Welcome Back To

The Wireless Messaging News

France fines Apple $27 million for slowing down iPhones

It will have to display a notice on its French website for the next month.

Daniel Cooper
February 7, 2020

Chris Velazco

France's Competition and Fraud body, DGCCRF, has fined Apple €25 million ($27.3 million) for intentionally slowing the performance of older iPhones. The issue, which centered on battery management, was seen by many as an attempt to force users to upgrade before they needed to. Apple would eventually disclose the feature, but has agreed to pay the fine, and display a press release prominently on its French website.

Apple has been dogged by the suggestion that it artificially slowed the performance of older iPhones to force users to upgrade. In 2017, the company said that this was true, but claimed the intention wasn't a cynical method of fattening its bottom line. Instead, these slowdowns were designed to reduce demand on the CPU for older devices where battery performance may be compromised. Essentially, the phones slow down to prevent premature shutdowns and jerky performance, and it was all above board.

Users, consumer groups and governments were all equally outraged, especially since Apple had never made it clear before then. In early 2018, French authorities began investigating the program, looking to see if there was truth to the idea that Apple was making functional devices appear obsolete. Apple, at the time, apologized and offered discounted battery replacements, with 11 million people paying $29 for a new one.

Since then, Apple has said that it has redeveloped the power management system of the iPhone 11 to keep the battery healthier for longer. And told France24 that it welcomed the settlement, saying that it is committed to making smartphones that last "as long as possible." For the next month, there is also a banner on Apple France's iPhone page, saying that Apple was found to have committed a deceptive business practice, and that it has paid a fine to settle the matter.

[source]

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

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.

We need your help. This is the only remaining news source dedicated to information about Paging and Wireless Messaging.

Subscribe Here

IT'S FREE

* required field

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.)

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

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.

GOVERNMENT AND POLITICS

South Dakota bill would ban driving while using mobile devices

Under HB 1169, “No person may operate a motor vehicle while using a mobile electronic device.” The violation would be a class two misdemeanor.

Written By: Shannon Marvel | Feb 6th 2020 - 5pm.

The South Dakota State Capitol building in Pierre. (Republic file photo)

PIERRE, S.D. — Lawmakers will debate a bill that would criminalize using a mobile device while driving a vehicle, even if the vehicle is temporarily stationary “because of traffic, road conditions, a traffic light, or a stop sign.”

House Bill 1169 was introduced by District 10 state Rep. Doug Barthel, R-Sioux Falls and has been assigned to the House Transportation Committee.

HB 1169 defines a mobile electronic device as “any hand-held or portable electronic device capable of providing wireless data or voice communication between two or more persons or amusement, including a cellular telephone, broadband personal communication device, two-way messaging device, text messaging device, pager, electronic device that can receive or transmit text or character-based images, access or store data, or connect to the Internet, personal digital assistant, laptop computer, computer tablet, stand-alone computer, portable computing device, mobile device with a touchscreen display that is designed to be worn, electronic game, equipment that is capable of playing a video, taking photographs, capturing images, or recording or transmitting video, and any similar device that is readily removable from a vehicle and is used to write, send, or read text or data or capture images or video through manual input.”

Under HB 1169, “No person may operate a motor vehicle while using a mobile electronic device.” The violation would be a class two misdemeanor.

Law enforcement officers, firefighters, emergency medical technicians, paramedics, operators of authorized emergency vehicles, or “similarly engaged paid or volunteer public safety first responders” would be exempt under the bill if they were driving and using a mobile device while performing their official duties.

Using a mobile electronic device for emergency purposes would also be exempt under the bill.

The bill would not apply to the use of global positioning or navigation system feature of a mobile electronic device, however, it does apply to “manually entering information into the global positioning or navigation system feature of the device,” according to the bill text.

Using a mobile device in a voice-operated or hands-free mode, if the driver is not using their hands to operate the device, is exempt according to the bill. The driver can activate or deactivate a device to go into a hands-free mode, the bill text states.

“Reading, selecting, or entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function of a mobile electronic device or the use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use the operator's hands to operate the device, except to activate or deactivate a feature or function of the device,” would also be exempt under the bill.

Drivers would also be prohibited from accessing, reading or posting to a social networking site, which would be punishable as a class two misdemeanor under the bill.

