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

We have been following, with great interest, the issue of privacy on our Smart Phones. I have published several exclusive and excellent articles by Rex Lee exposing this loss of our privacy. Here is another article that came out yesterday on this important topic.

Android privacy assistant seeks to stop unwanted data collection

The English language app is free, but only works on rooted Android phones.

By Michael Kan
U.S. Correspondent, IDG News Service
FEB 9, 2017 12:14 PM PT

Credit: Michael Kan

Not sure what your phone is collecting about you? A free Android app is promising to simplify the privacy settings on your smartphone, and stop any unwanted data collection.

The English language app, called Privacy Assistant, comes from a team at Carnegie Mellon University, who’ve built it after six years of research studying digital privacy.

“It’s very clear that a large percentage of people are not willing to give their data to any random app,” said CMU professor Norman Sadeh. “They want to be more selective with their data, so this assistant will help them do that.”

Their Privacy Assistant is designed to automatically modify your phone’s privacy settings for you, based on your views about certain types of data collection.

For instance, when the app first starts up, it’ll ask you three to five questions to gauge your privacy preferences. How do you feel about your social media accessing your camera? Or what about game apps pulling your location data?

Norman Sadeh

From those answers, the app will recommend a particular set of privacy settings you should consider. Users can then approve the recommendations or alter them, accordingly.

The assistant may sound enticing, but it comes with a catch. The software only works with Android 5.x and 6.x phones that have been rooted — which most Android users haven’t done.

Rooting a phone means gaining root access to the Android operating system, opening it up to full customization. But the act can also void your phone’s warranty or brick the phone, if done improperly.

Computer scientists at Carnegie Mellon have previously published research, showing that users are often alarmed when they learn their smartphone apps have been collecting their private data like locations.

Users, however, can face a cumbersome task when modifying their phone’s privacy settings or the app permissions.

“A typical Android user has between 50 and 100 apps, and these apps can require three permissions,” Sadeh said. “So you do the math, and the number of permissions can be overwhelming.”

Many apps are also collecting private user data when they don’t really need it, he said. The Privacy Assistant is designed to revoke those permissions, without causing any malfunctions with the offending app.

As the user downloads more software, the Privacy Assistant will continue to work in the background, recommending what new app permissions should be approved or denied.

Norman Sadeh

With root access, the CMU team’s Privacy Assistant app is able to automatically apply new permission settings to the phone. However, Sadeh estimates that only about 25 percent of all Android smartphones in the world are rooted and many of those are located in Asia.

He doesn’t recommend people root their phone just to use this app. But Sadeh believes his team’s Privacy Assistant will attract a “sizable population” of existing users who are concerned about their online privacy.

The app is also part of the researchers' larger efforts to streamline privacy settings. The hope is that Google, Apple, and device manufacturers will notice the benefits offered by their Privacy Assistant and incorporate the technology into their products.

Google is among those funding the university's work on online privacy, Sadeh said.

“People like this stuff,” he added. A smartphone manufacturer “would have an advantage over your competitors if you ended up putting this on the smartphone you sell to customers.”

Wayne County, Illinois

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

Wireless Messaging

This doesn't mean that nothing is ever published here that mentions a political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.

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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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Still The Most Reliable Protocol For Wireless Messaging!

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Enhancing Mobile Alert Response

sales@wirelessmessaging.com
800-373-1466
2630 National Dr., Garland, TX 75041

New Products

OMNI Messaging Server

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• Embedded System with 2 RS-232 Ports and Ethernet
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• Smartphone Alert Notification Using Low-Latency Communication Protocols
• TAP, COMP2, Scope, WaveWare, SNPP, PET and SIP Input Protocols
• PIN Based Routing to Multiple Remote Paging Systems
• 2W, 5W Radio Paging

MARS (Mobile Alert Response System)

• Combines Paging Protocol Monitoring and Wireless Sensor Monitoring (Inovonics and Bluetooth LE)
• Improves Mobile Response Team Productivity using Smartphone App
• Low-Latency Alerts using Pagers, Smartphones, Corridor Lights, Digital Displays and Annunciation Panels
• Automated E-mail Based Alert Response and System Status Reports
• Linux Based Embedded System with Ethernet and USB Ports
• Browser Based Configuration

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.

