Wishing a safe and happy weekend for all readers of The Wireless Messaging News.

This is one of those weeks when I am very proud to still be an active member of the Paging community. It has been a very busy week.

This week's issue of the newsletter has several very important articles, that I hope you read.

First and foremost, is an exclusive submission entitled, “Is Paging Going Away?” written by Jim Nelson, President & CEO of Prism-IPX Systems. Jim and I have been co-workers, colleagues, and friends for over 30 years. I can't think of anyone more qualified to make a positive case for the health and welfare of the Paging Industry.

We would like to get this article republished in as many places as possible. If you can help us get the messsage out, I believe that Jim's article has the potential to change public opinion about Paging.

I am 100% in agreement with the points made in this article and it fully supports this newsletter's raison d'être i.e. the promotion of Paging and Wireless Messaging.

Another exclusive article of significant interest is, “How We Lost Our Fourth Amendment Rights to Technology Providers” (Warrantless Surveillance, Access to Protected Data, Telecommunications, and Location Data) By Rex Lee.

Rex has done some serious research on this issue. The third-party access to personal information has nothing to do with any conspiracy but rather an FCC consumer compliant Rex filed against T-Mobile in July of 2015. The complaint is centered on data mining transparency.

Although his disclaimer makes it clear that he is “not implying that any company mentioned in the article is unlawfully collecting nor unlawfully misusing sensitive user data, location data, or surveillance data,” he does show how many of us are victims of having our personal data shared with third parties as a result of nontransparent data mining methods that include predatory apps backed by a complex legal process.

Too many consumers and businesses are clicking on “I Agree” without reading the fine print.

Rex will be following this article up with another segment chronicling his FCC formal complaint and nontransparent data mining analysis he submitted to the Department of Homeland Security (“DHS”) pertaining to mobile data security threats.

I think you will find Rex's report shocking.

This reminds me of my father's comments about “reading the fine print on the back of a contract” back in the day when everything was on paper.

We may be giving permission to use and share our personal information without knowing.

I think you will find Rex's report shocking.

Samsung phone emits smoke on Indian plane mid-air, no damage

Fri Sep 23, 2016 | 9:42am EDT

REUTERS/Steve Marcus

A Samsung Galaxy Note II phone-cum-tablet is displayed during the first day of the Consumer Electronics Show (CES) in Las Vegas January 8, 2013.

By Aditi Shah | NEW DELHI

A Samsung Electronics smartphone sent smoke from an overhead baggage compartment on an Indian commercial plane during a flight on Friday, India's aviation regulator said, but there was no damage and the aircraft landed safely.

Passengers on board an IndiGo flight spotted smoke filtering from the baggage bin and alerted the cabin crew which saw sparks and smoke coming from a Samsung Galaxy Note 2 phone, the airline, owned by InterGlobe Aviation, confirmed in an e-mailed statement.

The IndiGo flight was on its way to Chennai from Singapore, the airline said.

The incident comes after Samsung recalled its new Note 7 phones across the globe due to faulty batteries causing the devices to catch fire while charging or in normal use.

The problems knocked billions of dollars off the market value of Samsung Electronics, which had tried to pre-empt rival Apple by launching the almost $900 Note 7 on Aug. 19, about a month ahead of the latest iPhone release.

There have been no previous reports of similar problems with the Note 2 model, first released in 2012.

A spokesperson for India's Directorate General of Civil Aviation (DGCA) said it will send out an advisory to airlines warning passengers to keep all Samsung Note smartphones switched off during the flight or avoid carrying the phones on commercial jets altogether.

The DGCA has called Samsung representatives to its office in New Delhi on Monday. A Samsung spokesman in India had no immediate comment but said the company would issue a statement soon.

(Writing by Tommy Wilkes; Editing by Adrian Croft)

Source: Reuters

Now on to more news and views.

Wayne County, Illinois

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

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There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world’s major Paging and Wireless 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.

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Is Paging Going Away?

September 23, 2016

In the spirit of the 2016 Presidential campaign it is time for someone to speak up about the status of paging use without regard for being politically correct.  As a veteran of the paging industry for nearly 50 years I feel qualified to present the facts.

For many years I have heard people say that Paging is going away and being replaced by smartphones but that simply is not true. Paging systems continue to be sold and new pagers put into service every month. Paging is still being used along with cellphones for many reasons. It is true many people try using cellphones for messaging and for non-crucial messaging and it might satisfy them — until they miss an important message. Many that have experienced a serious cellphone service outage due to terrorist acts, natural disasters or other emergencies are using Paging again as it has been proven over and over again that Paging works.

For professionals, especially those involved in providing critical services, a missed message can mean life or death. The very reasons why Paging was created still exist today, i.e. fast, dependable, notification with short messages on a device that is not cluttered with games and has an unmistakable sound that signifies importance.

In a recent a study sponsored by (read PAID FOR) TigerText and utilizing research conducted by HIMSS Analytics and other industry research an attempt was made to discredit paging use by claiming it is too expensive. The study surveyed 200 hospitals and discovered that 90% of these organizations still use pagers. Now considering there are 5,627 registered hospitals in the US, if this percentage holds true then 5064.3 of them use paging.  Does that sound like paging is going away?

There is no argument that smartphones are very useful and convenient for general messaging and searching for information. That use is far different from the role pagers play in critical messaging. And if you are going to use a mobile app on your smartphone wouldn’t it make sense to use one that the professional messaging (Paging) companies designed? Several paging service providers offer mobile phone apps for text messaging.  Many of their apps have all the considerations for what makes messaging reliable and worthy of consideration.

Many people today, including those in the medical community, have never used a pager and have no incentive to do so until they have an unfortunate experience caused by service outages or system failures which is almost inevitable during severe weather or cell-site outages.

In spite of the evidence, the debates will continue so here are some the points that must be considered.

Who uses pagers? Doctors, nurses, E911 first responders, firefighters, police, energy producer’s emergency response teams, energy distribution systems, industrial alarm monitoring systems, to name a few.

• Many critical communications systems for Public Safety, Fire Brigades and First Responders around the world use pagers because they know they work and can be depended on.
• Recent articles claim that about 85 percent of hospitals still rely on pagers. (Doesn’t that make a statement about how valuable they are?)
• In a recent article a doctor stated he has used a pager for urgent messages every day for nearly 20 years and it is still the most dependable messaging device today.
• In spite of their claims, reporters and mobile app vendors have no idea of how many pagers are used today. The limited surveys that are cited in published articles are anti-Paging and almost always written as advertisement for a mobile app vendor. (That is not professional journalism.)
• Some articles claim pager users receive so many pages they cannot do their work effectively. That is not the fault of the pager. If you used a phone you still could not answer all the calls.
• Many mobile text messaging application vendors are self-promoting their products with no concern for immediate patient care.
• Many mobile text messaging application vendors try to convince hospital administrators and CIOs¹ to replace pagers by citing cost and efficiency of phones over pagers. This is very debatable but even if that were true is “user convenience” more important than fast, dependable patient care? (If your answer is yes I'm not coming to your hospital!)
• Pagers still fill a need that cellphone and smartphone technologies fail to address adequately.
• Transmission of critical or emergency messages must be reliable, yet cellular and Wi-Fi networks are often disabled due to catastrophes, natural disasters or even technical problems.
• Data breaches put patient information at risk. For example, over 90% of US hospitals experienced a data breach in 2012 and 75% of hospitals are not sufficiently securing devices with patient data. Dealing with these HIPAA² violations is very expensive. Paging systems can provide complete security for message data transport and encryption on the pagers.

