of these two systems) would be exempt from the quarterly inspection requirements of Rule Section 17.47(b) provided that (a) the structure is monitored by either the QLI or Vanguard system under the process described in this Order, including: (i) direct communications between the QLI System or Vanguard System and the tower owner’s NOC center for all types of alarm conditions, (ii) staffing of NOC centers on a 24-7/365 basis with a backup NOC center that is capable of assuming monitoring responsibilities in the event of a catastrophic failure at the primary NOC center, including communications with the FAA in the event that a NOTAM is required for a light outage or malfunction. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Grants Waiver of E911 Location Accuracy Requirements to 10 Rural CarriersThe FCC has granted the requests of 10 rural carriers (including several filed by BloostonLaw) for waiver of the FCC’s E911 accuracy standards and reporting requirements. In particular, Rule Section 20.18(i) specifies the horizontal location and vertical location accuracy requirements for determining dispatchable locations of the caller for both nationwide and non-nationwide carriers as well as the relevant reporting requirements. The rural carriers have requested a waiver of this requirement since the Public Safety Answering Points (PSAPs or 911 dispatch centers) are either not capable of receiving and using Phase II E911 location data or have not requested that the petitioners provide Phase II E911 service. Upon request, all of the rural carrier stated that they would provide the location data required by Rule Section 20.18(i), but until the request is made request a waiver of the rule’s indoor location accuracy benchmarks and reporting requirements. In granting the waiver requests, the FCC found that the underlying purpose of Rule Section 20.18(i) would not be met by requiring the rural carriers to supply enhanced 911 data to a PSAP that was incapable of receiving and processing the information. The petitioners will, however, be required to provide the location information required by Rule Section 20.18(i) within 6 months of receiving a request from a PSAP and to notify the FCC of the request within 30 days of receipt. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Allows South Dakota’s Public Safety System to Meet Buildout Requirement by Reshaping its License AreaThe FCC has allowed the State of South Dakota to modify 21 licenses, to jettison unserved areas as a way of making sure that construction benchmarks are met. These licenses are used for South Dakota’s Interagency Communications System (SDICS), a state-wide system interoperable digital trunked public safety radio system that is used by police, fire, EMS and emergency medical facilities. The licenses allow South Dakota to use spectrum originally allocated for paging and mobile telephone service under Part 22 of the FCC’s Rules, uses that became obsolete with the advent of cellular. The FCC modified the licenses for these stations in order to allow South Dakota to retain those areas where it was operating as of the applicable construction deadlines, so that it can maintain its state-wide public safety network – which is consistent with the FCC’s “fundamental obligation to promote safety of life and property through the use of wire and radio communications.” Otherwise, the FCC would be forced to determine that South Dakota had not met the construction requirements – which would then have resulted in the automatic termination of the licenses in their entirety. It is important to note that the FCC does not routinely split up geographic area licenses in order to preserve areas where service is being provided. That said, in circumstances where the safety of life and property are implicated, the FCC may be more willing to use creative solutions in order to minimize the potential for a loss of a critical public service. BloostonLaw Contacts: John Prendergast and Richard Rubino Failure to Timely File a Petition for Reconsideration Leads to Termination of Public Safety LicenseOn December 26, 2018, the FCC released a public notice in which it proposed to terminate the Honolulu Police Department’s (HPD’s) license for station WRAH381 for failure to meet the 1 year construction requirement. Because of the partial government shutdown, any petition for reconsideration would have been due on February 8, 2019. On February 19, 2019 – 11 days after the filing deadline, HPD filed its petition for reconsideration of the termination notice. Because the petition for reconsideration was filed after the filing deadline, the FCC could not accept it. As a result, the proposed termination of the license for station WRAH381 will stand even though facilities are being operated. As a result, HPD will be required to file an application to reauthorize the facilities previously licensed under the license for station WRAH381 as well as file a request for special temporary authority if it wishes to continue station operations during the pendency of its reauthorization application. HPD may face a fine as well. This case illustrates the importance of filing construction notifications in a timely manner, and paying attention to the FCC’s public notices. The FCC’s weekly “termination pending” public notice is a last opportunity for you to save a license if the construction notification filing has been inadvertently overlooked. If you find yourself in a termination pending situation and the station has been timely constructed, you should contact our office right away so that we can assist you in the preparation and filing of the necessary petition for reconsideration. BloostonLaw Contacts: John Prendergast and Richard Rubino TRACED Act Passes SenateOn May 23, the Senate voted to approve the TRACED Act, a bipartisan proposal by Sens. John Thune (R-SD) and Ed Markey (D-MA) that, if passed into law, would take a number of discreet steps toward combating robocalls. Specifically, the TRACED Act would:
Regarding Senate passage of the bill, FCC Chairman Ajit Pai said, “I commend the U.S. Senate for passing the TRACED Act and Senators Thune and Markey for leading this bipartisan effort. The TRACED Act would help strengthen the FCC’s ability to combat illegal robocalls, and we would welcome these additional tools to fight this scourge. Further powers like increased fines, longer statutes of limitations, and removing citation requirements which obligate us to warn some robocallers before penalizing them, will significantly improve our already strong robocall enforcement efforts.” Commissioner Carr said, “Americans are fed up with robocalls. They are tired of scam artists and fraudsters placing illegal calls to their phones at all hours of the day and night. So I want to commend Senator Thune and Senator Markey for their bipartisan leadership. Their TRACED Act provides the FCC with additional authorities and tools so that we can continue our crack down on these annoying calls. I look forward to continuing to work with members of Congress and my colleagues as we combat unlawful robocalls.” BloostonLaw Contacts: Ben Dickens and Sal Taillefer
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The above is just like the old men who have stickers on the rear window of their pickup trucks.
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