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Wireless News Aggregation

Friday — June 24, 2016 — Issue No. 712


Dear Friends of Wireless Messaging,

Welcome back to The Wireless Messaging News.

Sorry about not sending out a newsletter last week. I was having some problems with my computer, and there were some serious health issues going on with friends and family.

I received several messages asking if I was OK. Thanks a lot. I am OK and back to work.


Now on to more news and views.

Wayne County, Illinois


Wireless Messaging News

  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Telemetry
  • Paging
  • Wi-Fi
Wireless
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Messaging

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.


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There is no charge for subscription and there are no membership restrictions. It’s all about staying up-to-date with business trends and technology.


Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!



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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
Dartmouth-Hitchcock
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.




Advertiser Index

Critical Alert
Easy Solutions
Hark Technologies
Ira Wiesenfeld & Associates a/k/a IWA Technical Services
Leavitt Communications
PageTek
Preferred Wireless
Prism Paging
Product Support Services — (PSSI)
Paging & Wireless Network Planners LLC — (Ron Mercer)
WaveWare Technologies

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PageTek

Be sure your infrastructure is up and running with the ProTek Flex Site Monitor from PageTek.

ProTek Flex—reliable, adaptable, expandable, affordable—and no surprises.

PageTek.net
919-518-1828


PageTek

 

 


WaveWare Technologies

wavewear
Enhancing Mobile Alert Response

sales@wirelessmessaging.com
800-373-1466
2630 National Dr., Garland, TX 75041


New Products

OMNI Messaging Server

  • Combines Nurse Call Monitoring and Browser Based Messaging
  • Combines Radio Paging with Smartphone and E-mail Integration
  • Embedded System with 2 RS-232 Ports and Ethernet
  • Browser Based Messaging and Configuration
  • Smartphone Alert Notification Using Low-Latency Communication Protocols
  • TAP, COMP2, Scope, WaveWare, SNPP, PET and SIP Input Protocols
  • PIN Based Routing to Multiple Remote Paging Systems
  • 2W, 5W Radio Paging

MARS (Mobile Alert Response System)

  • Combines Paging Protocol Monitoring and Wireless Sensor Monitoring (Inovonics and Bluetooth LE)
  • Improves Mobile Response Team Productivity using Smartphone App
  • Low-Latency Alerts using Pagers, Smartphones, Corridor Lights, Digital Displays and Annunciation Panels
  • Automated E-mail Based Alert Response and System Status Reports
  • Linux Based Embedded System with Ethernet and USB Ports
  • Browser Based Configuration

STG (SIP to TAP Gateway)

  • Monitors SIP protocol (engineered for Rauland Responder V nurse call)
  • Outputs TAP protocol to Ethernet and Serial Port Paging Systems
  • Linux Based Embedded System
  • Browser Based Configuration

WaveWare Technologies

 


Easy Solutions

easy solutions

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
  • Contracts for Glenayre and other Systems starting at $100
  • 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
Website: www.EasySolutions4You.com
E-mail: vaughan@easysolutions4you.com

Easy Solutions


Toddler-Proof Your iPhone With This Quick Trick

John Patrick Pullen @jppullen 11:09 AM ET


Elizabeth Renstrom for TIME

It also works with nosy friends

In a parental pinch, iPhones and iPads make great pacifiers. That’s not to say you should let junior put Apple devices in his or her mouth, but their flashing lights and colors are a sure-fire way to stop a screaming baby mid-wail. Is it healthy? Probably not, but then again neither is prolonged exposure to side-eye from tables of disapproving restaurant goers when you’re just trying to eat your dinner like a normal person.

The big danger of putting smartphones and tablets in tiny, unpredictable hands is that they’re likely to hit the home button, closing the episode of Daniel Tiger’s Neighborhood that was the one thing standing between a civilized meal and a toddler meltdown. (Or worse, accidentally sending potentially embarrassing messages.)

But there is a way to put your Apple device on lockdown while still letting an open app operate as usual. A setting called Guided Access keeps an iPhone or iPad locked in an app, even if someone hits the home button.

To turn on the feature, tap on Settings -> General -> Accessibility -> Guided Access, and turn flip the switch so it looks green. (Don’t worry, your phone won’t function any differently unless prompted.)

Next, set a passcode — but not the same as your regular iPhone code. This is important, because if your future honor roll student already knows your device’s passcode, they still won’t be able to get out of the Guided Access mode. You can also use Touch ID to turn off Guided Access. That’s a great idea if you’re likely to forget the new PIN you just entered.

Once enabled, all you need to do to use Guided Access is triple-tap the home button as you hand your phone to someone else.

You can also set a time limit with Guided Access, which is a good way to limit little ones’ screen time. Once the time expires, the device automatically locks up. When you configure that setting, it lets you set an alert tone and it speaks the time remaining out loud, which is great for children who haven’t learned how to read yet.

Lastly, within Guided Access’ setting menu is the option to enable an Accessibility Shortcut. Green-light this one as well — it’s what puts the screen-locking feature just a triple-tap of the home button away.

And once you triple-tap within an app, there are even more options to ward off wandering fingers. For instance, you can circle areas of the screen you’d like touch to be disabled on (ideal for blocking access to the play/pause button on Netflix , for instance).You can also turn off the functionality of the sleep/wake button (recommended), volume rocker, on-screen keyboards, or even all the controls on the touchscreen itself.

Because Guided Access is so handy, it’s a feature that everyone should activate. That’s especially true if you plan passing your phone to nosy friends so they can view photos, or even just an airport worker scanning a boarding pass.

Source: TIME  

Voluntary Newsletter Supporters By Donation


Kansas City

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Canyon Ridge Communications

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ProPage Inc.

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Le Réseau Mobilité Plus
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Communication Specialists

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Cook Paging

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MethodLink

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Citipage Ltd.
Edmonton, Alberta

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Prism Paging

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PRISM IP MESSAGE GATEWAY

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THE ULTIMATE IN
COMMERCIAL AND PRIVATE
RADIO PAGING SYSTEMS

  • VoIP telephone access — eliminate interconnect expense
  • Call from anywhere — Prism SIP Gateway allows calls from PSTN and PBX
  • All the Features for Paging, Voice-mail, Text-to-Pager, Wireless and DECT phones
  • Prism Inet, the new IP interface for TAP, TNPP, SNPP, SMTP — Industry standard message input
  • Direct Connect to NurseCall, Assisted Living, Aged Care, Remote Monitoring, Access Control Systems

Product Support Services, Inc.

Repair and Refurbishment Services

pssi logo

pssipssi

Product Support Services, Inc.

511 South Royal Lane
Coppell, Texas 75019
(972) 462-3970 Ext. 261
sales@pssirl.com left arrow
www.pssirl.com left arrow

PSSI is the industry leader in reverse logistics, our services include depot repair, product returns management, RMA and RTV management, product audit, test, refurbishment, re-kitting and value recovery.


Memorial Hospital practices mass casualty drills regularly

Posted: Jun 14, 2016 4:48 PM CDT
Updated: Jun 14, 2016 5:36 PM CDT
By Caleigh Bourgeois

ABC57 News - See the Difference Michiana

SOUTH BEND, Ind.— South Bend’s level two trauma centers says they’re always prepared for a mass casualty.

