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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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Dear Valued Customer, With national attention on the COVID-19 pandemic, we recognize that each day brings more uncertainty for businesses and our communities. Our teams are closely monitoring developments on the pandemic and are taking the appropriate steps — consistent with CDC and WHO recommendations — to help support the ongoing health and safety of our employees and customers. We know that first and foremost on your mind is making sure you are taking the appropriate precautions to care for yourself, your family, and others around you. We also recognize that you are also focused on taking care of your businesses, employees, and customers during this time. We have heard from many of our customers in the most recent weeks and days, and wanted to share the latest from us:
We have extensive experience in planning for and responding to a wide variety of situations around the US to support all our customers including over 1400 hospitals throughout the country. Accordingly, we remain focused on being the dependable choice for all your critical messaging requirements. Please feel free to contact your Account Manager or e-mail us at webcontactus@americanmessaging.net if you have any questions or concerns. Sincerely, /S/ Dave Andersen Dave Andersen Later Twitter message here. |
| Source: | American Messaging Services, LLC. | www.americanmessaging.net |
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Service Monitors and Frequency Standards for Sale
(Images are typical units, not actual photos of items offered for sale here.)
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Spok Holdings Confirms Receipt of Letter From B. Riley FinancialNo Shareholder Action Required at This Time SPRINGFIELD, Va.—(BUSINESS WIRE)— Spok Holdings, Inc. (NASDAQ: SPOK), a global leader in healthcare communications, today announced that it has received a letter, and is aware of a public announcement, from B. Riley Financial, Inc. (NASDAQ: RILY) regarding a proposal to acquire all of the outstanding shares of common stock of Spok for $12 per share in cash. Spok’s Board of Directors intends to evaluate the letter in consultation with independent financial and legal advisors. There can be no assurance that the letter and public announcement will lead to a formal proposal, offer or agreement. At this time, Spok shareholders are not required to take any action. RBC Capital Markets, LLC is serving as independent financial advisor to Spok, Spotlight Advisors, LLC is serving as strategic advisor to Spok and Latham & Watkins LLP is serving as Spok’s legal counsel. About Spok Spok is a trademark of Spok Holdings, Inc. Spok Care Connect and Spok Go are trademarks of Spok, Inc. Safe Harbor Statement under the Private Securities Litigation Reform Act: Statements contained herein or in prior press releases which are not historical fact, such as statements regarding Spok's future operating and financial performance and statements relating to the unsolicited takeover bid from B. Riley Financial, Inc., are forward-looking statements for purposes of the safe harbor provisions under the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve risks and uncertainties that may cause Spok's actual results to be materially different from the future results expressed or implied by such forward-looking statements. Factors that could cause actual results to differ materially from those expectations include, but are not limited to, declining demand for paging products and services, continued demand for our software products and services, our ability to develop additional software solutions for our customers and manage our development as a global organization, the ability to manage operating expenses, particularly third party consulting services and research and development costs, future capital needs, competitive pricing pressures, competition from traditional paging services, other wireless communications services and other software providers, many of which are substantially larger and have much greater financial and human capital resources, changes in customer purchasing priorities or capital expenditures, government regulation of our products and services and the healthcare and health insurance industries, reliance upon third-party providers for certain equipment and services, unauthorized breaches or failures in cybersecurity measures adopted by us and/or included in our products and services, the effects of changes in accounting policies or practices, adverse economic, political or market conditions in the U.S. and international markets and other factors such as natural disasters, pandemics and outbreaks of contagious diseases and other adverse public health developments, such as coronavirus disease 2019 (COVID-19), the outcome of the unsolicited takeover bid from B. Riley Financial, Inc., as well as other risks described from time to time in our periodic reports and other filings with the Securities and Exchange Commission. Although Spok believes the expectations reflected in the forward-looking statements are based on reasonable assumptions, it can give no assurance that its expectations will be attained. Spok disclaims any intent or obligation to update any forward-looking statements. View source version on BUSINESSWIRE.COM: HTTPS://WWW.BUSINESSWIRE.COM/NEWS/HOME/20200317005808/EN/ Al Galgano |
| Source: | Spok |
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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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The Wireless Messaging News
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B. Riley Financial Issues Letter to SPOK Holdings, Inc. Board of Directors By B. Riley Financial
