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Welcome Back ToThe Wireless Messaging NewsAT&T slashed billions from network spending, cut tens of thousands of jobsDespite government favors, AT&T capital spending and employment keep declining.JON BRODKIN - 1/30/2020, 2:55 PM
AT&T slashed capital expenditures by more than $1.6 billion in 2019 and projects a capital-investment cut of more than $3 billion in 2020. AT&T's capital expenditures for the full year of 2019 totaled $19.64 billion, down from $21.25 billion in 2018, an AT&T investor briefing released yesterday said. The broadband industry and Federal Communications Commission officials have used capital expenditures as a measure of broadband-network investment and have claimed that eliminating net neutrality rules and other regulations would cause such investment to rise. But some of the biggest ISPs, such as Comcast and Charter, have been reducing capital expenditures despite getting their sought-after net neutrality repeal and a large corporate tax cut. As we reported in October, AT&T has been warning of a $3 billion cut in capital investment to come in 2020, which would reduce the amount it spends on upgrading and expanding wireline and mobile broadband networks. The company reiterated that guidance and discussed its plans in its earnings report yesterday. The planned cut is based on a slightly different measure that AT&T calls "gross capital investment," which includes the $19.64 billion in capital expenditures plus "cash payments for vendor financing" and spending on FirstNet, a public-safety network AT&T is building with a government contract. AT&T said that this vendor financing is generally excluded from capital expenditures and reported separately as financing activities, but AT&T has started reporting its capital-spending numbers both with and without the long-term financing. AT&T said its gross capital investment in 2019 was $23.7 billion, which AT&T said meets its goal of spending in the "$23-billion range." In 2020, AT&T said its goal is much lower, with gross capital investment somewhere in the "$20-billion range," likely resulting in a cut of more than $3 billion. Vendor-financing payments are expected to make up about $3 billion of that $20 billion. In an earnings call yesterday, AT&T CEO Randall Stephenson said the "board has developed a very thoughtful capital allocation approach that will maintain a solid balance sheet and drive shareholder value." Despite tax break, another 20,000 job cutsIn addition to the drops in capital spending, AT&T continues cutting jobs despite Stephenson previously claiming that AT&T would use a corporate tax break to create "7,000 hard-hat jobs." As we noted in a story yesterday, AT&T had 247,800 employees at the end of 2019, down from 268,220 one year earlier. That's a 7.6 percent drop in employment. The new earnings report "shows that AT&T continues to cut jobs and reduce capital expenditures even as the company announced record operating and free cash flow for 2019 and more than $5 billion in stock buybacks in the past four months," the Communications Workers of America (CWA) union said in a statement. "The company has cut 37,818 jobs since the Tax Cuts and Jobs Act (TCJA) went into effect in 2018, including 4,040 in the fourth quarter of 2019." AT&T notified the union last week "of its plans to cut an additional 200 technician positions in California on February 14, 2020," the CWA said. Verizon reported earnings today, saying that its capital expenditures rose from $16.7 billion in 2018 to $17.9 billion in 2019. Verizon said its capital spending in 2020 will be "in the range of $17 billion to $18 billion." Verizon's number of employees dropped from 144,500 at the end of 2018 to 135,000 at the end of 2019. [source] |
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.
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Paging Transmitters 150/900 MHz The RFI High Performance Paging Transmitter is designed for use in campus, city, state and country-wide paging systems. Designed for use where reliable simulcast systems where RF signal overlap coverage is critical.
Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022
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Apple is officially done rebuilding its maps in the US The next step? Remapping Europe.
To say Apple Maps stumbled out of the gate is putting it mildly; it quickly became an Internet punchline when it launched in 2012, and left the company with the unenviable job of fixing it. Since then, Apple has been rebuilding the most fundamental part of the experience — the base maps themselves — and today the company says it's finally done. Well, in the United States, anyway. Getting to this point was no small feat. It's been nearly a year and a half since Apple announced its plans, but even before that, a fleet of LIDAR-equipped vans was criss-crossing the United States to capture as much detailed location data as possible. To gather even more geographical context, Apple also captured map data from the air, though it's not clear how many planes the company employed for this work. While Apple wouldn't confirm any increases in budget or staff to make all of this possible, the company's investment in the project seems significant, and there's still more to come. The big push to re-map the United States is now officially done, but Apple has earmarked some of its LIDAR vans for maintenance runs — that is, they'll continue to roam on roads to make sure that hard-won data remains up to date. The end result is a more accurate set of maps that you might have already been looking at — the company has been pushing them live around the country for at least the past six months. There are a few telltale signs to look out for if you're not sure: Coastlines are more accurately represented, as are buildings like airports and malls. When we reviewed iOS 13, we also noticed more nuanced street-level data; there were more street labels on-screen compared to Google Maps, and more streets had traffic direction indicators. That might not sound like a big deal, but it's really helpful when trying to orient yourself when you're emerging from the subway. So, yes, your maps might look a little better at a glance. Ultimately, though, the real value of Apple's work here is that it has direct control over all of that map data. Let's say corrections or additions (like new roads) need to be made. Unlike in years past, when it had to petition a third-party data provider to make a fix that could take months to complete anyway, Apple can go in and make the changes itself. The general turn-around time? Just a few days. With all that said, Apple isn't completely going it alone in Maps. The underlying location data is 100% Apple, but it still works with partners to fold in data for transit schedules and other things. It's worth noting that the new maps are pretty broadly accessible, too. You'll get the most out of them if in iOS 13, which leans on the improved location data for faster navigation and search results. iOS 13 also packs Look Around, Apple's Street View rival, though it unfortunately still only works in a handful of cities. Still, the base maps themselves should be available to most people currently using iOS, so even those who aren't using the latest software should notice a difference. Whether Apple Maps is worth embracing over Google Maps is still a matter of opinion, though it's fair to say the latter still packs functionality that Apple struggles with. (Apple Maps' support for transit directions, for example, is pretty lacking.) Despite that, this new Maps experience is a clear step forward — we'll just have to see if people decide to give it a chance. |
| Source: | engadget |
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Internet Protocol Terminal The IPT accepts Internet or serial messaging using various protocols and can easily convert them to different protocols, or send them out as paging messages. An ideal platform for hospitals, on-site paging applications, or converting legacy systems to modern protocols.
