Welcome Back To

The Wireless
Messaging News

This Week's Wireless News Headlines:

• How Slow Will the Broadband Slowdown Be?
• Man who unlocked nearly 2 million AT&T phones gets 12 years in prison
• Business Insider Elon Musk announced that Starlink's satellite-internet service will come out of its beta-testing phase next month
• What is Dolby Atmos? Everything You Need To Know
• Apple Releases Safari Technology Preview 132 With Bug Fixes and Performance Improvements
• Inside Towers
  • Explosive Damages AT&T Tower in Mississippi, Suspect Under Arrest
• BloostonLaw Telecom Update
  • FCC Extends Streamlined Request Rules for Fee Waivers/Reductions/Referrals; Deadline Sept. 24
  • FCC Announces Tentative Agenda for September 30 Open Meeting
  • USDA Seeks Comment on Farm Bill Changes to Expand Rural Broadband Deployment
  • FCC Clarifies Emergency Broadband Benefit Program Eligibility to Include 2021-2022 School Year
  • House Committee Holds Markup on Build Back Better Act
  • Comments on Unmanned Aircraft Systems Use in the 5GHz Band due October 12
  • Broadcaster Biennial Ownership Reports Due December 1, Filing Window Opens October 1
  • Proposed USF Contribution Factor for Q4 is 29.1%
  • Amazon and SpaceX Exchange Venom over Satellite Application
  • Deadlines
  • Calendar At-a-Glance
  • BloostonLaw Contacts
• Technician's Corner
  • Cat 6 vs Cat 7. What is the difference?
• THIS WEEK'S MUSIC VIDEO
  • “Clown”
  • Allie Sherlock cover

NO POLITICS HERE

This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.

A new issue of the Wireless Messaging Newsletter is posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the web. That way it doesn’t fill up your incoming e-mail account.

There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world’s major Paging and Wireless Messaging companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It’s all about staying up-to-date with business trends and technology.

I regularly get readers’ comments, so this newsletter has become a community forum for the Paging, and Wireless Messaging communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it.

I spend the whole week searching the INTERNET for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.

Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.

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There is not a lot of news about Paging these days but when anything significant comes out, you will probably see it here. I also cover text messaging to other devices and various articles about related technology.

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

How Slow Will the Broadband Slowdown Be?

By Mike Farrell
September 16, 2021

Analysts chime in with their takes on post-COVID-19 growth

(Image credit: public domain)

A few days after Comcast chief financial officer Mike Cavanagh’s admission that the No. 1 cable operator’s broadband growth trajectory was “a little bit” light in the latter part of August sent cable stocks into a tailspin, some analysts that cover the sector tried to inject some context into the conversation, with most stressing that investors should remember that while broadband growth is expected to slow, it’s still growing.

Cavanagh, speaking at the virtual BofA Media, Communications & Entertainment conference Tuesday, said that Comcast had seen “a little bit of a slowdown” in broadband growth in late August, which sent the stock down 7.3% to $55.59 for the day. Comcast’s slide affected other cable distribution stocks that day. Charter Communications shares closed at $761.86, down about 4%, or $31.21 each on Sept. 14, while Altice USA shares fell 3% (82 cents) to $26.61 and Cable One dipped 4.1% ($81.84 each) to $1,908.16 per share.

Stocks fared a little better in the next two days. Comcast closed at $57.28 on Sept. 16, gaining back about 3% of its losses, while Charter closed at $765.24, Altice USA at $25.94 and Cable One at $1,963.85 per share.

It didn't help that Cavanagh’s Tuesday comments were a little confusing. He basically said at the conference that if Comcast were to add together its Q2 2021 and Q3 2021 broadband additions, they would be about 10% better than its combined Q2 2019 and Q3 2019 additions. That comes after the company had increased its full year guidance during its Q2 earnings call, saying that it expected broadband additions in the mid-teens percentages in 2021.

Cavanagh added that Comcast still expects full year 2021 broadband additions to be ahead of 2019.

