Welcome Back

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

Did you know that guajira guantanamera in Spanish means Cuban country girl from Guantánamo? Check out the THOUGHT FOR THE WEEK and the VIDEO OF THE WEEK near the end of this newsletter. If you don't like my choice of music videos please let me know.

My connection to the Internet was not working for a while this afternoon, so I have shortened this issue a little bit. Still . . . I think there is enough important news about various wireless topics to capture your interest. Not the least being the headline, “American Messaging Services acquires the paging assets of Critical Alert Systems.” Wow, that one really caught me by surprise.

My experimental activities for the past couple of weeks have been with GPS DOs. This is one of the key technologies that made 900 MHz simulcast paging work so well. Back when I managed Motorola's Latin American Paging Infrastructure team, we used to have some very interesting discussions in my staff meetings. Few people really understood how simulcasting controlled by GPS DOs worked back them. Of course some of the design engineers in the Motorola and Glenayre factories did as well as a few of the carriers' super-star engineers like Alan Angus, and Selwyn Hill. I could cite the names of some Paging “big shots” in today's industry that I worked with who didn't have a clue (and probably still don't).

Anyway, if you are interested in this, check out my project page. I haven't updated the photos yet, the the equipment has all been rewired and reconfigured.

http://www.braddye.com/gps_do.html

So why did I do all this? By building this system myself, I was able to confirm that my understanding of the technology was correct. I guess that would only be important to a geek.

Wikipedia: The word geek is a slang term originally used to describe eccentric or non-mainstream people; in current use, the word typically connotes an expert or enthusiast or a person obsessed with a hobby or intellectual pursuit, with a general pejorative meaning of a “peculiar person, especially one who is perceived to be overly intellectual, unfashionable, or socially awkward.”

P.S. But, I did date the homecoming queen.

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.

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

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

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

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

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

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Back To Paging

Still The Most Reliable Protocol For Wireless Messaging!

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FOR IMMEDIATE RELEASE

American Messaging Services, LLC acquires the paging assets of Critical Alert Systems, LLC.

LEWISVILLE, TX — February 1, 2017 — American Messaging Services, LLC (“American Messaging”) is pleased to announce it has acquired the paging assets of Critical Alert Systems, LLC and its affiliated entities (“Critical Alert”).

The transaction brings together the paging assets of two of the most respected critical messaging companies in the United States. Together, the companies serve approximately 800,000 critical messaging subscribers providing the most dependable networks and customer service in the critical messaging industry. Both companies excel at service delivery making the combination of Critical Alert’s paging assets together with those of American Messaging a natural fit. “Rest assured that service delivery is, and will always be, our singular focus.” said J. Roy Pottle, Chairman and Chief Executive Officer of American Messaging.

Edward “Ted” McNaught Jr., CEO of Critical Alert said, “We have known and respected American Messaging and its management for many years and are confident the company's focus on customer service, coupled with its' broad product suite, will serve Customers well. While difficult, this strategic decision enables us to focus on our Nurse Call solutions and software business.”

Pottle closed by saying “Our first priority is to provide dependable critical messaging services to all customers however we are also pleased to offer Critical Alert’s paging customers our broad suite of services designed specifically to enhance the traditional paging experience by adding convenience and redundancy through software and mobile applications.”

About Critical Alert Systems, LLC

Critical Alert offers the most advanced, reliable and secure Nurse Call system on the market today. Its software-driven solutions, clinical workflow expertise, hardware products and integrated partner offerings enable hospitals to improve patient satisfaction, enhance outcomes and drive down costs. The Company's focus on clinical productivity, innovative use of technology, and patient safety leads to quieter, more efficient units, improved outcomes for patients, and better utilization of nursing resources. The Company was specifically created to be a single-source provider for hospitals and healthcare facilities in need of advanced nurse call and communications technologies. Unlike our competitors, our product development process embraced the power of software from its inception. This enables us to design hardware-agnostic solutions focused on built-in integration, flexibility and advanced performance.

About American Messaging Services, LLC

American Messaging and its subsidiaries provide critical messaging services throughout the United States. Using proprietary and third party wireless messaging networks together with its suite of mobile and desktop applications, it simultaneously delivers critical messages to pagers, smart phones, tablets and personal computers. American Messaging also constructs and operates dedicated messaging networks that operate in conjunction with other third party networks, including its proprietary paging networks, providing redundancy and more rapid message delivery. Message delivery and review are easily initiated, monitored, and archived using the Company’s mobile and desktop applications or through customer supporting software that is included as part of its overall service offering.