Additional/Optional Features
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
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Paging Data Receiver PDR-4 The PDR-4 is a multi-function paging data receiver that decodes paging messages and outputs them via the serial port, USB or Ethernet connectors. Designed for use with Prism-IPX ECHO software Message Logging Software to receive messages and log the information for proof of transmission over the air, and if the data was error free.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
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Microsoft finally fixes broken File Explorer on Windows 10By Mayank Parmar — January 29, 2020
Windows 10’s November 2019 Update, also known as version 1909, is a service pack like-update with fixes and improvements, but even the November 2019 Update isn’t perfect for many consumers. Many people are seeing annoying problems with File Explorer’s search box after deploying Windows 10 November 2019 Update. Microsoft said that November Update includes a new feature that adds online results from services like OneDrive to File Explorer’s search box, and it also enables suggestions in the search box. Our findings revealed that Microsoft broke the File Explorer when integrating its new search experience. After delaying the patch for almost two months, Microsoft has finally shipped Windows 10 KB4532695 with fix for all your File Explorer and Control Panel issues. In the changelog, Microsoft noted that January 28 update addresses an issue that prevents File Explorer’s search bar from receiving user input. Another bug has been resolved that prevented everyone from pasting copied text into the search bar with mouse’s right-click.
Microsoft’s Windows Insider team were aware of File Explorer problems and they fixed it in beta Build 19013, which was released on October 29, but Microsoft officially shipped November 2019 Update with this bug on November 12, apparently creating another mess. Windows 10 update with File Explorer fix is currently rolling out to seekers or those who manually check for updates and select ‘Download and install now’ option. If you don’t want to install this particular update, you can fix your File Explorer issues with February Patch Tuesday release. Current status of November 2019 UpdateWindows 10 November 2019 Update is deliberately low-key with a limited set of improvements rather than a boatload of new features. Some people have described this release as a service pack with small and subtle changes. Microsoft is expected to release another November 2019 Update-like service pack codenamed ’20H2′ later this year. |
| Source: | Windows Latest |
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Remote AB Switches ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands. ABX-1 ABX-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems. ABX-3 Common Features:
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
Kuo: Apple to Launch AirTags, Small Charging Mat, New iPads and Macs, High-End Headphones, and More in First Half of 2020Wednesday January 29, 2020 8:12 am PST by Joe Rossignol Apple plans to release several new products in the first half of 2020, including Ultra Wideband tags, high-end wireless headphones, a 4.7-inch iPhone, refreshed iPad Pro models, and refreshed MacBook Pro and/or MacBook Air models, according to the latest forecast from well-known Apple analyst Ming-Chi Kuo.