In a research note Sept. 15, Bernstein media analyst Peter Supino estimated that the Sept. 14 stock slide cost Comcast about $20.1 billion in equity value, adding that Q3 broadband performance will likely be about 100,000 subscribers behind analysts’ consensus estimates.

Supino pointed out that 100,000 fewer subscriber additions is just a small fraction of Comcast’s total 31.4 million broadband subscribers.

So analysts, who had anticipated a second quarter growth slowdown that didn't come — Charter Communications also exceeded Q2 expectations and at that time had to redo their estimates — will have to to rethink them again.

Supino wrote that he discussed the market with several of the largest ISPs, adding those conversations had three common threads — broadband churn generally remains low and stable, gross additions are below normal and there is no apparent reason for a material shift in Comcast's share of gross adds; and the pandemic has changed the seasonality characteristics of Q2 and Q3.

“With fewer students in residence at colleges, historical models may overestimate 2Q disconnects and 3Q reconnects,” Supino wrote. “With Comcast's geographic diversity and heavier exposure to college towns, we think college schedules are the bigger change factor. This explanation also aligns with the timing of the deviation from plan.”

Barclays Global Research media analyst Kannan Venkateshwar wrote in a Thursday research note that while COVID helped drive big gains in 2020 as the virus forced most Americans to work and learn from home and as cities and towns are beginning to open back up, the pandemic is making visibility for the sector difficult.

“This volatility and lack of visibility over a relatively short time horizon appears to have been driven by a change in connect behavior due to Covid, with weaker back to school connect trends and less seasonal disconnect/connect 2Q/3Q activity,” Venkateshwar wrote. “However, there are other factors such as non-pay disconnect trends which have still not normalized, and with the lapsing of stepped-up unemployment benefits, disconnect moratoriums, and eviction moratoriums, there could be additional factors to consider in Q4.”

Venkateshwar estimated that Comcast would add about 1.37 million broadband customers in 2021, below the 1.8 million it added in 2020 and slightly ahead of the 1.32 million added in 2019. For Charter, which added 2.1 million broadband customers in 2020, the decline will be a little more dramatic -- Venkateshwar estimates it will add 1.37 million customers in 2021, ahead of the 1.28 million added in 2019. Altice USA is expected to add less broadband customers in 2021 (3,700) than in 2019 (7,200). The company added about 134,000 broadband customers in 2020.

The Barclays analyst also expects the downward growth trajectory to continue in 2022. He estimated that Comcast would add 1.1 million broadband customers in 2022 and Charter should add 1.2 million. Altice USA is expected to do a little better in 2022 with 6,500 broadband additions, but they will still be below 2019 adds of 7,200.

Mike Farrell is senior content producer, finance for Multichannel News/B+C, covering finance, operations and M&A at cable operators and networks across the industry. He joined Multichannel News in September 1998 and has written about major deals and top players in the business ever since. He also writes the On The Money blog, offering deeper dives into a wide variety of topics including, retransmission consent, regional sports networks,and streaming video. In 2015 he won the Jesse H. Neal Award for Best Profile, an in-depth look at the Syfy Network’s Sharknado franchise and its impact on the industry.

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.

Man who unlocked nearly 2 million AT&T phones gets 12 years in prison

The DOJ says the seven-year scheme cost AT&T almost $200 million

By Kim Lyons@SocialKimLy Sep 17, 2021, 11:58am EDT

Man who pleaded guilty in a phone-unlocking case sentenced to prison Illustration by Alex Castro / The Verge

A man who the Department of Justice says unlocked AT&T customers’ phones for a fee was sentenced to 12 years in prison, in what the judge called “a terrible cybercrime over an extended period,” which allegedly continued even after authorities were on to the scheme.

According to a news release from the DOJ, in 2012, Muhammad Fahd, a citizen of Pakistan and Grenada, contacted an AT&T employee via Facebook and offered the employee “significant sums of money” to help him secretly unlock AT&T phones, freeing the customers from any installment agreement payments and from AT&T’s service.