How many pagers are in use?

In the beginning, Paging was used primarily in private systems³ for hospitals and public safety organizations. The quantity of pagers in service on private systems was not public information. Only vendors that were directly involved supplying pagers and systems had an idea of how many were used.

Many years after commercial Paging was introduced paging became very popular with the public and with businesses so units in service grew rapidly. The FCC required commercial Paging system operators to report their quantity of units in service so estimates of commercial market size was possible.

Eventually sales reached a point where volume discounts and competition drove the price down to a point where private system operators found they could save on labor and system operating expense by using commercial services and shut down their private systems. This caused a major shift of users from private systems to commercial systems and allowed a better estimate of units in service. Paging vendors also advertised their market share and sales growth — giving an even better view of the market size.

When cellphones finally became affordable, and signal coverage was greatly improved, many pager users switched to a cellphone to see if it was better for their specific needs. After many years of cellphone system expansion pager use started to decline but it was still popular with many users due to low prices.

Eventually many commercial Paging system users who were previously on private systems became disappointed with lack of support and poor quality service from the low cost Paging services so their organizations rebuilt private systems which were far more dependable. and provided more immediate alerting and message delivery.

When Paging usage reports showed a decline in subscribers, Paging did not go completely away as many believed it would. A lot of it went to private systems again. And, since only public companies report units in service, pagers on private systems were once again not included in the estimates of total units in service.

Today, there is only one publicly-traded Paging company that reports their units in service. Even though they report a decline in units each year some of these users have switched to other service providers, or have gone over to private systems, and are no longer visible. This creates the illusion that Paging is being discontinued.

With the advent of the Internet anyone can consider themselves to be a “Journalist” and “report” a story. When searching for news and information it is necessary to consider the source. Many sources lack credibility and their stories are simply poorly disguised ads paid for by companies promoting their own products.

For credible information you can contact the Critical Messaging Association⁴ (CMA) in America or in Europe; they represent the majority of Paging service providers, including commercial, government and private systems. These trade associations hold conferences in both the US and Europe where they share their experiences and ideas for new and improved uses of Paging technology. CMA members are the foremost experts on Paging technology and system management. CMA has a Paging Technical Committee that continuously reviews new requirements and improvements to better serve the customer community.  The PTC welcomes customer input to make sure they are focused on actual needs as well as explore new innovations.  The introduction of Paging message encryption is one example of how the PTC responded to the end customers’ needs to address HIPAA and other security issues.

Just so you don’t think these only my opinions, here are some of the comments I have heard or read regarding the use of smartphones and pagers:

Smartphones:

• Some smartphone text messaging applications can work very well for routine messaging but have never been tested during a disaster. But who is liable if they fail?
• Mobile app vendors cannot control the reliability of their messaging since they do not own the network they send messages on.
• Many mobile app services use e-mail for text, which is well known to suffer delays, to receive and deliver messages.
• It is a known fact that cellphones lose coverage inside of many buildings and even outside where signals are blocked by large structures.
• It is also well known that cellphone network performance is seriously degraded during emergencies.
• When a cellphone breaks you lose all communications. You cannot easily substitute another phone and it would need all the apps to be re-installed on it.
• Cellphones must be recharged every day and with heavy usage perhaps more than once a day.
• Cellphone tower sites have short-term backup power and often run out of fuel before the sites are accessible and fuel is available again.
• Cellphone systems require many low power transmitter sites in a concentrated area and when storms move through many sites are impacted.
• If you use your own phone (BYOD⁵) you can be held liable for missed messages.
• Using your own phone can introduce viruses and other harmful applications that monitor your data and copy information, including healthcare data, to online data collection services.
• Even though your phone might be secure on a hospital’s private network, it is not secure when you stop at Starbucks or McDonald’s.
• With some smartphones you cannot receive or read a message while you are talking on it and you only know you have a new message after you end the phone call.
• Most smartphones require the mobile apps to run in the background so they cannot interrupt voice calls or interfere with other apps the smartphone carrier or manufacturer decides are more important than your messages.
• Music players & car sound systems with Bluetooth can block alert tones.
• Users can turn down the volume so low that the alerts can’t be heard.
• Users can turn off Notifications for an app.
• Device operating system upgrades can render apps useless.
• Apple and Google both state in their developer’s agreement to NOT use their service for emergency communications.
• App vendors must rely on huge corporations like Apple, Google, AT&T, Verizon, etc. in order to have problems rectified.
• Replacement of a lost or stolen iOS or Android device might take days to be replaced.
• In 2010, 82% of survey respondents report they missed text messages sent to their mobile phones. This does not include the messages that do not know they missed.
• Messages are being sent to the wrong cellular carrier because subscribers have ported their number.
• The worst rate of SMS⁶ delivery between operators’ different networks resulted in one out of 500 text messages getting lost.
• One in 100 messages takes longer than a minute to arrive for almost all the Tier 1 carriers in the United States.
• SMS aggregators’ capacity issues can cause delays.
• A heavily congested network often affects voice and data channels equally. If you have a problem making a phone call or are experiencing a lot of dropped calls, then chances are that an SMS connection will not be any more reliable than any other Internet-related data connection.
• During congestion carriers place lower priority on returning message delivery acknowledgements and often throw them away to relieve congestion.
• Because of the general architecture of CDMA⁷, TDMA⁸ and GSM⁹ cellular networks, such systems will not be able to deliver a high volume of emergency messages in a short period of time.
• Cellular networks are not designed to deliver emergency-scale traffic loads.
• Cellular networks do not operate over the Internet.
• Targeting users in a specific location is extremely difficult.
• There is no way to authenticate the source of messages, making fraudulent alerts easy to send.
• SMS is not a real-time service.
• Message delivery order is not always predictable.
• The extra text messaging traffic generated by third party EAS¹⁰ will cause congestion in the network and may potentially block the delivery of critical information, such as calls between emergency responders or the public to 9-1-1 services.
• Cell signals, especially within hospital structures, can be weak and inconsistent.
• Phones lose power much more rapidly than a pager.
• A busy night on call can both increase power drain and decrease charging opportunities.
• Cellphone networks are more vulnerable in the event of a natural disaster.
• Autocorrect on smartphones may result in transmitting an erroneous message with grave clinical implications. One violation can result in a fine of $50,000 and repeat violations can lead to $1.5 million in fines in a single year.
• Important clinical messages get mixed up alongside personal messages and content in the inbox.
• Texting apps may not integrate with the hospital’s central database for contact information.
• A user may not receive texts if the phone is in active use during a voice call.

Pagers:

• Paging has its own dedicated network and has worked during all well-known disasters.
• Paging offers message encryption for both data transport and over the air transmission.
• Pagers are low-maintenance and easily exchanged if lost or broken.
• Paging systems can run longer on backup power so they work even during a disaster or power outage when it might be hard to find a working outlet to charge a cellphone.
• Paging networks have more broadcast power than those used for cellphones so the transmitter sites are located farther apart and storm damage is less likely.
• Pager messages are broadcast from multiple towers in a given area at the same time. If one transmitter tower stopped working an adjacent tower’s signal would fill in most areas, which would increase reliability.
• Paging signals are much better at penetrating buildings and use simulcast¹¹ technology to combine signals for better reception.
• In addition to individual messages, Paging systems can use “one-to-many” coding technology that makes it easy to send group messages that are received by all intended pagers instantaneously.¹²
• For all its purported inconveniences, a pager still offers benefits that have yet to be replicated by other forms of communication.
• Pagers provide an alert that can’t be ignored and a reliability that is crucial in the health care and other critical communications systems.
• The Paging carrier or private system operator owns their network and can provide much better response time if issues occur.
• Broken or lost pagers are typically replaced within 24 hours and many providers can do this 24/7.
• Pager batteries can last for several weeks, even with heavy use.
• Paging carriers have provided critical messaging services for decades.
• Pagers offer greater security and less risk to privacy than do personal phones.
• Pagers do not use predictive texting or spell checkers, which often change words in the message sent to smartphones.
• Calls to pagers are faster and do not require listening to “press 1 to leave a message, press 2 for our fax number, press 3 for directions to the practice, etc.”
• Paging offers message encryption, which can be controlled by the hospital.
• Paging networks are designed solely for transmitting critical messages.
• Paging Users do not have to sort out the critical messages from the barrage of texts, e-mails, and video content received on a smartphone.
• Pagers are inexpensive compared to smartphones.

