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Obituary for Michael J. "Mike" Saner

Michael J. “Mike” Saner, 77, of Dawsonville passed away on Tuesday October 8, 2019 at his residence.

Make was born December 30, 1941 in Red Oak, Iowa to the late John and Marian Saner. He lived in Roswell for 20 years and moved to Dawson County since 2008 having moved from Greensboro, GA. Mr. Saner was truly and entrepreneur beginning his career in sales with Motorola and going on to start and run several successful companies. He was a veteran of the U. S. Navy and was a graduate of the University of Nebraska at Omaha and was an avid Cornhuskers fan. Mike loved golf, spending time on the lake, and spending time with his 5 grandchildren. He was also preceded in death by a brother, Gary Saner.

Surviving are his wife of 52 years, Janice Saner, Dawsonville; daughters and son in law, Lisa and Eric Eichler, Cumming, Kim Cheek, Flowery Branch; grandchildren, Evan Eichler, Ada Eichler, Lila Cheek, Bo Cheek, Mikey Cheek; sisters and brothers in law, Cheryl and Bruce Burkland, Prairie City, Iowa, Linda and Frank Mason, Omaha, Nebraska, Denise Saner, Omaha, Nebraska; brother and sister in law, Tom and Peggy Saner, Overland Park, Kansas; and a number of other relatives.

A celebration of life will be held Monday October 14, 2019 at 2 o’clock at Bearden Funeral Home Chapel. Fr. Brian Higgins will officiate.

The family will receive friends beginning at 1 o’clock Monday at the funeral home. Condolences may be expressed at www.beardenfuneralhome.com. Bearden Funeral Home, Dawsonville, GA.

To send flowers to the family of Michael J. "Mike" Saner, please visit our Heartfelt Sympathies Store.

Mike was vice president of sales at BBL Industries when I worked there.

From John Kelly:

Thanks Brad for alerting me to Mike Saner’s passing. Mike and I predate Motorola when we worked together in the radio shop at Omaha Public Power. Mike and Jan [wife] were close friends before we all went different directions in our careers.

Three young guys worked together in the Omaha Power radio shop and years later I ended up working for each of them at different times: John Kelly and then later Don Nielson at Motorola International and Mike Saner at BBL Industries. What a coincidence!

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Wireless Messaging

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.

I regularly get readers’ comments, so this newsletter has become a community forum for the Paging, and Wireless Messaging communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it.

I spend the whole week searching the Internet for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.

Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.

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macOS Catalina is less buggy than iOS 13 but has a different problem

JC Torres - Oct 10, 2019, 5:20 am CDT

This year might end up being unkind to Apple’s software if the past few days continue their trend. iOS 13, one of Apple’s most monumental releases for its mobile platform, has had three emergency releases in just a week to quickly patch up critical security bugs. macOS Catalina, an equally big release, was pushed back later than initially promised. The latest macOS update has finally rolled out and, fortunately, it isn’t as bug-ridden as iOS 13. Unfortunately, it has its own share of controversy that is leaving some users and developers out in the cold.

macOS Catalina brought many fresh things to Apple’s primary computing platform but it also laid to rest at least two things. After decades of benefiting from the brand, Apple is finally letting go of iTunes and has split it into multiple apps. What may seem to be just a branding decision, however, is having repercussions with an almost niche but very passionate group of users and developers: musicians, specifically DJs.

iTunes has meant many things to different people, which is part of the problem that Apple tried to solve with its retirement. For developers and users of DJ apps like Rekordbox and Traktor, it also provided an XML file for organizing music already in users’ iTunes library. When iTunes went away, so did that XML library format as the new Music app that replaced it implemented its own.

In other words, macOS Catalina breaks some of these DJing apps and other apps that may have relied on the old iTunes library format. Apple has not given any direct and quick method for users of these apps to simply migrate the old XML to the new Music format. That said, Apple has long given developers the tools to actually do so, even before killing off iTunes. The burden is on the apps’ developers but, until then, users of these DJ apps shouldn’t update to Catalina just yet.

