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Wireless News Aggregation

Friday — September 4, 2020 — Issue No. 924

Welcome Back To

The Wireless
Messaging News

This Week's Wireless News Headlines:

  • Computer repair may cause one or two missed weekly newsletters.
  • Apple mistakenly approved a widely used malware to run on Macs
  • Statum Systems Unveils Way To Replace Hospital Pagers One Interface To All Medical Communications
    • Brad's comments: Is this magic? It's certainly not science.
  • FCC generates more than $4.5 billion in latest wireless spectrum auction
  • InsideTowers
    • Carrier Recap of Laura: Verizon Launches Largest Deployment Ever
  • BloostonLaw Telecom Update
    • RDOF Application Corrections Due September 24
    • FCC Releases Text of Application Fee Schedule Proposal NPRM
    • Winning Bidders Announced for 3.5 GHz Auction; Down Payment and Long Forms Due Sep. 17
    • Small Cable Providers in Court to Stop C-Band Repack
    • Anti-5G Legislation Introduced in Illinois
    • FCC Issues Report Supporting Unmanned Aircraft Systems Use in 5030-5091 MHz Band
    • FCC Announces Transfer of White Space Database to Red Technologies
    • Deadlines
    • Calendar At-a-Glance
  • BloostonLaw Private Users Update
    • FCC Denies Waiver to Grandfather 3650-3700 MHz License
    • FCC Grants Extension of Time for Incumbent Earth Stations to Make Lump Sum Reimbursement Election – New Deadline is September 14, 2020
    • FCC Upholds $25K Fine Against Mobile Relay Associates for Failure to Monitor
    • 911 Reliability Certification System Available; Filings Due October 15
    • FCC Announces New Speed Test App
    • FCC Adopts Declaratory Ruling to Clarify Pole Attachment Rules
    • Contacts
    • Phil Leavitt
    • Sonic Transmitters Available
    • “Hasta la Raíz”
    • Song Across Latin America • International Committee of the Red Cross • Playing For Change

During one of those severe summer thunderstorms recently — at the very moment of a loud thunder clap — my Internet quit working. The tech from the telephone company came out and replaced my MODEM/Router but my main computer — which is my pride and joy — wouldn't re-connect.

Other devices in the house would connect through the new MODEM but no luck with my Mac Pro. Fortunately it is covered by an extended warranty, so I called Apple support. I got an Apple "genius" on the line who recommended that I try the second Ethernet port on the computer to connect to the MODEM and it worked!

So that proved that one of the two Ethernet ports was damaged. The nearest Apple store is in St. Louis — a two-hour drive from here — but it is closed for the pandemic.

So my computer is going to be sent to the Apple repair center in Memphis. The turn-around time will be one to two weeks, so please don't be surprised if I miss an issue or two of the newsletter. I am not sure about the timing, a shipping container has to come here first.

Oh, by the way, like the closing the barn door after the horse escaped, I have installed two new surge suppressors. One for the telephone line (aDSL) and one for the Ethernet cable. I already had one in the UPS on the AC power to the computer.

Wireless Messaging News

  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Two-way Radio
  • Technology
  • Telemetry
  • Science
  • Paging
  • Wi-Fi
wireless logo medium


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.



These are uncertain times.

How would you like to help support The Wireless Messaging News? Your support is needed. New advertising and donations have fallen off considerably.
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Advertiser Index

Easy Solutions  (Vaughan Bowden)
IWA Technical Services, Inc.  (Ira Wiesenfeld)
Leavitt Communications  (Phil Leavitt)
Media 1
Prism-IPX Systems  (Jim Nelson & John Bishop)
Paging & Wireless Network Planners LLC  (Ron Mercer)
Wex International Limited

Service Monitors and Frequency Standards for Sale

Motorola Service Monitor

IFR Service Monitor

Efratom Rubidium Standard

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

Qty Item Notes
2 Late IFR 500As with new batteries
1 Motorola R 2001D  
4 Motorola R 2400 and 2410A  
5 Motorola R 2600 and R 2660 late S/Ns  
4 Motorola R 1200  
2 Motorola R 2200  
2 Stand-alone Efratom Rubidium Frequency Standards 10 MHz output
1 Telawave model 44 wattmeter Recently calibrated
1 IFR 1000S  
All sold with 7 day ROR (Right of Refusal), recent calibration, operation manual and accessories  
Factory carrying cases for each with calibration certificate  
Many parts and accessories  

Frank Moorman animated left arrow

(254) 596-1124

Passive Audio Amps For Smart Phones

Buy An Amp today

Oh 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:

Owl’s Nest
2006 Kelty Road
Franktown, Colorado 80116

Tel: 303-954-8229
Location: Map
Social Media: Facebook
Twitter: @owlsnestfranktown
E-mail: Virginia Angus
Allan Angus

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.

Leavitt Communications


50 years experience providing and supporting radio and paging customers worldwide. Call us anytime we can be useful!






Minitor VI

Leavitt sells and supports most pager brands. We stock Unication G1, G5, Secure and some Elegant pagers. Call or e-mail for price and availability.

Philip C. Leavitt, V.P.
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253

Web Site:
Mobile phone: 847-494-0000
Telephone: 847-955-0511
Fax: 270-447-1909
Skype ID: pcleavitt

Apple mistakenly approved a widely used malware to run on Macs

Zack Whittaker • 9:00 am CDT • August 31, 2020

Image Credits: NurPhoto/Getty Images

Apple has some of the strictest rules to prevent malicious software from landing in its app store, even if on occasion a bad app slips through the net. But last year Apple took its toughest approach yet by requiring developers to submit their apps for security checks in order to run on millions of Macs unhindered.

The process, which Apple calls “notarization,” scans an app for security issues and malicious content. If approved, the Mac’s in-built security screening software, Gatekeeper, allows the app to run. Apps that don’t pass the security sniff test are denied, and are blocked from running.

But security researchers say they have found the first Mac malware inadvertently notarized by Apple.

Peter Dantini, working with Patrick Wardle, a well-known Mac security researcher, found a malware campaign disguised as an Adobe Flash installer. These campaigns are common and have been around for years — even if Flash is rarely used these days — and most run unnotarized code, which Macs block immediately when opened.

But Dantini and Wardle found that one malicious Flash installer had code notarized by Apple and would run on Macs.

The malicious installer was notarized by Apple, and could be run on the latest versions of macOS. (Image: Patrick Wardle/supplied)

Wardle confirmed that Apple had approved code used by the popular Shlayer malware, which security firm Kaspersky said is the “most common threat” that Macs faced in 2019. Shlayer is a kind of adware that intercepts encrypted web traffic — even from HTTPS-enabled sites — and replaces websites and search results with its own ads, making fraudulent ad money for the operators.