“I feel for all of my colleagues in Orlando, and I think they did an unbelievable and stellar job.” Scott G. Thomas, M.D., chief of trauma services at Memorial Hospital said.

Thomas says he and his colleagues have to be prepared to save a large amount of lives in a short period of time.

All trauma surgeons at Memorial carry a pager.

Thomas says it’s the same pager system the Orlando surgeons use.

“It has the capability of putting out a page that identifies mass casualty,” Thomas said.

Then, the hospital find a place for each patient, and a job for each staff member.

“We are most likely going to over-triage an event like that,” Thomas said.

The drills and practice are where Memorial Emergency Preparedness Coordinator Elizabeth Buchanan comes in.

Buchanan says the hospital practices at least two mass casualty drills per year.

In October, they will have a mass shooter training.

“We’ll participate like they’re actually shooting victims while we’re still treating regular patients,” Buchanan said.

Thomas and Buchanan say they’re prepared for the real deal, with the capacity to have eight trauma surgeons at one time.

But after watching his fellow surgeons in Orlando deal with the deadliest mass shooting in us history, Thomas says he hopes it never comes to that in Michiana.

“I know that they’ve been dealing with a lot of stress, grief, and the emotion that you have to go through when you have to deal with such an enormous issue,” Thomas said of his Orlando friends.

Source: abc57News  

Leavitt Communications

leavitt

Specialists in sales and service of equipment from these leading manufacturers, as well as other two-way radio and paging products:

UNICATIONbendix king
ZETRON

motorola blue Motorola SOLUTIONS

COMmotorola red Motorola MOBILITY spacer
 usalert
Philip C. Leavitt
Manager
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
CONTACT INFORMATION
E-mail: pcleavitt@leavittcom.com
Web Site: www.leavittcom.com
Mobile phone:847-494-0000
Telephone:847-955-0511
Fax:270-447-1909
Skype ID:pcleavitt

Swissphone

Disaster-Proven Paging for Public Safety

Paging system designs in the United States typically use a voice radio-style infrastructure. These systems are primarily designed for outdoor mobile coverage with modest indoor coverage. Before Narrowbanding, coverage wasn’t good, but what they have now is not acceptable! The high power, high tower approach also makes the system vulnerable. If one base station fails, a large area loses their paging service immediately!

Almost every technology went from analog to digital except fire paging. So it’s time to think about digital paging! The Disaster-Proven Paging Solution (DiCal) from Swissphone offers improved coverage, higher reliability and flexibility beyond anything that traditional analog or digital paging systems can provide. 

Swissphone is the No. 1 supplier for digital paging solutions worldwide. The Swiss company has built paging networks for public safety organizations all over the world. Swissphone has more than 1 million pagers in the field running for years and years due to their renowned high quality.

DiCal is the digital paging system developed and manufactured by Swissphone. It is designed to meet the specific needs of public safety organizations. Fire and EMS rely on these types of networks to improve incident response time. DiCal systems are designed and engineered to provide maximum indoor paging coverage across an entire county. In a disaster situation, when one or several connections in a simulcast solution are disrupted or interrupted, the radio network automatically switches to fall back operating mode. Full functionality is preserved at all times. This new system is the next level of what we know as “Simulcast Paging” here in the U.S.

Swissphone offers high-quality pagers, very robust and waterproof. Swissphone offers the best sensitivity in the industry, and battery autonomy of up to three months. First responder may choose between a smart s.QUAD pager, which is able to connect with a smartphone and the Hurricane DUO pager, the only digital pager who offers text-to-voice functionality.

Bluetooth technology makes it possible to connect the s.QUAD with a compatible smartphone, and ultimately with various s.ONE software solutions from Swissphone. Thanks to Bluetooth pairing, the s.QUAD combines the reliability of an independent paging system with the benefits of commercial cellular network. Dispatched team members can respond back to the call, directly from the pager. The alert message is sent to the pager via paging and cellular at the same time. This hybrid solution makes the alert faster and more secure. Paging ensures alerting even if the commercial network fails or is overloaded.

Swissphone sets new standards in paging:

Paging Network

  • It’s much faster to send individual and stacked pages digitally than with analog voice.
  • If you want better indoor coverage, you put sites closer together at lower heights.
  • A self-healing system that also remains reliable in various disaster situations.
  • Place base station where you need them, without the usage of an expensive backhaul network.
  • Protect victim confidentiality and prevent unauthorized use of public safety communications, with integrated encryption service.

Pager

  • Reliable message reception, thanks to the best sensitivity in the industry.
  • Ruggedized and waterproof, IP67 and 6 1/2-feet drop test-certified products.
  • Battery autonomy of up to three months, with a standard AA battery.
  • Bluetooth enables the new s.QUAD pager to respond back to the dispatch center or fire chief.

Dispatching:

  • Two-way CAD interfaces will make dispatching much easier.
  • The new s.ONE solution enables the dispatcher or fire chiefs to view the availability of relief forces.
  • A graphical screen shows how many of the dispatched team members have responded to the call.

Swissphone provides a proven solution at an affordable cost. Do you want to learn more?
Visit: www.swissphone.com or call 800-596-1914.


Prince Edward County seeks grant for emergency communication towers

Written by Staff on June 23, 2016 at 2:22 pm
By Crystal Vandegrift

FARMVILLE — The Prince Edward County Board of Supervisors announced last week that they are in support of the Commonwealth Regional Council’s 2016 State Homeland Security Program grant application for regional emergency communication tower improvements.

The proposed project involves installing eight new communication towers. Three of the towers will be purchased with grant funds; Mid-Atlantic Broadband, who is partnering with the CRC, will donate five towers.

Lunenburg and Prince Edward County each would receive one tower, Amelia County two and Charlotte County four. According to County Administrator Wade Bartlett, the tower in Prince Edward County is proposed to be placed on land owned by the Darlington-Heights Volunteer Fire Department and would provide communication in dead zones in the western and southern portion of the County.

“Like most localities in Southside Virginia, Prince Edward County is a large, rural locality. Meeting the communication needs of our volunteer fire departments, EMS and sheriff’s office is an on-going challenge. While the county has invested in equipment to enhance emergency services communications, additional infrastructure is needed to provide adequate coverage throughout the county,” said Bartlett.

The grant request is for approximately $866,000 and if awarded, the Prince Edward County Board of Supervisors noted that they are committed to providing the necessary radio equipment for Prince Edward County’s new emergency services towers so this new infrastructure can be put into operation.

“Lack of adequate communication infrastructure poses a risk to both our emergency services personnel and the citizens they serve,” added Bartlett. “By partnering with other localities in the region and taking advantage of Mid-Atlantic Broadband Corporation’s generous donation of five towers, we can eliminate this risk at a reduced cost. We are very excited about this opportunity and hope that Virginia Department of Emergency management will consider helping us address the region’s emergency communication infrastructure needs.”

Source: Southside Messenger .

