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 Update | Vol. 16, No. 27 | July 24, 2013 |
Headlines Wireless Industry Challenges Technical Feasibility of Certain Text-to-911 Requirements On behalf of the wireless industry, CTIA has filed a Petition for Reconsideration or Clarification of the FCC's Text-to-911 Report and Order , which was adopted last May and which includes regulatory obligations that go into effect at the end of September 2013. According to CTIA, the Text-to-911 Order imposes technically infeasible obligations on CMRS providers because current network architectures do not permit serving carriers to provide wireless subscribers roaming on their networks with an automatic bounce-back message when text-to-911 service is not available. Comments in support of, or in opposition to, the CTIA Petition are due on August 15, 2013; and replies are due on August 26, 2013. Wireless carriers are subject to the Commission's E-911 service rules if they offer real-time, two-way switched voice service that is interconnected with the PSTN and utilize an in-network switching facility that enables frequency reuse and seamless hand-offs of subscriber calls, as well as resellers of such services. These carriers should work with their network vendors and technicians to ensure that their networks can process text-to-911 messages in areas where this service is available, and provide an appropriate bounce-back message where the service is not available. If it does not appear technically or otherwise feasible to do so, we recommend that you contact us right away. Unless the FCC acts quickly on the CTIA petition, and amends the rules as CTIA has proposed, our clients whose networks are unable to process text-to-911 service for roaming customers will need to file requests for waiver of the text-to-911 rule prior to September 30th. The text-to-911 requirements apply to "Covered Text Providers," which include all CMRS providers as well as all providers of interconnected text messaging services through applications downloaded or otherwise installed on mobile phones. The automatic bounce-back message is a text message delivered in response to a consumer's attempt to send a text to 911 when the consumer is located in an area where text-to-911 service is unavailable. No later than September 30, 2013, the text-to-911 "bounce back rule" requires covered text providers to provide an automatic bounce-back message when a consumer attempts to send a text message to the "911" three-digit short code and the covered text provider cannot deliver the text because the consumer is located in an area where (A) text-to-911 service is unavailable in general; or (B) the covered text provider does not support text-to-911 service at the time. The bounce back rule further provides that a covered text provider does not have an obligation to provide an automatic bounce-back message when (1) transmission of the text message is not controlled by the provider; (2) a consumer is attempting to text 911, through a text messaging application that requires CMRS service, from a non-service initialized handset; (3) when the text-to-911 message cannot be delivered to a PSAP due to failure in the PSAP network that has not been reported to the provider; or (4) a consumer is attempting to text 911 through a device that is incapable of sending texts via three digit short codes, provided the software for the device cannot be upgraded over the air to allow text-to-911. The requirement for CMRS carriers to provide the bounce-back message to roaming customers is codified in Section 20.18(n)(7) of the FCC Rules (the "roaming rule"). The CTIA Petition asks the FCC to eliminate the requirements imposed by the roaming rule and discussed in Paragraph 72 of the Text-to-911 Order. Paragraph 72 of the Order includes the statement: "Given the important safety of life implications, carriers should make automatic bounce-back messages available to consumers roaming on their network to the same extent they provide such messages to their own subscribers." In the alternative, CTIA requests that the Commission delete the roaming rule and amend the bounce back rule so that carriers that offer text-to-911 service to their own subscribers may send an automated "text-to-911 service is not available" message to roaming customers.
