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Ira Wiesenfeld, P.E. Consulting Engineer, with his new passive iPhone amplifier.

Times are tough and the cupboard is bare. With Ira's help and encouragement, I am launching a new promotion of my iPhone passive audio amplifiers. Photos of several of them follow below. Please check them out. Everyone who has purchased one has been happy.

The one Ira bought is made of Patagonian Rosewood and American Walnut with three coats of Danish oil, followed by two coats of satin polyurethane with drying in between. It was custom made for him with a larger opening for his iPhone with a Pelican case. Standard models accept iPhones but without a case attached.

Scroll down for more photos.

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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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Advertiser Index

Service Monitors and Frequency Standards for Sale

Motorola Service Monitor

IFR Service Monitor

Efratom Rubidium Standard

(Images are typical units, not actual photos of items offered for sale here.)

These are acoustic amplifiers for smartphones. They don't need electric power to operate and there are no moving parts. They work like a megaphone (speaking-trumpet, bullhorn, or loudhailer). Everyone that I have shown one to has said something like “Wow, I want one of those!” So I have built a few of them.

Of course there are more “Hi-Fi” ways to listen to audio on your smartphone but who would want to plug an elegant smartphone into some cheap, plastic gadget? Or even use Wi-Fi or Bluetooth, which are a pain in the neck to set up, even on a smartphone.

These have been made with hardwood bases and some of them are exotic hardwoods with interesting grain patterns. The horns are polished brass — made from mostly old horns that had rubber bulbs on the ends and were used in “times gone by” by taxis and even clowns in circuses. These horns have been re-purposed, reshaped, soldered, and polished.

They horns are now on display and for sale at:

The two large horns — the trombone and the gramophone — are difficult to pack and ship to they are for local pickup only. The remainder can be sent to you.

Please call for pricing and availability or stop in for a demo and a great cup of espresso.

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

		Motorola SOLUTIONS
	WE ARE STILL STOCKING AND SELLING THE UNICATION ELEGANT PAGERS Contact us for price and availability please

BLOOSTONLAW SUMMARY OF CARES ACT
(Coronavirus Aid, Relief, and Economic Security Act)

BloostonLaw has compiled an outline of the provisions of the CARES Act that may be of interest or benefit to its telecommunications clients. As you will see, there is little in the Act that affects the Federal Communications Commission and other federal and state regulatory issues for which we normally advise and represent you. Rather, the major parts of the Act relevant to our clients deal with Small Business Administration loans, income and payroll tax changes, and tele-health matters that are intended to provide cash, advice and services to give small businesses and individuals some rapid and temporary help during the present COVID emergency. There is likely to be more legislation during coming months that more directly impacts broadband and other telecommunications-related companies and regulation. We are providing this outline as a courtesy to our clients to help you spot provisions that are relevant and potentially useful for you without having to wade through the several hundred pages of the CARES Act. Whereas we are always ready and willing to assist you, in most cases you will need to consult tax professionals and others who assist you in non-telecommunications matters.

SMALL BUSINESS ADMINISTRATION PROVISIONS

These programs are directed at small businesses (generally having less than 500 employees) to try to help them stay in existence and maintain their staffs during the COVID emergency.

I. Paycheck Protection Program (Sections 1102, 1106 and 1107 of CARES Act)

A. Section 1107: $349 billion appropriated for program guarantees

1. Additional amounts for SBA administration and reimbursement of Lenders

B. Section 1102: Paycheck Protection Program loan guarantees

1. Covered period: February 15, 2020 to June 30, 2020

2. Covered businesses

a. General: less than 500 employees
b. Typical small businesses (under SBA definitions)
c. Also: Tribal business concerns
d. Also: some sole proprietorships, independent contractors, self-employed
e. Businesses with more than one location: if <500 employees/location

3. Amount of PPP Loan (apply and receive from SBA-approved bank)

a. Maximum: $10 million
b. Calculation: 2.5 times “Average monthly total payment” during prior year

i. Employee compensation plus benefits (leave, healthcare, retirement)
ii. Maximum per employee: $100,000/year

c. Only one PPP loan per entity for covered period
d. SBA waives fees and personal guarantee requirements
e. No recourse against shareholders, members or partners unless funds used for unauthorized purposes

4. Permissible use of PPP Loan proceeds

a. Payroll
b. Health care benefits
c. Rent or mortgage interest (but not mortgage principal)
d. Utilities

5. Borrower certification: that uncertain current economic conditions make loan necessary to retain workers and maintain payroll, and to make rent, mortgage and utilities payments

