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Surfside Beach Fire strengthens communication with digital pagers

By Staci Inez Published: April 28, 2017, 1:43 pm

SURFSIDE BEACH, SC (WBTW) — The Surfside Beach Fire Department is on track to improve its communication with dispatchers to be able to respond to calls more quickly and know what to expect upon arrival.

Horry County is creating a new paging system and recently required the Surfside Beach Fire Department to upgrade its current pagers to new, digital pagers. 

With help from the Firehouse Subs Public Safety Foundation, the Surfside Beach Fire Department received a grant for about $8,000 to purchase the equipment. 

“We’ve got these men and women who have dedicated their lives to protect ours and we want to be sure they have the best tools to make that happen,” said Firehouse Subs Public Safety Foundation Director Robin Peters. 

With the new pagers, firefighters will be able to read on a screen what type of call they are responding to. Previously, they were only able to listen to the type of call, so if they didn’t hear information like an address, they would be slowed down by asking dispatch to repeat it. 

“We no longer have to be able to hear the pager; all we have to do is read it and we can tell what type of a call it is,” said Surfside Beach Fire Chief Kevin Otte. “It helps us to realize what type of equipment we will need to respond and how many personnel we may need to respond as well.” 

The department will have 45 new pagers, and Chief Otte said they are expecting to begin using them within the next two months.

[source]

Now on to more news and views.

Wayne County, Illinois

Emergency Radio Communications Wireless Messaging Critical Messaging Two-way Radio Technology Telemetry Science Paging Wi-Fi

Wireless Messaging

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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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Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!

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STG (SIP to TAP Gateway)

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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 [in simulcast mode] . 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 ]

[Thanks to Tom Harger Chief Engineer at Contact Wireless for the correction above in red.]

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Spok Reports 2017 First Quarter Operating Results; Software Bookings and Backlog Increase, Wireless Trends Improve

Board Declares Regular Quarterly Dividend, Authorizes $10 Million Stock Repurchase Program

April 26, 2017 04:10 PM Eastern Daylight Time

SPRINGFIELD, Va.—(BUSINESS WIRE)— Spok Holdings, Inc. global leader in healthcare communications, today announced operating results for the first quarter ended March 31, 2017. In addition, the Company’s Board of Directors declared a regular quarterly dividend of $0.125 per share, payable on June 23, 2017 to stockholders of record on May 23, 2017.

2017 First-Quarter Results:

In the 2017 first quarter, consolidated revenue was $41.4 million, compared to $45.4 million in the first quarter of 2016 and $44.2 million in the fourth quarter of 2016. Software revenue was $15.6 million in the first quarter of 2017, compared to $17.2 million in the first quarter of 2016. Wireless revenue totaled $25.8 million in the first quarter, compared to $26.5 million in the prior quarter and $28.2 million in the prior-year quarter.

Net income for the first quarter of 2017 was $0.9 million, or $0.04 per share, compared to $3.4 million, or $0.17 per share, in the first quarter of 2016.

First quarter EBITDA (earnings before interest, taxes, depreciation, amortization and accretion) totaled $4.6 million, or 11.1 percent of revenue, down from $7.9 million, or 17.8 percent of revenue, in the prior quarter, and $9.1 million, or 20.1 percent of revenue, in the first quarter of 2016.

Other key results and highlights for the first quarter of 2017 included:

• Software bookings of $19.8 million, compared to $15.1 million in the prior year quarter. First quarter 2017 bookings included $9.5 million of operations bookings and $10.3 million of maintenance renewals, compared to $5.6 million of operations bookings and $9.5 million of maintenance renewals in the first quarter of 2016.
• Software backlog totaled $40.6 million at March 31, 2017, compared to $38.3 million at December 31, 2016, and $36.8 million in the year earlier period.
• Of the $15.6 million in software revenue for the first quarter, $6.0 million was operations revenue and $9.6 million was maintenance revenue, compared to $8.1 million and $9.1 million, respectively, of the $17.2 million in software revenue in the first quarter of 2016.
• The renewal rate for software maintenance in the first quarter of 2017 was greater than 99 percent.
• The quarterly rate of paging unit erosion was 1.8 percent in the first quarter of 2017, compared to 1.7 percent in the year-earlier quarter. Net paging unit losses were 20,000 in the first quarter of 2017, consistent with net paging losses in the first quarter of 2016. Paging units in service at March 31, 2017 totaled 1,091,000, compared to 1,153,000 at the end of the prior year period.
• The quarterly rate of wireless revenue erosion was 2.5 percent in the first quarter of 2017 versus 1.9 percent in the year-earlier quarter.
• Total paging ARPU (average revenue per unit) was $7.56 in the first quarter of 2017, compared to $7.59 in the prior quarter and $7.77 in the year-earlier quarter.
• Consolidated operating expenses (excluding depreciation, amortization and accretion) totaled $36.8 million in the first quarter of 2017, compared to $36.3 million in the year-earlier quarter, and $36.3 million in the prior quarter.
• Capital expenses were $2.9 million in the first quarter of 2017, compared to $1.4 million in the year-earlier quarter.
• The number of full-time equivalent employees at March 31, 2017 totaled 599, compared to 587 at year-end 2016 and 595 at March 31, 2016.
• Capital returned to stockholders in the first quarter of 2017 totaled $7.7 million, in the form of $2.6 million from the regular quarterly dividend and $5.1 million from the special dividend that was declared in December 2016 and paid in January 2017.
• The Company’s cash balance at March 31, 2017 was $118.9 million, compared to $111.9 million at March 31, 2016, and $125.8 million at the prior year-end.