The Next Five Years: What to Expect From the Internet of Things

The future of interconnectivity looks bright! The Internet of Things (IoT) is booming, expected to grow to 34 billion devices by the year 2020.¹ GPS units are among the first examples of these devices with built-in computers that can sense things independent from human input, and that technology is rapidly evolving to include wearable fitness trackers and apps that unlock your door. Many wonder, “What’s next?”

Consumers will have access to 24 billion IoT devices by the year 2020. And $6 trillion in investments will pour into the IoT in the next five years², with the real possibility to incorporate tech in a variety of industries soon.

Home Automation

IoT is already making its presence with smart home devices. BI Intelligence predicts that the number of smart home devices will increase from 83 million in 2015 to 193 million devices³—including appliances, safety/security systems, and energy equipment—in 2020.

Expect to see homes get smarter, with green home solutions becoming more common and cost-effective. Examples include smart thermostats, appliances and even sprinkler systems.

Smart Cars

Tech evolution drives transportation innovations. Connected cars already exist, and the trend will continue growing. Over 380 million connected cars will be on the road by 2021⁴.

IoT will likely play a big role in the evolution of businesses, including the transportation sector. Smart car production will grow, and Wi-Fi in smart cars will enhance consumer experiences and even help drivers reserve parking spots. The IoT also offers a positive impact on commercial transportation by making it easier to monitor fuel tanks, connect endpoints and improve safety while streamlining manageability and simplifying operations.

Healthcare

We already have wearable technology. In the coming years IoT will transform the way patients and doctors communicate via technology that can read vital signs and monitor conditions. Forbes estimates that the Internet of Things healthcare advancements will reach $117 billion by 2020⁵.

Remote patient monitoring can change the way we handle long-term illnesses. An IoT device belonging to a cardiac patient with an irregular heartbeat might alert their doctor of changes immediately.

Connected devices can monitor patients anywhere. The IoT for health can also create emergency notifications to send to doctors and complete patient charts based on data collected.

Virtual assisted living may transform senior housing by keeping citizens at home longer. Imagine a refrigerator that automatically reorders food, pill bottles that remind you to take and refill medications, and smart tracking devices that transmit information to your doctor.

Retail

Beacon technology is poised for growth in the next five years, reaching an estimated 400 million by 2020⁶. Beacons are sensors that pair with mobile apps to push advertisements to customers and monitor shoppers’ behaviors. For example:

• Smart price tags changing prices based on demand and sales
• Smartphones and wearable technology improving customer experience by scanning items and uploading product information, coupons and reviews
• Smart shelves detecting low inventory

Tech Competency Boosts Interconnectivity

As tech integration increases, the IoT is poised to create new ways to connect physical and digital worlds. While the IoT’s growth potential expands, it becomes increasingly important to foster tech competency to keep up with new developments.

Brought to you by DeVry University. In 1931, Herman DeVry founded a university that embraced technology. Today, we are putting technology at the core of our business, tech and healthcare programs, to help prepare our students to solve tomorrow’s problems.

¹ http://www.businessinsider.com/iot-ecosystem-internet-of-things-forecasts-and-business-opportunities-2016-2

² http://www.businessinsider.com/iot-ecosystem-internet-of-things-forecasts-and-business-opportunities-2016-2

³ http://www.businessinsider.com/internet-of-things-smart-home-automation-2016-8

⁴ http://www.businessinsider.com/connected-car-forecasts-top-manufacturers-leading-car-makers-2015-3

⁵ http://www.forbes.com/sites/tjmccue/2015/04/22/117-billion-market-for-internet-of-things-in-healthcare-by-2020/#58f5be8e2471

⁶ http://streetfightmag.com/2016/01/25/report-beacon-use-growing-industry-on-track-to-deploy-660-million-by-2020/

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BLACKBERRY ATTEMPTS TO WIN BACK SOME LOVE WITH THIS VALENTINE’S DAY SALE

By Christian de Looper
February 9, 2017 2:31 PM
DIGITAL TRENDS

BlackBerry may not be the mobile darling it once was, but it’s trying to win back some love. How? By offering its devices at a cheap price for Valentine’s Day, of course.

Most notably, the company will offer the BlackBerry DTEK50 and DTEK60 handsets at a discount price. These are two of the BlackBerry phones that were built by TCL and rebranded with the BlackBerry name. They also both offer BlackBerry’s version of Android, along with Hub and a few other features.