LOS ANGELES, March 17, 2020 /PRNewswire/ — B. Riley Financial, Inc. (NASDAQ: RILY) ("B. Riley"), a diversified provider of business advisory and financial services, today announced it has sent the following letter to the Board of Directors of SPOK Holdings, Inc. on behalf of its subsidiary, B. Riley Capital Management, LLC. March 16, 2020 SPOK Holdings, Inc. To the Board of Directors: On behalf of B. Riley Capital Management, LLC and certain of its affiliates, I am pleased to make this proposal to acquire all of the outstanding shares of common stock of SPOK Holdings, Inc. ("SPOK" or the "Company") for $12.00 per share. Our all cash proposal represents an approximate 39% premium over the current price for SPOK's common stock based on yesterday's close. B. Riley currently owns approximately 500,000 shares of the Company, or approximately 2.6% of SPOK's total shares outstanding. Our parent organization, B. Riley Financial, Inc. (NASDAQ: RILY), is a publicly traded, diversified financial services company, operating a variety of businesses, including investment banking, brokerage, asset valuation and appraisal, management, disposition and advisory services. We have a long history of successfully closing on strategic acquisitions of public and private companies and returning significant value to their owners in the process. This includes our acquisition of three publicly traded companies — magicJack VocalTec Ltd. in 2018, FBR & Co. in 2017, and United Online, Inc. in 2016. In particular, our magicJack transaction demonstrates our ability to navigate the regulatory process required for acquisitions of companies with Federal Communications Commission licenses. B. Riley currently has a market capitalization of approximately $450 million and cash, net securities and other liquid assets of over $800 million and, accordingly, the proposed transaction would not be subject to a financing condition. After studying SPOK's businesses and strategy for creating equity value over the course of the last several years, we have concluded that its shareholders cannot realize a fair valuation within the confines of its current structure. Ultimately, SPOK is an undersized holding company with the costs and infrastructure of a much larger company servicing two dramatically different business units. In addition, the financial burden of being a public company is disproportionately detrimental to a company with SPOK's relatively small scale. We believe that B. Riley will offer a perfect strategic fit to harness and utilize the cash flow generated by the paging business, and investment and duration needed to maximize the value of software. Our scale and diversification allow us to be an excellent fit for both of these businesses. While this proposal is non-binding, given our knowledge of the Company's assets and our work completed to date, we would require only limited due diligence to arrive at a definitive acquisition agreement. We would be willing to allow SPOK a customary go-shop and, as noted above, we have the capability to consummate the transaction without a financing contingency. Given our long history of successful acquisitions and the current environment, we believe that bringing this offer to the Company's Board of Directors and its stockholders simultaneously is in the best interests of all constituencies. Nevertheless, we are prepared to immediately enter into negotiations with the Company on the terms and conditions of a definitive agreement and we look forward to discussing our proposal with you in more detail. Sincerely, About B. Riley Financial, Inc. (NASDAQ:RILY) |
| Source: | Monterey County Weekly |
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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
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 |
Wireless Network Planners
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Your Amazon Prime membership could soon be useless — unless you're buying only Amazon's newly approved productsJulie Bort Mar 18, 2020, 2:32 PM
Amazon's new policy that does not allow its independent third-party sellers to restock any items that Amazon deems nonessential could be bad news for Prime members. While there's still a wide selection of Prime eligible items today, Amazon says, if these sellers run out of stock in Amazon's warehouses before April 5 – the date that Amazon says it will resume accepting stock – the merchants will have to fill customer's orders by shipping the products directly to buyers from the stock they have in their possession. Such sales typically don't qualify for free Prime shipping. To recap: Earlier this week, Amazon told its merchants, including third-party sellers and its direct suppliers, that it was restocking only items in six categories until April 5 — baby products; health and household (including personal-care appliances); beauty and personal care; grocery; industrial and scientific; pet supplies. However, sellers told Business Insider not every type of product in those categories would qualify for restocking. For instance, not every third-party food product or product for pets will be accepted into warehouses. Amazon took this extreme measure to allow its warehouse workers to deal with the increased workload during the coronavirus pandemic. The company also said it would hire 100,000 people to help it keep up with demand. But Amazon sells millions of products that do not fall into those categories. Some sellers of those nonessential items may still offer free or low-cost shipping. But such offers typically involve three- to five-day shipping, not Prime's industry-best one to two days, said Carrie Miller, who runs the sustainable-skateboard company Bamboo Skateboards and sells through Amazon as well as her own website. Miller is confident that she has enough products in stock at Amazon's warehouses to avoid problems, as sales for her business have remained steady and predictable, she said. Some Amazon customers have already gotten notices that items they just purchased on Prime will not arrive in two days as expected but will be delayed to five days, according to emails from Amazon Business Insider has seen. most successful sellers use a preparation service to plan their inventory with for even longer range sales. That means warehouses are stocked with items that could take weeks to months to sell. "Amazon's warehouses are in no way filled with any sort of efficient 'just in time' inventory approach," said Sid Browning, who sells shoes on Amazon. By suspending shipments of non-essential stock during this hectic period, Amazon hopes to limit warehouse workers spending time stocking items "which may not sell for a year or longer," Browning believes. However, many other sellers of nonessential items are