Will any of this change someone’s mind?  For some, it will not.  But it just reminds me of a colleague's favorite saying “Yes, you can disagree with me . . . I can’t force you be right!”

Jim Nelson

FOOTNOTES:

¹ Chief information officer (CIO), chief digital information officer (CDIO) or information technology (IT) director, is a job title commonly given to the most senior executive in an enterprise responsible for the information technology and computer systems that support enterprise goals.

² HIPAA The Health Insurance Portability and Accountability act. The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.  The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization

³ Paging Markets have historically been divided into two distinct but very broad segments i.e. subscriber, commercial, or carrier Paging, and private, or on-site Paging.

⁴ https://www.criticalmessagingassociation.org

⁵ BYOD Bring Your Own Device

⁶ Short Message Service (SMS) is a text messaging service component of phone, Web, or mobile communication systems. It uses standardized communications protocols to allow fixed line or mobile phone devices to exchange short text messages.

⁷ Code division multiple access (CDMA) is a channel access method used by various radio communication technologies.

⁸ Time division multiple access (TDMA) is a channel access method for shared medium networks. It allows several users to share the same frequency channel by dividing the signal into different time slots. The users transmit in rapid succession, one after the other, each using its own time slot.

⁹ GSM (Global System for Mobile Communications, originally Groupe Spécial Mobile ) is a standard developed by the European Telecommunications Standards Institute (ETSI) to describe the protocols for second-generation (2G) digital cellular networks used by mobile phones, first deployed in Finland in July 1991. As of 2014 it has become the de facto global standard for mobile communications — with over 90% market share, operating in over 219 countries and territories.

¹⁰ The Emergency Alert System (EAS) is a national public warning system that requires broadcasters, cable television systems, wireless cable systems, satellite digital audio radio service (SDARS) providers, and direct broadcast satellite (DBS) providers to provide the communications capability to the President to address the American public during a national emergency. The system also may be used by state and local authorities to deliver important emergency information, such as AMBER alerts and weather information targeted to specific areas. (Amber Alerts are an emergency response system that disseminates information about a missing person (usually a child), by media broadcasting or electronic roadway signs.)

¹¹ “The Art And Science Of Simulcasting Redux” By Dennis Cameron

¹² “Why is paging the BEST technology to use when it is necessary to alert many people in a short time?” by Brad Dye

Additional pertinent information and sources:

• https://www.quora.com/Whats-more-reliable-during-heavy-network-congestion-SMS-or-iMessage
• http://jasonfrasca.com/deconstructing-everyday-blog/send-sms-texts-during-wireless-cellular-network-failures-caused-by-disasters
• http://www.wirelessweek.com/article/2010/04/sms-reliability-problem
• http://www.cellular-news.com/story/33684.php?source=rss
• http://www.zdnet.com/article/htc-teases-world-class-cameras-for-next-htc-10-flagship-ahead-of-rumored-april-launch/
• http://content.onlinejacc.org/article.aspx?articleid=2042977
• http://motherboard.vice.com/read/why-are-pagers-still-a-thing
• http://www.kevinmd.com/blog/2014/10/doctors-still-use-pagers.html
• https://rockhealth.com/why-doctors-still-use-pagers/

Source:

Jim Nelson, President & CEO
Prism-IPX Systems LLC
11175 Cicero Drive, Suite 120
Alpharetta GA 30022 USA

C: +1 678 643 6705
T: +1 678 242 5290
F: +1 678 242 5201
W: www.prism-ipx.com

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

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Enhancing Mobile Alert Response

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800-373-1466
2630 National Dr., Garland, TX 75041

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• Combines Paging Protocol Monitoring and Wireless Sensor Monitoring (Inovonics and Bluetooth LE)
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STG (SIP to TAP Gateway)

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

A Problem

The Motorola Nucleus II Paging Base Station is a great paging transmitter. The Nucleus I, however, had some problems.

One of the best features of this product was its modular construction. Most of the Nucleus' component parts were in plug-in modules that were field replaceable making maintenance much easier.

One issue was (and still is) that two of the modules had to always be kept together. They are called the “matched pair.”

Motorola used some tricks to keep people in the field from trying to match unmatched pairs, and force them to send SCM and Exciter modules back to the factory for calibrating them with precision laboratory equipment.

The serial numbers have to match in the Nucleus programing software or you can't transmit. Specifically the 4-level alignment ID parameter contained in the SCM has to match the Exciter ID parameter.

Even if someone could modify the programing software to “fudge” these parameters, that would not let them use unmatched modules effectively without recalibrating them to exact factory specifications.

So now that there is no longer a Motorola factory laboratory to send them to, what do we do?

I hope someone can help us resolve this serious problem for users of the Nucleus paging transmitter.

Please let me know if you can help. [ click here ]

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

Are you a Yahoo user? Here's what you should do

Elizabeth Weise, USATODAY 5:12 p.m. EDT September 22, 2016

Yahoo's massive data breach could affect hundreds of millions of users. USA TODAY

SAN FRANCISCO — Yahoo said Thursday an investigation had confirmed that information associated with at least 500 million user accounts was stolen from the company in late 2014.

Yahoo users and others should immediately take steps to protect themselves, and stay vigilant for attempted add-on attacks in the coming days and weeks.

Yahoo also owns the photos sharing site Flickr and the blogging platform Tumblr. No Tumblr accounts were affected. However some Flickr accounts might have been, as in some cases user’s Flickr and Yahoo IDs are linked. Yahoo is reaching out to those users.

Yahoo has 1 billion people globally who engage with one of Yahoo's properties each month. About 250 million use Yahoo Mail, while Flicker has 113 million. Several hundred million use Tumblr, while another 81 million use Yahoo Finance and tens of millions use Yahoo Fantasy Sports.

“I've actually changed my password since this breach in 2014, but regardless I'm never happy to hear about something like this,” said Mike Rhode of Arlington, Va., a user of Flickr and Yahoo Groups. “However, as a long term employee of the Federal Government, I've had my data compromised twice, and have largely resigned myself to this type of issue being an ongoing problem in today's world.”

Take action

Yahoo said it was notifying potentially affected users and taking steps to secure their accounts. That included invalidating unencrypted security questions and answers so that they could not be used to access an account. Yahoo will also ask potentially affected users to change their passwords.

Yahoo users who haven't changed their passwords since 2014 especially should immediately change not only their passwords but also their security questions, the company said.

Users should also consider enabling two-step authentication on their Yahoo accounts, to provide an extra and very strong level of security. This form of verification sends a text message or call to the user's phone with a code as a second verification step. The code which must be typed in before the account can be opened.