32-bit Bites Back

While users of DJ apps may be a niche crowd, gaming is an even bigger market, even if Mac gaming still pales in comparison to Windows. More than the above group, gamers and users of some older apps are perhaps the biggest casualties in macOS Catalina as Apple finally makes good on a warning it made years ago. It is finally cutting off all support for running 32-bit software, both games and non-games.

The world is moving towards 64-bit computers and Apple wants everyone to experience its benefits. At the same time, it’s seeing the perfect opportunity to drop legacy code that could become security exploits down the line. Apple has already given developers fair warning and the day has finally come. Unfortunately, things are less than ideal despite all that.

Some larger developers have indeed updated their games and apps to the 64-bit world but, just like Apple, they’ve taken the opportunity to also drop support for their 32-bit wares, whether or not there are still users and players of those. Even worse is the situation with smaller developers who may not have the resources for that undertaking. Apple is moving on to a 64-bit world and it is moving on without them.

Slow Catalyst

macOS Catalina’s woes aren’t just the past or the present. There are also some issues with its forward-looking features as well. Catalyst was intended to give developers a way to bring their iOS, specifically iPad, apps to macOS but it’s turning out to be more trouble than it is worth for developers, at least for now.

Some developers have reported great difficulty in porting even their popular iPad apps to Macs using Catalyst. Performance on some older Macs was also observed to be subpar on models that can’t keep up with Apple’s newer frameworks. There is also the problem of users having to buy the app twice for an iPad app if they want to use it on the Mac.

Given the interest in a framework that would let iOS apps run on macOS, Apple may have expected that developers will jump on Catalyst like moths to the flame. That didn’t happen, at least not yet, and some big names like DC Universe and Asphalt 9 have pushed their Catalyst apps back. Netflix, on the other hand, is adamant it won’t offer its iPad app on macOS without explaining why. It may be early days but Catalyst is off to a slow and worrying start.

Wrap-up

Just like iPad OS 13, macOS Catalina lays the foundation for great things to come. Unfortunately, it is also leaving some things behind in its wake and it will only be natural if some users and developers feel abandoned and orphaned. It is also experiencing what is the equivalent of growing pains and hopefully, Apple may have some balm to soothe the pain of some rather dissatisfied macOS users.

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.
• Public Safety Emergency Services Paging systems.
• 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
prism-ipx.com

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• Seeking Parties for Live Response Applications on Smartphones
• Click here for more information

GLENAYRE INFRASTRUCTURE

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.

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

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

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

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

Experts in Paging Infrastructure

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

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

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Board of Advisors

The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.

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Japan's last pagers beep for the final time

2nd Oct 2019 | Source: BBC

Retro tech: When the pager was king

Thirty years ago, they were the must-have accessory for every sharp-elbowed business executive. But now, Japan's pagers have beeped for the final time.

The country's last pager provider, Tokyo Telemessage, closed its service on Tuesday.

Fewer than 1,500 subscribers remained, most of them health workers.

The last private subscriber was said to be Ken Fujikura, who kept his pager because it was his 80-year-old mother's preferred way of contacting him.

"Since only my mother knows the pager number, I knew [the pager notification] was from my mother," he told the Nikkan-Spa website. "With a phone, I wasn't sure it was urgent."

On Sunday, a Tokyo funeral company set up a tent near a railway station, so people could lay flowers and pay their respects to the end of the pokeberu, or pocket bell.

A photo of a pager displayed the message "1141064", Japanese pager code for "we love you."

Pagers were small devices that could either receive simple "beeps" or, later, text messages.

Each pager had a unique number — similar to a phone number — and in order to send a text to a receiver, the sender had to call a switchboard and leave a short message. This would then be converted into a text message by either a person or, more commonly, a machine.

Developed in the 1950s and 1960s, pagers grew in popularity in the 1980s. By 1996, Tokyo Telemessage had 1.2 million subscribers, with 10 million subscribers nationwide, according to the Kyodo news agency.

As well as workers, they were popular among high school students, who used numerical code to exchange messages. But soon after the peak, the mobile phone arrived, signalling the end of the era.

In the UK, the National Health Service still uses 130,000 pagers — mainly thanks to the reliable reception in hospitals — but they will be phased out by 2021.

Despite being the birth-place of tech giants such as Nintendo, Panasonic, and Sony, old technology habits can die hard in Japan.