Management Commentary:

“We are encouraged with our performance in the first quarter of 2017 and believe that it provides a solid base for the remainder of the year,” said Vincent D. Kelly, chief executive officer. “We posted the largest first quarter software bookings result in our history and saw strong year-over-year performance in a number of other key operating measures, including average deal size, number of new logo deals, backlog levels, as well as wireless subscriber retention. We achieved these results, as we increased our investment in our business by enhancing and upgrading our product development team and tools, as well as our sales infrastructure and management. As we have previously outlined, while these investments will lower our margins over the next several years, we believe this effort will yield significant future benefits in the form of our improved, integrated communication platform, Spok Care Connect®, as well as higher future bookings levels, and ultimately margins, supported by our enhanced and upgraded sales team. Overall, we continued to operate profitably, enhance our product offerings, and operate as a debt-free company. We also executed against our capital allocation strategy, by continuing to make key strategic investments in our business while returning cash to our stockholders during the quarter in the form of dividends.”

Commenting on software results, Kelly said: “We were particularly pleased with the strong software bookings levels, as we posted the largest first quarter results in our company’s history.” Kelly also attributed a more than 99 percent renewal rate on software maintenance contracts as a key driver of software revenue levels. Similar to Spok’s wireless revenue stream, software maintenance revenue is a largely recurring revenue stream that provides the Company with a more stable revenue base.

Kelly said first quarter bookings of $19.8 million included record highs for both operations and maintenance, while the software backlog of $40.6 million at March 31 ^st was up more than 10 percent from the prior year quarter. “We will continue to focus on generating activity through the remainder of the year and are encouraged as bookings included sales to both new and current customers, with existing customers adding products and applications to expand their portfolio of communications solutions. Customer demand remained strongest for upgrades to call center solutions, healthcare applications to increase patient safety, and improved nursing workflows.” Kelly added: “We continue to see growing demand for our software solutions for smartphone communications, secure texting, emergency management, and clinical alerting.”

Kelly noted that in addition to the Company’s quarterly financial performance, progress was made in several other areas, including product development, sales strategy and key strategic partnership agreements. “Spok continues to build an industry-leading reputation, and is generating sales momentum at the conferences we attend,” commented Kelly. “During the quarter, we generated tremendous activity from tradeshows and positioned Spok as a thought-leader in our industry. At the American Organization of Nurse Executives (AONE) conference, our chief nursing officer hosted a focus group to discuss nursing challenges in the current healthcare environment. We also continue to benefit from the leads generated at the 2017 HIMSS Annual Conference that we attended in late February. Our sales teams intend to carry the momentum generated at these conferences and tradeshows throughout 2017. The combination of Spok’s strong team, solid financial base and industry-leading products and services, positions us to capture the opportunity in our chosen markets and stimulate sustainable growth.”

The Company posted solid results for its wireless products and services in the first quarter. Gross pager placements of 28,000 and gross disconnects of 48,000 were in-line with the year-earlier quarter. “As a result, annual net pager losses declined to an historical low of 5.4 percent, on a twelve-month trailing basis, and were 1.8 percent in the first quarter, in-line with the prior-year quarter,” continued Kelly. “Overall, wireless sales efforts continued to focus primarily on our core market segments of Healthcare, Government and Large Enterprise, which represented approximately 92.3 percent of our subscriber base and 90.5 percent of our paging revenue at quarter end. Healthcare comprised 79.7 percent of our subscriber base, and continued to be our best performing market segment with the highest rate of gross placements and lowest rate of unit disconnects.”

Spok returned capital to stockholders, totaling $7.7 million, in the first quarter of 2017. During the period, the Company paid $2.6 million in regular quarterly dividends and $5.1 million in the special dividend that was declared in December 2016 and paid in January 2017. Kelly added, “Throughout 2017, we will remain focused on returning value to our shareholders through our capital allocation strategy, which includes dividends and key strategic investments in our products and business that will create sustainable growth. We continue to evaluate our capital allocation strategy on a quarterly basis and will communicate our plans to you with respect to dividends, potential share repurchases and other uses of capital.”

Stock Repurchase Authorization:

The Company also announced that its Board of Directors has authorized the repurchase of up to $10 million of the Company’s common stock through 2017 on the open market or in privately negotiated transactions. “Spok’s management team and Board of Directors firmly believe in our long-term growth prospects,” said Kelly. “We intend to utilize our healthy balance sheet and the ability to generate operating cash flow to fund the new repurchase program, which we believe will create further value for our stockholders.”

The timing and the amount of any repurchases of common stock will be determined by Spok’s board based on its evaluation of market conditions and other factors. Repurchases of common stock will be made under a Rule 10b5-1 plan, which would permit common stock to be repurchased when the Company might otherwise be precluded from doing so under insider trading laws. The repurchase program may be suspended or discontinued at any time. Any repurchased common stock will be available for use in connection with the Company's stock plans and for other corporate purposes.

Chief Financial Officer (CFO) Transition:

Late in the first quarter, Spok announced that Michael W. Wallace had joined the Company as its new CFO. He succeeded Shawn E. Endsley in that position, who has continued with the company in the role of Chief Accounting Officer. Wallace brings with him a proven ability to manage the finance function in a rapidly growing and changing environment and implementing strategies for improving revenue and profitability. “I am excited to welcome Mike to Spok’s management team, where he has already had an immediate impact as we continue our transition from a telecom-based wireless company to a software provider that delivers industry-leading unified healthcare communications solutions,” said Kelly. “We are particularly impressed with Mike’s deep experience in medical diagnostic services, software development, digital/interactive marketing and regulatory compliance.”

Business Outlook:

Commenting on the Company’s previously provided financial guidance for 2017, Wallace noted: “We are pleased that quarterly results were consistent with our expectations and we are maintaining the 2017 guidance range that we provided last quarter.” With regard to financial guidance for 2017, Wallace reiterated that the Company expects total revenue to range from $161 million to $177 million, operating expenses (excluding depreciation, amortization and accretion) to range from $153 million to $159 million, and capital expenditures to range from $8 million to $12 million.

