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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.
| About Us |
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 Policy |
Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.
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Advertiser Index
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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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Passive Audio Amps For Smart Phones
Buy An Amp todayOh come on they are cool.These are acoustic amplifiers for smartphones. They don't need electric power to operate and there are no moving parts. They work like a megaphone (speaking-trumpet, bullhorn, or loudhailer). Everyone that I have shown one to has said something like “Wow, I want one of those!” So I have built a few of them. Of course there are more “Hi-Fi” ways to listen to audio on your smartphone but who would want to plug an elegant smartphone into some cheap, plastic gadget? Or even use Wi-Fi or Bluetooth, which are a pain in the neck to set up, even on a smartphone. These have been made with hardwood bases and some of them are exotic hardwoods with interesting grain patterns. The horns are polished brass — made from mostly old horns that had rubber bulbs on the ends and were used in “times gone by” by taxis and even clowns in circuses. These horns have been re-purposed, reshaped, soldered, and polished. They horns are now on display and for sale at:
The two large horns — the trombone and the gramophone — are difficult to pack and ship to they are for local pickup only. The remainder can be sent to you. I have the cowboy horn and the rest are in stock at the Colorado coffee shop. Please call for pricing and availability or stop in for a demo and a great cup of espresso. P.S. Allan, Virginia and I worked together at WebLink Wireless in Dallas. |
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| Leavitt Communications |
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macOS 10.15.5 has a trivial bug or a ‘reprehensible’ decision – CCC developerThe developer of popular Mac utility Carbon Copy Cloner says that either macOS 10.15.5 has a bug that prevents the creation of bootable backups, or Apple has made a ‘reprehensible’ security decision … Mike Bombich described the problem in a blog post.
He says that this is not an issue for most existing CCC users, as their existing bootable backups will continue to work and can continue to be updated.
And for anyone running macOS 10.15.5 who does need to create a fresh bootable backup, there is a workaround. If you’re running 10.15.5 and you’re backing up a Catalina system volume to an empty disk, then you should replace your copy of CCC with the CCC 5.1.18 beta. After you open CCC 5.1.18:
It’s therefore a trivial bug once you know it exists. The problem, he says, is that creating the bootable backup will appear to have succeeded while actually failing. That’s either a horrible bug or a deliberate measure by Apple.
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| Source: | 9TO5Mac |
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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
The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.
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| SALCOM |
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| PRISM IPX Systems |
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| Easy Solutions |
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Providing Expert Support and Service Contracts for all Glenayre Paging Systems. The GL3000 is the most prolific paging system in the world and Easy Solutions gladly welcomes you to join us in providing reliable support to the paging industry for many more decades in the future. Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.
Please see our web site for exciting solutions designed specifically for the Wireless Industry. We also maintain a diagnostic lab and provide important repair and replacement parts services for Motorola and Glenayre equipment. Call or
Easy Solutions |
GLENAYRE INFRASTRUCTUREI would like to recommend Easy Solutions for Support of all Glenayre Paging Equipment. This Texas company is owned and operated by Vaughan Bowden. I have known Vaughan for over 35 years. Without going into a long list of his experience and qualifications, let me just say that he was the V.P. of Engineering at PageNet which was—at that time—the largest paging company in the world. So Vaughan knows Paging. GTES is no longer offering support contracts. GTES was the original group from Vancouver that was setup to offer support to customers that wanted to continue with the legacy Glenayre support. Many U.S. customers chose not to use this service because of the price and the original requirement to upgrade to version 8.0 software (which required expensive hardware upgrades, etc.). Most contracts ended as of February 2018. If you are at all concerned about future support of Glenayre products, especially the “king of the hill” the GL3000 paging control terminal, I encourage you to talk to Vaughan about a service contract and please tell him about my recommendation.