[...]

Click on the image above for more info about advertising here.

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-fail-over 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 e-mail: sales@prism-ipx.com
prism-ipx.com

New Amateur Radio License Conditions in Effect for Australian Radio Amateurs

10/09/2019

The Australian Communications and Media Authority (ACMA) has published changes to the Amateur Radio license conditions, effective on September 21. According to the Wireless Institute of Australia (WIA), all restrictions on emission modes have been removed for all licensees, and restrictions on permitted transmission bandwidths have been lifted for all licensees on all bands allowed for each license class, with the exception of 2200 and 630 meters, which only Advanced-tier licensees may use.

The WIA says the impact of these two changes is that all licensees are permitted to use any mode, including those not yet invented, provided the transmission remains within the band being used. ACMA is retaining the three-tier licensing structure of Foundation, Standard, and Advanced. No changes were made regarding bands and power limits permitted for each license class.

All restrictions on Foundation licensees have been removed, however, and Foundation operators may now build and use their own transmitters and transceivers, use computer control and automatic modes, and explore digital modes. — Thanks to the WIA

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 e-mail: 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

Photo: Tokyo Telemessage Inc

Tech Pager services to end Tuesday in Japan after 50 years

Sep. 30 04:03 pm JST

TOKYO — The requested article has expired, and is no longer available.

[See why in the LETTERS TO THE EDITOR]

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 e-mail: sales@prism-ipx.com
prism-ipx.com

West Virginia

Employer Charged With Defrauding Insurance Company Over Fatality

S&S Tower Services President, Christopher Strausbaugh, entered pleas to felony offenses allegedly after defrauding an insurance company regarding employee work safety, reported WCHS-TV. S&S claimed to Brickstreet Mutual Insurance Co., now, Encova, that employees did not work higher than 15 feet from the ground.

However, in 2016, an employee working on a tower fell 105 feet to his death, and investigations found that work was done at heights up to 400 feet above ground level. Prosecutors said the investigation determined that S&S defrauded Brickstreet of more than $186,000 in workers’ compensation insurance premiums and the state of West Virginia more than $16,000 in insurance taxes, per WCHS-TV.

Since Tyler Comer, 19, died while working on a project for Appalachian Wireless in Morgan County, KY, (see Inside Towers 5/26/16 story) the state fined S&S $3,500 for violation of worker safety laws. West Virginia prosecutors are recommending probation for Strausbaugh plus a $1,000 fine for the corporation. Sentencing is set for December 17, and will be determined by a judge.

AT&T to Divest Its Puerto Rico, U.S. Virgin Islands Portfolio

AT&T plans to sell its wireless and wireline operations in Puerto Rico and the U.S. Virgin Islands to Liberty Latin America for $1.95 billion cash. The transaction includes network assets, including spectrum; real estate and leases; customers, including 1.1 million wireless subscribers; and contracts.

The transaction is subject to review by the FCC and the Department of Justice. The two companies expect the deal to close within six to nine months.

AT&T CFO John Stephens said the deal is the result of the carrier’s ongoing strategic review of its balance sheet and assets to identify opportunities for monetization. “But doing so only made sense if we received a fair value from a buyer that is committed to taking this well-run business, with its skilled employees and loyal customer base, and help it thrive. Liberty Latin America has a strong reputation for quality of service, and we believe they have the experience to build on the success of these operations.”

When the deal does become final, about 1,300 AT&T employees will move to Liberty Latin America. To ensure a smooth transition, AT&T will provide certain transition support functions to Liberty Latin America following the transaction’s close. Under terms of the agreement, AT&T will retain FirstNet responsibilities and relationships, as well as DIRECTV and certain global business customer relationships.

The sale does not affect AT&T’s FirstNet commitment. AT&T retains its dedicated FirstNet network core and service capabilities. Among other services, post-close, Liberty Latin America will support AT&T’s FirstNet build in Puerto Rico and the U.S. Virgin Islands, expanding LTE coverage and capacity to best meet the needs of first responders in the region. Eligible first responders subscribing to AT&T’s FirstNet services in Puerto Rico and the U.S. Virgin Islands will still have access to the FirstNet network platform, including priority and preemption.