Leavitt Communications

its stil here

It’s still here — the tried and true Motorola Alphamate 250. Now owned, supported, and available from Leavitt Communications. Call us for new or reconditioned units, parts, manuals, and repairs.

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

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

black line

Phil Leavitt
847-955-0511
pcleavitt@leavittcom.com

leavitt logo

7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
www.leavittcom.com



Hark Technologies

hark logo

Wireless Communication Solutions


USB Paging Encoder

paging encoder

  • Single channel up to eight zones
  • Connects to Linux computer via USB
  • Programmable timeouts and batch sizes
  • Supports 2-tone, 5/6-tone, POCSAG 512/1200/2400, GOLAY
  • Supports Tone Only, Voice, Numeric, and Alphanumeric
  • PURC or direct connect
  • Pictured version mounts in 5.25" drive bay
  • Other mounting options available
  • Available as a daughter board for our embedded Internet Paging Terminal (IPT)

Paging Data Receiver (PDR)

pdr

  • Frequency agile—only one receiver to stock
  • USB or RS-232 interface
  • Two contact closures
  • End-user programmable w/o requiring special hardware
  • 16 capcodes
  • POCSAG
  • Eight contact closure version also available
  • Product customization available

Other products


Please see our web site for other products including Internet Messaging Gateways, Unified Messaging Servers, test equipment, and Paging Terminals.

Contact
Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: sales@harktech.com left arrow CLICK
Web: http://www.harktech.com left arrow CLICK

Hark Technologies


Preferred Wireless

preferred logo

Terminals & Controllers:
4ASC1500 Complete, w/Spares
3CNET Platinum Controllers
2GL3100 RF Director
1GL3000 ES — 2 Chassis — Configurable
1GL3000 L — 2 Cabinets, complete working, w/spares
35SkyData 8466 B Receivers
1Unipage — Many Unipage Cards & Chassis
10Zetron M66 Transmitter Controllers
10C2000s
15Glenayre Complete GPS Kits
1Glenayre QT6994, 150W, 900 MHz Link TX
3Motorola 10W, 900 MHz Link TX (C35JZB6106)
  
Link Transmitters:
6Glenayre QT4201 25W Midband Link TX
3Motorola 10W, 900 MHz Link TX (C35JZB6106)
1Motorola Q2630A, 30W, UHF Link TX
  
VHF Paging Transmitters:
19Motorola Nucleus 125W CNET
6Motorola Nucleus 350W CNET
11Motorola Nucleus 350W NAC
14Motorola Nucleus 125W NAC
1Glenayre QT7505
1Glenayre QT8505
3Glenayre QT-100C
  
UHF Paging Transmitters:
16Glenayre UHF GLT5340, 125W, DSP Exciter
  
900 MHz Paging Transmitters:
2Glenayre GLT8200, 25W (NEW)
15Glenayre GLT-8500 250W
4Glenayre GLT 8600, 500W
  
Parts:
 Nucleus Power Supplies
 Nucleus NIU, Matched Pairs
 Nucleus GPS Reference Modules
 Nucleus GPS Receivers
 Nucleus Chassis
 Glenayre 8500, PAs, PSs, DSP Exciters
 Glenayre VHF DSP Exciters

SEE WEB FOR COMPLETE LIST:

www.preferredwireless.com/equipment left arrow


Too Much To List • Call or E-Mail

Rick McMichael
Preferred Wireless, Inc.
Telephone: 888-429-4171
(If you are calling from outside of the USA, please use: 314-575-8425)
rickm@preferredwireless.com left arrow


Preferred Wireless

 


Critical Alert

spacer cas logo

Critical Alert Systems, Inc.

Formed in 2010, CAS brought together the resources and capabilities of two leading critical messaging solutions providers, UCOM™ and Teletouch™ Paging, along with lntego Systems™, a pioneer in next-generation nurse call systems. The result was an organization that represented more than 40 years of combined experience serving hospitals and healthcare providers.

CAS was created to be a single-source provider for hospitals and healthcare facilities in need of advanced nurse call and communications technologies.

Unlike our competitors, our product development process embraced the power of software from its inception. This enables us to design hardware-agnostic solutions focused on built-in integration, flexibility and advanced performance.

LEARN MORE

Nurse Call Solutions

Innovative, software-based nurse call solutions for acute and long-term care organizations.

LEARN MORE

Paging Solutions

To this day, for critical messaging, nothing beats paging. It’s simply the best way to deliver a critical message.

LEARN MORE

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© Copyright 2015 - Critical Alert Systems, Inc.


BloostonLaw Newsletter

Selected portions 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 with the firm’s permission.


BloostonLaw Telecom UpdateVol. 19, No. 24June 15, 2016

FINAL REMINDER: FCC Form 481 Due in Two Weeks

The FCC’s Form 481, which collects the information required by Section 54.313 of the FCC’s Rules, is due July 1. As with previous years, the Form must be filed with the FCC, USAC, and the relevant state commission or tribal government (as appropriate). BloostonLaw is prepared to assist carriers in preparing and filing the Form, as well as obtaining confidential treatment with the FCC for sensitive responses.

Headlines


U.S. Court of Appeals Upholds FCC Net Neutrality Order

On June 14, the United States Court of Appeals for the District of Columbia Circuit issued an Order denying the petitions for review filed by multiple parties against the FCC’s 2015 Open Internet Order. Specifically, the court denied petitions for review arguing that the FCC lacked statutory authority to reclassify broadband as a telecommunications service; that even if the FCC had such authority its decision was arbitrary and capricious; that the FCC impermissibly classified mobile broadband as a commercial mobile service; that the FCC impermissibly forbore from enforcing certain provisions of Title II; and that some of the rules violate the First Amendment.

In order to understand the court’s decision, it’s important to note that a court sitting in review of an agency decision is not looking to ensure that the agency was right, but only that its decision was reasonable, and legal. By the very nature of administrative review, the court does not endorse the FCC’s ruling, but rather verifies that it was appropriately adopted, with the agency acting within its limits. With that in mind, here’s how the court determined the issues presented:

Procedural Challenges. As a threshold matter, the court rejected arguments that the FCC had failed to provide sufficient rationale to permit interested parties to meaningfully comment. Both particular points in question — whether the FCC should revisit its classification of broadband as an information service, and whether it should follow Supreme Court precedent and consider customer perception in deciding whether or not to reclassify — were clearly and satisfactorily raised in the FCC’s Notice of Proposed Rulemaking, according to the court.

Statutory Authority to Reclassify Broadband. In determining whether the FCC had statutory authority to reclassify broadband as a Title II service, the court primarily relied upon the Supreme Court precedent that the term “offering” in the statutory definition of “telecommunications service” was ambiguous and that by leaving a statutory ambiguity, Congress had delegated to the FCC the power to regulate broadband service by interpreting that ambiguous term. The court also held that the FCC adequately laid out its rationale: according to the Supreme Court, the proper classification of broadband turned upon customer perception, and customer perception had changed. Specifically, customers perceive broadband service as a transmission service that provides access to third party services, rather than a suite of integrated services from one provider.