Fahd used the alias Frank Zhang, according to the DOJ, and persuaded the AT&T employee to recruit other employees at its call center in Bothell, Washington, to help with the elaborate scheme. Fahd instructed the AT&T employees to set up fake businesses and phony bank accounts to receive payments, and to create fictitious invoices for deposits into the fake accounts to create the appearance that money exchanged as part of the scheme was payment for legitimate services.

In 2013, however, AT&T put into place a new unlocking system which made it harder for Fahd’s crew to unlock phones’ unique IMEI numbers, so according to the DOJ he hired a developer to design malware that could be installed on AT&T’s computer system. This allegedly allowed him to unlock more phones, and do so more efficiently. The AT&T employees working with Fahd helped him access information about its systems and other employees’ credentials, allowing his developer to tailor the malware more precisely, the DOJ said.

A forensic analysis by AT&T showed Fahd and his helpers fraudulently unlocked more than 1.9 million phones, costing the company more than $200 million. Fahd was arrested in Hong Kong in 2018 and extradited to the US in 2019. He pleaded guilty in September 2020 to conspiracy to commit wire fraud.

It’s not clear from the DOJ release whether anyone besides AT&T was harmed as a result of the scheme; there’s no mention of customers’ phones being otherwise compromised or any personal data being accessed. We’ve reached out to the DOJ to clarify whether any AT&T customers were affected.

The Verge

Paging Transmitters 150/900 MHz

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

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

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

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

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

The Wireless Messaging News
Board of Advisors

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

Can You Help The Newsletter?

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

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

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

Business Insider Elon Musk announced that Starlink's satellite-internet service will come out of its beta-testing phase next month

Grace Kay Fri, September 17, 2021, 9:29 AM

Pascal Le Segretain/Getty; Samantha Lee/Insider

• Elon Musk said on Twitter that Starlink will enter its next phase in October.
• The SpaceX CEO had initially planned to bring the Internet service out of beta by the end of the summer.
• The first Starlink satellite was launched in 2019, but the service has since gathered over 90,000 users.

SpaceX CEO Elon Musk announced on Friday that Starlink will come out of beta-testing mode in October, a key step toward a wider launch.

Earlier this year, Musk said SpaceX hoped to bring Starlink out of beta by the end of the summer. The CEO said Starlink users were seeing improvements in the service's Internet speeds and the company hoped to have the Internet service "full mobile" by the end of summer, meaning customers would be able to use it in moving vehicles or between different addresses.

Will users always be locked into one location or in the future if a user has the standard Dishy McFlatface (not a new portable one), could you say put it on an RV or tiny home? Or maybe take one you have in Iowa and put it in a studio in Texas?

Yeah, should be fully mobile later this year, so you can move it anywhere or use it on an RV or truck in motion. We need a few more satellite launches to achieve compete coverage & some key software upgrades.

Insider's Kate Duffy reported earlier this year that Starlink users were seeing even faster Internet speeds than SpaceX had advertised, hitting speeds of 175 Mbps.

To date, SpaceX has launched over 1,700 Starlink satellites into orbit, according to the company's fillings with the Federal Communications Commission. Though, Musk has said he eventually wants to send up to 42,000 satellites into space, completely enveloping the Earth. Insider's Morgan McFall-Johnsen has reported that scientists worry Musk's satellites could create issues with space-junk and make astronomy on Earth near "impossible."

Interest in Starlink appears to have been picking up steam recently. In February, Musk said SpaceX had over 10,000 Starlink subscribers. In August, CNBC reported that Starlink had added over 80,000 more users to its $99 per month service.

Yahoo! News

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
Website: www.EasySolutions4You.com
E-mail: vaughan@easysolutions4you.com

GLENAYRE INFRASTRUCTURE

Service Contracts

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.

Additional/Optional Features

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

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

Paging Data Receiver PDR-4

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

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

• Option—decode capcode list or all messages.
• Large capcode capacity.
• Serial, USB and Ethernet output.
• POCSAG or FLEX page decoding, special SA protocols.
• Receivers for paging bands in VHF, UHF, 900 MHz.
• Message activated Alarm Output.
• 8 programmable relay outputs.
• Send notifications of a system problem.