“The combination of AT&T’s leading mobile and wired businesses with Liberty Puerto Rico’s leading high-speed broadband and TV business will create a strong and competitive integrated communications player,” said Liberty Latin America President/CEO Balan Nair. “We are focused on investing in digital infrastructure, innovation and 5G networks and on delivering a friendly customer service experience. This transaction is evidence of that, and we are confident that this new combination will be good for our customers and our employees, including those joining us from AT&T.”

FCC Okays $61.8+ Million for Rural Broadband

The FCC Thursday authorized more than $61.8 million in funding to expand broadband in 14 states over the next decade. The money stems from last year’s Connect America Fund Phase II auction.

Broadband providers will begin receiving funding later this month to connect nearly 22,000 unserved rural homes and businesses.

Specific providers in these states are on the list: Colorado, Iowa, Kansas, Louisiana, Massachusetts, Minnesota, Montana, Nebraska, Oklahoma, Tennessee, Virginia, Washington and Wyoming.

In total, the auction last year allocated $1.488 billion in support over the next 10 years to expand broadband to more than 700,000 unserved rural homes and small businesses. The agency has now authorized six funding waves.

Thursday’s action brings the total authorized funding to nearly $1.2 billion, which will expand connectivity to 409,661 homes and businesses. Additional rounds will be authorized in the coming months.

The latest funding applications include:

• Sunset Digital Communications is receiving nearly $29.6 million over 10 years to offer service to nearly 9,100 rural homes and businesses in Virginia and Tennessee at gigabit speeds.
• Three companies — Inventive Wireless, Tri County Telephone, and Union Telephone — are getting nearly $12.2 million over 10 years to offer service to 4,752 homes and businesses in Wyoming.
• LocalTel Communications will see over $6.8 million to offer service to 1,910 homes and businesses in central Washington state.
• Gallatin Wireless Internet is receiving over $4 million to offer service to 1,256 homes and businesses in Montana.

See the complete list here.

Selected portions [sometimes more — sometimes less — sometimes the whole updates] 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 Repeals NHPA/NEPA Exemption for Small Wireless Facilities at Court’s Direction

On October 8, the FCC released an Order repealing the subsection of the FCC’s rules implementing the small wireless facilities exemption, originally adopted in the Accelerating Wireless Broadband Deployment Second Report and Order of 2018. As a result, deployments of small wireless facilities are subject to review to the same extent as larger wireless facilities pursuant to the National Historic Preservation Act (NHPA) and the National Environmental Policy Act of 1969 (NEPA). The repeal and associated rule revisions will be effective 30 days after publication in the Federal Register.

The repeal comes as the result of the decision of the United States Court of Appeals for the D.C. Circuit in United Keetoowah Band of Cherokee Indians v. FCC to vacate those portions of the Second Report and Order adopting the exemption.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Headlines

FCC Announces Tentative Agenda for October Open Meeting

On October 7, the FCC issued a Press Release announcing the tentative agenda for the September Open Meeting, currently scheduled to take place on October 25:

• Enforcing Rural Broadband Quality Standards: an Order on Reconsideration making targeted modifications to the testing procedures that carriers must use to show that their networks perform at the FCC’s speed and latency standards . See the article below for more information. (WC Docket No. 10-90)
• 911 Fees: a Declaratory Ruling that clarifies section 6(f)(1) of the New and Emerging Technologies 911 Improvement Act of 2008 and ensures regulatory parity in 911 fees between VoIP services and traditional telecommunications services. (WC Docket No. 19-44)
• Broadcast Antenna Siting: a Notice of Proposed Rulemaking that seeks comment on whether the common antenna siting rules for FM and TV broadcaster applicants and licensees are necessary given the current broadcasting marketplace. (MB Docket Nos. 19-282, 17-105)
• Petition for Determination of Effective Competition: a Memorandum Opinion and Order that grants the petition of Charter and finds that Charter faces effective competition in providing cables services in franchise areas in Massachusetts and Hawaii. (MB Docket No. 18-283)
• Tariff Rules Modernization: a Report and Order that would amend its tariffing rules to better align them with the reality of easy electronic access to tariff filings. (WC Docket Nos. 18-276, 17-308)
• Expediting the Conclusion of the 800 MHz Band Reconfiguration: an Order and Sixth Further Notice of Proposed Rulemaking that would streamline rules and procedures to expedite the successful completion of the 800 MHz band reconfiguration initiative, lower program costs and administrative burdens, and continue to alleviate interference to public safety licensees. (WT Docket No. 02-55).