Instructions on how to enable two-step authentication in Yahoo are on its website.

In addition, users need to think about passwords and security questions from other accounts on which they gave the same or similar information used for their Yahoo account and possibly change them as well.

Once hackers have access to ID and password information for one system, they routinely try the same combination against multiple other platforms to see which ones work, an easily automated process.

Users should avoid clicking on links or downloading attachments from suspicious emails that claim to be updates from Yahoo or others about the breach.

Hackers often use news of big breaches to conduct "phishing" campaigns, sending official-looking emails that make it seem as if Yahoo or other legitimate services are asking them to supply information or click through to a link to repair any damage — something legitimate services will not do.

When in doubt, call or email the company that appears to be sending the message separately, don't go through the email you've been sent.

Yahoo users should be cautious of all unsolicited communications that ask for personal information, the company said.

Finally, all users should review their online accounts for suspicious activity. That includes banks, credit card companies and hotel and airline loyalty programs.

Contributing: Mike Snider

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BENJAMIN H. DICKENS, JR. JOHN A. PRENDERGAST GERARD J. DUFFY RICHARD D. RUBINO MARY J. SISAK D. CARY MITCHELL SALVATORE TAILLEFER, JR.	(202) 659-0830 FACSIMILE: (202) 828-5568	AFFILIATED SOUTH AMERICAN OFFICES ESTUDIO JAUREGUI & ASSOCIATES BUENOS AIRES, ARGENTINA HAROLD MORDKOFSKY OF COUNSEL
ARTHUR BLOOSTON 1914 – 1999	Common Carrier Retainer Series September 12, 2016	EUGENE MALISZEWSKYJ ENGINEERING CONSULTANT

Regulatory Fee Payments Due September 27, 2016,
Electronic Filing is Mandatory

The FCC has announced that all annual regulatory fee payments for fiscal year 2016 will be due no later than Tuesday, September 27, 2016. However, as discussed below, the FCC’s financial management software has been known to put licensees into “red light” status even when they have timely paid their regulatory fees, if the fee payment has not been processed by the deadline. Therefore, we recommend submitting the fee payment several days before the September 27, 2016 deadline if at all possible. Please let us know if you need assistance in preparing and/or making your regulatory fee payments. We can also help clients by preparing a filing establishing that they are exempt from having to make this payment, as discussed below.

It is important to note that a failure to make the payment by Tuesday, September 27, 2016 will result in the imposition of a 25 percent late payment fee.

Calculation of the FY 2016 Fee

The method for determining the method of regulatory fee payment is as follows:

Cellular, Broadband PCS, SMR (More than 10 MHz Bandwidth), Public Coast, Advanced Wireless Service (AWS), 700 MHz and Wireless Communications Service (WCS)

Fees are assessed annually based upon the number of telephone numbers or subscriber units. If you received an electronic Assessment Letter from the FCC regarding your CMRS cellular or mobile subscriber count, you should use the subscriber count identified on the assessment letter, which contains the FCC’s final assessment for your subscriber base unless you have challenged the subscriber count. All other CMRS cellular and mobile licensees who did not receive a letter from the FCC should use the count of telephone numbers or subscriber units as of December 31, 2015. Include in your counts any numbers that are provided to resellers and non-paying end users. The regulatory user fee is $.20 per unit in service on December 31, 2015.

With respect to the 700 MHz service, licensees have the capability of providing mobile service as well as fixed service. While it is clear that the $.20 fee per unit applies to mobile services, it is not altogether clear that it applies to fixed services since this issue has not been addressed in the FCC’s Order. Nonetheless, the logic behind the regulatory user fee would suggest that the fee applies to both mobile and fixed subscriber units, and we suggest, out of an abundance of caution, that licensees in the 700 MHz service pay the fee on a “per unit” basis if they are providing a fixed service such as Internet access. In this way, you would avoid the costs associated with late fees, responding to FCC inquiries and clearing red-light issues. If it turns out that the regulatory fees do not apply to this service, then you could request a refund of the fee.

Air-ground Service

The unit count is based upon the number of leased transceivers provided to end-users. The regulatory user fee is $.20 per unit in service on December 31, 2015. Service provided to customer-owned units should not be included in the count.

Paging, Narrowband PCS, IMTS, Private Carrier Paging, 220 MHz, SMR (Less than 10 MHz Bandwidth), and Commercial Business Radio Service.

Fees are based upon subscriber unit counts. The regulatory user fee is $.08 per unit, in service on December 31, 2015.

Broadband Radio Service (BRS) [formerly Multipoint Distribution Service]

Fees are assessed annually. Fees are based upon the number of call signs licensed as of October 1, 2015, even though the station may not be constructed or operational until after that date. The regulatory user fee for this service is $725.00 per call sign. Please note that the regulatory fee is still due and payable even if the license was cancelled or otherwise not renewed after October 1, 2015 but before the regulatory fee payment is due.

Local Multipoint Distribution Service or (LMDS)

Fees are assessed annually. Fees are based upon the number of call signs licensed as of October 1, 2015, even though the station may not be constructed or operational until after that date. The regulatory user fee for this service is $725.00 per call sign. Please note that the regulatory fee is still due and payable even if the license was cancelled after October 1, 2015 but before the regulatory fee payment is due.

Domestic Satellite Earth Stations (Not Including Earth Station Receive Only)

Fees are assessed annually. Fees are based upon the number of call signs licensed as of October 1, 2015, even though the station may not be constructed or operational until after that date. The regulatory user fee for this service is $345.00 per call sign. Please note that the regulatory fee is still due and payable even if the license was cancelled after October 1, 2015 but before the regulatory fee payment is due.

Common Carrier Fixed Point-to-Point Microwave

The regulatory user fee is no longer collected on an annual basis. Instead, the fee, which for FY 2016 is $25.00 per year for the license term, will be collected at the time an application for a new station or a license renewal application is filed. Thus, since microwave licenses are granted for a ten-year term, the up-front user fee, at the time of application, would be $250.00, and would be added to the application filing-fee.

Rural Radiotelephone Service/BETRS

Regulatory user fees for these stations, which include BETRS, are no longer collected on an annual basis. Instead, the fee, which for FY 2016 is $10.00 per year for the license term, will be collected at the time an application for a new station or a license renewal application is filed. Thus, the up-front user fee, at the time of application would be $100.00, and will be added to the application filing-fee.

The FCC has indicated that it will rely on its own records, to the extent possible, in order to verify that the proper regulatory fee payments have been made. In those circumstances where its records do not contain the necessary information (e.g., mobile unit counts), it will rely on the representations made by the regulatees, subject to random audits. Therefore, in accordance with Rule Section 1.1157(d), our CMRS clients are required to keep supporting records for a minimum of two years from the date the regulatory user fees are paid. In those circumstances where an insufficient fee has been calculated, the entity will be responsible for payment of the additional fee together with any penalties and interest.

Payment Instructions

Mandatory Use of the Fee Filer System — All regulatees that pay annually must make their regulatory fee payments electronically via the Commission’s online Fee Filer payment system or by wire funds transfer directly to the US Treasury. The FCC no longer accepts paper checks, cashier’s checks or money orders.

