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Welcome Back To The Wireless Messaging NewsPittsburgh Bureau Of Fire Receives Funding To Assist The Deaf And Hearing-ImpairedSeptember 27, 2019 at 11:43 am PITTSBURGH (KDKA) — The Pittsburgh Bureau of Fire has received $1 million in federal and civic funding to assist residents that are deaf or hearing-impaired. Funding will be provided through the Federal Emergency Management Agency and is going to be used to provide smoke detectors designed to help those with hearing issues. The Pittsburgh Bureau of Fire will work with the Center for Hearing and Deaf Services in Pittsburgh in order to determine those that are in need of the devices and how to use them. “The National Institute on Deafness and Other Communication Disorders (NIDCD) states people who are deaf or have hearing impairments face unique challenges in an emergency,” said Pittsburgh Bureau of Fire Chief Darryl Jones. “Their ability to detect a fire or escape its effects can be hindered by their impairments. As a result, they are at a greater risk of death or injury due to fire. The most pressing fire safety issue for people who are deaf or hard of hearing is whether they will be alerted to danger in time to escape. These specially-designed devices are expensive to buy and install in a home — much more so than the standard smoke detectors you’d find at a hardware store. Those with hearing impairments should not be prevented from protecting themselves and their families in the event of a fire simply because it is cost-prohibitive.” The specialized equipment will vary depending on need. Some devices will work with audible smoke detectors and add visual cues. Others will be worn on an individual’s person and work as a pager through vibrations. The Bureau Of Fire Inspector Lisa Epps will be leading the training to teach individuals how to operate and install the equipment. A start date will be announced at a later time. [source] When I worked at Motorola Paging, I tried to convince them to make pagers for vision and hearing handicapped persons. I found some very small Braille readout devices that could have been included in alphanumeric pagers. We also considered an alphanumeric display (or ASCII) Chip-to-speech solution. I had the factory ship a big order of regular numeric display pagers to Israel during the Desert Storm war. They were programmed on a vibrate-group-call capcode to alert hearing impaired and deaf people that an incoming missile had been spotted on radar. This gave them enough time to run to an air-raid shelter. The only alert available before the pager solution was sirens. I also asked my systems engineering team to always include a "TDD" input card in our paging terminal quotations. TDD message inputs come from deaf folks who have a TDD keyboard device that can call into a paging system via a modem. TDD = Telecommunication Device for the Deaf |
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SPECTRUM MONITOR Public Safety Wireless Communications: A Vision and Call to ActionBy Andrew M. Seybold Following is what I believe the future holds for public-safety communications. I have no timeline in mind for what I envision because there are so many pieces that will have to come together. These include the technical pieces, which are the easiest, and then pieces that require congressional and/or FCC action to become viable. It is said you can do anything if you have the funding. However, the public-safety community is struggling as cities, counties, states and federal agencies find other ways to spend their money — our money.
I see multiple systems working together to provide seamless communications from the professionals reporting incidents to those dispatched to respond to the incidents. This network of integrated networks is all IP based, so voice, data and video flows freely from one pipe to another, and capacity and voice follow the optimal path to reach first responders. In this system, next-generation 9-1-1 (NG 9-1-1) is the input for information needed to send appropriate resources to where they are needed. In the field, the First Responder Network Authority (FirstNet) is the data, video and voice interoperability pipe, and LMR co-exists with FirstNet into the distant future. LMR will have converted transport and control of its sites to an all-IP based network of networks, and public-safety agencies are using TV datacasting. TV datacasting operates over public broadcast TV stations that cover 97 percent of the U.S. population, and it can be used locally, regionally and nationally as needed. When a single chip is added to today's smartphones and tablets, TV datacasting will be available in the field and at the emergency operations center. Floor plans, live action, unmanned aerial system (UAS) and helicopter footage, and more will be broadcast without impacting terrestrial networks. If all these various type of communications are put together in a synergistic, IP-based system and field personnel carry devices that help them navigate to the specific network they need when they need it, public-safety communications will remain what it is today- a tool for public safety. Law enforcement, fire personnel, EMS, and other first and even secondary responders can perform their tasks without having to think about which communications method is being used. The networks in concert will deliver the content to the appropriate people at the right time. If you share this vision, then the next questions are, ''How do we get there, in what timeframe, at what cost., and how do we get started?" There are models that have worked in the past., and of course, we must be open to new models going forward. The important thing is for the public-safety community to once again come together as it did before FirstNet, present a plan that includes ongoing operational funds, win the support of Congress and the FCC, and then execute that plan in an orderly and efficient manner. Ongoing operational costs are not normally covered by typical federal grants, but FirstNet is an exception having been set up to be both self sustaining and self funding through proceeds from the network builder and operator. I believe the same model would work here. My vision and dream for a public-safety network is a fully integrated, self-defining (as to content) network that serves the public-safety community as an easy-to-use tool to provide needed information and ensure that anyone who runs into trouble will receive assistance quickly, regardless of the situation or where they happen to be. Would you like to join me on this journey? The vision will require public safety to again come together as a group as it did with the Public Safety Alliance. We can draw on folks from the National Public Safety Telecommunications Council (NPSTC) and perhaps the Association of Public-Safety Communications Officials (APCO) International. But primarily, we need input from organizations such as the International Association of Chiefs of Police (IACP), the Major Cities Chiefs Association (MCCA), the National Sheriff's Association (NSA) — very important because most sheriffs receive more votes than successful congressional candidates — the International Association of Fire Chiefs (IAFC) and other organizations dedicated to public safety. Then to fill out our group, we need to add vendors willing to assist without promoting proprietary solutions; FirstNet Authority; and FirstNet, built with AT&T. All these entities must participate in our planning and action group. If we come together as we did for FirstNet, we will see this vision and more become a reality.
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| Source: | September-October 2019 MissionCritical Communications (page 8) |
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Apple’s website suggests macOS Catalina will be released next weekChance Miller - Sep. 26th 2019 5:51 pm PT @ChanceHMiller While iOS 13 and watchOS 6 were released last week, followed by iPadOS 13.1 and tvOS 13 this week, we’re still waiting on macOS Catalina. Apple’s website, however, suggests that macOS Catalina might launch as soon as Friday, October 4th. As first spotted by MacRumors, the Danish version of Apple’s website for macOS Catalina suggests that the Apple Arcade service will be available on October 4th. This would seemingly mean that macOS Catalina would also launch on that date, as Apple Arcade is a Catalina feature. The Danish Apple Arcade website teases, “Exceptional gameplay. Find it in the App Store from October 4.” Apple Arcade will be accessible via the Mac App Store, as we first showcased last month. It would be somewhat unusual, but not unprecedented, for Apple to release a new version of macOS on a Friday. One possibility is that macOS Catalina and Apple Arcade will launch at different times, with the macOS update coming earlier in the week and Apple Arcade coming on Friday. Until this leak, Apple had not provided any specific information on when macOS Catalina would be launched to the public other than teasing a fall release date. While it’s possible Apple’s Danish website is incorrect, it does seemingly imply a launch early in October, as opposed to later in the month. Just this week, Apple released the ninth developer beta and eighth public beta of macOS Catalina. The latest version of macOS includes new features such as the TV application, new Music and Podcasts apps, Apple Arcade, and much more. It also includes Mac Catalyst, which is Apple’s technology that allows developers to bring iPad apps to the Mac. You can learn more about the update in our complete guide right here. What are you most excited to see in macOS Catalina? Let us know down in the comments. |
| Source: | 9to5Mac |
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
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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'York County keeps getting lucky': Delayed 911 dispatches just part of long string of problemsTeresa Boeckel, York Daily Record On a recent night when an earthquake rattled York County, prompting calls to 911, Dover Township firefighters overheard dispatchers sending police to a reported house explosion with fire in their coverage area. Nine volunteers at the firehouse jumped up, put on their gear and figured out what equipment they needed. They pulled out of the station with the chief's vehicle, an engine and a tanker. "We were a mile and a half down the road before we were formally dispatched," Dover Township Fire Chief Brian Widmayer said this week. Fortunately, it turned out to be a pile of brush on fire. It was not a house explosion with fire, which some might have confused with the rumbling from the earthquake. But it's the latest example of the fire company not being dispatched in a timely manner, he said. "York County keeps getting lucky," Widmayer said, noting that so far, there have not been serious injuries or deaths. "One of these days, it is going to happen, and who is going to be liable?"