experiencing increased sales right now as people add items to their shopping carts while buying their soap and toilet paper. Greg Mercer, the CEO of Jungle Scout, an authorized Amazon partner that helps third-party sellers track inventory and sales trends, said Amazon's sales in the past couple weeks have been similar to Amazon Prime Day. That's Amazon's massive annual sale for Prime members. That means sellers who cannot restock may run out of inventory by the end of the month, he said. Another issue is the timing of the temporary policy. It came right when many Amazon sellers were unusually low on inventory. Many sellers buy their wares from Chinese manufacturers. And China is only now getting up to manufacturing speed after the country shut down over the coronavirus. Some of these sellers have been waiting on orders they placed in the fourth quarter of 2019, right before the Lunar New Year, Mercer said. Amazon does have a program called Seller Fulfilled Prime, which allows sellers who ship on their own to display the Prime badge (which helps entice buyers) if they commit to free two-day delivery. But it's not a popular program because free two-day shipping is a big cost for sellers. Plus, Amazon says it is not accepting new sellers into the program at this time. A seller on Amazon's Seller Central support website suggested Amazon offer this program to all sellers who run out of stock while Amazon is refusing to restock so that Prime customers would still get their products in two days and sellers would not lose the Prime badge displayed next to the item. But Amazon did not respond to that comment. Are you an Amazon insider with insight to share? Contact Julie Bort via email at jbort@businessinsider.com or on encrypted chat app Signal at (970) 430-6112 (no PR inquiries, please). Open DMs on Twitter @Julie188. |
| Source: | Business Insider |
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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 |
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Interest in Ham Radio soaring as country grips with virus outbreakPosted date: March 19, 2020 WEST HOLLYWOOD, California – The number of Americans obtaining their ham radio licenses is soaring as the country comes to grips with the coronavirus pandemic. Just as shoppers are hoarding necessities and food in panic buying, more people have quickly studied to become amateur radio operators to ensure they can maintain communications with others in emergency situations and disasters. More than 765,000 in the United States already have their amateur radio licenses from the Federal Communications Commission, however, data from the FCC indicates a recent uptick in the number of new hams, especially since the outbreak of COVID-19 worldwide. In addition, HamRadioPrep.com, a website that teaches prospective hams what they need to know to pass the FCC tests, also has experienced a huge surge in new students in the past two weeks as news continues to evolve about the pandemic. In a comparison of the time period from March 5-13, 2020, to the same days in 2019, the number of persons signing up for amateur radio license courses on HamRadioPrep.com has soared more than 700% since news of the coronavirus outbreak dominated headlines. At the same time, the FCC shows a 7.1% percent uptick in new amateur licensees in the first week of March in 2020 vs the same week in 2019. Americans are able to take tests to obtain amateur radio licenses from the Federal Communications Commission, allowing them to talk on a variety of frequencies and radio bands to other licensed hams for personal, not-for-profit communications and technical training. Communications can be around your city, around your state, around the country, around the world — and even into space. Many get their ham radio licenses just so they are prepared for emergencies and disasters and can provide communications for themselves and their families and friends when other communications networks are impacted. Amateur radio clubs around the United States conduct FCC testing for most seeking ham licenses, while Ham Radio Prep prepares persons with a unique online study system that includes videos, lessons, practice exams, and interactive content. In addition, Ham Radio Prep commends the Anchorage (Alaska) Amateur Radio Club Volunteer Examiner Coordinator program, which conducts test sessions for those wishing to become newly licensed ham radio operators. That organization’s board of directors recently voted to expand its unique and innovative remote testing program to areas outside of Alaska, including anywhere in the United States or Canada. This will bring easier access to those seeking to obtain ham radio licensing and who live in remote areas or have various abilities that preclude them from attending scheduled test sessions conducted by accredited local ham radio clubs that offer test services. The owners of Ham Radio Prep hope many who want to be prepared with emergency communications backup and even those now out of work or working from home because of the COVID-19 outbreak are able to become licensed hams. To learn more information, go to HamRadioPrep.com. The website also includes information about how to become a licensed amateur radio operator. Media Contact |
| Source: | QRZ Now.com |
| Leavitt Communications |
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Verizon Gets Extra Spectrum to Boost Network During PandemicThe FCC’s Wireless Telecommunications Bureau granted Verizon’s request for Special Temporary Authority (STA) to use additional spectrum to help meet increased customer demand for broadband during the coronavirus pandemic. The STA will allow the company to operate for 60 days in spectrum licensed to Northstar Wireless LLC and SNR Wireless LicenseCo in the AWS-3 Band in order to provide additional capacity to Verizon customers nationwide. FCC Chairman Ajit Pai thanked Northstar and SNR, “for their willingness to allow this use of the spectrum for which they hold licenses. I’m also grateful to Verizon for seeking out ways to meet increased consumer demand.” Pai also thanked NTIA and the Department of Defense for their efforts to help the FCC quickly grant the emergency authority. The agency recently granted similar requests from T-Mobile and U.S. Cellular.
