Dear Friends of Wireless Messaging,

This Week's Headlines:

• AAPC Mission
  Our mission is to foster and enhance paging-related technologies to ensure the world-wide growth of the industry
• Company adds surprise fee to lifetime agreement
• Motorola deal may end mobile-gear consolidation
• Dispatchers: 'Don't call 911 for information'
• BloostonLaw Telecom Update
  • FCC Announces Tentative Agenda For Aug. 5 Open Meeting
  • FCC proposes MSS rule changes to push broadband.
  • FCC launches broadband rural health care initiative.
  • BloostonLaw recommends less-restrictive FAA rules.
  • FCC proposes electronic access to rate information.
  • FCC sets comment cycle for pole attachment further notice.
• FCC Finds 14 TO 24 Million Americans Lack Access To Broadband
• Drexel University has successfully tested the IntelliGuard System™
• One-Way POCSAG CreataLink Telemetry Units For Sale

Now on to more news and views.

Wireless Messaging News
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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 Data 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 Data 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.

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American Association of Paging Carriers

The American Association of Paging Carriers (AAPC) is the major association dedicated to representing and advancing the paging industry. Our members are primarily paging companies and vendors, most of which are regional carriers and large, national footprint carriers. AAPC welcomes anyone involved in the paging industry to join and provide a united front to promote the paging industry.

AAPC Mission

Our mission is to foster and enhance paging-related technologies to ensure the world-wide growth of the industry by:

• Providing a forum for industry participants to exchange knowledge, technology, and new business opportunities
• Advocating for legal and regulatory matters
• Developing, promoting, and administering paging-related standards
• Creating a unified voice for the paging industry

Want to save money on your everyday purchases? AAPC members are now eligible for a discount on batteries through Interstate Battery. Contact aapc@ec.rr.com for the details.

The American Association of Paging Carriers administers the ReFLEX™, InFLEXion™, and the FLEXsuite Programs

The FLEXsuite of Enabling Protocols are a collection of I/O, application, and application enabling protocols used with the FLEX Family of protocols (FLEX and ReFLEX). Click here for the FLEXsuite application.

 

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Company adds surprise fee to lifetime agreement

By David Lazarus
July 23, 2010

Rick Wallace bought a lifetime subscription to the traffic-information service TrafficGauge. Several years later, the company says he has to pay $9.95 a year to keep that deal.

A lifetime agreement should last for, well, a lifetime. At least that's what Rick Wallace thought when he paid about $180 several years ago for a lifetime subscription to a traffic-information service.

The Seattle company, TrafficGauge Inc., offers hand-held devices that provide real-time data on traffic conditions for one of four metropolitan areas: Los Angeles, San Francisco, Seattle and Chicago.

"This is the easiest way to receive traffic information in your car where you need it most," the company's website boasts. "It is always on and automatically updates so it is always showing current traffic conditions."

Rancho Palos Verdes resident Wallace, 53, bought his TrafficGauge unit at Costco in 2006 for about $60. At first he paid for only six months of service at a time.

In 2007, he decided the gadget was handy enough that it was worth spending $179.64 for a lifetime subscription.

"It's better than having to call up data on a smart phone," Wallace told me. "It's always connected and easy to use."

A number of customer reviews online echo that sentiment. "I received my TrafficGauge as a present about six months ago," one user says on Amazon.com. "At the time, I was living in L.A. County and commuting to work every day in Orange County. This handy little device saved me TONS of time."

So imagine Wallace's surprise when he received an e-mail recently from TrafficGauge informing him that his $180 lifetime subscription would now be accompanied by a $9.95 "annual network access fee."

"Remember pagers?" the company asked in its e-mail. "Essentially your TrafficGauge is a fancy pager except instead of displaying phone numbers or text it shows traffic.

"We pay a fee to broadcast the traffic information to your device over a pager network owned and operated by a third party. This fee pays for that broadcast."

The e-mail said Wallace and other lifetime members could access TrafficGauge's data via smart phones for no additional charge, although this would effectively make obsolete the always-on device that was the company's selling point in the first place.

Wallace, an accountant, said TrafficGauge was clearly reneging on a deal.

"For me, a lifetime means a lifetime," he said. "They're changing the deal three years into a contract."

The Better Business Bureau gives TrafficGauge a grade of F. The agency says it "requested basic information from this company but has not received a response."

No one at TrafficGauge returned my repeated calls and e-mails.

In its e-mail to customers, the company explained that it has "the right to modify the technology used to deliver this service," and that "we must cover the rising cost of this older technology."

"Moving forward," it said, "the no-cost path is your mobile phone."

That's a fine how-do-you-do for anyone who's already ponied up nearly $250 for a TrafficGauge device and lifetime service. No refunds are being offered.

And if you don't pay the extra fee, apparently your lifetime service will come to an abrupt end. "You must sign up for this charge if you wish to continue to receive service to your Handheld TrafficGauge Mobile Traffic Map," the company warned.

TrafficGauge no longer offers lifetime subscriptions. Customers who buy the handheld devices now must pay $9.99 per month, $47.94 for six months, $83.88 for a year or $143.76 for two years of service.

Basically, TrafficGauge is telling lifetime subscribers that changes in wireless technology have overtaken the company's original business model, and that it can no longer make as much money as it intended.

But instead of swallowing the loss, TrafficGauge is rewriting the terms of its agreement, tacking on an annual fee that lifetime customers naturally assumed they'd be avoiding by agreeing to a long-term relationship.

I'll leave it to TrafficGauge customers (and their lawyers) to decide what should happen next. But I do know this: A deal is a deal.

Yes, consumers should be wary of any company that promises a lifetime of service for a fixed price. But companies also should be accountable any time they make such an offer.

And they should at least have the courage to defend their actions, rather than ducking requests for additional information.