So what kind of discounts can you expect? The DTEK50 normally costs $299, but you’ll be able to get it for $40 off, or $259, and the DTEK60, which normally comes at $499, now sits at $449 — also $50 off.

The two phones may not be the most powerful around, but they’re certainly not bad. The DTEK50 is basically a revised version of the Alcatel Idol 4, which was also built by TCL. It features a Snapdragon 617 SoC, along with 3GB of RAM and 16GB of storage — although around 6GB of that is taken up by the system. You’ll also get a 13MP rear-facing camera and an 8MP front-facing wide-angle camera, which is one of the phone’s main selling points.

The DTEK60 is a slightly more powerful device, boasting a Snapdragon 820 processor, along with a cool 4GB of RAM and 32GB of internal storage. In true 2016 flagship fashion, the device also has a fingerprint scanner along with a 21MP rear-facing camera with an f/2.0 aperture, and an 8MP front-facing camera.

While those two phones are the only ones being discounted, the BlackBerry store is also offering the BlackBerry Priv for $449, the BlackBerry Passport for $349, and the BlackBerry Leap for $199.

To get the phones for yourself, head to BlackBerry’s online store. It’s not known exactly how long these sales will last, so you may want to act quick.

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.

Friday, February 10, 2017	Volume 5 | Issue 29

Rep. Blackburn’s Task: Reorganizing the FCC

U.S. Congresswoman Marsha Blackburn

Reorganizing the FCC is a big goal for Rep. Marsha Blackburn (R-TN), who now chairs the House Telecom Subcommittee. She held a hearing on reauthorizing the National Telecommunications and Information Association last week, and says the Commission is next. In the Senate, the Commerce Committee plans to hold an FCC oversight hearing on March 8.

She plans to let the FCC make the first step in rolling back Net Neutrality rules, “and then we’ll be able to revisit the situation,” she told reporters this week, according to Morning Consult. Chairman Pai has been vocal about cutting back the rules which re-classified the internet as a public utility Inside Towers reported; he has not yet revealed specifics concerning those changes.

The subcommittee will also emphasize broadband expansion, according to Blackburn; the topic will be addressed in an infrastructure bill written by several committees. “We recognize that in order for the administration to reach their economic development goals this needs to be done,” though she notes the Trump administration has not yet cited specifics on rural broadband deployment as part of a potential infrastructure package.

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 [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 with the firm’s permission.

Comments on Dormant Proceeding Termination
are Due March 6

On February 2, the FCC published its Public Notice regarding the termination of dormant proceedings in the Federal Register. Comments are due March 6 and replies are due March 20. To the extent that a particular proceeding includes a petition addressing the merits or other pending pleadings, a party’s failure to file comments in response to this Public Notice will be construed as consent to termination of that proceeding. Therefore, we recommend companies review the list as soon as possible.

A copy of the excel spreadsheet can be found here.

BloostonLaw Contacts: Ben Dickens and Mary Sisak.

Headlines

FCC Rescinds “Midnight Regulations” En Masse

On Friday, the FCC rescinded multiple orders, reports, white papers, and other documents issued in the final days of the previous Administration’s FCC, en masse, with no explanation other than a brief statement by Chairman Pai:

“In the waning days of the last Administration, the Federal Communications Commission's Bureaus and Offices released a series of controversial orders and reports. In some cases, Commissioners were given no advance notice whatsoever of these midnight regulations. In other cases, they were issued over the objection of two of the four Commissioners. And in all cases, their release ran contrary to the wishes expressed by the leadership of our congressional oversight committees. These last-minute actions, which did not enjoy the support of the majority of Commissioners at the time they were taken, should not bind us going forward. Accordingly, they are being revoked.”

Among the fallen are:

• Broadcast Processing Guidance Relating to Sharing Arrangements and Contingent Interests. (March 12, 2014, DA No. 17-130).
• Fifth Generation Wireless Network and Device Security NOI. (December 16, 2016, Dkt No. 16-353 ).
• Public Safety & Homeland Security Bureau White Paper on Cybersecurity Risk Reduction (January 18, 2017).
• E-Rate Modernization Progress Report (January 18, 2017 DA No. 17-129).
• Office Of Strategic Planning And Policy Analysis Paper: Improving The Nation's Digital Infrastructure (January 17, 2017).
• Telecommunications Bureau Report: Policy Review Of Mobile Broadband Operators' Sponsored Data Offerings For Zero-Rated Content And Services (January 11, 2017).