IXP Corporation, a consultant hired by York County, started work this week to make changes at the 911 center. The 6-month, $750,000 contract is intended to transform the center into a "high-performance organization." It will include changing the organizational structure of the center, building a stronger relationship between emergency responders and the county, and ensuring dispatchers are cross-trained. The same company completed an audit of the 911 system, which recommended "re-engineering" of the center. It cost $116,800, county spokesman Mark Walters said.
The move hasn't come without controversy as a new board of county commissioners will take office in January. President Commissioner Susan Byrnes is not seeking re-election, and Commissioner Chris Reilly lost in the primary. The two voted in favor of the contract, saying problems have existed for decades, and they need to be fixed now. Commissioner Doug Hoke, who is on the ballot in the November election, voted against the contract, saying his initial shock and concern was the cost. Hoke said he thought the county could have worked with the current management — and perhaps even local consultants — to implement the recommendations from the audit. Overhaul of 911 center plannedByrnes and Hoke said they were not aware of the dispatching delay during the earthquake. But the consultant will be generating reports to see when emergency calls came in and when police, fire and EMS were dispatched to the scene. "Those are the kind of procedural changes that are going to have to occur," she said. Reilly said a bigger systemic issue exists at York County 911 than a bungled call. It involves high turnover, conflicts between management and the union, and hierarchy issues. The county changed leadership at the center over the years, but it never worked. IXP will be working to overhaul operations and standardize the way calls are handled for all emergency responders, Reilly said. He pointed out that the county has invested roughly $70 million in a new 911 center and equipment over the past 15 years. Now the county is investing one-10th of that on the operations of the center. "Can you put a price on public safety?" he said. "You can't." Hoke said he has talked with leaders from the emergency response community, and "they told me that things have gotten a lot better," he said. The below here posted on Instagram showed firefighters with Dover Township Volunteer Fire Department leaving the station before receiving the formal dispatch to the call about the house explosion. Widmayer, who was a 911 dispatcher more than a decade ago, said he has filed complaints about problems with York County 911. Each time, he said, he's told there will be a coaching session and that things will get better. "It's frustrating," he said. Widmayer said his department is not the only one that's received delayed dispatches. Wrightsville, which can be called to provide help in neighboring Lancaster County, sometimes is across the Susquehanna River before York County 911 dispatches the department. Wrightsville's fire chief could not be reached for comment. Widmayer said he thinks it's training and management issues at the 911 center that's the cause of the problems. York County 911 director Jacqueline Brininger could not be reached for comment. Chad Deardorff, fire chief for York City Fire/Rescue Services and president of the York County Fire Chiefs and Fire Fighters Association, said some of the issues that need to be resolved are with the computer-aided dispatching system. For example, fire departments can be dispatched more than once to a multiple-alarm call, even if the company doesn't have enough volunteers to respond. Firefighters had been told that the system doesn't have certain capabilities, but now they're finding out that it does. He said some current 911 employees were not trained by previous staff members about what the CAD can do and how to program it. Deardorff also said the 911 director had too many employees to supervise while trying to run the center. "I'm hopeful this is the route to go," he said of the contract with the consultant. The consultant will be talking with police, fire, EMS and dispatchers to help implement the changes, and everyone is ready to begin, Byrnes said. The goal is to provide professional, efficient and reliable service. "... the safety of our community is at stake here," she said. Staffing at 911 centers is a national issueStaffing and retention at 911 centers has been an issue across the nation in more recent years, said Brian Fontes, CEO of the National Emergency Number Association, also known as the 911 association. That is in part because of the competitive labor force the country is in right now, he said. People might find it more lucrative to go to other places of employment. In addition, the status and salaries associated with 911 have historically — and continue to be — below the pay for other public safety individuals, Fontes said. That, too, affects the ability to attract and retain employees. It has resulted in the average response time being slower, according to a USA Today article. In some cases, it has resulted in injury or death. Fontes cautioned emergency responders about heading to a call before being dispatched by a 911 center. It is always better to respond to a 911 dispatch than to go to a call overheard on a scanner, he said. A 911 center manages resources, which needs to be done effectively, and multiple events can be occurring at the same time or in a sequence. If emergency responders go to a call overheard on the scanner, "they may not have the full picture of what is going on in the community and what other types of services are being dispatched," he said. Widmayer said that if he's noticing that police are being dispatched to an emergency in their coverage area, his department needs to respond. In the case earlier this month, officers were sent to a reported fire before the fire department. "If I don't respond, I feel I'm doing a disservice to the community," he said. Widmayer said he did contact York County 911 to tell dispatchers that the department was responding, even though they hadn't been formally dispatched. Not all volunteers sit at the firehouses around the county listening to the calls on the scanner. Widmayer said he thinks some departments might not be aware that their dispatches could be delayed. Next Generation 911Some 911 centers, including York County, still use voice-based communications, but many states are moving to Next Generation 911, which uses both voice and data, Fontes said. People will be able to communicate by sending photos, videos, texting. If there was an earthquake that caused damage, Next Generation 911 allows calls to be sent to other 911 centers. Those centers would have all the data regarding that community available to them, he said. That's important for the recovery and assistance in times of emergency. All 911 centers in Pennsylvania and across the country will eventually need to transition to Next Generation 911, said Ruth Miller, a spokeswoman for the state Emergency Management Agency. PEMA is currently in the process of procuring a statewide Next Generation 911 system as a service, she said in an email. The state recently received $4.8 million in federal funds to help offset the cost, which is yet to be determined. State 911 funds will be used to cover the rest of it. York County will be required to upgrade its call handling equipment to a Next Generation 911 compatible system, Miller said. York and Lebanon counties received a $1.7 million grant from PEMA last year to implement a shared 911 call handling system, which will be compatible with Next Generation 911, Miller said. With a shared system, the counties will enhance their redundancy and save money on maintenance. It's unclear at this point what Next Generation 911 might cost for York County. Timeline of 911 issuesYork County has invested in building a new 911 center and upgrading the system over the years. Here's a brief timeline: March 2006: Commissioners broke ground to build a new 911 center in Springettsbury Township for $14.8 million. October 2006: The York County 911 center went live with its new Computer Aided Dispatch system. It automated tasks that dispatchers used to do by hand. It cost $2.6 million. December 2007: Dispatchers started taking calls from the new 52,000-square-foot emergency services center. The complex brought emergency operations and 911 workers under one roof. Fall 2008: Police switched over to a new $36 million 911 system — manufactured and installed by Harris Corp. (then known as M/A-COM). Glitches, however, occurred, including lost or garbled transmissions. York County asked the installer to send technicians to work on it. Summer 2009: Fire and EMS services switched over to the 911 system. January 2011: Emergency responders in southwestern York County complained about the system, saying it had a history of