C. Section 1106: PPP Loan Forgiveness Provisions

1. Borrower must file request and documentation with Lender
2. Forgiven amounts excluded from gross income for federal tax purposes.
3. Non-forgiven balance: repayable over 10-year term at not more than 4% interest
4. Forgiveness % factor:

a. Numerator: Average number of full-time equivalent employees per month during covered period
b. Denominator: Average number of full-time equivalent employees per month

i Either: during Feb. 15, 2019 to June 30, 2019 period
ii Or: during Jan. 1, 2020 to Feb. 29, 2020 period

5. Documentation:

a. To Verify number of full-time employees and payroll costs:

i. Payroll tax filings with IRS
ii. State income, payroll and unemployment insurance filings

b. To Verify rent, mortgage interest and utilities costs:

i. Cancelled checks, payment receipts, transcripts of accounts

II. Entrepreneurial Development Program (Section 1103)

A. $240 million in grants to Small Business Development Centers and Women’s Business Centers to provide education, training and advice to small businesses regarding:

1. Accessing SBA resources regarding capital and business resiliency
2. Potential effects of COVID on supply chains and distribution
3. Management of tele-work
4. Management of remote customer service
5. Risks and mitigation of cyber threats
6. Effects of reduced travel

B. Additional $25 million for associations of resource partners to establish online platforms and training programs

III. Minority Business Development Agency (Section 1108)

A. $10 million to Minority Business Development Agency of the Department of Commerce for grants to minority business centers and minority chambers of commerce
B. For substantially the same educational, training and advisory purposes as Section 1103

IV. Emergency Economic Injury Disaster Loans (Section 1110)

A. Appropriation of $10 billion
B. Covered period: Jan. 1, 2020 to Dec. 31, 2020
C. Expanded eligibility

1. Normal: entity with less than 500 employees
2. Added: cooperatives and Tribal small businesses

D. Relaxed procedures during covered period

1. Loan approval solely on credit score
2. Advance of $10 thousand – not required to be repaid if loan denied

E. Permitted uses:

1. Paid sick leave
2. Maintain payroll to retain employees
3. Meet increased costs to obtain materials due to supply chain interruptions
4. Make rent or mortgage payments
5. Repay loans (where having problem due to reduced revenues)

TAX PROVISIONS

These primarily attempt to increase cash flow during the COVID crisis by reducing business tax liabilities or deferring their tax payments.

V. Employee Retention Credit (Section 2301) – against employer portion of federal payroll tax

A. Eligible employer

1. Carrying on trade or business during 2020
2. EITHER: business fully or partially suspended by government order due to COVID
3. OR: significantly reduced revenues – less than 50% of gross receipts than same quarter of prior year (END: more than 80% of gross receipts for same quarter of prior year)
4. Not eligible if took Paycheck Protection Program loan

B. Credit: against applicable employer payroll tax on up to 50% of qualified wages

1. Limit $10K of wages for each employee for ALL calendar quarters
2. Qualified wages include some healthcare expense
3. Differs with average number of full-time employees

a. Greater than 100: only employees not providing any services
b. 100 or less: all employees

C. Applies only to wages paid after Mar. 12, 2020 and before Jan. 1, 2021

VI. Deferral of Payment of Employer Payroll Taxes (Section 2302)

A. Not eligible if take forgiveness of Paycheck Protection Program Loan
B. Amount of deferral: Not clear

1. Either: 50% of payroll tax due from employer
2. OR: Employer’s entire 50% share of the payroll tax applicable to employees

C. Payment dates for deferred employer payroll tax

1. Dec. 31, 2021: 50% of deferred amount
2. Dec. 31, 2022: remainder of deferred amount

VII. Modification of Net Operating Loss Limitations (Sections 2303 and 2304)

A. Net operating loss limitations with respect to corporations and pass-through entities (S Corps, LLCs and partnerships) appear to be relaxed

1. Corporate NOLs for 2018, 2019 and 2020 appear able to be carried back to the 5 previous years
2. The provisions are very complex with many obscure references to prior tax law.
3. The point: if a corporation has a NOL, or if a taxpayer has a loss from a pass-thru entity, check with a tax professional to determine whether one can make use of the subject changes to reduce tax liability during the current or carryback/carry-forward years, and improve cash resources.

VIII. Relaxation of Limits on Excess Business Interest (Section 2306)

A. Under certain circumstances, a business can deduct more interest expense (about 50% more) for tax years beginning in 2019 and 2020 than it was previously allowed
B. Under certain circumstances, a business may be able to use adjusted taxable income for tax year beginning in 2019 as base for calculating excess business interest for tax year beginning in 2020
C. Provision applies to corporations and partnerships

HEALTHCARE PROVISIONS

These are efforts to efforts to expand telehealth networks and services, and to make it easier for them to serve Medicare patients.