• Synthesized Receiver Tuning.
• Selectivity better than 60 dB.
• Frequencies 148-174, 450-470, 929-932 MHz.
• Image Rejection better than 55 dB.
• Spurious Rejection better than 55 dB.
• Channel Spacing 12.5 or 25 kHz.
• Power 5VDC.
• Receiving Sensitivity 5µV at 1200 bps.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Telephone: 631-786-9359
www.wirelessplanners.com
wirelessplannerron@gmail.com

What is Dolby Atmos? Everything You Need To Know

You see the Dolby Atmos logo everywhere now. It's at the theater, on TVs, inside headphones ... even Apple is getting into Dolby Atmos. But what is Dolby Atmos, how does it work, and how do you get it? In this video, we explain Dolby Atmos, top to bottom, so you can fully understand the latest and greatest in surround sound and 3D audio.

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

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

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

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

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

Remote AB Switches

ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands.

ABX-1

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

ABX-3

Common Features:

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

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

Thursday September 16, 2021 2:24 pm PDT by Juli Clover

Apple today released a new update for Safari Technology Preview, the experimental browser Apple first introduced in March 2016. Apple designed the ‌Safari Technology Preview‌ to test features that may be introduced into future release versions of Safari

‌Safari Technology Preview‌ release 132 includes bug fixes and performance improvements for Web Inspector, CSS, JavaScript, Web API, WebRTC, Rendering, Media, and Web Extensions. Apple says that Tab Groups do not sync in this release.

The current ‌Safari Technology Preview‌ release is built on the new Safari 15 update included in macOS Monterey, and as such, it includes several Safari 15 features. There's a new streamlined tab bar with support for Tab Groups to organize tabs, along with improved support for Safari Web Extensions.

Live Text allows users to select and interact with text in images on the web, but the ‌macOS Monterey‌ beta and an M1 Mac is required. There's also Quick Notes support for adding links and Safari highlights to remember important information and ideas.

Other updates include WebGL 2 and new HTML, CSS, and JavaScript features.

The new ‌Safari Technology Preview‌ update is available for both macOS Big Sur and ‌macOS Monterey‌, the newest version of the Mac operating system that's set to release this fall.

The ‌Safari Technology Preview‌ update is available through the Software Update mechanism in System Preferences to anyone who has downloaded the browser. Full release notes for the update are available on the Safari Technology Preview website.

Apple's aim with ‌Safari Technology Preview‌ is to gather feedback from developers and users on its browser development process. ‌Safari Technology Preview‌ can run side-by-side with the existing Safari browser and while designed for developers, it does not require a developer account to download.

Mac Rumors

Explosive Damages AT&T Tower in Mississippi, Suspect Under Arrest

An AT&T tower in Mt. Olive, MS was damaged by an explosive device planted at the site, according to authorities. A Mississippi man, Victor Schexnayder, 48, of Prentiss, was arrested in connection with the incident by Jefferson Davis County deputies, according to MagnoliaStateLive. The amount of damage was not disclosed.

The device was detonated last Wednesday, causing a power outage at the site on Clem Road. According to authorities, Schexnayder had recently left the carrier as an employee.

“At this point, we do not suspect this is related in any way to an act of terrorism,” Alcohol, Tobacco and Firearms (ATF) South Mississippi Resident Agent in Charge Jason Denham told MagnoliaStateLive. Denham said Schexnayder was charged with felony malicious mischief and booked into the Jefferson Davis County Jail. The ATF, the Mississippi Bureau of Investigation and the Jefferson Davis County Sheriff’s Department are pursuing federal prosecution for the alleged crime.

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.

FCC Extends Streamlined Request Rules for Fee Waivers/Reductions/Referrals; Deadline Sept. 24

On September 10, the FCC issued a Public Notice announcing that, due to the ongoing economic effects of the pandemic, the FCC has extended to FY 2021 the temporary COVID-19 relief measures it adopted for FY 2020 regulatory fees. This entails streamlining and easing its processes for requesting and obtaining waiver, deferral and installment payment relief for FY 2021 regulatory fees, as it did for FY 2020 regulatory fees. Fee relief may be granted, but only to those regulatees “unambiguously articulating ‘extraordinary circumstances’ outweighing the public interest in recouping the cost of the Commissions regulatory services.”