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

Windows 10 Warning: Anger At Microsoft Rises With Serious New Failure

Gordon Kelly Senior Contributor
Consumer Tech
I write about technology's biggest companies

Windows 10 may now be essential but users new and old have had a rough ride in recent weeks. And it has just gotten a lot worse after a new, high-profile Windows 10 failure has left more questions than answers and some seriously angry users.

Windows 10 updates has hit the spotlight again for all the wrong reasons STEVE KOTECKI

The drama began yesterday as Windows 10 users suddenly found that Search was broken with a black bar showing where search results should be, even for those who tried to perform a local search of their files. Breaking with tradition [...], Microsoft was fast to act blaming “a temporary server-side issue”. But the explanation instead kicked a hornet’s nest. First, the fix doesn’t work for everyone. Second, and more worryingly, Microsoft’s explanation doesn’t add up and it has prompted serious questions to be asked about how the operating system works and what personal data it is sharing.

Popular Microsoft pundit Woody Leonard led the charge, writing: “If you believe that yesterday’s worldwide crash of Windows 10 Search was caused by a bad third-party fiber provider, I have a bridge to sell you.”

In an open letter to new Windows head Panos Panay, Susan ‘Patch Lady’ Bradley was similarly skeptical, noting that today “we all found out that our local search boxes are somehow dependent on some service working at Microsoft.” She attacked the company for a lack of transparency and gave it a maximum ‘Pinocchio score’ for a lack of trust.

“Microsoft has been working to unify search experience across Windows, Bing, and Office 365 products ... Microsoft’s efforts to supercharge the search box has many advantages, but such problems are ruining the company’s reputation,” said Windows Latest, in a stark warning.

Similarly, Engadget writer Richard Lawler revealed that users were now trying to hack the Windows 10 registry to disconnect their local file searches from Microsoft servers (more below) “and I can't say I blame them after this episode. Microsoft owes users a better explanation than this and should make sure it's impossible for offline features to get taken out when the cloud is having an issue.”

“That’s Microsoft’s underlying tactics all along: sneak questionable mechanics into Windows with updates, backtrack only if someone noticed them, reported them and if that creates a big enough public outcry,” commented one user.

Windows 10's broken search bar has raised serious questions about Microsoft's transparency TWITTER

On top of this, Microsoft’s supposed fix is a long way from being a slam dunk:

“Wow. This is still broken for me. Been broken all day. Even after reboot. This is f****** nuts, Microsoft. This should not be a thing,” - source

“I have rebooted like five times in the past hour and still have the same issue until now.” - source

“#windows10 #search still down for me, and yes I've restarted.” - source

Consequently, the aforementioned Windows 10 registry hack appears to be the only 100% fix this issue and it also disconnects Bing and Cortana online services from Windows 10 search. As detailed on Reddit, you need to perform the following steps:

• Run Regedit.exe
• Navigate to HKEY_CURRENT_USER\SOFTWARE\Microsoft\Windows\CurrentVersion\Search
• Look for ‘BingSearchEnabled’, if you don't see it you will need to create it (right-click in a blank area, pick ‘New DWORD’ 32 bit. Type in ‘BingSearchEnabled’
• Open BingSearchEnabled, set it to 0, press OK.
• Look for ‘CortanaConsent’, again create it if you don’t have it using the method above. Also set it to 0.
• Reboot.

All of which leaves Microsoft with some explaining to do. As Bradley concludes: “Your customers, those of us that have to trust you with our data, our businesses, our future endeavors deserve better behavior than this.”

Your move, Microsoft.

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

TCL will stop selling BlackBerry smartphones; is this the end of the legend?

The Chinese tech company which brought the license for the BlackBerry brand name ends its partnership on August 31

Gani Mohamed Waseem
Updated February 4, 2020 21:01 +08

Once upon a time, BlackBerry was considered as the smartphone of the business class. The iconic BlackBerry QWERTY keypad was perhaps the best physical keypad there was on a phone and it also came with tight security integration and end-to-end user data encryption, something that was not very common back in the old days.

It was also loved by many for BBM or BlackBerry Messenger, which was in a way the forefather of modern instant messaging services like WhatsApp and Apple's iMessage. Ask any 90s kid and they would say that owning a BlackBerry was like owning a supercar.