"We forecast that Apple's major new hardware products in 1H20 include the 4.7-inch LCD iPhone, iPad Pro, MacBook Pro/Air, smaller wireless charging mat, UWB tag, and a high-end Bluetooth headphone," wrote Kuo in a research note with TF International Securities, a copy of which was seen by MacRumors. Our insight on these products:
Farther out, Kuo said the worst scenario for Apple related to the new coronavirus outbreak would be postponing the qualification and mass production schedules for new products in the second half of the year. "If there are no significant improvements regarding the coronavirus epidemic in the foreseeable future, we predict that Apple may delay new material adoptions or lower test requirements for components to shorten qualification processes and launch new products in 2H20 on schedule, and the lower spec will likely hurt the ASP of materials or components," wrote Kuo. |
| Source: | MacRumors |
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Commissioners Spar as FCC Votes on Rural Broadband SubsidiesBy Leslie Stimson, Inside Towers Washington Bureau ChiefThe FCC Thursday voted on final rules to create the $20.4 billion Rural Digital Opportunity Fund, subsidies that Chairman Ajit Pai announced last year at the White House. Through a two-phase reverse auction mechanism, the agency will direct up to $20.4 billion over 10 years to finance up to gigabit speed broadband networks in unserved rural areas. The vote was contentious, with Democrats opposing parts of the plan, saying it leaves out at least one state and relies on bad broadband maps. Commissioner Brendan Carr praised the item’s attention on those who need broadband most. “I proposed we focused first on communities that have either dial-up or nothing.” Carr praised changes to Letters of Credit carriers need from lending institutions to qualify for the money. Before the change, the letters represented “over $600 million more than necessary” to be spent on fees, “which would have decreased [the] chances of building out. So, rather than tying up scarce dollars, we have more capital to go directly into the ground, building Internet infrastructure,” Carr explained. Commissioner Jessica Rosenworcel blasted the reliance on the FCC’s outdated broadband maps to determine which areas are eligible for the funding. She referenced a woman in upstate New York who led residents to survey broadband availability in their town to, “prove to local, state and federal authorities that they do not have the infrastructure they need to succeed in the digital age. Let’s salute them for their grit, savvy and persistence. But it shouldn’t have to be this way.” Rosenworcel said stridently: “The FCC should know where service truly is and is not. We need maps before money and accurate data before deployment.” She said major changes were made to the order the night before the vote, “without understanding” the ramifications. The item, Rosenworcel said, “was guided by the desire to rush” the order “out the door, claim credit and declare our broadband problems solved.” Rosenworcel also took issue with the FCC’s recent decision to leave New York out of Phase 1 of the fund, because of previously established programs to fund rural broadband in that state. Before the vote, Sen. Chuck Schumer (D-NY) wrote to Chairman Pai in protest, Inside Towers reported. Commissioner Michael O’Rielly said: “I applaud the Chairman for refusing to cave to demands of certain self-serving politicians to use our funds to overbuild. To claim that New York is being short-changed is ludicrous.” Chairman Pai said during the vote the need is urgent: “I cannot condone spending funds on areas that already have broadband.” As for the agency’s maps, he said: “Last August, the FCC adopted the digital opportunity data collection, a new look at brand mapping to collect granular price and crowd source data so we can target support to those in partially served areas in Phase II of the fund.” The Commission recognizes that based on new broadband availability information, changes may need to be made for Phase II of the fund, Pai explained. “But none of these questions [of] who is in Phase Two, or how much it will cost to serve them, undercuts our obligation to ensure millions we know are unserved have something. I do not stand for delaying digital opportunity for millions of Americans any longer. I can’t wait to see the auction begin later this year.” Pai read aloud the names of several organizations that support the fund, including the National Association of Tower Erectors. (Read more about that and reaction from other telecom associations here.) The first phase of the Rural Digital Opportunity Fund will begin later this year and target census blocks that are wholly unserved with fixed broadband at speeds of at least 25/3 Mbps. Phase 1 would make available up to $16 billion to census blocks where existing data shows there is no such service. The Rural Digital Opportunity Fund auction will prioritize networks with higher speeds, greater usage allowances, and lower latency. To support the deployment of sustainable networks in this auction, the auction will prioritize bidders committing to provide fast service with low latency. |
| Source: | Inside Towers newsletter | Courtesy of the editor of Inside Towers Jim Fryer. Inside Towers is a daily newsletter by subscription. |
| BloostonLaw Newsletter |
Selected portions [sometimes more — sometimes less — sometimes the whole updates] of the BloostonLaw Telecom Update and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP — are reproduced in this section of The Wireless Messaging News with kind permission from the firm. The firm's contact information is included at the end of this section of the newsletter.
FCC Adopts Uniform Deployment and Reporting Deadlines for CAF Phase II Auction SupportOn January 27, the FCC issued an Order establishing uniform deadlines for all recipients of CAF Phase II auction funding. Service milestone deadlines for all CAF Phase II auction support recipients will fall at the end of the calendar year, and annual location filing and certification deadlines will fall on March 1 of the years following the milestone deadlines. See the full article below for more information. BloostonLaw Contacts: Ben Dickens and Sal Taillefer. HeadlinesFCC Reestablishes Deployment and Reporting Deadlines for CAF Phase II Auction SupportOn January 27, the FCC issued an Order establishing uniform deadlines for all recipients of CAF Phase II auction funding. Service milestone deadlines for all CAF Phase II auction support recipients will fall at the end of the calendar year, and annual location filing and certification deadlines will fall on March 1 following milestone deadlines. Previously under the Commission’s rules, certain deadlines applicable to CAF Phase II auction support recipients were based on the start of the funding year (i.e., when support payments to the recipients commenced). For example, a carrier receiving CAF Phase II auction support is required to complete construction and commercially offer service to 40% of its required locations in a state by the end of the third twelve-month period of funding authorization, an additional 20% in each subsequent year, and 100% by the end of the sixth year. Now, the service milestones for all CAF Phase II auction support recipients will be as follows:
Given the changes to the service milestone deadlines, the FCC also modified the deadline for auction support recipients to annually report location information with USAC through the High-Cost Universal Broadband (HUBB) portal, and to certify that they have met their interim service milestones and are meeting the requisite public interest obligations. Previously, such filings were due “by the last business day of the second calendar month following each relevant service.” Now, they are due March 1 following each service milestone, as is already the case for CAF Phase II model-based support, as well as rate-of-return carriers receiving both A-CAM and legacy support. According to the FCC, the varied deadlines established as a result of rolling authorizations may create confusion amongst some support recipients as to the appropriate applicable deadlines. BloostonLaw Contacts: Ben Dickens, Mary Sisak, and Sal Taillefer. FCC Approves SAS Administrators; Authorizes Full Commercial Deployment of 3.5 GHz CBRSOn Monday, the FCC certified four Spectrum Access System (SAS) Administrators, paving the way for full commercial operations and 5G wireless services in the 3.55-3.7 GHz band. This is significant, because the SAS serves as an automated “frequency coordinator” to manage spectrum sharing among three tiers of spectrum users in the CBRS band. SAS certification also paves the way for the auction of Priority Access Licenses (Auction 105) that is scheduled to begin on June 25, 2020. "[W]e certify that the SASs of CommScope, Federated, Google, and Sony comply with our rules, and we approve each SAS for commercial operation subject to ongoing compliance with the Commission’s rules," the FCC said. Prior to commercial availability, the 3.5 GHz CBRS band was used primarily by the Department of Defense (DoD), mostly for shipborne radar systems. To ensure that the DoD has continued access to the band, Environmental Sensing Capability (ESC) networks have been deployed along the U.S. coast. The ESC networks operated by CommScope, Federated Wireless, and Google inform the SAS administrators to activate a protection zone and dynamically reassign users in the area to other parts of the band, thus protecting DoD’s use of the spectrum while maximizing availability of CBRS spectrum across coastal areas. A press release issued by the CBRS Alliance offered some additional detail about the CBRS full commercial deployment news. The CBRS Alliance focuses on the development of 4G and 5G technology for use in the CBRS band. The Alliance also is responsible for the OnGo brand used for CBRS offerings. The CBRS Alliance estimates that the CBRS band will directly contribute as much as $15.6 billion to the U.S. economy, and that its actual value to consumers could be as much as $80-260 billion. The OnGo ecosystem is vast and opens a brand-new market for wireless communications and 5G services in the United States, touching rural broadband via fixed wireless providers (WISPs), enterprise IT, hospitality, retail, real estate, industrial IoT, and transportation, among other sectors. OnGo-compatible mobile devices that are on the market today include the Google Pixel 4, Motorola’s 5G Moto Mod, Samsung Galaxy S10, Apple iPhone 11, LG G8 ThinQ, and OnePlus 7 Pro. As part of its announcement, the FCC reminded 3650-3700 MHz Service licensees that their Part 90 operations will not be entitled to interference protection from CBRS operations beyond their current license term, and it encouraged them to contact SAS Administrators to discuss options for integrating their operations into CBRS. As it stands, April 17, 2020 is the deadline for most 3650-3700 MHz Service licensees to comply with the new Part 96 CBRS rules. The FCC has yet to rule on pending requests to extend the April 17, 2020 deadline, including a blanket request for waiver filed jointly by the Wireless Internet Service Providers Association (“WISPA”) and the United Technology Council (“UTC”). Clients that operate 3650-3700 MHz Service networks and that anticipate the need for additional time to upgrade their 3.5 GHz networks to meet Part 96 requirements should contact Cary Mitchell ASAP to discuss their options. BloostonLaw Contact: Cary Michell. Comments on Technical Requirements for Reassigned Numbers Database Due February 24On January 24, the FCC issued a Public Notice seeking comment on the Technical Requirements Document for the Reassigned Numbers Database (Database) recently approved by the North American Numbering Council (NANC). Comments are due February 24, and reply comments are due March 9. As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC adopted a Second Report and Order at the end of 2018 in which it established a single, comprehensive database that will contain reassigned number information from each provider that obtains North American Numbering Plan U.S. geographic numbers and toll-free numbers. The purpose of the Database is to enable a caller to determine whether a telephone number has been reassigned and thus avoid calling consumers with reassigned numbers who may not wish to receive their call. To establish the Database, the Commission directed the NANC, the Commission’s federal advisory committee on numbering issues, to develop a Technical Requirements Document for the Database for review by the Commission. The NANC approved its recommended Technical Requirements Document at its January 13, 2020. A copy of the Technical Requirements Document can be found here. BloostonLaw Contacts: Mary Sisak and Sal Taillefer. FCC Issues Compliance Advisory on Lifeline Usage RuleOn January 28, the FCC’s Office of Inspector General (OIG) issued an advisory letter regarding carrier failures to comply with the program’s usage rule. The usage rule states that ETCs shall only receive universal service support reimbursement for Lifeline service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage in accordance with the Commission’s rules. The OIG indicated that it has discovered evidence that some ETCs regularly sought and received Lifeline subsidies for accounts with no qualifying usage within the time frame required by the rule (historically, a 30- or 60-day period). OIG also has evidence ETCs have sought reimbursement for providing service to accounts that never had any qualifying usage. Other examples of usage rule violations include treating the following as qualifying usage:
The OIG therefore reminds ETCs to carefully scrutinize their usage monitoring and de-enrollment practices to ensure compliance with program rules. If ETCs discover usage problems, OIG reminds carriers of their obligation to take appropriate remedial measures, including amending past 497 filings and de-enrolling affected subscribers. The OIG stated that ETCs who defraud the USF by violating the program’s usage rule will be held accountable and may be subject to civil or criminal sanctions. BloostonLaw Contacts: Mary Sisak and Sal Taillefer. Law and RegulationFCC Eliminates Amortization Requirement for E-RateOn January 27, the FCC issued a Report and Order formally eliminating the E-Rate requirement to amortize over three years upfront, non-recurring charges of $500,000 or more, including charges for special construction projects. In eliminating the requirement, the FCC found that it increased costs for E-Rate supported builds and created uncertainty for applicants about the availability of E-Rate funding for the second and third years of the amortization cycle. Originally adopted in 2000, the amortization requirement was meant to address a concern that large upfront charges for non-recurring services—which are often charges for the construction of new or upgraded network infrastructure—could drain available E-Rate funding by diverting large sums to a limited number of applicants. In 2014, the Commission suspended the amortization requirement for funding year 2015 through funding year 2018, finding that the suspension would lower barriers to infrastructure investment, including fiber deployment, by allowing applicants to plan large construction projects with the knowledge that they (or their service provider) could recover the discounted portion of the non-recurring charges upfront instead of over a period of three years. In 2019, the FCC tentatively concluded that suspending the amortization requirement had encouraged the deployment of high-speed, low cost broadband networks by eliminating administrative barriers and making E-Rate funding more predictable. The formal elimination of the amortization requirement will be effective 30 days after the Report and Order is published in the Federal Register, but the suspension of that requirement originally implemented in 2014 will continue until the effective date. BloostonLaw Contacts: Gerry Duffy and Sal Taillefer. FCC Issues $16,000 Penalty for Unlicensed Operation in 3650-3700 MHz BandOn January 22, the FCC issued an Order assessing a $16,000 civil penalty against Brevard Wireless, Inc. dba Florida High Speed Internet (Brevard) for unauthorized operation in the 3650-3700 MHz band. In addition to the penalty, Brevard is required to implement a compliance plan. In February of 2019, the Commission received a complaint of harmful interference to a licensed Fixed Satellite Service Earth Station near Jacksonville, Florida, affecting the reception of satellite downlink transmissions in the 3700-4200 MHz band (3.7 GHz Band). Using direction-finding techniques, an FCC agent determined that the source of the interference was a transmission by a Brevard base station transmitting in both the 3.6 and 3.7 GHz Bands from antenna structure 1016457, near Jacksonville, Florida (Jacksonville Location). The agent also determined that Brevard was operating other base stations in the 3.6 GHz Band from antenna structure 1032488 near Saint Augustine, Florida (Saint Augustine Location). The agent contacted Brevard, which agreed to shut down these devices and confirmed with the complainant that the interference subsequently ceased. The agent then consulted the Commission’s records and confirmed that Brevard had not registered to operate at or near the Jacksonville or Saint Augustine Locations. Brevard admitted that it had operated base stations without authorization at the Jacksonville and Saint Augustine Locations and stated that it had turned off the base stations operating in the 3.6 and 3.7 GHz bands at those locations and subsequently registered the Jacksonville and Saint Augustine Locations for 3.6 GHz band operations. BloostonLaw Contacts: John Prendergast and Cary Mitchell. President Trump Signs PIRATE Act into LawOn January 24, President Trump signed the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE) Act into law. The PIRATE Act, which was reintroduced by Reps. Paul Tonko (D-N.Y.) and Gus Bilirakis (R-FL) in early 2019, gives the FCC authority to levy fines of up to $100,000 per violation and $2 million in total. It also streamlines the enforcement process; requires the FCC to conduct mandatory pirate radio enforcement sweeps in cities with the highest concentration of pirate radio use; and seeks to ensure more coordination among federal, state and local law enforcement. In a statement, FCC Chairman Ajit Pai said: “Pirate radio is unlawful, period. These transmissions can interfere with licensed radio signals—including broadcasters’ sharing of vital public safety information with their communities. To enforce the law and protect American radio listeners and lawful businesses, the FCC has made a concerted effort in recent years to step up our enforcement efforts against pirate radio stations. I’m very proud of this work—led by our Enforcement Bureau and its outstanding field staff.” Guard Band Licensee and Band Manager Annual Reports Due March 2On January 28, the FCC issued a Public Notice reminding 700 MHz Guard Band Licensees and 220 MHz Band Managers (“Licensees”) of their obligation to file timely annual reports on or before Monday, March 2, 2019. In the annual reports, Licensees must provide information about the manner in which the spectrum in each of their markets is being utilized. The information provided should accurately convey the current level of service being offered in each licensed area, including information regarding coverage provided by Licensees’ operations and any spectrum lease agreements. Failure to file an annual report as required may result in enforcement action. Licensees must file the required annual report information for each license held through the Commission’s Universal Licensing System (ULS). BloostonLaw Contact: Richard Rubino. IndustryFCC Issues Small Entity Compliance Guide for Truth in Caller ID RulesOn January 22, the FCC issued a Small Entity Compliance Guide for the recent Second Report and Order implementing RAY BAUM’S ACT. As we reported in a previous edition of the BloostonLaw Telecom Update, the Second Report and Order amends the Commission’s rules to encompass malicious spoofing activities directed at consumers in the United States from actors outside of our country and to expand the scope of covered communications services to reach caller ID spoofing using alternative voice and text messaging services. The Guide provides a brief overview of the amendments, their compliance requirements, and notes the compliance deadline of February 5. Although the guide is intended to help small entities comply with the revised rules, it does not replace or supersede the rules and is not exhaustive. At best, the content of the Small Entity Compliance Guide may be considered as evidence of reasonableness or appropriateness in the context of fines, penalties, or damages. DeadlinesFEBRUARY 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 Mary Sisak. FEBRUARY 1: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT. Any wireless or wireline carrier (including paging companies) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by February 1. Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. FEBRUARY 1: Live 911 Call Data Reports — Non-Nationwide Providers that do not provide coverage in any of the Test Cities must collect and report aggregate data based on the largest county within its footprint to APCO, NENA, and NASNA on the location technologies used for live 911 calls in those areas. Clients should obtain spreadsheets with their company’s compliance data from their E911 service provider (e.g., Intrado / West). BloostonLaw Contact: Cary Mitchell. 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:
BloostonLaw contacts: Ben Dickens and Gerry Duffy.
