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Organ donation on the rise in area Mehreen Shahid

By Mehreen Shahid, Orillia Packet & Times
Wednesday, March 29, 2017 6:07:19 EDT PM

Always on edge, eating very little and confined to the house, Deanna Peacock's only chance at surviving a diagnosis of pulmonary fibrosis was a lung transplant.

With a beeper on her person 24 hours a day, seven days a week, she spent 11 stressful months on the donor-waiting list for the news of life.

“The wait was awful,” said the Orillia resident. “I had to carry a beeper 24/7, in the bathroom, in the shower. One day, I got halfway to Toronto and realized I'd left my beeper behind and had to go back to get it, because once you get the call, you have to be in Toronto within two hours.”

An early morning call on July 21 five years ago gave her the hope Peacock was looking for. With a convoy of friends and family, she made her way to the city, checked in at the hospital, and then waited while the staff made sure the organs were viable for surgery.

With a new set of lungs to help her breathe in new life, Peacock returned home with a purpose to help bring on as many organ donors to the nation-wide registry, starting with the second-annual flag raising at city hall on April 3, at 11:30 a.m. to mark the beginning of organ donor month. The following week, Peacock will be at Orillia Soldiers' Memorial Hospital from 10 a.m. until 2 p.m. for an awareness campaign.

She feels it's the perfect way to help ensure Orillia and area residents are registered as donors.

“I just can't see why you wouldn't donate; it doesn't make sense to me,” said Peacock, adding she wouldn't be here if it weren't for someone who had signed up to be a donor. “It's a waste, right? What are you going to do with them (organs)? Bury them, cremate them, when you can save up to eight lives with organ donation and 70 lives with tissue donation?”

According to the Trillium Gift of Life Network (TGLN), a report released last month, Ontario saw a 30% rise in organ donations last year.

The report also said that 1,302 people received organ transplants in 2016, four of those being from Orillia, with 351 transplants made possible through deceased donors and 256 from living donors.

A TGLN spokesperson attributed the rise to targeted awareness campaigns across the province at hospitals and in the community, the kind Peacock will be doing on April 12, which will also help dispel some myths about organ donation.

“I understand there's a huge fear out there that doctors will take your organs if you're brain dead or on life support, but that's not true,” she said.

“The old donor cards people carried in their wallets are no longer valid and an online registration is required,” she said.

“Make sure you register,” Peacock said. “It could be a loved one that could need an organ, or it could be you. I never thought in my wildest dreams I would need one. And it's like blood, it's in you to give.”

The TGLN report also indicated organ donor registration in Simcoe County is at 33%, and at 35% in Orillia, both higher than the provincial average of 30%. The rates are even higher in Barrie (43%), Innisfil (36%), and Midland (46%).

Other surrounding areas, such as Brechin, Oro-Station, Shanty Bay, Port Severn, Rama and Coldwater, fall under the three different Lake Simcoe Shore regions as classified by TGLN, and have registration levels between 36% and 44%, all higher than Ontario's average. [source]

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 US 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.

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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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sales@wirelessmessaging.com
800-373-1466
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MARS (Mobile Alert Response System)

• 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, Browsers, and Digital Displays
• Automated E-mail Based Alert Response and System Status Reports
• Linux Based Embedded System with Ethernet and USB Ports
• Browser Based Configuration
• Mobile Resident Call and Wandering Resident Tracking with Bluetooth Beacons
• SMTP and SIP Inputs and XMPP Output in Development

STG (SIP to TAP Gateway)

• Monitors Rauland Nurse Call SIP Protocol
• 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.
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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.

TECHNOLOGY NEWS | Fri Mar 31, 2017 | 10:27am EDT

BlackBerry's profit beats expectations, shares surge

A Blackberry logo hangs behind a Canadian flag at their offices on the day of their annual general meeting for shareholders in Waterloo, Canada June 23, 2015.  REUTERS/Mark Blinch/File Photo

BlackBerry Ltd reported better-than-expected adjusted earnings for the sixth straight quarter, as the smartphone pioneer's shift to the higher-margin software business paid off, sending shares soaring more than 15 percent.