The rise of BlackBerry

The legend of BlackBerry started as Research in Motion (RIM), and its first product was the Interactive Pager 900 which was launched way back in 1996. But it was with the BlackBerry 850 Pager from 1999 that RIM started using the BlackBerry name.

The moniker was inspired by the device's keyboard which resembled the blackberry fruit. RIM continued its legacy with many series within the BlackBerry brand, the likes of the BlackBerry Curve, BlackBerry Bold, Torch and the BlackBerry Pearl. With the BB Bold being the top-of-the-line series targeted toward heavy users.

In the early to mid-2000s, if you had a BlackBerry, you were either a CEO of a big organisation or the president of a country. In fact, the former President of the United States Barack Obama loved the highly secure BlackBerry that he used both inside and outside the White House. It was the phone that everyone who wished for a high-tech handset wanted to have.

The fall of BlackBerry– arrival of the iPhone

But that was until the iPhone arrived in 2007. The whole idea of the smartphone changed with the arrival of the iPhone, and it spelt doom for Research in Motion (RIM) – the company behind the iconic BlackBerry brand. Soon BlackBerry sales were plummeting beyond belief and from being the top-dog it was relegated to the bottom. BlackBerry sales were dropping every year, but it had a somewhat of a hold in markets like the US, Canada and the Middle East.

Android and subsequent partnership with TCL

However, the entry of the iPhone promoted Google to make Android OS better and smartphone manufacturers to make better phones with the touch-based user interface that was seen as more advanced when compared to the complicated BlackBerry OS. Android and iOS were gaining ground and iOS and in 2016 RIM decided to cease competing in the smartphone market directly and focus on making security software.

It was around this time that Chinese technology company TCL, a brand well known for its TVs, decided to own the license for the BlackBerry brand name and technology support agreement with BlackBerry Limited to make new BlackBerry smartphones. By this time, BlackBerry had also ditched its BlackBerry OS in favour of Android.

Under TCL's partnership BlackBerry made the DTEK50 and DTEK60 phones, and later the KEY series which includes the BlackBerry KEYone and KEY2 smartphones which had a reasonably sized touchscreen display and a signature BlackBerry keypad. These phones were designed and built by TCL and ran secure software by BlackBerry.

Is this the end of BlackBerry?

However, we may not see any more BlackBerrys being made, as TCL Communication's agreement contract ends this year.

BlackBerry in a thank you note to TCL has announced that its partnership with TCL will come to an abrupt end on August 31, 2020. This means that TCL will no longer have the rights to design, manufacture or sell BlackBerry-branded devices.

But, all is not lost for existing BlackBerry users as the company has assured that TCL will continue to provide support for BlackBerry's existing portfolio of phones, including customer service and warranty coverage until August 31, 2022 or for as long as local laws permit.

The legend lives on

Meanwhile, this isn't the end of BlackBerry as a company. The brand will continue to offer its enterprise services and continue to own QNX, a commercial real-time microkernel OS used in automotive applications. And it's possible that the legend of BlackBerry could rise from the dead if some other manufacturer decides to revive its smartphone division and that's what millions of BlackBerry fans are now hoping for. Until then, we will miss you, BB.

Texas

Vulture Vomit and Excrement Responsible for Denied Tower Permit

More than 40 citizens attended a public hearing in Poth City, TX last week to oppose an AT&T tower, reported the Wilson County News. Residents vehemently opposed the project being built by Skyway Towers, even presenting bags of vulture vomit to make their points.

After Skyway began construction near a residential area with no advance notice, neighbors investigated the situation. They found that Skyway was issued a regular building permit instead of completing the process for a specific use permit needed to construct a tower.

According to the County News, Mayor Chrystal Eckel issued a “stop work” order as soon as the issue was discovered. At the public hearing, resident Jesse James passed out the bags of vulture vomit to each council member and the mayor. He then explained the health hazards of vultures on communication towers.

Claims were made that “buzzards throw up in defense,” and “the poop and vomit are all over the towers and as far as 200 feet away.” James’ business partner Warren James commented that vultures are naturally attracted to these towers, and citizens’ health would be put at risk if one is built in the middle of Poth.

Other attendees voiced their concerns over health effects from the tower, especially on children, plus noise pollution, plus safety and negative impact on property values. Representatives from Skyway presented information about the proposed tower and its benefits, but residents said better service isn’t needed.