IX. Telehealth Network and Telehealth Resource Center Grants

A. Appropriation: $1.32 billion (Section 3211)
B. Nature and scope (Section 3212)

1. Expands existing program(s) from focus upon demonstrating how telehealth technologies can be used to institutions that actually use telehealth technologies and networks
2. Not less than 50% of funds to be awarded for projects in rural areas
3. Struck language from existing statute about cable and telephone lines, microwave towers, satellite dishes and digital switching equipment (this appears to relax a prior limitation and provide more flexibility for use of grant money)

C. Changes to existing grant program (Section 3213)

1. Expands eligible recipients from “rural public or rural nonprofit private entity” to “entity with demonstrated experience serving, or capacity to serve, rural underserved populations.”
2. Narrows focus from “local community or region” to the “rural underserved population” in such community or region.
3. Expands focus from “essential” to “basic” health care services.

X. Telehealth Provisions

A. Absence of deductible for telehealth services does not disqualify a pre-2022 health plan from being treated as a high-deductible plan (Section 3701)
B. More Medicare Flexibility for Use of Telehealth Services during Emergency Period (Sections 3703, 3704, 3706 and 3707)

1. Address eligibility and payments
2. Include specific references to rural health clinics and the use of telecommunications.

LABOR PROVISIONS

These provisions are aimed at encouraging increased sick leave compensation, and to provide offsetting increased tax credits to the businesses providing them.

XI. Paid Sick Leave Limits

A. Emergency Family and Medical Leave (Section 3601)

1. $200 per day ($10,000 in aggregate)

B. Emergency Paid Sick Leave (Section 3602)

1. $511 per day ($5,110 in aggregate) in some circumstances; $200 per day ($2,000 in aggregate) in others.

C. Advance Credits are available with respect to payroll tax for Emergency Family and Emergency Paid Sick Leave (Section 3606)

1. Also: waiver of penalties where credit less than estimated

CORONAVIRUS RELIEF FUND (Section 5001)

Included primarily for Tribal portion. Population limitation eliminates most rural areas.

XII: Appropriation: $150 billion to states, Tribal governments and local governments for fiscal year 2020.

A. Local governments: of areas with population above 500 thousand
B. Tribal Government allocation: $8 billion
C. Purpose: Cover costs incurred between 3/1/20 and 12/30/20 due to COVID emergency and not included in most recent budget adopted prior to CARES Act.

EMERGENCY APPROPRIATIONS (Section 6002)

Specific agency provisions, some of which may entail some money for telecommunications services.

XIII: Rural Utilities Service

A. Additional $25 million for telemedicine and distance learning services in rural areas to respond to Coronavirus emergency

XIV: FCC

A. Additional $200 million in wages and salaries to respond to Coronavirus, including support of healthcare providers by providing telecommunications and information services and devices necessary to enable the provision of tele-health services.

XV: Bureau of Indian Affairs

A. Additional $453 million (available until 9/30/21) to respond to Coronavirus, including the purchase of information technology to improve teleworking capability.

XVI: Indian Health Services

A. Additional $1.032 billion (available until 9/30/21) to respond to Coronavirus, including telehealth and other information technology upgrades

DEPARTMENT OF EDUCATION

Unclear how this will operate in conjunction with the E-Rate program. Technology and connectivity are only one of a list of possible uses for the money.

XVII: Elementary and Secondary School Emergency Relief Fund

A. Appropriation: $13.499 billion
B. Permissible uses include purchase of educational technology (including hardware, software and connectivity) for students served by local educational agency.

VETERANS AFFAIRS PROVISIONS

Might the short-run provision represent a business opportunity? Could it be expanded profitably?

XVIII: Allocation of $2.15 billion for Information Technology Systems to respond to COVID

XIX: Short-term agreements with telecommunications companies – during COVID emergency (Section 20004)

A. Provide temporary, complimentary or subsidized fixed or mobile broadband service to provide expanded mental health services to isolated veterans via telehealth facilities or VA Video Connect
B. May expand eligibility to include veterans not currently eligible for mental health services.
C. Priorities:

1. veterans residing in unserved or underserved areas;
2. veterans residing in rural or highly rural areas; and
3. low-income veterans

D. Permissible technologies: videoconferencing, Internet, streaming video, and terrestrial and wireless communications.

XX.: Nonspecific requirement of availability of telehealth capabilities for case managers and homeless veterans (Section 20011)

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

• LIVE response possible to any program with Media 1 Live app from Android or Apple stores, summed up immediately for producer on web site media1live.com
• Propose LIVE broadcast on Internet with live response to reach youth with low cost quality education, seeking persons interested.
• Contact: ewtexas@att.net

The Wireless Messaging News
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.