CTIA has urged the FCC not to address roaming requirements for text-to-911 service until appropriate technical organizations are able to confirm such requirements are technically feasible. Senate Committee Approves Wheeler Yesterday, the Senate Commerce, Science, and Transportation Committee advanced Tom Wheeler's nomination to the Chairmanship of the FCC to the full Senate floor. However, it could still be several weeks before the full Senate actually votes on the nomination. Originally nominated by President Obama in May, The Hill reports that Committee Ranking Member Sen. John Thune (R-S.D.) said he expects the Senate will only vote on Wheeler along with a nominee for the open Republican seat on the Commission. At this time, the White House has yet to name a Republican nominee, although The Hill further reports that Republican Senate leaders submitted a name eight weeks ago. (No name was disclosed, although speculation is reportedly focused on Michael O'Reilly, a staffer for Sen. John Cornyn (R-Texas)). Interestingly, Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.), who had expressed concern about Wheeler's ties to the industry, said Wheeler is "well-qualified to be FCC chairman, with a distinguished career in the communications industry" at Tuesday's session. Appellate Court Upholds Warrantless Access to Cellphone Location Data On Tuesday, the United States Court of Appeals for the Fifth Circuit held , in a 2 to 1 panel decision, that government authorities can obtain historical location data directly from carriers without a search warrant. Interestingly, the United States Court of Appeals for the Third Circuit has reached the opposite conclusion in a similar case, a holding which the Fifth Circuit acknowledged but respectfully declined to follow. A conflict between the Circuits on a point of Federal law usually requires that the U.S. Supreme Court weigh in on the matter and resolve the conflict. In this case, which originated in the Southern District of Texas, the government filed three applications under the Stored Communications Act requesting court orders to compel wireless carriers to provide approximately 60 days of cell phone location records for a particular phone as part of an ongoing investigation. The magistrate judge denied the request on the grounds that the government needed a warrant based on probable cause before it could obtain the records, and the U.S. District Court agreed with the magistrate judge. On appeal by the government, the Fifth Circuit held held that a warrantless search was "not per se unconstitutional" because location data was "clearly a business record" and therefore, under a line of U.S. Supreme Court cases dating to 1979, are not protected by the Fourth Amendment. Under the Circuit court's ruling, law enforcement authorities in the Fifth Circuit would still need a court order to obtain the records, but a court order is a much lower bar than a warrant based on probable cause. Two similar cases are currently being considered in the Fourth and Eleventh Circuits. In the Fourth Circuit case United States v. Graham , the government obtained 221 days of historical cell site location information for two suspects without a warrant. In the Eleventh Circuit case United States v. Davis , police obtained cell phone location records for four persons over a 67-day period, without a warrant. The New York Times is reporting that the ruling is likely to intensify legislative efforts that are already gaining momentum in Congress and in the states to reconsider requirements regarding the need for warrants based on probable cause to obtain cellphone location data. The decision could also have implications in the recent NSA scandal, as the government has argued that NSA was within constitutional bounds because the records it collected from Verizon are likewise "business records."
Law & Regulation FCC Seeks Comment on Changes to E-Rate Forms The Wireline Competition Bureau released a Public Notice on July 24, 2013 seeking comment on proposed revisions to FCC Forms 500, 486 and 479 and related instructions. These forms are used in the administration of the E-rate program. Comments are due August 14; replies due August 28. FCC Forms 479 and 486 enable participants in the program to certify that they are compliant with the Children's Internet Protection Act (CIPA), when they seek discounts for Internet access, internal connections and basic maintenance of internal connections. FCC Form 486 also is the form that school and library applicants use to notify the Universal Service Administrative Company (USAC or the Administrator) of their service start dates and certify compliance with E-rate program technology plan requirements. FCC Form 500 is used to make changes to previously filed forms. The proposed revisions to the forms and instructions can be found here . According to the Public Notice, the proposed revisions include: - Clarifications and updates where needed or where information is outdated.
- ●Name changes for the FCC Form 486 and FCC Form 500, and accompanying instructions.
- Adjustments to form certifications to ensure consistency with the requirement to retain documentation for at least five years after the last day of the delivery of discounted services, or, for the purposes of equipment transfers, five years from the transfer.
- Removal of the check boxes for waivers on the FCC Form 479 and FCC Form 486.
- Revising the forms to reflect that the Schools and Libraries 6th Report and Order changed the requirements for technology planning in the E-rate program.
- Adding new sections to the FCC Form 500 to allow applicants to seek extensions of the implementation deadline for non-recurring services and to notify USAC when they are transferring equipment.