Wallace told me he sent an e-mail to TrafficGauge complaining about the subscription switcheroo. "So far," he said, "they haven't responded."

Unhappy regulators

Speaking of reticence, no one at the California Public Utilities Commission got back to me when I wrote last week about a state Senate report on how consumers have gotten short shrift since the telephone market was deregulated in 2006.

This week, the commission issued a response.

State regulators say they're miffed that Senate investigators don't think they're doing a good job of safeguarding consumers from runaway phone rates.

"I am disappointed that the report focuses on only a few parts of the CPUC's efforts to protect and help consumers instead of recognizing all of our efforts, which are substantial and only getting better," declared Paul Clanon, executive director of the agency.

He said the report "chooses to zero in on large rate increases for add-on services that not everyone buys, such as unlisted numbers," rather than citing lower costs for basic phone service, when the costs are adjusted for inflation.

As I observed in my column, those large rate increases include AT&T jacking up its fee for an unlisted number by more than 600% and its charges for call waiting and call forwarding by about 86%.

"Protecting the interests of consumers is what we do, and we do it well and thoughtfully," Clanon said. "We are constantly improving and refining our internal processes to give consumers the best care and assistance possible."

All appearances to the contrary notwithstanding.

David Lazarus' column runs Tuesdays and Fridays. He also can be seen daily on KTLA-TV Channel 5. Send your tips or feedback to david.lazarus@latimes.com.

Newsletter Supporter

PAGING & WIRELESS
NETWORK PLANNERS LLC
WIRELESS SPECIALISTS

www.pagingplanners.com
rmercer@pagingplanners.com

R.H. (Ron) Mercer Consultant 217 First Street South East Northport, NY 11731
Cell Phone: 631-786-9359

Motorola deal may end mobile-gear consolidation

July 19, 2010, 8:22 PM EDT
By Stephen Lawson

Nokia Siemens Networks' acquisition of most of Motorola's cellular networks business may be the last move in a long game of consolidation in the industry, which has been hammered by price pressures.

The European joint venture, which itself was formed just three years ago, announced on Monday it would buy the bulk of Motorola's wireless network infrastructure assets for approximately US$1.2 billion in cash. The acquisition includes operations that supply carriers around the world with cellular networks of all kinds and had sales of $3.7 billion in 2009. Motorola will retain most of its intellectual property, as well as its business making equipment for the iDEN network used by Sprint Nextel.

After the close of the deal, expected by the end of this year, Nokia Siemens, also called NSN, expects to advance from the fifth-largest to the third-largest vendor in North America. It also expects to become the largest foreign supplier of cellular infrastructure equipment in Japan as it takes over Motorola's supplier relationship with carrier KDDI.

"This deal is about customers," NSN CEO Rajeev Suri said on a conference call following the announcement. It will bring NSN supplier relationships with 50 more carriers and strengthen its relationships with Verizon Wireless, China Mobile and Vodafone, among others, the company said. NSN expects the new business to be profitable.

The mobile network equipment business has been consolidating for several years as carriers themselves have combined, seeking greater scale to compete in a cutthroat consumer business. The trend has accelerated in the wake of massive investments in 3G (third-generation) networks, before the 4G market has quite gotten off the ground, according to analyst Peter Jarich of Current Analysis. The growing reach of Chinese vendors, such as Huawei and ZTE, has also driven prices down, encouraging network vendors to get bigger and spread out their costs, analysts said.

"It's tough if you're not big," Jarich said. Motorola suffered from this problem, still trying to compete in the alphabet soup of cellular standards: GSM (Global System for Mobile Communications), CDMA (Code-Division Multiple Access), Wideband CDMA, WiMax and LTE (Long-Term Evolution). Keeping up with each generation of technology requires significant research and development resources, which favors the biggest global players, he said.

In addition to Nokia and Siemens merging their network infrastructure businesses in 2007, in the past decade Alcatel and Lucent have combined and Nortel Networks has sold off its wireless gear divisions, mostly to Ericsson. But the latest transaction may be the last, at least for a while.

"I think we probably have reached the end of the significant (merger and acquisition) activity," said Yankee Group analyst Ken Rehbehn.

There are now essentially five major vendors of wireless network gear — Ericsson, NSN, Alcatel-Lucent, Huawei and ZTE — and the industry is probably the right size now, Rehbehn said. Any further consolidation would require a massive transaction. The threat of consolidation can make it harder for mobile operators to plan network strategies.

As difficult as the network equipment business is, it also doesn't fit well with Motorola's other businesses, Rehbehn said. The company is still in the midst of separating its struggling handset business from its units that make network gear for government, enterprises and public safety agencies. The mobile-operator infrastructure business would have become part of the latter business, which will be called Motorola Solutions, if the company had retained it.

Asked on the conference call whether Monday's deal is the last sale of an asset before the company splits early next year, Co-CEO Greg Brown, who will lead Motorola Solutions, said he is not working on any other deals. The agreement with Nokia Siemens had been in the works for months, he said.

Ultimately, the acquisition is unlikely to greatly affect mobile operators or their subscribers, other than by ending the uncertainty about the unit's future, analysts said. Nokia Siemens will probably nurture Motorola's WiMax business even though LTE has gained greater traction among carriers worldwide, Rehbehn said. Motorola's existing relationship with Clearwire for its growing WiMax network is a lucrative one, he said. The company is sure to do everything it can to set Clearwire up for a smooth transition to LTE from its existing infrastructure, if the carrier chooses to make that move, the analysts said.

As part of the deal, NSN will have access to Motorola's intellectual property through a cross-licensing deal in perpetuity, NSN officials said. That means Motorola can keep the intellectual property not only as an asset but also for use in its enterprise, public safety and government products.

Other effects remain to be seen.

"The value of any deal comes from the execution," Jarich said.