Can You Help The Newsletter?

You can help support The Wireless Messaging News by clicking on the PayPal Donate button above. It is not necessary to be a member of PayPal to use this service.

Newspapers generally cost 75¢ $1.50 a copy and they hardly ever mention paging or wireless messaging, unless in a negative way. If you receive some benefit from this publication maybe you would like to help support it financially?

A donation of $50.00 would certainly help cover a one-year period. If you are wiling and able, please click on the PayPal Donate button above.

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

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

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

NATE Releases Results of COVID-19 Impact Survey of Members

The opening survey question by NATE: The Communications Infrastructure Contractors Association was “in light of the COVID-19 pandemic, is your company still conducting routine business operations and hours of service?” Out of 224 responses, 85.27 percent said “yes.” Another question asked if the member company’s crews experienced logistical issues on the road, i.e., hotel and food accommodations, as a result of the virus (65 percent said “yes”).

The association unveiled the results of the nine-question Member COVID-19 Impact Survey yesterday.

The survey, conducted over a six day period from Friday, March 27, to Wednesday, April 1, 2020, included responses from 224 member companies with headquarters in 40 different states. NATE conducted the survey to assess how the COVID-19 public health pandemic is impacting the industry in order to help guide the association’s efforts to identify future membership needs and resources during these unprecedented times.

“Surveys are snapshots in time. The association believes the NATE Member COVID-19 Impact Survey contains valuable insight directly from the front lines of deployment that can be a resource for members of Congress, government agencies, wireless carriers, broadcasters, tower owners, construction management firms, sub-contractors and tower technicians during this very fluid pandemic situation,” stated President/CEO Todd Schlekeway.

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.

BloostonLaw Summary of CARES Act

Included with this week’s edition of the BloostonLaw Telecom Update is a memorandum outlining some of the provisions of the CARES Act that may be of interest to telecom and broadband providers. We are providing this outline as a courtesy to our clients to help you spot provisions that are relevant and potentially useful for you without having to wade through the several hundred pages of the CARES Act.

Whereas we are always ready and willing to assist you, in most cases you will need to consult tax professionals and others who assist you in non-telecommunications matters.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Headlines

FCC Extends Filing Deadline for Supply Chain Filing

On April 2, the FCC issued an Order granting a grant a 30-day extension of time for filers to complete the Supply Chain Information Collection. With this extension, responses to the Supply Chain Information Collection are due on May 22, 2020.

As we reported in a previous edition of the BloostonLaw Telecom Update, at the end of February the FCC issued a Public Notice announcing the initiation of its process to collect information from telecommunications carriers on the use of Huawei and ZTE equipment and services in their networks. All USF recipients that were eligible telecommunications carriers as of December 31, 2019 were originally required to file by April 22 using the FCC’s portal, even if they don’t have such equipment.

In particular, carriers without potentially prohibited equipment must indicate the lack of any such equipment, software, or services, then certify and submit the response.

Entities with potentially prohibited equipment must:

• affirm that their network contains and/or relies on potentially prohibited equipment;
• provide the costs of purchasing and installing potentially prohibited equipment or services, separately for both equipment and services currently in use and equipment and services no longer in use;
• provide the estimated costs of removing and replacing potentially prohibited equipment or services following the instructions; and
• certify and submit the response.

Carriers with questions on how and what to file are encouraged to contact the firm for more information.

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

FCC Waives Certain Network Performance Pre-Testing Requirements

On April 3, the FCC issued an Order waiving, on its own motion, certain network performance pre-testing requirements for recipients of Connect America Fund (CAF) Phase II model-based support. Specifically, the Bureau will permit carriers to test less than the required number of subscriber locations during the pre-test period if testing would require installation of new equipment inside subscribers’ premises.

As we reported in a previous edition of the BloostonLaw Telecom Update, in the Performance Measures orders, the Commission adopted requirements that recipients of high-cost support test their broadband networks for compliance with the appropriate speed and latency metrics and report and certify the results. To ensure carriers are familiar with the required testing and to allow carriers an opportunity to adjust to the new testing regime, the Commission adopted pre-testing periods in which no support reductions will occur for failing to meet the required standards. Specifically, the Commission required CAF Phase II model-based support carriers to conduct two quarters of pre-testing in the first and second quarters of 2020, with testing beginning in the third quarter of 2020.

In consideration of the recent substantial increase in coronavirus cases across the United States, on its own motion, the Bureau waives the pre-testing sample size requirements for CAF Phase II model-based support recipients to the extent needed to avoid any additional in-home installations by carrier technicians. During the pre-test period, carriers using either a randomized or self-selected sample of subscribers will only be required to conduct testing based on the number of subscribers in each area (up to the required sample size) that already have the necessary equipment installed as of the date of this Order.