dropped or missed radio calls and pages that failed at a fire scene. December 2012: Commissioners approved spending $1.32 million to replace equipment for the county's 911 system. The public would not notice any changes, except that people would eventually be able to send texts to 911. December 2013: A union representative told county commissioners that dispatchers had worked too many hours. “I believe you are placing the citizens of York County at risk,” said Tara Wilson, with Council 13 of the American Federation of State, County, and Municipal Employees. Operators sometimes were working 16-hour shifts. Many were working 12 or more days in a row. Commissioner Chris Reilly called it a negotiating ploy – the contract for dispatchers was set to expire at the end of the year. He denied any safety problems. March 2014: Commissioners approved a $27 million modification and upgrade to the county's emergency radio system. Officials said that new federal rules would require certain public-safety entities to change the frequencies they use to let police officers, firefighters and other emergency responders communicate wirelessly. July-August 2017: The county’s paging system went down because of expired software. The outage lasted 10 days. York County borrowed equipment from neighboring Dauphin County to help bring some towers back online while waiting for the new equipment to arrive. Some fire stations had to be staffed around the clock to listen for calls because of limited paging. August 2017: County officials, state representatives and emergency responders met to discuss the 10-day outage with the paging system. “What just blows my mind is that we had a complete failure of the paging system with nothing to back it up,” then-Stewartstown Fire Chief Ira Walker Jr. said. The county received all new equipment and the paging system returned to 100 percent coverage by the time of the meeting. March 2018: Overtime at the 911 center surged because of staffing shortages. The county paid out more than $1 million in overtime in each of the past three years. The union filed 36 grievances, concerning overtime and contract violations. At full staff, the center should have three shift supervisors, 71 full-time dispatchers and 10 part-time dispatchers. |
| Source: | York Daily Record |
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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 |
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OPINION Is the writing on the wall for the Apple TV?Does the pricey set-top box still has something to offer?Of all of Apple’s platforms, tvOS seems to have gotten the least attention in this year’s annual round of updates. When you think about it, that’s a little surprising. After all, Apple is on the verge of launching a major new video streaming service, and the Apple TV hardware device is sure to be a part of that. Where’s the love? But look a little closer and the big picture starts to come into focus. Even with the imminent launch of Apple TV+, the Apple TV set-top box, once Apple’s beachhead in the living room, is simply not nearly as critical to the company’s mission as it used to be. The future of TV is appApple’s TV platform has long been a third-class citizen in the company’s ecosystem, after both macOS and iOS. These days, I’d argue it even falls behind the Apple Watch as a significant product. Updates to tvOS are few and far between, and tend to bring very small adjustments or modest new features. Updates to the Apple TV set-top box are even less common, especially since 4K HDR and Dolby Vision arrived on the scene. After all, when you support the latest and greatest video and audio formats, what more is there to add?
It’s also clear that Apple’s attention in the streaming arena has shifted targets from tvOS to the TV app. Apple’s own original content is due to arrive in a little less than a month, and the TV app will be its home, making it arguably more important than the whole of the tvOS platform. In fact, go over to Apple’s TV product page and you’ll notice something missing along that top navigation bar: any mention of tvOS. Instead, the top spots are occupied by the Apple TV app (whose icon looks remarkably similar to the top-down view of the set-top box) and the forthcoming Apple TV+ service, followed by the 4K and HD versions of the set-top box. That’s because the TV app has broader aspirations. It’s no longer something you find on only the Apple TV, or even just on Apple’s own platforms. No, the app is coming to third-party streaming sticks, set-top boxes, and even smart TVs. Getting eyeballs on its original content is more important to Apple, and that means having its service everywhere anybody could want to watch it. Suddenly tvOS is merely one option among many—sure, it might be the best way to watch Apple TV+, as I’m sure Apple would put it, but it’s certainly not going to be the most common. Web slingingAnd Apple is not only competing amongst its own platform and third-party platforms for views here. No, the company’s also going to be streaming its shows via a web app. Which means that anybody whose device can run a reasonably modern web browser can also probably be an Apple TV customer, all without buying any additional hardware. Suddenly, shelling out at least $150 for an Apple-branded set-top box seems even less appealing than it used to be. Apple’s never been bullish on web services—it just hasn’t been in the company’s DNA. But the TV+ venture is clearly important enough that Cupertino’s willing to change up its playbook in the hopes of casting as wide a net as possible. And if it no longer needs to drive hardware sales for revenue but rather wants to grow the TV+ service itself, well, that may not bode particularly well for the Apple TV set-top box. The game’s the thingBut wait! There’s a saving grace for the Apple TV and tvOS here, and its name is Arcade. Apple’s recently launched game subscription service has been surprisingly well received, given the company’s mixed relationship with gaming. And while most players are probably playing Arcade titles on their iPhones and iPads, the Apple TV provides a big-screen, collective gaming experience not easily duplicated by those other devices. Arcade’s debut, combined with new support for gaming controllers from Sony and Microsoft, makes the Apple TV something that the company’s never had before: a viable game console. No, it may not be competing head to head with the Xbox One or PlayStation 4, much less the upcoming next-generation of consoles, but it might pose a challenge to something like the Nintendo Switch. Yes, the Switch may have more to offer—primarily Nintendo’s legendary first-party game catalog—but it’s also more expensive than the Apple TV and doesn’t offer the same breadth of other functionality, such as a broad assortment of streaming services. Moreover, for households that already have an iPad or iPhone in them, Apple’s gaming ecosystem competes favorably with not only the Switch’s portability aspect—since most Apple Arcade games sync state across all devices—but also Nintendo’s innovative motion-control game mechanics. That could easily make it a compelling addition, especially for parents loath to spend money on a dedicated gaming device. Is it enough to save the Apple TV set-top box? Maybe. But it also raises a larger question for Cupertino and its customer base: given all the other devices and platforms available, is the Apple TV even really worth saving? |
| Source: | MacWorld |
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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 |
| Leavitt Communications |