FCC Eases Rules to Spur Connectivity for Hospitals, StudentsThe FCC Wednesday changed some of the rules for its Rural Health Care (RHC) and E-Rate programs to make it easier for broadband providers to support telehealth and remote learning efforts during the coronavirus pandemic. The Wireline Competition Bureau waived the gift rules until September 30. This will enable service providers to offer, and RHC and E-Rate program participants to solicit and accept, improved connections or additional equipment for telemedicine or remote learning during the outbreak. Commission rules prohibit entities eligible for the RHC and E-Rate programs from soliciting or accepting anything of value from a service provider participating in or one that wants to take part in those programs. The waiver will allow health care providers, schools, and libraries to accept improved capacity, WiFi hotspots, networking gear, or other equipment or services to support doctors and patients, teachers and students, and librarians and patrons during the coronavirus outbreak. For example, some providers have expressed interest in providing free network upgrades for hospitals that need more robust connections to treat patients via telemedicine and free connected devices and hotspots for students taking classes at home, according to the agency. “The increase in COVID-19 patients is presenting unique challenges to America’s hospitals and health care providers,” said FCC Chairman Ajit Pai. “Telemedicine will play an increasingly critical part in treating patients and helping health care providers maximize their impact on their communities. Similarly, as the number of school closures continues to grow, schools are increasingly turning to remote learning for students who will be home for an extended period of time.” “By waiving certain FCC rules today, we are giving service providers the chance to step up and give health care providers more tools to fight the ongoing pandemic and serve patients more effectively, like increased capacity, more equipment, additional services, and other tools that will help them deliver the best possible patient care,” Pai continued. “And we strongly encourage service providers and equipment makers to partner with schools and libraries to provide mobile hotspots and other broadband-enabled devices to students to help bridge the digital divide during the coronavirus pandemic.” |
| Source: | Inside Towers newsletter | Courtesy of the editor of Inside Towers Jim Fryer. Inside Towers is a daily newsletter by subscription. |
| BloostonLaw Newsletter |
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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 Waives Lifeline Program Rules During PandemicOn March 17, the FCC adopted an Order temporarily waiving certain Lifeline program requirements to assist program participants potentially affected by the disruptions caused by the coronavirus pandemic and aid community efforts to slow its spread. These waivers are effective until May 16, 2020. Specifically, the FCC waived the Lifeline program’s recertification and re-verification requirements for participating low-income consumers for 60 days. The FCC also waives for 60 days the 2019 Lifeline Order’s requirement that participating carriers’ enrollment representatives register with the Lifeline program administrator, the Universal Service Administrative Company (USAC). See the article below for more. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast. HeadlinesFCC Releases Preliminary List and Map of RDOF Phase I Eligible Areas; Challenges Due April 10On March 17, the FCC released the preliminary list of census blocks and a map of areas that have been deemed initially eligible for the Rural Digital Opportunity Fund Phase I auction (Auction 904). The list of census blocks, census block groups, and census tracts can be found on the Auction 904 website at www.fcc.gov/auction/904. The map can be found at https://www.fcc.gov/reports-research/maps/auction-904-preliminary-eligible-areas. Comments challenging these census blocks are due April 10. Specifically, the FCC is conducting a limited challenge process to give parties an opportunity to identify census blocks that fall into one of the three following categories:
The FCC has indicated it will not entertain challenges from parties seeking to establish that a census block is unserved if the census block is reported as served on a certified Form 477 as of June 30, 2019 or later. Phase II of the Rural Digital Opportunity Fund will target unserved locations within areas that data demonstrates are only partially served, as well as areas not won in Phase I. The preliminary list of census blocks includes census blocks located in price cap carrier territories that, based on June 30, 2019 Form 477 data, are not served by the incumbent price cap carrier or an unsubsidized competitor with voice and broadband at speeds of 25/3 Mbps or higher and fall into one of the following groups:
At this time, the preliminary list of census blocks excludes the following:
The FCC will update the list to reflect any comments received identifying areas for exclusion or inclusion consistent with the three categories identified above, and will release the final list of eligible blocks prior to the short-form application deadline. As we reported in a previous edition of the BloostonLaw Telecom update, the FCC has sought comment on whether to use census block groups or tracts as the minimum geographic unit for bidding. In the Public Notice, the FCC stated that if census block groups are the minimum geographic unit for bidding, parties will be required to bid on all of the locations within eligible census blocks of a census block group. Similarly, if census tracts are the minimum geographic unit, parties will be required to bid on all of the locations within eligible census blocks of a census tract. Finally, the FCC has decided that it will use the CAM to set reserve prices for the Rural Digital Opportunity Fund Phase I auction, the reserve price for each minimum biddable unit will be no greater than the CAM-calculated support amount for the eligible census blocks in the minimum geographic unit, and a cap will be imposed in the amount of support per location provided to extremely high-cost census blocks. For high-cost census blocks, CAM calculates a reserve price equal to the cost-per-location for all locations in the census block minus the funding threshold of $40.00 per location, or $30.00 per location in Tribal areas or areas lacking 10/1 Mbps. For extremely high-cost census blocks, support-per-location was capped at $212.50, or $222.50 in Tribal areas or areas lacking 10/1. These support amounts published are merely illustrative, and available support may be different based on changes in the final list. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, Mary Sisak, and Sal Taillefer. FCC Waives Lifeline Program Rules During PandemicOn March 17, the FCC adopted an Order temporarily waiving certain Lifeline program requirements to assist program participants potentially affected by the disruptions caused by the coronavirus pandemic and aid community efforts to slow its spread. These waivers are effective until May 16, 2020. Specifically, the FCC waived the Lifeline program’s recertification and re-verification requirements for participating low-income consumers for 60 days. The FCC also waives for 60 days the 2019 Lifeline Order’s requirement that participating carriers’ enrollment representatives register with the Lifeline program administrator, the Universal Service Administrative Company (USAC). USAC has been directed not de-enroll any Lifeline subscriber for failure to successfully respond to a re-verification documentation request for those subscribers with documentation deadlines falling on or before May 16, 2020. USAC has also been directed to not open any new re-verification documentation requests until after May 16, 2020 and to provide impacted subscribers a new opportunity to provide any necessary eligibility documentation after the end of the waiver period. “As Americans across the country turn to online services to enable social distancing measures, the importance of access to affordable communications, especially for low-income households, has only increased,” said FCC Chairman Ajit Pai. “During times of crisis, maintaining connections to family and friends, medical professionals and educators, and your coworkers is imperative, and I don’t want any American consumers experiencing hardships because of the pandemic to lose connectivity. BloostonLaw Contacts: Mary Sisak and Sal Taillefer. Comments Sought on Connect America Phase II Letter of Credit RulesOn March 13, the FCC issued a Public Notice seeking comment a Request for Waiver and Petition for Rulemaking filed by the Connect America Fund (CAF) Phase II Coalition requesting that the Commission allow recipients of CAF Phase II support to comply with the recently adopted letter of credit provisions for the Rural Digital Opportunity Fund (RDOF) program. Comments are due April 13, and reply comments are due April 28. Section 54.315(c) of the FCC’s rules requires CAF Phase II recipients to obtained one or more letters of credit, which are subject to draw if the recipient fails to meet a buildout milestone by 50 percent or more. Going forward, the rule requires CAF Phase II recipients to renew their letters of credit annually or obtain new letters of credit from eligible banks. Each year, the amount of the letter of credit will increase to cover the amount of past disbursements of support plus the amount for the upcoming year. The petitioners argue that Section 54.804, which governs letter of credit requirements for RDOF recipients, “provides greater financial flexibility by slowing the required yearly increases in the value of the letter of credit, adding only half the value of support scheduled for disbursement in Years Two and Three, and capping the total amount required at a maximum of three years of support.” They ask that these same reforms be “promptly extended to entities that were the recipients of CAF Phase II support pursuant to the 2018 reverse auction by making the same changes to the section of the Commission’s Rules applying to CAF II letters of credit.” Carriers interested in filing comments should contact the firm for more information. BloostonLaw Contacts: Ben Dickens, Mary Sisak, and Sal Taillefer. Pandemic Disrupts Broadcast TV Repack – FCC Grants ReliefFactors related to the novel coronavirus (COVID-19), including disruption of overseas supply chain and a lack of tower crew availability, are impacting the final phases of the television broadcast repack. This complex process began following the broadcast incentive auction (2017), and involves moving broadcast operations to “core” TV spectrum to clear the 600 MHz band for use by commercial wireless carriers. The FCC has been working closely with television stations engaged in completing their transition to their post-auction channel during the recently-completed phase 8, and those who are working to do so in phases 9 and 10, to monitor the effect of the public health precautions being taken to prevent the spread of the COVID-19 virus on the stations’ ability to complete their transition by their assigned phase deadline. Stations assigned to phase 8 successfully met