American Messaging is the second largest wireless messaging or critical messaging company in the United States delivering more than 5 million critical messages per day. American Messaging provides service to approximately 800,000 critical messaging subscribers, including more than 1,300 major healthcare customers across the United States. Our mission is to be the best, most trusted provider of critical messaging services in the United States — to be “The Dependable Choice.”

For more information visit www.americanmessaging.net

Source:

Jenna Richardson
Vice President, Marketing and Product Development
623-581-0740
jenna.richardson@americanmessaging.net

Enhancing Mobile Alert Response

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

New Products

OMNI Messaging Server

• Combines Nurse Call Monitoring and Browser Based Messaging
• Combines Radio Paging with Smartphone and E-mail Integration
• Embedded System with 2 RS-232 Ports and Ethernet
• Browser Based Messaging and Configuration
• 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]

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

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

Experts in Paging Infrastructure

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

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

SAMSUNG

Samsung taking these steps to make Galaxy S8 safe

By Don Reisinger Published February 03, 2017
FOX NEWS Tech

File photo. (REUTERS/Tobias Schwarz)

Samsung isn't pulling any punches in its bid to keep you safe with the Galaxy S8, according to a new report.

Samsung plans to keep most of its battery manufacturing inside its walls and will only work with a well-respected company in Japan on the work it can't do on its own, according to a report out of Korea from local media outlet HankYung.

Approximately 80 percent of Samsung's Galaxy S8 battery will be produced by Samsung, and the remaining 20 percent will be completed by Japan's Murata Manufacturing, the report, which was earlier discovered by BGR, claims.

The Galaxy S8 will be critical to Samsung's business. If it performs well and proves safe, Samsung will be able to revitalize a brand that was hit hard last year by the Galaxy Note 7. That device was well-received among reviewers and consumers but was eventually discontinued after it started to heat up and explode.

The Galaxy Note 7 proved exceedingly troubling to Samsung, cost the company billions of dollars, and still hovers over the company's next big release, the Galaxy S8. That device, which could come with several improvements, including a bigger screen and new touch-based home button, is expected to reach store shelves in April.

Apparently cognizant of the threat another battery kerfuffle could cause, Samsung last month revealed its findings on the Galaxy Note 7's battery problems and promised improved testing and safety regulations in the future. Samsung said that the batteries from two different suppliers were caused by various problems.

As part of its effort to address future possible battery flaws, Samsung announced broad testing rules, including taking a battery apart to inspect its components. If the Korean report is correct, Samsung is also considering nixing its reliance upon other companies to deliver its batteries and instead relying on its own people to ensure the batteries are properly manufactured.

Samsung's Galaxy S8 could make a brief appearance later this month at Mobile World Congress during the company's press event on Feb. 26. A full unveiling will take place either in March or in early April ahead of its release.

Kansas City

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Repair and Refurbishment Services

Product Support Services, Inc.

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

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

Feb 01, 2017

Reliable, rugged, affordable communications: Paging solutions remain tried and true

Reliable, rugged, affordable communications: Paging solutions remain tried and true Spectrum Communications, 1437 Main Street East, Hamilton, ON L8K 1C4 519-663-2109

Hamilton’s Spectrum Communications has been in the communications business since 1979, and it’s safe to say that technology and how we communicate have changed significantly since — and show no signs of slowing down! Innovation, vision and adaptability have been an integral part of Spectrum’s business model and have helped the business stay relevant in an often competitive communications industry. Spectrum launched its first alphanumeric and voice paging system almost 40 years ago, and proudly continues to provide paging and calling products today.

As the saying goes, you don’t mess with a good thing. Paging remains the simplest and most reliable form of communication, and it’s one of Spectrum’s most popular and affordable services.

Here are some advantages of using paging technology:

• It’s less expensive than using cellular devices.
• Historically, paging meets reliability and availability demands in high-volume traffic conditions, such as during an emergency.
• Group messaging is possible.
• It has broad coverage and in-building penetration.
• It’s available in numeric, alphanumeric and voice, and two-way.

Unsure what product or service would best suit your type of business? Spectrum Communications can help you identify the best communication product for your business needs. Be sure to contact Spectrum today at 519-663-2109, and one of their staff will be happy to help.

Spectrum Communications has been providing communications solutions for almost 40 years. With eight locations across Ontario, as well as an office in the United States, Spectrum works closely with clients to customize solutions, using quality products that will elevate how your business communicates and shares information.

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 3, 2017	Top 10

Cell Towers Integral in Florida County’s ‘Great Tornado Drill’

January 30, 2017

Smartphones aren’t only useful for sharing selfies or texting your bestie. They are also a tool that can prove vital in emergency situations, as Escambia County, Florida is making known during the state’s 16th annual Severe Weather Awareness Week.