Payments for Cellular, PCS, AWS, 700 MHz, Paging, SMR and most other CMRS/commercial licensees, as well as telecommunications and cable television services, must be made annually. As a result, regulatees will be required to access the FCC’s Fee Filer system (www.fcc.gov/fees/feefiler.html) with their valid CORES FRN and password in order to initiate the process of filing their annual regulatory fees. For FY 2016, payment may be made electronically through the Fee Filer system as a credit card transaction or as an ACH Payment that utilizes your bank account information. In this regard, it is critical that you verify with your bank whether an ACH payment can be drawn on your account, and if so, the correct routing number and account information for this payment method, since certain banks utilize different information from what is printed on the account holders’ checks. Wire funds transfers to the US Treasury will be addressed below. As in prior years, the FCC no longer accepts payment by check or mails invoices for regulatory fees. These invoices are viewable in the FCC’s Fee Filer System.

Please note that the FCC accepts VISA, MasterCard, Discover and American Express. In addition to the credit card number and expiration date, you will also need to know the security code for the credit card. Failure to provide accurate credit card information will result in rejection of the credit card payment and a 25% late fee if the payment is refiled after the payment due date. If you choose to make a payment via credit card, please note that the US Treasury has set the maximum charge that can be made on a single credit card at $24,999.99 per day. Additionally, the US Treasury does not permit the total amount due to be split into multiple payments in order to circumvent this restriction. In particular, an amount that exceeds the maximum dollar amount of $24,999.99 may not be split into two or more payment transactions in the same day by using one or multiple cards or over multiple days by using one or more cards. Thus, if your fee is greater than $24,999.99, it will be necessary to pay by another method such as ACH or wire funds transfer (EFT/FEDWire).

Should you desire to make your payment by wire funds transfer to the US Treasury, the following instructions will apply:

BNF: FCC Acct – 27000001
OBI Field (Skip one space between each information Item): “ REGULATORY PAY ”
Payer FRN: (Exactly as on FCC Form 159-E)
Payer Name: (Exactly as on FCC Form 159-E)
Contact Phone or E-mail:
Voucher Number: (Exactly as on Form 159-E)

We recommend scheduling your payment for no later than Thursday, September 22, 2016 in case there is an issue with the wire funds transfer. Additionally, it will be necessary to fax a copy of the Fee Filer generated Form 159-E to the Federal Communications Commission at (202) 418-2843 at least one hour before (and on the same business day) the wire funds transfer is initiated so that there are no delays in crediting your account. The Form 159-E should be captioned at the top with “ WIRE TRANSFER — REGULATORY FEE PAYMENT. ” Finally, you should make arrangements with your banker a few days in advance so that your financial institution has enough time to initiate the wire funds transfer without running up against the payment deadline. The FCC cautions that any wire transfer that is initiated after the financial institution’s cut off will be credited the next business day. We therefore recommend that you check with your financial institution in order to determine the appropriate deadlines for the sending of the wire transfer and receipt by the US Treasury.

Assessment Notifications

The FCC has made Interstate Telecommunications Service Providers (ITSPs) and CMRS regulatory fee assessment data available for review in its Fee Filer system. For ITSPs, the fee assessment data is based upon revenues data reported in the Form 499 for 2015. For CMRS providers, the fee assessment data is based upon subscriber counts derived from the Form 502 numbering report. The FCC will not be mailing out this data to CMRS providers. Because some carriers do not file their numbering data on the Form 502, the FCC will not have a telephone number count as of December 31, 2015. In those cases, CMRS providers should calculate their regulatory fee based upon the number of telephone numbers assigned to subscribers as of December 31, 2015.

In order to view this data and verify its accuracy, it will be necessary to log into the Fee Filer System. Once logged into the system, you should click on the link to view the appropriate revenue data (for ITSPs) or subscriber data (for CMRS providers.) The data for ITSPs cannot be revised, since it is based upon the 2015 ITSP revenue data that was reported on FCC Form 499.

Payments by NECA for ITSP Fees

Several of our wireless clients are also local exchange carriers that pay their ITSP regulatory fees through NECA. While the FCC permits regulatees to use other entities for the payment of fees, it is important to remember that the ultimate responsibility rests with the regulated entity. In this regard, it is also important to note that if there are other ITSP regulatory fees for which you are liable that are not covered through NECA (e.g., CLEC, long distance or VoIP interstate revenue), it will be necessary for you to initiate the payment of those fees in the FCC’s Fee Filer system.

Exemptions from Regulatory Fees

Governmental entities and non-profit entities under Section 501 of the Internal Revenue Code are exempt from the payment of regulatory fees. Any entity claiming exempt status must submit (or have on file with the Commission) a valid IRS Determination Letter documenting its non-profit status or a certification from a governmental authority attesting to its exempt status. Additionally, a regulatee will be exempt from the payment of regulatory fees if the sum total of all of its regulatory fees owed is $500.00 or less. As a result, we anticipate that most of our paging clients and some of our other small CMRS clients will be exempt from paying the annual regulatory fee this year. In order to minimize the potential for being placed in a red-light status for non-payment of the regulatory fee, we recommend that any client with an exemption file a letter with the FCC that specifically states that they are exempt from the payment of regulatory fees for FY 2016. We will be glad to prepare and file such letter for you if desire.

Enforcement Actions for Non-Payment or Late Payment

In addition to the 25 percent late fee, the Communications Act has provided the Commission with three methods for enforcing user fee requirements – monetary penalties for late payment, dismissal of pending applications, and license revocations. Additionally, the FCC’s rules also permit the FCC to withhold action on any applications or requests for benefits (including USF payments) filed by anyone who is delinquent on any non-tax debt to the FCC (including regulatory fees) and to dismiss those applications or requests if satisfactory payment arrangements are not made. Finally, the Commission is authorized to pursue other remedies for non-payment of fees under the Debt Collection Act.

We will update you as further information is released by the FCC. Please let us know if you have any questions or need any assistance with your regulatory fee payments.

Any client with questions regarding this memorandum may call Richard Rubino at 202-828-5519.

Repair and Refurbishment Services

Product Support Services, Inc.

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

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.

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

	Motorola SOLUTIONS
	Motorola MOBILITY

Disaster-Proven Paging for Public Safety

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

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

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

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

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

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

Swissphone sets new standards in paging:

Paging Network

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

Pager

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

Dispatching:

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

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

How We Lost Our Fourth Amendment Rights to Technology Providers

(Warrantless Surveillance, Access to Protected Data, Telecommunications, and Location Data)

By Rex M. Lee
September 23, 2016

Smartphones and connected products such as tablet PC’s are the gateway to a person’s personal and business life. Connected products such as a smartphone combine the convenience of a cellular phone, mobile PC, personal GPS locator, camera, audio recorder, and microphone integrated into a single mobile device. The all-inclusive device is supported by thousands of connected applications that are a necessity for everyday life.

One can say that a smartphone could be used as a highly sophisticated surveillance device if third-parties could gain warrantless access to the telecommunication handset. Would any American knowingly give up their fourth amendment rights to use technology that can enable third-party access to their personal and business life? Yes, anyone using a smartphone and/or connected product today has lawfully given up their fourth amendment rights.

Ironically, people are paying money to be monitored, tracked, and data mined by multinational corporations via products and services that require payment to participate such as smartphones. If you are curious to how we lost our fourth amendment rights to technology providers such as wireless carriers, OEM’s, OS developers, and application developers read on.

Connected products such as Smartphones and tablet PC’s are supported by installed and/or rooted apps (“pre-installed apps”) that cannot be uninstalled by the product owner. Many of the pre-installed apps cannot be controlled nor disabled by the product owner. The inability to uninstall, control, and disable pre-installed apps is done by design to support a nontransparent data mining business model.