Regarding Skyway Towers’ application for the specific use permit, it was unanimously denied based on “the odors, debris, and feces of the buzzards and the undesirable hazardous condition that could happen.” Councilman Chuck Morris added “interference with reasonable use and enjoyment” to the motion. The County News reported Mayor Eckel anticipates an appeal from Skyway Towers.

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.

Commissioner Rosenworcel Notes “Major Changes” to RDOF Order Prior to Approval

During her remarks at the FCC’s Open Meeting of January 30, Commissioner Rosenworcel scolded the FCC for “rushing” broadband funding with the Rural Development Opportunity Fund item, and indicated some apparently substantial changes were made to the document since the public draft was made available.

Specifically, she said:

“Late last night, we saw major changes to this decision. We have changed misguided policies involving letters of credit but made new ones up on the fly. We have twisted ourselves to include state broadband efforts without understanding where they are and what it means. We are also in such a rush we didn’t try to fix holes in the FCC data with a meaningful challenge process. Instead of a robust challenge process where [the public can] tell the agency they have it wrong, we have come up with one that shuts them out.”

The final language of the item is not yet available.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Headlines

FCC Concludes Sharing of Consumers’ Real-Time Location Data Violates Federal Law

After an extended investigation, the FCC Enforcement Bureau has concluded that at least one wireless carrier apparently violated U.S. law by improperly disclosing consumers’ location data. FCC Chairman Ajit Pai announced the agency’s conclusion in a January 31 letter to Congress. While the letter did not identify any carriers by name, it confirmed that one or more Notice(s) of Apparent Liability for Forfeiture would be issued in the coming days in connection with the apparent violation(s).

“I am committed to ensuring that all entities subject to our jurisdiction comply with the Communications Act and the FCC’s rules, including those that protect consumers’ sensitive information, such as real-time location data,” said Chairman Pai.

The security of consumers’ real-time location data is an issue that gained widespread attention in 2018 after press reports revealed that carriers including T-Mobile, Sprint and AT&T were selling phone geolocation services to outside companies. While it is common knowledge that law enforcement agencies can track phones with a warrant to service providers or through the use of IMSI catchers (also known as “Stingrays”), what journalists found was that data made available to asset tracking and other legitimate enterprise location service providers was being resold to a host of different private industries, ranging from car salesmen and property managers to bail bondsmen and bounty hunters, with little or no oversight. Compounding this already highly unscrupulous business practice, this data was then being leaked and/or resold to black market data brokers.

An investigation by Senator Ron Wyden (D-Ore.) into the commercial relationships between Verizon and a pair of obscure data vendors found that one of Verizon’s indirect corporate customers, a prison phone company called Securus, had used Verizon's customer location data in a system that effectively let correctional officers spy on millions of Americans. Shortly after the reports surfaced, Verizon, AT&T and Sprint announced that they would no longer share customers’ location data with third-party companies who failed to adequately protect the data. The FCC took up the matter in early 2019 after FCC Commissioner Jessica Rosenworcel sent letters to major phone companies to confirm whether they lived up to their commitments to end these location aggregation services.

Commissioner Rosenworcel criticized the agency for its delay in taking enforcement action in a written statement.

“For more than a year, the FCC was silent after news reports alerted us that for just a few hundred dollars, shady middlemen could sell your location within a few hundred meters based on your wireless phone data. It’s chilling to consider what a black market could do with this data. It puts the safety and privacy of every American with a wireless phone at risk.

Today this agency finally announced that this was a violation of the law. Millions and millions of Americans use a wireless device every day and didn’t sign up for or consent to this surveillance. It’s a shame that it took so long for the FCC to reach a conclusion that was so obvious.”

BloostonLaw Contacts: Mary Sisak and Sal Taillefer.

Recent CATV Changes to Cable Operation Notices

The FCC has recently adopted requirements that require all cable operator notices to broadcasters to be sent via email after July 31, 2020. Cable operators and broadcasters were previously required to establish and exchange a contact email address and telephone number for must carry and retransmission consent communications by July 31, 2020. The additional notices subject to mandatory email delivery after July 31, 2020 include: (a) notices of broadcast station or cable system service commencement or activation; (b) notices of broadcast signal deletion or repositioning on cable systems; (c) notices of cable system integration (which require uniform carriage elections); and (e) notices that the number of cable subscribers has grown to exceed 1,000 (which triggers network non-duplication and syndicated exclusivity rights).