Carriers with questions about the extent of the FCC’s waiver are invited to contact the firm for more information.

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

FCC Announces Tentative Agenda for April Open Meeting

On April 3, the FCC announced that the following items are tentatively on the agenda for the April Open Commission Meeting:

• Unlicensed Use of the 6 GHz Band: a Report and Order and Further Notice of Proposed Rulemaking that would promote innovation and the use of mid-band spectrum for broadband by allowing unlicensed operations in the 5.925-7.125 GHz band while protecting existing licensed operations. (ET Docket No. 18-295; GN Docket No. 17-183). See the full article below for more.
• Proposing the 5G Fund for Rural America: a Notice of Proposed Rulemaking and Order that would propose to establish the 5G Fund for Rural America, awarding up to $9 billion in support over 10 years for the deployment of 5G mobile broadband services in rural areas. (GN Docket No. 20-32) See the full article below for more.
• Mitigation of Orbital Debris in the New Space Age: a Report and Order and Further Notice of Proposed Rulemaking that would comprehensively update the Commission’s orbital debris rules for all Commission-authorized satellites. (IB Docket No. 18-313)
• ViaSat Market Access Request: an Order and Declaratory Ruling that would grant ViaSat’s request for U.S. market access to offer broadband services using a proposed constellation of non-geostationary orbit satellites. (IBFS File Nos. SAT-PDR-20161115-00120 and SAT-APL-20180927-00076)
• Improving Low Power FM Radio: a Report and Order that would modernize the LPFM technical rules to provide more regulatory flexibility for licensees. (MB Docket Nos. 19-193, 17-105)
• Expanding Availability of Video Description: a Notice of Proposed Rulemaking that would propose to expand video description requirements to 40 additional local television markets over the next four years to increase the accessibility of programming to blind and visually impaired Americans. (MB Docket No. 11-43).

Please note that the links above are for the draft text of each item expected to be considered at this Open Commission Meeting. One-page cover sheets prepared by the FCC are included in the public drafts to help summarize each item. However, these are not final documents and may differ from what the FCC ultimately votes on.

The FCC’s announcement does not indicate how the meeting will be conducted, or where interested parties may view the proceeding.

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

Chairman Pai Circulates $9 Billion 5G Fund Order

On April 1, FCC Chairman Ajit Pai announced that he has circulated a draft Notice of Proposed Rulemaking aiming to establish a 5G Fund for Rural America, which would distribute up to $9 billion across the country for 5G connectivity. The 5G Fund would specifically target rural areas that would not see timely deployment of 5G service absent support and are not likely to be covered by the T-Mobile transaction commitments. The FCC will vote on the Notice of Proposed Rulemaking at its April 23 Open Meeting.

According to the Press Release, the FCC is seeking comment on two options for identifying areas that would be eligible for 5G Fund support. Under one approach for Phase I, the Commission would hold an auction in 2021 by defining eligible areas based on current data sources that identify areas as particularly rural and thus in the greatest need of universal service support. In recognition of the challenges of ensuring that 5G service is deployed to areas that lack any mobile broadband service, the proposal would prioritize areas that have historically lacked 4G LTE or 3G service. The second approach would delay the 5G Fund Phase I auction until at least 2023, after collecting and processing improved mobile broadband coverage data through the Commission’s new Digital Opportunity Data Collection.

Phase II of the 5G Fund would target support to bring wireless connectivity to harder to serve and higher cost areas, such as farms and ranches, and make at least $1 billion available for deployments that would facilitate precision agriculture.

“5G promises to be the next leap in broadband technology, offering significantly increased speeds and reduced latency,” said Chairman Pai. “The 5G Fund for Rural America focuses on building out 5G networks in areas that likely would otherwise go unserved. It’s critical that Americans living in rural communities have the same opportunities as everybody else.”

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

FCC to Consider Proposed 6GHz Band Rules for Unlicensed Devices

On April 1, FCC Chairman Ajit Pai announced the circulation of draft rules permitting unlicensed devices to operate in the 6 GHz band. The proposed rules would make 1,200 megahertz of spectrum available for unlicensed use. Unlicensed devices would share this spectrum with incumbent licensed services under rules that are crafted to protect those licensed services and to enable both unlicensed and licensed operations to thrive throughout the band. The Chairman’s draft rules will be voted on by the Commission at the FCC’s Open Meeting on April 23.

According to the Press Release, the draft Report and Order would, if adopted, authorize two different types of unlicensed operations: standard-power over 850-megahertz of spectrum in the 6 GHz band, and indoor low-power operations over the full 1,200-megahertz available in the band. An automated frequency coordination system would prevent standard power access points from operating where they could cause interference to incumbent services.