Dispatchers: 'Don't call 911 for information'

by Jon Lloyd
World-Herald News Service
Published: Thursday, July 22, 2010 9:21 AM CDT

If the dispatchers sitting in the Dispatch Center in the Boone County Sheriff's Office at 1019 W. Mamie Eisenhower Avenue could tell the public one thing, it would be: Don't hang up on a 911 call if you immediately don't get through.

"When a person makes a 911 call it goes to a switch in Nebraska and comes back to us," said veteran dispatcher Carolyn Moreland, who's worked there for almost 12 years. "There is a time delay. If we don't answer immediately, stay on the line. Don't hang up. Stay on the line and wait. If a person hangs up it will be treated like a 911 hang-up call."

Dispatchers Katie Niemants and Rhonda Crim would probably add a few more things.

"Don't call 911 for phone numbers that are in the phone book," Niemants said.

Also, don't call with questions about Pufferbilly Days, she said, explaining that someone once called 911 to ask what time the dog show was.

This past Fourth of July, Niemants said, when it had been raining, dozens of people called the Center's regular phone number asking about the fireworks, which had been postponed until the following day.

"We had at least 50 calls asking what time they were happening. Eight at night it hit. They also called 911," said Neimants, who works the 10 a.m. to 10 p.m. shift. "If someone calls 911 for non-emergency, that's hindering me from helping someone who has a true emergency."

"We get '411 information' calls on 911," said Crim, 36, whose 12-hour shift starts at 3 a.m. "It's not what 911 is intended for. Not everything's a true emergency."

"A situation can be aggravating," Niemants said, "like a neighbor's barking dog. We understand that, but we have a job to do."

Indeed they do. Eleven dispatchers - nine women and two men - man several large computer screens, TV monitors, phones and radios. The dispatchers handle calls for sheriff's deputies, Boone Fire and Rescue, the Boone, Ogden and Madrid police departments, Boone County Search and Rescue, Boone County Hospital, and portions of Woodward Fire and Rescue. They also page volunteer firemen in Boone, Ogden, Madrid, and Woodward. In addition, they monitor the county jail doors via a computer screen. For good reason they call it "the Com Center," short for "command center."

"Every day is different," said Crim. "It's either busy or nothing's happening."

A dispatcher in Boone since May 2006, Crim worked as a dispatcher since 2004, including a stint on the Fort Riley Army Base in Kansas.

"We answer phones, 911 calls," Niemants said. "We page volunteer firemen in Ogden, Madrid, Woodward, and Boone. Paging is much better because the less we can do with phones the better it is for us. Our job is to answer 911 when it rings."

"We'll also do radio traffic," Crim said. "Like check license plates, driver's licenses, warrant checks. It always starts with a phone call or radio traffic. The radio is for law enforcement primarily."

All calls are tape recorded, said Niemants, 32, and dispatchers also take hand-written notes of each call, which are summarized and typed into the radio log, "to show everything that we did."

By last Friday afternoon, Crim and Niemants had logged only five calls for service for the day.

"You know it's going to get busy tonight," Niemants said. "It's Murphy's Law. If it's slow, that guarantees that the night will be busy. Plus, it's nice out and people get out when it's nice."

"And," Crim added, "it's Friday night."

Typical calls for police or deputies include disturbing the peace and "domestic calls," Niemants said, adding that there are medical calls every day. Also daily, she said, are calls from people in the City of Boone who have locked their keys in their vehicles.

"It happens several times a day in Boone," Crim said.

"Administrative calls come here," Niemants said. "For instance, a deputy may have served some papers and someone has a question about them. We don't deal with that. We transfer it up front to the administrative office or the sheriff."

At 14:19:01 - 3:19 p.m. to many people - a call came from the Fareway warehouse at 2300 Industrial Park Road in Boone. A pallet fell on a male employee (age unknown). Crim dispatched an ambulance from Boone County Hospital. They kept track of it while it took the injured employee to the Mercy Medical Center in Des Moines.

"We're responsible for knowing where the ambulance is going," Crim said. "There can be three ambulances going at once."

The total time elapsed from the call for service to the ambulance dispatch was one minute, 30 seconds, Niemants said.

"Which is pretty good," she added. "We paged out an ambulance 20 seconds later. That's a quick response time. We are very efficient in here."

Training for a Boone County dispatcher starts with a 3-month training period, Crim said.

"To see if you want to do it," she explained.

Then it's off to a 40-hour dispatcher class at the Iowa Law Enforcement Academy in Fort Dodge. All applicants must be high school graduates and pass a physical and background check.

Currently, all of the Boone County dispatchers are being trained to handle medical calls a little more in-depth, Crim said.

"It's like triage. It will allow them to give more information to the responding crew," she said. "It ranges from choking to childbirth to telling someone how to do the Heimlich maneuver. It's a big change for us."

"We're nervous, but we're ready," Niemants added.

What makes a good dispatcher?

"A good multi-tasker," Crim said. "And a lot of patience. You get calls from people that are irate, excited. We get everything. A good dispatcher handles the stress."

"You have to be able to handle stress," Niemants said. "We've taken calls from co-workers (who needed emergency medical assistance)."

A mother of three, Crim said handling calls when a child is involved is always difficult. When she dispatched in Kansas, she received what turned out to be the toughest call she ever got: 3-year-old girl had been kicked in the head by a horse. Responders were performing CPR while she was on the phone. The girl didn't survive.

"That was the hardest call I've taken," Crim said.

Niemants said her most difficult call came when a Boone sheriff's deputy called 911 from home and said that he was having a heart attack. She dispatched deputies and fire and rescue. He was air lifted to Mercy Medical Center in Des Moines and is currently doing fine, Niemants said.

The job, although stressful, is very rewarding, both dispatchers said.

"It's knowing that I helped somebody," Niemants said. "Maybe that I actually helped save a life."