2017 First-Quarter Call and Replay:

The Company plans to host a conference call for investors to discuss its 2017 first quarter results at 10:00 a.m. ET on Thursday, April 27, 2017. Dial-in numbers for the call are 719-325-2126 or 800-210-9006. The pass code for the call is 6321677. A replay of the call will be available from 1:00 p.m. ET on April 27, 2017 until 1:00 p.m. ET on Thursday, May 11, 2017. To listen to the replay, please register at http://tinyurl.com/spokQ1earningsreplay . Please cut and paste this address into your browser, enter the registration information, and you will be given access to the replay.

About Spok

Spok Holdings, Inc. (NASDAQ: SPOK), headquartered in Springfield, Va., is proud to be the global leader in healthcare communications. We deliver clinical information to care teams when and where it matters most to improve patient outcomes. Top hospitals rely on the Spok Care Connect® platform to enhance workflows for clinicians, support administrative compliance, and provide a better experience for patients. Our customers send over 100 million messages each month through their Spok ^® solutions. When seconds count, count on Spok. For more information, visit spok.com or follow @spoktweets on Twitter.

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 Spok’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 Spok’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 demand for our software products and services, our ability to develop additional software solutions for our customers and manage our development as a global organization, the ability to manage operating expenses, future capital needs, competitive pricing pressures, competition from both traditional paging services and other wireless communications services, competition from other 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 our periodic reports and other filings with the Securities and Exchange Commission. Although Spok 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. Spok disclaims any intent or obligation to update any forward-looking statements.

[Financial Tables at source.]

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2.4GHz is a headache for Wi-Fi users, and it’s here to stay

WLAN experts share tips on how to deal with 2.4 GHz vs. 5 GHz Wi-Fi

By Jon Gold SENIOR WRITER, NETWORK WORLD
APR 27, 2017 10:53 AM PT

Credit: Thinkstock

Current-generation Wi-Fi technology lives in the 5GHz band. Almost all of the major innovation in wireless standards takes place in the relatively untroubled frequencies around 5GHz (and well above), where there’s little radio competition and the living is easy.

But wireless LAN users can’t just stay comfortable in the 5GHz realm – the older 2.4GHz frequency bands are a necessary part of most wireless implementations, and they’re rarely a favorite of the people who have to build and operate Wi-Fi networks.

LIVING WITH 2.4GHZ WLANS

There are several reasons for that, according to author and WLAN expert Keith Parsons. For one thing, older Wi-Fi devices are forced to share a much more limited number of channels in and around the 2.4GHz bands.

Part of the reason that 2.4GHz Wi-Fi spectrum is so crowded is that manufacturers continue to make endpoints that depend on it, instead of switching to 5GHz, Parsons tells Network World.

“Perhaps not in smartphones or tablets, but many Chromebooks are 2.4GHz only, even today,” he says.

Adrian McCaskill, a wireless architect for World Wide Technology, says that the effect of frequency overcrowding is to limit the amount of air time individual devices have to send and receive data.

“The 2.4GHz spectrum is really noisy compared to 5GHz in general,” he says. “So devices have to wait longer times to get access to the medium. And if you have to support even one legacy 2.4GHz (802.11b ) client it slows down the entire 2.4 environment for all devices. It's definitely a balancing act.”

Some users take the direct approach to the 802.11b problem, like University of Michigan principal systems security development engineer Walt Reynolds.

“We offer the coverage for those who still have devices that need it,” he said, “but we do disable the [802.11]b rates to eliminate those rates slowing down users’ connections.”

Another reason for 2.4GHz-related headaches is a simple lack of space – in the 5GHz ranges, there’s 500MHz of usable spectrum, but just 80MHz for 2.4GHz. What’s more, the fact that the frequency is lower means that its signals propagate farther. While effective range is nice, this also means that it’s much easier for 2.4GHz access points to interfere with one another.

2.4GHz devices not only share that limited amount of spectrum with each other, but with a host of other radio technologies that can potentially interfere with signals. Everything from Bluetooth to old-style cordless phones to wireless cameras and all sorts of embedded devices use the frequency bands around 2.4GHz.

That’s not necessarily the exclusive fault of the device makers, according to Farpoint Group principal and Network World contributor Craig Mathias. Embedded wireless devices — particularly in fields like medicine — can be very tough to upgrade or replace.

“The government can also take a very long time approving new devices and new radios in regulated applications, so many users are just stuck,” he says.

According to Mathias, there’s nothing inherently wrong with 2.4GHz — the real issue is that the outdated 802.11g standard that still has to be used in some settings is garbage. Future Wi-Fi standards should change that, however.

“[802.11ax] should work just fine in the 2.4GHz bands and may finally be the nail in the coffin of .11g that we all so richly need and deserve,” he says.

OFFERING WLAN ADVICE

Working successfully with 2.4GHz isn’t simple, but Parsons says that architecting for 5GHz first can help both frequency ranges.

“Backfill with just enough 2.4GHz to make those devices meet their requirements,” he advises. “The only devices that should be on the 2.4GHz network are those that cannot do 5GHz.”

Mathias adds that minimizing the use of outdated wireless tech is the best idea for a smoothly functioning environment.

“In general, we recommend to clients that they eliminate the use of all Wi-Fi technologies before .11n (including .11g), but such is not always easy,” he says. “11n in the 2.4 bands works just fine … and there's really no reason not to use it.”

This story, "2.4GHz is a headache for Wi-Fi users, and it’s here to stay" was originally published by Network World.

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

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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.

Friday, April 28, 2017	Volume 5 | Issue 84

Pai Opts For Classifying Broadband From Commercial to Private Service

As he said he would, FCC Chairman Ajit Pai had the Commission release a draft Notice of Proposed Rulemaking on the Open Internet yesterday. If passed, the changes proposed by the Chairman would include re-instating the classification of all internet access services, including both fixed and broadband, as information services. That means they’d revert back to being treated as private, rather than commercial services, an FCC official explained to reporters.