“As far as I know, this is a first,” Wardle wrote in a blog post, shared with TechCrunch.

Wardle said that means Apple did not detect the malicious code when it was submitted and approved it to run on Macs — even on the unreleased beta version of macOS Big Sur, expected out later this year.

Apple revoked the notarized payloads after Wardle reached out, preventing the malware from running on Macs in the future.

In a statement, a spokesperson for Apple told TechCrunch: “Malicious software constantly changes, and Apple’s notarization system helps us keep malware off the Mac and allow us to respond quickly when it’s discovered. Upon learning of this adware, we revoked the identified variant, disabled the developer account, and revoked the associated certificates. We thank the researchers for their assistance in keeping our users safe.”

But Wardle said that the attackers were back soon after with a new, notarized payload, able to circumvent the Mac’s security all over again. Apple confirmed to TechCrunch it has also blocked that payload. The cat and mouse game continues.

Updated with comment from Apple.


Tech Crunch



Hong Kong




W8008 Thinnest IP67 Rated Alphanumeric Pager 4 Line/8 Line, OLED Display, Now with Magnetic Charger

W8001 (4 Line/8 Line IP67 Alphanumeric Pager)

W2028 (2 Line/4 Line Alphanumeric Pager)
  • Available in VHF, UHF & 900 MHz Full Range Frequency Bands
  • We are OEM for Major Brand names in USA and Europe
  • We also Design and Manufacture POCSAG Decoder Boards
  • We can Design and Manufacture to customer specifications
  • Factory located in Shenzhen, China
  • Pagers have FCC, RoHs, C-Tick, CE-EMC, IC Approvals

Visit our websites for more details

For ESPAÑOL, PORTUGUÊS AND DEUTSCH versions, please go to:

For Trade inquiries contact:
Eric Dilip Kumar

Paging Transmitters 150/900 MHz

The RFI High Performance Paging Transmitter is designed for use in campus, city, state and country-wide paging systems. Designed for use where reliable simulcast systems where RF signal overlap coverage is critical.

  • Commercial Paging systems.
  • Healthcare Paging systems.
  • Public Safety Emergency Services Paging systems.
  • Demand Response Energy Grid Management.

Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.

  • Use as a stand-alone unit or in wide area network.
  • Mix with other transmitter brands in an existing paging network.
  • Adjustable from 20-250 watts.
  • 110/240 VAC or 48VDC.
  • Absolute Delay Correction.
  • Remote Diagnostics.
  • Configurable alarm thresholds.
  • Integrated Isolator.
  • Superb Reliability.
  • Improved amplifier efficiency.
  • Most reliable high-powered paging transmitter available.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email:


“Is Paging Going Away?” by Jim Nelson

  • Click here for English.
  • Click here for German. (Berlin Revision: November 8, 2016)
  • Click here for French.

Here is an English PDF edit of this paper formatted with page breaks and suitable for printing.

Volunteers needed for translations into other languages.

Board of Advisors

The Wireless Messaging News
Board of Advisors

Frank McNeill
Founder & CEO
Communications Specialists
Jim Nelson
President & CEO
Prism Systems International
Kevin D. McFarland, MSCIS
Sr. Application Systems Analyst
Medical Center
Paul Lauttamus, President
Lauttamus Communications & Security
R.H. (Ron) Mercer
Wireless Consultant
Barry Kanne
Paging Industry Veteran
Ira Wiesenfeld, P.E.
Consulting Engineer
Allan Angus
Consulting Engineer

The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.


Can You Help The Newsletter?

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

Reader Support

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

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


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



10 Vanadium Place, Addington
Christchurch 8024, New Zealand
Ph: +64 (0)3 379 2298
Web Page:
Free: 0508 Salcom (NZ Only)



Easy Solutions

easy solutions

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.

  • We treat our customers like family. We don’t just fix problems . . . We recommend and implement better cost-effective solutions.
  • We are not just another vendor . . . We are a part of your team. All the advantages of high priced full-time employment without the cost.
  • We are not in the Technical Services business . . . We are in the Customer Satisfaction business.

Experts in Paging Infrastructure

  • Glenayre, Motorola, Unipage, etc.
  • Excellent Service Contracts
  • Full Service—Beyond Factory Support
  • Making systems More Reliable and MORE PROFITABLE for over 30 years.

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  e-mail  us for more information.

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023

Vaughan Bowden
Telephone: 972-898-1119
Telephone: 214 785-8255


I 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.

Input Protocols: Serial and IP
Output Protocols: Serial and IP
FLEX (optional PURC control)   POCSAG (optional PURC control)

Additional/Optional Features

  • Database of up to 5000 subscribers.
  • 4 serial ports on board.
  • Up to 8 phone lines (DID or POTS).
  • Can be configured for auto-fail-over to hot swap standby.
  • 1RU rack mount unit appliance—no moving parts.
  • Easily secure legacy system messages leaving site for HIPAA compliance.
  • Only purchase the protocols/options you need.
  • Add Paging Encryption for HIPAA compliance on site.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail:

Statum Systems Unveils Way To Replace Hospital Pagers One Interface To All Medical Communications

By AIT News Desk On Sep 1, 2020

StatumHEALTH users can receive messages on smartphones in locations without WiFi or cell coverage

Statum Systems, a healthcare IT startup, announced StatumHEALTH, a HIPAA-compliant medical communication and collaboration platform that securely connects caregivers with each other and with hospital systems and data.

“Statum Systems was founded to solve a critical problem plaguing healthcare today — inefficient and unreliable communications among care teams,” said Dr. Arman Serebrakian, a surgery resident and company co-founder.

StatumHEALTH is the only solution that allows users to receive critical messages on smartphones in locations without WiFi or cell coverage, enabling medical professionals to stop carrying pagers or other specialty communication devices.

“Caregivers are forced to constantly toggle between pagers, smartphone apps, hospital systems and telephones to access EHR and collaborate with colleagues, making it difficult to communicate competently,” added Dr. Serebrakian. “And that’s why we developed this innovation.”

StatumHEALTH’s patent-pending technology streamlines collaboration workflows and increases caseload efficiency with fast access to medical systems (like EHR) and the ability to quickly reach the right person by voice, text or video — all from a regular smartphone.

StatumHEALTH patient care sessions ensure that medical teams can conduct secure, confidential HIPAA-compliant dialogues. Built-in intelligence alerts caregivers of relevant dialogues and provides additional patient-related information upon request. StatumHEALTH collects unique communication and productivity data, enabling improved performance and quality monitoring and predictive analytics.

