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the wireless messaging news

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Wireless News Aggregation

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Friday — May 2, 2014 — Issue No. 604

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Paging and Wireless Messaging Home Page image Newsletter Archive image Carrier Directory image Recommended Products and Services
Reference Papers Consulting Glossary of Terms Send an e-mail to Brad Dye

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Dear Friends of Wireless Messaging,

Have you seen the new advertisement from Infostream? Check it out, and tell them you saw it here!

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I found another article that caught my interest. It follows below: “DryBox looks to make a splash, drying out wet smartphones.”

“A wet cell phone used to be as good as dead. In the US alone, water damaged phones average 85,000 every day. Until now, the outlook for a phone with liquid damage was grim, and options were slim.” [ source ]

So, I built my own vacuum chamber.

Maybe I can start a little side business with this? Well, not too much business. I have more important things to do. Like finding wireless and technology news for you to read each week.

This is a dual-purpose set up. The other use is for stabilizing wood. As the air inside of the wood gets vacuumed out, it gets replaced by a liquid wood hardener. Once outside of the chamber, when the hardener dries, the wood gets hard, and doesn't crack while it is drying. It dries much faster since the water (moisture) inside of the wood boiled out (at room temperature) while the wood was under vacuum.

It is really disappointing to have a beautiful piece of wood — that you are saving for a special project — and big, ugly cracks appear while it is drying.

This set up should put an end to that problem — I am expecting at least a 90% success rate — stabilizing wood — about the same for wet cell phones and pagers. Stay tuned. More reports will follow in future issues.

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Have you heard the one about the poor fellow who had three serious problems?

He was dyslexic, he was an agnostic, and he suffered from insomnia.

So . . . he would lay awake all night wondering if there really was a dog.

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P.S. This newsletter is made possible by contributions from readers like you.

Now on to more news and views.

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Wireless Messaging News
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  • Wireless Messaging
  • Critical Messaging
  • Telemetry
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About Us

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

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

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

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

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Editorial Policy

Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association.

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Back To Paging


Still The Most Reliable Protocol For Wireless Messaging!

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If you would like to subscribe to the newsletter just fill in the blanks in the form above, and then click on the “Subscribe” bar.

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


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If you are reading this, your potential customers are probably reading it as well. Please click here to find out how.

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Can You Help The Newsletter?

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

Reader Support

Newspapers generally cost 75¢ $1.50 a copy and they hardly ever mention paging or wireless messaging. If you receive some benefit from this publication maybe you would like to help support it financially? A donation of $50.00 would certainly help cover a one-year paid subscription. If you are wiling and able, please click on the PayPal Donate button above.

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Advertiser Index

American Messaging
Critical Alert Systems
Critical Response Systems
Eagle Telecom
Easy Solutions
Hahntech USA
Hark Technologies
Infostream Pty Limited
Ira Wiesenfeld & Associates
Leavitt Communications
Preferred Wireless
Prism Paging
Product Support Services — (PSSI)
Paging & Wireless Network Planners LLC — (Ron Mercer)
WiPath Communications

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State-of-the-art paging network infrastructure, fully supported at an affordable price – and it integrates with your other gear, include most makes of transmitters

Whether you are replacing or upgrading your existing network or building out new infrastructure, Infostream has the new equipment and systems that you need.

  • Optimised for mission critical and public safety networks
  • Highly integrated base station controller
    • GPS
    • 3G modem
    • HTML User Interface
    • Ethernet switch, IP and router
    • Optional integrated radio modems
    • Dual channel capable
    • Integrated off-air (self monitoring) receiver
  • Ultra high reliability configuration (99.999%)
  • Message encryption plug-in
  • Fully featured central site VOIP, CAD, HTML, TAP, TNPP, SMPP access
  • NMS integration including Nagios, SNMP and syslog
  • Comprehensive diagnostics including adjacent site monitoring
  • Deployed internationally in mission critical applications
  • 21 years of industry experience in design, build and integration

Infostream is a world leading supplier of paging and messaging infrastructure, specialized paging receivers and consultancy services. The company was founded in 1993 and has engineered and supplied equipment for some of the largest public safety networks and private paging customers around the world.

Medical • Fire • Police • Security • Mining • Petrochemicals • Financial Markets • Telemetry • Custom Applications

infostreamInfostream Pty Limited
Suite 10, 7 Narabang Way, Belrose, NSW 2085, AUSTRALIA
Sales Email: | Phone: +61 2 9986 3588 | Afterhours: +61 417 555 525

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Ivy Corp Eagle Telecom

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Critical Response Systems

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More than Paging.
First Responder Solutions.

Our patented technology notifies clinical personnel immediately, while tracking who receives and responds to each alarm. Users confirm or defer each event with a single button press, and analytic dashboards display response statistics in real time, as well as historically broken down by time, unit, room, and individual.

Our systems not only notify your personnel quickly and reliably, but also provide actionable feedback to fine-tune your procedures, reduce unnecessary alarms, and improve patient outcomes.

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Zebra Technologies to buy Motorola Solutions unit for $3.45B

A TC55 cell phone, which can be used with work gloves, made by Motorola Solutions' Enterprise unit. (Motorola Solutions / April 15, 2014)

8:40 a.m. CDT, April 15, 2014

Lincolnshire-based barcode printer maker Zebra Technologies Corp. said it would buy Motorola Solutions Inc.'s enterprise business, which makes rugged mobile computers, tablets and barcode scanners, for $3.45 billion in cash.

The deal will allow Zebra, which sells products helping companies such as Amazon Inc. track inventory and supply chains, to tap the opportunity presented by the profusion of devices, ranging from cars to smoke alarms, connected to the Internet.

Motorola Solutions' enterprise clients include Wal-Mart Stores Inc. and TNT Express.

But the business, which accounts for about a third of Motorola Solutions' total revenue, has been struggling as companies delay orders and cut spending.

After the sale, Motorola Solutions will be left with its core government and public safety business. It also plans to retain its iDEN products portfolio, which is a part of its enterprise business.

"Upon closing of the transaction, we intend to return the proceeds to our shareholders in a timely fashion," Motorola Solutions Chief Executive Greg Brown said in a statement.

Zebra's shares were up about 6 percent at $72.45 before the bell, while Motorola Solutions' stock was up 3.5 percent at $66.01.

"It's an aggressive play by Zebra to fortify their position in the entire AIDC (automatic identification and data capture)space," Northcoast Research analyst Keith Housum said.

The acquisition will be funded through a combination of $200 million cash on hand and $3.25 billion debt, comprising a credit facility and issuance of debt securities.

Morgan Stanley, the financial adviser to Zebra, is providing a financing commitment for the debt.

Zebra said it expected the deal to add to earnings immediately after closing at the end of this year. About 4,500 Motorola Solutions' employees will join Zebra.

In October, Zebra launched Zatar, a Web-based software that allows companies to deploy and manage devices and sensors connected to the Internet, also called the "internet of things."

Zebra acquired Hart Systems, which provides Web-based inventory management software to the retail industry, in December.

Global merger and acquisition activity has surged this year, mainly in the technology industry. Deals worth about $618.4 billion have been completed, with a third of those in the technology, media and telecom sector, according to Thomson Reuters data.


Motorola Solutions estimated its quarterly results below analysts' expectations, saying volumes in its North America government business were lower than expected and some orders in its enterprise business were delayed.

The company estimated an adjusted profit of 50 cents per share and sales of about $1.8 billion for the first quarter ended March.

Analysts on average were expecting a profit of 51 cents per share on revenue of $1.88 billion, according to Thomson Reuters I/B/E/S.

Zebra estimated an adjusted profit of 88-91 cents per share and sales of $287 million-$289 million for the first quarter.

Analysts on average were expecting adjusted earnings of 83 cents per share on sales of $281.6 million.

ZBRA data by YCharts

Copyright © 2014 Chicago Tribune Company, LLC

Source: Chicago Tribune (Thanks to my friend Enrique LLaca in Mexico City.)

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

UNICATIONbendix king

motorola blue Motorola SOLUTIONS

COMmotorola red Motorola MOBILITY spacer
Philip C. Leavitt
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
Web Site:
Mobile phone:847-494-0000
Skype ID:pcleavitt

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RF Technology Accepting Orders for Paging and Two-Way Systems Previously Provided by DX Radio

May 2, 2014

RF Technology is the current manufacturer of the infrastructure, which has been used and labeled DX Radio. RF Technology President, Frank Romanin has started a new company, RF Technology America Inc., which has commenced operation with our other subsidiary IPMobilenet LLC (IPMN). IPMN was recently awarded the data network rollout for the LA RICS project. IPMN manufactures and integrates its own wireless data network (see IPMN has support staff to add to the team. RF Technology will be moving to new premises to accommodate the additional staff and production requirements.

RF Technology is accepting new orders for paging platforms and 2-way communications systems previously provided by DX Radio. RF Technology has three of their senior staff on board for continuity of service to our customers.

Frank says, “We are open for business and ready to accept your next order.”

Please feel free to contact Patty Moore or Chris Landsperger with any questions. Their contact information is:

  • Patty Moore: Regional Sales Manager for all sales queries. Patty can be reached at 858-613-9484 or
  • Chris Landsperger: Technical sales for all production and technical issues. Chris can be reached at 626-379-9904 or

Feel free to contact Frank Romanin directly at 714-856-6183 or, should you have any questions or concerns.

Source:R.F. Technology America

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American Messaging

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American Messaging

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Easy Solutions

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easy solutions

Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.

  • We treat our customers like family. We don't just fix problems . . . We recommend and implement better cost effective solutions.
  • We are not just another vendor . . . We are a part of your team. All the advantages of high priced full time employment without the cost.
  • We are not in the Technical Services business . . . We are in the Customer Satisfaction business.

Experts in Paging Infrastructure

  • Glenayre, Motorola, Unipage, etc.
  • Excellent Service Contracts
  • Full Service—Beyond Factory Support
  • Contracts for Glenayre and other Systems starting at $100
  • Making systems More Reliable and MORE PROFITABLE for over 30 years.

Please see our web site for exciting solutions designed specifically for the Wireless Industry. We also maintain a diagnostic lab and provide important repair and replacement parts services for Motorola and Glenayre equipment. Call or e-mail us for more information.

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023

Vaughan Bowden
Telephone: 972-898-1119

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Easy Solutions

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Product Support Services, Inc.

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Repair and Refurbishment Services

pssi logo


Product Support Services, Inc.