Calendar At-a-GlanceJanuary February March April
FCC Reaches $1.13 Million Settlement over Tower Lighting InvestigationThe FCC has announced an agreement with Scripps Broadcasting Holdings to settle an investigation into the monitoring practices of its obstruction lighting on various television towers it acquired last year from Cordillera Communications as part of much larger transaction. Under the settlement agreement, Scripps has agreed to resolve the FCC’s investigation by paying a $1,130,000 penalty and abiding by a compliance plan to prevent further violations. The FCC’s investigation is the result of an August 31, 2018 small airplane crash into a television tower in Kaplan, Louisiana that was owned by KATC Communications, LLC, a subsidiary of Cordillera Communications (“Cordillera”). Although the FCC found no evidence connecting the collision to a violation of the FCC’s rules by Cordillera, the FCC discovered other irregularities related to Cordillera’s compliance with FCC rules pertaining to communications towers. The FCC therefore broadened its investigation to cover all of Cordillera’s towers and observed problems with Cordillera’s practices for monitoring of tower lighting systems, maintenance of complete records of lighting failures, and notifications to the FCC of changes of ownership of two towers. This consent decree demonstrates that the FCC takes its tower rules extremely seriously in order to ensure that aviation safety is maintained and that towers do not pose a hazard to air navigation. It is critically important that tower owners comply with the FCC’s antenna structure registration rules and ensure that antenna structures which require obstruction marking and lighting are properly marked and lit. Likewise, the FAA must be notified immediately if there is a failure or improper operation of any top mounted steady burning light or any flashing light. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Reminds Users of the 3.65-3.7 GHz Band of Transition Period Ending on April 17, 2020The FCC has issued a public notice which reminds 3.65-3.7 GHz licensees that the transition period for licensees in the 3.65-3.7 GHz band will end on April 17, 2020, and that each grandfathered wireless broadband licensee must be in compliance with the new FCC Part 96 Citizens Broadband Radio Service (“CBRS”) Rules by that time. Licensees that did not receive protected incumbent status – either because they did not file for protection or because the licensee expanded beyond their protected zone – are not entitled interference protection from the Citizens Broadband Radio Service. As a result, the FCC is urging these licensees to contact Spectrum Access System (“SAS”) Administrators for the 3.55-3.7 GHz band for instructions on ensuring compliant future operations. The FCC has yet to rule on pending requests to extend the April 17, 2020 deadline, including a blanket request for waiver filed jointly by the Wireless Internet Service Providers Association (“WISPA”) and the United Technology Council (“UTC”). Clients that operate 3650-3700 MHz Service networks and that anticipate the need for additional time to upgrade their 3.5 GHz networks to meet Part 96 requirements should contact Cary Mitchell ASAP to discuss their options. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino FCC Approves Four Spectrum Access System Administrators (SAS); Authorizes Full Commercial Deployment of 3.5 GHz CBRS The FCC has announced that it has certified CommScope, Federated Wireless, Inc. (“Federated”), Google and Sony, Inc. (“Sony”) as Spectrum Access System (“SAS”) Administrators in the 3.55-3.7 GHz band (“3.5 GHz band”), since each has met the requirements in Part 96 of the FCC’s Rules and is authorized to make their SAS available for commercial use for a five-year term. This development is significant, because the SAS serves as an automated “frequency coordinator” to manage spectrum sharing among three tiers of spectrum users in the CBRS band. SAS certification also paves the way for the auction of Priority Access Licenses (Auction 105) that is scheduled to begin on June 25, 2020. With this certification, these SASs are authorized to operate on a commercial basis. In that regard, each SAS will be required to:
Prior to commercial availability, the 3.5 GHz CBRS band was used primarily by the Department of Defense (DoD), mostly for shipborne radar systems. To ensure that the DoD has continued access to the band,Environmental Sensing Capability (“ESC”) networks have been deployed along the U.S. coast. The ESC networks operated by CommScope, Federated Wireless, and Google inform the SAS administrators to activate a protection zone and dynamically reassign users in the area to other parts of the band, thus protecting DoD’s use of the spectrum while maximizing availability of CBRS spectrum across coastal areas. A press release issued by the CBRS Alliance offered some additional detail about the CBRS full commercial deployment news. The CBRS Alliance focuses on the development of 4G and 5G technology for use in the CBRS band. The Alliance is also responsible for the OnGo brand used for CBRS offerings. The CBRS Alliance estimates that the CBRS band will directly contribute as much as $15.6 billion to the U.S. economy, and that its actual value to consumers could be as much as $80-260 billion. The OnGo ecosystem is vast and opens a brand-new market for wireless communications and 5G services in the United States, touching rural broadband via fixed wireless Internet providers (WISPs), enterprise IT, hospitality, retail, real estate, industrial IoT, and transportation, among other sectors. OnGo-compatible mobile devices that are on the market today include the Google Pixel 4, Motorola’s 5G Moto Mod, Samsung Galaxy S10, Apple iPhone 11, LG G8 ThinQ, and OnePlus 7 Pro. As part of its announcement, the FCC reminded 3650-3700 MHz Service licensees that their Part 90 operations will not be entitled to interference protection from CBRS operations beyond their