“Dramatically improving the way medical professionals collaborate is critical for delivering quality care,” says Fred Lizza, Statum Systems CEO. “Patients realize better health outcomes, as caregivers work with fewer communication errors and delays, and medical centers improve their financial stance. From healthcare crises to everyday operations, it’s critical for our essential caregivers to have access to the right tools.”

Brad's comments:

Well, they say: “. . . users can receive messages on smartphones in locations without WiFi or cell coverage.” So could someone explain to me how an app added to a smartphone can facilitate receiving messages in areas without cellphone coverage? Oh . . . maybe it's magic.

On their web site they say, “Get the failsafe reach & penetration of paging frequencies with the rich multi-media content of cellular, WiFi & Bluetooth.” More magic?

How in the world are you going to be able to get the “reach & penetration” of paging without a pager?

I used to work in the Motorola factory (as International Market Development Manager) where most of the world's pagers were designed and manufactured and I can assure you that there was a lot of engineering involved in producing those great products — not something a cellphone can emulate — smart or not.

Source: Aithority  

Paging Data Receiver PDR-4

The PDR-4 is a multi-function paging data receiver that decodes paging messages and outputs them via the serial port, USB or Ethernet connectors.

Designed for use with Prism-IPX ECHO software Message Logging Software to receive messages and log the information for proof of transmission over the air, and if the data was error free.

  • Option—decode capcode list or all messages.
  • Large capcode capacity.
  • Serial, USB and Ethernet output.
  • POCSAG or FLEX page decoding, special SA protocols.
  • Receivers for paging bands in VHF, UHF, 900 MHz.
  • Message activated Alarm Output.
  • 8 programmable relay outputs.
  • Send notifications of a system problem.
  • Synthesized Receiver Tuning.
  • Selectivity better than 60 dB.
  • Frequencies 148-174, 450-470, 929-932 MHz.
  • Image Rejection better than 55 dB.
  • Spurious Rejection better than 55 dB.
  • Channel Spacing 12.5 or 25 kHz.
  • Power 5VDC.
  • Receiving Sensitivity 5µV at 1200 bps.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail:

Wireless Network Planners

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer
217 First Street
East Northport, NY 11731

ron mercer
Telephone: 631-786-9359 left arrow left arrow

FCC generates more than $4.5 billion in latest wireless spectrum auction

More than 20,000 spectrum licenses were scooped up

By Shawn Knight, September 3, 2020 9:22 AM

The big picture: The Federal Communications Commission this week announced the winners of its recent 3.5GHz band auction, which offered the largest number of spectrum licenses ever in a single FCC auction. Verizon and Dish shelled out big time while AT&T and T-Mobile were mostly inactive, likely building their war chest for the C-band auction later this year.

The auction, which began on July 23 and wrapped up on August 25, offered 70 megahertz of Priority Access Licenses (PALs) in the 3550-3650 MHz band. In total, the auction generated $4,585,663,345 from 228 bidders who won a total of 20,625 licenses.

Verizon Wireless was the biggest spender in the auction, agreeing to license $1,893,791,991 worth of spectrum. Dish Network, bidding as Wetterhorn Wireless LLC, committed to $912,939,410 in exchange for 5,492 PALs.

Charter, bidding as Spectrum Wireless Holdings, XF Wireless Investment / Comcast and Cox Communications rounded out the top five with total bids of $464,251,209, $458,725,900 and $212,805,412, respectively.

Curiously enough, AT&T didn’t participate in the auction and T-Mobile only picked up a handful of licenses. Mark Lowenstein, managing director of Mobile Ecosystem, believes AT&T and T-Mobile might be saving their ammunition for the C-band auction scheduled for December.

The FCC said winning bidders have until September 17 to submit a down payment totaling 20 percent of their winning bid(s). Full payment is due by October 1, 2020.

Source: TECHSPOT  

Consulting Alliance

Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects.

Click here left arrow for a summary of their qualifications and experience. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work.

Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience.

“If you would know the road ahead, ask someone who has traveled it.” — Chinese Proverb

WHAT IS 5G? 5G is the next generation of wireless networks and promises a mobile experience that's 10x to 100x faster than today's 4G networks. We say the word promise because we're in the early days of 5G. When more smartphones and networks support 5G tech, it will have far-reaching consequences for consumers, from the cars we drive (or that drive us) to the food we eat to the safety of our roads to the ways we shop to the entertainment we share with family and friends. And that doesn't include things we haven't yet imagined because we've never had the capability to unlock those new scenarios. Today, 5G may seem confusing even as it's widely hyped. We're here to help you sort fact from fiction, weed through the acronyms and jargon, and figure out when and how 5G can change the way you live. And we'll keep you from getting caught up in hyperbole — and empty promises. [ source ]

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-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems.


Common Features:

  • RJ45 for A, B and Common connectors.
  • Manual push button or use Prism IP commands to switch one or more relays.
  • Single or Dual Port Control card for IP or Serial connection.
  • Form C relay—control local connection.
  • Power Loss Indicator.
  • Rear Panel Connector for controlling the switch externally.
  • Power Source: 5VDC for ABX-1; 12VDC for ABX-3.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail:

Leavitt Communications

We can supply alphanumeric display, numeric display, and voice pagers.

We also offer NEW and refurbished Alphamate 250s, refurbished Alphamate IIs, the original Alphamate refurbished, and new and refurbished pagers, pager repairs, pager parts, and accessories. We are FULL SERVICE in Paging! Outstanding service is our goal.

E-mail Phil Leavitt ( ) for pricing and delivery information, or for a list of other available paging and two-way related equipment.

Phil Leavitt

7508 N. Red Ledge Drive
Paradise Valley, AZ 85253

Inside Towers Newsletter

Friday, September 4, 2020 Volume 8 | Issue 173

Carrier Recap of Laura: Verizon Launches Largest Deployment Ever

Verizon's mobile command center in Lake Charles, LA.

Restoration efforts continue in the Lake Charles, Shreveport and Vernon areas of Louisiana with additional cell sites coming back in service over the past 48 hours. Verizon said it continues the additional deployment of satellite and microwave assets to temporarily replace broken fiber in the network and there is still lots of work to do. The carrier said customers should see an improvement in service in much of that area while refueling operations also continue throughout the day and night, providing fuel to generators while residents wait for commercial power to be restored.

As the coastal area becomes more accessible to emergency operations and first responders, Verizon has installed three satellite-linked cell sites to provide service to first responders and customers. Additional satellite-linked cell sites are being deployed along the coast to help with restoration efforts in that area.