Boone County Sheriff Ron Fehr said the dispatchers "are the link between you and your help from policemen, firemen and the sheriff's office."

As Niemants said: "You are their life line."

"All of us came into this job wanting to help," Crim said. "We want to give back."

FCC Proposes MSS Rule Changes To Push Broadband

Satellite Providers Could Become
Terrestrial Broadband Competitors

At last week’s open meeting, the FCC took steps to make 90 megahertz of Mobile Satellite Service (MSS) spectrum available for terrestrial broadband use as part of its National Broadband Plan recommendation to unleash an additional 500 megahertz of spectrum. Specifically, the Commission adopted a Notice of Inquiry (NOI) and Notice of Proposed Rulemaking (NPRM) to explore spectrum allocated to MSS in three bands — the 2 GHz band, Big LEO (Low Earth Orbit) band, and the L-band (1525-1559 MHz and 1626.5-1660.6 MHz). This spectrum is able to accommodate mobile terrestrial communications. For our small and rural carrier clients, this move could create additional large competitors in the mobile and fixed broadband market place. It could also create certain opportunities, as discussed below.

The NPRM outlines two proposals that would remove regulatory barriers to terrestrial use and promote additional investments in the MSS bands, while retaining sufficient market-wide MSS capability. First, it proposes to add co-primary fixed and mobile allocations to the 2 GHz band. This allocation modification sets the stage for more flexible uses of the band by terrestrial services.

Second, it proposes to expand existing secondary market policies and rules to address transactions involving the use of MSS bands for terrestrial services. The FCC said this would create greater predictability in bands licensed for terrestrial mobile broadband service.

The NOI requests comment on further steps the Commission can take to increase the value, utilization, innovation, and investment in MSS spectrum. It builds upon the proposals in the NPRM and addresses, in part, the recommendations of the National Broadband Plan for increasing terrestrial deployment in the MSS bands. The NOI inquires about ways to create opportunities for more expansive and efficient use of the 2 GHz band for standalone terrestrial uses. It also asks, if the value of the spectrum increases, what actions the Commission should take to further the overall public interest. The NOI further requests comment on other ways to promote innovation and investment throughout all three of the MSS bands while also ensuring market-wide mobile satellite capability to serve important needs like disaster response and recovery efforts, rural access for consumers and businesses across America, and various government uses.

Notice of Proposed Rulemaking

The FCC tentatively concluded to add primary Fixed and Mobile allocations to the 2000-2020 MHz and 2180-2200 MHz bands. This allocation will be co-primary with the existing Mobile Satellite allocation for these bands. By making this allocation, the FCC said it laid the groundwork for future flexibility in the use of this spectrum and will bring the allocation for this band into harmony with international allocations.

The FCC said the proposal to add Fixed and Mobile allocations is the first step to providing additional flexibility to the 2 GHz MSS bands. The existing service rules continue to permit MSS and ancillary terrestrial component (ATC) operation and are not altered by the re-introduction of a Fixed and Mobile allocation to the band. The existing MSS licensees, both of which have launched satellites, will continue to be able to operate under the terms of their licenses and must continue to comply with all of the Commission’s existing ATC rules. In the NOI, the FCC seeks comment on additional steps to create the opportunity for expanded use of the 2 GHz band for terrestrial services.

Secondary Market Rules and Procedures for Terrestrial Services in MSS Bands: The FCC seeks to modify its policies and procedures with regard to spectrum leasing arrangements between MSS licensees and third parties for the provision of terrestrial services using MSS spectrum. Specifically, it proposes to allow spectrum leasing arrangements between an MSS operator in the 2 GHz, Big LEO, and L-bands and a third party entity involving the use of MSS spectrum for the provision of terrestrial services to the Commission’s general secondary market spectrum leasing policies and rules that currently apply to wireless terrestrial services. This proposal would apply to all terrestrial use of the MSS spectrum in the 2 GHz, Big LEO, and L-bands, which currently consists of ATC operations, but in the future may include other terrestrial operations in the 2 GHz MSS band. The proposal aims to provide greater regulatory predictability and parity, so that a common set of policies and rules applies for spectrum leasing arrangements involving the provision of terrestrial services, independent of the underlying allocation.

The FCC starts with the premise that the Commission’s general spectrum leasing framework currently applicable to all terrestrial Wireless Radio Services spectrum leasing arrangements should apply to MSS/ATC spectrum leasing arrangements. Accordingly, the FCC said it would require that leasing parties submit specified information and certifications (including information about the parties, the amount and geographic location of the spectrum involved, and other overlapping terrestrial-use spectrum holdings of the parties) to the Commission in advance of any operations that would be permitted pursuant to the proposed transaction. As with proposed spectrum leasing arrangements involving Wireless Radio Services, to the extent a proposed arrangement does not raise potential public interest concerns, the transaction would be subject to immediate processing or approval, whereas to the extent potential public interest concerns were raised (e.g., potential competitive harms) the transaction would be subject to streamlined procedures as the Commission evaluated whether the public interest would be served by the proposed transaction.

Notice of Inquiry

Here the FCC launches a broader inquiry into how it can best increase the value, utilization, innovation and investment in the spectrum for terrestrial services throughout the 2 GHz, Big LEO and L-bands, while ensuring that the U.S. market, as a whole, continues to have robust mobile satellite service capabilities. The FCC focuses on flexibility for deploying new mobile broadband services under the proposed co-primary Fixed and Mobile allocations in the 2 GHz band. The FCC also is interested in additional options for increasing terrestrial use of the Big LEO and L-bands.