In addition, comment to the Office of Management and Budget (OMB) has been requested by March 5, 2020, on several FCC information collections associated with cable television rule changes. These changes include: (1) a clarification that the performance testing required by Section 76.601(b) of the FCC Rules applies only to cable systems that deliver analog signals and requires the testing only of analog channels; (b) a requirement that cable systems transmitting certain digital signals in the aeronautical radio frequency bands (108-137 MHz and 225-400 MHz) must notify the FCC on FCC Form 321 before beginning to transmit such signals; and (c) certain minor editorial changes to the rule requiring broadcasters entering into contracts containing syndicated exclusivity protection to notify affected cable systems within 60 calendar days of signing such contract [Rule 76.105(b)] and to the rule requiring cable operators to notify the FCC on FCC Form 324 of certain changes in the cable operator’s ownership, name, address or operational status within 30 days of such change [Rule 76.1610].

BloostonLaw Contact: Gerry Duffy.

Clock Phase Bidding Completed in Millimeter Wave Auction No. 103

Clock phase bidding in the FCC’s auction of licenses in the Upper 37 GHz, 39 GHz and 47 GHz bands (Auction 103) concluded on Thursday, January 30th following 104 rounds. Bidding in the auction began on December 10th. Gross proceeds in the clock phase reached $7.56 billion.

A total of 34 license blocks of 100 megahertz each were available for bidding across 416 Partial Economic Areas (or PEAs), and bidders won all but two of the 14,144 available licenses. Clock phase winners will now have the opportunity to bid for frequency-specific licenses in the assignment phase of Auction 103, which begins on Tuesday, February 18, 2020. The FCC will conduct an assignment phase mock auction on Thursday, February 13, 2020.

The identity of winning bidders will be made public by the FCC after assignment phase bidding is completed and post-auction license payments have been made.

Auction 103 applicants are reminded that the prohibited communications rule remains in place for all auction applicants (including those that were not successful bidders) until the deadline for winning bidders in Auction 103 to submit down payments.

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

FCC Initiates Hearing Aid Compatibility Proceeding

On January 30, the FCC adopted a Notice of Proposed Rulemaking proposing to update its rules to incorporate the latest American National Standards Institute (ANSI) standard for evaluating whether a handset is hearing aid compatible, which was issued in 2019. Comment and reply comment deadlines have not yet been established.

Per the NPRM, during a proposed two-year transition period, handsets could be tested for compatibility under either the 2011 ANSI standard that is currently in the rules or the new 2019 ANSI standard. After the transition, the Notice proposes that only the new 2019 ANSI standard could be used. The Commission also proposes to adjust its current volume control deadline to coincide with the end of the transition period. In addition, the Commission proposes to remove unnecessary or superseded rules and seeks comment on ways to simplify and update its hearing aid compatibility rules.

BloostonLaw Contact: Cary Mitchell.

FCC Announces Priority Window for Rural Tribes to Apply for 2.5 GHz Spectrum

On February 3, the FCC announced that the Tribal priority window has officially opened for federally recognized Tribes and Alaska Native Villages to apply for spectrum in the 2.5 GHz band. Through the first-of-its-kind priority window, Tribes can obtain 2.5 GHz spectrum for free before any commercial auction. The Rural Tribal Priority Window opened today, February 3, 2020, and will close on Monday, August 3, 2020. Following the Tribal priority window, the remaining unassigned 2.5 GHz spectrum will be made available for commercial use through a spectrum auction.

“My travels throughout Indian Country have shown me that bringing high-speed connectivity to rural Tribal lands can be a game-changer,” said FCC Chairman Ajit Pai. “That’s why I’m proud to extend this unique opportunity for Tribes in rural areas to access critical mid-band spectrum and provide digital opportunity to those living on Tribal lands. This is the first time in the FCC’s history that we have ever given Tribal entities a priority window to obtain spectrum licenses for wireless broadband. I hope that they will take advantage of it.”

