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. 39 | October 30, 2013 |
Headlines
Commission Finally at Full Strength as Wheeler, O'Rielly Confirmed On Tuesday, October 29, 2013, the U. S. Senate finally confirmed Tom Wheeler as Chairman of the FCC, and Mike O'Rielly as Commissioner and replacement for former-Commissioner Robert McDowell, bringing the FCC up to full strength. Originally nominated in April, Mr. Wheeler is currently the managing director at Core Capital Partners, a venture-capital firm based out of Washington, D.C., and has a long history of wireless and cable lobbying. O'Rielly had recently been an advisor to Senate Minority Whip John Cornyn (R-Tex) and had spent over 20 years as a Congressional staffer in both the House and Senate. As reported in the October 23, 2013 edition of the BloostonLaw Telecom Update, Senator Ted Cruz (R-Texas) had delayed Mr. Wheeler's confirmation by placing a hold until Mr. Wheeler clarified whether he would require more disclosure about the donors behind political TV ads. A meeting between Wheeler and Cruz apparently resolved the issue. Of Wheeler's confirmation, Senate Commerce Committee chairman Jay Rockefeller (D-W.V.) said that Wheeler "will be a strong advocate for consumers and the public interest at a time when the FCC is facing decisions that will shape the future of our nation's telephone network and the wireless, broadband, and video industries." FCC Adopts Rural Call Completion Order The FCC has released a Public Notice , dated October 28, 2013, indicating that it has adopted a Report and Order and Further Notice of Rulemaking to address rural call completion problems. The actual Order and Further Notice had not been released as of early Wednesday afternoon. We will prepare a detailed summary and analysis of the Order and Further Notice after they become available. The good news is that the FCC has adopted rules, data retention and reporting requirements that are intended to reduce the deliberate dropping of calls to rural exchanges. The FCC has specifically prohibited the transmittal of false ring tones by all service providers — a rule that should be effective 30 days after Federal Register publication of the Order. In addition, the FCC appears to have adopted certain record keeping, record retention and reporting requirements that hopefully will allow the FCC staff, rural carriers and others to determine the nature, extent and sources of rural call completion problems. Bob Gnapp and others at the National Exchange Carrier Association deserve special praise and thanks for their efforts to provide the high-quality data and analyses used by the Rural Associations during their efforts to convince the FCC to take action with respect to rural call completion. A potential dark cloud is that the FCC appears to have adopted at least one "safe harbor" that will reduce data retention and reporting obligations for service providers that use two or fewer "intermediate long distance providers" (also known as least cost routers). We will wait to see the specific terms and conditions of this "safe harbor," but have initial concerns that it can become a major enforcement loophole since it takes only one unscrupulous least cost router to deliberately drop calls to a rural exchange. The Order also appears to have adopted a waiver process that would allow service providers to seek further reduction of record retention and reporting requirements. Again, the specific terms and conditions of such waiver process will be significant. Most rural carriers will not object if service providers that eliminate rural call completion problems are excused from future data retention and reporting requirements. However, if the waiver standards are lax or if waiver recipients are allowed to backslide in the future without consequences, waivers can undermine the Order. The Further Notice of Proposed Rulemaking appears to raise the possibility of additional "safe harbors" and changes to reporting requirements, as well as to propose additional rules regarding autodialers and intermediate providers. Particularly with respect to additional safe harbors, the rural telecommunications industry will need to remain vigilant to ensure that rural call completion problems continue to be reduced and eliminated. Effective Date of Roaming Text-to-911 Bounce-Back Message Requirement Announced In an Order on Reconsideration released on September 30, 2013, the FCC amended its text-to-911 bounce-back message requirement (adopted in May 2013) as it applies to Commercial Mobile Radio Service (CMRS) providers serving roamers. The FCC's Public Safety and Homeland Security Bureau has announced that the revised rule is effective as of October 29, 2013. Under the rule originally adopted in May 2013, a CMRS provider was required to provide a bounce-back text message to a roamer on its system attempting to send a text-to-911 in an area where the service was unavailable or not