Regulation of Interconnection Arrangements. The court rejected the argument that the FCC could not regulate interconnection arrangements until it classified interconnection as an offering of telecommunications to edge providers. According to the court, there was no reason to draw a distinction between the flows of information from edge providers to end users versus the flow of information from end users to edge providers.

Mobile Broadband Service as a Commercial Mobile Service. The court rejected the argument that mobile broadband was a “private service”; instead, the court held that the FCC reasonably concluded that mobile broadband service meets the statutory definition of “commercial mobile service”, based on evidence of the explosive growth of mobile broadband service and its near universal use by the public.

Forbearance from Title II Provisions. The court held that the FCC had properly exercised its forbearance powers when it chose to forbear from applying substantial portions of Title II to broadband. In rejecting arguments to the contrary, the court emphasized the requirements of Section 10, the section of the Communications Act that gives the FCC its forbearance authority, rather than the requirements of the individual sections from which the FCC chooses to forbear. The court further found that the FCC had provided reasonable bases for its decisions to forbear.

The Bright Line Rules. In rejecting arguments that the FCC did not have authority under Titles II and III to impose the no-paid-prioritization rule, the court relied on its finding in the previous Net Neutrality case (in which it struck down two of the three 2010 “bright line” rules). Specifically, the court held that the FCC had sufficient authority under Section 706 of the Act to impose such a rule, now that broadband had been properly reclassified. In rejecting arguments that certain rules were unconstitutionally vague, the court held that due process has been satisfied, as the rules “are sufficiently specific that a reasonably prudent person, familiar with the conditions the regulations are meant to address and the objectives the regulations are meant to achieve, would have fair warning of what the regulations require” — a standard that the FCC met. INSERT A BRIEF SENTENCE ABOUT WHAT THE BRIGHT LINE RULES WERE?

The First Amendment. Finally, the court rejected arguments that the Net Neutrality rules violate the First Amendment because the obligations of a common carrier (including the Net Neutrality rules) affect its neutral transmission of others’ speech, not communication of its own message.

It is expected that the matter will be appealed to the Supreme Court.

FCC Clarifies Certain Provisions of Rate of Return Order

On June 15, the FCC issued an Order addressing several informal questions it has received, arising from the implementation of the Rate-of-Return Reform Order. Topics upon which the FCC provided guidance include:

Transfer of Exchanges. After May 24, 2016, a rate-of-return carrier than acquires exchanges from a price cap carrier will receive the same amount of support the price cap carrier received for the exchanges, and have the same service and build-out obligations as the price cap carrier.

Application of monthly per-line limit on universal service support. Section 54.302’s $250 per month per loop limit on total high-cost support is applied to study area support prior to the application of the High Cost Loop Support (HCLS) and Connect America Fund Broadband Loop Support (CAF BLS) budgetary “haircuts” adopted in the Rate-of-Return Reform Order. This is a harsh result for very high cost companies. If a company’s calculated HCLS and ICLS support is $350 per loop per month, that amount will be reduced by $100 per loop per month to the $250 cap before the HCLS and CAF BLS (old ICLS plus new stand-alone broadband) “haircuts” are applied. Hence, a company that should be getting $350/loop/month on the basis of HCLS and CAF BLS calculations, may receive only $220 or $230 per loop per month after the cap and “haircuts” are applied.

Additional ACAM and Transitional Support Budget. For the purpose of determining whether the additional ACAM support and transitional payments exceed the $150 million per year CAF Reserve sweetener, the Bureau will consider the annualized amount that would be disbursed over the ten-year term. In other words, the disbursements for additional ACAM and transitional support amounts may exceed $150 million in the early years, due to transitional support payments, but may not exceed $1.5 billion in the aggregate over the ten-year term.

Timing of Operating Expense Limitation. For administrative efficiency, the operating expense limitation will be implemented on January 1, 2017 for all rate-of-return carriers receiving HCLS and CAF-BLS support. Operating expense limitation reductions to both HCLS and CAF BLS will begin in the first support payment for the period beginning January 1, 2017 (i.e., with the February 2017 disbursement). Note that only one-half of the required reductions in support will be implemented during 2017.

Additional guidance regarding operating expense limitation. The Bureau provided the following guidance regarding the operating expense limitation:

  • Study areas (such as those of average schedule companies) that are not in the operating expense limitation regression are still subject to the operating expense limitation because all that is needed to calculate a study area cap is its density and housing unit information.
  • Study areas with acquired exchanges subject to section 54.305 “parent trap” (that get same support as prior owner) will be included in the regression using the operating costs, housing units and density associated with the remainder of their study area. There will be two operating expense limitations calculated for these study areas: (1) a limitation on operating expenses that may be recovered through HCLS using the geographic data of exchanges not subject to section 54.305 and (2) an operating expense limitation for CAF-BLS using the geographic data of the entire study area.
  • Operating expenses that are associated with acquired exchanges subject to section 54.305 parent trap are to be excluded from the regression.
  • No further action is necessary to make the corporate operations expense limitation operational for consumer broadband-only loops.

Timing of Reductions in Authorized Rate of Return. The first reduction in the authorized rate of return will occur as of July 1, 2016, when it will decrease from 11.25% to 11.00.

Timing of the Capital Investment Allowance. The capital investment allowance will affect HCLS disbursements beginning in 2019 and CAF BLS disbursements beginning on January 1, 2017

Additional Guidance Regarding the Capital Investment Allowance. The Allowed Loop Plant Investment’s (AALPI’s) broadband deployment adjustment must be applied prior to any adjustments related to special circumstances. The minimum AALPI is applied after all other adjustments.

Average schedule carrier participation in the NECA traffic-sensitive pool. Section 69.605(c) of the FCC’s rules does not preclude an average schedule carrier electing model-based support from participating in the NECA traffic-sensitive pool and tariff. Average schedule companies that elect model-based support can no longer participate in NECA’s common line pool, but are not prohibited by section 69.605(c) from participating in the NECA traffic-sensitive pool and tariff.

Determining the Consumer Broadband-Only Loop Investment and Expenses. When calculating the amount of Consumer Broadband-Only Loop investment and expenses a carrier is required to remove from the Special Access category when it begins offering Consumer Broadband-Only Loops, the average number of lines should be used.

Calculation of Budget Control “Haircut.” In the context of the budget control mechanism for rate-of-return carriers, “total demand” equals forecasted disbursements for rate-of-return carriers, including HCLS (including safety net and safety valve support), CAF BLS or ICLS, CAF ICC support, and ACAM support (including additional support provided to facilitate the voluntary path to the model and transitional support payments), except that total demand shall not exceed $2.0 billion plus any additional ACAM support or transitional support payments.

For the second half of 2016, USAC has been ordered to use a rate-of-return budget of $1.0 billion for purposes of implementing the budget control mechanisms during the Third and Fourth Quarters of 2016.