This effort continues to be one of the largest mobilizations of satellite assets in the company’s history. To date, engineers have deployed 21 satellite links on trailers to cell towers without fiber connection and 14 mobile satellite-linked cell sites for emergency responders and customers.

Verizon said customers can help the American Red Cross or World Central Kitchen in their disaster relief efforts by texting the word LAURA to 90999 for American Red Cross, or FOOD to 80100 for World Central Kitchen, and $10 will be added to their Verizon Wireless bill.

Source: Inside Towers newsletter Courtesy of the editor of Inside Towers Jim Fryer.
Inside Towers is a daily newsletter by subscription.

BloostonLaw Newsletter

Selected portions [sometimes more — sometimes less — sometimes the whole updates] of the BloostonLaw Telecom Update and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP — are reproduced in this section of The Wireless Messaging News with kind permission from the firm's partners. The firm's contact information is included at the end of this section of the newsletter.

  BloostonLaw Telecom Update Vol. 23, No. 37 September 2, 2020  

RDOF Application Corrections Due September 24

On September 1, the FCC issued a Public Notice announcing the results of its review of the 505 short-form applications received for Rural Digital Opportunity Fund Phase I Auction (Auction 904). 121 applications were deemed complete, while 384 applications (i.e., 76% of all applications filed) were deemed incomplete.

A list of incomplete applications can be found here. Applicants whose applications were deemed incomplete should expect to receive a letter identifying each deficiency in its application via overnight delivery to the contact person and contact address listed in the application. To become a qualified bidder for Auction 904, each applicant must resubmit its application, having corrected any deficiencies, prior to 6:00 p.m. ET on Wednesday, September 23, 2020. It is best to file at least a day early, as failure to file will not be excused, even if it is because of problems accessing the FCC filing portal (which generally slows down due to the final rush of applicants trying to beat the deadline.

The FCC’s anti-collusion rule, which prohibits applicants from communicating with any other applicant in any manner the substance of its own, or one another’s, or any competing applicant’s bids or bidding strategies, is in effect until after the post-auction deadline for winning bidders to submit applications for support.


FCC Releases Text of Application Fee Schedule Proposal NPRM

On August 26, the FCC released the full text of its Notice of Proposed Rulemaking seeking comment on a new application fee schedule proposing significant changes to the FCC’s existing fee schedule in both types of applications and other processes covered by the fee requirement and also in the amount of fees proposed. Comment deadlines have not yet been established.

The NPRM begins the process of implementing the section of RAY BAUM’S Act of 2018 that changed the structure of the FCC’s application fees by moving from a schedule established by statute and updated to keep pace with the Consumer Price Index to one where the FCC has discretion to amend the schedule of application fees itself and set them based on the “costs of the FCC to process applications.” As shown below, many filings will now be subject to fees that previously were not. In addition to adjusting the cost of existing fees, new fees have been added, and existing fees have been removed, as the FCC deems appropriate. Some of the new cost-based fees proposed by the FCC include:

Application Current Fee Cost-based Fee
Domestic 214 Applications—Part 63 Transfers of Control $1,195 $1,230
Domestic 214 Applications—Special Temporary Authority n/a $675
Domestic 214 Applications—Part 63 Discontinuances (Non-Standard Review) n/a $1,230
Domestic 214 Applications—Part 63 Discontinuances (Standard Streamlined Review) n/a $335
Interconnected VoIP Numbering Authorization Applications—Part 51 n/a $1,330
Tariff Filing $960 $930
Complex Tariff Filing (Large) n/a $6,540
Complex Tariff Filing (Small) n/a $3,270
Application for Special Permission for Waiver of Tariff Rules $960 $375
Waivers, Part 61 and Part 69 $960 Remove
Universal Service Short- Form Auction Application n/a $1,030
Universal Service Long Form Auction Application n/a $1,935
Accounting studies- Depreciation Update Study $40,465 Remove
Waiver of Accounting Rules $9,120 $4,415
Section 208 Formal Complaint $235 $540
Section 224 Pole Attachment Complaint $295 $540

In addition to changing the actual fees, the FCC also proposes to streamline its schedule of application fees, consolidating the eight separate categories of fees currently in its rules down to five functional categories: Wireless Licensing Fees, Media Licensing Fees, Equipment Approval Fees, Domestic Service Fees, and International Service Fees; and to consolidate its approach to listing application fees, reducing the total number of application fees from 450 to 167.

interested in filing comments on the NPRM may contact the firm for more information.

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

Winning Bidders Announced for 3.5 GHz Auction; Down Payment and Long Forms Due Sep. 17

The FCC this morning issued its Winning Bidders Public Notice for Auction 105 (FCC 20-1009). The auction raised a total of $4,543,232,339 in net bids ($4,585,663,345 in gross bids), with 228 bidders winning a total of 20,625 licenses. Under the Commission’s rules, winning bidders will be required to have on deposit with the FCC enough funds to cover the 20% down payment on their winning bid(s) with 10 business days, or by 6 pm ET on Thursday, September 17th. September 17th is also the deadline for winning bidders to submit their long-form (FCC Form 601) applications to the FCC and to have on file a current FCC Form 602 wireless ownership report. Final license payments will be due two weeks later by Thursday, October 1st.

On review of the bidding results (available on the FCC’s Public Reporting System at, there were some real surprises. As expected, Verizon was the top bidder by far, and the company had gross winning bids of $1.89 billion (more than 40% of the auction proceeds). In contrast, AT&T (which filed a short-form application as “AT&T Spectrum Frontiers”) apparently elected not to bid, and the company submitted a token upfront payment of just $1,000 (the minimum required to bid for one PAL license in a small county). This would seem to suggest that AT&T is focusing its mid-band efforts on the C-band Auction 107 coming up later this year. The third nationwide wireless carrier, T- Mobile (having closed on its merger with Sprint) won a total of eight (8) PAL licenses spread over 6 counties for a winning bid amount of $5.58 million. T-Mobile may also be conserving its budget for bidding for mid-band PEA licenses in Auction 107. The company may also be relying on the fact that it now holds (by reason of the Sprint merger) nearly 80 percent of the licenses for 2500 MHz EBS and BRS spectrum, which equates to an average of 150 MHz of capacity in 2500 MHz nationwide. This spectrum range is generally viewed as similar in propagation to the 3.5 GHz “mid-band” spectrum sold in Auction 105.

Who else spent big in Auction 105? Cable and satellite TV providers appear to have made up a fairly large sampling of the larger winning bidders in terms of dollars spent and PAL licenses won.