House Subcommittee Votes To Revamp FCC Processes The U.S. House of Representatives Energy and Commerce Committee's subcommittee on Communications and Technology has approved, on voice votes, drafts of two bills that would alter the way the FCC does business – even though some disagreements on the subcommittee over the proposed legislation remain unresolved. The less controversial bill, that mainly would address FCC reporting requirements, received greater support from Subcommittee Democrats, while the more detailed bill that would restructure how the FCC approaches rulemakings faced tougher going. Both bills were approved by the House last year, but died in the Senate. The more complicated of the two bills, entitled The FCC Process Reform Act, would amend the current law to, among other things, require the FCC: to make cost-benefit determinations of "economically significant" rulemakings and determine whether "market forces" could solve the issues being addressed in a "reasonable amount of time"; to develop performance measures for its program activities; to provide time for the public to read proposed orders prior to public meetings; to allow a bipartisan majority of FCC Commissioners to hold meetings for collaborative discussions; to allow a bipartisan majority of Commissioners to direct the FCC's staff to draft orders, and to require votes on them; to provide greater public access to ex parte filings; to publish the status of open rulemakings and draft items under consideration; to establish "shot clocks" for FCC actions; to schedule the release of reports; to release all orders within 30 days; to report every six months on progress in meeting "shot clock" deadlines; and to improve access to consumer complaints. The bill would also preserve the FCC's ability to review mergers and other transactions, but would require conditions to (and associated "voluntary" commitments) to be "remedies to harms that arise as a direct result of the transaction," "within the FCC's general authority," and "related to harms specific to the transaction that are not present more broadly in the industry." The second bill, entitled the "Federal Communications Commission Consolidated Reporting Act of 2013," would consolidate multiple FCC reports to Congress into fewer reports, to be submitted every two years. The Reporting Act would require the FCC to send to Congress every two years a report on the communications marketplace that would: assess the state of competition; assess the state of advanced services deployment; and assess the regulatory barriers to market entry and competitive expansion. It would also require the FCC to identify issues the agency planned to address over the following two years and to report on progress. The FCC also would be required to consolidate into a single Communications Marketplace Report information now set forth in separate reports on the ORBIT Act, in the satellite competition report, in the international broadband data report, in the video programming competition report, in the cable industry price report, in the triennial report on barriers to entry for entrepreneurs and small businesses, in the Section 706 report, and in the competition report for Commercial Mobile Radio Services. The FCC would also be required to "consider inter-modal, facilities-based, and Internet-based competition and to compile a list of geographic areas that are not served by providers of advanced services." This law would also repeal the outdated requirement to submit the annual Telegraph Report to Congress, a requirement enacted in 1934 when wire telegraphy was quite common. Republicans claim that the two bills would provide more openness and transparency at the FCC, but Democrats warn they would open the agency up to more litigation and would hamper its ability to protect consumers. Whether the legislation will be passed by the House is very much up in the air. The Subcommittee Chairman, Rep. Greg Walden (R – Ore.), has committed to working with members during the August recess in the hope of resolving concerns over the two draft bills.
Industry Canadian Carriers Oppose Verizon Entry into Canadian Wireless Market Fierce Wireless is reporting that a group of 150 leading Canadian CEOs as well as executives from Canada's three largest wireless carriers (Telus, Bell Mobility, and Rogers Communications) have expressed "strong opposition" to Canadian government regulations and rules that could pave the way for Verizon Communications to enter the Canadian wireless market. According to the article, Canada's government last year relaxed restrictions on foreign ownership in small telecom companies with market share of 10 percent or less, in the hopes of increasing competition for incumbent carriers. Fierce also reports that Verizon made an initial offer of somewhere between $600 million and $800 million to buy fledgling Canadian wireless carrier Wind Mobile, and that Verizon is in talks with rival wireless startup Mobilicity over a possible deal. FCC Issues Updated On July 30 the FCC issued the updated agenda for its August 9, 2013 Open Meeting. The meeting is scheduled to commence at 10:30 a.m. in Room TW-C305, at 455 12th Street, S.W., Washington, D.C., and will be shown live at Agenda for August 9 Open Meeting www.fcc.gov/live . At the meeting, the FCC will consider: (1) a Report and Order addressing technical requirements pertinent to unlicensed services in the 57‑64 GHz frequency band to provide additional competition in the broadband market, improve efficient delivery of broadband services in residences and businesses, and facilitate backhaul transport to support the deployment of 4th Generation (4G) and other wireless services;
(2) a Report and Order that streamlines Part 25 of the Commission's rules to facilitate greater investment and innovation in the satellite industry and promote more rapid deployment of new satellite services to the public,
(3) a Report and Order and Further Notice of Proposed Rulemaking to reform interstate inmate calling services rates and practices; and
(4) the Incentive Auction Task Force will present the latest update on progress towards the Commission's 2014 television broadcast incentive auction.