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Despite In-Fighting, FCC’s 3.5 GHz Auction Moves Closer to RealityBy Leslie Stimson, Inside Towers Washington Bureau Chief The FCC Thursday took another step closer to holding its first auction of mid-band spectrum for 5G services. The Commissioners voted to seek comment on proposed application and bidding procedures for the auction of Priority Access Licenses (PALs) in the 3550-3650 MHz portion of the 3.5 GHz Band. But the vote was not without drama as Commissioners clashed over whether the auction rules really allow for innovation and different use of the band. Bidding in what is designated as Auction 105, is slated to start on June 25, 2020. After yesterday’s vote, CTIA President/CEO Meredith Atwell Baker called scheduling the first mid-band spectrum auction “a key milestone” in maintaining the country’s 5G leadership. “Hallelujah,” proclaimed Commissioner Michael O’Rielly during the vote. “This item provides interested parties not only the opportunity to comment on the proposed auction structure, but also necessary heads up so that they can formulate their bidding strategies and business plans to actively participate in the auction.” O’Rielly also said the agency still needs to free up more mid-band spectrum for NextGen wireless. “In fact, I look forward to the Commission's action on 3.5 and 2.7 GHz in the coming months. Let's get C-band done!” Chairman Ajit Pai agreed, saying: “I'm optimistic that later this fall we will vote on an order to make a significant amount of spectrum available in the C-band for 5G.” Commissioner Jessica Rosenworcel, however, interjected concern. She wishes the 3.5 GHz auction would be held this year, saying that while the U.S. focused on auctioning high and low-band spectrum, the rest of the world has either designated mid-band spectrum for 5G or held auctions for that spectrum. “This delay in the United States has consequences. The rest of the world has left us behind,” Rosenworcel said. She also said the final notice actually moves the agency backward and complicates the auction rules. Pai replied that the agency has already held two high-band auctions this year. Auction 105, “will be the largest spectrum auction in American history with 3400 MHz available. A key Commission priority under this administration has been to free up more mid-band spectrum. With almost 200 MHz, this is the largest contiguous band of terrestrial flexible use spectrum below 3 GHz in the United States.” Commissioner Geoffrey Starks, meanwhile, has a more pragmatic concern. Starks says when he travels, he consistently hears how hard it is to take part in FCC auctions because they’re so complicated. He shares Rosenworcel’s worry about whether the new rules will allow for new entrants onto the band. “The notice seeks comment on a proposal to permit bidding for blocks within the counties in the top 305 markets. But, I want to avoid unintended consequences. Will county level bidders be able to compete with Cellular Market Areas (CMA) level bidders for blocks and counties within the same CMA as a large city? ” he asked rhetorically. The FCC proposes to offer seven PALs in each county-based license area, for a total of 22,631 PALs nationwide. Each PAL will consist of a 10 MHz unpaired channel assigned by automated frequency coordinators, called Spectrum Access Systems. Priority Access Licensees would be permitted to aggregate up to four PALs in any license area. |
| 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 — 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.
REMINDER: HAC Certification Due October 3As we reported in a previous edition of the BloostonLaw Telecom Update, carriers must submit an electronic certification of compliance with the FCC’s Wireless Hearing Aid Compatibility (HAC) rules to cover calendar year 2018 by October 3, 2019. Compliance certifications for calendar year 2018 will be on a new electronic FCC Form 855. Carriers that previously filed HAC reports and that sold their wireless spectrum during 2018 or 2019 should file a 2018 compliance certification for their partial year operations and this will be your final HAC regulatory compliance obligation. Some licensees can certify “de minimis” status if they did not sell handsets but held their spectrum licenses during the year. Going forward, annual compliance certifications for wireless service providers will be filed by January 15th. Thus, the service provider compliance certification for calendar year 2019 will be due Wednesday, January 15, 2020. BloostonLaw Contact: Cary Mitchell. HeadlinesSenators Send Letter to FCC Opposing Overall USF CapOn September 19, a group of 30 Democratic Senators led by Sen. Edward Markey (D-Mass.) urging the FCC not to implement an overall cap on the USF: “We write to request that the Federal Communications Commission (FCC) discard any plans for setting an overall cap for the Universal Service Fund (USF) programs. Such a proposal would harm broadband deployment, rural health care opportunities, classroom learning, and life-long learning through public libraries by forcing them to compete in order to receive necessary funds,” wrote the Senators. While noting that each program plays an “indispensable role” in achieving the Fund’s goals, the Senators in particular showed support for the E-Rate and Rural Health Care funds, stating that “[t]he proposal to combine the sub-caps for the E-Rate and Rural Health Care funds is particularly troubling.” They went on to point out that the FCC's request for comment on prioritizing the funding among the four programs “violates Congress's legislative intent in enacting the USF.” “We believe that all four of these programs should be able to continue to operate and thrive independently without the constraint of a universal cap. Program recipients should also be able to rely on consistent funding for their program and without living in fear that their funding will be slashed in order to provide for the other equally deserving programs.” BloostonLaw Contacts: Ben Dickens, Mary Sisak, and Sal Taillefer. Regulatory Fee Filing Window Extended to September 27On September 23, the FCC issued a brief Public Notice announcing that it extended the due date for FY2019 regulatory fees from 11:59 PM on September 24 to 11:59 PM on September 27. The FCC clarified that the extension of time applies to all annual regulatory fee payors, but did not provide a reason for the extension. Failure to pay the regulatory fee in a timely manner will result in a 25% penalty as well as other administrative actions by the FCC, including being placed in a “Red-Light” status – which means the FCC will not make USF payments that might be due to you or process any applications until the debt is cleared. BloostonLaw Contact: Richard Rubino. FCC to Investigate ‘Tens of Millions’ in Wasted Lifeline Support Payments to SprintOn September 24, the FCC issued a Press Release stating that it has learned as the result of an investigation conducted by the Oregon Public Utility Commission that Sprint Corp. “claimed monthly subsidies for serving approximately 885,000 Lifeline subscribers, even though those subscribers were not using the service.” This reportedly represents nearly 30% of Sprint’s Lifeline subscriber base and nearly 10% of the entire Lifeline program’s subscriber base. The non-usage rule requires Lifeline providers of “free” service to de-enroll subscribers who don’t use their phones—a rule meant to protect Lifeline from wasting payments on service not provided. Under the non-usage rule, providers of free service may only be reimbursed for a Lifeline subscriber if that subscriber has used the service at least once in the past 30 days. Providers must de-enroll inactive subscribers after giving them 15 days’ notice. In a statement, FCC Chairman Ajit Pai said: “It’s outrageous that a company would claim millions of taxpayer dollars for doing nothing. This shows a careless disregard for program rules and American taxpayers. I have asked our Enforcement Bureau to investigate this matter to determine the full extent of the problem and to propose an appropriate remedy.” He continued, “I thank the Oregon Public Utility Commission for its work. States are an important partner with the FCC in both helping low-income consumers get access to affordable communications through Lifeline and cracking down on waste, fraud, and abuse in the program.” Commissioner Carr called for the withdrawal of the draft order approving the Sprint/T-Mobile merger: “There is no credible way that the merger before us can proceed until this Lifeline investigation is resolved and responsible parties are held accountable. Without the benefit of the findings of this investigation into what appears to be the worst case of Lifeline violations in FCC history, it is impossible for us to trust in the integrity and completeness of the record, evaluate the character and fitness of the applicants, and exercise our statutorily defined obligation to grant only license transfers that serve the public interest. I call for our staff to conduct a thorough review during this pause – the integrity of our merger review process is at stake.” BloostonLaw Contacts: Ben Dickens and Sal Taillefer. Third Circuit Vacates FCC Actions on Media Ownership RulesOn September 23, the United States Court of Appeals for the Third Circuit issued its opinion in what is the fourth decision in the Prometheus Radio Project v. FCC line of cases on media ownership. There, the court vacated and remanded “the bulk of [the FCC’s] actions” on media ownership rules since 2017. Writing for the court, Judge Ambro began by expressing some exasperation: “Here we are again,” the opinion begins. This time, the court heard arguments on three issues stemming from the FCC recent actions on its media ownership rules: the 2017 Order that retained almost all of the existing rules in their current form; the subsequent petitions for rehearing and repealing or otherwise scaling back most of those same rules; and the creation of a new “incubator” program designed to help new entrants into the broadcast industry. It affirmed the FCC on all but the last issue: whether the FCC adequately considered the effect of its latest rule