511 South Royal Lane
Coppell, Texas 75019
(972) 462-3970 Ext. 261 left arrow left arrow

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

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DryBox looks to make a splash, drying out wet smartphones

Philip Michaels
@PhilipMichaels Apr 30, 2014 3:30 AM

No matter how advanced smartphones become, one simple truth remains constant: Water and high-tech electronics generally don't mix. But should your phone ever take an unexpected plunge into a pool, bathtub, or—heaven forfend—a toilet, a company named DryBox thinks it can make bringing your mobile device back to life as convenient as renting a DVD from Redbox.

DryBox makes the DryBox Rescue Station, a box that promises to dry up every last water molecule threatening to wreak havoc on the inside of your phone. The service isn't foolproof, but it does claim a pretty impressive success rate: Get your wet phone to a DryBox service station within 36 hours of its watery mishap, and 75 to 80 percent of the time, you'll walk away with a functioning device after it spends half-an-hour drying out inside a DryBox.

The DryBox Rescue Station takes 30 minutes to remove water from a mobile phone that's made an unexpected watery detour.

"It's like CPR for a wet phone," David Naumamn, managing partner of DryBox, told me.

Which is not to say that someone is pounding on the screen of your iPhone or Galaxy S5 and screaming "Live, damn you, live!" Instead, it's a drying chamber that uses a combination of factors including heat to rapidly remove moisture from inside your device.

It's certainly a more high-tech approach than the most common method people turn to when their smartphone goes for an unscheduled swim—leaving that soaking wet device to dry out in a container of rice. So why turn to DryBox when a low-tech solution is probably readily available right inside your pantry? "The one thing about rice: you never know when the phone is dry," said Naumann, who talks about rice the way an Apple executive might talk about Samsung. More problematic, rice can leave behind unwanted residue; DryBox has opened up phones that have used the rice trick only to find starchy sediment inside, according to Naumann.

Apart from rice, the other great challenge standing between DryBox and widespread use is one of location—as of this writing, the company has its boxes in 19 locations, with most concentrated around its home base of Texas. According to the company's location finder, the nearest retail outlet offering DryBox's service is a scant 1443 miles away from my Bay Area home. (Fortunately, my colleague Caitlin McGarry works near The Device Shop in New York's Times Square, so she was able to bring in a water-soaked phone to try out DryBox's Rescue Station for the video that accompanies this article. Good news: The patient lived.)

A water-soaked iPhone prepares to go for a spin in a DryBox unit at The Device Shop in New York.

All of DryBox's current locations offer what the company calls a manual unit—meaning there's a technician on hand to take your wet phone, place it in the DryBox drying station, and press a button. Ultimately, though, DryBox wants to provide to a self-service option—Naumann conjures up images of Redbox and its ubiquitous self-service DVD rental units at grocery stores and other retail outlets. The company is scheduled to test its first automated unit this week in San Antonio, Texas.

There's a couple of motivating factors for DryBox moving toward a self-service offering. For starters, people are reluctant to hand over their mobile device to a stranger, even one capable of staving off water damage. "For the most part, people want to have control over their device," Naumann said. "They don't want to let it out of their sight." Self-service units also figure to cost less. Using one of DryBox's manual offerings can cost between $30 and $60. (The going rate for Caitlin to dry out an iPhone 4s in New York was $50, for example.) A self-service unit would bring down that cost.

The self-service units will also be able to accommodate a wider range of devices. The manual unit currently dries out only phones, Naumann said, up to and including devices the size of Samsung's Galaxy Note III. "On the automated self-service unit, we can accommodate devices up to and including the size of an iPad Air," he added.

While it works on expanding its service, DryBox can point to its track record in restoring phones that might otherwise be lost to the watery deep. "We have not had one case where [a phone was] successful in DryBox, but then an issue came up down the line," Naumann said. And that includes users who've made a return trip to DryBox after accidentally re-introducing their phones to liquid. "Maybe we should have a frequent drier program," Naumann said.

Source: TechHive

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Leavitt Communications

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its stil here

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

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

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

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Phil Leavitt

leavitt logo

7508 N. Red Ledge Drive
Paradise Valley, AZ 85253

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Facebook launches Audience Network — a mobile ad network

Justin Lafferty
Apr 30th, 2014

As rumored, Facebook officially announced Wednesday at f8 a mobile ad network — Audience Network — that takes the power of Facebook data and allows advertisers to use that outside of "the big blue app."

Sriram Krishnan, Facebook Product Manager, talked with Inside Facebook about what Audience Network can do for mobile advertisers:

The idea behind the Audience Network is now they can use all the targeting they were used to on Facebook, but now extend the reach of those campaigns to other apps, as well. For example, we've talked with Hipmunk, where Hipmunk wanted to find people who were searching on their website and show them an ad for the Hipmunk app. So they can do that using the Audience Network. Previously, we could do that only inside Facebook. For advertisers, it's just a great way for them to reach the audience they really care about and show them ads that the people want to see.

Facebook had been testing this on a limited basis previously, but now a wider range of mobile advertisers will be able to take advantage of this.

Facebook described what the Audience Network is in a blog post :

Facebook ads work because they're personal, relevant and easy to measure on both desktop and mobile. The Audience Network brings these same powerful features to additional app-based mobile experiences, giving marketers even more scale for their Facebook campaigns.

The Audience Network uses the same targeting available for Facebook ads today, including Custom Audiences, core audiences and lookalike audiences. It features the same measurement tools marketers use for their Facebook ads, too.

David Serfaty, Director of Social Advertising, Matomy Media Group is a fan of this move:

A mobile ad network places Facebook on the same playing field as Google in terms of its influence, reach and relevance to advertisers. It offers Facebook advertisers more opportunities to target consumers based on their demographic, interest or behavioral data. Facebook has already made impressive inroads with its ad-targeting capabilities. Its mobile ad network will expand those capabilities by giving advertisers the ability to reach more Facebook users more often with native in-app ad types.

Mobile app developers will be especially excited about this development. None more so than those in the games industry who have been crying out for more mobile ad inventory on Facebook for quite some time.

Andrew Foxwell, CEO of Facebook marketing firm Foxwell Digital , feels that this will succeed if it is well-adopted and if Facebook can bring the same ad experience outside of their platform:

In releasing the Facebook Audience Network, advertisers will soon be able to broadcast and utilize the powerful and precise targeting methods currently available only on Facebook, to many more channels throughout the mobile web. The reason so many online marketers have been championing Facebook mobile ads is, simply put, they work very, very well. Companies reach new customers through sophisticated means (in other words, their advertising dollars are spent exactly how they want), they sell more products with targeted ad spend, and they continue to see sustainable returns on their investment. With this track record, it only makes sense to push Facebook's successful mobile ad units out to a broader pool, right?

Yes, but the success of the Facebook Audience Network depends on two very important factors: 1) the other online mobile partners Facebook will choose to utilize and engage with, and 2) the degree to which Facebook can successfully replicate their unique advertising experience outside of their own platform for both users and advertisers. Both groups need to feel comfortable in knowing not only how (Audience Network) will actually function but also how it will improve and enrich their online experiences.

Photo by Praneendra Kuver for Inside Facebook.

Source: Inside Facebook

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Consulting Alliance

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Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects. Click here left arrow for a summary of their qualifications and experience. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

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Consulting Alliance

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Telemetry solution

Easy Application & Better Performance


NPCS Telemetry Modem


(ReFLEX 2.7.5)






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Preferred Wireless

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preferred logo

Terminals & Controllers:
5ASC1500 Parts: ATC, Memory Cards & Power Supplies    
3CNET Platinum Controllers 
2GL3100 RF Director 
1GL3000 ES — 2 Chassis
40SkyData 8466 B Receivers
1GL3000L Complete w/Spares
3Zetron 2200 Terminals
1Unipage—Many Unipage Cards & Chassis
9Zetron M66 Transmitter Controllers  
4Glenayre Universal Exciters, 1 UHF, 3 VHF
5Hot Standby Panel—2 Old Style, 3 New Style
25New and Used Cabinets & Open Racks 
38Andrews PG1N0F-0093-810 Antennas 928-944 MHz, Omni, 10dBi, 8 Degree Down-Tilt
4Andrews PG1D0F-0093-610 Antennas 928-944 MHz, Omni, 10dBi, 6 Degree Down Tilt
Link Transmitters:
1QT-5701, 35W, UHF, Link Transmitter
4Glenayre QT4201 & 6201, 25 & 100W Midband Link TX
1Glenayre QT6994, 150W, 900 MHz Link TX
3Motorola 10W, 900 MHz Link TX (C35JZB6106)
2Eagle 900 MHz Link Transmitters, 60 & 80W
8Glenayre GL C2100 Link Repeaters
2Motorola Q2630A, 30W, UHF Link TX
VHF Paging Transmitters
1Glenayre QT7505
1Glenayre QT8505
UHF Paging Transmitters:
20Glenayre UHF GLT5340, 125W, DSP Exciter
900 MHz Paging Transmitters:
2Glenayre GLT8200, 25W
15Glenayre GLT-8500 250W
3Glenayre GLT 8600, 500W
40Motorola Nucleus 900 MHz 300W CNET Transmitters


Too Much To List • Call or E-Mail

Rick McMichael
Preferred Wireless, Inc.
10658 St. Charles Rock Rd.
St. Louis, MO 63074
888-429-4171 or 314-429-3000 left arrow

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Preferred Wireless

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Critical Alert's CommonPath™ Nurse Call Platform Named Finalist in the 2014 iAwards for Connected Health

Company to present at Wireless-Life Science Association Convergence Summit

Jacksonville, Florida (April 29, 2014) — Critical Alert Systems was named one of the top 12 finalists for the 6th Annual TripleTree iAwards for Connected Health. Critical Alert's CommonPath™ nurse call platform was selected from a field of over 60 product entries from leading healthcare technology companies around the world. CommonPath was selected based on how its transformative software solutions address the most pressing needs in today's healthcare environment by enriching clinical care delivery and improving operating efficiency. As part of this recognition, Critical Alert will be a presenter at the 9th Annual Wireless-Life Sciences Alliance (WLSA) Convergence Summit in San Diego, May 14-16.

"Our CommonPath software platform represents next-generation technology that empowers hospitals to create a customized clinical communications system that improves patient care and satisfaction as well as staff effectiveness," said Critical Alert CEO Ed Meyercord. "Our unique approach of embedding native middleware into our software platform allows hospitals to have robust integrations with other networked systems without incurring the usual expense of bringing in third parties to make that happen."