Deadlines AUGUST 1: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT: Any wireless or wireline carrier (including paging companies ) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by August 1. Carriers porting numbers for the purpose of transferring an established customer's service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30.
Calendar At-A-Glance Aug. 1 — FCC Form 502 due (North American Numbering Plan Utilization and Forecast Report).
Aug. 1 — Reply comments are due on VoIP Direct Access to Numbering NPRM.
Aug. 2 — Comments are due on E-Rate Draft Eligible Services list.
Aug. 5 — Comments on Competitive Bidding Procedures for Auction 96 (H Block Licenses in the 1915-1920 MHz and 1995-2000 MHz Bands) are due.
Apr. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Aug. 9 — FCC Open Meeting.
Aug. 12 — Reply comments on Separate Affiliate Requirements for Rate of Return Carriers are due.
Aug. 14 — Comments are due on Lifeline Reform 2.0 Coalition Petition for Rulemaking.
Aug. 14 — Comments are due on Proposed Changes to E-Rate Forms 500, 486, and 479.
Aug. 15 — Comments are due on CTI Petition for Reconsideration of FCC's Text-to-911 Order.
Aug. 16 — Reply Comments on Competitive Bidding Procedures for Auction 96 (H Block Licenses in the 1915-1920 MHz and 1995-2000 MHz Bands) are due.
Aug. 19 — Comments on reforms to protect VRS program are due.
Aug. 19 — Reply comments are due on E-Rate Draft Eligible Services list.
Aug. 26 — Reply comments are due on the FCC's Staff Report on Rate of Return Re-prescription.
Aug. 26 — Reply comments are due on CTI Petition for Reconsideration of FCC's Text-to-911 Order.
Aug. 28 — Reply comments are due on Proposed Changes to E-Rate Forms 500, 486, and 479.
Aug. 29 — Reply comments are due on Lifeline Reform 2.0 Coalition Petition for Rulemaking.
Sept. 3 — Comments are due on FCC's guidelines for human exposure to RF electromagnetic fields.
Sept. 3 — Paperwork Reduction Act comments are due on E-Rate Forms 470 and 471.
Sept. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Sept. 16 — Comments are due on FCC's Notice of Proposed Rulemaking on E-Rate 2.0.
Sept. 18 — Reply Comments on reforms to protect VRS program are due.
Sept. 18 — Comments are due on FCC's Notice of Proposed Rulemaking on Advanced Wireless Services.
Oct. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Oct. 14 — Deadline to seek extension of CALM Act small provider grace period.
Oct. 16 — Reply Comments are due on FCC's Notice of Proposed Rulemaking on E-Rate 2.0.
Oct. 16 — Reply Comments are due on FCC's Notice of Proposed Rulemaking on Advanced Wireless Services.