Importantly, requests for waivers or reductions, or requests for installment plans, of FY 2021 regulatory fees must be filed by September 24. Carriers seeking assistance with such filings may contact the firm for more information.

BloostonLaw Contacts: Ben Dickens, John Prendergast, and Richard Rubino.

Headlines

FCC Announces Tentative Agenda for September 30 Open Meeting

On September 9, the FCC issued a Press Release announcing that the items below are tentatively on the agenda for the September Open Commission Meeting scheduled for Thursday, September 30:

• Promoting More Resilient Networks: a Notice of Proposed Rulemaking to examine the Wireless Network Resiliency Cooperative Framework, the FCC’s network outage reporting rules, and strategies to address the effect of power outages on communications networks. (PS Docket Nos. 21-346, 15-80; ET Docket No. 04-35)
• Reassessing 4.9 GHz Band for Public Safety: an Order on Reconsideration that would vacate the 2020 Sixth Report and Order, which adopted a state-by-state leasing framework for the 4.9 GHz (4940-4900 MHz) band. The FCC also will consider an Eighth Further Notice of Proposed Rulemaking that would seek comment on a nationwide framework for the 4.9 GHz band, ways to foster greater public safety use, and ways to facilitate compatible non-public safety access to the band. (WP Docket No. 07-100)
• Authorizing 6 GHz Band Automated Frequency Coordination Systems: a Public Notice beginning the process for authorizing Automated Frequency Coordination Systems to govern the operation of standard-power devices in the 6 GHz band (5.925-7.125 GHz). (ET Docket No. 21-352)
• Spectrum Requirements for the Internet of Things: a Notice of Inquiry seeking comment on current and future spectrum needs to enable better connectivity relating to the Internet of Things (IoT). (ET Docket No. 21-353)
• Shielding 911 Call Centers from Robocalls: a Further Notice of Proposed Rulemaking to update the FCC's rules regarding the implementation of the Public Safety Answering Point (PSAP) Do-Not-Call registry in order to protect PSAPs from unwanted robocalls. (CG Docket No. 12-129; PS Docket No. 21-343)
• Stopping Illegal Robocalls From Entering American Phone Networks: a Further Notice of Proposed Rulemaking that proposes to impose obligations on gateway providers to help stop illegal robocalls originating abroad from reaching U.S. consumers and businesses. (CG Docket No. 17-59; WC Docket No. 17-97)
• Supporting Broadband for Tribal Libraries Through E-Rate: a Notice of Proposed Rulemaking that proposes to update sections 54.500 and 54.501(b)(1) of the FCC’s rules to amend the definition of library and to clarify Tribal libraries are eligible for support through the E-Rate Program. (CC Docket No. 02-6)
• Strengthening Security Review of Companies with Foreign Ownership: a Second Report and Order that would adopt Standard Questions — a baseline set of national security and law enforcement questions – that certain applicants with reportable foreign ownership must provide to the Executive Branch prior to or at the same time they file their applications with the FCC, thus expediting the Executive Branch’s review for national security and law enforcement concerns. (IB Docket No. 16-155)

Each summary above contains a link to the draft text of each item expected to be considered at this Open Meeting. However, it is possible that changes will be made before the Meeting. One-page cover sheets prepared by the FCC are included in the public drafts to help provide an additional summary.

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

USDA Seeks Comment on Farm Bill Changes to Expand Rural Broadband Deployment

On September 10, the U.S. Department of Agriculture (USDA) Deputy Under Secretary for Rural Development Justin Maxson announced that USDA is seeking public comment on a direct final rule to help expand access to capital to deploy broadband infrastructure in rural areas. The changes apply to USDA’s Telecommunications Infrastructure Loans and Loan Guarantees program and are in accordance with the provisions of the Agriculture Improvement Act of 2018 (the Farm Bill). Comments are due by November 9.