  • Cox Communications won 470 PAL licenses in 173 counties (spending just under $213 million).
  • Mediacom won 576 PAL licenses in 178 counties (spending just under $30 million).
  • Midcontinent won 269 PAL licenses in 75 counties (spending more than $8.8 million).
  • DISH (bidding as Wetterhorn Wireless) won 5,492 PAL licenses in 3,128 counties (spending more than $912 million)
  • Comcast (bidding as XF Wireless Investment LLC) won 830 PAL licenses in 306 counties (spending more than $458 million)
  • Charter Communications/Newhouse (bidding as Spectrum Wireless Holdings, LLC) won 210 PAL licenses in 106 counties (spending more than $464 million)

A lot of other non-traditional players were involved in Auction 105 as well. In this regard, Chevron committed more than $1 million for 26 licenses; Deere & Company won five licenses for $545,999; OXY, USA won 31 licenses for $4.8 million; and Alabama Power Company won 271 licenses for almost $19 million.

BloostonLaw Contacts: Cary Mitchell, John Prendergast

Small Cable Providers in Court to Stop C-Band Repack

A trade association that represents small cable companies has asked the DC Circuit to stay the FCC’s September 14 deadline for accepting a lump sum payment for vacating the lower portion of the satellite C-band. The C-band repack is significant because it is through this mechanism that the FCC is reallocating a significant block of mid-band spectrum for 5G services in Auction 107 (3.7 GHz Service), with bidding scheduled to begin in December. We note that the short-form filing window for Auction 107 opens on September 9th and runs through September 22nd. Clients that are interested in participating in Auction 107 should contact the firm without delay so we can firm up attorney assignments and determine what information is needed to complete a short-form application.

The FCC had previously set an August 31 deadline for satellite earth station operators (like cable companies) to choose between receiving a lump-sum payment or being able to submit itemized relocation expenses. However, some cable providers (represented by ACA Connects) objected to the deadline, as well as the FCC’s underlying ruling, because the FCC’s reimbursement cost catalog did not include compensating cable operators for integrated receiver/decoders, as the cable operators wanted. Electing a lump sum means “irrevocably waiving other compensation,” said ACA, so it wants the FCC to correct the formula for determining the payments. The association had asked for a ruling on its stay request by August 26, but the FCC denied ACA’s petition last week and it extended the election deadline by two weeks in lieu of granting a stay. Broadcasters, who are also impacted by the C-band repack, have opposed ACA’s request as “greedy.”

In its court filing, ACA argues that “deficiencies in formulating the lump-sum amount could indefinitely defer fiber-optic deployment that would allow upgrades and expansion of broadband access in areas served by ACA Connects’ members.” Including the costs for integrated receiver/decoders would make it easier for cable providers to move to fiber delivery, but the FCC has argued that the lump sum was meant to approximate the cost of moving earth stations, not upgrading to a new distribution technology.

While it is unclear how the DC Circuit will rule on the petition for stay, the FCC is unlikely to delay its schedule for Auction 107 (and related application deadlines) unless it is forced to do so. An order was issued on Monday denying ACA’s request for administrative stay, finding ACA had not shown likelihood of success on the merits, it had not shown that its members would suffer irreparable harm, and it had not shown that the equities favor a stay. It concluded that grant of a stay would harm potential Auction 107 bidders by introducing uncertainty, complicating their auction strategies, and impeding their ability to plan and prepare for the financial obligations of being 3.7 GHz Service licensees. Accordingly, we strongly urge clients who are considering participation in Auction 107 not to count on any postponement of the September 22 short-form application deadline.

BloostonLaw Contacts: Cary Mitchell, John Prendergast

Law and Regulation

Anti-5G Legislation Introduced in Illinois

On August 13, Illinois State Representative Deanne Mazzochi announced that she has introduced new legislation to protect the residents of her district “from the proliferation of controversial 5G wireless canisters in suburban communities.” Called the Protect Me from 5G Act, the introduced legislation has the following key elements, according to a press release:

  • Radio frequency monitoring – Requiring a monitoring plan and tracking and recording daily levels of radio frequency emissions produced by 5G equipment;
  • Noise monitoring — Requiring a written report that analyzes acoustic noise levels for small wireless facilities and all associated equipment
  • Environmental protection — Requiring a certification of a federal environmental assessment.
  • Equipment restrictions – Requiring equipment, when replaced, to be swapped with the smallest commercially used and available equipment.
  • Alternate Location Authority – – Allowing local governments to propose new small wireless facilities be installed on existing poles within 200 feet of requested location of a new proposed pole, in order to protect aesthetics and limit the number of new poles.
  • Closing application loophole – Clarifying that wireless service providers must submit new applications when seeking to replace existing small wireless facility equipment with significantly different equipment
  • Below ground devices — Allowing local governments to require small wireless facilities and related equipment to be below ground as new technology for doing so becomes available.
  • Easement rules — Requiring proof of authority when wireless service providers seek to use easements outside of the public way

“Our neighborhoods welcome technological advances,” Mazzochi said. “But those same neighborhoods also need the right to decide at the local level whether certain aesthetic or safety costs are worth it ... [O]ur local municipalities and residents were not informed of the real-world implementation plans under the prior legislation ... the time to reexamine this legislation is now, and we must give more authorities to communities and homeowners at the local level with the ‘Protect Me From 5G Act.’”

The Communications Act generally prohibits ‘barriers to entry’ to wireless service, and local laws must be crafted so as to fall short of that line. If it passes, the Protect Me From 5G Act may serve as a model for other localities, should it also stand up to challenge.

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

FCC Issues Report Supporting Unmanned Aircraft Systems Use in 5030-5091 MHz Band

On August 27, the FCC released a report on spectrum usage for unmanned aircraft system (UAS) operations. The report finds that the 5030-5091 MHz band is suitable for such operations and recommends that the Commission begin a rulemaking to develop service and licensing rules enabling UAS use of that band. The report also finds that alternative frequencies licensed under flexible-use service rules are a promising option for UAS communications. The report notes that, absent specific restrictions in the spectrum allocation or service rules, current law does not prohibit UAS communications in the flexible-use bands, but it finds that UAS does have the potential to cause harmful interference to other operations and recommends that the Commission continue to review the use of flexible-use bands for drones. Separately, the report raises concerns with similar proposed usage of the 960-1164 MHz band and recommends continuing to seek public and stakeholder input on that issue.

“With the increased reliance on UAS for various business and consumer uses, this was an appropriate time for Commission staff to review the spectrum needs of UAS,” said Don Stockdale, Chief of the FCC’s Wireless Telecommunications Bureau. “We found that there is a reasonable path forward for use of the 5030-5091 MHz band by drones. It is less clear at this time whether the proposed use of the 960-1164 MHz band is feasible. In both cases, there is more work to do, but this is a critical juncture as we seek to ensure that spectrum is available to meet the needs of these increasingly important devices.”