Rescission or revocation of these documents applies to any and all guidance, determinations, and conclusions contained therein, and they have no legal or other effect or meaning going forward.

Commissioner Clyburn was critical of the move, stating “It is a basic principle of administrative procedure that actions must be accompanied by reasons for that action, else that action is unlawful. Yet that is exactly what multiple Bureaus have done today.” Of Chairman Pai, she concluded, “It is disappointing to see this Chairman engage in the same actions for which he criticized the prior Chairman.”

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

FCC Revokes Lifeline Broadband Designations

On February 3, the FCC’s Wireline Competition Bureau issued an Order on Reconsideration setting aside and revoking the orders designating Spot On Networks LLC (Spot On), Boomerang Wireless LLC (Boomerang), KonaTel Inc. (KonaTel), STS Media, Inc. (FreedomPop), Applied Research Designs, Inc. (AR Designs), Kajeet Inc. (Kajeet), Liberty Cablevision of Puerto Rico, LLC (Liberty), Northland Cable Television, Inc. (Northland Cable), and Wabash Independent Networks, Inc. (WIN) (collectively, Petitioners) as Lifeline Broadband Providers (LBPs). Specifically, the Bureau set aside those orders, revoked the LBP designations for those providers, returned those petitions for LBP designation to their status as petitions pending before the Bureau, and removed them from streamlined treatment.

First, the Bureau held, sua sponte, that reconsideration of the petitions “would promote program integrity by providing the Bureau with additional time to consider measures that might be necessary to prevent further waste, fraud, and abuse in the Lifeline program.” Specifically, the Bureau found that its previous orders “reflect a too-simplistic evaluation of waste, fraud, and abuse concerns.”

Second, the Bureau further held, in response to a petition filed by the National Tribal Telecommunications Association, that Spot On, Boomerang, KonaTel, and FreedomPop’s designations should also be revoked because each of those entities failed provide a copy of its petition to the affected tribal government and tribal regulatory authority. It also found, sua sponte, that Kajeet made the same error.

Finally, the Bureau held, again in response to the NTTA petition, that designation was incorrectly granted to FreedomPop and KonaTel prior to the completion of the 30-day public comment period deadline.
BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and Mary Sisak.

Chairman Pai Implements Two Process Reform Measures

This month, FCC Chairman Ajit Pai initiated two FCC process reform measures about which he has been vocal in the past. First, he released the full text of two documents the FCC will vote on at the FCC’s next Open Meeting on February 23. Second, he pledged that the Chairman’s office would share every item that will be considered at an open meeting with the other Commissioners before discussing the content of those items publicly or the FCC releases the text of those documents.

Under the FCC’s current process, the Chairman circulates proposed rules to his fellow Commissioners at least three weeks prior to consideration of those items at the agency’s monthly public meeting. At the same time, the FCC announces its tentative agenda for the next meeting, followed by a formal agenda—a “Sunshine Notice”—one week prior. As a pilot, Chairman Pai released the full text of (i) a Notice of Proposed Rulemaking (NPRM) that solicits public input on allowing television stations to use ATSC 3.0, the next-generation broadcast standard and (ii) a Report and Order that gives AM radio broadcasters more flexibility in siting their FM translators to the public in advance of the meeting. As this is only a pilot project, the Chairman did not release the text of all the items on the meeting agenda, but stated that he hopes to do so in the future if the pilot is successful.

“Today, we begin the process of making the FCC more open and transparent,” said Chairman Pai at a public event at the FCC. “We believe that releasing these documents—rather than keeping them behind closed doors until after our vote—will increase the public’s understanding of our decision-making process, and result in final rules that better serve the public interest.”

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

FCC Seeks Comment Regarding Possible Elimination of Rules Under RFA

On February 3, the FCC published notice of ten-year anniversary rule review Pursuant to section 610 of the Regulatory Flexibility Act of 1980, as amended (RFA), in the Federal Register. Comments are due May 4.