In 2015, the internet access services were re-defined as common carrier services, Inside Towers reported. The Chairman said this week the change stifled broadband investment and deployment, especially in low-income urban and rural areas.

The Small Business Administration considers the majority of the some 1,368 wireless telecom carriers to be small because most of them employ less than 1,000 people, according to the NPRM, citing U.S. Census Bureau data from 2012. Pai said smaller ISPs told the agency the re-classification introduced regulatory uncertainty into the broadband rollout, making it harder for them to get funding.

The FCC also proposes to return authority of policing the privacy practices of ISPs to the Federal Trade Commission. The FTC goes after companies for committing “unfair and deceptive trade practices,” according to an FCC official speaking on background. An example would be sharing a consumer’s sensitive information. The FTC “has strong enforcement authorities regardless of what the FCC does.”

The current rules on the books would be enforced until any change is passed. The modifications were controversial before and remain so; the FCC received some four million comments on the issue before the last change in 2015; an agency official acknowledged that given the history of this issue, “it’s highly likely no matter what we do that this will end up in court,” meaning on appeal. Pai intends to brief members of the House Energy & Commerce Committee on his plans and seek guidance from lawmakers today. Meanwhile, the public is invited to comment on the issue; those are due by July 17, to WC Docket 17-108.

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USB Paging Encoder

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• 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)

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• 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 [sometimes more—sometimes less] 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 of The Wireless Messaging News with the firm’s permission. Contact information is included at the end of the newsletter.

REMINDER: STUDY AREA BOUNDARY RECERTIFICATION DUE MAY 26

In addition to the obligation to submit updated information when study area boundaries change, all ILECs are required to recertify their study area boundary data every two years. The recertification is due this year by May 26, 2017. Where the state commission filed the study area boundary data for an ILEC, the state commission should submit the recertification. However, where the state commission did not submit data for the ILEC and the ILEC submitted the study area boundary data, then the ILEC should submit the recertification by May 26, 2017.

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

Headlines

FCC Adopts Business Data Service Order in Price Cap Areas, Final Text Not Yet Available

At its April 20 Open Meeting, the FCC adopted an Order “moderniz[ing] regulation in significant portions of the [Business Data Service] market” in price cap areas. While the final text of the Order is not yet available, a Press Release indicates that key findings and resulting changes include the following:

• Competition for packet-based services at speeds exceeding 45 Megabits per second (the top speed of TDM “DS3” services) is widespread, making pricing regulation counterproductive for these services
• Continued price regulation for legacy TDM-based BDS in areas deemed competitive may stifle investment and inhibit the transition to modern IP services. The Order adopts a competitive market test which determines that pricing regulation is no longer required when either of the following conditions are met:
  • 50 percent of the buildings in a county are within a half-mile of a location served by a competitive provider, or
  • 75 percent of the census blocks in a county have a cable provider present
• After a transition period, ILECs in counties meeting the competitive market test will no longer file tariffs with the FCC. In counties that do not meet the competitive market test, the Order retains price regulation for lower speed TDM connections to end-users. The Order allows ILECs to offer volume and term discounts, as well as contract tariffs (known as “Phase I pricing flexibility” under the FCC’s old rules)
• The Order extends uniform forbearance from certain rules that had previously been granted unevenly. This change includes forbearance from tariffing for all packet-based BDS
• The Order updates price cap regulation where it remains by reducing the cap annually by 2 percent on a going-forward basis to account for productivity gains. This productivity adjustment is known as the “X-factor.” While the X factor has not been adjusted since 2005, when it was set at the rate of inflation, the Order concluded that no catch-up adjustment is warranted since inflation offset productivity gains for TDM services. The new X-factor takes effect on December 1, 2017
• Packet-based and TDM telecommunications services continue to be subject to statutory requirements that rates, terms, and conditions be just and reasonable, enforceable through the complaint process. The Order also concludes that certain business data services constitute private carriage rather than common carriage

On April 19, the European Union’s Delegation to the United States of America wrote a letter to the FCC expressing concern with the draft Order. According to the letter, the Order may be harmful for consumers and competition and will contribute to “imbalance in BDS regulatory practices that already exists between the U.S. and the EU and other nations.” The Delegation asked the FCC to re-examine the conclusions of the draft Order, particularly with regard to how competition is defined and whether competition has indeed been realized in the BDS market.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer.

FCC Adopts NPRM/NOI on Pole Attachment, Copper Retirement, and State Law Preemption

On April 21, the FCC released a Notice of Proposed Rulemaking, Notice of Inquiry, and Request for Comment on “a number of actions designed to accelerate the deployment of next-generation networks and services by removing barriers to infrastructure investment.” Comment deadlines have not yet been established. Several important topics addressed in the voluminous document are highlighted below.

Pole Attachment. The FCC is seeking comment on ways to reduce pole attachment costs and speed access to utility poles. Proposals include:

• Reducing the timeframe for utilities to review and make a decision on a completed pole attachment application and shortening the make-ready work timeframe.
• Allowing new attachers to use utility-approved contractors to perform “routine” make-ready work and also to perform “complex” make-ready work ( i.e., make-ready work that reasonably would be expected to cause a customer outage) in situations where an existing attacher fails to do so, or to perform routine make-ready work in lieu of the existing attacher performing such work.
• Requiring utilities to provide potential new attachers with a schedule of common make-ready charges to create greater transparency for make-ready costs; limiting make-ready fees imposed on new attachers to the actual costs incurred to accommodate a new attachment; allowing utilities to set a standard charge per pole that a new attacher may choose in lieu of a cost-allocated charge; and excluding capital costs that utilities already recover via make-ready fees and are not otherwise recoverable through make-ready fees from pole attachment rates
• Eliminating the requirement that ILEC attachers demonstrate they are “comparably situated” to a telecommunications provider or a cable operator; instead the incumbent LEC would receive the telecommunications rate unless the utility pole owner can demonstrate with clear and convincing evidence that the benefits to the incumbent LEC far outstrip the benefits accorded to other pole attachers.
• Introducing a reciprocal system of infrastructure access rules in which incumbent LECs, pursuant to Section 251(b)(4) of the Act, could demand access to competitive LEC poles and vice versa, subject to the rates, terms, and conditions described in Section 224.