The Canadian firm also said on Friday it expects to be profitable on an adjusted basis for the second year in a row, and generate positive free cash flow in the year ending February 2018.

Waterloo, Ontario-based BlackBerry has focused on building a robust software business after scrapping production of its once-iconic smartphones, which lost favor with the arrival of sleek and fully-touchscreen handsets.

The company outsourced the development of its smartphones last year, signing a deal with Indonesia's BB Merah Putih to make and distribute new BlackBerry-branded devices. It has also signed similar deals with China's TCL and India-based Optiemus Infracom Ltd.

Adjusted revenue from the software and services unit, which includes mobile device management products and the QNX industrial operating system, rose 12.2 percent to $193 million in the fourth quarter ended Feb. 28, from the preceding quarter.

QNX is crucial to BlackBerry's efforts in the self-driving vehicle industry. The company already has a partnership with Ford Motor Co to develop autonomous driving software, and CEO John Chen hopes to forge such deals with car makers around the world.

Gross margin jumped to 60.1 percent in the quarter from 43.3 percent last year.

BlackBerry received more than 3,500 enterprise customer orders in the quarter, an increase of 16 percent from the last quarter.

"Looking ahead to fiscal 2018, we expect to grow at or above the overall market in our software business," Chen said in a statement.

The company's net loss narrowed to $47 million or 10 cents per share in the fourth quarter, from $238 million or 45 cents per share, a year earlier.

The prior-year quarter included a loss of $127 million related to the sale of certain assets.

Excluding one-time items, the company earned 4 cents per share. Analysts on average had expected the company to break even, according to Thomson Reuters I/B/E/S.

Operating expenses nearly halved to $229 million.

Revenue fell about 38 percent to $286 million. On an adjusted basis, revenue was $297 million, beating analysts' average expectation of $289.3 million.

BlackBerry's shares were up 16 percent at $8.06 on the Nasdaq in morning trading. The company's Toronto-listed stock was up 15.4 percent at C$10.70.

(Reporting by Vishaka George and Narottam Medhora in Bengaluru; Editing by Sai Sachin Ravikumar)

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6 Things You Didn’t Know About GPS

The Global Positioning System (GPS) is critical in enabling many of our technologies. GPS allows us to get accurate directions while we drive, helps emergency responders to quickly find callers, tracks how far we ran during a workout, and much more.

Despite how ubiquitous GPS has become, and how essential it is for so many technologies we’ve come to take for granted, I realized that I didn’t know that much about GPS.

At a high level, I thought I understood how GPS works. Satellites transmit their location, and by using three of them you can solve for your own location in 3D space, right?

Turns out I was wrong, so here are 6 things you probably didn’t know about GPS.

1) GPS Isn’t Unique

GPS is just one of several space-based radio navigation systems. Russian has its GLONASS system, the European Union has its Galileo system, and China has its BeiDou system.

However, the Russian GLONASS is the only other system that offers global coverage, though slightly less accurately than GPS. The Galileo system is expected to reach global operational capacity by 2019, and BeiDou by 2020.

Space-based radio navigation systems are essential to most military applications, so countries don’t want to be reliant on another country if hostilities occur. The Indian military learned this the hard way in 1999 during the Kargil War when they were selectively denied access. By who you ask?

2) The US Government Owns and Operates GPS

Like many modern technologies, GPS was born out of the military during the Cold War. Nuclear deterrence was the name of the game, which meant the capacity to launch nuclear weapons at the enemy’s homeland.

Nuclear submarines can approach a coast in stealth, close enough to fire a submarine-launched ballistic missiles into the mainland. However, to fire a ballistic missile accurately from a submarine, it’s critical that you know exactly where that submarine is located. GPS was thus meant as a better navigation system for those submarine-launched ballistic missiles.