Specifically, USDA will make several improvements to streamline the application process. The department is seeking comments on the following reforms that will enable USDA to:

• Issue a notice to applicants who may be eligible to receive grant assistance through the Farm Bill Broadband Program
• Remove the requirement for applicants to provide a Certificate of Convenience and Necessity, which grants a company the authority to operate a public service.
• Expand refinancing limits to 100 percent for Rural Utilities Service (RUS) loans and expand limits to 50 percent for non-RUS loans. Refinancing limits will be published in funding opportunity announcements and will be based on funding amounts that are authorized in a given fiscal year.
• Add public notice filing and response requirements. This change will enable service providers to respond to pending applications that propose to provide broadband service outside of their territory. • Add reporting requirements to ensure similar data is reported and collected across multiple USDA broadband programs.
• Set standards to ensure that programs are able to meet funding deadlines while maintaining the integrity of the environmental review process.
• Define “Retail Broadband Service.”

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

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

FCC Clarifies Emergency Broadband Benefit Program Eligibility to Include 2021-2022 School Year

On September 8, the FCC issued a Public Notice announcing that it will expand the school years that will be acceptable for eligibility determination purposes for the Emergency Broadband Benefit Program (EBB Program). As a result of this change, households that can demonstrate participation in the free and reduced price school lunch program or school breakfast program for the 2021-2022 school year will now be eligible for the benefit.

As we reported in a previous edition of the BloostonLaw Telecom Update, the legislation authorizing the EBB provides that households with members who are approved to participate in the free and reduced price school lunch program or school breakfast program are eligible for the EBB Program, and the FCC’s rules adopted this eligibility criteria. In the EBB Program Order, the FCC clarified that, in addition to households that apply for and are approved to receive benefits under the free and reduced price school lunch program or school breakfast program, households with students that are enrolled in schools that participate in the USDA Community Eligibility Provision will also be eligible for the EBB Program under the school lunch program or school breakfast program eligibility criteria. However, based on the EBB Program Order, the EBB Program application and other EBB program guidance specifically identify the 2019-2020 and 2020-2021 school years as eligible school years for purposes of qualifying for the EBB Program, but do not discuss any subsequent school years.

Accordingly, the instant Public Notice clarifies that households are eligible for the EBB Program if they have “applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 in the 2021-2022 school year.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Law and Regulation

House Committee Holds Markup on Build Back Better Act

On September 13, the Energy and Commerce Committee, led by Chairman Frank Pallone, Jr. (D-NJ), held a full Committee markup on legislative recommendations for its budget reconciliation instructions, which were passed last month by the House and Senate.

According to a fact sheet on key provisions in the Committee Prints of the Build Back Better Act, the following items relate to broadband and telecommunications:

• Next Generation 9-1-1: The Build Back Better Act provides $10 billion in grants for the implementation of Next Generation 9-1-1 services to make 9-1-1 service more accessible, effective, and resilient. This service would protect first responders and save lives by allowing callers to send text messages, images, or videos to 9-1-1 to help responders better assess the nature of an emergency and reach people in need.
• Emergency Connectivity Fund: The Build Back Better Act continues President Biden’s and Congressional Democrats’ efforts to bridge the homework gap by providing an additional $4 billion to the Emergency Connectivity Fund to ensure students, school staff, and library patrons have Internet connectivity and devices at locations other than a school or library.
• Wireless Innovation: The Build Back Better Act helps foster innovation by setting aside 200 MHz of our nation’s airwaves for auction—raising revenues for the Treasury—while also allowing for permissionless, opportunistic, or licensed by rule uses of spectrum to help Americans invent the next big breakthrough in wireless technology.
• Consumer Privacy and Data Protection: The Build Back Better Act protects consumers and businesses by providing the Federal Trade Commission with $1 billion to create and operate a new bureau, including by hiring technologists and other experts, dedicated to stopping unfair and deceptive acts and practices related to privacy violations, data security incidents, identity theft, and other data abuses.
• Manufacturing Supply Chains: The Build Back Better Act provides the Department of Commerce $10 billion to monitor and identify critical manufacturing supply chain vulnerabilities that imperil our national security and economic vitality and support domestic companies and other domestic entities in closing those vulnerabilities.