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

FCC Extends Comment Deadline for Vertical Location Accuracy Proceeding to February 21

On February 4, the FCC issued an Order granting a Joint Petition for Extension of Comment and Reply Comment Deadlines (Joint Petition) submitted by the Industry Council for Emergency Response Technologies (iCERT), the National Association of State 9-1-1 Administrators (NASNA); NENA: The 9-1-1 Association (NENA); the Texas 9-1-1 Alliance; and the Texas Commission on State Emergency Communications (collectively, Petitioners), seeking to extend the comment and reply comment deadline for the FCC’s Fifth Further Notice of Proposed Rulemaking in PS Docket No. 07-114. Comments are now due February 21, and reply comments are now due March 20.

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC adopted a 3-meter z-axis 911 location accuracy metric to be implemented by the April 2021 and 2023 vertical accuracy deadlines. Given the likelihood that vertical location technology will continue to improve, the FCC also sought comment on whether to establish a long-term timeline for migrating to a more stringent z-axis metric than 3 meters, and ultimately whether to require CMRS providers carriers to deliver floor level information in conjunction with wireless indoor 911 calls. The FCC also proposed to amend the rules to expand on the current options for demonstrating deployment of z-axis or dispatchable location capability.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Law and Regulation

Comment Sought on Petitions for Reconsideration of Digital Opportunity Data Collection

On January 30, the FCC published notice in the Federal Register of Petitions for Reconsideration (Petitions) filed by INCOMPAS and Microsoft Corporation on the Report and Order and Second Further Notice of Proposed Rulemaking of August 6, 2019 in WC Docket Nos. 19-195 and 11-10. Oppositions to the Petitions must be filed on or before February 14, 2020. Replies to an opposition must be filed on or before February 10, 2020.

Specifically, Microsoft seeks reconsideration of the Commission’s decision to not immediately amend the Form 477 instructions to include the new Digital Opportunity Data Collection (DODC) definition of where broadband service is available, so as to immediately align the two FCC broadband data collections. INCOMPAS seeks reconsideration of the FCC’s decision to reject its request that only broadband providers using their own last-mile facilities to provide broadband service be required to file polygons of their service areas.

As we reported in a previous edition of the BloostonLaw Telecom Update, in August of last year the FCC adopted the DODC, which requires all broadband service providers to submit granular maps of the areas where they have broadband-capable networks and make service available. At this time, the new data collection obligations are limited to fixed broadband providers at present. (The FCC separately sought comment on how best to incorporate mobile wireless coverage data into the DODC).

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

FCC Proposes $12.9 Million Forfeiture for Spoofing and Robocalling

On January 31, the FCC released a Notice of Apparent Liability for Forfeiture proposing a $12,910,000 forfeiture for more than 6,000 unlawful spoofed robocalls between May 2018 and December 2018. Specifically, the FCC found that Mr. Scott Rhodes altered his caller ID information to appear as local numbers as part of his campaign to send provocative prerecorded voice message calls. The Commission identified six distinct calling campaigns, each of which targeted voters in districts during political campaigns or residents in communities that had experienced major news events relating to or involving white nationalism, immigration, or other public controversies:

• California — The caller apparently made 1,496 spoofed robocalls in May 2018 about the state’s U.S. Senate primary. Among other things, the calls attacked the incumbent U.S. Senator’s Jewish heritage using an anti-Semitic trope accusing her of dual loyalties.
• Florida — The caller apparently made 766 spoofed robocalls in October 2018 to make racist attacks about a Florida gubernatorial candidate. The robocalls falsely claimed to be from the candidate and used “a caricature of a black dialect” with jungle background noises.
• Georgia — The caller apparently made 583 spoofed robocalls in November 2018 to make racist calls attacking a Georgia gubernatorial candidate. The calls pretended to be from Oprah Winfrey and concerned a racist and anti-Semitic conspiracy theory.
• Idaho — The caller apparently made 750 spoofed robocalls in September 2018 to residents of Sandpoint, Idaho. The calls attacked the local newspaper, the Sandpoint Reader, and its publisher, after the paper had exposed the identity of the caller as the robocaller involved in other calling campaigns. The calls in Sandpoint identified the publisher by name and threateningly called on residents to “Burn out the cancer.”
• Iowa — The caller apparently made 827 spoofed robocalls in August 2018 following the murder of a local college student and the arrest of an illegal alien from Mexico for the crime. The calls were directed at Brooklyn, Iowa residents and used the town’s local phone number code information. The calls talked about a “brown horde” or “savages” and said the murder victim would have said to “Kill them all.” Those who received these calls included the victim’s family members.
• Virginia — The caller apparently made 2,023 spoofed robocalls in November and December 2018 to residents of Charlottesville, Virginia during the trial of James Fields who was charged with murdering Heather Heyer by driving an automobile into a crowd of protesters. The calls articulated a racist and anti-Semitic conspiracy theory, which blamed local officials for the crime. The timing of the calls suggests an attempt by the caller to influence the jury. The judge questioned the jurors about the robocalls and explicitly instructed the jury pool to ignore the robocalls.