A Further Notice of Proposed Rulemaking proposes to permit very low-power devices to operate across the 6 GHz band, to support high data rate applications including high-performance, wearable, augmented-reality and virtual-reality devices. Specifically, the Further Notice would seek comment on making a contiguous 1,200-megahertz block of spectrum available for the development of new and innovative high-speed, short-range devices and on power levels and other technical and operational measures to avoid causing interference to incumbent services.

“From Wi-Fi routers to home appliances, Americans’ everyday use of devices that connect to the Internet over unlicensed spectrum has exploded,” said Chairman Pai. “That trend will only continue. Cisco projects that nearly 60% of global mobile data traffic will be off-loaded to Wi-Fi by 2022. To accommodate that increase in Wi-Fi demand, the FCC is aiming to increase the supply of Wi-Fi spectrum with our boldest initiative yet: making the entire 6 GHz band available for unlicensed use. By doing this, we would effectively increase the amount of spectrum available for Wi-Fi almost by a factor of five. This would be a huge benefit to consumers and innovators across the nation. It would be another step toward increasing the capacity of our country’s networks. And it would help advance even further our leadership in next generation wireless technologies, including 5G.”

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Law and Regulation

FCC Fines Wireless Carrier $130,000 for Exceeding Radiation Limits, Labeling Requirements

On April 2, the FCC released an Order and Consent Decree resolving its investigation into whether BLU Products, Inc. (BLU Products) marketed a mobile phone, model GRAND MAX, that exceeded the Commission’s specific absorption rate (SAR) harmful radiation limit, and failed to comply with the labeling, user manual, and permissive change requirements of the equipment authorization rules. To settle this matter, BLU Products admitted that it violated the Commission’s rules, agreed to implement a compliance plan, and agreed to pay a $130,000 civil penalty.

The FCC’s rules set a SAR limit of 1.6 W/kg, averaged over any 1 gram of tissue, for certain portable devices. The purpose of this rule is to ensure that the public is appropriately protected from the potential adverse effects of radio frequency exposure. FCC rules also require radio frequency devices be properly authorized, identified, labeled and comply with the applicable technical standards prior to marketing in the United States.

Testing performed by the FCC on two samples of the GRAND MAX mobile phone purchased through an online retailer found that both phones were non-compliant with the Commission’s SAR Limit. Specifically, the FCC found peak-spatial average specific absorption rate values of 1.73 W/kg and 2.02 W/kg for both phones, which exceed the 1.6 W/kg SAR Limit. The FCC sent a Letter of Inquiry to BLU Products in November, 2018. In responses to the FCC, BLU Products stated that after it became aware that the GRAND MAX mobile phone exceeded the specific absorption rate limit, it began taking measures to implement a solution. According to BLU Products, it had implemented an “over-the-air update that was programmed to correct the issue to 100% of the devices” in March of 2018. BLU Products also stated that it “confirmed, through the Google OTA portal, that 98% of all devices sold were updated to the corrected version.”

BLU Products reported that the remaining 2% of devices sold did not receive the update because the devices were not connected to the Internet, are no longer operational, or had undergone software modifications rendering it unable to download the update. BLU Products ultimately discontinued marketing the GRAND MAX mobile phone in August of 2018.

Contacts: John Prendergast and Richard Rubino.

FCC Proposes $6 Million Fine Against Tracfone for Lifeline Violations

On April 2, the FCC proposed a $6,013,000 fine against TracFone Wireless, a prepaid wireless provider offering Lifeline service under the SafeLink Wireless brand, for apparent violations of the Commission’s Lifeline program rules. According to the Press Release, TracFone apparently claimed federal Lifeline funding for customers who were not actually determined to be eligible for the program, which helps make communications services more affordable for low-income Americans.

The FCC’s investigation found that, in 2018, TracFone apparently sought and obtained federal Lifeline support for hundreds of ineligible subscribers in Florida. TracFone’s sales agents—who were apparently compensated via commissions for new enrollments—apparently manipulated the eligibility information of existing subscribers to create and enroll fictitious subscriber accounts. For example, TracFone claimed support for seven customers in Florida at different addresses using the same name, all seven of whom had birth dates in July 1978 and shared the same last four Social Security Number digits. The Enforcement Bureau’s investigation also found that, in 2018, TracFone apparently sought reimbursement for thousands of ineligible subscribers in Texas. Specifically, TracFone claimed more Lifeline support than was authorized by the Public Utility Commission of Texas, which is responsible for making subscriber eligibility determinations in that state.