Earlier this week, Escambia County Public Safety conducted the “Great Tornado Drill” to prepare citizens for severe weather, reports WEAR-TV. The plan encouraged participants to develop a plan for emergency situations and also emphasized the importance of mobile devices during severe weather.

The National Weather Service issues notifications during severe weather situations. Notifications are sent to nearby cell phones and come standard on all new smartphone models.

“If there is a tornado warning here in our community, they can communicate to the towers that service our cell phones. They will send a tornado warning to that tower and each cell phone in that area, that touches the tower, will receive the alert automatically,” John Dosh, Escambia Emergency Manager, told WEAR-TV. “It sends out a wild alarm, you look at it and it sends you a text message, saying tornado warning. It gives you the 'wheres', the 'whats' and for how long.”

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.

Geolocation Data for New Broadband Deployment Due March 1

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.

See the full article below for more information.

BloostonLaw Contacts: Ben Dickens and Mary Sisak.

Headlines

CAF ETCs Must File Geocode Broadband Location Data by March 1, 2017

The Wireline Competition Bureau (WCB) has provided guidance to Connect America Fund recipients regarding their obligation to report geo-located broadband information and make service milestone certifications to the Universal Service Administrative Company (USAC). The full guidance, released in a Public Notice, can be found here.

This Public Notice provides further detail on the FCC's rule, adopted in the Connect America Fund Report and Order (Order), "requiring all rate-of-return ETCs, starting in 2017, and on a recurring basis thereafter, to submit to USAC the geocoded locations to which they have newly deployed broadband." (Docket 10-90) As stated by the FCC in the Order, "[t]he location and speed data will be used to determine compliance with the associated deployment obligations" adopted in the Order. Although the FCC has set March 1, 2017 as the first filing date for this data, the Public Notice states that the reporting requirement for rate-of-return carriers, recipients of Phase II model-based support and Alaska Communications Systems (ACS) has not yet received its required approved under the Paperwork Reduction Act. Therefore, the deadline may be pushed back, but for now you must assume March 1 is the date.

The FCC's rules established different requirements for A-CAM Path ETCs and ROR Path ETCs, which are reflected in the guidance. The guidance specifies the following reporting obligations:

ACAM Path Companies — areas that must be reported:

• By 3/1/17: all new qualifying locations where broadband service was made available in 2016 (prior calendar year)
• By 3/1/18: all new qualifying locations where broadband service was made available in 2017
• By 3/1/19: all new qualifying locations where broadband service was made available in 2018 PLUS all qualifying locations to which broadband service was made available before 2016
• • By 3/1/20 and thereafter: all new qualifying locations where broadband service was made available in the previous year.

RoR Path Companies — areas that must be reported:

• By 3/1/17: all new qualifying locations made available between 5/25/2016 and 12/31/2016
• By 3/1/18 and thereafter: all new qualifying locations made available in the prior calendar year.

Please note that ACAM Companies have to file all pre-2016 locations by March 1, 2019. There is no apparent requirement for RoR Path companies to file pre-May 25, 2016 locations.

In the Order, the FCC specified that "the geocoded location information should reflect those locations that are broadband-enabled where the company is prepared to offer service meeting the Commission's minimum requirements for high-cost recipients subject to broadband public interest obligations, within ten business days." The FCC also stated that it expects ETCs "to report the information on a rolling basis." According to the FCC, "[a] best practice would be to submit the information no later than 30 days after service is initially offered to locations in satisfaction of their deployment obligations, to avoid any potential issues with submitting large amounts of information at year end." Accordingly, ETCs may upload information before the annual March 1 deadline.

Please contact the firm if you have any questions concerning your company’s reporting obligations.

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

FCC Allows State of New York to Distribute CAF Phase II Support

On January 26, the FCC adopted an Order granting a petition filed by New York State (New York) seeking waiver of the Connect America Phase II auction program rules to allow use of Connect America Phase II support in Connect America-eligible areas in New York in coordination with New York’s “New NY Broadband Program”. Essentially, the Order allows the state of New York to disburse through its own program, support that would otherwise have been disbursed through the CAF Phase II reverse auction process.

Under this partnership, the FCC will maintain control over the funds at all times, 1) by specifying where Connect America Phase II support can be awarded and placing limitations on how much support can be allocated to those areas, 2) by ensuring that the recipients are qualified to meet the obligations and by individually authorizing the recipients, 3) by having USAC directly disburse the support to authorized ETCs in monthly installments, 4) by requiring the recipients to comply with the same level of oversight as all other Connect America Phase II recipients, and 5) by subjecting the recipients to sanctions if they do not comply the program requirements.