changes on ownership of broadcast media by women and racial minorities. On that subject, the court wrote: “Although [the FCC] did ostensibly comply with our prior requirement to consider this issue on remand, its analysis is so insubstantial that we cannot say it provides a reliable foundation for the Commission’s conclusions. Accordingly, we vacate and remand the bulk of its actions in this area over the last three years.” The court did not, however, grant requests to appoint a special master to oversee the FCC’s work on remand. In a statement, FCC Chairman Ajit Pai said, “For more than twenty years, Congress has instructed the Federal Communications Commission to review its media ownership regulations and revise or repeal those rules that are no longer necessary. But for the last fifteen years, a majority of the same Third Circuit panel has taken that authority for themselves, blocking any attempt to modernize these regulations to match the obvious realities of the modern media marketplace. It’s become quite clear that there is no evidence or reasoning—newspapers going out of business, broadcast radio struggling, broadcast TV facing stiffer competition than ever—that will persuade them to change their minds. We intend to seek further review of today's decision and are optimistic that the views set forth today in Judge Scirica’s well-reasoned [dissent] ultimately will carry the day.” Commissioner O’Rielly joined the Commissioner in voicing his disappointment in the decision: “This is a classic case of judicial activism and legislating from the bench that further justifies the ongoing fight for reforming the judiciary. Despite the market wreaking havoc on traditional business models, we have a court nonetheless trying to preserve 1970s regulations. I implore the Chairman and the Administration to take this decision to the U.S. Supreme Court.” Commissioner Rosenworcel agreed with the court’s assessment, saying: “Media ownership matters because what we see on our screens says so much about who we are as individuals, as communities, and as a nation. But over my objection, the FCC has been busy dismantling the values embedded in its ownership policies. Today, the Third Circuit Court of Appeals agreed. The court rightly sent the FCC's handiwork back to the agency because the FCC's analysis was so "insubstantial." The FCC shouldn't be in the business of cutting corners when it comes to honoring our long-held values when updating media ownership policies.” Commissioner Starks agreed: “Today’s opinion is clear: the FCC’s approach to setting our media ownership rules needs a dramatic overhaul. We must recommit to our goals of promoting competition, localism, and diversity. We can no longer get by with the bad data and shoddy analysis — problems that have been highlighted far too often by courts and interested observers in recent years.” BloostonLaw Contacts: John Prendergast and Cary Mitchell. Law & RegulationFCC Announces Official Agenda for September Open MeetingOn September 19, the FCC issued the official agenda for its upcoming Open Meeting, currently scheduled for September 26. At the meeting, the FCC will consider:
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. Comments on LPFM Technical Rules are Due October 21On September 19, the FCC published in the Federal Register its Notice of Proposed Rulemaking on improve technical rules that primarily affect Low Power FM (LPFM) radio stations, based upon a petition for rulemaking filed by REC Networks. Comments are due October 21, and reply comments are due November 4. Specifically, the rule changes proposed in the NPRM would, if adopted, revise the technical rules in four main ways: (1) Allowing LPFM use of directional antennas to avoid interference to other FM stations; (2) Setting a July 13, 2021 sunset date for a current requirement that FM stations protect adjacent television stations operating on TV channel 6; (3) providing LPFM stations with greater flexibility to relocate their transmitter sites by providing applicants with an additional way to demonstrate that a proposed change is “minor;” and (4) permitting retransmission of LPFM signals over FM booster stations. The proposals, if implemented, are intended to improve LPFM reception and increase flexibility in transmitter siting while maintaining interference protection and the core LPFM goals of diversity and localism. According to the NPRM, the highly simplified engineering requirements adopted when the LPFM service was created almost 20 years ago do not provide LPFM applicants with transmission and siting options available to other broadcast stations, and it may therefore be possible to improve LPFM service by providing such options now that the LPFM service has matured. BloostonLaw Contacts: Gerry Duffy and Sal Taillefer. FCC Announces National Lifeline Verifier Launch in 11 StatesOn September 23, the FCC announced the launch of the National Lifeline Eligibility Verifier (National Verifier) for all new enrollments in Arizona, Connecticut, Georgia, Iowa, Kansas, Nebraska, Nevada, New York, Vermont, Virginia, and West Virginia. Starting on October 23, 2019, eligible telecommunications carriers (ETCs) in these eleven states will be required to use the National Verifier’s eligibility determination process for all consumers applying for Lifeline service and must cease using legacy eligibility processes for prospective Lifeline subscribers. USAC will continue after October 23, 2019 to verify that subscribers in the National Verifier for these eleven states are eligible to receive Lifeline service through the process that was initiated during the soft launch on June 25, 2019. In addition, annual recertification will now be conducted by the National Verifier for all Lifeline consumers in these eleven states. As of October 23, 2019, consumers in these states can begin to check their eligibility for Lifeline service directly by using the National Verifier consumer portal available at CheckLifeline.org. The FCC also reminds ETCs that, even where the National Verifier is fully launched, ETCs remain responsible for any fraud that forms the basis of their claims for Lifeline reimbursement, and the National Verifier does not provide a “safe harbor” for ETCs that improperly claim or obtain reimbursement. BloostonLaw Contacts: Ben Dickens and Sal Taillefer. IndustryFCC Announces Creation of First “Innovation Zones” – New York City and Salt Lake CityOn September 16, the FCC announced the creation of its first two Innovation Zones, in New York City and Salt Lake City. According to a press release, “[t]hese Innovation Zones will be city-scale test beds for advanced wireless communications and network research, including 5G networks.” The Innovation Zones – an initiative building off the FCC’s 2013 rulemaking to update its experimental radio service program – extend the geographic areas in which already-licensed experimental program licensees can conduct tests. Under this initiative, parties have flexibility to conduct multiple non-related experiments under a single authorization within a defined geographic area to develop new technologies and services while protecting incumbent services against harmful interference. This initiative allows experimental program license holders which are licensed to operate elsewhere to also use the New York City and Salt Lake City Innovation Zones. Parties must comply with each zone’s FCC-established guidelines, under the zone administrator’s guidance, and provide advanced notice of their project. In New York City, the Innovation Zone will support COSMOS (Cloud Enhanced Open Software Defined Mobile Wireless Testbed for City-Scale Deployment). COSMOS, located in West Harlem, will be run jointly by Rutgers University, Columbia University, and New York University, in partnership with the City of New York. In Salt Lake City, the Innovation Zone will support POWDER (A Platform for Open Wireless Data-driven Experimental Research with Massive MIMO Capabilities). POWDER, which will operate in several connected corridors of Salt Lake City, will be run jointly by the University of Utah and Rice University, in partnership with Salt Lake City. Additional details about the Innovation Zones can be found in the official Public Notice. “Few concepts are more central to America than experimentation and innovation. It’s what we do best,” said FCC Chairman Ajit Pai. “So it’s exciting and inspiring to see our Innovation Zones program taking off. These projects will test new advanced technologies and prototype networks like those that can support 5G technologies. We’re also establishing a process to ensure new innovators can have access to this testing resource while protecting current, licensed users. I thank all those who are leading these efforts on the ground and stand committed to continuing our efforts to empower innovators.” BloostonLaw Contacts: John Prendergast and Cary Mitchell. Advocates Urge Investigation