supported by the Public Safety Answering Point, even though only the roamer's home carrier could generate a bounce-back message. Under the revised regulation (adopted on September 30, 2013) which has now gone into effect, when a consumer attempts to send a text message to 911 while roaming on a CMRS network, the CMRS provider offering roaming service (host provider) satisfies its bounce-back obligation provided that it does not impede the consumer's text to the consumer's home network provider (home provider) or impede any bounce-back message generated by the home provider back to the consumer. The home provider (not the host provider) has the obligation to send the text-to-911 bounce-back message when (a) the consumer is located in an area where text-to-911 service is unavailable, or (b) the home provider does not support text-to-911 service in that area at the time. The revised rule took effect upon its October 29, 2013 publication in the Federal Register. Law & Regulation
Failure to Register 3650-3700 MHz Transmitters Leads to $3,000 Fine Over the past few years, many of our clients have obtained nationwide 3650-3700 MHz licenses from the FCC. Unfortunately, the issuance of these licenses by the FCC, in and of themselves, grant no authority to construct and operate facilities in the 3650-3700 MHz band. Instead, the FCC's rules require licensees to obtain authorization from the FCC by registering each and every site. On October 23, 2013, the FCC fined Robert Schmidt dba RSISP $3,000 for placing two communications sites in service without registering them with the FCC. While this fine represents a significant downward adjustment from the $12,000 fine that the FCC had originally proposed, it is important to note that the adjustment was made only because Mr. Schmidt was able to demonstrate an inability to pay the larger fine. Operation of unregistered transmitting facilities in the 3650-3700 MHz band is considered to be unauthorized operation of a radio station — which is a serious violation. The FCC does not consider the registration process to be completed until it has reviewed and granted the registration application. Thus, office clients should not assume that there is operating authority upon the filing of a registration application. Rather, when planning your system, you should be prepared to wait several weeks for the FCC's engineering staff to complete their review and act on your registration application. Clients with questions regarding the 3650-3700 MHz registration process should contact our office. Phase II E-911 Location Accuracy Workshop Rescheduled The FCC's Public Safety and Homeland Security Bureau's workshop to discuss recent developments in the use of wireless technology to contact emergency services and the provision and quality of 911 location information delivered to Public Safety Answering Points (PSAPs), originally scheduled for October 2, 2013, has been rescheduled. The workshop will be held on Monday, November, 18, 2013, from 9:30 a.m. to 3:30 p.m., in the Commission Meeting Room (TW-C305) at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Bureau has received certain wireless 911 call tracking data from state and local public safety entities regarding the provision of Phase II location information to PSAPs, and has made the data available in the record of PS Docket No. 07-114. The data remains available for public access and review through the Bureau's web page at www.fcc.gov/encyclopedia/phase-2-data-sets . The Bureau has invited interested parties to submit any additional call tracking data for inclusion in the record for PS Docket No. 07-114 as part of the ex parte process. The Bureau will update the web page to reflect additional submissions. Audio/video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC's web page at www.fcc.gov/live . The FCC's webcast is free to the public. Those who watch the live video stream of the event may email event-related questions to livequestions@fcc.gov . Depending on the volume of questions and time constraints, the panel moderators will work to respond to as many questions as possible during the workshop. Industry
FirstNet Board of Directors Holds Special Meeting, Designates HQ The First Responder Network Authority's (FirstNet) Board of Directors had a special board meeting on October 25, 2013. At the meeting, the Board resolved to: - establish Northern Virginia as the Headquarters of FirstNet;
- establish the Boulder, Colorado area as the Technical, Engineering and Network Design headquarters of FirstNet;
- • establish one regional office in each of the ten Federal Emergency anagement Agency (FEMA) regions at a later date;
- extend its period for negotiations on certain spectrum lease agreements from Broadband Technology Opportunity recipients; and
- transfer oversight of the review process on certain FirstNet ethics concerns and procurement activities to the Commerce Department's Office of the Inspector General.