By way of background, when the FCC offered price cap carriers in each state six-year CAF Phase II support, FairPoint, Frontier, and Windstream all accepted support in New York, but Verizon declined $28.4 million in annual support, representing $170.4 million of Connect America Phase II support over the six-year period. In January 2015, New York launched the New NY Broadband Program, a public-private initiative created to speed the deployment of broadband in the state. In a Petition for Waiver, New York indicated to the FCC that, while it has already awarded much of the New NY Broadband Program funding, it delayed making areas that are located in Verizon’s territory eligible for its program because of the uncertainty surrounding the Connect America funding. Once Verizon turned down support, New York requested that the Commission waive its Connect America Phase II auction rules to make the entire amount of funding declined by Verizon available for allocation to other entities through New York’s broadband program.

In his partial dissent, Commissioner O’Rielly expressed concern over the fact that New York is one of the states that diverts 911 fees it collects to other non-related purposes, and that the fees[?] could be used in combination with New York’s CAF Phase II funding to overpay for deployment in some areas, leaving other areas without service. “Moreover,” O’Rielly continued, “ it is highly likely that carving New York out of the CAF II reverse auction means that some funding that might otherwise have flowed to high-cost portions of other states will be used for less efficient purposes in New York. It also undermines some of the competitive pressure we expected to achieve by conducting a nationwide reverse auction.”

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

FCC Chairman Circulates Order Waiving Enhanced Transparency Requirements for Small Providers

On January 27, FCC Chairman Ajit Pai issued a statement announcing that he has circulated among the FCC Commissioners “an order that would waive for five years the enhanced transparency reporting requirements for small businesses with no more than 250,000 subscribers.” According to Pai, the Order “mirrors the bipartisan compromise reflected in the Small Business Broadband Deployment Act of 2017—legislation introduced by Chairman Greg Walden of the House Energy and Commerce Committee and Representative Dave Loebsack (and which has received a unanimous vote in the House of Representatives), as well as Senators Steve Daines and Joe Manchin.”

The enhanced transparency requirements, which were adopted in the 2015 Open Internet Order, expand upon the original transparency requirements the FCC adopted in the 2010 Open Internet Order. The “enhancements” adopted in 2015 include requiring disclosure of: promotional rates; all fees and/or surcharges; all data caps and allowances; and additional network performance metrics (e.g., actual download speeds and packet loss). It also requires information to be provided on a more geographically granular level.

The battle to exempt small providers from the enhanced transparency rules has been waged since their inception. Small providers were originally exempted from the enhanced transparency rules for a period of one year in the 2015 Open Internet Order itself, and the FCC extended the exemption for another year thereafter. In the interim, Congress has introduced, but failed to pass, a number of measures that would make the exemption permanent.

BloostonLaw assisted clients in filing comments supporting a permanent small provider exemption in the notice-and-comment cycle for the 2015 Open Internet Order.

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

Law & Regulation

FCC Eliminates Certain Public Inspection File Rules for Cable Operators and Broadcasters

On January 31, the FCC voted to eliminate two public inspection file rules that currently require: (1) commercial television and radio broadcast stations to retain, and make available to the public, copies of correspondence from viewers and listeners; and (2) cable operators to maintain and allow public inspection of the location of a cable system’s principal headend. Because the designation and location of cable systems’ principal headend must be accessible to certain entities, the order requires that this information be made available to the FCC, television stations, and franchisors upon request. Alternatively, cable operators may elect voluntarily to provide this information for inclusion in the Commission’s online public inspection file database (OPIF), and may elect to make the information publicly available there. Systems that make this choice can avoid the necessity of responding to individual requests for principal headend location information.

According to a press release, the elimination of these rules “will reduce regulatory burdens on commercial broadcasters and cable operators without adversely affecting the general public” and “enable broadcasters and cable operators to make their entire public inspection file available online and permit them to cease maintaining local public files.”

BloostonLaw Contacts: Gerry Duffy.

Senate Committee to Hold Hearing on Unnecessary Regulations

As this edition of the BloostonLaw Telecom Update went to press, the U.S. Senate Committee on Commerce, Science, and Transportation held a full committee hearing titled “A Growth Agenda: Reducing Unnecessary Regulatory Burdens.” According to the press release, the hearing examined “the negative impacts of unnecessarily burdensome regulations on diverse sectors of our nation’s economy” and “where a smarter regulatory approach would create jobs and spur economic growth.”

Witnesses for the hearing were Mr. Jack N. Gerard, President and CEO of the American Petroleum Institute; Mr. Gary Shapiro, President and CEO of the Consumer Technology Association; Mr. Rosario Palmieri, Vice President of Labor, Legal and Regulatory Policy at the National Association of Manufacturers; Mr. Adam J. White, Research Fellow at the Hoover Institution; and Professor Lisa Heinzerling, a William J. Brennan, Jr., Professor of Law at the Georgetown Law Center.