The nontransparent data mining includes access to personal and business information (“sensitive user data”), location tracking, plus audio & video recording that includes still photography. The monitoring, tracking, and data mining is being conducted by multinational corporations such as AT&T, Verizon, T-Mobile, Samsung, Apple, Google, Microsoft, and their “trusted “partners.

Trusted partners can include companies from China such as BAIDU or social media companies such as Facebook who develop predatory pre-installed apps and content for the operating system (“OS”) developer (Apple, Google, Microsoft, etc.). The OS developer enables the predatory apps and content to be preloaded into the OS of the connected product.

Connected product consumers and businesses would be shocked to find out that many pre-installed apps are programmed to access personal and business information (“sensitive user data”), track, and record the product owner and/or the authorized device user which often includes family members such as a spouse or children under 18.

The access to sensitive user data, location data, plus the ability to do audio and video surveillance is enabled by predatory pre-installed apps and content. The ability to monitor, track, and data mine telecommunication subscribers via telecommunication products and services is controversial due to the fourth amendment and laws against warrantless surveillance.

Despite privacy laws and the fourth amendment, companies such as Google, Apple, and Microsoft can lawfully gain access to sensitive user data while conducting location tracking coupled with audio and video surveillance without due process. The lawful warrantless surveillance and data mining is accomplished by the use of predatory pre-installed apps and content supported by a complex and torturous legal process (terms of use).

Data stored on PC’s is protected by hacking laws that prevent warrantless third-party access to sensitive user data. A Smartphone is a telecommunication device supported by laws that are designed to protect a citizen against warrantless access (illegal search & seizure) to phone records and/or warrantless surveillance such as wiretapping and tracking by technology such as GPS.

The FCC addresses privacy and third-party access to phone records on their website ( https://www.fcc.gov/consumers/guides/protecting-your-privacy ). For example, the FCC consumer guide to “protecting your privacy” states the following:

Telephone companies may use, disclose, or permit access to this information in these circumstances: 

1. As required by law.
2. With your approval.
3. In providing the service from which the customer information was obtained.

Bullet one states that phone records can only be accessed by third-parties in accordance with the law. As a former wireless carrier RVP and GM, I can state that subscriber information could only be released if a warrant was issued to the wireless carrier and/or written authorization was received by the subscriber. Furthermore, wiretapping of communications and/or tracking surveillance requires a warrant issued by a judge.

With the invention of the smartphone, data mining information from telecommunication subscribers has become a multi-billion dollar industry. The ability to monitor, track, and data mine individuals via a product such as their smartphone is a very profitable venture due to the fact that a person’s life revolves around their telecommunications, PC, internet, and mobility.

A smartphone enables access to a person’s entire life coupled with the ability to track and monitor a person’s physical activity plus access health information. Predatory apps can track location coupled with physical activity such as when a person is sedentary, walking, running, cycling, or driving. Predatory apps can access a person’s physical condition such as their heart rate or even access auto telematics tracking a car’s speed and/or the person’s driving habits.

By virtue of predatory pre-installed apps, companies such as Google and Apple have found a lawful way to monitor, track, and data mine people 24 hours per day 365 days a year by way of their connected technology, telecommunications, transportation, entertainment, and living environment.

Aside from smartphones, connected products include PC’s, tablets, wearable technology, autos, 4K TV’s, internet accounts, and IoT products such as in building climate control and security systems. All of these so called “smart” products are supported by predatory pre-installed apps product owners and users cannot uninstall nor in many cases control or disable. Users virtually have no way to opt out while still being able to participate in regards to products and services that require payment to participate.

Alphabet Executive Chairman, Eric Schmidt, made this controversial comment in 2010:

With your “permission” you give us more information about you, about your friends, and we can improve the quality of our searches [...] We don't need you to type at all. We know where you are. We know where you've been. We can more or less know what you're thinking about.” — Eric Schmidt, Google (today-Executive Chairman Alphabet — Source: Huffington Post Nov 4^th, 2010).

Why would anyone give a company such a Google the “permission” to track, monitor, and data mine personal and professional information to the extent that Google knows where you are, where you’ve been, plus knows what you’re thinking about? The word permission could be linked to nontransparent pre-installed application permission statements (“app permissions”).

App permissions describe the level of information a pre-installed app is enabled to access, collect, and aggregate for the app and OS developer. The dirty secret about app permissions is the fact app permissions are not published in the terms of use that support connected products. Pending the connected product OS, app permissions are usually found within settings or within an application manager that can be found in settings. Most connected product owners have no idea what app permissions are much less know how to locate app permissions.

App permissions enable predatory apps to access, collect, and aggregated sensitive user data. Sensitive user data includes personal profile (“ID”), contact data, calendar data, email, text messaging, location data, geofence data, auto telematics, physical activity, physical condition, photos, videos, audio recordings, social media pages, accounts (personal & business), email attachments, instant messaging, plus other highly confidential information.

Predatory syncing and cross user data mining apps can access sensitive user data from multiple sources synced or connected to a smartphone. This means that sensitive user data is being data mined from multiple sources simultaneously. Multiple sources includes PC’s, accounts, software, or technology supported by compatible syncing technology. Cross user data mining apps can simultaneously data mine multiple connected individuals.

Predatory apps can also track users by the use of multiple tracking technologies. Users can be tracked by GPS, nearfield communications (“NFC”-tags, devices, etc.), Wi-Fi & WiMAX access points (“AP’s”), and other technologies connected to the internet. For example, a user with a smartphone supported by the android OS can enter a room that has a Sony 4K TV supported by the android OS enabling the TV and smartphone to sync sending the location of the smartphone user back to Google. A user can be tracked the same way by entering a connected auto supported by android auto. Users can be tracked via NFC tags at a Mall or retail store.

Per Eric Schmidt’s quote, companies such as Google say they need this much access to people’s lives to support the need for better internet searches or predictive technology or even AI. The truth is, AI and predicative technology work based on a total invasion of privacy by nontransparent methods. In reality, no one would willingly give a company such as Google the “permission” to monitor, track, and data mine their lives via products and services that require payment to participate. Furthermore, no one is being given the opportunity to opt out while still being able to participate.

Companies such as Google, Apple, and Microsoft have taken advantage of the legal process to enable warrantless surveillance plus the ability to access, collect, and aggregate sensitive user data. The terms of use for a smartphone include the wireless subscriber terms and conditions (“T&C’s”), OEM T&C’s, privacy policies, end user licensing agreements (“EULA’s”), and application permission statements that support the OS and pre-installed apps.

Each individual app is supported by a EULA that could add up to more than ten pages of complicated legalese per pre-installed app. Pending the OS and number of pre-installed apps, the legalese supporting a single smartphone could add up to more than 3,000 pages of intrusive predatory T&C’s designed to enable lawful access to personal and business information without due process. People do not realize they are clicking away their fourth amendment rights and enabling warrantless access to sensitive user data plus warrantless surveillance when they click on “I Agree” without reading the fine print.

How are consumers expected to give permission when app permissions are not transparent? Furthermore, how is a consumer expected to give permission when some predatory apps cannot be controlled nor disable forcing the consumer to participate in a nontransparent data mining business model? The ugly truth is, multinational corporations are making profits off of sensitive user data at the expense of the telecommunication subscriber’s privacy while the subscriber is expected to pay the bills. I can only describe the connected business model as “Digital Tyranny”.

In closing, nontransparent data mining is a threat to personal privacy, business data, child privacy, medical data, and legal data. Professionals working within the defense industry, critical infrastructure, and government entities are vulnerable to cyber security threats from multinational corporations that are enabled to develop predatory apps and content pre-installed into telecommunication products and connected devices such as PC’s and tablets.