The National Broadband Plan recommends that Congress consider expressly expanding the FCC’s authority to enable it to conduct incentive auctions in which incumbent licensees may relinquish rights in spectrum assignments to other parties or to the FCC in exchange for a portion of the proceeds realized by the auction of new spectrum licenses. That is, existing licensees could, on a voluntary basis, relinquish bandwidth in exchange for a portion of the proceeds from an auction for the new licenses authorizing terrestrial only services. Would voluntary incentive auctions, if Congress were to grant such authority to the FCC, be an appropriate mechanism for providing an option for incumbent 2 GHz MSS licensees to vacate the band in favor of mobile broadband providers operating on new licenses?

Alternatively, are there other approaches that could create licenses that would attract the substantial investment necessary to launch new mobile broadband services in the 2 GHz band and that are within the Commission’s existing legal authority? Should existing 2 GHz MSS licensees be given the option to return some of their spectrum (which the FCC could then auction to new terrestrial licensees) while concurrently modifying the MSS licensees’ authorizations to allow them to operate terrestrial networks under the proposed Fixed and Mobile allocations instead of under the current ATC service rules? What is an appropriate metric for assessing how much bandwidth should be returned in exchange for modifying the existing MSS licenses? What, if any, additional conditions — such as buildout requirements for terrestrial networks — are appropriate or necessary to serve the public interest?

As noted in the National Broadband Plan, the 2 GHz MSS band is adjacent to the Advanced Wireless Services—2 paired "J" block at 2020-2025 MHz and 2175-2180 MHz. In any of the scenarios discussed above, would the opportunity to integrate the J Block and 2 GHz MSS spectrum help attract new investment and utilization of new mobile broadband networks in the 2 GHz band? If so, the FCC seeks comment on how the Commission could and whether it should take into account such potential as it decides how to increase utilization of the 2 GHz MSS spectrum for terrestrial use.

Comments in this ET Docket No. 10-142 proceeding will be due 30 days after publication of the item in the Federal Register, and replies will be due 15 days thereafter.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.

FCC Launches Broadband Rural Health Care Initiative

The FCC, at its July open meeting, introduced a new health care connectivity program that would expand investment in broadband for medically underserved communities. The program would give patients in rural areas access to state-of-the-art diagnostic tools typically available only in the largest and most sophisticated medical centers.

According to the Commission, the program’s investment in broadband connectivity would not only improve medical care, but also help reduce healthcare costs. It would spur private investment in networks as well as health-related applications, and would help create jobs that range from building infrastructure to developing and implementing health IT solutions. The FCC said this program has the potential to do for rural health care providers and patients what the E-rate program has done for schools and libraries.

The FCC said this program would invest up to $400 million annually to enable doctors, nurses, hospitals and clinics to deliver, through communications technology, world-class health care to patients, no matter where they live. It is one of four programs in the Universal Service Fund administered by the FCC. Without increasing the projected size of the overall fund, the Notice of Proposed Rulemaking (NPRM) adopted at the open meeting would bring affordable broadband connectivity to more than 2,000 rural hospitals and clinics. It builds on the lessons learned in the successful Rural Health Care Pilot Program — launched in 2007 and set to expire next year — and is consistent with the recommendations in the FCC’s National Broadband Plan. Proposals include:

• Partnering with public and nonprofit health care providers to invest millions in new regional and statewide broadband networks in parts of the country where it is unavailable or insufficient. The new program would help build cost-effective broadband networks — connecting doctors, hospitals and clinics — designed to meet today’s health care needs.
• Making broadband connectivity more affordable by sharing half of the monthly recurring network costs with hospitals, clinics and other health care providers. This enhanced support for broadband connectivity will benefit patients served by thousands of public and non-profit rural health care providers.
• Delivering connectivity where it is needed most today, including at skilled nursing facilities and renal dialysis centers, along with offsite administrative offices and data centers that perform support functions critical to health care networks.

Comments in this WC Docket No. 02-60 proceeding will be due 30 days after publication in the Federal Register, and replies will be due 15 days thereafter.

BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

BloostonLaw Recommends Less Restrictive FAA Rules

In comments on the FCC’s Notice of Proposed Rulemaking (NPRM) regarding various matters to streamline its regulation of antenna structure obstruction marking and lighting, BloostonLaw, on behalf of its clients, has focused on how this proceeding may be affected by the Federal Aviation Administration’s (FAA’s) ongoing rulemaking proceeding initiated in June 2006. BloostonLaw asks the FCC to avoid adopting an overly-broad set of rules that would undercut the ability of licensees to quickly deploy facilities, using their market area license authority, special temporary authority (STA) or conditional temporary authority (CTA).

BloostonLaw believes that the FAA’s proposal is too far-reaching, and that less restrictive steps can be taken to protect air-navigation while allowing for the efficient processing of wireless applications. The FAA’s proposal to require notice and FAA review of certain frequency proposals will undermine the FCC’s efforts to streamline its application and licensing processes, as reflected in its current rules for conditional temporary authority, special temporary authority, and flexible licensing policy associated with its geographic licensing scheme. Proposed FAA Rule Section 77.10(e)(1) provides that notice to the FAA will be required for the construction of a new facility or modification of an existing facility which supports a radiating elements for the purpose of radio frequency transmission operating on various frequencies between 54-108 MHz and 21.2-23.6 GHz. In essence, the FAA would require clearance for tower construction and/or antenna mountings that have no affect on the glide slope of an aircraft landing area, just so the FAA could regulate which frequency is used on the structure.

BloostonLaw said that a review of the proposed rule section suggests that any frequency proposal in any of the affected bands would require notice to the FAA, regardless of output power, height above average terrain or distance from FAA aeronautical aids and facilities. BloostonLaw believes that there are less restrictive alternatives that could be used by the FAA to ensure that its facilities that are necessary for the protection of air-navigation do not experience harmful interference from FCC authorized facilities. This is especially relevant since the FAA has not articulated that an emergency exists due to harmful interference from land mobile and other terrestrial radio facilities.