Prepared testimony, as well as a recording of the hearing itself, can be found here.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

2-for-1 Regulation Rollback Does Not Apply to FCC; Agency May Comply Anyway

On January 30, President Trump signed an Executive Order stating that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” Later that day, however, the White House confirmed that the Executive Order does not apply to independent regulatory agencies, providing the Securities and Exchange Commission as an example. The FCC is likewise an independent agency, and should also therefore be exempt.

The Morning Consult raises an interesting point, however: some independent agencies voluntarily complied with regulatory orders directed at executive agencies during the Obama administration, and because of that independent agencies with Republican leadership may do the same (i.e., the FCC).

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Industry

Chairman Pai Forms Broadband Deployment Advisory Committee

On January 31, FCC Chairman Ajit Pai announced the formation of a new federal advisory committee to explore ways to accelerate deployment of high-speed broadband nationwide. According to a Press Release, the Committee will focus on developing specific recommendations on how the FCC can encourage broadband deployment across America. Issues the Committee will tackle include further reforms to the FCC’s pole attachment rules; identifying unreasonable regulatory barriers to broadband deployment; ways to encourage local governments to adopt deployment-friendly policies; and other reforms within the scope of the Commission’s authority. In particular, one of the Committee’s first tasks will be drafting a model code covering local franchising, zoning, permitting, and rights-of-way regulations.

Nominees for the newly formed Broadband Deployment Advisory Committee will be drawn from a diverse set of stakeholders to address specific regulatory barriers to broadband deployment in both urban and rural areas. Representatives of consumers and community groups, the communications industry, and federal, state, local, and Tribal officials are encouraged to apply.

Companies or individuals interested in serving on the Committee should contact the firm for more information. The FCC will accept nominations until February 15, 2017.

Deadlines

FEBRUARY 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: Ben Dickens, Gerry Duffy, and Sal Taillefer.

FEBRUARY 1: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT. Any wireless or wireline carrier (including paging companies) that have received number blocks--including 100, 1,000, or 10,000 number blocks--from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by February 1. Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30.

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

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.
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 Commission. 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) 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. 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Feb. 1 – FCC Form 502 (Number Utilization and Forecast Report) is due.
Feb. 3 – Initial Indoor E911 Location Accuracy Report is due.
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. 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. 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.

Meet Your New FCC, Led by Chairman Ajit Pai

On January 23, President Trump officially appointed Commissioner Ajit Pai, one of the two current Republican members of the FCC, to take over for former Chairman Tom Wheeler, who stepped down recently. Many expected that Chairman Pai would, at a minimum, be appointed interim Chairman, and full appointment is not much of a surprise. Chairman Pai will take the helm of a three-member FCC until President Trump names another Republican and another Democrat to bring the number back up to five.

Chairman Pai is known for being anti-regulation, often dissenting in FCC orders and famously expressing a desire to "fire up the weed wacker" and remove numerous regulations currently in place. He may be most well-known for his opposition to and criticism of the FCC’s Net Neutrality rules, which regulate, among other things, network management practices and consumer disclosures for broadband internet access service (BIAS).

In his FCC bio, Chairman Pai states that his regulatory philosophy is informed “by a few simple principles:”

• Consumers benefit most from competition, not preemptive regulation. Free markets have delivered more value to American consumers than highly regulated ones.
• No regulatory system should indulge arbitrage; regulators should be skeptical of pleas to regulate rivals, dispense favors, or otherwise afford special treatment.
• Particularly given how rapidly the communications sector is changing, the FCC should do everything it can to ensure that its rules reflect the realities of the current marketplace and basic principles of economics.
• As a creature of Congress, the FCC must respect the law as set forth by the legislature.
• The FCC is at its best when it proceeds on the basis of consensus; good communications policy knows no partisan affiliation.

The day after his appointment, Chairman Pai announced the appointment of several new FCC bureau and office chiefs. Of interest to our private radio clients will be:

• Michael Carowitz is Acting Chief of the Enforcement Bureau. For two decades prior, Mr. Carowitz held positions within the communications law field, and is a former Deputy Chief of the Consumer & Governmental Affairs Bureau (2013–2017).
• Lisa Fowlkes is Acting Chief of the Public Safety and Homeland Security Bureau. Since December 2016, Ms. Fowlkes has been serving as Acting Deputy Chief of the Enforcement Bureau, and prior to that she served as Acting Director of the Office of Communications Business Opportunities.
• Nese Guendelsberger is Acting Chief of the Wireless Telecommunications Bureau. Ms. Guendelsberger previously worked in the Inter-national Bureau, the Wireless Telecommunciations Bureau, and the Wireline Competition Bureau in various capacities.
• Tom Sullivan is Acting Chief of the International Bureau. Previously, Mr. Sullivan was an Associate Bureau Chief and the Chief of Staff for the International Bureau, and has served in a variety of positions within the International Bureau and the Office of Managing Director.