The TripleTree iAwards were created to recognize exceptional companies that are demonstrating innovation via healthcare solutions that leverage mobile, wireless, social or cloud based delivery models. Applicants are evaluated on a range of criteria including the clinical, operational or consumer relevance of their solution, as well as marketplace traction, functional uniqueness, size of addressable market and international presence.

"We appreciate this recognition from the Triple Tree team," added Meyercord. "We would like to thank all of our hospital customers who drive product innovation at Critical Alert as well as our employees who make these customers their number one priority every day."

About Critical Alert Systems
Critical Alert designs and delivers the most technologically advanced, easy-to-use nurse call solutions on the market. Using native middleware, our CommonPath™ nurse call allows clinicians to enhance their workflows, lower costs, improve staff performance, and raise patient satisfaction. Our systems capture and store all events and patient interactions allowing hospitals to generate relevant and customizable reporting with real-time dashboards. Critical Alert also provides fast and reliable critical messaging for emergency medical and disaster response teams in 13 states in New England and the central southeastern U.S. More information is available at .

# # #

Karla McGowan

Source:Critical Alert Systems

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critical alert CA Partner’s Program

Providing better communications solutions to hospitals across the country — together!

For CAS, strong partnerships remain key to providing our software-based communications solutions to our customers. These solutions include:

ca dr and nurse
nurse call systemscritical messaging solutionsmobile health applications

We provide the communication, training and resources required to become a CA partner. In turn, our partners provide customers with the highest levels of local service & support. CA Partners may come from any number of business sectors, including:

  • Service Providers
  • System Integrators
  • Value Added Resellers and Distributors
  • Expert Contractors
If you would like to hear more about our CA Partners program, we’d love to hear from you.

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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.

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BloostonLaw Telecom Update Vol. 17, No. 17 April 30, 2014

Form 481 Filing Deadline on the Horizon: July 1, 2014

The FCC's Form 481 is due on July 1, 2014, and must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. It is expected that this year (like last year), filers will be required to seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment was desired. Because this entails manual filing, it can be cumbersome.

BloostonLaw is available to assist filers in all aspects of Form 481 filing procedures, including requesting confidential treatment and obtaining proof of filing.


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FCC to Consider Open Internet FNPRM, Early Comment Sought

The FCC has announced that on May 15 at the monthly Open Commission Meeting, it will consider a Notice of Proposed Rulemaking addressing the D.C. Circuit Court of Appeals' remand of the 2010 Open Internet Order (a.k.a. Net Neutrality). Despite the fact that the item has not been released, the FCC is nevertheless is encouraging the public to share their views now. Given the ever increasing role of the internet in today's communications, carriers should make the effort to get involved at every opportunity in order to help ensure their interests are protected. Carriers interested in filing comments should contact the firm ASAP.

On April 23, the Wall Street Journal , the New York Times , and other news sources reported that the NPRM (which, as noted above, has not yet been released to the public) will condone "fast lane" agreements akin to those recently signed by Netflix with Comcast and Verizon, in which the content providers' traffic receives improved transmission to end-users. If true, Chairman Wheeler may have a hard time squaring the NPRM with his earlier promises to introduce Open Internet rules that would preserve the spirit of the original rules – particularly the rule prohibiting the selective treatment of certain traffic based on content or application.

The times further reports that, under the proposed rules, broadband providers would have to disclose (i) how they treat all Internet traffic; (ii) on what terms they offer "fast lane" services; and (iii) whether they have favored their affiliated companies that provide content in assigning such faster lanes – a concern that, in the enhanced service context, ultimately resulted in the adoption of the Open Network Architecture rules for the Bell Operating Companies after their break up. Providers would also be required to act "in a commercially reasonable manner."

On April 24, FCC Chairman Wheeler posted a blog entry attempting to "set the record straight." According to his entry, the Notice "does not change the underlying goals of transparency, no blocking of lawful content, and no unreasonable discrimination among users established by the 2010 Rule." Moreover, the Chairman contends, "the Notice will propose rules that establish a high bar for what is "commercially reasonable." In his own words, the notice will propose:

  1. That all ISPs must transparently disclose to their subscribers and users all relevant information as to the policies that govern their network;
  2. That no legal content may be blocked; and
  3. That ISPs may not act in a commercially unreasonable manner to harm the Internet, including favoring the traffic from an affiliated entity.

A number of voices have already been raised in concern over the pending NPRM. Rep. Nancy Pelosi (D-Calif.) issued a statement on April 24, 2014, saying that "[p]ress accounts of the draft proposal from the FCC raise serious concerns that the Internet might soon lose the core of what it is — an open space for innovation, entrepreneurship, connection and communication. . . We must not allow broadband providers to relegate competing ideas, products, and services to slow, congested speeds." Rep. Marsha Blackburn (R-Tenn.) sent a letter to Chairman Wheeler on April 24, 2014, requesting the FCC conduct a cost benefit analysis of the upcoming NPRM on open Internet rules, as outlined in President Obama's Executive Order 13563.

Industry figureheads and the press also raise concerns about the competitive disadvantage "fast lane" agreements may create for start-up entities just beginning to offer new services

Supreme Court to Weigh Risks of Warrantless Cell Phone Searches

The U.S. Supreme Court on Tuesday heard oral arguments in two cases that ask whether the police must obtain a warrant before searching a suspect's cell phone at the time of an arrest.

The two cases, Riley v. California and Unites States v. Wurie , both have long appellate histories, and both involve situations where a person was arrested and convicted in part based on evidence that was directly or indirectly obtained through an examination of their cell phones. The question to be decided by the Court arises under the Fourth Amendment, which guarantees the right of the people to be secure against "unreasonable searches and seizures." With more than 65% of cell phone users today using smartphones, and the ability of these devices to store reams of emails, text messages, photographs, GPS data, and other sensitive personal information, the implications are profound. Under what circumstances should police be allowed to look through an arrested suspect's cell phone without a warrant, and at what point does this practice become an unreasonable search?

In the Riley case, police looked at the contents of David Leon Riley's smartphone twice after his 2009 arrest but prior to obtaining a warrant. They found photos on the device that were evidence of Riley's involvement in a gang, and the photos were deemed admissible by the trial court. Riley was subsequently convicted and given a lengthened sentence of 15 years to life based on his gang involvement. A state appeals court upheld Riley's sentence as well as the use of cell phone evidence by authorities. During oral arguments yesterday morning, Riley's lawyer emphasized a distinction between law enforcement's right to inspect physical items — like hard-copy photos in a suspect's wallet — and digital evidence. He told the justices there are "very, very profound problems with searching a smartphone without a warrant."

Justice Elena Kagan, the newest court member, seemed sympathetic to Riley's position when she observed that the government's argument would give police the ability to look at every single email that person had written, a person's bank records, their medical data, their calendar, and also look at the person's GPS data and find out every place where they had been recently, if they were pulled over for not wearing a seat belt. Justice Samuel Alito, however, seemed to take an opposing view. "What's the difference between looking at hard-copy photos in a billfold and looking at photos that are saved in the memory of a cell phone?" he asked.

In the Wurie case, the federal government is challenging a decision by the First Circuit Court of Appeals that ruled against warrantless review of the call log of a cell phone found on a person who was lawfully arrested. There, the court threw out Brima Wurie's conviction after a search of his flip phone following a street arrest in 2007 led police to his home where they discovered a variety of drugs and weapons. The Court of Appeals reasoned that a modern cell phone is more like a personal computer that can contain large amounts of highly personal information. Because searching cell phone data could be a convenient way for the police to find more information relating to the suspect's arrest or even other crimes, the Court of Appeals held that the police could not perform warrantless searches of cell phones unless specific exigent circumstances existed, such as destruction of evidence or a bomb threat.

At oral argument , the Deputy Solicitor General emphasized how law enforcement's review of a ringing phone to ascertain the number of a caller identified as "my house" was a reasonable way to ascertain the identity of the offender.

The government wants the Supreme Court to expand the scope of its "search-incident-to-arrest" doctrine, arguing that a person arrested has no "reasonable expectation of privacy" in his cell phone and, therefore, that the government need not be required to obtain a warrant based on probable cause before conducting a search of the cell phone for evidence of the commission of some crime. Civil liberties groups believe there must be safeguards to ensure that the search-incident-to-arrest doctrine does not allow the police to rummage through our most personal effects without constraint and without a warrant. An amicus brief filed by the ACLU argues that in addition to Fourth Amendment interests, important First Amendment protections are at stake. "Cell phones not only provide a means for expression," wrote the ACLU, "they contain substantial information about our constitutionally protected associations."

Under what is known as the Robinson rule, Courts currently allow law enforcement to do warrantless searches when a person is arrested. For example, if someone is pulled over and authorities have probable cause, they might check the car. This is often justified as a way to ensure police safety and avoid the destruction of evidence. However, law enforcement and prosecutors fear that if they must wait for a warrant to inspect a cell phone, a criminal might have the ability to remotely destroy evidence, or to use the device as a weapon ( e.g., for remote detonation of a bomb).
The Supreme Court's rulings in these cases will help shape the contours of the Fourth Amendment's protections against unreasonable searches and seizures in light of new technologies. A decision by the Court is expected in June.

Results For Connect America Cost Model Released

The Wireline Competition Bureau (WCB) has released results for the adopted Connect America Cost Model (CAM v4.1.1) and a list of census blocks that would be eligible for model-based support. (WC Docket No. 10-90) The results for the model are available here . The WCB notes, however, that final figures may change, "depending on the upcoming challenge process and any adjustments that may be made to the budget stemming from updated projections regarding Connect America Fund — Intercarrier Compensation support."

Notably, the results for the model include a list of census blocks that will be eligible for funding under CAM v. 4.1.1. Clients are encouraged to review the lists of census blocks, whether they intend to seek support or challenge others seeking support in their currently-served areas.

The WCB states that the CAM is available at or . The WCB states that to access the model, "parties must execute the relevant acknowledgement of confidentiality, licensing, and nondisclosure documents released as attachments to a Third Supplemental Protective Order."

Law & Regulation

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FCC Announces Tentative Agenda for May Open Meeting

On April 24, the FCC issued a News Release announcing the following items for the tentative agenda for the May 15 Open meeting:

Incentive Auction : a Report and Order that adopts key policies and rules for the broadcast television spectrum incentive auction, laying the groundwork for an unprecedented, market-driven process for repurposing spectrum for mobile broadband use, and promoting competition and innovation.