Copper Retirement. The FCC proposes a number of revisions to Part 51 network change disclosure rules and seeks comment on streamlining and/or eliminating provisions of the more generally applicable network change notification rules. Proposals include:

• Eliminating changes to the copper retirement process adopted by the FCC in the 2015 Technology Transitions Order, such as requiring an incumbent LEC to serve its notice only to telephone exchange service providers that directly interconnect with the incumbent LEC’s network, as was the case under the predecessor rule.
• Reinstating the prior copper retirement notice rules.
• Eliminating all differences between copper retirement and other network change notice requirements, rendering copper retirement changes subject to the same long-term or, where applicable, short-term network change notice requirements as all other types of network changes subject to Section 251(c)(5)

Section 214 Discontinuance. The FCC proposed a number of targeted measures to shorten timeframes and eliminate process encumbrances that are part of the discontinuance process. Proposals include:

• Reducing Section 214(a) discontinuance process for applications that seek authorization to stop accepting new customers for the service while maintaining service to existing customers (a.k.a. “grandfathering”) to 10 days.
• Changing the list of eligible services for grandfathering.
• Adopting a streamlined uniform comment period of 10 days and an auto-grant period of 31 days for both dominant and non-dominant carriers for discontinuance of services that have been grandfathered for at least 180 days.
• Reversing a prior FCC clarification that Section 214(a) of the Act applies not only to a carrier’s own retail customers, but also to the retail end-user customers of that carrier’s wholesale carrier-customers.

State Laws Inhibiting Broadband Deployment. The FCC also sought comment on how it could adopt rules that would help decrease State-sponsored impediments to broadband deployment. Such rules would be aimed at:

• Prohibiting state or local moratoria on market entry or the deployment of telecommunications facilities.
• Eliminating excessive delays in negotiations and approvals for rights-of-way agreements and permitting for telecommunications services.
• Prohibiting excessive fees and other costs that may have the effect of prohibiting the provision of telecommunications service.
• Prohibiting unreasonable conditions or requirements in the context of granting access to rights-of-way, permitting, construction, or licensure related to the provision of telecommunications services.
• Banning bad faith conduct in the context of deployment, rights-of-way, permitting, construction, or licensure negotiations and processes

Other Matters. The FCC also sought comment on:

• “the functional test,” an interpretation of Section 214(a) that obligates the FCC to look beyond the terms of a carrier’s tariff and instead consider the totality of the circumstances from the perspective of the relevant community when analyzing whether a service is discontinued, reduced, or impaired under Section 214; and
• interpreting “service” within the meaning of Section 214’s discontinuance requirement as encompassing the entire range of offerings that are available to a community, or part of a community.

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

FCC Grants Petition for Reconsideration of USF Construction Limits

On April 26, the FCC released its Order on Reconsideration granting the petition for reconsideration filed by NTCA–The Rural Broadband Association (NTCA) of the average per-location, per-project construction limitation on universal service support provided for in the Rate of Return Reform Order. According to the Order on Reconsideration, “amending the rule … will encourage carriers to plan cost-effective broadband deployment projects that include higher-cost locations, while maintaining adequate incentives for the efficient use of universal service funds.”

Specifically, the “Maximum Average Per-Location Construction Project Limitation” rule will now disallow only the portion of a project’s expenses that exceed the average per-location threshold. Previously, the rule precluded carriers from seeking universal service support for all capital expenses associated with any construction project with average per-location costs above the limit.

For example, under the old rule, , if a carrier subject to a $10,000 average per-location limitation developed a project costing $105,000 to serve 10 locations ( i.e., with an average cost per-location served of $10,500), the cost of the entire project would be disallowed. Under the revised rule, the carrier would report $100,000 ( i.e., $10,000 per location) for universal service support purposes and exclude $5,000 (i.e., the amount in excess of $10,000 per location).

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

FCC Adopts Order on Wireless Broadband Deployment

On April 21, the FCC released a Notice of Proposed Rulemaking and Notice of Inquiry “commenc[ing] an examination of the regulatory impediments to wireless network infrastructure investment and deployment, and how it may remove or reduce such impediments consistent with the law and the public interest, in order to promote the rapid deployment of advanced wireless broadband service to all Americans.” Comment deadlines have not yet been established.

Streamlining State and Local Review. In this section, the FCC attempts to address the process for reviewing and deciding wireless facility deployment applications conducted by State and local regulatory agencies. Proposals include: (i) a “deemed granted” remedy in which a non-Spectrum Act siting application would be “deemed granted” if a State or local agency responsible for land-use decisions fails to act on it by the applicable shot clock deadline and (ii) adopting different time frames for review of facility deployments not covered by the Spectrum Act. The FCC also seeks comment on whether some localities are continuing to impose moratoria or other restrictions on the filing or processing of wireless siting applications, including refusing to accept applications due to resource constraints or due to the pendency of state or local legislation on siting issues, or insisting that applicants agree to tolling arrangements.