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Failure to List Felony Convictions Leads to Hearing to Revoke Licenses

The FCC has issued an order designating all of the FCC licenses and pending applications of Acumen Communicators for an evidentiary hearing in order to determine whether Acumen repeatedly made misrepresentations in connection with its fifty (50) wireless license applications to the FCC. In particular, over the course of eight (8) years, Acumen answered “NO” in response to the question on FCC Form 601 concerning whether “[t]he Applicant or any party to [the] application or any party directly or indirectly controlling the Applicant, [has] ever been convicted of a felony by a state or federal court” even though Hector Mosquera, its manager, officer and sole shareholder, had apparently been convicted of a felony in the State of California.

The issue came to light as a result of a January 26, 2015 filing by Mobile Relay Associates (“MRA”) of an Informal Objection with the FCC, as well as a supplement to a pending Petition to Dismiss or Deny. Those filings asserted that Mr. Mosquera was the sole officer and shareholder of Acumen and that he had been convicted of possession for sale of a controlled substance in March 1992 and served two years in the California State Prison. MRA asserts that because Mr. Mosquera signed Acumen’s applications, he “knew full well that the answer [No] was totally false” and that these false statements were “intentional and warrant denial of [Acumen’s] pending applications and revocation of its licenses.”

As a result of MRA’s allegations, the FCC’s Enforcement Bureau issued a letter of inquiry (“LOI”) on November 17, 2016 requesting information regarding Mr. Mosquera’s control of Acumen and whether he or anyone else with direct or indirect control had ever been convicted of a felony. Despite being given 30 days within which to respond, Mr. Mosquera never responded to the LOI.

Acumen’s apparent conduct in this case raises significant issues concerning licensee qualifications. At the outset, it is important to note that the FCC expects all licensees and applicants to be candid and truthful in any and all filings with the FCC. Additionally, the FCC’s Rules re-quire applicants to update any pending applications with-in 30 days of a change or becoming aware that a representation in the application is not accurate.

Truthfulness in applications is critical to the FCC’s processes. The FCC defines a misrepresentation as “a false statement of fact made with the intent to deceive the Commission.” A “lack of candor” is the “concealment, evasion, or other failure to be fully informative, accompanied by an intent to deceive the Commission.” Here, Acumen represented to the FCC on 50 occasions that no party with either direct or indirect control had ever been convicted of a felony — even though Mr. Mosquera, who signed each of the 50 applications and appears to be an officer and sole shareholder of Acumen since the first application was signed — was convicted of a felony in the State of California in 1992.

The FCC’s hearing will also address the fact that Acumen has not maintained the accuracy of its applications as required by the FCC’s Rules. In this regard, upon receipt of the MRA filings, Acumen should have promptly, and within 30 calendar days of becoming aware of the matter, amended its pending applications to provide correct information regarding Mr. Mosquera’s felony conviction, which it did not do.

It is important to note that a felony conviction in and of itself will not disqualify an applicant or licensee from holding an FCC radio license. Additionally, our clients should be aware that the FCC’s look back on felony convictions is time immemorial – meaning that the question applies to any conviction without regard to (a) how far removed in time it is from the present or (b) whether the conviction has been “expunged” from the defendant’s record. This can be more critical for corporate entities since convictions going back 50, 60, or even 100 or more years must be disclosed.

BloostonLaw Contacts: John Prendergast and Richard Rubino.

House Passes Nine Communications Bills

The U.S. House of Representatives is off to a quick start this 115th Congress, passing nine Energy and Commerce Committee bills dealing with communications topics on January 23. The bills are:

• H.R. 290, Federal Communications Commission Process Reform Act of 2017, sponsored by Chairman Greg Walden (R-OR), which would “make the FCC more efficient, transparent, and accountable through reforming the commission’s processes and ensuring the FCC regulates in an innovative and dynamic way.”
• H.R. 423, Anti-Spoofing Act of 2017, sponsored by Rep. Grace Meng (D-NY), which would “protect consumers against fraudulent actors and deceptive text messages by updating the Truth in Caller ID Act of 2009, which prohibits entities from transmitting misleading or inaccurate caller ID information.”
• H.R 460, Improving Rural Call Quality and Reliability Act of 2017, sponsored by Rep. David Young (R-IA), which would require “intermediate providers” to register with the Federal Communications Commission and comply with the service quality standards set by the agency in order to improve call quality from long distance or wire-less calls in rural areas throughout the country.
• H.R. 511, Power and Security Systems (PASS) Act, sponsored by committee member Rep. Peter Welch (D-VT), which would provide an exemption from energy use restrictions for equipment that needs to be on at all times, such as security or fire alarms.
• H.R. 518, EPS Improvement Act of 2017, sponsored by committee member Rep. Diana DeGette (D-CO), which would exempt certain lighting and ceiling fan technology from an onerous Department of Energy regulation.
• H.R. 555, Amateur Radio Parity Act of 2017, sponsored by committee member Rep. Adam Kinzinger (R-IL), which would instruct the FCC to adopt rules that “protect the rights of amateur radio operators to use radio equipment in deed-restricted communities.”
• H.R. 582, Kari’s Law Act of 2017, sponsored by Rep. Louie Gohmert (R-TX), which would require that any multi-line telephone system connects directly to 911 when dialed, even in instances where the phone requires the user to dial “9” to get an outside line.
• H.R. 588, Securing Access to Networks in Disaster Act, sponsored by full committee Ranking Member Rep. Frank Pallone, Jr. (D-NJ), which would create requirements for mobile service providers during emergencies to ensure that consumers have access to networks during disasters, and requires the FCC and GAO to examine the resiliency of networks during these events. In addition, it amends the Stafford Act to ensure all categories of communications service providers may access disaster sites to restore service.
• H.R. 599, Federal Communications Commission Consolidated Reporting Act of 2017, sponsored by committee member and House Majority Whip Steve Scalise (R-LA), which would consolidate eight separate reports at the FCC into a single, comprehensive overview of the communications marketplace, reducing reporting burdens and encouraging the agency to analyze competition in the marketplace.

Several of the bills passed today, such as Kari’s Law and the Securing Access to Networks in Disaster Act, were introduced but never passed in the 114th Congress.

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Trump Transition Team Reportedly Aims to Strip FCC of Consumer Protection Powers

On January 15, Multichannel News said in an exclusive report that the incoming Trump administration is said to have signed off on an approach to “remaking the Federal Communications Commission” that includes, among other things, an effort to “restructure FCC bureaus to better reflect the convergence of the digital age as a first step, and, eventually, move functions deemed ’duplicative,’ like, say, competition and consumer protection, to other agencies, particularly the Federal Trade Commission.” Landing team members Jeff Eisenach and Rosyln Layton reportedly argued that what would remain “would be ’a more coherent and streamlined“ agency that "would more effectively serve the goals of consumers, competitors, and Congress."

Harold Feld, senior VP of consumer advocacy group Public Knowledge, told Ars Technica that this plan is "a declaration of war on the most basic principles of universal service, consumer protection, competition, and public safety that have been the bipartisan core of the Communications Act for the last 80+ years."

Not all of the landing team is on board with the proposal, however. David Morken, founder of Republic wireless and recent addition to the transition team, reportedly offered a different proposal, which included “preserving network neutrality rules, making the FCC a cabinet-level agency with increased funding, and suspending the incentive auction.” Morken recently told The Wall Street Journal that "traditional Republican telecom policy has favored incumbents who are heavily engaged in regulatory capture over innovators like us."

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

FCC Issues $25K Fine Against Individual for Caller ID Abuse

The FCC has imposed a fine of $25,000 for causing the display of misleading or inaccurate caller identification (Caller ID) information (or “spoofing”) with the intention to cause harm to another. The Truth in Caller ID Act of 2009 and the FCC’s Rules prohibit any individual from falsifying or faking a telephone number with the intent to defraud, cause harm or wrongfully obtain anything of value. In adopting this legislation and associated regulations, both Congress and the FCC recognized that “bad actors” utilize spoofing as a means to trick victims into answering calls for the purpose of harassment and stalking, in addition to gaining unauthorized access to protected consumer information and placing false emergency calls to law enforcement.

Accurate Caller ID information is a vital tool for the public to protect their privacy, avoid fraud and ensure peace of mind by being able to filter out those calls that they do not want to answer. Spoofing Caller ID information makes this impossible. The FCC treats spoofing as an egregious offense and is committed to taking swift enforcement action against those who engage in such malicious misconduct.