The FCC calculated the proposed forfeiture by assessing a base forfeiture of $1,000 per each apparently unlawful call. Staff analyzed six distinct calling campaigns made by Rhodes. The FCC apply the base forfeiture to all 6,455 robocalls made across the six campaigns, then upwardly adjust the proposed amount to reflect the egregiousness of the specific facts here.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

FCC Announces $31 Million Settlement Over Rural Health Care Violations

On February 5, the FCC issued a Press Release announcing that it has entered into a 31 million settlement with TeleQuality Communications for violating competitive bidding and rate rules and overbilling the FCC’s Rural Health Care Program. The settlement requires TeleQuality to provide the Universal Service Fund with $31 million worth of repayments and forfeitures of payment claims as a sanction.

Over a four-year period, from 2015-2018, the company admits to using fabricated sales quotes as urban rates and failing to use FCC-required methods for determining rural rates. In violation of competitive bidding rules, TeleQuality assisted health care providers in creating the bid evaluation criteria and bid matrices against which TeleQuality’s bids would be judged. They also provided improper incentives like free routers and other equipment to providers to encourage them to award TeleQuality the contracts. In addition, from 2010 to 2019, TeleQuality improperly reported its revenues in an attempt to shield itself from contributing to the Universal Service Fund.

“The FCC is determined to root out waste, fraud, and abuse in our Universal Service Fund programs, including the Rural Health Care program. This settlement will put participants in our Rural Health Care program and other USF programs on notice—they can’t get away with diverting and misusing taxpayer funds meant to benefit American consumers by closing the digital divide,” said Chairman Pai. “We have made combating abuse of our programs a priority and, to that end, we established a Fraud Division within the Enforcement Bureau dedicated to that fight. I thank the Bureau staff for their hard work and dedication to protecting the integrity of the Rural Health Care program.”

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Industry

FCC Announces Staff Changes in Office of Economics and Analytics

On January 29, FCC Chairman Ajit Pai announced his intent to appoint Margaret Wiener as Associate Chief of the Office of Economics and Analytics, Evan Kwerel as Senior Economic Advisor to the OEA Chief, and Jonathan Campbell as Chief of OEA’s Auctions Division. Ms. Wiener, Dr. Kwerel, and Mr. Campbell served previously as Chief of the Auctions Division, Senior Economic Advisor in the Economic Analysis Division, and Acting Special Counsel in OEA, respectively.

“Margy and Evan’s combined 55 years of experience, expertise, and leadership at the Commission make them outstanding additions to OEA’s front office,” said Chairman Pai. “And Jonathan’s spectrum policy and licensing expertise will be invaluable as the Auctions Division continues its important work addressing various Commission priorities. I appreciate their eagerness to take on new challenges.”

OEA is responsible for expanding and deepening the use of economic analysis into Commission policymaking, for enhancing the development and use of auctions, and for implementing consistent and effective agency-wide data practices and policies.

Ms. Wiener has been Chief of what is now known as the Auctions Division in OEA since December 2000. She has overseen over three-quarters of the Commission’s auctions and received the FCC’s Gold Medal Award for Distinguished Service. Dr. Kwerel has worked on a broad range of spectrum policy issues, including the development of the Commission’s innovative simultaneous multiple round auction methodology and the Broadcast Incentive Auction. Mr. Campbell joined OEA from the Wireless Telecommunications Bureau, where he served as an Attorney-Advisor in the Broadband Division and then as Legal Advisor in the Office of the Bureau Chief.