Mobile Spectrum Holdings: The Commission will consider a Report and Order that modifies the Commission's policies and adopts rules regarding the aggregation of spectrum for mobile wireless services through initial licensing and secondary market transactions to preserve and promote competition. This order will play a key role in defining the ability of potential bidders to seek certain licenses in the upcoming AWS-3 and 600 MHz auctions.

Wireless Microphones: The Commission will consider a Report and Order that provides a limited expansion to the class of wireless microphone users eligible for a license.

Protecting and Promoting the Open Internet: The Commission will consider a Notice of Proposed Rulemaking addressing the D.C. Circuit Court of Appeals' remand of portions of the Commission's 2010 Open Internet Order and proposing enforceable rules to protect and promote the open Internet.

The Open Meeting is scheduled to commence at 10:30 a.m. in Room TW-C305, at 445 12th Street, S.W., Washington, D.C., and will be shown live at

Energy & Commerce Committee Announces Hearing with FCC Chairman

On April 28, the House Subcommittee on Communications and Technology, chaired by Rep. Greg Walden (R-OR), announced that it will have a hearing to conduct oversight of the Federal Communications Commission on Tuesday, May 20, 2014. According to the announcement, FCC Chairman Tom Wheeler will be the sole witness.

"I am pleased that Chairman Wheeler will join us in May," said Rep. Walden in a statement on the hearing. "This will be our first opportunity to directly discuss issues important to our technology economy, including recent proposals regarding the incentive auctions, the latest iteration of the administration's ill advised net neutrality policies, and the broadcast joint sharing agreements and media ownership proceedings at the commission. Process reform also remains a top priority for the committee, and we look forward to discussing this with the chairman."

Walden continued, "We also welcome the opportunity to find areas of common ground as we work toward updating the Communications Act. We look forward to what will surely be a thorough and spirited discussion with Chairman Wheeler."

FCC Proposes $89,200 Fine Against Licensee for Lack of Cooperation

On April 28, 2014, the FCC issued a Notice of Apparent Liability for Forfeiture (NALF) against the licensee of a Philadelphia Television Station for alleged violations of three rule sections. The licensee, D.T.V., LLC, is alleged to have: 1) refused, on two separate occasions, to allow Enforcement Bureau agents from the FCC's Philadelphia Office to conduct unannounced inspections of its facilities; 2) failed to maintain a fully-staffed main studio during normal business hours, as required by the broadcast rules; and 3) failed to operate the station in accordance with the terms of the station's authorization (i.e., it operated from an unauthorized location). This action underscores the need for all licensees (including CMRS and private radio license holders) to cooperate fully with FCC personnel, and to operate their facilities with the expectation that at any time they may come under scrutiny.

According to the NALF, at approximately 11:20 a.m. on August 17, 2011, the FCC agents attempted to inspect the station's main studio, but found it inaccessible because there was a locked gate across the driveway which led to the building. The agents spoke by telephone with the Station Manager and requested access to the main studio to conduct an inspection. After about ten minutes, the Station Manager appeared at the gate and told the agent's he was leaving for a doctor's appointment and asked them to come back the next day to conduct the inspection. In response to questions about staffing at the main studio, the Station Manager reported that no one else was available at the main studio to facilitate an inspection. The FCC agents advised the Station Manager that the main studio needed to be accessible to the general public during normal business hours in accordance with FCC requirements. Nevertheless, the Station Manager refused to permit the inspection, and the agents left without agreeing to return the next day.

After leaving the main studio location, the agents attempted to contact the sole owner of the station. The agents left a voicemail reciting what had happened, but the owner did not return the call. A voicemail also was left at the station's main studio. The Station Manager returned the call, and said he was still at the doctor's office. The agent told the Station Manager that, based on the number appearing on the caller ID, he appeared to be calling from the main studio. The Station Manager replied that the station used his personal cellular number as the station's main studio number.

On the morning of September 30, 2011, the agents returned to conduct an inspection but were prevented from doing so by the locked gate. The Station Manager exited the main building, stood at the gate, asked the agents to wait and presumably returned inside. After waiting ten minutes, the agents left. The agents returned later that afternoon, spoke to the Station Manager by phone, and reminded him that the main studio must be made available for inspection, and that the locked gate prevented access. The Station Manager stated that the gate had to remain locked for security reasons, and that the public must contact the station to obtain access. The agents noted that no information was posted at the gate to inform the public how to obtain access. Later that day, the agents unsuccessfully attempted to contact the station's owner.

On March 6, 2012, an agent visited the site and determined that the station was operating from an unauthorized location. The authorized location was 0.203 miles away. The licensee had no transmitting equipment at the authorized location.

In proposing the forfeiture, the FCC described the licensee's conduct as "simply unacceptable;" and noted that the licensee and its sole owner are "experienced broadcasters and own numerous broadcast stations, including multiple Class A Television facilities across the country." The FCC further noted that no prior case has "involved, repeated, direct, in-person refusals of access by the highest levels of a broadcast station's management, as well as multiple failures by the licensee's sole principal to return FCC agent calls concerning the refusals. Here, by contrast, [the licensee's] actions exhibited a blatant disregard of and contempt for the Commission's authority."

FCC Proposes $48,000 Fine for Jamming Cellphone Calls during Daily Commute

On April 29, 2014, the FCC released a Notice of Apparent Liability for Forfeiture proposing a $48,000 fine against a Florida man who allegedly jammed consumer cell phone service from his car for nearly two years and interfered with first-responder communications. The NALF alleges that Jason R. Humphreys of Seffner, Florida interfered with these services while commuting along a section of Interstate 4 in Florida. In taking this enforcement action, the Commission noted that Mr. Humphreys' jammer operation "could and may have had disastrous consequences by precluding the use of cell phones to reach life-saving 9-1-1 services provided by police, ambulance, and fire departments."

FCC Enforcement Bureau agents identified Mr. Humphreys as the source of the interference by using interference detection techniques. They then worked closely with the Hillsborough County Sheriff's Office, which stopped Mr. Humphreys' vehicle while he was apparently operating the jammer and seized the illegal jamming device. According to deputies from the Sheriff's Office, communications with police dispatch were interrupted as they approached Mr. Humphreys' vehicle.

Mr. Humphries admitted to the Sheriff's Deputies that he had operated a cell phone jammer from his car for the past 16 to 24 months. He told them that he had been operating the jammer to prevent people from talking on their cell phones while driving. The FCC has proposed a $48,000 monetary forfeiture because of the seriousness and duration of the alleged offense.

Signal jamming devices or "jammers" are radio frequency transmitters that intentionally block, jam, or interfere with authorized communications, such as cellphone calls, GPS systems, Wi-Fi networks, and first-responder communications. It is a violation of federal law to market, sell, import, or use a signal jammer in the United States and its territories, except in very limited circumstances involving federal law enforcement. While these devices have been marketed and sold with increasing frequency over the Internet, their use by U.S. consumers is illegal under any circumstances. Unlawful use of signal jammers could result not only in substantial monetary fines, but also imprisonment.


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Amazon's Upcoming Smart Phone to Feature 3D, "Prime Data" Mobile Broadband through AT&T

Tech news outlet GigaOm is reporting that, according to recently leaked information,'s upcoming smartphone could be an AT&T exclusive and come with a feature called "Prime Data."

The phone itself, which will be officially announced in June and is expected to debut sometime in September, will apparently feature "four low-power infrared cameras on the face of the device that track the position of the user's head in relation to the phone's display," reports BGR . This reportedly allows Amazon's software to make constant adjustments to the positioning of on-screen elements, altering the perspective of visuals on the screen. The result is a 3D experience without the 3D glasses. One application for such technology, as noted in the article, is the ability for customers to see three-dimensional product images when browsing Amazon's digital market.

While further information on "Prime Data" is not available, it seems likely the service will allow device users to stream Amazon's Prime video service without using up their monthly data plan kilobytes. Recently, carriers have been experimenting with so-called "Sponsored Data Plans," under which content providers shoulder some or all of the bandwidth costs generated by their services. For example, ESPN and AT&T briefly discussed such an arrangement under which ESPN content would not count toward AT&T customers' data caps.

AT&T To Launch 4G-Based In-Flight Wi-Fi

Telecompetitor is reporting that AT&T plans to launch high-speed 4G LTE-based Wi-Fi services for in-flight connectivity for airlines and their passengers. According to the report the service, which is planned to be available in late 2015, will not only provide "onboard entertainment" for passengers but also airline cockpit communications, maintenance operations, and crew services. The service will reportedly be delivered by a new air-to-ground network based on global 4G LTE standards putting to use spectrum already owned by AT&T.

Netflix Strikes Deal with Verizon

Despite its vocal displeasure at the recent deal inked with Comcast, multiple news sources (including the Wall Street Journal and USA Today ) are reporting that Netflix has reached a similar deal with Verizon to improve the speed of its streaming content to its customers on that network. "We have reached an interconnect arrangement with Verizon that we hope will improve performance for our joint customers over the coming months," said Netflix spokesman Joris Evers.

Verizon, like Comcast, was a long-time hold-out on Netflix's Open Connect program, which allows internet service providers (ISPs) to connect directly with Netflix content at common Internet exchanges or even allows Netflix to install its own servers within the ISPs' networks to improve customer streaming quality. Ars Technica reports that AT&T is another big provider that's still demanding payment, and that Netflix subscribers on AT&T's network continue to receive poor performance.

In light of reports on what will likely be in the FCC's Open Internet FNPRM later this month, deals such as these may quickly become the norm.

Calendar At-A-Glance

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Apr. 23 – Reply comments are due on Extension of Freeze of Separations Category Relationships and Cost Allocation Factors.
Apr. 25 – Comments are due on Grain Management, LLC Petition for Clarification.


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May 1 – FCC Form 499-Q, Telecommunications Reporting Worksheet is due.
May 9 – Reply comments are due on Grain Management, LLC Petition for Clarification.
May 29 – Comments are due on the short form Tariff Review Plans.
May 31 – FCC Form 395, Employment Report, is due.


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Jun. 16 – ILEC Tariff filings made on 15 days' notice are due.
Jun. 23 – Petitions to suspend or reject tariff filings made on 15 days' notice are due.
Jun. 24 – ILEC tariff filings made on 7 days' notice are due.
Jun. 26 – Replies to petitions to suspend or reject tariff filings made on 15 days' notice are due.
Jun. 26 – Petitions to suspend or reject tariff filings made on 7 days' notice are due.
Jun. 27 – Replies to petitions to suspend or reject tariff filings made on 7 days' notice are due.