I filed a formal FCC consumer privacy complaint against T-Mobile in July of 2015. The FCC complaint forced T-Mobile to admit that third-parties do in fact access sensitive user data from telecommunication subscribers that include android and iPhone users. Below is the quote from T-Mobile (I can produce the full letter upon request):

“We, too, remember a time before smartphones when it was reasonable to conclude that when you activated service with T-Mobile that only T-Mobile would have access to our personal information. However, with the Samsung Galaxy Note, the iPhone, and many other devices, there are indeed a variety of parties that may collect and use information.”- T-Mobile Privacy Team (November 6th, 2015/FCC Consumer Complaint #423849)

I believe all smartphone & connected product consumers and businesses should know that third-parties are accessing sensitive user data by way of predatory apps backed by a complex and torturous legal process. The other key issue is children under 18 who use smartphones and connected technology are also being monitored, tracked, and data mined by multinational corporations.

I am still trying to get transparency on how companies such as Google, Apple, Microsoft, Samsung, AT&T, T-Mobile, and others are using the sensitive user data. It is unsure if the sensitive user data is being sold, shared, used, purchased, or aggregated in manner that can hurt the telecommunication subscriber.

It would be unsettling to understand that we are paying carriers such as AT&T, Verizon, T-Mobile, and Sprint for products and services that could inadvertently bring harm to the telecommunication subscriber (“paying customer”) if the sensitive user data is being misused. After all we are the paying customer and we deserve transparency. I hope that people take action by contacting their technology providers and demand transparency.

Ironically, we are losing our fourth amendment rights to multinational companies from countries such as China rather than to our own government. If you don't believe me, read the following android app permission enabling BAIDU to access location services from US Smartphone subscribers:

Disclaimer:   I am not implying that any company mentioned in the article is unlawfully collecting nor unlawfully misusing sensitive user data, location data, or surveillance data.

Rex Lee

Source: 

Rex M. Lee
Business Analyst & Mobile Data Security Consultant
RML Business Consulting, LLC

Rlee@rmlbusinessconsulting.com
(210) 639.6035 (Direct)
“Success From Experience”

Friday, September 23, 2016		Volume 4 | Issue 187

Canada May Be Joining the Wireless Emergency Alert System

The United States has been on a mobile emergency alert system since 2012, and our friends to the North could be next. TheStar.com reported that the Canadian Radio-television and Telecommunications Commission (CRTC) is looking at adding a wireless public emergency alert system for Canadian residents, which will alert in times of bad weather, crime, or other threats.

The Canadian Wireless Telecommunications Association, which represents the largest players in Canada, told TheStar.com that “the public alerting system should be mandatory for all Canadian wireless carriers.” The nationwide system, if approved by the CRTC, may take a year to be in place and about $25 million.

The alerts will be “brief text messages, explaining in fewer than 90 characters what the emergency is and what action, if any, should be taken. Users receive a visual notification on their screen and a ring that is specific to emergency alerts—if their cellphone’s sound is on.”

Some pilot tests have gone out, including 20 mock alerts in the spring to test groups that included emergency responders, students, business owners and people with special needs, according to TheStar.com. Respondents were then asked to complete a survey. Data then will be turned over to the CRTC for further review.

Wireless Communication Solutions

USB Paging Encoder

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

Paging Data Receiver (PDR)

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

Other products

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

Contact

Hark Technologies 717 Old Trolley Rd Ste 6 #163 Summerville, SC 29485

Tel: 843-821-6888

Fax: 843-821-6894

E-mail: sales@harktech.com CLICK

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

SEE WEB FOR COMPLETE LIST:

www.preferredwireless.com/equipment

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

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.

Broadband Loop Support Data Due October 1

On September 19, the FCC issued a Public Notice announcing that in order to implement the Connect America Fund-Broadband Loop Support (CAF BLS) high-cost support mechanism, all carriers will be required to file with the Universal Service Administrative Company (USAC) forecasted cost and revenue data for the first six months of 2017 (January 1 to June 30) on October 1, 2016. The forecasted cost and revenue data will be collected on a revised version of FCC Form 508, which was originally used to collect forecasted interstate common line cost and revenue data for ICLS (the mechanism being replaced by CAF BLS). As proposed, the revised Form 508 will collect similar forecasted cost and revenue data associated with consumer broadband-only loops.

Headlines

REMINDER: Regulatory Fee Deadline is Tuesday, September 27, 2016

The FCC has recently released its Report and Order establishing the regulatory fees for Fiscal Year 2016. The deadline for payment of the regulatory fees is Tuesday, September 27, 2016.

Last year, the FCC made changes that will continue to benefit some of our clients. Notable among these changes are: (a) the increase of the de minimis exemption for the payment of regulatory fees from $10.00 to $500.00, (b) the establishment of a regulatory fee for 800 toll free numbers and (c) provided a fee for Direct Broadcast Satellite (DBS) as a subcategory of the cable television and Internet Protocol Television (IPTV) regulatory fee category. The FCC has also eliminated regulatory fees for the 218-219 MHz Service, the Broadcast Auxiliary Service and Satellite Television construction permits.

It is critically important that our clients meet the September 27, 2016 regulatory fee payment deadline. In addition to the 25 percent late fee and additional administrative fees, the FCC has also indicated that it will place regulatees that fail to make their fee payments in a timely manner in a “Red Light Status,” which will delay the receipt of any USF payments as well as delay the processing of any FCC applications or petitions. Should a fee remain unpaid long enough, the FCC could also take action dismiss applications and potentially revoke any FCC authorizations held by the regulatee. In this regard, if you are exempt from the payment of regulatory fees – either because of your status as a non-profit or governmental entity or because the sum of your total regulatory fees would be less than $500.00, we recommend that a letter be prepared and filed with the FCC so that the Commission is aware of your exempt status and is less likely mistakenly place you in a red-light status.

Further information regarding the payment regulatory fees will be coming out in targeted memos to our retainer clients.

Chairman Wheeler Promises to Review Data Roaming Rules

Speaking to the Competitive Carriers Association in Seattle on September 20, FCC Chairman Tom Wheeler indicated he would work with the other Commissioners to adopt a Notice of Proposed Rulemaking revising data roaming rules. “CCA has been vocal in holding the Commission to its word and calling on us to apply uniform roaming standards across voice and data services. We’ve heard you, and we’re ready to act. Before the end of the year, I plan to call on my fellow Commissioners to adopt a Notice of Proposed Rulemaking on the Commission’s data roaming framework,” said Chairman Wheeler.

Chairman Wheeler appeared to recognize the fact that it is an issue primarily caused by large providers:

To compete in the mobile marketplace, carriers must be able to offer nationwide coverage. Roaming agreements have made it possible for smaller providers — particularly in rural areas — to do business. The Commission’s 2011 data roaming Order was, at that time, a significant step to preserve roaming for the Internet age, but our roaming rules are already due for a fresh look. In the past two years, multiple providers have filed formal complaints and requests for mediation alleging that the data roaming rates offered by larger providers are commercially unreasonable. Because of high rates, we know that some smaller providers have placed usage and speed restrictions on data roaming traffic.

Chairman Wheeler also indicated that the FCC is working to move forward with Phase II of the Mobility Fund, by the end of this year. But first, he indicated the need to revise data collection to better target funding. Therefore, the Chairman indicated that the FCC would be using Form 477 data, which contains network coverage data, instead of the census-block level data used for Mobility Fund Phase I. According to Chairman Wheeler, “[Form 477] data allows the Commission to create a significantly more detailed picture of actual wireless coverage within the census block. Instead of generalities, we can drill much deeper to see that there’s coverage here, but there’s not coverage there.”