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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EWA Elects New Board Members For Immediate Release Contact: Andrea Cumpston, Communications Director May 19, 2020 (Herndon, VA) – The Enterprise Wireless Alliance (EWA) is pleased to announce the election of new members to its Board of Directors, which occurred during the first day of its Spring meeting on May 19. Newly elected EWA Directors are:
On the election, EWA President Mark Crosby made the following statement:
About the Enterprise Wireless Alliance The Enterprise Wireless Alliance is an FCC-certified frequency advisory committee and leading advocate for business enterprises that rely on wireless communications systems. EWA has 65 years of experience in meeting the needs of business enterprises that rely on wireless communications systems. EWA provides its members and clients with consulting services, frequency coordination, license preparation, spectrum management and associated services. Membership in EWA is open to users of wireless communications systems, vendors, system operators and service organizations. EWA is the developer of Cevo®, a powerful online frequency coordination solution, which simplifies the FCC license application process and allows users to select their own frequencies and is the creator of Cevo Go™ a mobile app that delivers certified frequencies in hours, not days. More information about membership and services is available at www.enterprisewireless.org. |
| Source: | The Enterprise Wireless Alliance |
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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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Feds Urge Govs. To Label Telecom Workers As 'Essential'By Christopher Cole Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Law360 (May 27, 2020, 6:10 PM EDT) — Federal officials are urging governors to recognize certain types of telecom workers as "essential" during the COVID-19 pandemic, to better help them build and maintain the country's communications infrastructure at a time when Americans are relying more than ever on telehealth, telework and distance learning. In a joint letter Tuesday to the governors of all states, the Federal Communications Commission and the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency said it's critical to provide communications workers with job protections and resources offered to essential workers so Americans can stay connected. The agencies' leaders laid out steps that governors can take to support the telecom workforce. CISA recently issued guidance on the essential critical infrastructure workforce and 911 centers during the pandemic. FCC Chairman Ajit Pai and CIDA Director Chris Krebs urged that certain communications industry entities and personnel be declared essential to the pandemic response "and afforded all appropriate access and resources." Pai and Krebs also asked that states consider prioritizing the distribution of personal protective equipment to communications personnel when available and underscored the role of various telecom workers in consumers' remote emergency communications needs. The federal officials' letter encourages industry and government to work together to get communications infrastructure and next-generation 911 projects done. The officials said the types of communications workers that should be deemed essential go beyond installers and repair workers for phone and cable companies. Companies and workers building new communications facilities should also be included in order to help "address unprecedented levels of customers usage and close the digital divide for Americans who are sheltering at home." Others who belong on the list include communications support for medical and health care facilities, assisted care and living facilities and people with disabilities, Pai and Krebs said. In the media fields, workers for radio and TV broadcasters, cable operators and Internet TV providers should qualify too, as should providers of telecom relay services and closed captioning, they said. Even retail customer service personnel and the supply chain and logistics workers who help furnish them with goods and products should qualify, the officials said, because retail employees "are critical for onboarding customers, distributing and repairing equipment and addressing customer issues to support individuals' remoter emergency communications needs." Pai and Krebs also called on states to help along the maintenance, repair and provisioning of telecom infrastructure and services by providing online access to government functions, such as permitting, where not already available electronically. The permitting issue has reached to the local level. The wireless industry recently voiced concern about securing some work permits while local governments are trying to transition to all-online systems. Advocates for localities say industry is using the pandemic to push for broader federal deregulation that would trump some local infrastructure rules. In a March 26 call with FCC Commissioner Brendan Carr, representatives for the Wireless Infrastructure Association outlined difficulties the group's members are facing as workers are required to socially distance and take extra steps to protect themselves against the coronavirus at critical job sites. On Tuesday, Pai and Krebs described a critical need for governments to act as a catalyst for telecom build-out and support. "We urge state leaders, who are playing a critical role in protecting their communities, to consider the recommendations we are making today to ensure that communications networks and services remain available to the public and first responders," Pai said. "As our nation continues to respond to COVID-19, our ability to maintain reliable and consistent communication is vital," Krebs said. "We commend industry on making the investments to ensure the nation's telecommunications infrastructure was ready for this moment and CISA is committed to ensuring the sector has the support and resources needed to continue operating." Krebs said state and local officials play a critical role in managing and executing COVID-19 response activities, and that CISA "will continue to help them identify essential services to safeguard the continuity of functions needed to protect their communities." —Additional reporting by Kelcee Griffis. Editing by Marygrace Murphy. |
| Source: | Law360 |
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Remote AB Switches ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands. ABX-1
ABX-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems. ABX-3
Common Features:
Prism-IPX Systems LLC.