BloostonLaw believes the FAA should adopt a height/power threshold. The creation of a height power threshold will eliminate the requirement for notice associated low-power operations that are not typically licensed by the FCC on a site-specific basis. In this way, the FAA will be able to eliminate numerous frequency proposals that would otherwise overwhelm its processing staff. In this regard, the FCC has recognized that licensing low-power operations on a “mobile” basis within a mobile area of operation has relieved the industry and the FCC’s staff of a multitude of filings, especially as facilities are relocated in order to meet changing business needs.

Related to the height/power threshold would be the creation of a publicly searchable database similar to the Commission’s TOWAIR database and the FAA’s Notice Criteria Tool that is available for proponents to determine if a proposed antenna structure would require notice to the FAA due to its proximity to a protected aircraft landing area. In this regard, the FAA could collect information concerning the frequency proposal, including: frequency, geographic coordinates, output power and antenna height above ground level in order to determine if notice would be required, based upon the location of the FAA’s air-navigational aids. To the extent that the frequency proposal is located far enough away from the FAA’s air-navigational aids, the FAA could indicate that no notice is required, much like it does for proposed antenna structures that do not penetrate the glide slope into the nearest protected aircraft landing area. The FAA’s response should be instantaneous.

If the FAA does not take any steps to limit the filing of notices, it will be inundated with Form 7460-1 Notices, despite its assertion that it is already receiving the vast majority of such notices from cellular and Broadband PCS providers. This assertion does not take into account the volume of notices that would be triggered by the private land mobile services, public safety services, paging companies, private and common carrier microwave operators, and 900 MHz MAS operators, to name a few. In certain circumstances, the affected bands will also include geographic market area licensees who expected that streamlined licensing, i.e., geographic area licensing, would significantly reduce the potential for delays in system deployment. BloostonLaw is concerned that without relief from the FAA’s proposal, these delays could add several weeks, if not months to the timeline for design and deployment of radio systems that would otherwise not have an adverse impact on FAA navigable aids.

The FAA will be inundated with Form 7460-1 Notices if it insists on reviewing each and every frequency proposal in the affected bands without regard to height and power thresholds. Currently, it takes the FAA several weeks to process routine Form 7460-1 Notices. BloostonLaw can only imagine that the processing time will increase exponentially if the FAA does not streamline its proposal, thereby adding significant delays and unnecessarily reducing carriers’ ability to respond to customer demands for service.

This outcome would undercut the Commission’s special temporary authority, conditional temporary authority and market area licensing mechanisms, which are vital tools in allowing wireless carriers and Part 90 private internal users to be responsive to the marketplace and their internal use needs. Moreover, consumers would be unnecessarily harmed. Customers of various wireless licensees often have radios installed at their homes or businesses as “mobiles,” as allowed by the Commission’s Rules. If the wireless service provider must tell their customers that they have to wait several weeks or months before service can commence (due to the need for FAA clearance), it will significantly lessen the usefulness of the wireless service and further contribute to the economic downturn.

Thus, BloostonLaw urges the FCC to recommend that the FAA revisit its proposal and require the filing of a notice for only those frequency proposals that truly have the potential to interfere with the FAA’s air-navigational aids. BloostonLaw does not dispute the importance of ensuring safety to air-navigation, but recognizes that it must be done in a balanced manner so that the FCC’s licensing process is not unduly hindered.

BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

FCC PROPOSES ELECTRONIC FILING OF ALL TARIFFS: The FCC, at last week’s open meeting, proposed completing the transition to electronic filing of tariffs, which disclose the rates, terms and conditions set by certain carriers. The proposal is part of the FCC’s broader Data Innovation Initiative to modernize and streamline how the agency collects, uses, and disseminates data. Announced last month, the Data Innovation Initiative is part of a comprehensive reform effort that the FCC said is improving the agency’s fact-based, data-driven decision-making. Moving toward electronic filing whenever possible reduces costs and makes information more available and accessible, not only saving time and money but also making it easier for citizens to participate in their government. While electronic tariff filing has been mandatory for dominant carriers since 1998, non-dominant carriers still file by paper and computer disk. Under the Notice of Proposed Rulemaking (NPRM) adopted at the open meeting, non-dominant carriers would file their tariffs using the FCC’s existing Electronic Tariff Filing System. The NPRM also proposed standardizing tariff filings to ease review by the public and the FCC. Online filing of tariffs will afford the public and the FCC with immediate access to new tariffs filed by non-dominant carriers, providing more opportunity for review and comment. The change will also reduce the burden on carriers and FCC staff associated with filing and administering paper records. Comments in this WC Docket No. 10-141 proceeding will be due 30 days after publication in the Federal Register, and replies will be due 15 days thereafter. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC SETS COMMENT CYCLE FOR POLE ATTACMENT FURTHER NOTICE: The FCC has set a comment cycle for its Further Notice of Proposed Rulemaking (FNPRM) proposing rules to expedite access by telecommunications carriers and cable operators to utility poles. Proposed measures include adoption of a specific timeline for pole surveys and make-ready work, use of outside contractors, and improving the availability of data. The FNPRM also proposes to improve the pole attachments enforcement process, and proposes ways to make attachment rates as low and uniform as possible consistent with Section 224 of the Communications Act. These steps should lower both the cost of gaining access to utility poles and pole attachment rates. These actions are intended to remove impediments to the deployment of facilities and to increase delivery of broadband services. Comments in this WC Docket No. 07-245 proceeding are due August 16, and replies are due September 13. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted to the Office of Management and Budget (OMB) by September 13. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

FCC SETS AUGUST 18 AS EFFECTIVE DATE FOR 6 GHz & 23 GHz WIRELESS BACKHAUL R&O: The FCC has published an August 18 effective date for its Report and Order to enhance the flexibility and speed with which companies can obtain access to spectrum for use as wireless backhaul (BloostonLaw Telecom Update, June 16). Specifically, the Report and Order makes two revisions to the Part 101 rules governing terrestrial fixed wireless services in the 6525-6875 MHz band (Upper 6 GHz Band) and 21.8-22.1 GHz and 23.0-23.3 GHz band (23 GHz Band). First, the FCC said it provides fixed terrestrial wireless licensees with authority to operate channels with wider bandwidths of as much as 30 megahertz in the Upper 6 GHz Band (only 10 MHz bandwidth is now permitted). Second, the FCC said it allows applicants to operate pursuant to conditional authority on two additional channel pairs in the 23 GHz Band. Allowing wider bandwidth channels in the Upper 6 GHz Band makes an additional source of spectrum for high-capacity microwave links more readily available, and precludes the need for rule waivers. Finally, the FCC said that expanding conditional authority in the 23 GHz Band will enable licensees to activate microwave links more quickly, including links involved in critical commercial, backhaul, and public safety applications. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino.