Please note, the links included in the descriptions of these items are to public drafts that are not final and may differ from what the FCC ultimately considers.

Open Meetings are streamed live at www.fcc.gov/live and can be followed on social media with #OpenMtgFCC.

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

FCC to Consider Speed Testing Recon; Revision to Testing Periods

On October 4, the FCC released a draft of an Order on Reconsideration that would “make targeted modifications” to the speed testing procedures adopted in the 2018 Performance Measures Order, including pushing back the implementation deadlines for speed testing procedures. The item is currently scheduled for consideration at the October 25 Open Meeting.

In the draft Reconsideration, the FCC makes the following clarifications and slight modifications to specific areas of the speed testing procedures:

• End Points for Testing. The FCC clarified that testing should be conducted from the customer side of any network equipment that is being used, and revised the definition of “FCC-designated IXP” to be “any building, facility, or location housing a public Internet gateway that has an active interface to a qualifying ASN. Such a building, facility, or location could be either within the provider’s own network or outside of it.”
• Specific Speed Test Requirements. The FCC clarified that providers do not have to begin speed tests at the beginning of each test hour. However, to ensure that there is enough data on a carriers’ speed performance, the FCC further clarified that providers must still conduct and report at least one download test and one upload speed test per testing hour at each subscriber test location, with one exception: a carrier that begins attempting speed tests within the first fifteen minutes of a testing hour, and repeatedly retries and defers the test at one-minute intervals due to consumer load meeting the adopted crosstalk thresholds (i.e., 64 Kbps for download tests or 32 Kbps for upload tests), may report that no test was successfully completed during the test hour because of crosstalk.
• Number of Test Locations. The FCC reconsidered its decision to permit testing of non-CAF-supported active subscriber locations within the same state and service tier for non-compliant carriers testing fewer than five CAF-supported subscriber locations because more are not available. Instead, these carriers would be subject to verification that more customers are not available. Additionally, the FCC agreed with comments recommending that the same sample sizes adopted for speed should also apply to latency, and that the same subscriber locations should be used for both speed and latency tests.
• Standards for Full Compliance. The FCC clarified that carriers are not required to provide speeds beyond what they are already obligated to deploy as a condition of their receipt of high-cost support. For example, a location where a carrier is obligated to provide 10/1 Mbps service is only required to test to ensure that the location provides 10/1 Mbps service, even if the customer there has ordered and is receiving 25/3 Mbps service.
• Remedies for Non-Compliance. The FCC clarified that at the conclusion of a carrier’s buildout term, any failure to meet the speed and latency requirements will be considered a failure to deploy. For example, if a carrier met 100% of its buildout requirement, but testing demonstrated only 90% of those locations met speed requirements, then the carrier would be treated as if it had only deployed 90% of its buildout requirement, thus subjecting it to support reductions. The FCC did, however, reconsider the decision allowing carriers to recover only the support withheld for non-compliance for 12 months or less; under the Reconsideration, when a non-compliant carrier comes into a higher level of compliance, USAC will return the withheld support up to an amount reflecting that higher level of compliance.

The daily test period, specific latency test requirements, quarterly testing requirements, and choices in testing methods remain unchanged by the proposed Reconsideration.

In addition, the FCC adopted a revised implementation timetable for speed testing, as well as a pre-testing period that will occur prior to the commencement of each carrier’s testing start date. Pre-testing will require carriers to conduct testing according to the FCC’s requirements using a USAC-determined random sample of subscribers, and results must be submitted to USAC within one week of the end of each quarter. However, no support reductions will be assessed during the pre-testing period, as long as carriers actually undertake the pre-testing and report their results - carriers that fail to conduct pre-testing and submit results in a timely fashion will be considered to be at Level 1 noncompliance.