current license term and it encouraged them to contact SAS Administrators to discuss options for integrating their operations into CBRS. As it stands, April 17, 2020 is the deadline for most 3650-3700 MHz Service licensees to comply with Part 96 CBRS rules. BloostonLaw Contact: Cary Mitchell FCC Adopts Streamlined Licensing Procedure for Small SatellitesPursuant to the FCC’s Report and Order entitled “Streamlining Licensing Procedures for Small Satellites” (“Small Satellite Report and Order”), the FCC adopted a new alternative, optional licensing process for small satellites and spacecraft, called the “Part 25 streamlined small satellite process.” This new process allows qualifying applicants for small satellites and spacecraft to take advantage of an easier application process, a lower application fee, and a shorter timeline for review than currently exists for applicants under the FCC's existing Part 25 satellite licensing rules. The FCC’s action limits the regulatory burdens borne by applicants, while at the same time is designed to promote orbital debris mitigation and efficient use of spectrum. The FCC believes that its action supports and encourages increasing innovation in the small satellite sector, and helps to preserve U.S. leadership in space-based services and operations. A new information collection will be added to the licensing application through a variety of additional certifications in order to provide the Commission and the public with necessary information about the operations of this growing area of satellite operations. Additionally, this information will be used by the FCC’s staff in order to ensure that the US is carrying out its treaty obligations under the World Trade Organization Basic Telecom Agreement. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Seeks Comment on Removing Radiolocation/Amateur Allocations in the 3.3-3.55 GHz BandThe FCC has issued a Notice of Proposed Rulemaking (“NPRM”) in which it has proposed to remove the existing non-federal secondary radiolocation and amateur allocations in the 3.3-3.55 GHz band and to relocate incumbent non-federal operations out of the band, in order to prepare the band for possible expanded commercial wireless use. Comments will be due on February 21, 2020; and reply comments on March 23, 2020. Under the FCC’s proposal, the allocation for non-federal radiolocation services in the 3.3-3.55 GHz band and the non-federal amateur allocation in the 3.3-3.5 GHz band would be eliminated. This NPRM also seeks comment on appropriate relocation options for incumbent non-federal users, either to the 3.1-3.3 GHz band or to other frequencies, on the transition mechanism and process for relocating existing non-federal users, and on potential relocation costs and considerations. The proposals in the NPRM are an initial step toward potential future shared use between federal operations and flexible use commercial services, consistent with the Commission's responsibilities specified in the MOBILE NOW Act to identify spectrum for new mobile and fixed wireless use, and to work in consultation with the National Telecommunications and Information Administration (“NTIA”) to evaluate the feasibility of allowing commercial wireless services to share use of spectrum between 3.1 and 3.55 GHz. BloostonLaw Contacts: John Prendergast, Cary Mitchell and Richard Rubino FCC Settles NEPA/NHPA Investigation for $20,000Earlier this month, the FCC issued an Order entering into a consent decree to resolve the Enforcement Bureau’s investigation into allegations that Teton Communications, Inc. (“Teton Communications”) constructed a wireless facility without complying with the FCC’s environmental and historic preservation rules, including rules implementing the National Environmental Policy Act of 1969 (“NEPA”) and the National Historic Preservation Act (“NHPA”). To settle this matter, Teton Communications admits that it violated the FCC’s environmental and historic preservation rules, will implement a robust compliance plan to ensure that it does not violate these rules in the future, and will pay a $20,000 civil penalty. According to the Order, in September 2018, Teton Communications engaged an independent contractor to perform the required environmental and historic preservation reviews, including Tribal consultation procedures, for a proposed wireless facility in Idaho (“Idaho Tower”). Teton also hired the contractor to ascertain whether the Idaho Tower could significantly affect the environment. In response to a complaint by the relevant Tribal Historic Preservation Office, Teton Communications filed a response admitting that it began construction of the Idaho Tower on November 6, 2018, before completing the requisite Tribal consultation process and without conclusion of the statutorily mandated State Historic Preservation Office review. This case provides a valuable reminder that in addition to traditional environmental and historic preservation issues, clients proposing tower construction and/or alterations must also be cognizant of potential tribal effects. A good resource for determining whether a tribe may have an interest in the county where you are proposing the construction of a tower is the HUD Tribal Directory Assessment Tool (“TDAT”) that was developed by the Office of Environment and Energy to assist users in identifying tribes that may have an interest in the location of a HUD-assisted project and to provide tribal contact information to assist users with the initiation of Section 106 consultations under the National Historic Preservation Act. The URL for TDAT is egis.hud.gov/TDAT. The Advisory Council for Historic Preservation (“ACHP”) also publishes Handbooks on various aspects of the Section 106 consultation process that can provide useful information. BloostonLaw Contacts: John Prendergast and Richard Rubino Non-Payment of Regulatory Fee Results in Order to Pay or Show CauseThe FCC has just issued an order to pay or show cause against Unidos Para Cristos, Inc. (“UPC”) – the