their transition deadline on March 13, 2020. However, the Commission had to grant construction permit extensions to certain stations due to delays in delivery of equipment manufactured outside the US. And the Commission is reporting at least one tower company has imposed a two-week suspension of field service, including work on repack-related construction, while it evaluates the evolving situation. Phase 9 of the transition began on March 14, 2020, and is scheduled to end May 1, 2020. The FCC has announced that it will grant waivers to stations transitioning in phase 9 that have been impacted by these circumstances and reassign them to phase 10 (the final phase of the repack), which begins on May 2, 2020, and ends on July 3, 2020. The coronavirus pandemic is a rapidly evolving situation that is causing significant disruptions in the economy and global supply chain. Our clients that are facing regulatory obligations in the next few weeks and months — such as the April 17th transition to CBRS for many 3650-3700 MHz Service licensees — and who believe their ability to meet a deadline may be hampered or delayed due to unforeseen circumstances beyond their control should contact our law firm. The FCC has an obligation to evaluate waiver requests on a case-by-case basis and the rippling impacts of the COVID-19 pandemic are far reaching. BloostonLaw Contacts: John Prendergast and Cary Mitchell. USDA Extends ReConnect Application Deadline to March 31On March 12, the U.S. Department of Agriculture (USDA) announced that it has extended the deadline for ReConnect Pilot Program applications to March 31. In December 2019, Agriculture Secretary Perdue announced USDA will be making available an additional $550 million in ReConnect funding in 2020. USDA will make available up to $200 million for grants, up to $200 million for 50/50 grant/loan combinations, and up to $200 million for low-interest loans. The application window for this round of funding opened on Jan. 31, 2020. Applications for all funding products will be accepted in the same application window, which will now close on March 31, 2020. “By extending the ReConnect Program application deadline, we are helping even more qualified organizations access the essential funding to make high-speed broadband connectivity a reality for rural communities across America,” Brand said. “Under the leadership of President Trump and Agriculture Secretary Perdue, USDA has made deploying this critical infrastructure in rural America a top-priority, because when rural America thrives, all of America thrives.” Carriers with questions about the ReConnect Program should contact the firm for more information. BloostonLaw Contacts: Ben Dickens and Sal Taillefer. FCC Waives TRS Rules During Public Health EmergencyOn March 16, the FCC adopted an Order waiving certain requirements of its telecommunications relay services (TRS) rules in order to ensure the uninterrupted availability of TRS in the United States during this public health emergency. The waivers granted are retroactive to March 13, 2020 (the date of the President’s declaration of a National Emergency), and will continue until May 15, 2020. Specifically, for VRS providers the FCC waived the cap on the percentage of a VRS provider’s conversation minutes that may be handled by at-home Communications Assistants (CAs); the requirement that at-home CAs have at least three years of experience as a call center CA (under the pilot program rules) or as an interpreter (under the permanent program rules); the requirement that virtual teaming be available to at-home CAs for any VRS call; and others. In addition, to ensure that VRS providers have operational flexibility, the FCC also waived, from March 13, 2020, through May 15, 2020: (1) the prohibition on international VRS calls placed by VRS users who have pre-registered to make such calls while on travel outside the United States and whose travel exceeds the time limit set by such pre-registration; and (2) the requirements that VRS providers notify the Commission and the TRS Fund administrator of the opening, closing, or relocation of any call center at least 30 days prior to such change and update pending applications for certification regarding such changes (such waivers being conditional on the VRS provider providing such notifications and updates upon expiration of the waiver period). With regard to non-VRS TRS providers, the FCC waived the requirements to answer 85% of calls within 10 seconds, measured on a daily basis, conditional on the TRS provider ensuring that 85% of calls are answered within 120 seconds, measured on a monthly basis. This waiver is retroactive to March 1, rather than March 13, so as to ensures that speed-of-answer performance for the month of March can be calculated on a monthly basis, as the terms of the waiver provide. BloostonLaw Contact: Sal Taillefer. FCC Announces Winning Bidders for Third 5G Spectrum AuctionThe FCC last week announced the results of Auction 103, the incentive auction of Upper Microwave Flexible Use Service (UMFUS) licenses in the Upper 37 GHz, 39 GHz, and 47 GHz bands. Winning bidders will need to submit their license down payments and file their long-form applications (FCC Form 601) and ownership reports (FCC Form 602) by Thursday, March 26th. Final payments for licenses will be due April 9th. Bidding in Auction 103 concluded on March 5, 2020, following the end of the auction assignment phase. The incentive auction offered licenses made available because incumbent 39 GHz licensees committed to relinquish their 39 GHz spectrum usage rights in exchange for incentive payments determined by clock-phase bidding. Clock-phase bidding