Specifically, the purpose of the review is to determine whether FCC rules whose ten-year anniversary dates are in the years 2011-2014 should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the FCC will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s). Significantly, the rules under review this time include the Part 1 rules of general procedure (which include several rules specific to wireless and telephone procedures) and most of the rules governing Wireless Radio Services as described in parts 1, 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101. These rule parts govern cellular, PCS, AWS, 700 MHz, microwave, Private Land Mobile and most other radio services, as well as spectrum leasing. The Broadband data collection reporting requirements and International Bureau filing procedures are also under examination. Therefore, this is an opportunity for the industry to propose streamlining or elimination of rules, and/or modifications that may make them more palatable.

In evaluating the rules, the FCC is required to take into account:

1. The continued need for the rule;
2. The nature of complaints or comments received concerning the rule from the public;
3. The complexity of the rule;
4. The extent to which the rule overlaps, duplicates, or conflicts with other federal rules and, to the extent feasible, with state and local governmental rules; and
5. The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

The full list of rules under consideration can be found here.

FCC Seeks Comment on TCPA Rulemaking Petition

On February 8, the FCC’s Consumer and Governmental Affairs Bureau issued a Public Notice seeking comment on a petition for rulemaking and declaratory ruling asking the FCC to initiate a rulemaking “to overturn the FCC’s improper interpretation that ‘prior express consent’ includes implied consent resulting from a party’s providing a telephone number to the caller.” Comments are due March 10, and replies are due March 27.

Specifically, Petitioners request that the FCC issue a rule requiring that for all calls made to wireless and residential lines subject to the Telephone Consumer Protection Act (TCPA), “prior express consent” must be express consent specifically to receive autodialed and/or artificial voice/prerecorded telephone calls at a specified number, and such consent must be in writing. In addition, Petitioners seek a declaratory ruling to remove uncertainty regarding the meaning of “prior express consent” resulting from previous FCC orders.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Law & Regulation

FCC Announces Tentative Agenda for February Open Meeting

On February 2, the FCC announced that the following items are tentatively on the agenda for the February Open Commission Meeting scheduled for Thursday, February 23, 2017:

• a Report and Order adopting rules to provide ongoing support targeted to preserve and advance high-speed mobile broadband and voice service in high-cost areas that the marketplace does not otherwise serve (i.e., the Mobility Fund Phase II). (WT Docket No. 10-208, WC Docket No. 10-90)
• a Report and Order and Order on Reconsideration that (1) resolves a number of issues raised in the Phase II Auction Order FNPRM, including the adoption of weights to compare bids among service performance and latency tiers, and (2) considers several petitions for reconsideration for decisions made in the Phase II Auction Order. (WC Docket Nos. 10-90, 14-58)
• a Notice of Proposed Rulemaking that proposes to let television broadcasters use the “Next Generation” broadcast television transmission standard associated with recent work of the Advanced Television Systems Committee (ATSC 3.0) on a voluntary, market-driven basis. (GN Docket No. 16-142)
• a Second Report and Order that would relax the siting rule for an FM fill-in translator rebroadcasting an AM broadcast station. (MB Docket No. 13-249)
• an Order granting a five-year waiver to broadband Internet access service providers with 250,000 or fewer broadband connections from the enhanced reporting requirements adopted in the 2015 Title II Order. (GN Docket No. 14-28)
• a Report and Order that would streamline and eliminate outdated accounting rules no longer needed to fulfill the FCC’s statutory or regulatory duties. (WC Docket No. 14-130)

The Open Meeting is scheduled to commence at 10:30 a.m., and will be webcast live at that time at www.fcc.gov/live.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

Congress Introduces “New Deal Rural Broadband Act”

On February 1, Representatives Mark Pocan (D-WI), Jared Huffman (D-CA), and Rick Nolan(D-MN) introduced the New Deal Rural Broadband Act of 2017, an “ambitious plan to connect every American home, business, and school to high-speed, reliable broadband internet that is based on Roosevelt’s New Deal rural electrification model,” according to a press release.

The New Deal Rural Broadband Act would reportedly:

• Establish a new Office of Rural Broadband Initiatives to coordinate and centralize all Federal rural broadband programs;
• Authorize $20 billion for new broadband infrastructure focused on rural communities and those without adequate access;
• Authorize a new Tribal Broadband Assistance Program to support tribal communities in broadband deployment;
• Improve and modernize the Telecommunications Loan and Loan Guarantee Program to increase eligibility, allow greater flexibility, and break down federal agency broadband “silos”;
• Authorize the Rural Utility Service (RUS) to offer broadband grants in addition to loans and loan guarantees to provide small communities with the seed funds needed to compete in loan applications or develop commercially attractive proposals and increase overall (RUS) broadband investment from $25 million to $50 million annually; and
• Establish an inventory of Federal and State assets on which a broadband facility could be constructed and;
• Provide land management agencies with cooperative agreement and fee retention authority for telecommunications rights-of-way to leverage public lands for broadband deployment.