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Jul. 1 – FCC Form 481 (Carrier Annual Reporting Data Collection Form) is due.
Jul. 1 – Mobility Fund Phase I Auction Winner Annual Report is due.
Jul. 31 – FCC Form 507 (Universal Service Quarterly Line Count Update) is due.
Jul. 31 – Carrier Identification Code (CIC) Report is due.

BloostonLaw Private Users Update Vol. 15, No. 4 April 2014

FCC Adopts Proposal to Allocate 150 MHz of Spectrum to "Citizens Broadband Radio Service"

The Federal Communications Commission has set forth its proposal to provide more spectrum for general consumer use, carrier-grade small cell deployments, fixed wireless broadband services, and other innovative uses, through the creation of a new Citizens Broadband Radio Service. The Commission is proposing rules for the Citizens Broadband Radio Service in a Further Notice of Proposed Rulemaking (FNPRM) (FCC 14-49) that advances the Commission's efforts to meet the growing demand for spectrum by proposing to make 150 megahertz available in the 3.5 GHz Band. Comments will be due 40 days following publication in the Federal Register and Reply Comments 60 days after publication in the Federal Register.

The FCC's proposals for the 3550-3650 MHz band (3.5 GHz Band) focus on two components of the Commission's ongoing efforts to address wireless coverage and capacity issues — small cells and spectrum sharing — both of which were discussed in a report issued by the President's Council of Advisors on Science and Technology (PCAST). Under the FNPRM, the FCC has proposed to establish a new Part 96, which will govern the new Citizens Broadband Radio Service. The FNPRM proposes innovative spectrum sharing techniques to unlock the value of the spectrum between 3550 MHz and 3650 MHz, and seeks comment on extending the proposed service to the 3700 MHz band. Specifically, the FNPRM proposes a three-tiered access and sharing model comprised of federal and non-federal incumbents, priority access licensees, and general authorized access users. This approach is conceptually similar to, but more advanced than the databases used to manage Television White Spaces (TVWS) devices. Together, the proposals seek to promote flexibility and innovation by leveraging advancements in technology to facilitate sharing between different users and uses, including incumbent government uses.

Federal and non-federal incumbents would be protected from harmful interference from Citizens Broadband Radio Service users. Targeted priority access licenses would be made available for a variety of uses, including mobile broadband. General authorized access use would be permitted in a reserved amount of spectrum and on an opportunistic basis for a variety of consumer or business-oriented purposes, including advanced home wireless networking.

Access and operation within the 3.5 GHz band would be managed by a spectrum access system, a dynamic database or databases that incorporates technical and functional requirements necessary to manage access and operations across the three tiers. In addition, the FNPRM seeks comment on technical, auction, and allocation rules.

The new rules would allow licensing for a "Contained Access Facility (CAF)", which will be an indoor or otherwise physically contained location used for the express purpose of performing "core mission operations". This may help make spectrum available for mining operations or test bed facilities that involve contained circumstances.

The FCC proposes to define each Priority Access License (PAL) as an authorization to use for one-year a 10 megahertz channel in a single census tract. PALs would be open to any prospective licensee that meets basic FCC qualifications and mutually exclusive applications for PALs would be subject to competitive bidding. Proposed Rule Section 96.5 defined eligibility for a PAL as follows: "Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to be a Priority Access Licensee or General Authorized Access User under this part, except as set forth in section 96.35." Section 96.35 deals with Contained Access Facilities, discussed above. Thus, it appears that any entity that is not a felon or in violation of the Communications Act's restrictions on foreign ownership may be eligible to get a PAL.

FirstNet Seeks Replacement as General Manager Resigns

Bill D'Agostino, the general manager of First Responder Network Authority (FirstNet), is stepping down from the position for "personal and family reasons," according to a press release by the FirstNet board. Mr. D'Agostino's resignation comes just shy of his one-year anniversary in his capacity as general manager. Deputy General Manager T.J. Kennedy is taking over during the interim period while a replacement is sought. Certain trade press sources point out that Mr. D'Agostino's resignation comes as FirstNet is addressing concerns about potential conflicts of interest (as the board includes representatives of private sector carriers and equipment vendors as well as public safety personnel); and some predict that his departure will make a swift deployment of the national public safety broadband network more difficult.

FirstNet is an independent entity within the U.S. Department of Commerce, National Telecommunications and Information Administration charged by Congress to design and build a high-speed broadband network in the 700 MHz band that is free of the interoperability limitations that affect first responders across the country, and enables the transmission of a broader array of media than just voice traffic, such as documents, images and video.

"I have been honored to lead FirstNet's management efforts over the past year, and believe the organization is now well positioned to enter the next stage of its development," said D'Agostino said in a prepared statement. "Although I will no longer be part of the mission, I will remain an ardent supporter and look forward to its future successes."

"FirstNet has assembled an excellent management team to lead this organization as we continue to develop plans for the nationwide public safety broadband network." said Board Vice Chairman Sue Swenson. "The FirstNet Board will now begin a search to hire someone to lead the team — someone with the right blend of experience along with the management and leadership skills to carry out FirstNet's vision."

FCC and DoJ Seize Equipment from New York City Pirate Radio Stations

On April 14, 2014, the United States Attorney's Office for the Southern District of New York issued a Press Release announcing the seizure of radio equipment from pirate radio stations in New York City.

Under the Communications Act, it is unlawful to operate radio broadcasting equipment above certain low-intensity thresholds without obtaining a license from the FCC. Where persons are operating without a license, the Communications Act permits the seizure and forfeiture of any equipment used with willful and knowing intent to broadcast without an FCC license. While equipment seizures generally occur in the operation of pirate radio stations broadcasting on FM broadcast frequencies, they can also occur in the context of unlicensed operation of land mobile stations. Here, the Press Release stated that two complaints sought the forfeiture of radio transmission and production equipment allegedly used in the illegal broadcast of pirate radio stations on a total of four different FM broadcast frequencies.

Specifically, FCC agents identified a commercial space at 80-84 West 181st Street in the Bronx as the production studio for "Rika FM," which illegally broadcasts its programming on 94.5 and 94.9 MHz. FCC agents also identified a residence at 1370 St. Nicholas Avenue in Manhattan as the location of the radio transmission equipment by means of which "Rika FM" was illegally broadcast.

On April 2, FCC agents and Deputy U.S. Marshals, pursuant to warrants, seized the radio transmission and production equipment identified in the two complaints. FCC Acting Enforcement Bureau Chief Travis LeBlanc said: "As alleged, these pirate radio stations were for-profit businesses that broke the law to line their own pockets while disrupting legitimate broadcasters. They should be out of business and off the air."

FCC Imposes $20K Fine Against PLMRS Licensee for Failing to Renew License

The FCC has imposed a penalty of $20,000 against Emigrant Storage LLC (Emigrant), former licensee of Conventional Industrial/Business Pool Service station WPKM212 at Reno, Nevada for operating the station without authority for more than nine years, because Emigrant had failed to timely renew the license. In this case, because Emigrant failed to renew its license, the spectrum authorized under its now expired license has been assigned to another licensee. As a result, by continuing to operate its station, Emigrant actually caused harmful interference to an authorized user of the spectrum. In rejecting Emigrant's request to reduce the fine, the FCC focused on the significant length of time that the station had operated after Emigrant inadvertently allowed the license to lapse.

In order to avoid an inadvertent license expiration (which can involve a loss of operating rights and a fine), it is important to closely track all license renewal deadlines. In this regard, BloostonLaw offers a retainer service to track these and other types of regulatory deadlines and to prepare and file the necessary license renewal applications for participating clients.

FCC Seeks Comment on LMCC Petition for Rule Making Regarding 800 MHz Expansion Band and Guard Band Frequencies

On March 27, 2014, the Land Mobile Communications Council (LMCC) filed a petition for rulemaking requesting that the Commission amend its rules governing the eligibility for frequencies in the 800 MHz expansion band and guard band. Under the LMCC proposal, the FCC would establish a six-month period for incumbent 800 MHz licensees within a particular geographic market to apply for expansion band and guard band frequencies before those channels are made available to applicants for new 800 MHz systems. Comments will be due May 27, 2014 and Reply Comments will be due June 11, 2014.

As part of the 800 MHz rebanding process to resolve interference between commercial and public safety systems, the FCC established the expansion band at 815-816/860-861 MHz and the Guard Band at 816-817/861-862 MHz in order to provide a spectrum barrier between commercial licensees operating in the enhanced SMR band above the 817/862 MHz band and the public safety licensees operating below 815/860 MHz. Under the FCC's current process, the expansion band and guard band channels become available for licensing once the FCC has announced that the required level of clearing has been achieved in a particular National Public Safety Planning Advisory Committee (NPSPAC) region.

LMCC, which is made up of the various frequency advisory committees, has stated that additional 800 MHz spectrum for incumbent 800 MHz systems is scarce and urgently needed. By providing a limited opportunity for expansion of incumbent systems, LMCC believes that the public interest would be served — especially since incumbent licensees had to undergo the "disruptive" re-banding process without receiving any economic benefit. Additionally, LMCC asserts that use of the expansion band and guard band frequencies in the manner that it has proposed would promote spectrum efficiency.

In seeking comment in this proceeding, the FCC is requesting that commenters address whether the public interest would be served by allowing incumbent 800 MHz licensees temporary priority to apply for expansion band and guard band frequencies over the current licensing scheme that gives priority first to public safety, followed by critical infrastructure and then after five years, to industrial users. Additionally, the FCC is seeking comment as to whether the six-month period proposed by LMCC is the appropriate time period, and whether any limits should be imposed in order to ensure that expansion band and guard band spectrum is available for new systems. Finally, the FCC has asked whether it should defer declaring rebanding to be complete in additional NPSPAC regions pending the resolution of the LMCC petition for rulemaking. Comments are due May 27, 2014 and Reply Comments are due June 11, 2014.

Freeport-McMoran Obtains Rule Waiver to Exceed HAAT Limit in 217-220 MHz Band

The FCC has granted the request of Freeport-McMoran Chino Mines for a waiver of the FCC's Rules, in order to operate a telemetry system on a secondary basis at its mining facilities in Grant, County, New Mexico. The system will monitor meteorological stations that are designed to detect storms, lightning and water pressure in tailings that will detect failures in dams. Freeport-McMoran stated that these systems are necessary to protect its personnel and the public in and around its mines.