The revised schedule is as follows:

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

Law & Regulation

U.S., U.K. Enter Cross-Border Data Access Agreement

On October 3, the U.S. Department of Justice announced that the United States and the United Kingdom entered into the world’s first ever CLOUD Act Agreement that will allow American and British law enforcement agencies to demand electronic data regarding serious crimes, including terrorism, child sexual abuse, and cybercrime, directly from tech companies based in the other country.

Specifically, under its terms, law enforcement with appropriate court authorization may go directly to tech companies based in the other country to access electronic data rather than going through governments. The current Mutual Legal Assistance (MLA) request process involves requests for electronic data from law enforcement and other agencies submitted and approved by central governments, can reportedly take many months.

In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data (CLOUD) Act, which authorizes the United States to enter into such bilateral agreements that lift each party’s legal barriers to the other party’s access to electronic data for certain criminal investigations. The Agreement was facilitated by the UK’s Crime (Overseas Production Orders) Act 2019, which received Royal Assent in February this year. The Agreement will enter into force following a six-month Congressional review period mandated by the CLOUD Act, and the related review by UK’s Parliament.

Attorney General William Barr said: “This agreement will enhance the ability of the United States and the United Kingdom to fight serious crime — including terrorism, transnational organized crime, and child exploitation — by allowing more efficient and effective access to data needed for quick-moving investigations. Only by addressing the problem of timely access to electronic evidence of crime committed in one country that is stored in another, can we hope to keep pace with twenty-first century threats. This agreement will make the citizens of both countries safer, while at the same time assuring robust protections for privacy and civil liberties.”

Home Secretary Priti Patel said: “Terrorists and pedophiles continue to exploit the Internet to spread their messages of hate, plan attacks on our citizens and target the most vulnerable. As Home Secretary I am determined to do everything in my power to stop them. This historic agreement will dramatically speed up investigations, allowing our law enforcement agencies to protect the public. This is just one example of the enduring security partnership we have with the United States and I look forward to continuing to work with them and global partners to tackle these heinous crimes.”

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

FCC to Establish Precision Agriculture Task Force

On October 4, the FCC published in the Federal Register notice of its intent to establish a Federal Advisory Committee, known as the ‘‘Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States’’ (the Task Force). It appears that the Task Force will play at least some role shaping future programs to direct funding to unserved agricultural land.

Specifically, the notice states that the purpose of the Task Force is to:

• Identify and measure current gaps in the availability of broadband Internet access service on agricultural land;
• develop policy recommendations to promote the rapid, expanded deployment of broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95 percent of agricultural land in the United States by 2025;
• promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture;
• recommend specific new rules or amendments to existing rules that the FCC should issue to achieve the goals and purposes of the policy recommendations described in the second bullet in this list;
• recommend specific steps that the FCC should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as may be necessary to target funding support, from future programs of the FCC dedicated to the deployment of broadband Internet access service, to unserved agricultural land in need of broadband Internet access service; and
• recommend specific steps that the FCC should consider to ensure that the expertise of the Secretary and available farm data are reflected in future programs of the FCC dedicated to the infrastructure deployment of broadband Internet access service and to direct available funding to unserved agricultural land where needed.

According to the notice, the FCC intends to establish the Task Force on or before December 19, 2019, with authorization to operate for two years.

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

FCC Enters $45,000 Settlement Over Antenna Structure Lighting Probe

On October 4, the FCC issued an Order entering into a Consent Decree to resolve its investigation into whether Arctic Slope Telephone Association Cooperative, Inc. (Arctic Slope) failed to inspect daily the lights on three of its antenna structures and failed to display the correct antenna structure registration number (ASR) at the base of one of its towers. To settle this matter, Arctic Slope admitted that it failed to inspect its tower lights and failed to display the correct antenna structure registration number, agreed to implement a compliance plan, and pay a $45,000 civil penalty.

BloostonLaw Contact: Richard Rubino.

Industry

FCC Grants 28GHz Upper Band Licenses

On October 2, the FCC issued a Public Notice granting applications for 28 GHz Upper Microwave Flexible Use Service (UMFUS) licenses won in Auction 101. According to the Public Notice, the FCC found these applications to be complete, and without petitions to deny or other requests pending that would prevent grant.

A full list of the granted applications can be found here.