BloostonLaw Contacts: John Prendergast and Cary Mitchell.


FCC Announces Transfer of White Space Database to Red Technologies

On August 26, the FCC issued a Public Notice announcing that RED Technologies (RED) is now the white space database administrator for the database previously administered by Nominet UK (Nominet). According to the Public Notice, this change was precipitated by a transfer of ownership and control of the white space database from Nominet to RED and will not affect the way existing or future white space equipment connects to the white space database. In addition, there will be no change to the public’s interaction with the database for querying the database or registering protected entity locations.

Nominet filed a proposal with the FCC to administer a white space database in November for 2017. After seeking comment on Nominet’s proposal, the FCC issued an order designating Nominet as a white space database administrator, subject to certain conditions. In June of 2020, representatives from Nominet and RED informed the FCC of their plans to transfer ownership and control of Nominet’s white space database. The FCC’s rules allow an administrator to transfer its database, along with the IP addresses and URLs used to access the database and a list of registered fixed white space devices, to another designated entity at the end of its term, and to charge a reasonable price for such conveyance.

The FCC found that RED has substantial experience operating spectrum access systems, including Licensed Shared Access systems in major European markets, and indicated its confidence that RED will fulfill the conditions previously agreed to by Nominet and successfully administer a television white space database going forward.


SEPTEMBER 30: FCC FORM 396-C, MVPD EEO PROGRAM REPORTING FORM. Each year on September 30, multi-channel video program distributors (“MVPDs”) must file with the FCC an FCC Form 396-C, Multi- Channel Video Programming Distributor EEO Program Annual Report, for employment units with six or more full-time employees. Users must access the FCC’s electronic filing system via the Internet in order to submit the form; it will not be accepted if filed on paper unless accompanied by an appropriate request for waiver of the electronic filing requirement. Certain MVPDs also will be required to complete portions of the Supplemental Investigation Sheet (“SIS”) located at the end of the Form. These MVPDs are specifically identified in a Public Notice each year by the FCC.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

OCTOBER 15: 911 RELIABILITY CERTIFICATION. Covered 911 Service Providers, which are defined as entities that “[p]rovide[] 911, E911, or NG911 capabilities such as call routing, automatic location information (ALI), automatic number identification (ANI), or the functional equivalent of those capabilities, directly to a public safety answering point (PSAP), statewide default answering point, or appropriate local emergency authority,” or that “[o]perate[] one or more central offices that directly serve a PSAP,” are required certify that they have taken reasonable measures to provide reliable 911 service with respect to three substantive requirements: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring by October 15. Certifications must be made through the FCC’s portal.

BloostonLaw Contacts: Mary Sisak and Sal Taillefer.

NOVEMBER 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 and John Prendergast.

Calendar At-a-Glance

Sep. 2 – Comments are due on NCTA Pole Attachment Petition for Declaratory Ruling.
Sep. 5 – Reply comments are due on 70/80/90 GHz Band NPRM.
Sep. 8 – Comments are due on Broadband Mapping Third FNPRM.
Sep. 14 – Reply comments are due on Second Supply Chain FNPRM.
Sep. 17 – Reply comments are due on Broadband Mapping Third FNPRM.
Sep. 17 – Reply comments are due on NCTA Pole Attachment Petition for Declaratory Ruling.
Sep. 29 – Reply comments on Fourth Robocall NPRM are due.
Sep. 30 – FCC Form 396-C (MVPD EEO Program Annual Report).

Oct. 15 – 911 Reliability Certification.

Nov. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Nov. 30 –Lifeline Income Documentation, De-Enrollment/Reverification Requirement waivers expire.

  BloostonLaw Private Users Update Vol. 20, No. 8 August 2020  

FCC Denies Waiver to Grandfather 3650-3700 MHz License

Lake Country Internet (LCI) filed requests for waiver of Rule Section 90.1338 in order to request grandfathered status for its 3650-3700 MHz Service license and a waiver of Rule Section 90.1307(b), in order to permit renewal of that license for an additional term beyond its March 23, 2021 license expiration date. In requesting these waivers, LCI asserted that it is a high-speed broadband Internet service provider serving Mecklenburg County, Virginia which provides both fixed and satellite wireless service to over 1,500 customers along the largest lake in Virginia. For many of its customers, LCI claims that it is the only Internet service provider available.

Against this background, in 2015, the FCC adopted new rules concerning the commercial use of this 150 MHz block of spectrum in the 3550-3700 MHz band (3.5 GHz band), which enabled dynamic spectrum sharing through a three-tiered framework to coordinate shared use of the band among incumbents, Priority Access Licenses (PAL) and General Authorized Access (GAA) users. In the 3650-3700 MHz band, the FCC determined that only GAA users would be permitted to operate, while Grandfathered Wireless Broadband Licensees would be permitted to remain in the band through the transition period. Under the Rules, in order to have qualified as a Grandfathered Wireless Broadband Licensee, LCI would have had to have registered its stations on or before April 17, 2015, and registered stations must have been “constructed, in service, and fully compliant with the rules in Part 90, subpart Z as of April 17, 2016.” In this regard, the transition period for grandfathered 3650-3700 MHz band licenses will end between October 17, 2020 and January 8, 2023 – depending upon the underlying grant and license expiration date for each individual license. Generally, this will be the license expiration date for the license. And, for those licenses which were issued or renewed after January 8, 2013, the term will end on October 17, 2020.

LCI’s license was issued on March 23, 2011 and expires on March 23, 2021. However, LCI did not register its stations prior to the April 17, 2015 deadline. As a result, even though it held its license prior to January 8, 2013, its failure to register sites prior to April 17, 2015 means that LCI’s operations are not grandfathered in the 3650-3700 MHz band. In justifying its waivers for grandfathered status and license renewal, LCI claims that use of its 3650-3700 MHz license is essential to the provision of fixed wireless service to its customers and that without those facilities its customers would not have access to a fixed wireless provider. In denying the waiver request, the FCC noted that LCI had the opportunity to apply for grandfathered status five years ago and had not explained how a grant of its late-filed request for grandfathered status would be consistent with the FCC’s rules for the Citizens Band Radio Service (CBRS) – which is to ensure the smooth transition from the old Part 90 rules that governed the 3650-3700 MHz Service to the new Part 96 CBRS rules. In denying the waiver request, the FCC concluded that a grant would not be in the public interest since it would undermine the FCC’s ability to facilitate a smooth and timely transition as well as impede investment in the CBRS.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Grants Extension of Time for Incumbent Earth Stations to Make Lump Sum Reimbursement Election – New Deadline is September 14, 2020

The FCC has granted the Society of Broadcast Engineer’s (SBE’s) petition for an extension of time for incumbent earth station operators to elect the lump sum reimbursement described in the Final Cost Catalog Public Notice, which originally established an August 31, 2020 deadline – consistent with Rule Section 27.1419.