into FCC Hurricane Maria Recovery EffortOn September 20, a group of self-styled “Puerto Rican Advocates, racial and social-justice organizations, and media and telecommunications advocacy groups” wrote a letter to House Speaker Nancy Pelosi “urg[ing] Congress to use all of its oversight authorities to examine the recovery on Puerto Rico” in the aftermath of Hurricanes Irma and Maria in September 2017. Membership in the group includes Color of Change, Collective Action for Puerto Rico, Common Cause, Greenpeace US, the National Consumer Law Center, and the National Hispanic Media Coalition. Specifically, the group expressed concern about how federal funding was spent in the recovery effort: “While the Federal Communications Commission has awarded telecom companies federal funding to restore service, we know little about how the companies are spending that money or the nature and pace of restoration efforts.” “The expert agencies tasked with restoring communication services — the FCC and the Federal Emergency Management Agency — have failed to investigate why these communications networks collapsed. The FCC has produced scant information in response to our Freedom of Information Act request on why it took so long to restore service, and in fact that service has yet to be fully restored. FEMA has yet to produce a single document.” The group concluded by urging congress to “use all of its oversight powers, and to hold hearings on how the Trump FCC responded to the communications crisis in Puerto Rico, in order to understand what happened and then hold everyone — both government officials and departments, as well as private actors — accountable for their failures.” DeadlinesSEPTEMBER 30: FCC FORM 396-C, MVPD EEO PROGRAM REPORTING FORM. Each year on September 30, multi-channel video program distributors (“MVPDs”) must file with the FCC an FCC Form 396-C, Multi-Channel Video Programming Distributor EEO Program Annual Report, for employment units with six or more full-time employees. Users must access the FCC’s electronic filing system via the Internet in order to submit the form; it will not be accepted if filed on paper unless accompanied by an appropriate request for waiver of the electronic filing requirement. Certain MVPDs also will be required to complete portions of the Supplemental Investigation Sheet (“SIS”) located at the end of the Form. These MVPDs are specifically identified in a Public Notice each year by the FCC. BloostonLaw Contacts: Gerry Duffy and Sal Taillefer. 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-GlanceSeptember October November December
FCC Seeks Contingency Plans from Nationwide Wireless Carriers for California Wild FiresThe FCC has requested that the five nationwide wireless carriers (Verizon, AT&T, Sprint, T-Mobile and US Cellular) provide contingency plans continuity of service now that various electric utilities in the State of California have announced service disruptions at times and in areas where the risk of a wild fire is high. The FCC is looking for detailed contingency plans and strategies that will promote the continuity of communications for public safety officials and residents (including the use of back-up power) as well as plans for subscriber outreach and plans for coordination with public safety officials, power companies and other relevant stakeholders. Additionally, the FCC is seeking plans that the carriers are taking to harden their facilities against damage or for the construction of additional facilities/infrastructure in areas that are prone to wild fires. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino FCC Approves First Deployments of 3.5 GHz Access Systems Needed to Coordinate Use of BandOn September 16, the FCC announced that the Spectrum Access Systems (SASs) operated by Amdocs, Inc. (Amdocs), CommScope, Federated Wireless, Inc. (Federated), Google, and Sony, Inc. (Sony) (collectively, SAS Administrators) have satisfied the FCC’s SAS laboratory testing requirements, and are approved to begin their initial commercial deployments (Initial Commercial Deployment or ICD) as described in their ICD proposals in the 3550-3700 MHz band (3.5 GHz band). This is an important milestone on the path to allowing unlicensed General Authorized Access (“GAA”) access to additional CBRS spectrum by users with Part 96-certified equipment. In 2015, the FCC adopted rules for shared commercial use of the 3.5 GHz band, establishing the Citizens Broadband Radio Service (CBRS) and creating a three-tiered access and authorization framework to accommodate shared federal and non-federal use of the band. Access and operations are managed by an automated frequency coordinator, known as an SAS. When managing spectrum access, SASs may incorporate information from an Environmental Sensing Capability (ESC), a sensor network that detects transmissions from incumbent Department of Defense radar systems and transmits that information to the SAS. Both SASs and ESCs must be approved by the FCC. SASs will coordinate operations between and among users in three tiers of authorization in the 3.5 GHz band: Incumbent Access, Priority Access, and GAA. While many private radio users may not be interested in bidding on the Priority Access licenses to be sold at auction, they may be able to accomplish broadband communications through use of the GAA portion of the band, which does not require participation in an auction. After the ICD period is over, the FCC will decide whether to open up commercial use for all other companies. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino. FCC Seeks Comment on Request for Waiver of Industrial Signal Booster Labeling RequirementsThe FCC is seeking comment on Pivotal Commwear’s (“Pivotal’s”) request for waiver of Rule Section 20.21(f) regarding required Industrial Signal Booster labelling disclosures. Reply Comments are due October 7, 2019. Pivotal states that it is in the process of obtaining equipment certification for a low-cost mass-market solution to bringing super-fast broadband to households and small businesses using millimeter wave spectrum. The millimeter wave bands offer nearly 5 gigahertz of spectrum with wide (100 megahertz or more) channels, enabling very high throughput. However, millimeter wave transmissions present material propagation challenges that typically require line-of-sight and have difficulty penetrating walls and windows for indoor applications. Pivotal states that legacy transceiver technologies are inadequate to provide service to consumers without cumbersome and expensive installation procedures, because the throughput is substantially reduced by reflection off and absorption by glass windows, particularly modern low-E and double-paned windows. Pivotal claims that its proposed 5G Subscriber device, which would operate at very low radiated power levels, will solve these propagation problems by using state-of-the art holographic beamforming to transmit and receive signals to and from a tower — even at extreme angles. The proposed device could be mounted on a window such that the outdoor portion provides radio frequency transmissions to and from the tower, and within the customer premises. Pivotal states that the proposed device will not be available for retail sale, but will only be available to wireless service providers would then provide them to their 5G customers with instructions on how to install the device on their window. It is important to note that because this would be a carrier specific device, it would only be capable of operating on the carrier’s particular licensed frequencies. In seeking a waiver of the labelling rules, Pivotal states that the labelling requirements would not serve the purpose of the rule and would be unduly burdensome. Pivotal states that the purpose of the rule is to protect service providers from interference created by high-power industrial signal boosters. However, Pivotal states that is not the case here. Additionally, the device purportedly cannot be purchased in error since it is not available for retail sale, and that the device cannot cause interference to wireless networks because it cannot operate without authentication from the service provider. And, in the event that service is discontinued, the service provider can shut down and lock the device remotely. Clients interested in submitting reply comments should contact our office. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Acts on Three Requests for Waiver of the 900 MHz FreezeThe FCC has denied two requests for waiver of the 900 MHz freeze filed by Kansas City Power & Light Company and Eversource Energy Service Company. The request filed by Flint Hills Resources Corpus Christi, LLC was granted. These actions are being taken against the backdrop of a 2018 freeze on the acceptance of applications for new or expanded use of 900 MHz band frequencies, in light of the FCC’s pending rulemaking to reconfigure the 900 MHz band.