Reexamining NHPA and NEPA Review. In this section, the FCC takes a “comprehensive fresh look” at the rules and procedures implementing the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) as they relate to the implementation of Title III of the Act in the context of wireless infrastructure deployment. Topics include:

• Several issues relevant to fees paid to Tribal Nations in the Section 106 process, such as whether and under what circumstances Tribal Nations and Native Hawaiian Organizations (NHOs) may seek compensation in connection with their participation in the Section 106 process.
• What measures the FCC can take to speed review processes under the Nationwide Programmatic Agreements (NPA) and under the FCC’s own review processes, and whether it should adopt either a voluntary or mandatory batched submission process for non-Positive Train Control facilities.
  • Whether the FCC can improve its NEPA obligation compliance by considering new categorical exclusions for small cells and Distributed Antenna Systems facilities, or revising its rules so that an EA is not required for siting in a floodplain.
• Whether, as part of an effort to expedite further the process for deployment of wireless facilities, including small facility deployments in particular, the FCC should expand the categories of undertakings that are excluded from Section 106 review; further tailor Section 106 review for pole replacements; and expand the NPA exemption for construction in rights of way.
• How the FCC can further tailor the process of review of collocations of wireless antennas and associated equipment, including whether some or all collocations located between 50 and 250 feet from historic districts should be excluded from Section 106 review; whether Tribal Nations and NHOs should be able to participate in the review of collocations on historic properties or in or near historic districts on Tribal land; and whether the FCC can or should exclude from routine historic preservation review certain collocations that have received local approval
• Whether the FCC should revisit its interpretation of the scope of its responsibility to review the effects of wireless facility construction under the NHPA and NEPA.
• How the FCC can develop a definitive solution for “Twilight Towers” – those towers that were built between the adoption of the Collocation NPA in 2001 and when the NPA became effective in 2005, that either did not complete Section 106 review or for which documentation of Section 106 review is unavailable. Specifically, the FCC seeks comment on whether to treat collocations on towers built between March 16, 2001 and March 7, 2005 that did not go through Section 106 historic preservation review in the same manner as collocations on towers built prior to March 16, 2001 that did not go through review.

Implementation of Sections 253(a) and 332(c)(7). Section 253(a) says that “[n]o State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” Section 332(c)(7) generally preserves State and local governments’ “authority . . . over decisions regarding the placement, construction, and modification of personal wireless service facilities,” but provides that their “regulation of [such activities] . . . shall not prohibit or have the effect of prohibiting the provision of personal wireless services.” The FCC seeks comment on the scope of these statutory provisions and any new or updated guidance or determinations the FCC should provide pursuant to its authority under those provisions, including through the issuance of a Declaratory Ruling.

BloostonLaw Contacts: John Prendergast.

FCC Seeks Comment on Broadband-Enabled Health Care Solutions

On April 24, the FCC issued a Public Notice seeking comment on “how it can help enable the adoption and accessibility of broadband-enabled health care solutions, especially in rural and other underserved areas of the country.” Comments are due May 24, and reply comments are due June 8.

In seeking comment, the FCC focused on 7 objectives:

• Promote effective policy and regulatory solutions that encourage broadband adoption and promote health IT.
• Identify regulatory barriers (and incentives) to the deployment of RF-enabled advanced health care technologies and devices.
• Strengthen the nation’s telehealth infrastructure through the FCC’s Rural Health Care Program and other initiatives
• Raise consumer awareness about the value proposition of broadband in the health care sector and its potential for addressing health care disparities.
• Enable the development of broadband-enabled health technologies that are designed to be fully accessible to people with disabilities.
• Highlight effective telehealth projects, broadband-enabled health technologies, and mHealth applications across the country and abroad—to identify lessons learned, best practices, and regulatory challenges.
• Engage a diverse array of traditional and non-traditional stakeholders to identify emerging issues and opportunities in the broadband health space.

For each objective, the FCC poses several specific questions about areas in which it seeks to obtain more information. The specific questions can be found here .

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Law & Regulation

D.C. Circuit Court Remands Lifeline Reform Order

On April 19, the United States Court of Appeals for the District of Columbia Circuit granted the FCC’s motion for voluntary remand of the Third Lifeline Modernization Order. The FCC will conduct further proceedings on the matter in the future.

The Third Lifeline Modernization Order, released almost exactly one year ago to the day, allowed for Lifeline support for standalone fixed and mobile broadband services, as well as establishes minimum service standards for broadband and mobile voice services offered through the program. The Order also established the National Verifier, which was intended to transfer the responsibility of eligibility determination away from Lifeline providers, thereby lowering costs of conducting verification and reducing the risks of facing a verification-related enforcement action. The Order also created a streamlined federal Lifeline Broadband Provider (LBP) designation process as an alternative to the traditional ETC designation process, establishes an annual budget of $2.25 billion, and adopted other reforms to the recertification process.

Chairman Pai has stated that broadband will remain a part of the lifeline program. However, he has expressed criticism over the FCC’s takeover of broadband-only lifeline designations, and it is unlikely the federal LBP designation process will remain.

BloostonLaw Contacts: Ben Dickens, Mary Sisak, and Sal Taillefer.

Industry

PSHB Releases Report on 2016 EAS Test

On April 24, the FCC’s Public Safety and Homeland Security Bureau (PSHB) issued its report on the Emergency Alert System (EAS) test of September 28, 2016. According to the report, the 2016 Nationwide EAS Test demonstrated that the Internet-based distribution of alerts via Integrated Public Alert and Warning System (IPAWS) has “modernized the EAS and greatly improved the quality, effectiveness, and accessibility of EAS alerts.” However, the report indicates that “a range of operational and technical issues still remain that affect nationwide EAS test performance across all states:”

• Almost half of test participants received the test over-the-air rather than from IPAWS, and these participants were unable to deliver the CAP-formatted digital audio, Spanish, and text files as a result.
• Additionally, some EAS Participants failed to receive or retransmit alerts due to erroneous equipment configuration, equipment readiness and upkeep issues, and confusion regarding EAS rules and technical requirements.
• Finally, some EAS Participant groups had low participation rates, particularly Low Power broadcasters.