The full text of the legislation is not available at this time. Obviously, our rural service provider clients will want to monitor this legislation, and perhaps even seek to provide input to ensure that it is designed to be inclusive of existing rural carriers, and not to undercut their investment in rural broadband.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Chairman Pai Appoints Commissioner O’Rielly to Chair Federal-State Joint Board on USF

On February 3, FCC Chairman Ajit Pai circulated an order appointing Commissioner Michael O’Rielly to serve as the chairman of the Federal-State Joint Board on Universal Service, the Federal-State Joint Board on Jurisdictional Separations, and the Federal-State Joint Conference on Advanced Services.

The Federal-State Joint Board on Universal Service was established in March 1996 to make recommendations to implement the universal service provisions of the Communications Act. This Joint Board is comprised of FCC Commissioners, State Utility Commissioners, and a consumer advocate representative.

The Federal-State Joint Board on Jurisdictional Separations was established in June 1980 to make recommendations with respect to any amendment of the FCC’s rules governing the jurisdictional separation of common carrier property and expenses between interstate and intrastate operations. This Joint Board is comprised of FCC Commissioners and State Utility Commissioners.

The Federal-State Joint Conference on Advanced Services was convened in 1999 as part of the FCC’s ongoing efforts to ensure that advanced services are deployed as rapidly as possible to all Americans and serves as a forum for an ongoing dialogue among the FCC, state regulators, and local and regional entities regarding the deployment of advanced telecommunications capabilities. The Joint Conference is comprised of FCC Commissioners and State Utility Commissioners.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

FCC Files Motion to Hold Lifeline Reform Order Cases in Abeyance

On February 3, the FCC filed a motion to hold in abeyance cases seeking review of the 2016 Lifeline Modernization Order, in which the FCC permitted Lifeline support for standalone broadband. According to the motion, “holding these cases in abeyance will allow the newly constituted Commission an opportunity to determine how it plans to proceed with respect to these cases.”

The litigation primarily involves the FCC’s decision in the 2016 Lifeline Modernization Order to pre-empt state authority over broadband Lifeline support. Petitioners indicated they would not oppose holding the cases in abeyance for 90 days.

BloostonLaw Contacts: Ben Dickens and Gerry Duffy.

Senate Democrats Vow to Defend Net Neutrality

At a press conference on February 7, Senators Ed Markey (D-Mass), Charles Schumer (D-N.Y.), Patrick Leahy (D-Vt.), Richard Blumenthal (D-Conn.) Al Franken (D-Minn.), and Ron Wyden (D-Ore.) pledged to oppose legislative and regulatory efforts to weaken net neutrality rules. “Despite what the cable companies and Republicans say about net neutrality, there is nothing broken that needs fixing,” said Senator Markey, a member of the Commerce, Science and Transportation Committee. “Our message is clear: the FCC’s Net Neutrality rule is working, it’s protecting consumers and protecting the freedom of the open internet, and any attempt to roll back this rule and its protections would be foolish and will be met with fierce resistance by Senate Democrats,” said Senate Democratic Leader Charles E. Schumer.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Industry

NTCA Files Petition for Limited Waiver of Geolocation Information Filing

On February 3, NTCA filed a Petition for Temporary Limited Waiver/Extension of Time for the March 1 filing deadline, by which RLECs electing to receive A-CAM support must geocode and report on locations newly served in calendar year 2016, and by which RLECs electing to receive CAF BLS support must geocode and report on locations newly served between May 25, 2016, and December 31, 2016.

In the Petition, NTCA argued that the short timeframe allotted by the Public Notice, and the still-pending Paperwork Reduction Act approval process, will impose a substantial burden on RLECs’ small staffs and should therefore be extended until December 31, 2017.

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

Deadlines

MARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2016, is due March 1. The form covers the period July 1 to December 31, 2016, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. If you do not receive the form, please contact Gerry Duffy.