Although the Cold War had ended 4 years prior with the collapse of the Soviet Union, GPS became fully operational in 1995. At first, the highest quality signal was reserved for military use but in 2000 GPS was made freely available to the public as a national resource.

3) There Are Currently 32 GPS Satellites in Orbit

To achieve global coverage for GPS, 24 satellites are required. The first of the 24 was launched in 1989 and the 24th was launched in 1994.

GPS satellites only last about 10 years, and often need servicing during their lifetime, which is why there are currently 32 GPS satellites in orbit. The extra satellites fill in the gaps when the core 24 satellites need to be serviced or decommissioned, so that coverage is maintained.

But why are 24 satellites needed in the first place?

4) You Need At Least 4 GPS Satellites in Line-of-Sight

Using a constellation of 24 GPS satellites ensures that at least 4 satellites are within line-of-sight of any location on Earth at all times.

The magic number is 4 because of the way that GPS calculates your exact position. Each satellite sends out a signal that includes 1) the exact time that the signal is sent and 2) the exact position of the satellite relative to the center of the Earth.

We know that the speed of light is constant, so the time it takes for the signal from a GPS satellite to reach you, multiplied by the speed of light, is the distance between you and the satellite. We also know the positions of each of the satellites, so by doing a little geometry, we can use the satellite locations and the known distances to figure out our own location.

“But wait”, you say, “if I remember my high school math, you only need three equations to solve for three unknowns. Why do we need a fourth satellite?”

That’s because there’s a fourth unknown. We don’t actually know the exact time it took the signal to travel from the satellites to you. That’s why…

5) GPS Needs to Account for General Relativity

According to Albert Einstein’s general theory of relativity, time moves faster for objects that are further from sources of gravity. Because satellites are further from Earth, their onboard clocks run 38 microseconds faster per day than clocks on Earth’s surface.

Without corrections, this would mean that GPS locations would be off by as much as 6 miles per day.

So the fourth unknown variable is the time deviation from the atomic clocks on the GPS satellites. This is why 4 satellites are needed to determine precise location. However, one of the benefits of this system is that…

6) GPS Isn’t Just for Determining Location

The accuracy of GPS time signals is within 10 billionths of a second, which is second only to atomic clocks themselves. So GPS is also used for determining exact time, which is extremely important for time-critical applications.

Our cellular networks, banking systems, financial markets, and power grids all depend heavily on GPS for precise time synchronization. In the communications sector, GPS timing allows synchronized call handoffs. In the financial sector, GPS timing allows for financial transactions to be accurately timestamped.

GPS and the Internet of Things

The precise location and timing ability of GPS is a critical enabler of many IoT applications. From precision agriculture, to automated vehicles, to fleet tracking, to smart mining, and many many more.

So hopefully you now know a little more about this amazing technology that has quickly become a necessary and ubiquitous component of our everyday lives.

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.

To All Leavitt Customers for Motorola Items:

I want to let you know about a pending supply disruption at Motorola. Motorola historically has 7 different operating systems across the globe. They have been working for over 2 years to retire these diverse and incompatible systems. The plan is to shut down all of these systems and bring all businesses back up under one new consistent system to serve their entire worldwide enterprise. Due to the software transition I have been informed that Motorola WILL NOT ship ANY product during the actual transition period. As of today, the planned last day to ship will be April 7, 2017 and shipments will slowly start to ramp up beginning on Tuesday afternoon April 18^th. This will affect ALL Motorola customers and items — radios and parts. It is likely that once shipments resume, Motorola will prioritize strategic and contract customers. Therefore, the stop or delay in shipping for us could last even longer. Lastly, if you have ever been involved with a total operating software swap out you know that there are likely to be issues that extend the delay beyond that predicted.