In August 2016, the FCC issued a Notice of Apparent Liability against Mr. Blumenstock for making 31 spoofed calls over a period of several months to a Ms. Robin Braver as part of a stalking and harassment campaign against her. The spoofed calls appeared to be from correctional facilities, her child’s school and her parents’ home. Mr. Blumenstock used an application called CallerIDFaker.com as well as a voice modulator to hide his voice in order to make calls which contained personal information that were not common knowledge. Ms. Braver complained to both the FCC and local law enforcement regarding the harassing calls. Ms. Braver was able to identify the phone where the calls originated by using a third-party “unmasking” service that revealed the true caller ID information — which in each case was a wireless phone owned by Mr. Blumenstock.

While Mr. Blumenstock admitted that he made the spoofed calls, he claimed that the FCC’s proposed $25,000 fine was excessive. First, Mr. Blumentstock claims that he meant no harm to Ms. Braver. Additionally, Mr. Blumenstock claimed that a $25,000 fine was excessive and that a $2,500 fine would provide sufficient deterrence. Finally, Mr. Blumenstock claimed that he had no knowledge of the Truth in Caller ID Act and that he should have been provided an opportunity to correct his violations — especially because he has never been charged with a violation of the Communications Act or any FCC Rule.

In affirming the proposed fine, the Commission found that Mr. Blumenstock’s conduct was precisely the conduct that would be an “egregious violation of the [Truth in Caller ID] Act and our rules implementing the Act.” The FCC continued that it would “vigorously” enforce its rules against those who engaged in “such malicious and abusive practices.” The Commission dismissed Mr. Blumentstock’s assertion that a citation should have been issued rather than a fine and that the fine should have been reduced to $2,500.00. In reaching these conclusions, the FCC noted that the Truth in CallerID Act authorizes fines of up to $10,000 per spoofing violation and that Mr. Blumenstock engaged in 31 violations over a four month period – meaning that Mr. Blumenstock could have been subjected to a total fine of $310,000 rather than the $25,000 fine proposed by the FCC. Finally, it is important to note that even though Mr. Blumenstock was not aware of the Truth in Caller ID Act, the old maxim applies that “ignorance is not a defense.”

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Essex Telecom Enters into $28K Consent Decree Rebranding Improper Use of 3550-3650 MHz Band

In July 2016, the Enforcement Bureau received information that Essex Telecom (“Essex”) was operating on frequencies in the 3550-3650 MHz band that were not yet available for commercial use, even though Essex was actually licensed to operate in the 3650-3700 MHz band. In response to the FCC’s inquiry, Essex’s parent company advised the FCC that it had learned that it was improperly using this band at nine locations and had started the process of migrating and/or disconnecting its customers so that it had ceased operations within 24 hours of the FCC inquiry.

Two weeks later, the FCC conducted a station inspection which revealed that one transmitter was still operating on the unauthorized frequencies. Upon being notified of the inspection results, Essex immediately ceased operation of the remaining transmitter.

In order to resolve this enforcement case, Essex agreed to make a “voluntary contribution” to the US Treasury in the amount of $28,000 and enter into a compliance plan with reporting requirements to the FCC.

This case illustrates the need for clients to be familiar both with the terms of their licenses as well as service specific rules. For those of our clients who hold nationwide 3650-3700 MHz licenses, it is critically important that all proposed operations be registered and approved by the FCC prior to the commencement of operations. This is because the nationwide 3650-3700 MHz licenses do not authorize operations at specific sites.

BloostonLaw Contacts: John Prendergast and Richard Rubino.

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

www.wirelessplanners.com
wirelessplannerron@gmail.com

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Telephone: 631-786-9359

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.

Guantanamera

“Guantanamera” (Spanish: “from Guantánamo, feminine” indicating a woman from Guantánamo) is perhaps the best known Cuban song and that country's most noted patriotic song, especially when using a poem by the Cuban poet José Martí for the lyrics. In 1966, a version by American vocal group The Sandpipers, based on an arrangement by The Weavers from their May 1963 Carnegie Hall Reunion concert, became an international hit. It has been recorded by many other solo artists, notably by Julio Iglesias, Joan Baez, Jimmy Buffett, Celia Cruz, Bobby Darin, Joe Dassin, José Feliciano, Wyclef Jean, Puerto Plata, Trini Lopez, La Lupe, Nana Mouskouri, Tito Puente, and Pete Seeger, and by such groups as Buena Vista Social Club and the Gipsy Kings.

Guantanamera | Playing For Change | Song Around The World

Published on Jul 1, 2014
We invite you to watch and enjoy another Song Around The World from our new album: “Guantanamera.” We started the song with Carlos Varela in Havana and it features over 75 Cuban musicians around the world, from Havana and Santiago to Miami, Barcelona and Tokyo. We recorded and produced this track with Jackson Browne, who explains that “traveling with Playing For Change across Cuba was one of the most rewarding and inspiring musical experiences of my life.”