Nov. 1 — Reply Comments are due on FCC's guidelines for human exposure to RF electromagnetic fields. | BloostonLaw Private Users Update | Vol. 14, No. 7 | July 2013 |
Caribe Federal Credit Union Cited for Allowing Light Fixtures to Interfere with Licensed Operations in the 700 MHz Band Did you know that light bulbs and light fixtures have the potential to cause harmful interference to licensed radio operations? Did you know that a failure to eliminate interference can lead to FCC fines of $16,000 per day, up to a total of $112,500? Well, it can, since the newer compact fluorescent and LED light bulbs and light fixtures are regulated by the FCC as "unintentional radiators" of emissions under Part 15 of the FCC's Rules. As the Caribe Federal Credit Union discovered, malfunctioning light fixtures can cause harmful interference to other radio operations — in this case to a co-channel station operating on the frequency 712.500 MHz. Based upon an interference complaint, the FCC's Enforcement Bureau used direction finding devices to locate the source of the interference at the credit union's headquarters building. In this case, the field agent determined that the interference was coming from the credit union's interior lighting located approximately 40 feet above the floor. The FCC informed the credit union of the problem several times and directed it not to use the light fixtures until the interference issue was resolved. Unfortunately, the credit union ignored the FCC's informal warnings and on June 25, 2013, the Enforcement Bureau confirmed that the light fixtures were still in operation. The credit union admitted that it did not cease operation until three days later, on June 28. Many of the electrical devices that are used in the work-place and at home are regulated by the FCC as unintentional radiators under Part 15 of the FCC's Rules. "Unintentional radiators" include modern light bulbs and light fixtures, computer monitors, printers, alarm clocks, electric razors, etc. that are not designed to send radio communications, yet emit radio frequency radiation with the potential to interfere with radio frequency devices. Under the FCC's rules, "unintentional radiators" are not permitted to cause interference to a licensed operation, whether it is land mobile, television or radio broadcast or marine. Should it be determined that a device is causing harmful interference, operation must cease until the device is filtered, repaired or replaced. As discussed above, a failure to eliminate interference or follow the direction of the FCC can result in significant financial penalties. Because the Caribe Federal Credit Union did not hold an FCC license or permit, the FCC was required to issue a citation before it could proceed with further enforcement action. However, if you hold an FCC license or permit, in similar circumstances, the FCC could proceed immediately to a Notice of Apparent Liability for Forfeiture. FCC Modifies 900 MHz Freeze to Allow Limited Incumbent System Expansion The FCC has recently issued an order that modifies its freeze on the acceptance and processing of applications for new authorizations in the Business and Industrial Land Transportation Pool in the 896-901 MHz/935-940 MHz band (900 MHz B/ILT) to allow a qualified entity, to file an application for a new license authorization in any of the National Public Safety Planning Advisory Committee (NPSPAC) regions before Sprint Nextel has completed its 800 MHz rebanding efforts. This would also include applications to expand the service radius of currently licensed systems. Under the freeze, which was first adopted in 2004, new applications would not be accepted by the FCC for processing until 6 months after the FCC released a public notice which indicated that Sprint Nextel had completed its rebanding efforts in the particular NPSPAC region. This was because the FCC had determined that the 900 MHz B/ILT band was needed to serve as the temporary home for Sprint Nextel's operations during its 800 MHz rebanding efforts. The FCC's action may provide our 900 MHz licensee clients with additional flexibility – depending upon the local 900 MHz spectrum environment – to expand 900 MHz systems that are the subject to the freeze. In some NPSPAC regions, Sprint Nextel may not have any need for the 900 MHz B/ILT band; while in others, its need may be limited to certain areas of the NPSPAC region. As a result, the FCC concluded that a more flexible approach is appropriate in which an applicant need only obtain Sprint Nextel's concurrence that the frequency proposal will not interfere with its rebanding efforts within the NPSPAC region. Absent a concurrence letter from Sprint Nextel, you will still be required to wait until six months after the FCC releases a public notice that Sprint Nextel has completed its rebanding efforts within the affected NPSPAC region. Please let us know if you have any questions or if there are any expansion/modification applications that you wish to explore. Verizon Wireless Femtocells Reportedly Vulnerable to Security Hacks Security experts have reportedly discovered a way to hack into Verizon Wireless home signal boosters (femtocells). By exploiting a software flaw, researchers from the security firm iSEC demonstrated