11175 Cicero Dr., Alpharetta, GA 30022 |
| Leavitt Communications |
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| Inside Towers Newsletter |
OSHA Cites Tower Company After 2019 Fatal Fall at Worksite in Mississippi
OSHA has cited Calico Rock, Arkansas-based Pegasus Tower Co. (not affiliated with Tazewell, VA-based Apex Towers, formed by merging another Pegasus Tower Company six years ago) for exposing employees to falls after a 2019 fatality at a Starkville, MS, worksite. The tower building company faces $140,720 in penalties. In November of 2019, 43-year-old John Wayne Womack of Mountain View, Arkansas, died as the result of a fall from a communications tower while attempting to connect two sections during the construction. OSHA cited the company for failing to ensure employees used fall protection, and designating, identifying and training employees to provide rescue in the event of an emergency. The OSHA citing read: Type of Violation: Serious OSH ACT of 1970 Section (5)(a)(1): “The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to a suspension trauma: (a) Jobsite - On or about November 16, 2019 the employer failed to designate, identify, and train employees responsible for providing rescue in the event an employee falls and is left suspended, exposing the employee to suspension trauma. Among other methods, a feasible and acceptable means of abatement would be to develop and implement a site-specific rescue plan.” OSHA Jackson Area Office Director Courtney Bohannon said, “This tragedy underscores the legal requirement to implement a safety program that effectively addresses the hazards associated with communication tower work.” OSHA’s Communication Towers webpage provides resources on appropriate fall protection, and requirements employers must follow to ensure the safety of workers who climb telecommunications towers to perform construction activities. The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. |
| Source: | Inside Towers newsletter |
Courtesy of the editor of
Inside Towers
Jim Fryer.
Inside Towers is a daily newsletter by subscription. |
| BloostonLaw Newsletter |
Annual FCC Form 481 Due July 1In approximately one month, all eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. As a reminder, the FCC no longer requires copies of Form 481 to be filed with the FCC, state commissions, or tribal authorities. However, state commissions may have their own rules regarding the form that are still in effect. BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer. HeadlinesComments on End User Interstate Access Detariffing Due
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| BloostonLaw Private Users Update | Vol. 20, No. 5 | May 2020 |
During the National Emergency concerning the COVAD-19 pandemic, the Blooston Law Firm has converted to a virtual environment with its attorneys and staff mostly telecommuting, in keeping with the requirements of the DC Government and recommendations of the CDC. All Blooston Law personnel have remote access to their emails and voicemails, and will be fully engaged in helping our clients whether at home or in the office.
While state and local governments are starting to ease restrictions, we anticipate that our staff will continue telecommuting for the next several weeks, in order to meet social distancing guidelines — especially on public transportation.
We hope that everyone is able to stay safe and healthy.
BloostonLaw Contacts: John Prendergast and Richard Rubino
The FCC has adopted a Report and Order that will realign the 900 MHz band to create a new six megahertz-wide broadband segment to support growing technological needs for industrial use, while reserving the remaining four megahertz for narrowband operations. Applicants for a 900 MHz broadband license must provide an Eligibility Certification, which must list the licenses the applicant holds in the 900 MHz band to demonstrate that it holds more than 50% of the total licensed 900 MHz spectrum (whether SMR or B/ILT) for the relevant county, including credit for spectrum included in an application to acquire or relocate any covered incumbents filed on or after the NPRM’s release date, March 14, 2019. This highlights the FCC’s licensing scheme whereby applicants must run out ahead of the application process and buy, relocate or protect most of the 900 MHz spectrum in a county where it now wants to operate broadband operations. Thus, a fair amount of research, planning and negotiation will be required in connection with each application. The silver lining is that the FCC decided against selling these licenses by auction.
The 900 MHz band (896-901/935-940 MHz) is currently designated for narrowband land mobile radio communications and primarily used by land transportation, utility, manufacturing, and petrochemical companies. The band consists of 399 narrowband (12.5 kilohertz) frequency pairs grouped into 10-channel blocks that alternate between SMR blocks that are site-based or geographically licensed by Major Trading Area, and B/ILT blocks in which channels are assigned on a site-by-site basis.
The FCC notes that 900 MHz licensees generally operate narrowband conventional or trunked networks that support two-way voice and data communications. And, while the FCC expects that some 900 MHz licensees will continue to rely on narrowband deployments to satisfy a variety of communications needs, many 900 MHz licensees, particularly utilities and other industrial users, will require broadband coverage and capacity to meet the internal and external demands for enhanced connectivity. As a result, the FCC believes that broadband is an effective tool for addressing many 900 MHz licensees’ current and future needs, since it has the capability to support next generation services that are not typically associated with narrowband systems—such as surveillance, advanced metering, many mission-critical applications, one-to-many push-to-talk, 4x2 multiple-input multiple-output, and evolved Multimedia Broadcast Multicast Services.