FirstNet is the independent authority within NTIA charged by the Middle Class Tax Relief and Job Creation Act of 2012 with providing emergency responders with the first high-speed, nationwide network dedicated to public safety. Calendar At-a-Glance
Oct. 30 — Deadline to seek extension of CALM Act small provider grace period (originally due Oct. 14).
Oct. 30 — New 57-64 GHz Rules become effective.
Oct. 31 — Filing deadline for copies of the FCC Form 481 filed with USAC on October 15 (originally due Oct. 15).
Nov. 1 — FCC Form 499-Q is due.
Nov. 4 — Comments on the continuation of the BroadbandMatch website tool are due.
Nov. 4 — Comments are due on NECA's 2014 Modification of the Average Schedule Universal Service High-Cost Loop Support Formula.
Nov. 7 — Reply comments are due on EAS Testing Issues.
Nov. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Nov. 8 — Reply comments are due on FCC's Notice of Proposed Rulemaking on E-Rate 2.0.
Nov. 14 — FCC Open Meeting.
Nov. 18 — Phase II E-911 Location Accuracy Workshop.
Nov. 18 — Reply Comments are due on FCC's guidelines for human exposure to RF electromagnetic fields.
Nov. 18 — Comments on revising and updating the record on cramming are due.
Nov. 19 — Reply comments are due on NECA's 2014 Modification of the Average Schedule Universal Service High-Cost Loop Support Formula.
Dec. 2 — Reply comments on revising and updating the record on cramming are due.
Dec. 2 — Form 323 (Biennial Ownership Report) is due.
Dec. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Dec. 23 — PRA Comments on Electronic Tariff Filing Requirements are due.
Jan. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Jan. 15 — Annual Handset Accessibility Compliance Report due.
| BloostonLaw Private Users Update | Vol. 14, No. 10 | October 2013 |
Government Shutdown does not Delay Availability of Certain 800 MHz Frequencies to Public Safety Licensees The FCC has clarified that the federal government shut-down will not delay the start of the filing windows for spectrum that has recently been vacated by Sprint Corporation in the 809-815/854-860 MHz band (Channels 231-470) Interested licensees may review the FCC's Vacated Channel Search Engine (VCSE) in order to determine whether any spectrum could potentially meet their needs. It is important to note that under the FCC's 800 MHz rebanding plan, spectrum that is vacated by Sprint in this portion of the 800 MHz band will be available to public safety users for the first three years and then to public safety and critical infrastructure users for the next two years. It is only after the fifth year that any remaining channels would revert to their original frequency pools and be available for licensing to any otherwise eligible applicant. Thus, for industrial or non-public safety/critical infrastructure entities, the wait will be 5 years, while public safety and critical infrastructure users have the opportunity to file for spectrum that would meet their needs. Those public safety clients that may have an interest in obtaining additional 800 MHz spectrum should contact our office as soon as possible. Workshop on E911 Phase II Location Accuracy Postponed to November 18, 2013 The Public Safety and Homeland Security Bureau's workshop to discuss recent developments in the use of wireless technologies to contact emergency services and the provision and quality of 911 location information delivered to PSAPs has been rescheduled to November 18, 2013 from 9:30 AM until 3:30 PM at the FCC's headquarters. This workshop may be of interest not only to wireless carriers but also to agencies that operate Public Safety Answering Points ("PSAPs"). The FCC will broad-cast the meeting live with closed captioning over the Internet at www.fcc.gov/live . Any questions during the workshop may be e-mailed to livequestions@fcc.gov . Depending upon time constraints, questions e-mailed to the program moderator will be addressed during the program. The Bureau has received certain wireless 911 call tracking data from state and local public safety entities regarding the provision of Phase II location information to PSAPs, and has made the data available in the record of PS Docket No. 07-114. The data remains available for public access and review through the Bureau's web page at www.fcc.gov/encyclopedia/phase-2-data-sets . The Bureau has invited interested parties to submit any additional call tracking data for inclusion in the record for PS Docket No. 07-114 as part of the ex parte process. The Bureau will update the web page to reflect additional submissions. Failure to Notify FCC of Change in Tower Owner Results in $4,200 Fine — Clients Should Contact Us if They Have Purchased any Towers or Companies with Towers The FCC has proposed a $4,200 fine against Coastal