The FCC noted that a rule waiver was necessary because the proposed locations are generally higher than the surrounding remote desert terrain, resulting in a height above average terrain (HAAT) of more than 152 meters (500 feet). Thomas Kurian, the geographic market area licensee for the channels to be used under waiver, protested the Freeport-McMoran application — claiming that his market area could receive harmful interference. Mr. Kurian did not indicate whether there were any current or proposed AMTS operations in the vicinity of Freeport-McMoran's proposed operations. Nonetheless, Freeport-McMoran amended its application to reduce the requested power and clarify that it would use down-tilt directional antennas, thereby reducing the proposed coverage area.

In granting Freeport-McMoran's waiver request, the FCC noted that the HAAT restriction was designed to limit interference from secondary telemetry operations to primary operations such as Mr. Kurian's AMTS facilities. In this regard, the FCC noted that Freeport-McMoran had met the waiver standard and that by modifying its proposal to reduce power and utilize down-tilt antennae, its proposed facilities would essentially operate in a manner similar to stations that would meet the EPR/HAAT requirements of the FCC's Rules. As a result, the FCC determined that Freeport-McMoran's proposal met the intent of the height/power restriction and that enforcing the HAAT restriction was unnecessary.

FCC Denies Extension Request to Construct by Port Authority of New York and New Jersey

The FCC has denied a request for further extension of time to construct a land mobile radio-location radio service facility filed by the Port Authority of New York and New Jersey. In denying the extension request, the FCC noted that the Port Authority filed its request twenty-five days after the construction period had lapsed; at that point, the license had automatically terminated due to a failure to construct within the one-year construction period for licenses authorized under Part 90 of the FCC's Rules.

The FCC's Rules permit a licensee to request an extension of the construction period if it can be demonstrated that the failure to construct is "due to an involuntary loss of its site or other causes beyond its control." Additionally, the request must be filed before the expiration of the construction period. If the extension request is late-filed, then the licensee must demonstrate either: (a) that the underlying purpose of the FCC's rule would be frustrated and that the grant would be in the public interest or (b) that unique or unusual factual circumstances exist that would make the application of the rule inequitable.

In the case of the Port Authority, the justification for the delay was an administrative "oversight" resulting from personnel changes and equipment issues. In denying the waiver request, the FCC explained that administrative oversights or errors do not provide adequate justification to grant a rule waiver request. In that regard, the FCC explained that the licensee is solely responsible for complying with its construction requirements and inattention to the FCC's rules does not provide a compelling justification for a rule waiver, especially where the FCC has repeatedly emphasized that licensees must file their extension requests on a timely basis and has dismissed other late-filed requests.

Acumen Communications Fined for Unlicensed Operations Again

The FCC has proposed another fine against Acumen Communications (Acumen) for operating on an unlicensed frequency pair. The matter came to the FCC's attention as a result of a complaint. In inspecting the facilities operated by Acumen, the FCC determined that Acumen had erroneously programmed the frequency 152.405/157.665 MHz into its transmitter.

Under the FCC's Forfeiture Policy Statement, the base amount for operation on an unauthorized frequency is $4,000. However, because a frequency pair was involved, the FCC based the proposed fine on the operation of two unauthorized frequencies, so that the base amount rose to $8,000. The FCC noted that Acumen was a previous offender, having previously operated another of its stations on an unauthorized frequency. As a result, the FCC has proposed to increase the proposed fine to $10,000.

Maricopa County Extension Request Denied – Stringent Conditions Imposed

In connection with the 800 MHz rebanding efforts currently on-going in the US-Mexico border region, the FCC has taken the following actions related to the rebanding efforts involving Maricopa County, Arizona: (a) denial of Sprint's late-filed opposition to the County's request for additional time until October 30, 2014, (b) denial of Maricopa County's request for extension of time, and (c) imposition of strict reporting requirements on Maricopa County.

On March 10, 2014, the County requested a further extension of time within which to submit its cost estimate to the 800 MHz Transition Administrator (800 MHz TA). Any responsive pleading from Sprint was due no later than March 20, 2014. Sprint filed its opposition to the County's Request on April 4, 2014 — 15 days after the due date. While its late-filed opposition included a request for waiver, the FCC stated that Sprint failed to ex- plain why it could not file sooner. Additionally, the FCC found that Sprint's explanation of unique circumstances was insufficient to overcome the Commission's policy of not routinely granting extension requests.

Upon review of the County's underlying extension request, the FCC determined that the County had not justified a further extension to provide the rebanding cost information until October 30, 2014. In reaching this conclusion, the FCC noted that the County's extension request did not provide an explanation of the reasons for the delay in concluding its contract with Motorola, or provide any evidence that it had attempted to accelerate the process. Additionally, there was no documentation from the County's vendor to support its assertion. As an aside, the FCC noted that the County had recently signed a contract with the same vendor to upgrade its existing 800 MHz public safety radio system.

While the FCC did not grant the County's request, it did give the County until July 14, 2014 to file its cost estimate with the 800 MHz TA. In order to ensure that Maricopa County and its vendor work diligently, the FCC imposed the following conditions:

  • The County must provide a report each business day to the 800 MHz TA on the status of contract negotiations with its proposed vendor;
  • The County must report weekly to the 800 MHz TA on the status of its development of a Statement of Work from its proposed vendor;
  • Upon receipt of the Statement of Work from its vendor, the County will have 15 working days to incorporate its internal costs and submit the cost estimate to Sprint and the 800 MHz TA; and
  • In the event that the cost estimate is not submitted by July 14, 2014, the County must file a "competent" request for extension of time supported by declarations under penalty of perjury as to all facts alleged in the request, including a detailed description of why the cost estimate was not filed.

FCC Rebukes Local Governmental For Inaccurate Statement

In connection with a request for further extension of time to provide a cost estimate to Sprint and the 800 MHz Transition Administrator (800 MHz TA), the FCC rebuked a west coast local governmental entity for not being forthright in its request. In particular, the FCC took issue with governmental entity's description as to when its Planning Funding Agreement (PFA) with Motorola had been approved and executed. In its second request, the governmental entity stated that board approval had "just recently" been received, when its initial extension request indicated that the PFA had been approved sixty days prior, at the "end of January." In reviewing the second extension request, the FCC did not treat this as a mere misstatement or clerical error. Rather, the FCC rebuked the governmental entity for conduct that "stray[ed] uncomfortably close to misrepresentation."

It is critically important that statements made to the FCC be factually accurate. A finding that a party has engaged in a misrepresentation or a lack of candor can have dire consequences beyond the matter before the FCC. Such a finding goes directly to a licensee's character and qualifications to hold an FCC license. If the FCC were to make the finding that a party lacked candor or engaged in misrepresentations to the FCC, it could impose sanctions, including fines and the issuance of an order to show cause why the existing licenses should not be revoked for failure to meet basic licensee qualifications. While we believe that the FCC would be hard-pressed to find a state or local governmental entity unqualified to hold an FCC license, the fact that the FCC explicitly stated that the local governmental entity had come uncomfortably close to engaging in a misrepresentation before the Commission should be viewed as a warning shot to everyone that the FCC will carefully parse any representations made to it.

FCC Denies Signal Booster Manufacturer Request for Determination of Equivalent Protection

In response to the recent signal booster order, ClearRF requested a determination that its wide-band, direct connect consumer signal booster provides protection equivalent to the National Protection Standard, even though it does not comply with the Part 20 requirements for Bidirectional Capability or Booster Gain Limits.

ClearRF's request was opposed by both CTIA and Verizon Wireless. The FCC noted that ClearRF failed to demonstrate that its wide-band, direct-connect Consumer Signal Booster provided equivalent protection. In this regard, the FCC noted that ClearRF did not provide any technical specificity regarding its product, including the bands of operation, air interfaces that would be supported or the types of machine-to-machine (M2M) devices that could be connected to the ClearRF booster. Additionally, the ClearRF request lacked any technical analysis or test data.

The FCC noted that the Booster Gain Limits and the Bidirectional Capability requirements were included in the FCC's Rules in order to minimize the potential for certain types of interference to wireless networks, and that ClearRF's request did not explain how it would ensure protection from interference to wireless networks.

While the FCC denied ClearRF's request, it also took the opportunity to remind manufacturers that prior to operation of any Consumer Signal Booster, the subscriber must have the consent of the wireless provider and must register the booster with their provider. Additionally, the FCC cautioned that while several wireless providers have voluntarily committed to allowing subscribers to use Consumer Signal Boosters that meet the NPS requirements, there is no certainty that these commitments would apply to signal boosters that had received a determination of equivalent protection. Thus, it would be wise for manufacturers to work with the wireless carriers when seeking a determination of equivalent protection, in order to ensure that those devices are safe for the wireless network.

700 MHz Narrowband State Licensees 5-Year Interim Substantial Service Benchmark Showing Due June 13, 2014 – FCC Provides Guidance

The FCC has released a Public Notice to clarify the substantial service requirement for licensees of state channels in the 700 MHz narrowband spectrum (769-775/799-805 MHz). Under the FCC's Rules, licensees must provide substantial service to one-third of their population or territory.

As part of its filing, each State Licensee must certify that it is providing or is prepared to provide substantial service to one-third of its population or territory. In this regard, the FCC has defined substantial service as "the construction and operation of facilities on state channels which is 'sound, favorable, and substantially above the level of mediocre service which just might minimally warrant renewal'." The FCC has stated that a State Licensee will be deemed "prepared" to provide substantial service if it certifies that a radio system has been approved and funded by the deadline date.

State Licensees that do not meet the 5-year Interim Substantial Service bench-mark, either because they failed to construct or receive funding for any facilities by the June 13, 2014 deadline, will be subject to license cancellation or modification. Any spectrum that is recovered by the FCC will revert to general use subject to the requirements of the regional planning committee.

FCC Denies Waiver Request to Use Federal Frequency to Protect First Responders

The FCC has denied the request of Skagit County Fire Protection District in Washington State to use the frequency 170.150 MHz, which is allocated for Federal government use. In requesting this frequency, Skagit County noted that it has a variety of terrain challenges that adversely affect public safety communications. As a result, the County believes that a communications system based upon a low power vehicular repeater model is the most reasonable and cost-effective solution to overcome these challenges and ensure the safety of its first responders.