To accomplish this transition, the FCC has chosen to primarily rely on a negotiation-based mechanism that uses private agreements between interested parties with knowledge of the existing spectral and operational environment. The Report and Order establishes procedures for obtaining a broadband license, as well as operational and technical rules to minimize harmful interference to narrowband operations. To further facilitate 900 MHz broadband opportunities while maintaining narrowband operations, the FCC also issued an Order of Proposed Modification regarding the 900 MHz nationwide ribbon license held by the Association of American Railroads. Finally, the FCC announced that it is partially lifting of the 900 MHz application freeze to allow applications for relocation under certain conditions.
Under the Report and Order, the FCC will:
Finally, the FCC declined to make the 800 MHz guard band available for relocation of 900 MHz narrowband channels.
BloostonLaw Contacts: John Prendergast and Richard Rubino
Last month, we reported that the FCC adopted rules that make 1,200 MHz of spectrum in the 6 GHz band (5.925-7.125 GHz) available for unlicensed devices. Unlicensed devices will share this spectrum with incumbent licensed services under rules that are crafted to protect those licensees and to enable both unlicensed and licensed operations to “thrive” throughout the band. With the publication of the FCC’s Order and Further Notice in the Federal Register, the following dates are significant:
The Report and Order authorizes two different types of unlicensed operations: standard-power over 850-megahertz of spectrum in the 6 GHz band, and indoor low-power operations over the full 1,200-megahertz available in the band. An automated frequency coordination (“AFC”) system would prevent standard power access points from operating where they could cause interference to incumbent services. For low-power indoor operations, the FCC concluded that there would be no need for AFC-controlled access since low-power devices would be (a) limited to indoor operation; (b) required to use a contention-based protocol; and (c) be subject to low-power operation. By limiting operation to indoor use only, the FCC determined that signal loss as the signal passes through walls would be sufficient to prevent harmful interference to incumbents. Additionally, the rules require a contention based protocol which is similar to the private land mobile protocol for shared channels that ensure that transmitters are not transmitting over the same spectrum simultaneously. Simply put, the unlicensed device is not supposed to transmit its data packet until the frequency is idle. Finally, low-power indoor access points will be limited to lower power levels than standard access points that utilize an automated frequency coordination system to prevent harmful interference to incumbent 6 GHz licensees.
A Further Notice of Proposed Rulemaking proposes to permit very low-power devices to operate across the 6 GHz band, to support high data rate applications including high-performance, wearable, augmented-reality and virtual-reality devices. Specifically, the Further Notice will seek comment on making a contiguous 1,200- megahertz block of spectrum available for the development of new and innovative high-speed, short-range devices and on power levels and other technical and operational measures to avoid causing interference to incumbent services. The Further Notice also seeks comment on increasing the power at which low-power indoor access points may operate.
BloostonLaw Contacts: John Prendergast and Cary Mitchell
On May 15, FCC Chairman Ajit Pai reiterated his call that Congress repeal the T-band auction mandate, a requirement of the Middle Class Tax Relief and Job Creation Act of 2012 (the Spectrum Act), while simultaneously announcing he has circulated to his fellow Commissioners a Notice of Proposed Rulemaking (NPRM), which would take the next statutorily required step to implement this mandate. While the mandate was directed at public safety licensees, any auction of T-band spectrum in the 470-512 MHz band will also have an adverse impact on any industrial users in that band since there is no discrete separation between public safety and industrial users in the T-band.
In urging Congress to act, Chairman Pai issued the following statement:
“An FCC auction of the T-band is a bad idea. But as of today, the law mandates that we do it. It’s unfortunate that Commission resources must be dedicated to laying the groundwork for an auction that will likely fail. This is especially true at a time when we are making every effort to keep Americans safe and connected, including allowing expanded temporary use of this very spectrum to help first responders save lives.