As a result, the PSHSB recommended that the FCC take the following measures to improve the quality of information available in emergency alerts:

• Facilitate and encourage the use of IPAWS as the primary source of alerts nationwide, while preserving over-the-air alerting as a redundant, resilient, and necessary alternate alerting pathway.
• Examine how to improve and expand the content included in IPAWS alerts to bridge the gap between today’s alerting systems and future next generation alerting.
• Take specific operational actions to ensure that the EAS remains an authoritative, efficient, and trustworthy source of emergency information, such as taking measures to improve EAS Participants’ compliance with and understanding of the part 11 rules and to improve the quality of the EAS, and, where appropriate to strengthen the EAS, allow limited sharing of ETRS data with state partners.

Chairman Pai Announces Intent to Establish Diversity Committee

On April 21, FCC Chairman Ajit Pai made the following statement regarding his intent to establish a new federal advisory committee, the Advisory Committee on Diversity and Digital Empowerment:

“Every American should have the opportunity to participate in the communications marketplace, no matter their race, gender, religion, ethnicity, or sexual orientation. In order to help the FCC advance that goal, I am pleased to announce that I intend to establish the Advisory Committee on Diversity and Digital Empowerment. This Committee will be charged with providing recommendations to the FCC on empowering all Americans. For example, the Committee could help the FCC promote diversity in the communications industry by assisting in the establishment of an incubator program and could identify ways to combat digital redlining.

“Once the paperwork to stand up the Committee has been completed, the FCC will issue a Public Notice soliciting membership applications and providing additional details about the Committee’s work.”

Commissioner Clyburn said, “I am pleased that Chairman Pai intends to establish a new federal advisory committee, known as the Advisory Committee on Diversity and Digital Empowerment. While no single initiative will solve the digital and opportunities divide, I believe that the formation of this Committee is the first of many steps the FCC can take to ensure all Americans have access to robust and affordable communications services. I look forward to working with the Committee to advance these important goals.”

Deadlines

MAY 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.

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

MAY 26: STUDY AREA BOUNDARY RECERTIFICATION. In addition to the obligation to submit updated information when study area boundaries change, all ILECs are required to recertify their study area boundary data every two years. The recertification is due this year by May 26, 2017. Where the state commission filed the study area boundary data for an ILEC, the state commission should submit the recertification. However, where the state commission did not submit data for the ILEC and the ILEC submitted the study area boundary data, then the ILEC should submit the recertification by May 26, 2017.

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

MAY 31: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31.

The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. Clients who would like assistance in filing Form 395 should contact the firm.

BloostonLaw Contacts: Richard Rubino.

JULY 3: FCC FORM 481 (CARRIER ANNUAL REPORTING DATA COLLECTION FORM). All eligible telecommunications carriers (ETCs) must report the information required by Section 54.313, which includes outage, unfulfilled service request, and complaint data, broken out separately for voice and broadband services, information on the ETC’s holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); its CAF-ICC certification, if applicable; its financial information, if a privately held rate-of-return carrier; and its satellite backhaul certification, if applicable. Form 481 must not only be filed with USAC, but also with the FCC and the relevant state commission and tribal authority, as appropriate. Although USAC treats the filing as confidential, filers must seek confidential treatment separately with the FCC and the relevant state commission and tribal authority if confidential treatment is desired.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Sal Taillefer.

JULY 3: MOBILITY FUND PHASE I ANNUAL REPORT. Winning bidders in Auction 901 that are authorized to receive Mobility Fund Phase I support are required to submit to the Commission an annual report each year on July 1 for the five years following authorization. This year, July 1 falls on a Saturday; therefore, the report is due July 3. Each annual report must be submitted to the Office of the Secretary of the Commission, clearly referencing WT Docket No. 10-208; the Universal Service Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. The information and certifications required to be included in the annual report are described in Section 54.1009 of the Commission’s rules.

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

JULY 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due July 31 and covers lines served as of December 31, 2013. Incumbent carriers filing on a quarterly basis must also file on September 30 (for lines served as of March 31, 2014); December 30 (for lines served as of June 30, 2014), and March 31, 2015, for lines served as of September 30, 2014).

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

JULY 31: CARRIER IDENTIFICATION CODE (CIC) REPORTS. Carrier Identification Code (CIC) Reports must be filed by the last business day of July (this year, July 31). These reports are required of all carriers who have been assigned a CIC code by NANPA. Failure to file could result in an effort by NANPA to reclaim it, although according to the Guidelines this process is initiated with a letter from NANPA regarding the apparent non-use of the CIC code. The assignee can then respond with an explanation. (Guidelines Section 6.2). The CIC Reporting Requirement is included in the CIC Assignment Guidelines, produced by ATIS. According to section 1.4 of that document: At the direction of the NANPA, the access providers and the entities who are assigned CICs will be requested to provide access and usage information to the NANPA, on a semi-annual basis to ensure effective management of the CIC resource. (Holders of codes may respond to the request at their own election). Access provider and entity reports shall be submitted to NANPA no later than January 31 for the period ending December 31, and no later than July 31 for the period ending June 30. It is also referenced in the NANPA Technical Requirements Document, which states at 7.18.6: CIC holders shall provide a usage report to the NANPA per the industry CIC guidelines … The NAS shall be capable of accepting CIC usage reports per guideline requirements on January 31 for the period ending December 31 and no later than July 31 for the period ending June 30. These reports may also be mailed and accepted by the NANPA in paper form. Finally, according to the NANPA website, if no local exchange carrier reports access or usage for a given CIC, NANPA is obliged to reclaim it. The semi-annual utilization and access reporting mechanism is described at length in the guidelines.

BloostonLaw contacts: Ben Dickens and Gerry Duffy.

Calendar At-A-Glance

April
Apr. 26 – Comments are due on Mobility Fund Phase II FNPRM.
Apr. 26 – Deadline to file opposition to disclosure of 4G Form 477 data.
Apr. 27 – Deadline for Forward Auction Down Payments (6 PM ET)
Apr. 27 – Deadline for Forward Auction Forms 601 and 602 (6 PM ET).