In order to operate a repeater system, Skagit County stated that it must have 2 MHz separate between its repeater and mobile frequencies and there is not sufficient public safety spectrum to meet its needs, due to its proximity to British Columbia and the Canadian border.

The frequency 170.150 MHz is allocated for fixed and mobile services on a primary basis for Federal users. Non-federal uses are permitted for non-Federal public safety uses only within a 150 mile radius of New York City.

The National Telecommunications and Information Administration (NTIA), which is responsible to administration of spectrum allocated for use by Federal users, objected to Skagit County's waiver request, since the County proposes to operate the vehicular repeater system over a large geographic area. NTIA believes that this wide-area system would make coordination with federal operations difficult, if not impossible. As a result, NTIA took the position that "[n]on-federal and federal public safety services should not routinely be placed at risk by creating potential conflicts with each other's operations."

The FCC noted that Skagit County has the alternative to apply for any non-Federal Part 90 frequency in the VHF band, and to seek a waiver of applicable technical rules if necessary. Additionally, because of NTIA's opposition, the FCC concluded that the public interest would not be served due to the potential for interference to Federal operations.

FCC Denies Waivers to Assign 800 MHz Expansion Band Licenses

Phyllis Wilson and Robert Wilson filed applications requesting FCC consent to the assignment of two licenses in the 800 MHz expansion band. The applications included requests for waiver of the FCC's Rules, which prohibit the assignment of unconstructed 800 MHz facilities to other entities, except where there is no substantial change in ownership or control or the assignment or transfer of control is involuntary due to the insolvency, bankruptcy, incapacity or death of the transferor or licensee. The underlying purpose of this rule is to prevent spectrum warehousing and trafficking in site-specific licenses.

Phyllis Wilson's waiver request is based upon the FCC's grant of her license later than anticipated and her inability to construct her station due to the passage of time since here investment had been made four years prior. The FCC concluded that the timing of its actions, which affected all licensees equally, did not entitle Ms. Wilson to special relief merely because they did not match her business plan.

Robert Wilson sought relief on the basis that he acquired the license upon the death of his brother. While the FCC's rules permitted the assignment of license from his brother's estate even though the license had not yet been constructed, the FCC concluded that there was not sufficient justification to permit a subsequent assignment of the unconstructed license since Mr. Wilson was no differently situated from any other licensee who acquired an unconstructed 800 MHz license by way of involuntary assignment of license upon the licensee's death. As a result, the FCC concluded that there were no special circumstances to justify the grant of a rule waiver to permit the assignment of license to another party.

Because the FCC denied both waiver requests, the license assignment applications were dismissed.

FCC Proposes Amendments to Maritime Radio Service Rules

As BloostonLaw reported last month, the FCC released a Notice of Proposed Rulemaking (NPRM) in which it proposed to update rules that apply to the maritime radio services. Now that the NPRM has been published in the Federal Register, Comments will be due June 2, 2014. Reply Comments will be due June 30, 2014.

The FCC's proposed rule updates will impact technologies that are used to locate and rescue distressed ships and individuals while at sea or on land and will provide first responders with more accurate data. Additionally, the FCC is also proposing to permit the assignment and/or transfer of control of ship stations, consistent with actions that it has taken in other services.

In the NPRM, the FCC is seeking comment on the amendment to Part 80 and Part 95 of its rules to:

  1. Require emergency position indicating radio beacons (EPIRBs) to be capable of broadcasting data when activated, in order to improve the ability of rescuers to locate distressed ships
  2. Update equipment standards for Personal Locator Beacons (PLBs) to ensure that PLBs meet updated functional and technical parameters
  3. Authorize equipment certification and use of Satellite Emergency Notification Devices (SENDs) that comply with RTCM standards, providing for use of additional technologies for safety of life and rescue scenarios
  4. Permit equipment certification and use of Maritime Survivor Locating Devices (MSLDs) that comply with RTCM standards
  5. Provide for equipment certification and use of Automatic Identification System Search and Rescue Transmitters (AIS-SARTs) that comply with international standards
  6. Clarify rules regarding radar equipment
  7. Permit use of portable marine VHR radio transmitters on by persons on shore
  8. Allow the assignment or transfer of control of ship station licenses.

Clients who are interested in filing comments in this proceeding should contact our office.

FCC Seeks Comment on Fax Advertisement Opt-out Petitions

Of interest to our clients that use faxes to communicate with customers and/or the public: The FCC announced that it has received three requests for declaratory ruling and/or waiver requests concerning the FCC's requirement that fax advertisements sent to a consumer who has previously provided an express invitation or permission to include an opt-out notice. Comments on the Petitions are due May 9, 2014 and Reply Comments are due May 16, 2014.

The petitioners are seeking a declaratory ruling in order to clarify that Rule Section 64.1200(a)(4)(iv) does not apply to fax advertisements that are sent with the prior express permission of the recipient, because such communications constitute "solicited" faxes that cannot be required to include the opt-out notice. Alternatively, the Petitioners request that the FCC clarify that there is no statutory basis for the rule under Section 227 of the Act. Finally, in the event that the FCC declines to grant the declaratory ruling, the Petitioners request that the FCC grant a retroactive waiver for fax advertisements that had been previously sent, where they had prior express con- sent from the recipient.

In support of their requests, Best Buy Builders contends that strict application of the rule with respect to solicited faxes would be unduly burdensome and contrary to the public interest. Magna Chek contends that a waiver is in the public interest because its faxes "caused no harm to its recipients." Magna Chek believes that a grant of the limited waiver request "would serve the public interest by avoiding an abuse of the private right of action created by the TCPA, thus preventing the imposition of penalties plainly disproportionate to any possible harms purportedly caused by Masimo's consensual communications."

The fact that Best Buy Builders and Masimo Chek, among others, are seeking rulings that they do not need to provide opt out information raises the issue that companies utilizing fax transmissions for purposes of advertising and other types of solicitation need to ensure compliance with the FCC's Rules in order to avoid significant fines and forfeitures. Our clients with questions regarding their obligations under the FCC's Rules should contact us promptly.

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

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USA Mobility Reports First Quarter Operating Results; Board Declares Regular Quarterly Dividend

Wireless and Software Revenue Remains Strong, Software Bookings Increase, Backlog Nears Record High

SPRINGFIELD, Va.—(BUSINESS WIRE)—April 30, 2014— USA Mobility, Inc. (Nasdaq: USMO), a leading provider of wireless messaging, mobile voice and data and unified communications solutions, today announced operating results for the first quarter ended March 31, 2014. In addition, the Company's Board of Directors declared a regular quarterly dividend of $0.125 per share, payable on June 25, 2014 to stockholders of record on May 22, 2014.

Consolidated revenue for the first quarter was $50.1 million, compared to $53.1 million in the first quarter of 2013. Software revenue was $15.8 million versus $14.4 million in the year-earlier quarter. Wireless revenue was $34.3 million in the first quarter, compared to $38.8 million in the first quarter of 2013.

First quarter EBITDA (earnings before interest, taxes, depreciation, amortization and accretion) totaled $12.1 million, or 24.2 percent of revenue, compared to $15.5 million, or 29.3 percent of revenue, in the year-earlier quarter.

Net income for the first quarter was $4.9 million, or $0.22 per fully diluted share, compared to $6.9 million, or $0.32 per fully diluted share, in the first quarter of 2013.

Key results and highlights for the first quarter included:

  • Bookings for the first quarter increased to $16.9 million from $14.3 million in the first quarter of 2013, representing a new company record for first quarter bookings.
  • Backlog increased to $41.4 million at March 31, 2014, compared to $40.2 million a year earlier.
  • Of the $15.8 million in Software revenue for the first quarter, $8.4 million was operations revenue and $7.4 million was maintenance revenue, compared to $7.6 million and $6.8 million, respectively, of the $14.4 million in Software revenue for first quarter of 2013.
  • The renewal rate for software maintenance in the first quarter was 99.4 percent.
  • The annual rate of Wireless revenue erosion improved to 11.4 percent from 12.4 percent in the first quarter of 2013, while the quarterly rate of revenue erosion was 4.1 percent versus 2.9 percent in the year-earlier quarter.
  • Net paging unit losses were 49,000 in the first quarter versus 35,000 in the first quarter of 2013. The annual rate of paging unit erosion was 10.3 percent in the first quarter, compared to 8.5 percent in the year-ago quarter, while the quarterly rate of unit erosion was 3.5 percent versus 2.3 percent a year earlier. Units in service at March 31, 2014 totaled 1,327,000, compared to 1,480,000 at March 31, 2013.
  • Total paging ARPU (average revenue per unit) was $8.11 in the first quarter, compared to $8.15 in the fourth quarter and $8.25 in the first quarter of 2013.
  • Operating expenses (excluding depreciation, amortization and accretion) totaled $38.0 million in the first quarter, compared to $37.6 million in the first quarter of 2013.
  • Capital expenses were $2.6 million, compared to $2.3 million in the first quarter of 2013.
  • Dividends paid to stockholders totaled $2.7 million in the first quarter.
  • The Company's cash balance at March 31, 2014 was $91.6 million.
  • The number of full-time equivalent employees at March 31, 2014 totaled 624, compared to a total of 656 at March 31, 2013.

Vincent D. Kelly, president and chief executive officer, said: "We started the year on a strong note, meeting or exceeding our expectations on virtually all performance metrics, and continued the positive momentum we established at year-end 2013. Software revenue and bookings increased from the year-earlier quarter and represented a first quarter record high, while the backlog rose to $41.4 million. At the same time, our sales teams continued to perform well, achieving our targets for gross additions, revenue and average revenue per unit (ARPU). Overall, we continued to operate profitably, expanded our market reach and product offerings, strengthened our balance sheet, and generated sufficient cash flow to again return capital to stockholders in the form of cash dividends."

Commenting on Software revenue, Kelly said: "Compared to the first quarter of 2013, operations revenue grew 10.6 percent, maintenance revenue increased 9.1 percent, and total Software revenue of $15.8 million was up 9.9 percent. Growth in operations revenue primarily reflected an increase in deliverables of software, hardware and professional services while growth in maintenance revenue reflected our continued success in achieving renewal rates in excess of 98 percent. Also, total bookings remained strong in the first quarter, and we achieved the highest level of first quarter operations bookings in the Company's history. Notwithstanding difficult winter conditions affecting travel and meeting schedules, our sales team recorded a number of sizable contracts and continued to build a solid pipeline of new business leads."