Kansas City Power & Light Company (“KCPL”) serves over 800,000 customers in parts of Missouri and Kansas. It holds licenses in the 900 MHz Industrial/Land Transportation Service for a total of 15 base stations and 40 unique 900 MHz band channels. This system was formerly operated to support its field crew communications, load management, outage restoration, and monitoring and control of the electric grid. Due to consolidation with other electric utilities, KCPL is now able to meet its internal land mobile radio communications needs with a VHF system rather than its legacy 900 MHz system. As a result, KCPL is proposing to use its 900 MHz spectrum to modernize and enhance its aging SCADA system, which currently relies on copper phone lines that are leased from a third party that intends to retire the copper plant. In justifying its waiver request, KCPL stated that the new SCADA system would improve the company’s ability to avoid and identify outages and other problems, improve the public’s safety, and increase the efficiency of its operations. This would be achieved through the redeployment of its 900 MHz channels in a fixed point-to-point and point-to-multipoint wireless system. Under the FCC’s rules, with the exception of control stations, operational fixed stations are not permitted in the 900 MHz band. Ancillary fixed data transmissions are permitted on a secondary basis to mobile operations that are licensed on a primary basis. In denying the waiver, the FCC concluded that the public interest would not be served by a new 900 MHz fixed system on a significant number of channels in a major metropolitan area while the Commission considers proposed rule changes to realign this land mobile band to support the provision of broadband service. Rather, the public interest would be better served by maintaining the “current landscape” of authorized operations without adding any new non-conforming systems that could “complicate” the implementation of any rule changes that might be adopted in the pending rulemaking proceeding. And, even if the proposed KCPL system could operate in conformance with the existing licenses, the FCC concluded that granting a waiver to authorize a new system that is not permitted under the existing rules while the rulemaking proceeding is pending is not in the public interest, even if the proposal can be implemented without expanding any particular station’s spectral or geographic footprint.
Eversource Energy Service Company (“Eversource”) serves 1.4 million electric customers throughout the State of Massachusetts. It has long operated a 900 MHz SCADA system that is designed to minimize the duration of electric utility outages and improve the reliability of Eversource’s electric distribution system. Shortly before the implementation of the 900 MHz filing freeze in November 2018, Eversource submitted an application for modification of license to add a new location on a single channel in East Springfield. A frequency had been previously licensed to Eversource’s predecessor in interest, but it was never constructed and the license for that site was cancelled in 2009. In justifying its waiver request, Eversource stated that the area in and around the East Springfield site did not have sufficient coverage, and that any extension of coverage would be minimal when compared to its extensive 900 MHz holdings in the region. Additionally, Eversource stated that it had submitted its application to the frequency coordinator prior to the announcement of the freeze, but that the frequency coordination process had not been completed when the freeze was announced later that month. In denying the waiver, the FCC noted that being in the process of submitting an application when a freeze is announced is not sufficient grounds for a waiver. Additionally, the FCC stated that the need for additional capacity in a particular area is neither unique nor unusual, especially where it appears that Eversource was aware of the possible need for additional coverage long before the freeze was announced, but chose not to construct the licensed facility when it was originally licensed years before.
Flint Hill Resources Corpus Christi LLC (“Flint Hill”) is a refining, chemical, and biofuel company that employs a 900 MHz radio system for day-to-day and emergency communications at its three facilities in Corpus Christi, Texas. Its 900 MHz system is also used for emergency communications by the Refinery Terminal Fire Company, a non-profit private cooperative that protects 55 local facilities. In its rule waiver request, Flint Hill states that its legacy narrowband 900 MHz system relies on equipment and software that have been discontinued and are no longer supported by the equipment manufacturers. Flint Hill notes that it only has enough spare equipment to keep its network operational through the end of 2019. As a result, Flint Hill has proposed to replace its legacy system with a new 900 MHz system, which would be implemented in parallel with the existing system in order to ensure uninterrupted service. In anticipation of this need, Flint Hill filed applications in June 2019 for a total of 33 900 MHz channels at the same locations where it is currently licensed. Flint Hill has requested a waiver of the 900 MHz application freeze. Most of Flint Hill’s current 900 MHz narrowband channels are located in the 3/3 megahertz segment that would transition to broadband use under the Commission’s proposal. The new channels requested by Flint Hill would be located in the segments that would continue to be used for narrowband operations under the Commission’s proposal and would therefore eliminate the need to re-build its communications system twice, first due to its age and then due to realignment of the 900 MHz band. Flint Hill has committed to return all 33 currently licensed 900 MHz channels to the Commission after it transitions to the new system. Flint Hill states that it considered other frequency bands for its replacement communications system but found that UHF frequencies do not provide adequate signal coverage and penetration throughout its facilities and that the 800 MHz band frequencies in the Corpus Christi area are subject to the application freeze in National Public Safety Planning Advisory Committee regions along the U.S.-Mexico border. FHR also considered procuring service from a commercial provider, but concluded that the risk of dropped service and delayed communication rendered this option unsuitable for critical communications. In granting Flint Hill’s request, the FCC noted that the purpose of the 900 MHz application freeze is to preserve the current landscape of authorized operations in the band while it considers potential rule changes. Because Flint Hill stated that it would cancel its existing 900 MHz licenses after the new system is operational, the net effect on the 900 MHz licensing landscape would be limited, since there would be no net increase in number of 900 MHz channels held by Flint Hill as a result of a grant of these waiver requests. The FCC also concluded that a grant of Flint Hill’s request would serve the public interest since it needs to replace its radio system by the end of this year in order to ensure safe, reliable communications, including emergency communications for fire protection services. These communications will promote the safety of its workers and of people in neighboring communities that could be affected by an incident at its facilities. During the transition period, the FCC noted that functionality must be ensured for both the old and new systems. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Waives Certain Part 15 Rules to Allow Marketing of Ultra-Wideband Medical Imaging and Diagnostic DeviceThe FCC has granted the request of Sensible Medical Innovations Ltd. for waiver of certain Part 15 rules that will allow it to apply for certification to market its ReDS System — which is a stepped frequency ultra-wideband (UWB) medical imaging and diagnostic device. The ReDS System was designed to accurately measure fluid in the lungs of heart failure patients in a non-invasive way. In order to do so, the device steps through 16 frequencies in the 1005-1079 MHz band and contains two sensors that are attached to the body on the chest and back so that the patient’s lungs are between the sensors. Each sensor has an antenna for transmitting and receiving electromagnetic waves that are transferred through the pulmonary tissue. The dielectric properties of the lung alter the transmitted electromagnetic waves, and these changes are measured by the ReDS System and used to calculate fluid concentration. Sensible requested a waiver of five rule sections. Because the ReDS System operates at frequencies below 3.1 GHz and uses a narrower operating bandwidth than the rules require, Sensible requested waivers of Sections 15.513(a) (frequency range for medical imaging systems) and 15.503(d) (UWB transmitter definition) of the rules. Additionally, because the radiated emissions from the equipment do not comply with the limits for UWB medical imaging systems when measured in accordance with the rules, Sensible requested waivers of measurement requirements in Sections 15.31(c) and 15.521(d). Finally, Sensible requested a waiver of the requirement in Section 15.525 that UWB imaging systems be coordinated with the National Telecommunications and Information Administration (NTIA) through the FCC before equipment could be used. In this regard, Sensible argued that its system has similar technical characteristics, e.g., power, modulation type and operating frequency range, to a UWB medical imaging system manufactured by Kyma Medical Technologies Ltd. (Kyma) which for which the Commission previously waived these same five Part 15 rules in 2016. In granting the waiver, the FCC noted that the Kyma and Sensible devices are similar to each other and are designed for the same purpose – to measure lung fluid levels in congestive heart failure patients. In this regard, Sensible has indicated that pulmonary congestion is the most common cause of worsening heart failure leading to patient hospitalization, and that hospital readmissions could be reduced through monitoring and early detection. Considering the importance of improving the care of heart patients by being able to quickly and accurately measure lung fluid levels to avoid hospital admissions, and the potential for the Sensible system to make such measurements, the FCC found that there is a stronger public interest benefit in granting the waiver than in applying the rules. Accordingly, the FCC concluded that with appropriate operational and technical restrictions to prevent harmful interference to authorized services, granting Sensible’s request for waiver would not undermine the purpose of the rules, i.e., to prevent harmful interference to authorized services. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Seeks Comment on Waiver Request of Part 15 Rules for Transit Location SystemOn September 3, the FCC issued a Public Notice seeking comment on a request for waiver of Sections 15.519(a)(2) and 15.250(c)-(d) of the Commission’s rules to allow Piper Networks, Inc. to obtain grant of an equipment authorization for installation and operation of its enhanced transit location system (ETLS), a train positioning system for use on subway and commuter trains in urban and outdoor areas. Comments cycle ends on October 8, although it is possible to submit ex parte comments after that date. In its request, Piper stated that it is designing the ETLS to operate under the Part 15 ultra-wideband (UWB) rules in the 3200-3700 MHz and 4243-4743 MHz bands, as well as under the Part 15 wideband rules in the 6240-6740 MHz band. Once built, an ETLS deployment would only require use of one of these three frequency bands. Because Piper plans to affix its devices to trains, tunnel walls, and short wayside structures, it seeks a waiver of certain rules prohibiting the use of fixed infrastructure for UWB devices in these bands. It also seeks a waiver of the rule limiting the power limits for operation in the 6240-6740 MHz band, in order to compensate for the lower propagation characteristics of this frequency band as compared to those at 3200-3700 MHz and 4243-4743 MHz. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino. Comments on Tower Siting Petitions Due October 15On September 13, the FCC issued a Public Notice announcing that comments are being sought on a Declaratory Ruling filed by the Wireless Infrastructure Association (WIA) and a Petition for Declaratory Ruling filed by CTIA, asking the FCC to adopt new rules or clarify existing rules regarding approval of tower siting proposals under Section 6409(a) of the Spectrum Act of 2012. Comments are due October 15, and reply comments are due October 30. Specifically, WIA’s Petition for Rulemaking asks the FCC to amend its rules to reflect that collocations requiring an expansion of the current site—within 30 feet of a tower site—qualify for relief under Section 6409(a), and to require that fees associated with eligible facilities requests under Section 6409 be cost-based. In Section 6409(a) of the 2012 Spectrum Act, Congress mandated that state or local governments “may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” WIA’s Petition for Declaratory Ruling asks the FCC to clarify: (1) that Section 6409(a) and related rules apply to all state and local authorizations; (2) when the time to decide an application begins to run; (3) what constitutes a substantial change under Section 6409(a); (4) that “conditional” approvals by localities violate Section 6409(a); and (5) that localities may not establish processes or impose conditions that effectively defeat or reduce the protections afforded under Section 6409(a). CTIA’s Petition for Declaratory Ruling requests that the FCC take the following actions to clarify which deployments qualify for streamlined processing and the remedies available under 6409(a):
CTIA also requests that the FCC take the following actions to remove uncertainty about access to utility poles under Section 224:
Tower Companies and carriers interested in filing comments should contact the firm for more information. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino. FCC Announces Official Agenda for September Open MeetingOn September 19, the FCC issued the official agenda for its upcoming Open Meeting, currently scheduled for September 26. At the meeting, the FCC will consider:
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 Grants Modification of Rule Waiver for Ground Penetrating Radar DeviceThe FCC’s Office of Engineering and Technology (“OET”) has granted the request of Proceq USA, Inc. to modify its existing waiver to accommodate the operation of its Ultra-Wideband (“UWB”) ground penetrating radar device across a wider frequency range. Previously, OET had granted a waiver of Rule Section 15.31(c) to allow radio frequency emissions from Proceq’s device to be measured in the active mode of operation rather than with the stepping function stopped. It also waived Section 15.503(d) that defines a UWB transmitter as a device that “at any point in time” has an UWB bandwidth equal to or greater than 500 megahertz, or a fractional bandwidth equal to or greater than 0.20. Proceq developed a new version of its device that uses an expanded frequency range (200-6000 MHz instead of 200-4000 MHz) in order to improve its resolution and technical performance. Proceq claimed that the expanded operating range posed little risk of causing harmful interference to communication services because it is technically similar to other stepped frequency GPR devices that have been approved by the FCC under waiver. In granting the waiver, OET noted that changing the upper frequency range from 4000 MHz to 6000 MHz was consistent with the current spectrum allocation for GPR devices and that it did not alter the technical and operational conditions included in the existing rule wavier for Proceq. As a result, Proceq will continue to be subject to those conditions, which ensures that operation of its new device across the expanded frequency range will not introduce new risks of causing harmful interference to communications services. BloostonLaw Contacts: John Prendergast and Richard Rubino
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