Deadlines

MARCH 2: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2019, is due March 1. The form covers the period July 1 to December 31, 2019, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. Because March 1 is a Sunday this year, this filing is due March 2. If you do not receive the form, please contact the firm.

BloostonLaw Contact: Gerry Duffy. MARCH 2: CPNI ANNUAL CERTIFICATION. Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2020. The certification must be filed with the FCC by March 2, because March 1 is a Sunday this year. Note that the annual certification should include the following three required Exhibits: (a) a detailed Statement Explaining How The Company’s Operating Procedures Ensure Compliance With The FCC’S CPNI Rules to reflect the Company’s policies and information; (b) a Statement of Actions Taken Against Data Brokers; and (c) a Summary of Customer Complaints Regarding Unauthorized Release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and file the certification with the FCC in the correct fashion. Our clients can forward the original to BloostonLaw in time for the firm to make the filing with the FCC by March 1, if desired. BloostonLaw is prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance manual should contact the firm.

BloostonLaw Contacts: Gerry Duffy

MARCH 2: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census. Because March 1 is a Sunday this year, this filing is due March 2.

Specifically, three types of entities must file this form:

1. Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections — which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction — must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial and satellite mobile wireless service providers, BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.)
2. Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs).
3. Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license that it manages, or for which it has obtained the right to use via lease or other arrangement with a Band Manager.

BloostonLaw contacts: Ben Dickens and Gerry Duffy.

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis exemption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service.

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

APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that:

1. states the company has procedures in place to meet the record-keeping requirements of Part 14 of the Rules;
2. states that the company has in fact kept records for the previous calendar year;
3. contains contact information for the individual or individuals handling customer complaints under Part 14;
4. contains contact information for the company’s designated agent; and
5. is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company.

BloostonLaw Contacts: Gerry Duffy, Mary Sisak, Sal Taillefer.

Calendar At-a-Glance

February
Feb. 6 – Comments are due on Cable Service Charge Notification NPRM.
Feb. 11 – Reply comments are due on Consent Requirements for Wireless Carrier Marketing Messages.
Feb. 12 – Comments are due on Truth-in-Billing for VoIP proceeding.
Feb. 21 – Comments are due on Vertical Location Accuracy.
Feb. 21 – Comments are due on Removing Radiolocation/Amateur Allocations in 3.3-3.5 GHz Band.
Feb. 24 – Comments are due on Reassigned Numbers Database Technical Requirements.
Feb. 25 – Reply comments are due on Lifeline Reforms.
Feb. 21 – Reply comments are due on Cable Service Charge Notification NPRM.
Feb. 28 – Reply comments are due on Robocall Blocking Report.

March Mar. 2 – Copyright Statement of Account Form for cable companies is due.
Mar. 2 – Annual CPNI Certification is due.
Mar. 2 – FCC Form 477 (Local Competition & Broadband Reporting) is due.
Mar. 2 – Annual 700 MHz Guard Band / 220 MHz Band Manager Report is due.
Mar. 3 – Reply comments on Supply Chain Prohibitions FNPRM are due.
Mar. 9 – Comments are due on All-Digital AM Broadcasting NPRM.
Mar. 9 – Reply comments are due on Reassigned Numbers Database Technical Requirements.
Mar. 13 – Reply comments are due on Truth-in-Billing for VoIP proceeding.
Mar. 20 – Reply comments are due on Vertical Location Accuracy.
Mar. 23 – Reply comments are due on Removing Radiolocation/Amateur Allocations in 3.3-3.5 GHz Band.
Mar. 31 – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.

April
Apr. 1 – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due.
Apr. 1 – Annual Accessibility Certification is due.
Apr. 6 – Reply comments are due on All-Digital AM Broadcasting NPRM.

“Fit As A Fiddle”

Avalon Jazz Band

(Singin' In the Rain)

MENSA MEMBER

If you are curious about why I joined Mensa, click here .

Brad Dye
P.O. Box 266
Fairfield, IL 62837 USA

CONTACT INFO & LINKS

Skype: braddye
Twitter: @BradDye1
Telephone: +1-618-599-7869
E–mail: brad@braddye.com
Wireless: Consulting page
Paging: Home Page
Marketing & Engineering Papers
K9IQY: Ham Radio Page

Amateur Radio
K9IQY

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