2^nd CIRCUIT STRIKES DOWN N.Y. TOWN’s TOWER ORDINANCE: The 2^nd U.S. Circuit Court of Appeals in New York has affirmed a lower court decision to strike down a cell tower ordinance passed by the Town of Clarkstown in Rockland County, N.Y. In New York SMSA Limited Partnership PCS LLC USA v. Town of Clarkstown, the 2^nd Circuit held that the local law was preempted by federal communications law. The ordinance was intended to give the Town the ability to control visual and aesthetic aspects of wireless telecommunications facilities and, in particular, sought a “preference” in residential areas for smaller and less intrusive antennas. Essentially, the ordinance set up a multistage application process, under which permits were pre-screened based on factors such as the use of “preferred alternate technology,” such as “microcell” or “distributed antenna system.” Siting proponents that did not utilize a “preferred technology” were required to submit information regarding radio frequencies and to certify that their proposed antennas would not interfere with existing telecommunications devices. Verizon Wireless and three other carriers challenged the ordinance on federal preemption grounds. The 2^nd Circuit agreed, noting particularly that the “preference for alternative technologies” is preempted because it interferes with the federal government’s regulation of technical and operational aspects of wireless telecommunications technology. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.

SECTION 706 REPORT FINDS UP TO 24 MILLION WITHOUT BROADBAND ACCESS: The FCC’s Sixth Annual Section 706 Report indicates that while a substantial majority of Americans have access to broadband connections capable of “originat[ing] and receiv[ing] high-quality voice, data, graphics, and video telecommunications,” roughly 80 million American adults do not subscribe to broadband at home, and approximately 14 to 24 million Americans remain without broadband access capable of meeting the requirements set forth in Section 706 of the Telecommunications Act. Notwithstanding tremendous efforts by industry and government, those Americans will not gain such access in the near future absent changes in policy, the FCC said. Accordingly, the FCC concluded that broadband deployment to all Americans is not reasonable and timely. This conclusion departs from previous broadband deployment reports, which held that even though certain groups of Americans were not receiving timely access to broadband, broadband deployment “overall” was reasonable and timely. As a consequence of that conclusion, Section 706 mandates that the Commission “take immediate action to accelerate deployment of [advanced telecommunications] capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” The Commission will fulfill that requirement in part by addressing the proposals for Commission action set forth in the National Broadband Plan. These include:

• Reforming the FCC’s universal service programs to support broadband through public-private partnerships;
• Unleashing spectrum for mobile broadband;
• Reducing barriers to infrastructure investment, including delays in access to poles and rights-of-way;
• Collecting better broadband data to assist policymakers and consumers.

The report also takes the step of updating a key standard — speed — used to determine whether households are served by broadband. It upgrades the standard from 200 kilobits per second downstream, a standard set over a decade ago when web pages were largely text-based, to 4 megabits per second (Mbps) downstream and 1 Mbps upstream. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

NEW SPECTRUM INVENTORY BILL ALSO HAS AUCTION PLAN: Senators John Kerry (D-Mass.) and Olympia Snowe (R-Maine) have introduced S.3610, The Spectrum Measurement and Policy Reform Act, which directs the FCC and the National Telecommunications and Information Administration (NTIA) to perform spectrum measurements to determine actual usage and occupancy rates between 100 MHz and 10 GHz. However, the bill also includes provisions for an auction revenue sharing plan and spectrum license fees. The FCC’s National Broadband Plan recommends auctioning 120 MHz of TV broadcast spectrum for mobile broadband use. But the Commission does not have the authority to do that without Congressional approval. S.3610 may very well be the beginning of a process to amend the Communications Act to give the FCC the auction authority it wants for its National Broadband Plan. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell.

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

NEWS FLASH — SATELLITE FAILURES

• January 11, 1997—Telstar 401 suffers a short in the satellite circuitry—TOTAL LOSS May 19, 1998—Galaxy 4 control processor causes loss of fixed orbit—TOTAL LOSS September 19, 2003—Telstar 4 suffers loss of its primary power bus—TOTAL LOSS March 17, 2004—PAS-6 suffers loss of power—TOTAL LOSS
• January 14, 2005—Intelsat 804 suffers electrical power system anomaly—TOTAL LOSS

DON’T WAIT FOR THE NEXT SATELLITE OUTAGE

Allow us to uplink your paging data to two separate satellites for complete redundancy! CVC owns and operates two separate earth stations and specializes in uplink services for paging carriers. Join our list of satisfied uplink customers.