licensee of a broadcast station in Texas. The order reflects that UPC has not paid any regulatory fees associated with its broadcast station since FY2013. As a result, in addition to the normal regulatory fee due, UPC was also assessed a late fee penalty of 25 percent as well as associated penalties, interest and administrative costs associated with the FCC’s collection efforts. It is important to note that the FCC’s enforcement tools under the regulatory fee program are not just financial. The FCC also has the authority to revoke license authorizations for failure to pay regulatory fees (or related interest and penalties) in a timely manner. In this case, the FCC is requiring UPC to provide “documented evidence” within 60 calendar days of its order that full payment of the regulatory fee and associated amounts have been paid (or in the alternative, show cause why the payment is inapplicable or should otherwise be waived or deferred). For those of our clients who must pay regulatory fees on an annual basis (such as earth station and commercial paging licensees as well as telephone company operations), it is critical that the fee be paid in a timely manner. The FCC has a de minimis threshold that must be met before a fee is due from a particular regulatee. If the client is de minimis, we recommend the filing of a letter with the FCC each year as documentation of that status. Most Part 90 shared use Private Land Mobile licensees are assessed their regulatory fees as part of their initial license application or license renewal application fees, and therefore need not be concerned with the annual requirement. [emphasis added] BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Enters into $16,000 Consent Decree for Unauthorized Operation in 3.65-3.7 GHz BandThe FCC has entered into a consent decree with Brevard Wireless, Inc. dba Florida High Speed Internet (“Florida High Speed”), a 3.65-3.7 GHz band licensee, for unauthorized operation of a transmitter. The 3.65-3.7 GHz band is currently licensed on a non-exclusive nationwide basis. Unlike other radio services, the issuance of a license grants the licensee no operational rights. Rather, the licensee must first register each transmitter/base station with the FCC and receive approval for the registration from the FCC before it can commence operation. In this case, the FCC’s investigation was the result of an interference complaint from the licensee of a Domestic Fixed Satellite Earth Station operating in the 3700-4200 MHz band near Jacksonville, Florida. Investigation revealed that Florida High Speed was operating facilities near Jacksonville and St. Augustine, Florida. In exchange for termination of the FCC’s investigation, Florida High Speed agreed to make a “voluntary contribution” to the US Treasury in the amount of $16,000 as well as enter into a detailed compliance program — the violation of which could result in additional penalties. BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Announces Updates to Communications Security, Reliability and Interoperability Council Best Practices DatabasePublic Safety and Homeland Security Bureau (“PSHSB”) has announced the FCC’s Communications Security, Reliability, and Interoperability Council (“CSRIC”) Best Practices database has been updated. At its December quarterly meeting, CSRIC VII unanimously approved an update to the database that includes best practices from CSRIC VI (addressing communications network security, emergency preparedness, and disaster recovery) and retired best practices that have become obsolete. The mission of the CSRIC is to provide recommendations to the FCC regarding ways the FCC can strive for security, reliability, and interoperability of communications systems. These recommendations routinely include best practices for industry and public safety organizations and are searchable on a database maintained by the FCC. It is important to note that when CSRIC recommends new best practices, the FCC updates the database accordingly, including the retiring of any older best practices that have been superseded. The CSRIC Best Practices database can be accessed on the FCC website at https://opendata.fcc.gov/Public-Safety/CSRIC-Best-Practices/qb45-rw2t/data. More information about CSRIC can be found at https://www.fcc.gov/about-fcc/advisory-committees/communications-security-reliability-and-interoperability-council-vii BloostonLaw Contacts: John Prendergast and Richard Rubino FCC Seeks Comment on Zebra Technologies Request for Waiver of Part 15 to Permit Use of Ultra-Wide Band Positioning SystemZebra Technologies (“Zebra”) has requested a waiver of Part 15 of the FCC’s rules to allow it to certify a version of its Dart positioning system for operation in the 7125-8500 MHz band. Zebra states that its system, which presently operates as an ultra-wideband (“UWB”) device in the 5925-7250 MHz band, is used to track small battery-operated tags attached to persons, assets, or safety equipment over a range of 100 meters to an accuracy of less than 30 centimeters. Applications include tracking players in sports venues and preventing accidents for airplane maintenance personnel while working on moving platforms. Zebra states that a waiver of any one of three different rules (Sections 15.517(a), 15.519(a)(1), or 15.250) would allow it to use its Dart system at 7125-8500 MHz. It therefore only asks for a waiver of one of these rules, because of its concern that future changes to the 5925-7250 MHz band (to include the Commission’s proposal to allow unlicensed Wi-Fi type devices) could make the band less suitable for low-power positioning due to incompatible uses. The FCC is seeking comment on waiver request, including the relative merits of each of the three options Zebra has identified. In this regard, each of the rule sections provides, as follows:
The Comment period on this proposal ends February 18, 2020. BloostonLaw Contacts: John Prendergast and Richard Rubino |
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