The Chairman also touched on the ongoing reverse auction for broadcast spectrum, 5G, and backhaul issues. The full remarks can be found here.

WCB Publishes Annual Adjustment of Revenue Thresholds

On September 20, the FCC’s Wireline Competition Bureau announced the inflation-adjusted 2015 revenue thresholds used for classifying carrier categories for various accounting and reporting purposes: (1) distinguishing Class A carriers from Class B carriers; and (2) distinguishing larger Class A carriers from mid-sized carriers. Specifically, the revenue threshold between Class A carriers and Class B carriers is increased to $155.0 million. The revenue threshold between larger Class A carriers and mid-sized carriers is increased to $9.18 billion.

According to the Public Notice, the revenue thresholds for 2015 were determined as follows:

Law & Regulation

FCC Fines Long Distance Carriers for Unauthorized Charges

On September 15, the FCC announced $11 million in fines against three related long distance carriers for “cramming” unauthorized charges onto consumer telephone bills, “slamming” consumers by switching their preferred phone carriers without authorization, deceptive marketing, and violating the FCC’s truth-in-billing rules. The companies, Central Telecom Long Distance, Consumer Telcom, and U.S. Telecom Long Distance, are run as one operation by Data Integration Systems, Inc.

According to a press release, the FCC’s Enforcement Bureau reviewed over 260 consumer complaints about the three California-based companies. Many of the complaints were submitted by or on behalf of consumers who had neither heard of the companies nor intended to sign up for their services.

The companies’ telemarketers are purported to have falsely claimed that they were calling on behalf of the consumers’ real telephone carriers about a change in existing service. The companies then misused consumers’ answers to switch their long distance carriers to one of the companies. When customers realized what had occurred and returned to their preferred carriers, these companies continued to charge consumers a recurring monthly fee. The companies also failed to clearly and plainly describe the charges included in their customer bills, as required by the FCC’s rules.

FCC Proposes $100,000 Forfeiture for Missed Form 499 Filings

On September 14, the FCC’s Enforcement Bureau proposed a penalty of $100,000 against UnityComm, LLC (UnityComm) for failing to timely file Telecommunications Reporting Worksheets (Worksheets) with the Universal Service Administrative Company (USAC). According to the FCC’s Notice of Apparent Liability, the company’s failure to file gave it “an unfair economic advantage over its competitors who, because of UnityComm’s apparent filing violations, had to pay more than their fair share of the costs of these important federal regulatory fee programs.”

Specifically, UnityComm apparently failed to file two Quarterly Worksheets (499-Q), which were due May 1 and August 1, 2016. Under FCC precedent, the FCC proposed forfeitures of $50,000 for each failure to file. UnityComm may seek reduction or cancellation of the forfeiture under the FCC’s rules.

Senate Holds FCC Oversight Hearing

On September 15, the Senate Committee on Commerce, Science, and Transportation held a hearing on oversight of the FCC. Each of the five sitting FCC Commissioners testified.

• Chairman Wheeler provided details on progress of the incentive auction, the 5G Spectrum Frontiers initiative, competition in the Business Data Services market, the set-top box unlocking initiative, internet privacy, robocalls, and Lifeline modernization.
• Commissioner Pai discussed ensuring direct dial 911; helping law enforcement locate 911 callers in emergencies; freeing up 5 GHz spectrum for the next generation of unlicensed use; opening up spectrum bands above 24 GHz for 5G and other innovative wireless technologies; and moving forward with ATSC 3.0, the next-generation broadcast standard.
• Commissioner Clyburn discussed the launch of her #Connecting Communities Tour, an NPRM on independent programming, the Connect2Health Task Force and deployment of 5G wireless services.
• Commissioner Rosenworcel spoke about two ways to kick-start 911 modernization. First, she highlighted the need to end fee diversion, where state and local authorities collect funds to support 911 service but rarely use the money for that purpose. Second, she called for the implementation of Section 6503 of the Middle Class Tax Relief and Job Creation Act of 2012, which reinstates the joint 911 Implementation Office and authorizes a $115 million grant program to update 911.
• Commissioner O’Rielly discussed the future of 5G and wireless infrastructure, the set-top box unlocking initiative, and criticized the FCC’s process reform efforts. Specifically, “the Process Review Task Force, created by the Chairman, has failed to deliver and practically no procedural changes have been permitted.”

Industry

FCC Announces Broadband Deployment Percentage for Rate-of-Return Carriers

On September 19, the FCC’s the Wireline Competition Bureau announced the weighted average broadband deployment for all rate-of-return carriers and the relevant deployment figure for each individual carrier based on the December 2015 Form 477 data. These broadband deployment percentages will be used to calculate the capital investment allowance for 2017. They will also be used to calculate the five-year broadband deployment obligations for rate-of-return carriers that receive support based on legacy mechanisms ( i.e. 2017 through 2021). Based on the December 2015 data, the weighted average broadband deployment for all rate-of-return carriers is 74 percent. The deployment figure for each individual carrier can be found at: https://transition.fcc.gov/wcb/RorCoveredDec2015.xlsx .

Deadlines

SEPTEMBER 28: EAS TEST. The FCC’s Public Safety and Homeland Security Bureau, in collaboration with FEMA, will conduct a nationwide test of the Emergency Alert System (or “EAS”) on Wednesday, September 28, 2016, at 2:20 PM EDT. Entities required under the Commission's rules to comply with EAS rules (“EAS Participants”) include broadcast radio and television stations, and wired and wireless cable television systems, DBS, DTV, SDARS, digital cable and DAB, and wireline video systems. Under FCC Part 11 Rules, EAS Participants are required to file their “day of test” data within 24 hours of any nationwide EAS test or as otherwise required by the Bureau. The September nationwide EAS test will be the first time that test data will be captured and analyzed using the EAS Test Reporting System (ETRS). EAS Participants must file the “day of test” information sought by ETRS Form Two at or before 11:59 PM EDT on September 28, 2016. EAS Participants must file the detailed post-test data sought by ETRS Form Three on or before November 14, 2016.

SEPTEMBER 30: FCC FORM 396-C, MVPD EEO PROGRAM REPORTING FORM. Each year on September 30, multi-channel video program distributors (“MVPDs”) must file with the Commission an FCC Form 396-C, Multi-Channel Video Programming Distributor EEO Program Annual Report, for employment units with six or more full-time employees. Users must access the FCC’s electronic filing system via the Internet in order to submit the form; it will not be accepted if filed on paper unless accompanied by an appropriate request for waiver of the electronic filing requirement. Certain MVPDs also will be required to complete portions of the Supplemental Investigation Sheet (“SIS”) located at the end of the Form. These MVPDs are specifically identified in a Public Notice each year by the FCC.

NOVEMBER 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. The FCC has modified this form in light of its decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual Form 499-A that is due April 1.

Calendar At-A-Glance

September
Sep. 26 – EAS Participants must have all updates or corrections to Form One of the ETRS filed.
Sep. 27 – Regulatory fee deadline.
Sep. 28 – EAS Test. Form Two of the ETRS due before midnight.
Sep. 30 – FCC Form 396-C (MVPD EEO Program Annual Report).

October
Oct. 1 – Deadline to file Broadband Loop Support Data.
Oct. 15 – 911 Reliability Certification.

November
Nov. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Nov. 14 – Form Three of the ETRS is due.

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