to reporters how they can eavesdrop on text messages, photos and phone calls made with an Android phone and an iPhone by using a Verizon femtocell that they had previously hacked. The researchers said they plan to give more elaborate demonstrations in a hacking conference in Las Vegas in two weeks. While reports of vulnerabilities in femtocells are not new, the disclosures come at a time of intense public debate about electronic privacy following disclosures about top-secret U.S. surveillance programs by former NSA contractor Edward Snowden. A Verizon Wireless spokesperson said that the company had released a software update last March that prevents its network extenders from being compromised in the manner reported by the researchers, and that there were no reports of customers being impacted by the bug. Our clients that offer femtocells or "cell extenders" to their customers to boost localized wireless coverage should be aware that these devices may be vulnerable to software bugs and security attacks, and should remind customers about the importance of installing software updates when advised by the device manufacturer. Motorola Opposes 700 MHz Public Safety Initiative Politico has reported that Motorola Solutions has been lobbying various states to oppose the $7 billion FirstNet project to modernize public safety communications throughout the United States. Allegedly, Motorola has been using the "state's rights" argument with the various GOP Attorneys General as well as arguing that the proposed 700 MHz system will create large fiscal burdens on state and local governments while, at the same time, failing to satisfy public safety communications needs. Many of the GOP Attorneys General have already balked at other Obama Administration initiatives, including healthcare reform that many feel are over reaching and impinge on states' rights. Based in part upon Motorola's lobbying efforts, the South Carolina Attorney General wrote a letter to FirstNet in which it stated that it is "unrealistic to assume a federal board in Washington, D.C. can or should try to design and mandate a system" for the entire United States. It is important to note that Motorola has a huge financial stake. The vast majority of its revenues from the first quarter of 2013 came from government purchases — which could be adversely impacted by any decisions made by FirstNet. Planning is well underway and how that planning unfolds could determine whether or not Motorola Solutions receives a significant share of the work or is left out in the cold. If the reports are true, presumably, Motorola is concerned that the business could go elsewhere and is therefore trying to take steps to avoid that outcome. FCC Clarifies that Terrestrial Trunked Radio (TETRA) Equipment Can be Used in the 800 MHz Band In response to a request for clarification and/or reconsideration filed by Motorola Solutions, the Commission has clarified that TETRA technology may be used on all channels in the 809-824/854-869 MHz band. Essentially, TETRA is a digital radio technology that operates with Time Division Multiple Access in four time-slot channels within a 25 kHz channel bandwidth. The clarification of the Commission's underlying Report and Order was necessary because the language was not clear as to whether TETRA was limited to the Business/Industrial Land Transportation (B/ILT) 800 MHz channels within the 809-824/854-869 MHz band that were not in the National Public Safety Planning Advisory Committee (NPSPAC) portion of the band or whether it could be used on all of the channels. The Commission has now clarified that it did not intend to limit the use of this technology in the 800 MHz band to the B/ILT licensees, and, as indicated in the amended rules, TETRA technology is permitted on all channels within the 809-824/854-869 MHz band so that it is available to all 800 MHz licensees and not just licensees in the B/ILT services. FCC Amends Part 90 to Permit Airport Foreign Object Detection in the 78 – 81 GHz Band The FCC has amended its rules to permit the certification, licensing and use of foreign object debris (FOD) detection radar equipment for use at airport locations. FODs pose a significant threat to air travel since any substance, debris, or object on a runway or other location can damage aircraft, threatening the safety of airport personnel and airline passengers. This rule change has come about because Trex Enterprises Corporation (Trex) developed a radar technology that meets the FAA's guidance and performance specifications for FOD equipment, but operates on the 78-81 GHz band that is currently allocated for Federal and non-Federal radio astronomy and radio location systems. The FCC was concerned about the potential for interference from FOD detection radar to radio astronomy operations, and proposed that coordination of applications be conducted by the National Telecommunications and Information Administration (NTIA) Interepartment Radio Advisory Committee (IRAC). While commenters sought more burdensome coordination methods, the FCC concluded that IRAC coordination should be sufficient and did not adopt any additional interference mitigation procedures. The FCC also considered whether the 78-81 GHz band should be allowed for