Kelly added: "Customer demand remained strong for such software solutions as critical smartphone communications, secure texting, contact center optimization, emergency management, and clinical alerting — which, for example, allows hospital clinicians to respond more quickly to system-generated updates on a patient's status. Software sales activity remained strongest in North America. However, we also added a major new hospital account in Australia and continued to make inroads in other international markets. In addition, we continued to see an increasing number of requests from existing customers for add-on solutions, including a hospitality customer in China which is expanding a large call center."

Kelly said the Company continued to focus primarily on the core market segments of Healthcare, Government and Large Enterprise for its paging services during the quarter. "These core segments represented approximately 93 percent of our direct subscriber base and 89.5 percent of our direct paging revenue at the end of the quarter. Healthcare comprised 75.3 percent of our direct subscriber base at March 31(st) and continued to be our best performing market segment with the highest level of gross placements. Despite a modest uptick in unit churn for the quarter, and ongoing competitive pressures in the industry, we were pleased the vast majority of our customers continued to recognize the reliability and cost advantages of paging for their most critical messaging needs."

Kelly also noted that collaborative efforts between our sales representatives yielded six new cross-selling accounts during the first quarter.

Shawn E. Endsley, chief financial officer, said the Company's first quarter operating performance was "in line with our overall expectations. Strong revenue from both Wireless and Software, combined with continued expense management, contributed to solid operating cash flow and EBITDA for the quarter," he noted. "In addition, we improved our balance sheet, recording a cash balance of $91.6 million at March 31(st) . We also continued to operate as a debt-free company, and currently have approximately $40 million in available borrowing capacity through our credit facility."

Endsley said the Company is maintaining its previously announced financial guidance for 2014, which projects total revenue to range from $183 million to $201 million, operating expenses (excluding depreciation, amortization and accretion) to range from $147 million to $156 million, and capital expenses to range from $7 million to $9 million.

USA Mobility's Annual Meeting of Stockholders will be held at 9:00 am ET on Wednesday, May 28, 2014 at The Westin Alexandria, 400 Courthouse Square, Alexandria, Virginia.

* * * * * * * * *

USA Mobility plans to host a conference call for investors on its first quarter results at 10:00 a.m. Eastern Time on Thursday, May 1, 2014. Dial-in numbers for the call are 646-254-3366 or 877-280-2342. The pass code for the call is 1052207. A replay of the call will be available from 1:00 p.m. ET on May 1 until 1:00 p.m. on Thursday, May 15. Replay numbers are 719-457-0820 or 888-203-1112. The pass code for the replay is 1052207.

* * * * * * * * *

About USA Mobility

USA Mobility, Inc., headquartered in Springfield, Virginia, is a comprehensive provider of integrated wireless and software communications solutions. As a single-source provider, the Company operates the largest one-way paging and advanced two-way paging networks in the United States, providing wireless connectivity solutions to the healthcare, government, large enterprise and emergency response sectors. It also offers mobile voice and data services through Sprint and T-Mobile, including BlackBerry(R) smartphones and GPS location applications. In addition, USA Mobility provides mission critical unified communications software solutions nationally and internationally to healthcare, hospitality, education, business, government and public safety organizations, connecting people to each other and the data they need. Software solutions include critical smartphone communications, secure texting, contact center optimization, emergency management and clinical workflow improvement. For further information visit and

Safe Harbor Statement under the Private Securities Litigation Reform Act: Statements contained herein or in prior press releases which are not historical fact, such as statements regarding USA Mobility's future operating and financial performance, are forward-looking statements for purposes of the safe harbor provisions under the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve risks and uncertainties that may cause USA Mobility's actual results to be materially different from the future results expressed or implied by such forward-looking statements. Factors that could cause actual results to differ materially from those expectations include, but are not limited to, declining demand for paging products and services, continued growth of our Software business and demand for our Software products and services, our ability to develop additional software solutions for our customers, the ability to continue to reduce operating expenses, future capital needs, competitive pricing pressures, competition from both traditional paging services and other wireless communications services, competition from other software providers, government regulation, reliance upon third-party providers for certain equipment and services, as well as other risks described from time to time in periodic reports and registration statements filed with the Securities and Exchange Commission. Although USA Mobility believes the expectations reflected in the forward-looking statements are based on reasonable assumptions, it can give no assurance that its expectations will be attained. USA Mobility disclaims any intent or obligation to update any forward-looking statements.

[ . . . ] Financial tables at the source.


The Wall Street Journal

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Prism Paging

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

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WiPath Communications

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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
  • Load Shedding and Electrical Services Control

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PDT3000 Paging Data Terminal

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  • Built-in POCSAG encoder
  • Huge capcode capacity
  • Parallel, 2 serial ports, 4 relays
  • Message & system monitoring

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Paging Controlled Moving Message LED Displays

welcom wipath

  • Variety of sizes
  • Indoor/outdoor
  • Integrated paging receiver

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PDR3000/PSR3000 Paging Data Receivers

paging data receiver

  • Highly programmable, off-air decoders
  • Message Logging & remote control
  • Multiple I/O combinations and capabilities
  • Network monitoring and alarm reporting

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Specialized Paging Solutions

paging data receiver

  • 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

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Mobile Data Terminals & Two Way Wireless  Solutions

mobile data terminal

radio interface

  • Fleet tracking, messaging, job processing, and field service management
  • Automatic vehicle location (AVL), GPS
  • CDMA, GPRS, ReFLEX, conventional, and trunked radio interfaces

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WiPath Communications LLC
4845 Dumbbarton Court
Cumming, GA 30040
4845 Dumbbarton Court
Cumming, GA 30040
Web site: left arrow CLICK
E-mail: left arrow CLICK
WiPath Communications

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Hark Technologies

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Wireless Communication Solutions

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USB Paging Encoder

paging encoder

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

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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
  • Eight contact closure version also available
  • Product customization available

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Other products

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

Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: left arrow CLICK
Web: left arrow CLICK

hark David George and Bill Noyes
of Hark Technologies.

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Hark Technologies

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Click on the logo above for more info.

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From:Carl Grabala
Subject: CK-722
Date:April 27, 2014 at 3:38:25 PM CDT
To:Brad Dye


How does this look, have this in a glass baby jar along with 2N107 GE Transistor in original plastic tube, 2 x GE 2N167's, 3 x Sylvania 2N2332 in yellow paper holders and others by Philco.

Great stuff from back in the 1950's.

Actually used the blue CK-722's, got these at a garage sale years ago in a desk.

Carl Grabala

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From:Reggie White
Subject: CK-722
Date:April 26, 2014 at 5:14:32 PM CDT
To:Brad Dye


Your commentary following the information about the CK-722 stirred many long-dormant memories. I, too, had used a hollowed out book constructed in my Dad's workshop while he was away to conceal a 3-transistor version. If memory is correct it was a Philco in a plastic case that I tore apart & modified. This was a few years after the time you mentioned (circa 1962-1963). I specifically designed it to be used in "Study Hall".

That area, which was supposedly designed by the folks as a form of punishment was actually a welcome respite for those of us incredibly bored by regular classes.

That project is likely what led to a very pleasing career as both a radio amateur and professional.

Thanks again for opening the door to some pleasant memories.

Reggie White

P.S. Boring note: I started out as KN9TWN if you have a callbook old enough.

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I was soooo happy to receive your message. We must be brothers in a parallel universe. HI

I was KN9IQY in April of 1957.

Keep in touch.

Best regards,

Brad Dye, K9IQY

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From:Joachim Schmidt
Subject: Metro-Pageboy
Date:April 25, 2014 at 2:08:12 AM CDT
To:Brad Dye

Hi Brad,

i have a question regarding a Motorola Metro-Pageboy and it would be very kind, if you can help me.

What is the difference between a "normal" Pageboy II and a Metro-Pageboy II? And is a Metro-Pageboy part of the "Metro-Page" paging system?

Thanks in advance,

Joachim Schmidt

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Hey Joachim,

I know these old paging terms are confusing. Metro-Page can refer to various models of Paging Control Terminals:

  • Metro-Page S
  • Metro-Page 1
  • Metro-Page 2

Metro-Page can also refer to a Pager Encoding protocol, or code type:

  • Standard
  • Sub-audible
  • Decimal Digital

Details of the Metro-Page code plan are available is this document:

“National Service Technician's Guide”

More on Paging Protocols here:

Now, as to the radio receiver: the Pager. Pageboy refers to a "family" of many different models of pagers that were available using various protocols or coding methods. So a Metro-Pageboy II could have been used on a Metro-Page Terminal or any other paging terminal that supported its protocol which I believe was 5/6 tone.


I hope this helps. For more technical information about Paging see:

Best regards,

Brad Dye

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Hi Brad!

Thanks for your quick reply!

You are right, this old paging stuff is really confusing, especially when it's about Motorola pagers and protocols. :-)

As you can see on my website, , I am working on a site about pagers too. But my focus is on pagers for volunteer firefighters in Germany.

Key technical details are a frequency around 85 MHz and a 5-Tone ZVEI sequential calling.

Motorola distributed a special version of the Pageboy II for the German market, and later on the "BMD", which looks like the Minitor II.

On my researches about the Pageboy II I got confused with the many different versions and options.

As far as I currently know, there where two major evolutions. The first Pageboy II, released 1971, had only a single on/off switch on top of the housing. A second housing was a bit wider, and was referred as "extra loud" with bigger speaker or something. The second Pageboy II, releases 1974, had the well known volume knob, the earphone jack and the single push-button.

[Editor's Note: The "extra-loud" housing was just a hollow extension to the case to make the beep louder.]

Additionally, there was the Metro-Pageboy II with two versions. The first version looks identical to the first Pageboy II, but with shorter dimensions. The second version was also shorter and had a wider housing including a single 7-digit display to show the called capcode.

So there must be a significant difference between a "Pageboy II" and a "Metro-Pageboy II", in addition to the possible paging protocols.

Do you have some more information about this? Or do you know someone who could?

Thanks in advance!


[Editor's Note: Maybe other "old timers" can shed some light on this topic?]

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The Wireless Messaging News

Best regards,
brad's signature
Newsletter Editor

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

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Skype: braddye
Twitter: @BradDye1
Telephone: 618-599-7869
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Still The Most Reliable Wireless Protocol For Emergencies!

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“Enjoy the journey, hurry not towards it's end, but take each moment as it comes . . . one day at a time.”

—Author unknown

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