The FCC also reminded licensees that they should review all FCC orders and public notices establishing rules and policies for the 28 GHz Band. Each licensee is solely responsible for complying with all FCC rules and regulations associated with these licenses.

USDA Announces $152 Million in Rural Broadband Funds Awarded

On October 7, U.S. Department of Agriculture (USDA) Deputy Under Secretary for Rural Development Donald “DJ” LaVoy today announced that USDA is investing $152 million in 20 projects to provide or improve rural broadband service in 14 states. The investments are made through the Community Connect Grant Program, the Telecommunications Infrastructure Loan Program, and the Rural Broadband Access Loan and Loan Guarantee Program.

Examples of the projects that will receive USDA funding include:

• Logan Telephone Cooperative Inc. will use a $34.4 million Telecommunications Program loan to upgrade a Fiber-to-the-Home system in Butler, Logan and Muhlenberg counties in southwestern Kentucky. The system will enable families, educators and businesses to access higher-speed broadband Internet More than 5,300 residential and business customers will benefit.
• In Morton County, N.D., USDA is partnering with BEK Communications Cooperative by providing an $844,000 Community Connect Program grant to help spark economic and educational opportunities, enhance health care and bolster public safety. BEK will deploy a 49-mile Fiber-to-the Home network. This project will bring high-speed broadband to 125 under-served households.
• In southwest Virginia, iGo Technology Inc. will use a $3 million Community Connect grant to bring enhanced broadband opportunities to 820 homes and businesses. Part of the grant will be used to provide free broadband services at The Bee Community Center, in the town of Bee in Dickenson County, for two years.

Other states with funded projects are Illinois, Indiana, Minnesota, Missouri, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas, West Virginia and Wisconsin.

Carriers with questions about USDA funding opportunities should contact the firm for more information.

Deadlines

OCTOBER 15: 911 RELIABILITY CERTIFICATION. Covered 911 Service Providers, which are defined as entities that “[p]rovide[] 911, E911, or NG911 capabilities such as call routing, automatic location information (ALI), automatic number identification (ANI), or the functional equivalent of those capabilities, directly to a public safety answering point (PSAP), statewide default answering point, or appropriate local emergency authority,” or that “[o]perate[] one or more central offices that directly serve a PSAP,” are required certify that they have taken reasonable measures to provide reliable 911 service with respect to three substantive requirements: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring by October 15. Certifications must be made through the FCC’s portal.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

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

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Calendar At-a-Glance

October
Oct. 10 – Reply comments are due on Wireless Facilities Siting Fees Petition for Declaratory Ruling.
Oct. 15 – Comments are due on Petitions for Declaratory Ruling/Clarification of Tower Siting Rules.
Oct. 15 – Comments are due on Carriage Election FNPRM.
Oct. 15 – 911 Reliability Certification.
Oct. 21 – Reply comments are due on Rural Digital Opportunity Fund.
Oct. 21 – Comments on LPFM Technical Rules are due.
Oct. 28 – Comments are due on Auction 105 Bidding Procedures.
Oct. 30 – Comments are due on Petitions for Declaratory Ruling/Clarification of Tower Siting Rules.
Oct. 30 – Comments are due on Electronic Filing Requirements for ULS.

November
Nov. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Nov. 1 – FCC Form 323 and 323-E filing window opens.
Nov. 4 – Reply comments are due in EEO Improvement NPRM.
Nov. 4 – Reply comments on LPFM Technical Rules are due.
Nov. 12 – Reply comments are due on Auction 105 Bidding Procedures.
Nov. 14 – Reply comments are due on Electronic Filing Requirements for ULS.
Nov. 30 – Enhanced Geo-Targeting and Point-of-Sale Disclosure requirements are effective for WEA.

December
Dec. 1 – FCC Form 323 and 323-E are due.

“Mambo Italiano”

Hetty and the Jazzato Band

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Fairfield, IL 62837 USA

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• ex KN9IQY, KN4BK, KM5NK, WB4JCF, ZP5TQ, WA4VXU, WA9RVL, /TI2, /9Y4, /6Y5, /KP4, HH2FJ
• Licensed FCC Amateur Radio operator since 1957
• Licensed FCC First-Class-Commercial Operator/Engineer since 1964