I will be stocking extra material to cover our normal item shipments. Large orders or items that are not typically ordered may not be deliverable until shipments resume. I will also continue to offer QUALITY aftermarket products like batteries, chargers, mikes and headsets should you need them.

Motorola is suggesting that any orders that absolutely need to be shipped prior to the shutdown be placed prior to March 16^th. That date may be a bit aggressive, but it does serve as a warning that late placed orders may not be filled.

Please help me by doing your best to anticipate your needs.

I am sure they have tested this program many times but I do think there is big risk that the shutdown may last longer than anticipated and the startup may be slower than we would like.

Feel free to call to discuss any questions you might have regarding the situation.

Again, we hope to be able to serve your Motorola Solution’s accessory, battery and parts needs if your normal supplier cannot.

Sincerely,

Phil Leavitt

Specialists in ICOM, Motorola, Bendix-King, Zetron, Unication   & other two way & paging products   Philip C. Leavitt Manager Leavitt Communications   7508 N. Red Ledge Drive   Paradise Valley, AZ 85253   pcleavitt@leavittcom.com www.leavittcom.com tel:  fax:  mobile:  Skype ID:  847-955-0511   270-447-1909   847-494-0000   pcleavitt

Friday, March 31, 2017	Volume 5 | Issue 64

FirstNet Partners with AT&T to Build Wireless Network for First Responders

By Leslie Stimson, Inside Towers Washington Bureau Chief

From left to right: FirstNet CEO Mike Porth, AT&T Chairman/CEO Randall Stephenson and Commerce Secretary Wilbur Ross sign the agreement between AT&T and FirstNet. Photo by Leslie Stimson, Inside Towers

In a formal ceremony at the U.S. Department of Commerce on Thursday, the FirstNet contract was awarded to AT&T for the nation’s first nationwide wireless broadband network, Inside Towers reported. Several fire/police/EMS officials who spoke said the interactive network will help all first responders connect to their colleagues anywhere; when built, the network will replace gear like legacy land-mobile radios.

“It will change an untenable status quo by providing first responders the tools they need to keep us safe,” said U.S. House Commerce Committee Chairman Greg Walden (R-OR), who co-led the FirstNet legislation in Congress with former Senate colleague Jay Rockefeller (D-N.Y.). FirstNet is part of an effort “to build a more secure society” after 9/11, said Walden, who added: “The Administration is now prepared to deliver” on the recommendations of the 9/11 Commission Report.

FirstNet President T.J. Kennedy said police, fire, and paramedics will be able to share data, photos, voice communications and more across all agencies and layers of first responders. The network will be nationwide, across all states, territories, tribal lands and include the District of Columbia. “This network is self-funded and sustainable and will be upgraded across the country, all at the same time,” said Kennedy.

With the first installment of $6.5B in funding, FirstNet will use 20 MHz of spectrum over the next five years for the buildout. AT&T will spend about $40B over the lifetime of the contract to build, deploy and operate it. Chairman/CEO Randall Stephenson said the network “makes America a leader and public safety a national priority.” He called the bidding process “transparent” and “first rate” and added: “We’re ready to get started.”

FCC Chairman Ajit Pai referenced the 700 MHz band spectrum for which the FCC authorized the FirstNet license. “We have submitted basic technical requirements for the network which FirstNet will construct.”

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 of The Wireless Messaging News with the firm’s permission. Contact information is included at the end of the newsletter.

FCC to Release Form 477 4G Speed Data from Individual Carriers – MUST OPPOSE BY APRIL 12 — If You Want Your Information Kept Confidential

On March 29, the FCC issued a Public Notice indicating that it plans to release minimum advertised or expected 4G LTE speed data of individual carriers included in their December 31, 2015, and June 30, 2016 Form 477 filings (and any subsequent Form 477 filings) to facilitate Mobility Fund II analysis. If your company does not want its speed data made public, you must oppose disclosure no later than April 12, 2017. While Form 477 filers were able to request confidentiality without including a justification for the requests for confidentiality, the FCC has stated that oppositions must include such a justification, as well as a statement as to why the filer’s individual circumstances warrant withholding its 4G speed data from disclosure.