“Fortunately, there is bipartisan legislation in Congress to repeal this mandate, including bills that couple repeal with 911 fee diversion reform as reported out by the Committee on Commerce, Science, and Transportation of the U.S. Senate and the Subcommittee on Communications and Technology of the Committee on Energy and Commerce of the U.S. House of Representatives. I hope legislation passes soon so first responders who rely on this spectrum no longer need to worry about a potential loss of or significant disruption to their mission-critical radio systems. I remain committed to helping Congress in any way I can to ensure that such harms to public safety operations do not come to pass.”
By way of background, Congress passed the Spectrum Act requiring the FCC to reallocate T-band spectrum used by public safety licensees and “begin a system of competitive bidding” for reallocated spectrum by 2021 (the T-band mandate). The FCC reported to Congress that, based on its record on the T-band, an auction is unlikely to yield sufficient revenue to cover the costs to move public safety users out of the band (no decision has been made regarding any adversely affected industrial users in the band). Because the auction is mandated by law, the FCC has nevertheless circulated an NPRM that would, if adopted, take the next steps to begin a system of competitive bidding for the T-band if Congress fails to repeal the T-band mandate.
BloostonLaw Contacts: John Prendergast and Richard Rubino
The FCC has granted Long Island Power Authority’s (LIPA’s) request for waiver of the 900 MHz application freeze. LIPA is a New York State governmental entity and is the sole provider of electric utility transmission and distribution service to 1.1 million customers in Nassau County, Suffolk County, and the Rockaway Peninsula in Queens County, New York.
In September 2018, the FCC implemented a freeze on applications in the 900 MHz band for new or expanded operations in order to maintain a stable spectrum landscape while it determined how to proceed with the potential reconfiguration of the 900 MHz band to include a 3/3 MHz broadband segment.
LIPA requested a waiver of the 900 MHz application freeze so that it could upgrade its legacy 900 MHz system, which became obsolete because the equipment was no longer supported by its manufacturers. LIPA explains that it is in the process of upgrading to a P-25 Phase II digital, trunked, simulcast system that will provide enhanced capacity and facilitate interoperability during mutual aid operations and power restoration work in coordination with the Public Service Electric & Gas Company in New Jersey. Additionally, LIPA stated that it had been discussing its frequency plan for a new system with Anterix, a proponent of 900 MHz realignment to transition to broadband, as early as 2017, because it “wished to avoid future frequency changes and the associated system reprogramming should the FCC proceed with a realignment of the 900 MHz band to create a broadband segment.” As a result, LIPA entered into an agreement with Anterix to exchange five 900 MHz channels so that LIPA’s replacement system could be deployed on channels that would be outside the then-proposed broadband segment, thereby ensuring that LIPA’s frequency plan would not disrupt the FCC’s proposed realignment of the 900 MHz band.
In granting the waiver, the FCC concluded LIPA had met the first prong of the waiver — namely that the underlying purpose of the application freeze would not be frustrated. In this regard, the FCC noted that LIPA’s request would not undermine the purpose of the application freeze — which was to preserve the spectrum landscape in the 900 MHz band. The FCC stated further that a grant of LIPA’s waiver request will result shrink its coverage to a network tailored to covering LIPA’s Long Island service area — a situation that the FCC found distinguishes LIPA’s request from others where the narrowband incumbent sought to expand its use of 900 MHz frequencies by adding capacity and relocating operations substantially closer to a major market.
BloostonLaw Contacts: John Prendergast and Richard Rubino
In response to a complaint of interference from the European Space Agency to its Soil Moisture and Ocean Salinity satellite from a site near Windermere, Florida, the FCC’s Enforcement Bureau determined that radio emissions in the 1400-1429 MHz band were coming from a wireless camera that was mounted on the outside of Susan Piatek’s residence in Winter Garden, Florida. The EU Satellite performs measurements in the 1400- 1427 MHz band in order to observe soil moisture over landmasses and salinity over oceans so that it can map levels of soil moisture, sea surface salinity and sea ice thickness.
On May 22, 2019, the FCC issued the first of two warning notices to Ms. Piatek about the need to terminate the harmful interference. Unfortunately, it appears that Ms. Piatek ignored the FCC’s warnings on both occasions.