USF Contributions Treatment of Non-Tariffed Services. A detariffed transmission service still is subject to USF contributions if it is being offered as a telecommunications service — i.e., the “offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.” On the other hand, if a rate-of-return carrier chooses to offer and provide transmission only to its affiliated Internet service provider on a private carriage basis as an input in the provision of a mass market retail broadband Internet access service, that service would not be a telecommunications service subject to a mandatory USF contribution obligation. Any client considering a change in the offering of its broadband transmission service from a wholesale telecommunications service to a private carriage basis needs to consider not only potential savings on USF contributions but also the potential impacts upon the eligibility of its plant and operations for high-cost support. Remember that the reason why most RLECs have been providing broadband transmission service as a common carrier service rather than a non-common carrier service is because they wanted the high-cost support provided to telecommunications facilities and services. One would hope that the Bureau’s response on this issue was not an attempt to lure unsuspecting carriers into giving up millions of dollars of high-cost support in order to “save” hundreds or thousands of dollars of “passed through” USF contributions.

Carriers with questions regarding the FCC’s clarifications should contact the firm for more information.

Law & Regulation


House Subcommittee Examines Internet Privacy Rules

On June 14, the Subcommittee on Communications and Technology of the House Committee on Energy and Commerce held a hearing entitled FCC Overreach: Examining the Proposed Privacy Rules. The purpose of the hearing, according to background materials, was to address criticisms raised regarding the FCC’s proposed Internet Privacy rules which ranged from commercial to constitutional. Specifically, criticisms included:

  • Technical developments place substantial limits on ISP’s visibility of consumer information, and other companies often have access to more information and a wider range of user information than ISPs.
  • A broad opt-in requirement will lose meaning for consumers not accustomed to the number of notices and requests for use of information that would follow should the rules be adopted.
  • The rules would force certain business models, and opt-in imposes additional cost on consumers and hurts competition.
  • The FCC’s proposed approach would violate the constitutional guarantee of freedom of speech.
  • Delayed innovation to deferred deployment.
  • Undermine consumers’ confidence in their use of the Internet due to uncertainty regarding the protections that apply to their online activities.

Witnesses for the hearing were: Doug Brake, Telecommunications Policy Analyst for the Information Technology and Innovation Foundation; the Honorable Jon Leibowitz, former FTC Chairman and current Co-Chair of the 21st Century Privacy Coalition; and Paul Ohm, Professor at the Center on Privacy and Technology at Georgetown University Law Center.

The full hearing webcast will is available at here .

Senate Committee Approves Transparency Exemption for Small ISPs

On June 15, the Senate Committee on Commerce, Science, and Transportation held an executive session to consider a number of legislation measures and pending nominations, including the Small Business Broadband Deployment Act of 2015 (S2283), which would exempt small ISPs from the enhanced transparency requirements adopted in the 2015 Open Internet Order. Small providers (100,000 or fewer broadband connections) are currently exempt from the enhanced transparency requirements (but not the original transparency requirements) until December 2016.

At the executive session, a substitute bill was introduced and amended, and a version of the bill in which the definition of “small provider” was increased to 250,000 and a 3 year sunset provision was included, with instructions to the FCC to determine whether the exemption should be made permanent at that time, was approved by voice vote.

As a reminder, the 2015 Open Internet Order enhanced the Transparency Rule by clarifying certain aspects of the rule, including disclosure of specific commercial terms, performance characteristics, and network management practices. Among other things, broadband internet access service (“BIAS”) providers that are subject to the enhanced transparency requirements are specifically required to disclose expected and actual download and upload speeds, latency, and packet loss, but are no longer required to disclose the typical frequency of congestion.

The full legislation can be read here . Our clients that are small ISPs should consider sending a letter to their Senators in support of the permanent exemption. We will be glad to provide such clients with appropriate wording.

House Appropriations Committee Approves Draft Bill Cutting FCC Funding

On June 9, the House Appropriations Committee released the fiscal year 2017 “Financial Services and General Government Appropriations” bill, which provides annual funding for multiple U.S. agencies, including the FCC.

Among other things, the bill contains $315 million for the FCC — a cut of $69 million below the fiscal year 2016 enacted level and $43 million below the request. It also prohibits the FCC from implementing the net neutrality order until certain court cases are resolved, requires newly proposed regulations to be made publicly available for 21 days before the FCC votes on them, prohibits the FCC from regulating broadband rates, and requires the FCC to refrain from further activity of the recently proposed set-top box rule until a study is completed.

The panel, on a voice vote, rejected an amendment by Rep. Jose Serrano (D-N.Y.) that would have stripped out the text publishing, rate regulation and net neutrality provisions.

The House bill will now head to a conference committee to have its differences with the Senate version ironed out. A full copy of the draft can be found here.

Industry


FCC Announces 5th Meeting of CSRIC

On June 13, the FCC issued a Public Notice announcing the fifth meeting of the Communications Security, Reliability, and Interoperability Council (CSRIC), which will be held on June 22 at 1:00 p.m. The CSRIC is a federal advisory committee that provides recommendations to the FCC regarding best practices and actions the FCC can take to help ensure security, reliability, and interoperability of communications systems and infrastructure. At the June meeting the Council will hear progress reports from each working group and vote on Reports from Working Group 3: Emergency Alert System, Working Group 4A: Submarine Cable Resiliency, Working Group 4B: Network Timing, WG5: Cybersecurity Information Sharing, and Working Group 8: Priority Services framework.

Audio and/or video coverage of the meeting over the Internet from the FCC’s web page at www.fcc.gov/live .

Deadlines


JULY 1: FCC FORM 481 (CARRIER ANNUAL REPORTING DATA COLLECTION FORM). All eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes outage, unfulfilled service request, and complaint data, broken out separately for voice and broadband services, information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. Form 481 must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. Although USAC treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment is desired.

JULY 1: MOBILITY FUND PHASE I ANNUAL REPORT. Winning bidders in Auction 901 that are authorized to receive Mobility Fund Phase I support are required to submit to the FCC an annual report each year on July 1 for the five years following authorization. Each annual report must be submitted to the Office of the Secretary of the FCC, clearly referencing WT Docket No. 10-208; the Universal Service Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. The information and certifications required to be included in the annual report are described in Section 54.1009 of the FCC’s rules.

JULY 29: CARRIER IDENTIFICATION CODE (CIC) REPORTS. Carrier Identification Code (CIC) Reports must be filed by the last business day of July (this year, July 29). These reports are required of all carriers who have been assigned a CIC code by NANPA. Failure to file could result in an effort by NANPA to reclaim it, although according to the Guidelines this process is initiated with a letter from NANPA regarding the apparent non-use of the CIC code. The assignee can then respond with an explanation. (Guidelines Section 6.2). The CIC Reporting Requirement is included in the CIC Assignment Guidelines, produced by ATIS. According to section 1.4 of that document: At the direction of the NANPA, the access providers and the entities who are assigned CICs will be requested to provide access and usage information to the NANPA, on a semi-annual basis to ensure effective management of the CIC resource. (Holders of codes may respond to the request at their own election). Access provider and entity reports shall be submitted to NANPA no later than January 31 for the period ending December 31, and no later than July 31 for the period ending June 30. It is also referenced in the NANPA Technical Requirements Document, which states at 7.18.6: CIC holders shall provide a usage report to the NANPA per the industry CIC guidelines … The NAS shall be capable of accepting CIC usage reports per guideline requirements on January 31 for the period ending December 31 and no later than July 31 for the period ending June 30. These reports may also be mailed and accepted by the NANPA in paper form. Finally, according to the NANPA website, if no local exchange carrier reports access or usage for a given CIC, NANPA is obliged to reclaim it. The semi-annual utilization and access reporting mechanism is described at length in the guidelines.