Television Broadcasting Company LLC for failing to notify the FCC of a change in ownership information related to an Antenna Structure Registration (ASR). During the course of an inspection of the antenna site, the FCC discovered that the ownership and contact information for the antenna tower had changed almost 5 years prior even though the ASR database had not been updated to reflect the ownership change. Following the inspection, the FCC issued a Notice of Violation to Coastal concerning its failure to immediately notify the FCC of the ownership change. Coastal responded that it updated the FCC's ASR database within 8 hours of being notified of the issue by the field inspector. The FCC notes that Rule Section 17.57 requires the owner of an antenna structure to immediately notify the FCC of any change in ownership information by submitting a Form 854 application in the ASR system. The base amount of a fine for failing to make this required filing is $3,000. However, the FCC made increased the proposed fine, because maintaining current ownership and contact information in the FCC's ASR database is particularly important so that the FCC and individuals can notify antenna structure owners in the event of a lighting failure or other malfunction involving the antenna tower. Because Coastal did not make the notification for over 4 years, the FCC increased the proposed fine by $1,200. Because of the safety of life issues associated with antenna towers and the potential for aviation accidents, the FCC takes enforcement of its registration and obstruction/marking/lighting rules very seriously. Please contact us if you have either purchased an antenna structure or any entity that owns an antenna structure (or plan to do so in the near future). Likewise, we should also be contacted if you have moved offices over the years so that we can ensure that the information associated with your antenna structures in the FCC's ASR database is accurate. FCC Cites Hair Salon for Harmful Interference from Light Bulbs to AT&T's 700 MHz Cell Site Based upon an investigation of an interference complaint by AT&T, the FCC has cited Perfect Cuts Salon for not resolving harmful interference — caused by its fluorescent lighting fixtures — to AT&T's neighboring cell site. The FCC's action underscores the need to heed official correspondence from the Commission, even if you are not a licensee. On July 24, 2013, the FCC investigated a complaint of interference to an AT&T cell site and determined that the source of the interference was the overhead fluorescent lighting fixtures in the salon. During the course of the investigation, the owner of the salon admitted that AT&T representatives had conducted on/off testing in the salon, which confirmed that the salon's lighting was the source of the interference. The owner initially claimed he had unsuccessfully asked General Electric, the manufacturer, to replace the lighting. What the owner failed to state upfront was that he wanted cash from General Electric so he could install the replacement lighting himself. At the time of the site visit, the FCC field agent told the salon owner that the lighting had to be repaired or replaced in order to resolve the interference. During a follow up call the following week, the salon owner took the position that since the lighting was not causing him any issues, there was no reason to repair or replace them unless he was paid to do so. While it may seem strange that lighting can cause harmful interference to licensed radio operations, this case demonstrates that many electrical devices used in residential and commercial applications can actually radiate radio-frequency energy — albeit unintentionally. These "unintentional radiators" or "incidental radiators" are still subject to the requirement in Part 15 of the FCC's Rules that no harmful interference be caused to licensed FCC radio operations. Because the salon owner was unwilling to cooperate, the FCC was forced to issue a formal citation, which included an immediate order that the salon turn off its lights until the lighting was either repaired or replaced. It is important to note that the issuance of a citation by the FCC is the first step in the FCC's enforcement toolbox for those entities that do not hold FCC licenses or permits. If there are further violations, the FCC may proceed to monetary fines — which the FCC indicated could be up to $16,000 per day of a continuing violation and up to $112,500 for any single act or failure to act. With the proliferation of wireless facilities, the likelihood of interference complaints can only increase. If you find yourself on the receiving end of an interference complaint, we recommend that you contact our office as soon as possible. | 
David George and Bill Noyes