purposes other than FOD detection. However, because there is now an on-going proceeding to amend Part 15 of its rules, the FCC took no action. Traveler's Information Station Rules Updated The FCC has updated its Traveler's Information Station (TIS) rules in order to clarify (a) permissible content and (b) that TIS stations may be used for the transmission of any communications related to imminent safety of life or property or for emergency communications during a period of emergency when normal communications facilities have been disrupted as well as (c) to allow the simulcast of travel advisory broadcasts over multiple TIS transmitters in the same area. TIS stations operate in the AM radio band on a primary basis on 530 KHz or elsewhere in the AM radio band on a secondary, non-interference basis. Traditionally, these stations have only been permitted to provide "non-commercial voice information pertaining to traffic and road conditions, traffic hazard and travel advisories, directions, availability of lodging, rest stops and service stations, and descriptions of local points of interest" with transmitting sites limited to the immediate vicinity of air, train and bus terminals as well as Interstate highways, bridges and tunnels and places of interest such as public parks and historical sites. The FCC has made several clarifications regarding permissible communications. TIS operators may transmit weather alerts regarding difficult or hazardous conditions as well as information regarding vehicle crashes, emergency points of assembly, road closures, construction activities, parking, current travel times, driver rest areas, etc. Additionally, transmissions regarding the 5-1-1 travelers' information service may also be broadcast over TIS stations since they directly relate to the provision of travel-related information. Amber/Silver Alerts — The FCC confirmed that its current rules permit the transmission of Amber and Silver alerts since these types of communications are directly related to the safety-of-life or property. Nonetheless, in order to avoid any ambiguity in the future about these sorts of transmissions, the FCC amended its rules to cross-reference the TIS rules to its emergency operations rules. Non-emergency, non-travel broadcasts — The FCC declined to expand its rules in order to allow for the transmission of non-emergency, non-travel related information. The FCC reasoned that doing so would dilute the very purpose of the TIS stations — which is to provide travelers with geographically focused emergency information. As a result, the FCC concluded that emergency weather information could be broadcast as long as it was related to potentially hazardous conditions even though routine NOAA weather information may not be transmitted since it is widely available over the Internet, automobile based information systems, commercial and non-commercial radio stations as well as cell phones, mobile Internet and satellite radio. Further, the FCC is prohibiting the routine transmission during non-emergency periods of terrorist threat levels, public health alerts, emergency preparedness messages, conservation messages, etc. since these sorts of broadcast do not have a "travel nexus" and could dilute the motoring public's situation awareness. Finally, the FCC has concluded that it should allow TIS licensees discretion in determining when an emergency exists. This is because TIS licensees should normally have the knowledge of local conditions and considering the limited operating area of each TIS station, TIS licensees are in the best position to determine what constitutes an "imminent threat to safety-of-life or property" and when local emergency conditions reach the level of a disaster — such as in a hurricane, blizzard, earthquake, flood, etc. In these circumstances, the FCC has indicated that it would be perfectly acceptable to broadcast emergency evacuation routes as well as the location of shelters, healthcare and other emergency services. Additionally, to the extent that driving conditions could be adversely impacted, weather conditions could be provided. Study Shows Wireless Connectivity Improves Patient Outcomes Wireless Week is reporting that a study by the Center for Connected Health demonstrates that wireless patient devices improve patient treatment outcomes and improve health center workflow. The study looked at devices used by patients to collect medical and transmit medical data to remote data centers and compared wireless-based devices against telephone-modem based devices. In addition to blood pressure measuring devices, remote patient devices include cardiac monitors and other biometric monitoring devices — which may be wireless or modem based. According to Kamal Jethwani, MD, MPH, Corporate Manager, Research and Innovation, Center for Connected Health, consumer medical devices, like any other consumer communications application or device, must be user friendly in order, provide real-time transmission of data and be easily portable within the patient's home. The study found that participants with a wireless based device were more likely to use the device and record medical data versus those participants that used telephone-modem based devices. | 
David George and Bill Noyes