In making its request, SBE argued that, to determine whether to elect to take lump sum payment in lieu of reimbursement for actual relocation costs, an incumbent earth station operator would need to gather an extensive amount of information about its operations, perform complex analyses, and secure internal corporate approvals. Further, SBE stated that the Final Cost Catalog Public Notice provided “an inadequate amount of time for broadcast engineers and broadcasters, and other C-band Earth station operators who are entitled to reimbursement for costs incurred in the repack to make the necessary determinations, evaluate their options, and to complete the election process.” In addition to those concerns, SBE explained that an extension would be necessary in light of challenges to gathering information posed by the COVID-19 pandemic emergency. According to SBE, an extension will not adversely affect the transition process or the upcoming auction.

The FCC concluded that SBE demonstrated good cause and that an extension to September 14, 2020 would not have an adverse impact on the schedule for the C-Band Auction (Auction 107), which is scheduled to begin on December 8, 2020. In this regard, Auction 107 will not involve the C-Band in Alaska or Hawaii.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Upholds $25K Fine Against Mobile Relay Associates for Failure to Monitor

The FCC has denied, on procedural grounds, the Petition for Reconsideration filed by Mobile Relay Associates in connection with a $25,000 fine for failing to monitor prior to transmitting on shared channels and causing harmful interference to co-channel licensees. This is because Mobile Relay raised issues that had either been previously litigated or raised new issues for the first time without explanation as to why those arguments had not been previously asserted.

Part 90 of the FCC’s Rules, which govern licensing and operations in the Private Land Mobile Services generally require licensees to limit their transmissions to the minimum practicable transmission time and monitor the transmitting frequency to detect other communications in progress. Licensees also are required to cooperate in using shared frequencies to reduce interference and resolve instances of interferences by mutually satisfactory arrangements.

Mobile Relay is the licensee of multiple private land mobile radio stations in the Los Angeles area, including station WPPF234, Malibu, California (Station). The FCC’s rules required Mobile Relay to operate the Station as a trunked Industrial/Business Pool station on two frequencies (151.7825 MHz and 152.2825 MHz) that were shared with other co-channel licensees. In March 2013, the FCC issued a Notice of Violation following its investigation of interference complaints against the Station. This notice listed several rule violations, including Mobile Relay’s failure to: (1) restrict the Station’s transmissions to the minimum practical transmission time, (2) monitor the transmitting frequencies of other licensees, or (3) take any other reasonable precautions to avoid causing harmful interference. Further investigation in June 2015 revealed that Mobile Relay’s operations were causing harmful interference to Eden, one of the earlier complainants. Notably, the FCC determined that Mobile Relay’s 95% occupancy rate effectively prevented Eden Memorial Part (a co-channel licensee) from using frequency 152.2925 MHz, the frequency it shares with Mobile Relay. As a result, the FCC issued a Notice of Apparent Liability for Forfeiture proposing a $25,000 fine after finding that Mobile Relay apparently willfully and repeatedly violated sections 90.187(b) and 90.403(e) of the Commission’s rules because Mobile Relay use of the frequencies for nearly 95% of the time was essentially continuous operation of its Station on the shared frequencies without the required monitoring to avoid causing harmful interference to communications that were already in progress or to other co-channel systems. In assessing the statutory factors to be considered in determining this proposed forfeiture amount, the FCC rejected Mobile Relay’s claims in response to the Notice of Violation that it was not operating continuously, but merely engaged in “heavy usage” of the shared frequencies. The FCC also determined that Mobile Relay’s mitigation efforts after receiving the Notice of Violation, including reducing the Station’s power and adding Level 2 monitoring, were insufficient to avoid causing harmful interference. The FCC concluded that Mobile Relay’s ongoing pattern of violations after being put on notice were sufficiently egregious and prolonged to warrant a significant monetary forfeiture – which was upheld in the Forfeiture Order that is the subject of Mobile Relay’s petition.

This case demonstrates that the FCC takes shared use of its private land mobile frequencies seriously. Unless a licensee has an exclusive use frequency (which is the exception rather than the rule), it is critically important that licensed operations be designed to monitor the frequency in order to make sure that the channel is clear prior to transmitting. Additionally, licensees are required to use the minimum amount of time necessary to transmit radio traffic so that other co-channel licensees will have access to the channel. This case demonstrates that a 95% usage rate is not appropriate since it will serve to virtually lock up the channel. Finally, licensees are required to cooperate with each other in order to resolve interference issues. Forcing the FCC to come in and referee a dispute will only make matters worse for the parties (to include the imposition of substantial fines) – especially if the FCC is able to determine that a particular party is at fault.

BloostonLaw Contacts: John Prendergast and Richard Rubino

911 Reliability Certification System Available; Filings Due October 15

On July 30, the FCC issued a Public Notice announcing that its 911 Reliability Certification System is now open for filing annual reliability certifications, which are not due until October 15, 2020. The Commission’s online portal can be found at The Commission’s rules require Covered 911 Service Providers, which are defined as entities that “[p]rovide[] 911, E911, or NG911 capabilities such as call routing, automatic location information (ALI), automatic number identification (ANI), or the functional equivalent of those capabilities, directly to a public safety answering point (PSAP), statewide default answering point, or appropriate local emergency authority,” or that “[o]perate[] one or more central offices that directly serve a PSAP,” are required certify that they have taken reasonable measures to provide reliable 911 service with respect to three substantive requirements: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring.

BloostonLaw Contacts: Mary Sisak and Sal Taillefer

FCC Announces New Speed Test App

On August 3, the FCC issued a Press Release announcing that it has released an updated version of its FCC Speed Test app, in order to provide consumers with tools to evaluate how well their mobile broadband connections are performing. Like its predecessor, the updated app allows users to test their cellular and Wi-Fi network performance for download and upload speed, latency, jitter, and packet loss.

While the app reportedly collects no personal or uniquely identifiable information, it does collect the speed test data, and the raw data sets are available for public download on the FCC’s webpage. Now included is the latest data for mobile measurements conducted by the FCC Speed Test App through the second quarter of 2020. The latest data set can be found here: broadband-america/measuring-broadband-america-mobile-data.