BloostonLaw Contacts: Gerry Duffy.

MARCH 1: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census.

Specifically, three types of entities must file this form:

1. Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections — which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction – must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial and satellite mobile wireless service providers, BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.)
2. Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs).
3. Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license that it manages, or for which it has obtained the right to use via lease or other arrangement with a Band Manager.

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

MARCH 1: GEOCODED BROADBAND LOCATION DATA. By March 1, Connect America Fund recipients must report geo-located broadband information and make service milestone certifications to the Universal Service Administrative Company (USAC). Companies that have taken the Alternative Connect America Model (A-CAM) funding option must report all new qualifying locations where broadband service made available in the prior calendar year. Companies that have chosen to remain on the rate-of-return (RoR) path must report all new qualifying locations made available between May 25, 2016 and December 31, 2016.

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

MARCH 31: INTERNATIONAL CIRCUIT CAPACITY REPORT. No later than March 31, all U.S. international carriers that owned or leased bare capacity on a submarine cable between the United States and any foreign point on December 31, 2016 and any person or entity that held a submarine cable landing license on December 31, 2016 must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. Additionally, cable landing licensees must file information on the Circuit Capacity Report about the amount of available and planned capacity on the submarine cable for which they have a license. Any U.S. International Carrier that owned or leased bare capacity on a terrestrial or satellite facility as of December 31, 2016 must file a Circuit Capacity Report showing its active common carrier circuits for the provision of service to an end-user or resale carrier, including active circuits used by itself or its affiliates. Any satellite licensee that is not a U.S. International Carrier and that owns circuits between the United States and any foreign point as of December 31, 2016 of the reporting period must file a Circuit Capacity Report showing its active circuits sold or leased to any customer, including itself or its affiliates, other than a carrier authorized by the FCC to provide U.S. international common carrier services.

BloostonLaw Contacts: Gerry Duffy.

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis exemption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the FCC. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service.

BloostonLaw Contacts: Hal Mordkofsky, Ben Dickens, and Gerry Duffy.

APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that

1. states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules;
2. states that the company has in fact kept records for the previous calendar year;
3. contains contact information for the individual or individuals handling customer complaints under Part 14;
4. contains contact information for the company’s designated agent; and
5. (5) is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company.

BloostonLaw Contacts: Gerry Duffy, Mary Sisak, Sal Taillefer.

Calendar At-A-Glance

February
Feb. 13 – Comments are due on A-CAM Funding FNPRM.
Feb. 13 – Comments are due on Eighth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges.
Feb. 27 – Reply comments are due on A-CAM Funding FNPRM.

March
Mar. 1 – Copyright Statement of Account Form for cable companies is due.
Mar. 1 – FCC Form 477 (Local Competition & Broadband Reporting) is due.
Mar. 1 – Deadline to Report Geocoded Locations for New Broadband Deployments.
Mar. 6 – Comments are due on Dormant Proceeding Termination Public Notice.
Mar. 10 – Comments are due on TCPA “Prior Express Consent” Declaratory Ruling.
Mar. 15 – Reply comments are due on Eighth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges
Mar. 20 – Reply comments are due on Dormant Proceeding Termination Public Notice.
Mar. 27 – Reply comments are due on TCPA “Prior Express Consent” Declaratory Ruling.
Mar. 31 – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.
Mar. 31 – International Circuit Capacity Report is due.

April
Apr. 1 – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due.
Apr. 1 – Annual Accessibility Certification is due.

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 31 – FCC Form 395 (Annual Employment Report) is due.

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
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Almost
“Is Paging Going Away?” by Jim Nelson Click here for English. Click here for German. (Berlin Revision: November 8, 2016) Click here for French. Volunteers needed for translations into other languages.

“The truth is the Super Bowl long ago became more than just a football game. It's part of our culture like turkey at Thanksgiving and lights at Christmas, and like those holidays beyond their meaning, a factor in our economy.”

—Bob Schieffer

Super Bowl 51 Winning Touchdown

Sunday's big game made history as the first Super Bowl to go into overtime, with the Patriots coming back from a 25-point deficit to defeat the Falcons, earning Tom Brady his fifth championship.

New England running back James White scored the game-winning touchdown in overtime. White ran it in from two yards away after a pass interference penalty on Atlanta.

[Editor's note: The most exciting football game I have ever seen!]