AUGUST 1: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE . Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). Because July 31 falls on a Sunday this year, the filing will be due August 1. This quarterly filing is due July 31 and covers lines served as of December 31, 2013. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2014); December 30 (for lines served as of June 30, 2014), and March 31, 2015, for lines served as of September 30, 2014).

Calendar At-A-Glance


June
Jun. 15 – Reply comments are due on Mobile Competition.
Jun. 16 – Reply comments are due on Dormant Proceeding Termination.
Jun. 20 – Comments are due on FY2016 Regulatory Fee NPRM.
Jun. 27 – Reply comments are due on Internet Privacy NPRM.
Jun. 28 – Comments are due on New Special Access Regulation.

July
Jul. 1 – FCC Form 481 (Carrier Annual Reporting Data Collection Form) is due.
Jul. 1 – FCC Form 690 (Mobility Fund Phase I Auction Winner Annual Report) is due.
Jul. 5 – Reply comments are due on FY2016 Regulatory Fee NPRM.
Jul. 5 – Comments are due on Proposed Eligible Services List for E-Rate.
Jul. 8 – Reply comments are due in Emergency Alert System NPRM Proceeding.
Jul. 11 – Comments are due on RTT Transition NPRM.
Jul. 20 – Reply comments are due on Proposed Eligible Services List for E-Rate.
Jul. 25 – Reply Comments are due on RTT Transition NPRM.
Jul. 26 – Reply comments are due on New Special Access Regulation.
Jul. 29 – Carrier Identification Code (CIC) Report is due.

August
Aug. 1 – FCC Form 507 (Universal Service Quarterly Line Count Update) is due.
Aug. 1 – International Traffic Data Report is due.


BloostonLaw Telecom UpdateVol. 19, No. 25June 22, 2016

Reminder: Annual International Traffic and Revenue Data Due by July 31

On June 15, the FCC issued a Public Notice reminding international Section 214 authorization holders that data for the annual International Traffic and Revenue Reports are due no later than July 31. This applies to international telecommunications service and Voice over Internet Protocol service connected to the public switched telephone network between the United States and any foreign point.

Providers with questions about completing the traffic and revenue data filing should contact the firm.

Headlines


Strict Standard Applied to Waiver Requests

A recent action on a waiver request highlights that waiver applicants may not be able to show "special circumstances" to justify grant of a waiver when the circumstances were caused by the applicant's actions. The Wireline Competition Bureau (WCB) denied a petition filed by ACS of Anchorage, ACS of Northland, ACS of Fairbanks, and ACS of Alaska (collectively, ACS) for waiver of the requirement that a carrier accepting Connect America Phase I incremental support deploy 4 Mbps downstream/1 Mbps upstream service to one unserved location for every $775 in support accepted, rejecting ACS's argument that special circumstances existed to grant the waiver. After accepting $4,185,103 in Connect America Phase I support to deploy 4 Mbps downstream/1 Mbps upstream service to 5,401 unserved locations, ACS alleged that information later emerged that made it unable to meet the requirements. Among other things, ACS claimed that it accepted Phase I funds before completing a full market analysis of the areas where it planned to deploy in order to meet its buildout obligations and the analysis showed that the return on investment was insufficient to justify deploying service to these locations. ACS also argued that it overlooked the presence of wireless Internet service providers (WISPs) and, as a result, nearly half its planned locations were ineligible under Phase I.

In denying the waiver, the WCB found that these two factors do not amount to special circumstances because they "were created entirely by ACS’s actions." According to the WCB, "ACS chose to accept Connect America funds without having completed its market analysis, even though there was clearly the possibility that the analysis would lead to a conclusion that the areas were uneconomical to build with the amount of support provided." With respect to ACS's claim that it overlooked the presence of WISPs, the WCB states that this "was the result of ACS neglecting to check the map for fixed wireless service" and "[f]ailure of ACS to exercise due diligence before accepting the allocated funds does not constitute special circumstances." The WCB distinguished this from a case where the discovery that many of the locations believed to be unserved were in fact served was "caused by some external force or condition, such as an error in the National Broadband Map that subsequently corrected by a third party."

FCC Announces Separate "Mock Auction" and "Practice Auction" for 600 MHz Forward Auction

While short on specific dates, the FCC just issued a Public Notice (DA 16-686) indicating that it will provide one “practice auction” opportunity, followed by a traditional mock auction, so bidders in the Forward Auction portion of the Incentive Auction can familiarize themselves with the new bidding system. The unusual step of having two practice rounds is presumably due to the complexity of the new forward auction procedures, and the initial practice will create particular scenarios for applicants to use to acclimate to the new system. The second practice will be the usual mock auction. These practices will be available for all Auction 1002 applicants listed as qualified to bid in the Qualified Bidders Public Notice, which will be released following the deadline for receipt of upfront payments on July 1, 2016.

The Qualified Bidders PN will announce the specific dates and times for the clock phase practice and mock auctions, as well as the date that bidding will begin in the clock phase of the forward auction. As we have previously pointed out, the FCC has previously said that bidding in the initial round of the clock phase of Auction 1002 will begin no earlier than 15 business days after release of the Qualified Bidders PN. The FCC intends that its schedule for the practice and mock auctions will provide qualified bidders with sufficient time to become familiar with the Auction System prior to the beginning of actual bidding in the clock phase. Based on current timing, it would appear that bidding in the forward auction will not start until the very end of July or more likely early August.

FCC Cracks Down on Violation of Environmental Rules

Last week, the FCC sent out a number of violation citations pertaining to failures to comply with Commission’s regulations implementing the National Environmental Policy Act of 1969 (NEPA) and other federal environmental statutes and related licensing rules. The letters were sent to larger entities such as US Cellular and the Canadian National Railroad, as well as smaller licensees. Thus, the FCC is engaging in a focused enforcement crack down concerning tower violations, and may continue this effort. Therefore, our clients owning or mounting on antenna structures will want to make sure the structure is compliant, before any inspection or complaint focuses FCC attention on it.

Of note, at least one of the violations pertained to the installation of 3.65 GHz facilities without environmental compliance review. While the FCC has instituted a streamlined registration process for 3.65 GHz facilities in lieu of more formal licensing, the actual facilities must be in compliance with the FCC’s environmental protection and historic preservation rules.

Under the Commission’s rules, an applicant must consider, prior to initiating construction or deployment, whether the facility it proposes to build or use may have a significant effect on the environment. As part of this review, applicants must consider whether their proposed facilities would affect properties listed or eligible for listing in the National Register of Historic Places. This consideration involves a specific set of prescribed procedures set forth in the rules of the Advisory Council on Historic Preservation (Advisory Council), as modified by the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation Agreement) and the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NPA). These agreements tailor and streamline the review and consultation procedures routinely required by the National Historic Preservation Act of 1966 (NHPA) and the implementing regulations issued by the Advisory Council.