BloostonLaw Contacts: John Prendergast and Richard Rubino

FCC Adopts Declaratory Ruling to Clarify Pole Attachment Rules

On July 29, the FCC adopted a Declaratory Ruling to address a Petition for Declaratory Ruling filed by CTIA in September of 2019, concerning pole attachment rules. Specifically, the FCC clarified that: (1) the imposition of a “blanket ban” by a utility on attachments to any portion of a utility pole is inconsistent with the federal requirement that a “denial of access . . . be specific” to a particular request; and (2) while utilities and attachers have the flexibility to negotiate terms in their pole attachment agreements that differ from the requirements in the Commission’s rules, a utility cannot use its significant negotiating leverage to require an attacher to give up rights to which the attacher is entitled under the rules without the attacher obtaining a corresponding benefit. The Declaratory Ruling deviates substantially from the relief CTIA initially sought in its petition. There, CTIA asked the FCC to clarify its rules by: (1) declaring that the term “pole” includes light poles and that utilities must afford nondiscriminatory access to light poles at rates, terms, and conditions; (2) affirming that utilities may not impose blanket prohibitions on access to any portions of their poles; and (3) declaring that utilities cannot ask providers to accept terms and conditions that are inconsistent with the Commission’s rules.

As a threshold matter, the FCC declined to address CTIA’s request concerning light poles. As a result, that issue remains pending. Presumably, further FCC action is forthcoming.

Regarding CTIA’s request for clarification on blanket prohibitions, the FCC found that despite its statement in 2011 that “[b]lanket prohibitions are not permitted under the Commission’s [pole attachment] rules,” the record nevertheless showed that many pole owners were continuing to deny access summarily to all or part of poles, without giving reasons for denying access that are specific to the pole or attachment. Therefore, the FCC clarified that such blanket prohibitions are themselves prohibited.

The FCC did not, however, completely agree with CTIA’s request concerning deviations from the Commission’s rules. While CTIA sought clarification that any deviation from the rules was not permitted, the FCC found only that attachers are entitled to a corresponding benefit if the parties agree to such deviation. According to the FCC, it has made (and continues to support) “several statements aimed at preserving the ability of utilities and attachers to reach mutually-bargained-for solutions (which may differ from the pole attachment rules) in negotiating their pole attachment agreements.”

BloostonLaw Contact: Gerry Duffy

Law Offices Of
Blooston, Mordkofsky, Dickens,
Duffy & Prendergast, LLP

2120 L St. NW, Suite 300
Washington, D.C. 20037
(202) 659-0830
(202) 828-5568 (fax)


Harold Mordkofsky, 202-828-5520,
Benjamin H. Dickens, Jr., 202-828-5510,
Gerard J. Duffy, 202-828-5528,
John A. Prendergast, 202-828-5540,
Richard D. Rubino, 202-828-5519,
Mary J. Sisak, 202-828-5554,
D. Cary Mitchell, 202-828-5538,
Salvatore Taillefer, Jr., 202-828-5562,

This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm.

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“Hasta la Raíz”

Song Across Latin America • International Committee of the Red Cross • Playing For Change

We are proud to share our new video of the song “Hasta la Raíz,” by Natalia Lafourcade and Leonel García, and recorded during pandemic times to send a message to the relatives of missing people in Latin America: You are not alone in the search of your loved ones. This is a joint project by the International Committee of the Red Cross (ICRC) and Playing For Change in honor of the International Day of the Disappeared. This video features nine Latin American countries and more than 15 musicians including singers such as Leon Gieco (Argentina) and Susana Baca (Peru). Also included are a group of extraordinary musicians who play several Latin American instruments: the accordion king from Colombia, Garifuna drums from Honduras, cavaquinhos from Brazil, guitars from El Salvador, cajon from Peru, and the Guatemalan National Symphony Orchestra.

In Latin America, each day dozens of people disappear for diverse causes related to armed conflicts, violence, migration, natural disasters, among others. Some of their families have had no news of their missing loved ones for more than 20 years. Together, and through music, we would like to express our solidarity to those who are facing the profound and universal feeling of losing a loved one. The families of missing people will not stop searching, despite pandemics or other adversities, nor will we stop helping them.

We would like to thank León Gieco, Susana Baca, Silvana Estrada, Nanan, MishCatt, Daniel Rucks, Mateo Sorto, Gerardo Carrillo, Chico Botosso, Franco Carzedda, José Agote and Adrián Buono (Los Pinguos), Twanguero, Oscar Huaranga, Jorge Garcia (Tambor Negro), Julián Mojica and the Guatemalan National Symphony Orchestra for their generous contribution to this video. León Gieco participates thanks to the courtesy of Universal Music Argentina, S.A.


Estamos orgullosos de presentar nuestro nuevo Proyecto basado en la canción “Hasta la raíz” de Natalia Lafourcade y Leonel García, y filmado durante estos tiempos de pandemia para decirle a los familiares de los desaparecidos: ¡no están solos en su búsqueda! Se trata de un proyecto conjunto entre el Comité Internacional de la Cruz Roja (CICR) y Playing For Change por el Día Internacional de los Desaparecidos. Fue grabado en nueve países latinoamericanos con la participación de más de 15 músicos incluidos cantantes como León Gieco, Susana Baca, Silvana Estrada, Nana y Michelle González. También contamos con el talento de extraordinarios músicos e instrumentos latinoamericanos: el rey del acordeón de Colombia, tambores garífunas de Honduras, cavaquinhos de Brasil, guitarras de El Salvador, el cajón de Perú, y la participación de la Orquesta Filarmónica de Guatemala.

Cada día decenas de personas desaparecen en América Latina por diversas causas, entre las que se encuentran conflicto armados, violencia, desastres naturales, durante la ruta migratoria, entre otras. Muchas familias esperan noticias de sus seres queridos desde hace más de 20 años. Juntos, y a través de la música, queremos expresar nuestra solidaridad a aquellos que enfrentan el sentimiento profundo y universal de perder a alguien querido. Las familias de los desaparecidos no pararán de buscar, a pesar de pandemias y otras adversidades, ni nosotros de ayudarlos.

Agradecemos la participación generosa de los artistas León Gieco, Susana Baca, Silvana Estrada, Nanan, MishCatt, Daniel Rucks, Mateo Sorto, Gerardo Carrillo, Chico Botosso, Franco Carzedda, José Agote y Adrián Buono (Los Pinguos), Twanguero, Oscar Huaranga, Jorge Garcia (Tambor Negro), Julián Mojica y la Orquesta Nacional Sinfónica de Guatemala. León Gieco participa en este video por cortesía de Universal Music Argentina, S.A.




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