It is important to note that while many while many of our day-to-day devices transmit radio frequency (RF) energy – either intentionally or unintentionally — their use is still regulated by the FCC under Part 15 of the FCC’s Rules, even though separate licensing is not required. These sorts of devices, which include key fobs, wireless surveillance cameras, wireless printers, keyboards and mice, TV remotes, LED and some fluorescent bulbs, etc., are not permitted to cause harmful interference to licensed radio operations and must accept interference. Should interference occur, operation must cease immediately unless and until the interference can be remedied. Operation of these types of devices in a manner that is not consistent with Part 15 of the FCC’s rules is a violation of Section 301 of the Communications Act and can subject the user to significant fines, seizure of the offending equipment, and in a worst case scenario — even imprisonment.
To the extent that you are using Part 15 devices, it is important that you ensure that they are operated in a manner intended by the manufacturer and that operation cease if requested by the FCC due to an interference complaint. Should you receive a communication from the FCC, please contact our office right away so that we can assist in the preparation of any response that might be necessary.
Bloostonlaw Contacts: John Prendergast and Richard Rubino
In its Petition for Reconsideration of the FCC’s PLMR Report and Order which created new spectrum capacity (Interstitial 12.5 kHz channels in the 800 MHz band between 809-817/854-862 MHz), the Land Mobile Communications Council (a group comprised of FCC sanctioned frequency advisory committees) requested the FCC to clarify or reconsider four aspects of the contour overlap analysis required in the PLMR Report and Order, as follows:
In response to the LMCC petition, the FCC has (a) modified its rules to specify that applications for interstitial channels do not need to conduct a contour analysis if the distances in the FCC’s co-channel spacing rules are met or exceeded; (b) updated its rules to include a revised matrix submitted by LMCC that uses contour values based on interference, and not coverage to predict interference; (c) clarified that applicants for interstitial channels should assume that incumbent stations are operating at the maximum permitted effective radiated power associated with the station’s licensed antenna height, when calculating the potential of the new station to cause interference to the incumbent and (d) corrected certain clerical errors and omissions.
However, the FCC rejected LMCC’s request to allow applicants to use a contour values matrix posted on the LMCC website, which LMCC could periodically update to reflect new technology developments. While the LMCC request made pragmatic sense, the FCC concluded that its request was “precluded by the notice and comment provisions of the Administrative Procedure Act that would result in an inappropriate sub-delegation of Commission rulemaking authority to LMCC.” Under the LMCC proposal, the FCC felt it would be delegating to LMCC unilateral authority to modify a key element of the Commission’s rules — something that is impermissible and which could result in substantive changes from the very specific coordination rules that require the use of a specific methodology as adopted by the FCC to a “generally accepted” methodology that would be proffered by LMCC.
BloostonLaw Contacts: John Prendergast and Richard Rubino
The FCC has issued a Notice of Apparent Liability against DWireless & More Inc. (DWireless), provider of wireless Internet service in Puerto Rico. According to the NAL, DWireless was apparently operating an Unlicensed National Information Infrastructure (U-NII) device in an unauthorized manner that caused harmful interference to a Federal Aviation Administration (FAA) terminal Doppler weather radar station in San Juan, Puerto Rico.
In May 2018, the FCC issued DWireless a written warning regarding unauthorized operation of U-NII devices that caused harmful interference to the FAA terminal Doppler weather radar system in San Juan, Puerto Rico. DWireless responded that it had verified that all of its equipment was operating in accordance with the FCC’s Rules. A year later, in May 2019, the FAA again reported that it was receiving interference to its terminal Doppler weather radar system from a source operating on 5.610 GHz or an adjacent channel. Using direction finding equipment, the FCC was able to determine the potential source of the interference, which was an antenna that belonged to DWireless. An inspection of the DWireless System by the FCC revealed that DWireless had apparently mis-configured its Ubiuiti Devices on the frequency 5.858 GHz without having Dynamic Frequency Selection enabled, and without a license.
Because DWireless was operating its equipment without a license in a manner that was not authorized by the FCC and that such operation “did not satisfy the Rule Section 15.1(b) condition for unlicensed operation — namely that devices must be operated in accordance with the applicable provisions of part 15 of the Commission’s rules.” As a result, the FCC concluded that DWireless’ operation of its system on 5.858 GHz without Dynamic Frequency Selection enabled, and without a license, apparently violated Section 301 of the Communications Act of 1934 as well as Rule Sections 15.1(b) and 15.407(h)(2). These violations yielded an aggregate base forfeiture of $20,000. However, based on the prior warning and DWireless’ response to the warning that its system was being operated properly, the FCC concluded that the apparent violations were egregious and warranted an upward adjustment of $5,000.