in Auction 103 began December 10, 2019 and concluded on January 30, 2020 after 104 rounds. In all, the auction raised more than $7.5 billion in net bids, with 28 bidders winning a total of 14,142 licenses — 34 spectrum blocks in each of 416 Partial Economic Areas (PEAs). Based on these bids, the incentive payments for existing licensees were just over $3 billion, and the net proceeds for the U.S. Treasury were almost $4.5 billion. To nobody’s surprise, the largest winning bidders were Verizon (bidding through its Straight Path subsidiary) which paid upwards of $3.4 billion for 4,940 licenses in 411 PEAs; and AT&T (bidding through its FiberTower subsidiary) which paid $2.38 billion for 3,267 licenses in 411 PEAs. Next in line were DISH Network (bidding as Window Wireless, LLC) which paid $202 million for 2651 licenses in 416 PEAs; and T-Mobile US, which paid just under $1 billion for 2,384 licenses in 399 PEAs. Overall, Auction 103 brought in significantly greater revenues than earlier millimeter wave spectrum auctions. Auction 101 (county-based 28 GHz licenses) raised only $702 million because most of the spectrum (former A-Block LMDS licenses) was already held by Verizon (through its acquisitions of Straight Path and Nextlink) and AT&T (through its acquisition of Fibertower). Auction No. 102 offered PEA-based licenses in the 24 GHz band, and raised about $2 billion. Winning bidders and other Auction 103 applicants remain subject to the FCC’s auction prohibited communications rules and may not discuss their bids, bid strategies or plans for the post-auction market structure until after the post-auction down payment deadline of Thursday, March 26, 2020 at 6:00 pm ET. BloostonLaw Contact: Cary Mitchell. Law and RegulationFCC Extends E-Rate Application Filing Window to April 29On March 13, the FCC issued a Public Notice directing the Universal Service Administrative Company (USAC) to extend the deadline for E-Rate applicants to submit their Funding Year (FY) 2020 FCC Form 471 applications by an additional 35 days. E-Rate applicants will now have until Wednesday, April 29, 2020, at 11:59 p.m. EDT to submit their FY2020 FCC Form 471 applications. Recognizing that E-Rate applicants undergoing Program Integrity Assurance (PIA) reviews may not be able to respond to PIA requests in a timely manner, the FCC also direct USAC to provide all applicants with an automatic, 14-day extension for PIA requests. BloostonLaw Contact: Sal Taillefer. Comments on Extension of New TV Truth-In-Billing Effective Date Due April 6On March 16, the FCC issued a Public Notice seeking comment on whether to extend the effective date of new truth-in-billing requirements set forth in section 642 of the Communications Act of 1934, as added by the Television Viewer Protection Act of 2019 (TVPA). Section 642 becomes effective June 20, 2020, six months after the date of enactment of the TVPA. Specifically, the extension would grant a blanket extension of section 642’s effective date by six months, until December 20, 2020. Comments are due April 6, and reply comments are due April 13. Section 642 requires multichannel video programming distributors (MVPDs) to “give consumers a breakdown of all charges related to the MVPD’s video service” before entering into a contract with a consumer for service, and also gives consumers 24 hours in which to cancel such service without penalty. In addition, section 642 requires greater transparency in electronic bills and prohibits MVPDs and providers of fixed broadband Internet access service from charging consumers for equipment they do not provide. BloostonLaw Contacts: Gerry Duffy. FCC Announces 19.6% Proposed USF Contribution Factor for Q2 On March 13, the FCC issued a Public Notice announcing the proposed universal service contribution factor for the second quarter of 2020 to be 0.196 or 19.6 percent. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors’ total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. The Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the second quarter of 2020: ($ millions)
To determine the quarterly contribution base, the FCC decreases the second quarter 2020 estimate of projected collected interstate and international end-user telecommunications revenues by the projected revenue requirement to account for circularity and decrease the result by one percent to account for uncollectible contributions. To arrive at the final proposed contribution base, USAC reduces each provider’s contribution obligation by a circularity discount approximating the provider’s contributions in the upcoming quarter. BloostonLaw Contacs: Sal Taillefer. FCC Upholds Elimination of Solicited Fax Opt-Out RuleOn March 17, the FCC released an Order affirming the Commission’s Consumer and Governmental Affairs Bureau (Bureau) decision to eliminate the so-called “Solicited Fax Rule” as unlawful and in excess of the FCC’s authority. As a result, the FCC dismissed as moot ten applications for review and one petition for reconsideration, thereby resolving all such pending requests and any remaining uncertainty about the status of the Solicited Fax Rule. The Solicited Fax Rule required senders of marketing faxes to include opt-out notices on solicited fax ads, i.e., those sent with the recipients’ “prior express invitation or permission.” In March 2017, the U.S. Court of Appeals for the D.C. Circuit held that “the [Junk Fax Prevention] Act does not require . . . [an] opt-out notice on solicited fax advertisements . . . [n]or does the Act grant the FCC authority to require opt-out notices on solicited fax advertisements.” The court thus concluded that the Solicited Fax Rule was unlawful. As a