BloostonLaw Contacts: Ben Dickens, John Prendergast, and Sal Taillefer.

Comments on Unmanned Aircraft Systems Use in the 5GHz Band due October 12

On September 10, the FCC published in the Federal Register its Public Notice seeking to refresh the record on a petition filed by the Aerospace Industries Association (AIA) on February 8, 2018 to address the growing need for access to licensed spectrum for Unmanned aircraft systems (UAS) operators. Comments are due October 12, and reply comments are due October 25.

As we reported in a previous edition of the BloostonLaw Telecom Update, the AIA proposed that individual UAS operators, e.g., pilots-in-command (PICs), that meet certain qualifications or organizations that employ such operators be able to obtain a non-exclusive, nationwide FCC spectrum license that would authorize operators to use the band subject to a dynamic frequency assignment process. Under this proposed process, licensees could, upon request to a frequency coordinator, obtain operational access to a subset of frequencies in the band for a limited geographic area and duration tailored to a specific flight. AIA further proposed that operators be subject to flexible technical rules, but recommended in a supplement that operators of CNPC links in the 5030-5091 MHz band be required to follow the “relevant Federal Aviation Regulations []as prescribed by the Federal Aviation Administration []for their particular types of operations.” AIA also recommended that the FCC prohibit any use of the 5030-5091 MHz band by UAS for “payload communications or other non-safety or non-route services.”

The FCC seeks updated and additional comment on all aspects of the AIA proposal as a licensing approach for UAS operations in the 5030-5091 MHz band. The FCC also invites comment on hybrid approaches to licensing the band. For example, the FCC seeks comment on whether to partition the band into two segments, one which adopts an approach like the AIA proposal, the other which issues exclusive geographic area licenses for network-based services.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Broadcaster Biennial Ownership Reports Due December 1, Filing Window Opens October 1

On September 10, the FCC issued a Public Notice reminding commercial and noncommercial broadcasters of their upcoming obligation to file 2021 biennial ownership reports on FCC Form 323 or 323-E, respectively. The broadcast ownership report filing window will open on October 1, and all reports must be submitted by December 1.

Pursuant to the FCC’s rules, licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations must file biennial ownership reports with the FCC in odd-numbered years. Information contained in this year’s biennial ownership reports must be current as of October 1, 2021. Reports must provide all information required by, and comply with all requirements set forth in, the current version of the relevant broadcast ownership report form (FCC Form 323 or 323-E).

To assist filers with this biennial obligation, the FCC will host a public information session on October 5 at 2:00 p.m. FCC staff will present an overview of biennial Forms 323 and 323-E and respond to questions raised by online attendees. According to the Public Notice, this session is designed to assist both novice and experienced filers.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Proposed USF Contribution Factor for Q4 is 29.1%

On September 10, the FCC issued a Public Notice announcing the proposed universal service contribution factor for the fourth quarter of 2021 to be 0.291 or 29.1 percent. The FCC calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors’ total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. The Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the fourth quarter of 2021:

($ millions)

To determine the quarterly contribution base, the FCC decreases the fourth quarter 2021 estimate of projected collected interstate and international end-user telecommunications revenues by the projected revenue requirement to account for circularity and decrease the result by one percent to account for uncollectible contributions.

To arrive at the final proposed contribution base, USAC reduces each provider’s contribution obligation by a circularity discount approximating the provider’s contributions in the upcoming quarter.

BloostonLaw Contacts: Sal Taillefer.

Industry

Amazon and SpaceX Exchange Venom over Satellite Application

On September 9, SpaceX filed the latest in a series of heated ex parte filings over two SpaceX satellite space station authorization applications filed in May of 2020. In particular, the applications relate to its next-generation non-geostationary orbit (“NGSO”) satellite system (the “Gen2 System”), and related amendment. “Another week, another objection from Amazon against a competitor, yet still no sign of progress on Amazon’s own long-rumored satellite system. In its latest diatribe, Amazon spends over six of eight pages on matters wholly irrelevant to the current proceeding or even matters currently before the Commission.”