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For inquires please call or e-mail Stephan Suker at 800-696-6474 or steves@cvcpaging.com

Intelligent Solutions for Paging & Wireless Data

WiPath manufactures a wide range of highly unique and innovative hardware and software solutions in paging and mobile data for:

• Emergency Mass Alert & Messaging Emergency Services Communications Utilities Job Management Telemetry and Remote Switching Fire House Automation
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PDT3000 Paging Data Terminal

• FLEX & POCSAG Built-in POCSAG encoder Huge capcode capacity Parallel, 2 serial ports, 4 relays
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Paging Controlled Moving Message LED Displays

• Variety of sizes Indoor/outdoor
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PDR3000/PSR3000 Paging Data Receivers

• Highly programmable, off-air decoders Message Logging & remote control Multiple I/O combinations and capabilities
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Specialized Paging Solutions

• Emergency Mass Alerting Remote telemetry switching & control Fire station automation PC interfacing and message management Paging software and customized solutions Message interception, filtering, redirection, printing & logging Cross band repeating, paging coverage infill, store and forward
• Alarm interfaces, satellite linking, IP transmitters, on-site systems

Mobile Data Terminals & Two Way Wireless  Solutions

Contact
Postal Address:	WiPath Communications LLC 4845 Dumbbarton Court Cumming, GA 30040
Street Address:	4845 Dumbbarton Court Cumming, GA 30040
Web site:	www.wipath.com CLICK
E-mail:	info@wipath.com CLICK
Phone:	770-844-6218
Fax:	770-844-6574
WiPath Communications

 SEE WEB FOR COMPLETE LIST:
www.preferredwireless.com/equipment CLICK HERE

Too Much To List • Call or E-Mail

Preferred Wireless Rick McMichael 888-429-4171 rickm@preferredwireless.com CLICK HERE www.preferredwireless.com/equipment OR HERE

FOR IMMEDIATE RELEASE

DREXEL UNIVERSITY SUCCESSFULLY TESTS REVOLUTIONARY
EMERGENCY ALERT SYSTEM

PHILADELPHIA, PA — July 22, 2010 — Drexel University announced that it has successfully tested a new state-of-the-art emergency alert system. The system, designed by IntelliGuard Systems, LLC, provides simultaneous emergency notification to the campus population in a matter of seconds. Through advances in micro technology, the IntelliGuard System™ delivers emergency messages and instructions in less than 20 seconds through dedicated messaging devices, proving an integral asset to Drexel’s campus safety program.

“The IntelliGuard System performed flawlessly,” said Joseph Spera, Director of Operations for Public Safety at Drexel University. “Alert systems that allow turn-key emergency notification plus directions that will lead thousands of people to safety are a critical part of our ability to protect our campus population.”

Drexel currently employs an emergency alert system that utilizes both text messaging and email notification, which takes from 5 to 10 minutes to reach the campus population. Spera was thrilled that the IntelliGuard emergency messages were received simultaneously in less than 14 seconds of dispatch, and that the new system was completely compatible with Drexel’s current alert system.

The IntelliGuard System™ tested at Drexel included The RAVENAlert™ Keychain, which emits a loud audible alert and vibration upon receipt of an emergency message, guides students, faculty and staff out of harm’s way. Scattering to remote parts of the Drexel campuses, more than 50 participants were provided a RAVENAlert™ Keychain, which weighs less than an ounce and is about two and a quarter inches long. The RAVENAlert™ Wall Unit, mounted in all classrooms and critical locations, flashes a red light, audible alarm and a backlit text message that gets converted to speech. Both facets of the IntelliGuard System™ were blanketed across Drexel’s 74-acre main campus and two satellite campuses in Philadelphia.

J. Roy Pottle, Chairman & Chief Executive Officer of IntelliGuard Systems™, LLC said, “We could not be more pleased to have partnered with Drexel University in a test of our new emergency alert system. Its commitment to safety made it an ideal environment for us to confirm the speed and reliability of our system and the attributes of our dedicated messaging devices.”

The highly reliable, intelligent messaging afforded by the IntelliGuard System™ operates on a dedicated FCC-licensed network that is not in the public domain, therefore limiting the incidence of delays, access, network overload, crashing or hacking that often plagues the digital technology that drives typical campus alert systems. IntelliGuard is a revolutionary advancement of wireless technology that is “tried and true. It works through walls, around equipment…everywhere,” said Spera, a Philadelphia native with more than 30 years of military and local law enforcement experience. “The RAVENAlert™ Keychain, in particular, is ideal for a campus setting, where students can easily carry an unobtrusive emergency device that doesn't get shut off in class like a cell phone. It’s a perfect addition to our arsenal of safety tools that gives us total coverage.”

The RAVENAlert™ Keychain and Wall Unit (which alerts critical locations like classrooms) are products of advances in micro-technology and wireless messaging by IntelliGuard Systems™, LLC a wholly owned subsidiary of American Messaging™, LLC a leading provider of immediate notification systems and messaging devices serving over one million first responders and other emergency personnel. Visit www.IntelliGuardSystems.com for more information.

Company Contact: Jenna Richardson (602) 448-0396 jenna.richardson@americanmessaging.net

# # #

Jenna Richardson
Vice President Product Development

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.

Experts in Paging Infrastructure
Glenayre, Motorola, Unipage, etc.
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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 CLICK
E-mail: vaughan@easysolutions4you.com

Wireless Communication Solutions

USB 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)

• 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 CLICK HERE

Web: http://www.harktech.com CLICK HERE

One-Way POCSAG CreataLink Telemetry Units For Sale

I have received a letter from a reader in Argentina who has some Motorola CreataLink modules for sale. These are one-way 900 MHz Synthesized POCSAG units. He has 30 of the TTL models and 30 of the RS-232 models. The TTL models have external antennas and the RS-232 models have internal antennas. The price is $100 USD FOB Buenos Aires, Argentina. If you are interested send me an e-mail and I will put you in direct contact with the seller. I have photos of the labels on the boxes with the model numbers, etc. — that I can send to you as well.

Our lives are not determined by what happens to us but by how we react to what happens, not by what life brings to us, but by the attitude we bring to life. A positive attitude causes a chain reaction of positive thoughts, events, and outcomes. It is a catalyst, a spark that creates extraordinary results.

—Anon