result, in November 2018, the Bureau eliminated the Solicited Fax Rule in the 2018 Dismissal Order. A group of plaintiffs involved in TCPA litigation filed an application for review of the 2018 Dismissal Order, arguing: (1) the court’s opinion was not a non-discretionary mandate to vacate the rule; and (2) the opinion did not, and could not, vacate the Solicited Fax Rule because the court was reviewing a different order than the one that created the Solicited Fax Rule. The FCC responded to these arguments in the Order, and affirmed the elimination of the Solicited Fax Rule. BloostonLaw Contacts: Mary Sisak and Sal Taillefer. IndustryFCC Grants T-Mobile, US Cellular Temporary Access to Additional Spectrum Due to PandemicOn March 15, the FCC granted Special Temporary Authority to T-Mobile U.S.A. to use additional spectrum in the 600 MHz Band to help it meet increased customer demand for broadband during the coronavirus pandemic. T-Mobile reportedly requested this authority to “make it easier for Americans to participate in telehealth, distance learning, and telework, and simply remain connected while practicing recommended “social distancing.”’ T-Mobile also indicated that this authority would enable it to be prepared to meet the needs of first responders. The special temporary authority granted to T-Mobile is effective for 60 days. The spectrum that T-Mobile will use was held either in FCC inventory or by other licensees that have consented to T-Mobile’s temporary use of the spectrum. On March 17, the FCC granted a similar request to US Cellular. Specifically, the FCC granted Special Temporary Authority (STA) to operate for 60 days in spectrum licensed to Advantage Spectrum in the AWS-3 Band in order to provide additional capacity to U.S. Cellular customers in parts of California, Oregon, Washington, and Wisconsin. “The FCC is dedicated to helping Americans work from home, learn at home, and connect remotely to health care professionals during this crisis,” said FCC Chairman Ajit Pai. He thanked DISH, Comcast, NewLevel, LB License Co, Channel 51, Omega, Bluewater, and TStar License Holdings for agreeing to make their spectrum available to T-Mobile, and Advantage Spectrum for agreeing to make its spectrum available to US Cellular. FCC Issues Small Entity Compliance Guide on Access ArbitrageOn March 16, the FCC released a Small Entity Compliance Guide intended to help small entities comply with the revised rules adopted in the Access Arbitrage Order of 2019. The Guide, which can be found here, provides a short overview of the requirements adopted in the Access Arbitrage Order. As we reported in a previous edition of the BloostonLaw Telecom Update, in the Access Arbitrage Order the FCC required access-stimulating LECs to accept financial responsibility for interstate and intrastate terminating tandem switching and transport service access charges. It also expanded the definition of access stimulation to include two new alternative tests in order to prevent carriers from evading the current rules by not entering into revenue sharing agreements. The Order also modified the section 214 authorizations for centralized equal access providers with mandatory use provisions, eliminating those mandatory use requirements for traffic destined for access-stimulating LECs, and enabling inter-exchange carriers (IXCs) to voluntarily agree to directly connect to the access-stimulating LEC, or use other intermediate access providers that the LEC has chosen. The Access Arbitrage Order also contained new or modified information collection and reporting requirements, and imposed new notice requirements on access-stimulating LECs. Carriers with questions about the Access Arbitrage Order should contact the firm for more information. BloostonLaw Contacts: Mary Sisak and Sal Taillefer. FCC Releases June 2019 Form 477 DataOn March 12, the FCC issued a Public Notice announcing the availability of updated data on fixed broadband deployment and mobile voice and broadband deployment as of June 30, 2019. These data were collected through FCC Form 477 and are available on the Commission’s website. Fixed Deployment Data are available for download at https://www.fcc.gov/general/broadband-deployment-data-fcc-form-477 and can be viewed on the National Broadband Map at https://broadbandmap.fcc.gov. Mobile Deployment Data are available at https://www.fcc.gov/mobile-deployment-form-477-data. The fixed broadband data released today include revisions made by filers through February 25, 2020, while the mobile deployment data include revisions made by filers through December 1, 2019. A description of the fields in the fixed and mobile broadband deployment data and an explanation of the treatment of the data prior to release are available on the Explanation of Broadband Deployment Data webpage at https://www.fcc.gov/general/explanation-broadband-deployment-data. Unless otherwise noted there, the data have been released as filed. DeadlinesAPRIL 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 FCC. 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. MAY 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. The FCC has modified this form in light of its decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual Form 499-A that is due April 1. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer. JUNE 1: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. However, because the 31st is a Sunday this year, the filing will be due on June 1. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on June 1. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. BloostonLaw Contact: Richard Rubino.
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