The proposed fine is based on the 5,738 apparently improper claims for funding that TracFone made in June 2018 and includes an upward adjustment in light of the company’s egregious conduct in Florida. “Every dollar misdirected from the Lifeline program to a carrier that violates our rules is a dollar that won’t go toward providing more affordable connectivity to low-income Americans,” said FCC Chairman Ajit Pai. “Ensuring that this program works for those who need it most is especially important now, during the ongoing coronavirus (COVID-19) pandemic. So, we’ll continue to root out waste, fraud, and abuse in Lifeline, which is paid for by American taxpayers. And with today’s Notice of Apparent Liability, we do exactly that. We make clear that we will not sit idly by and let Lifeline carriers fabricate enrollment data to generate more sales. And I’m hopeful that our new rule prohibiting carriers from paying commissions to employees or sales agents based on the number of Lifeline customers they sign up will help deter the kind of apparent fraud we’ve seen in this case.”

The proposed action contains only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty. TracFone will be given an opportunity to respond and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the matter.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Comments on Unlicensed White Space Device Operations Due May 4

On April 3, the FCC published in the Federal Register its Notice of Proposed Rulemaking seeking to revise the FCC’s rules to provide additional opportunities for unlicensed white space devices operating in the broadcast television bands (TV Bands) to deliver wireless broadband services in rural areas and applications associated with the Internet of Things (IOT). Comments are due on or before May 4, 2020; reply comments are due on or before June 2, 2020.

Specifically, the Commission proposes, among other things, to:

• permit higher transmit power and higher antenna HAAT for fixed white space devices in ‘‘less congested’’ geographic areas.
• increase the maximum permissible radiated power from 10 to 16 watts EIRP in these areas, and to increase the maximum permissible antenna HAAT from 250 meters to 500 meters.
• permit fixed devices to operate in the TV bands, up to Channel 35, with a maximum 16 watts EIRP (12 dBW) in ‘‘less congested’’ areas, but to maintain the one-watt transmitter conducted power limit for fixed devices and require that the higher power be achieved by using higher gain antennas, i.e., 12 dBi to produce 16 watts EIRP with a one-watt transmitter power.
• increase the maximum permissible antenna HAAT for fixed white space devices operating on channels 2–35 from 250 meters to 500 meters.
• define a ‘‘narrowband white space device’’ as a type of fixed or personal/ portable white space device operating in a bandwidth of no greater than 100 kHz.
• permit narrowband white space devices to operate with a conducted PSD of up to 12.6 dBm/100 kHz, which is the same level permitted for fixed devices that operate with the maximum permissible one-watt conducted power in a six megahertz channel, and to require narrowband devices to comply with the same maximum antenna gain requirements as fixed devices
• require narrowband white space devices to comply with an emission limit of ¥42.8 dBm into adjacent channels, i.e., outside of the six-megahertz channel in which they operate.
• require narrowband devices to use a channel plan that limits total transmitted power in a six-megahertz channel to no higher than the existing limits for a four-watt EIRP broadband white space device.

Importantly, the FCC also seeks comment on ways to protect incumbents if any of these proposals are implemented.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Comments on Cable Operator Record-keeping Rules Due May 4

On April 2, the FCC announced that its Notice of Proposed Rulemaking (NPRM) seeking comment on certain online public inspection rules for cable operations has been published in the Federal Register. Accordingly, comments are due May 4, 2020 and reply comments are due May 18, 2020.

Specifically, the FCC seeks comment on whether to eliminate or modify its rules that require cable operators to maintain records in their online public inspection files regarding their interests in video programming services, as well as their carriage of these services on cable systems they own.

BloostonLaw Contact: Gerry Duffy.

Comments on Radio frequency Electromagnetic Exposure Due May 6

On April 6, the FCC published in the Federal Register its Notice of Proposed Rulemaking seeking to develop a record on RF exposure limits and compliance issues raised by recent developments, such as millimeter-wave and sub-millimeter-wave frequencies for mobile applications. Comments are due May 6, 2020, and reply comments are due May 21, 2020.

Specifically, the FCC seeks comment on expanding the range of frequencies for which its radio frequency (RF) exposure limits apply; on applying localized exposure limits above 6 GHz in parallel to the localized exposure limits already established below 6 GHz; on specifying the conditions and methods for averaging the RF exposure, in both time and area, during evaluation for compliance with the RF exposure limits in the rules; on addressing new RF exposure issues raised by wireless power transfer (WPT) devices; and on the definition of a WPT device.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Industry

FCC, FTC Demand Three Gateway Providers Cut Off COVID-19 Robocall Scammers

On April 3, the FCC and FTC announced that they have written to three gateway providers — SIPJoin of Suffolk, Virginia; Connexum of Orange, California; and VoIP Terminator/BLMarketing of Lake Mary, Florida — demanding they cut off COVID-19 related scam robocalls into the United States, or have all of their traffic blocked by other phone companies.