May
May 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
May 4 – Comments on Regulatory Flexibility Act Rule Review and Elimination Proceeding are due.
May 4 – Reply comments on Section IV A, B, and F of VRS NPRM are due.
May 8 – Comments on State of Mobile Wireless Competition Report are due.
May 8 – Comments are due on World Radiocommunication Conference recommendations.
May 11 – Reply comments are due on Mobility Fund Phase II FNPRM.
May 11 – Final payments for Forward Auction are due (6 PM ET).
May 15 – VRS Rule Revisions are Effective.
May 17 – Short Form Tariff Review Plans are due.
May 24 – Comments are due on Broadband-Enabled Healthcare Public Notice.
May 26 – Study Area Boundary Recertification is due.
May 30 – Comments are due on remaining VRS FNPRM sections.
May 31 – FCC Form 395 (Annual Employment Report) is due.
May 31 – Comments on Short Form Tariff Review Plans are due.

June
Jun. 1 – Deadline to increase local residential rates above $18 to avoid reductions in support.
Jun. 2 – Deadline for CMRS to certify compliance with E911 location requirements.
Jun. 7 – Reply comments on Short Form Tariff Review Plans are due.
Jun. 7 – Reply comments on State of Mobile Wireless Competition Report are due.
Jun. 8 – Reply comments are due on Broadband-Enabled Healthcare Public Notice.
Jun. 16 – 15-Day Tariff Filings are due.
Jun. 23 – Petitions regarding 15-Day Tariff Filings are due.
Jun. 26 – Reply comments are due on remaining VRS FNPRM sections.
Jun. 26 – 7-Day Tariff Filings are due.
Jun. 27 – Replies to Petitions regarding 15-Day Tariff Filings are due.
Jun. 29 – Petitions regarding 7-Day Tariff Filings are due (NOON EST).
Jun. 30 – Replies to Petitions regarding 7-Day Tariff Filings are due (NOON EST).

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

— CONTACTS —

Harold Mordkofsky, 202-828-5520, hma@bloostonlaw.com
Benjamin H. Dickens, Jr., 202-828-5510, bhd@bloostonlaw.com
Gerard J. Duffy, 202-828-5528, gjd@bloostonlaw.com
John A. Prendergast, 202-828-5540, jap@bloostonlaw.com
Richard D. Rubino, 202-828-5519, rdr@bloostonlaw.com
Mary J. Sisak, 202-828-5554, mjs@bloostonlaw.com
D. Cary Mitchell, 202-828-5538, cary@bloostonlaw.com
Salvatore Taillefer, Jr., 202-828-5562, sta@bloostonlaw.com

Don't install the Windows 10 Creators Update on your own, Microsoft advises

Wait for Windows Update to ensure your hardware works properly, Microsoft says.

By Ian Paul Contributor, PCWorld | APR 26, 2017 7:03 AM PT

Microsoft would prefer it if you didn't try to install the Windows 10 Creators Update yourself. Instead, the company is encouraging everyone but advanced users to wait for the Creators Update to become available via Windows Update. That means workarounds for excited users, like the Media Creation Tool or the Windows Update Assistant, are discouraged.

The reason for all this hesitation, according to Microsoft, is that the company wants to iron out any issues for specific hardware configurations before making the upgrade available to affected PCs via Windows Update. Microsoft is doing this using the feedback mechanisms in Windows Insider builds, as well as general feedback from users currently running the Creators Update.

Microsoft says it usually takes one of three steps when there's a problematic issue in the Creators Update:

1. Document the issue and provide some troubleshooting advice on places like the company's forums.
2. Add a fix to Windows or work with a hardware maker to make a driver change.
3. Block impacted devices from receiving the Creators Update via Windows Update.

One issue that Microsoft cites as an example is a problem with certain Broadcom bluetooth radios that are having connectivity issues. Microsoft posted some troubleshooting advice on the company's forums once the issue was identified. The company also temporarily blocked anyone else with the same radio from getting the Creators Update over Windows Update. The company plans to remove the block once a solution is found.

The story behind the story: Microsoft's old school software testing team was greatly reduced a few years ago, and it's pretty clear that the Windows Insider program isn't picking up the slack in full. So it's not surprising to see Microsoft encourage patience for those who want to upgrade. The Anniversary Update also had several issues in its early days, such as Kindle devices triggering the dreaded BSOD, broken webcams, and the infamous freezing issue. Annoying, undiscovered bugs are likely the new normal for the early days of Windows feature releases. As a result, most users should get used to waiting a little longer than expected for Microsoft's latest and greatest.

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 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.

Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work.

Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience.

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“If you would know the road ahead, ask someone who has traveled it.”
— Chinese Proverb

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Telephone: 631-786-9359
www.wirelessplanners.com
wirelessplannerron@gmail.com

“Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.”

— Margaret Mead

“Our lives begin to end the day we become silent about the things that matter.”

— Dr. Martin Luther King, Jr.

“How wonderful it is that nobody need wait a single moment before starting to improve the world.”

— Anne Frank

“Only a life lived for others is a life worthwhile.”

— Albert Einstein

To Bring The Change

Published on May 8, 2015
We want to share with you the ongoing story of courage that we are witnessing in Nepal; a story that you, as people who believe in and invest in the Playing For Change Foundation, are a part of. In Nepal the struggle for equality and protection from human trafficking is real. Our efforts to support local women and girls, and to educate rural people about the perils facing their daughters is urgent — today and every day. Please join us in supporting the Mother’s Society’s work to defend the rights of women and girls, and the desire to create a more just and positive future. Everything you do will make a lasting difference.

HOW YOU CAN HELP
Contribute a Stand By Me Scholarship for a woman or girl to participate in the program.

To learn more about the work of the PFC Foundation, visit http://www.playingforchange.org

Music Matters, and Love Heals — The Playing For Change Foundation Team.