This case and similar cases that we have reported on in the past clearly demonstrate the importance of ensuring that unlicensed devices authorized under Part 15 of the FCC’s Rules are operated in accordance with manufacturer instructions and the FCC’s rules. A failure to properly operate these devices (including the use of improper settings or configurations) in accordance with the requirements of Part 15 could result in a finding by the FCC that the operation is unauthorized. This sort of a finding could result in the imposition of a substantial fine that could be in the tens of thousands of dollars.
BloostonLaw Contacts: John Prendergast and Richard Rubino
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| THIS WEEK'S MUSIC VIDEO |
Tal Ben Ari “Tula”Tel Aviv, IsraelBiography“Tula’s, beauty, enormous talent and soul, all brought together in perfect harmony. Her voice is like a lighthouse that illuminates the darkness of the world.” Rising star, Tal Ben Ari, aka, Tula, came to the public’s eye back in 2006 when her participation in the videos “Chanda Mama’” and “Lets Not Worry” with international project Playing for Change, became a huge viral hit, with millions of views on YouTube. This marked the beginning of a successful and fruitful international career as a singer and performer. Tula was born in Tel Aviv, to a half Yemenite, half polish family. Growing with these joined roots in the melting pot of the Israel and the Middle East would influence her music deeply in the years to come. At the age of 21, Tula arrived to Barcelona, where she found a vibrant and eclectic musical scene. She started studying music in “Taller de Music” school, while alongside she worked as a street musician. She collaborated with other musicians she met from all over the world and after a short while, a talk started around town about an Israeli singer with an angel’s voice. Pretty soon she was approached with offers to join some of Barcelona’s most prominent bands of the Jazz and world music scène. Such as: Asikides, Moussakis, Man Ex Maqina, 08001, The duo project Skyland, and the Cuban A cappella quartet, Gema 4. (Watch Gema 4 videos) She performed and recorded with these groups all around the world, and developed an international reputation as a versatile, virtuoso singer, who can easily perform various genres of music with an enormous skill. After developing her reputation, Tula was approached with the famous international project, Playing for Change. With PFC, she joined her voice to the union and peace through music. She collaborated on 2 albums and 3 DVD’s of “songs around the world.” Tula toured all around the world and performed in some of the most prestige stages and festivals a musician can dream of. Among them were NY Lincoln center, JF Kennedy center in Washington, Glastonbury festival, La Carouselle du Louvre, Teatro De San Carlo in Napoli, Byron Blues Fest, The Jay Lenno’s late night show as well as hundreds of other festivals, in more than nine years of intensive touring. With PFC she also won two prestigious Grammy awards in Brazil. And was hailed by magazines such as Rolling Stones. In the last decade she shared the stage with some prominent artists including Robert Plant, India Arie, Keb Mo, John Densmore (the doors), Tinariwein, Baaba Mal, Ellis Hall, El Peret, Lucrecia and many more. The success with PFC led to many other offers and opportunities. Including solo appearances with the Lyon Symphony, Ted talks and countless other collaborations and projects. However, for the past three years, Tula has intentionally decreased her touring, so she could focus more on her solo career. Tula’s solo career started back in 2012, when she recorded her first solo album “Sheela”, with American producer Dave Bianchi. The album was released with What about Music label, and was a huge success. Following her debut album, Tula then recorded her second album, “Skyland”, together with Cuban singer and guitarist Mel Seme. This album, released in the same label continued Tula’s musical line, which combines Israeli folklore with Latin American and ladino influences. Tula’s unique sound is derived from her deep roots as well as her deep immersion in the traditions of Latin American music. As well as her virtuosic ability as a singer, Tula has also mastered the guitar and the percussion as her secondary instruments. This incredible versatility allowed her to explore the different genres she created in, to their deepest levels. In 2016, Tula moved back to Tel Aviv after 11 years abroad. In Tel Aviv, she had immediately started collaborating with some of the countries most prominent world and jazz musicians, performing all around the country and collaborating abroad. Also in 2016, Tula also started collaboration with electronic music producers such as the famous Junno Reactor (matrix movies) and Haim laroz (Zehava Ben) with this project, Tula is performing in some of the world’s biggest electronic music festivals. |
| Source: | Playing For Change | YouTube |
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