According to the agencies, the companies have been identified by the Traceback Group, a consortium of phone companies that help officials track down suspect calls, managed by the trade association USTelecom. The Commissions also wrote to USTelecom to ask its members to begin blocking calls from these providers if the flood of robocalls is not cut off within 48 hours.

These letters specifically cite two of the many COVID-19 related scam robocall campaigns. One campaign offers a non-existent “free test kit” for COVID-19. These calls originate in the Philippines. A second campaign offers HVAC cleaning services that robocallers falsely claim will help fight COVID-19. These calls originate in Pakistan. As the FCC and the Industry Traceback Group uncover other facilitators of scam robocall campaigns, the agency will also similarly tell those companies to stop the traffic or face serious consequences.

“When it comes to scam robocalls, if you’re not part of the solution, you’re part of the problem. These phone companies need to cut off this traffic and protect consumers from these scams. The choice is simple: Move forward as responsible network providers or see themselves cut off from the phone system,” warned FCC Chairman Ajit Pai. “During this national emergency, it is unconscionable that these companies are abusing their access to our nation’s telephone network by serving as conduits for scam robocallers who are subjecting Americans to coronavirus-related fraud. This must end and must end now. And to any other service provider that’s carrying or is thinking of carrying such traffic, be warned: If you do so, you too will find yourselves excluded from our phone system.”

“The FTC will not stand for illegal robocallers that harm the public, particularly in the middle of a health crisis,” said FTC Chairman Joe Simons. “These warning letters make clear that VoIP providers who help illegal robocallers prey on fears surrounding the Coronavirus are squarely in our sights.”

Deadlines

MAY 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: Ben Dickens, Gerry Duffy, and Sal Taillefer.

JUNE 1: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. However, because the 31st is a Sunday this year, the filing will be due on June 1. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on June 1. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report.

BloostonLaw Contact: Richard Rubino.

JULY 1: FCC FORM 481 (CARRIER ANNUAL REPORTING DATA COLLECTION FORM). All eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes outage, unfulfilled service request, and complaint data, broken out separately for voice and broadband services, information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. Form 481 must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. Although USAC treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment is desired.

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

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

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2018. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2020); December 30 (for lines served as of June 30, 2020), and March 31, 2021, for lines served as of September 30, 2020).

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

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

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Calendar At-a-Glance

April
Apr. 9 – Short Form for Auction 105 due. Apr. 10 – Comments are due on RDOF bidding procedure Public Notice.
Apr. 10 – Challenges are due on initial RDOF census block list.
Apr. 13 – Comments on Letter of Credit rulemaking petition due.
Apr. 13 – Reply comments on TV Truth-In-Billing effective date extension proceeding are due.
Apr. 20 – Comments on Restoring Internet Freedom/Lifeline Reform record are due.
Apr. 28 – Reply comments on Letter of Credit rulemaking petition due.
Apr. 29 – E-Rate application filing window closes.
Apr. 30 – Comments on NORS/DIRS report sharing are due.

May
May 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
May 4 – Comments are due on Unlicensed White Space Devices NPRM.
May 4 – Comments are due on Cable Operator Record-keeping Rules.
May 6 – Comments are due on Radio frequency Electromagnetic Exposure NPRM.
May 15 – TRS waivers expire. May 16 – Lifeline rule waivers expire.
May 18 – Reply comments are due on Cable Operator Record-keeping Rules.
May 21 – Upfront payments for Auction 105 due.
May 20 – Reply comments on Restoring Internet Freedom/Lifeline Reform record are due.
May 21 – Reply comments are due on Radio frequency Electromagnetic Exposure NPRM.
May 22 – Huawei/ZTE Data Collection Responses are due.
May 29 – Lifeline De-Enrollment/Re-verification Requirement waiver ends.

June
Jun. 1 – FCC Form 395 (Annual Employment Report) is due.
Jun. 1 – Reply comments on NORS/DIRS report sharing are due.
Jun. 2 – Reply comments are due on Unlicensed White Space Devices NPRM.
Jun. 25 – Bidding begins in Auction 105.
Jun. 30 – Mobile Competitive ETC waiver ends.

Keb' Mo' Live From Nashville

Keb' Mo' Live From Nashville • April 4, 2020

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• ex KN9IQY, KN4BK, KM5NK, WB4JCF, ZP5TQ, WA4VXU, WA9RVL, /TI2, /9Y4, /6Y5, /KP4, HH2FJ
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