Hostilities began in August of 2021, when Amazon filed an ex parte arguing that the FCC should dismiss the amendment proposed by SpaceX. “The SpaceX Amendment proposes two different configurations for the nearly 30,000 satellites of its Gen2 System, each of which arranges these satellites along very different orbital parameters. SpaceX’s novel approach of applying for two mutually exclusive configurations is at odds with both the Commission’s rules and public policy and we urge the Commission to dismiss this amendment.”

Later that month, SpaceX responded, stating that Amazon is simply attempting to delay a competitor. “In its latest effort, Amazon is attempting to prevent the Commission from even releasing for public comment an amendment to SpaceX’s application for its next-generation system, alleging that SpaceX has provided more information than necessary in its application.” According to SpaceX, in its recent amendment, SpaceX provided complete information for a proposed orbital configuration for its constellation, as well as a mutually exclusive alternative.

On September 8, Amazon fired back: “Whether it is launching satellites with unlicensed antennas, launching rockets without approval, building an unapproved launch tower, or re-opening a factory in violation of a shelter-in-place order, the conduct of SpaceX and other Musk-led companies makes their view plain: rules are for other people, and those who insist upon or even simply request compliance are deserving of derision and ad hominem attacks.” The letter contains a litany of accused offenses by SpaceX, which Amazon contends demonstrate “SpaceX simply refuses to recognize that the rules that apply to others apply to it as well.” “If the FCC regulated hypocrisy, SpaceX would be keeping the Commission very busy.”

Deadlines

SEPTEMBER 15: FCC FORM 477, LOCAL COMPETITION AND BROADBAND REPORTING FORM. This deadline was extended from September 1 due to Hurricane Ida. Carriers affected by Hurricane Ida. Filers in Louisiana and Mississippi designated as eligible for Individual or Public Assistance for the purposes of federal disaster relief as of September 3 have until October 1.

Three types of entities must file this form.

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

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

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.

SEPTEMBER 30: FCC FORM 611-T, DESIGNATED ENTITY REPORT. Each year on September 30, entities that won licenses at auction with bid credits must file a combined 611-T Designated Entity report for any licenses still subject to the “unjust enrichment” rule, which requires licensees to maintain their eligibility for small business and rural service provider bid credits for the first five years of the license term.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

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

September
Sep. 15 – FCC Form 477 due for providers not affected by Hurricane Ida.
Sep. 20 – Reply comments are due on Broadcast Station Technical Rules NPRM.
Sep. 24 – Regulatory fee payments, or requests for waivers, reductions, or installment plans, are due. Sep. 27 – ETRS Form Three is due.
Sep. 27 – Reply comments on Broadband DATA Act Technical Requirements are due.
Sep. 28 – Providers prohibited from accepting traffic from providers not listed on Robocall Mitigation Database.
Sep. 30 – FCC Form 396-C (MVPD EEO Program Annual Report).
Sep. 30 – FCC Form 611T Designated Entity Report due for Licenses subject to Unjust Enrichment rule

October Oct. 1 – FCC Form 477 due for providers affected by Hurricane Ida.
Oct. 8 – TV Broadcaster Relocation Fund Reimbursement Forms due for Phase 1-5 broadcasters.
Oct. 12 – Comments are due on Unmanned Aircraft System Use of 5GHz Band.
Oct. 15 – 911 Reliability Certification
Oct. 21 – Notice of C-Band Operation for Earth Stations is due.
Oct. 25 – Reply comments are due on Unmanned Aircraft System Use of 5GHz Band.

November
Nov. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Nov. 9 – Comments on Farm Bill are due.
Nov. 15 – Deadline to submit information on status of robocall traceback efforts.

“Clown”

by Emeli Sande

Allie Sherlock I hope you enjoy this one guys! I sang this song many years ago and I still enjoy performing it so I did it today (Sep 4, 2021) on Grafton Street in Dublin — this is "Clown" by Emeli Sande.

MENSA MEMBER

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

Life is good!

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