Specific violations included:

  • failure to conduct the appropriate environmental tests before constructing towers;
  • failure to file requisite environmental assessments (EAs) and license applications and awaiting the Commission’s ruling on such submissions;
  • improperly certifying that facilities would have no significant effect on the environment when a State
    Historic Preservation Office (SHPO) had in fact objected; and
  • failing to submit EAs for the Commission to process before registering towers.

The letters did not specify any penalty for the violations, but noted that future violations may result in additional action, including the imposition of monetary penalties, and that similar conduct may provide grounds for an upward adjustment in the amount of a penalty.

Law & Regulation


FCC To Hold Open Meeting on June 24

The FCC will hold this month’s Open Meeting on June 24 at 10:30 a.m. At the meeting, the FCC will consider the following items:

  • a Notice of Proposed Rulemaking that seeks comments on changes to streamline and increase the transparency of the Executive Branch review of applications and petitions for national security, law enforcement, foreign policy and trade policy concerns.
  • a Report and Order that would revise the Emergency Alert System rules by adding new event codes covering extreme high winds and storm surges caused by Category 3 (and greater) hurricanes.
  • a Report and Order to require submarine cable licensees to report communications network outages to the FCC.

As always, the meeting will be webcast live at www.fcc.gov .

Comment Deadline Established for Phase II FNPRM

On June 21, the FCC published notice of the Further Notice of Proposed Rulemaking in which it seeks comment on several specific procedures that will apply in the Phase II auction. Therefore, comments are due on July 21, and reply comments are due on August 5.

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC is seeking comment on the following:

  • how to apply weights to the different levels of performance adopted in the accompanying Order,
  • measures to achieve the public interest objective of ensuring appropriate support for all of the states, and
  • measures to achieve the public interest objective of expanding broadband on Tribal lands.

Readers will recall that in the Order accompanying the FNPRM, the FCC adopted tiered public interest obligations which bidders may propose to meet when bidding in the auction:

  • a “minimum” performance tier requires that bidders commit to provide broadband speeds of at least 10 Mbps downstream and 1 Mbps upstream (10/1 Mbps) and offer at least 150 gigabytes (GB) of monthly usage.
  • a “baseline” performance tier requires that bidders commit to provide at least 25 Mbps downstream and 3 Mbps upstream (25/3 Mbps) and offer a minimum usage allowance of 150 GB per month, or that reflects the average usage of a majority of fixed broadband customers, using Measuring Broadband America data or a similar data source, whichever is higher.
  • An “above-baseline” performance tier requires that bidders commit to provide at least 100 Mbps downstream and 20 Mbps upstream (100/20 Mbps) and offer an unlimited monthly usage allowance.
  • a “Gigabit” performance tier requires that bidders commit to provide at least 1 Gigabit per second (Gbps) downstream and 500 Mbps upstream and offer an unlimited monthly usage allowance.

Bids in all tiers will be compared directly, such that one bidder could propose to offer “baseline” service at a certain price, and would compete directly with another bidder proposing “Gigabit” service at another price. A similar tier system has also been adopted for latency.

Applications for Review of Open Internet Transparency Guidelines Filed

On June 20, CTIA and the Competitive Carrier’s Association each filed Applications for Review of the FCC’s Public Notice of May 19, in which it provided “guidance” on the Open Internet Transparency rule requirements (a.k.a. the enhanced transparency requirements). According to both filers, the Public Notice enacted unlawful and substantive new rules without conducting an appropriate notice-and-comment proceeding.

Specifically, both filers focused on three specific aspects of the Public Notice, arguing that it effectively:

  • established a new point of sale disclosure obligation by requiring that mobile broadband providers ensure that consumers “actually receive” disclosures;
  • narrowed the acceptable performance metrics for mobile broadband providers to the Cellular Market
    Area basis; and
  • inappropriately adopted the mobile Measuring Broadband America program as a safe harbor.

Oppositions to the applications are due 15 days after the applications themselves were filed (July 5), and replies to oppositions are due 10 days after the oppositions are filed (July 15).

Industry


Chairman Wheeler Wants US to Lead World in Development of 5G Networks and Services

Speaking in Washington DC this week, FCC Chairman Tom Wheeler outlined his plan to free up large bands of spectrum for future use in the provision of “Fifth Generation” (or “5G”) wireless services.

“The interconnected world of the future will be the result of decisions we must make today,” said Wheeler. “That is why 5G is a national priority, and why, this Thursday, I am circulating to my colleagues proposed new rules that will identify and open up vast amounts of spectrum for 5G applications.”

An NPRM on 5G spectrum and services, also known as the “Spectrum Frontiers” proceeding, will be taken up for vote during the FCC's July 14 Open Meeting.

The term “5G” is used to denote the next phase of mobile telecom standards beyond the current 4G/IMT Advanced standards. The Next Generation Mobile Networks Alliance defines the following requirements for 5G networks:

  • Data rates of tens of megabits/second for tens of thousands of users
  • 1 gigabit/second simultaneously to many users on the same office floor
  • Several hundreds of thousands of simultaneous connections for massive sensor networks
  • Spectral efficiency significantly enhanced compared to 4G

It is anticipated that 5G networks will be rolled out by 2020, in response to business and commercial demands. In addition to providing faster speeds, 5G networks are expected to be used in both indoor and outdoor environments to support machine-to-machine communications and the Internet of Things.

The FCC's Spectrum Frontiers proceeding will look at ways to facilitate restructuring of the so-called "millimeter wave" spectrum bands (i.e., above 24 GHz bands such as LMDS and 39 GHz) for a converged fiber-wireless network. These bands allow only very short range wireless links, but at very high speeds because they accommodate wide bandwidth radio channels. As such, 5G will likely be more of a nomadic service — like Wi-Fi — rather than a wide-area “mobile” service.

“If the Commission approves my proposal next month, the United States will be the first country in the world to open up high band spectrum for 5G networks and applications,” said Wheeler. “And that's damn important because it means US companies will be first out of the gate.”

Mobile operators like Verizon are already planning 5G pre-standard field trials to test advanced technology features that can effectively harness high-frequency spectrum. Ericsson 5G radio prototypes are capable of delivering 12 Gbps mobile experience per user, in live networking environments using Multi-User Multiple Input, Multiple Output (MU-MIMO) and advanced beam tracking. Each Ericsson 5G radio prototypes — currently the size of a piece of carry-on luggage — are designed to supports the equivalent of 40 LTE carriers.

Deadlines


JULY 1: FCC FORM 481 (CARRIER ANNUAL REPORTING DATA COLLECTION FORM). All eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes outage, unfulfilled service request, and complaint data, broken out separately for voice and broadband services, information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. Form 481 must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. Although USAC treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment is desired.

JULY 1: MOBILITY FUND PHASE I ANNUAL REPORT. Winning bidders in Auction 901 that are authorized to receive Mobility Fund Phase I support are required to submit to the FCC an annual report each year on July 1 for the five years following authorization. Each annual report must be submitted to the Office of the Secretary of the FCC, clearly referencing WT Docket No. 10-208; the Universal Service Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. The information and certifications required to be included in the annual report are described in Section 54.1009 of the FCC’s rules.

JULY 29: CARRIER IDENTIFICATION CODE (CIC) REPORTS. Carrier Identification Code (CIC) Reports must be filed by the last business day of July (this year, July 29). These reports are required of all carriers who have been assigned a CIC code by NANPA. Failure to file could result in an effort by NANPA to reclaim it, although according to the Guidelines this process is initiated with a letter from NANPA regarding the apparent non-use of the CIC code. The assignee can then respond with an explanation. (Guidelines Section 6.2). The CIC Reporting Requirement is included in the CIC Assignment Guidelines, produced by ATIS. According to section 1.4 of that document: At the direction of the NANPA, the access providers and the entities who are assigned CICs will be requested to provide access and usage information to the NANPA, on a semi-annual basis to ensure effective management of the CIC resource. (Holders of codes may respond to the request at their own election). Access provider and entity reports shall be submitted to NANPA no later than January 31 for the period ending December 31, and no later than July 31 for the period ending June 30. It is also referenced in the NANPA Technical Requirements Document, which states at 7.18.6: CIC holders shall provide a usage report to the NANPA per the industry CIC guidelines … The NAS shall be capable of accepting CIC usage reports per guideline requirements on January 31 for the period ending December 31 and no later than July 31 for the period ending June 30. These reports may also be mailed and accepted by the NANPA in paper form. Finally, according to the NANPA website, if no local exchange carrier reports access or usage for a given CIC, NANPA is obliged to reclaim it. The semi-annual utilization and access reporting mechanism is described at length in the guidelines.

AUGUST 1: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of- return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). Because July 31 falls on a Sunday this year, the filing will be due August 1. This quarterly filing is due July 31 and covers lines served as of December 31, 2013. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2014); December 30 (for lines served as of June 30, 2014), and March 31, 2015, for lines served as of September 30, 2014).

Calendar At-A-Glance


June
Jun. 27 – Reply comments are due on Internet Privacy NPRM.
Jun. 28 – Comments are due on New Special Access Regulation.

July
Jul. 1 – FCC Form 481 (Carrier Annual Reporting Data Collection Form) is due.
Jul. 1 – FCC Form 690 (Mobility Fund Phase I Auction Winner Annual Report) is due.
Jul. 5 – Reply comments are due on FY2016 Regulatory Fee NPRM.
Jul. 5 – Comments are due on Proposed Eligible Services List for E-Rate.
Jul. 8 – Reply comments are due in Emergency Alert System NPRM Proceeding.
Jul. 11 – Comments are due on RTT Transition NPRM.
Jul. 20 – Reply comments are due on Proposed Eligible Services List for E-Rate.
Jul. 21 – Comments are due on CAF Phase II FNPRM.
Jul. 25 – Reply Comments are due on RTT Transition NPRM.
Jul. 26 – Reply comments are due on New Special Access Regulation.
Jul. 29 – Carrier Identification Code (CIC) Report is due.
Jul. 31 – Annual International Traffic and Revenue Data are due.

August
Aug. 1 – FCC Form 507 (Universal Service Quarterly Line Count Update) is due.
Aug. 1 – International Traffic Data Report is due.
Aug. 5 – Reply comments are due on CAF Phase II FNPRM.

This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm. For additional information, please contact Hal Mordkofsky at 202-828-5520 or halmor@bloostonlaw.com .

Public demonstration of emergency communications this weekend

By Times Telegram
Posted Jun. 23, 2016 at 5:53 PM
Herkimer, N.Y.

LITTLE FALLS — Thousands of ham radio operators will show off their emergency capabilities this weekend.

When trouble is brewing, ham radio people are often the first to provide information and communications. On June 25 and 26, the public will have a chance to meet and talk with these ham radio operators and see for themselves what the Amateur Radio Service is all about. Showing the newest digital and satellite capabilities, voice communications and even historical Morse code, hams from across the country will hold public demonstrations of emergency communications abilities.

The annual event, called Field Day, is the climax of the week long Amateur Radio Week sponsored by the American Radio Relay League, the national association for amateur radio. Using only emergency power supplies, ham operators will construct emergency stations in parks, shopping malls, schools and backyards around the country. Their slogan, "Ham radio works when other systems don't!" is more than just words to the hams as they prove they can send messages in many forms without the use of phone systems, internet or any other infrastructure that can be compromised in a crisis.

"We hope that people will come and see for themselves, this is not your grandfather's radio anymore," said Allen Pitts of the ARRL in a news release. "The communications networks that ham radio people can quickly create have saved many lives in the past months when other systems failed or were overloaded."

For more than 100 years, amateur radio — sometimes called ham radio — has allowed people from all walks of life to experiment with electronics and communications techniques, as well as provide a free public service to their communities during a disaster, all without needing a cell phone or the Internet. Field Day demonstrates ham radio’s ability to work reliably under any conditions from almost any location and create an independent communications network.

"It’s easy for anyone to pick up a computer or smartphone, connect to the Internet and communicate, with no knowledge of how the devices function or connect to each other," said Sean Kutzko of the American Radio Relay League. "But if there’s an interruption of service or you’re out of range of a cell tower, you have no way to communicate. Ham radio functions completely independent of the Internet or cell phone infrastructure, can interface with tablets or smartphones and can be set up almost anywhere in minutes. That’s the beauty of amateur radio during a communications outage."

"Hams can literally throw a wire in a tree for an antenna, connect it to a battery-powered transmitter and communicate halfway around the world," Kutzko added. "Hams do this by using a layer of Earth’s atmosphere as a sort of mirror for radio waves. In today’s electronic do-it-yourself environment, ham radio remains one of the best ways for people to learn about electronics, physics, meteorology and numerous other scientific disciplines, and is a huge asset to any community during disasters if the standard communication infrastructure goes down."

In Herkimer County, the Fort Herkimer Amateur Radio Association will demonstrate amateur radio in a field near the home of Hank and De Crofoot on Kilts Hill Road, Little Falls. They invite the public to come and see ham radio’s new capabilities and learn how to get their own FCC radio license before the next disaster strikes.

For more information, contact Hank Crofoot at 823-2993 or kb2vlp@localnet.com or Chris Bouck at 429-3927 or cbouck01@twcny.rr.com . Information on how to become involved in amateur radio is available by contacting Bouck or go to the national website at www.arrl.org .

Source: The Telegram  

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THOUGHT FOR THE WEEK

The Dynamics Of Change In Consciousness

Deautomatisation

“Exposure to mightiness and immensity of the elements and forces of nature helps in losing self-centeredness and self-importance. This leads to acceptance of the triviality and insignificance of one's individual existence and ego dissolution. When an individual is not bothered about himself, his restlessness ceases, leading to increased tranquility and peace.”

Source: Psychology4all.com The Psychology of Consciousness

PHOTO OF THE WEEK

The Eiffel Tower

The Eiffel Tower is lit up in the colors of the rainbow flag to pay a tribute for victims of the mass shooting in Orlando, Florida, on June 13, 2016, in Paris, France.

 

Source: The Atlantic Chesnot / Getty


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