Companies interested in opposing the release of their Form 477 data should contact the firm without delay.

BloostonLaw Contacts: John Prendergast, Cary Mitchell, and Sal Taillefer.

Headlines

Mobility Fund Phase II Order Published in Federal Register, Effective April 27

On March 28, the FCC published its Mobility Fund Phase II Report and Order in the Federal Register, establishing an effective date of April 27 for those rules not requiring approval by the Office of Management and Budget.

As we have previously reported, the Mobility Fund Phase II Report and Order sets out a framework for moving forward with the Mobility Fund Phase II (MF-II) and Tribal Mobility Fund Phase II. It allocates up to $4.53 billion in financial support over 10 years to expand 4G LTE service to areas that are so costly that the private sector has not yet deployed there and to preserve 4G LTE services where they might not otherwise exist. The funding for this effort will come from the redirection of legacy subsidies, and will be distributed using a multi-round reverse auction. Winning bidders will be subject to concrete build-out and service obligations so that rural consumers are adequately served by the mobile carriers receiving universal service support. $340 million of the $4.53 billion will be reserved for unserved Tribal areas. Carriers currently receiving support for areas that receive a winning bid under Phase II will see a rapid phase down of support over the following two years. Eligible areas without a winning bid and currently receiving support will continue to receive support for the next five years for the lowest-cost provider.

Rules that will not go into effect on April 27 are 54.1013, 54.1014, 54.1015(a) through (e), 54.1016(a) and (b), 54.1017, 54.1019, 54.1020, and 54.1021. These rules require OMB approval because they contain new or modified information collection requirements. 54.1013 covers the FCC’s provider eligibility requirements. 54.1014 covers the application process. 54.1015(a) through (e) address the various interim construction deadlines and the coverage data recipients are required to submit. 54.1016(a) and (b) cover requirements for letters of credit. 54.1017 covers certain compliance requirements. 54.1019 covers annual reports. 54.1020 covers milestone reports, and 54.102 covers record retention.

BloostonLaw Contacts: John Prendergast, Cary Mitchell, and Sal Taillefer.

FCC Reforms Cellular Rules

On March 24, the FCC released a Second Report and Order, Report and Order, and Second Further Notice of Proposed Rulemaking aimed at, “continu[ing] the transition of the 800 MHz Cellular Radiotelephone (Cellular) Service framework away from an outdated command-and-control regulatory paradigm to the flexible use model applicable to several of our geographic market-based wireless services.” Comment deadlines for the Second FNPRM have not yet been established.

In the Second Report and Order, the FCC revised Cellular power rules that were adopted when commercial mobile service was provided using narrowband technologies. According to the Second Report and Order, the FCC takes account of the availability and deployment of advanced mobile broadband technologies, such as LTE, by adopting power rules based on power spectral density (PSD) metrics that parallel those that apply in other spectrum bands used to provide mobile broadband service. In revising the Cellular technical rules to accommodate PSD, the FCC also took steps to address the potential for increased interference to public safety and other adjacent-band systems. The revisions also include modernizing licensing rules to eliminate filing requirements and provide Cellular licensees with enhanced flexibility to improve their service to consumers.

In the Report and Order, the FCC deleted all Part 22 rules governing Cellular comparative renewal proceedings, as it had originally proposed in its 2010 WRS Reform NPRM and Order (WT Docket No. 10-112).

In the Second FNPRM, the FCC seeks comment on the proposal to eliminate Sections 22.301, 22.303, and 22.325 of the FCC’s rules, which provide for retention and inspection of certain paper records at each station’s control point, and on-duty personnel at control points responsible for station operation, and Section 22.321(c), which requires the filing of annual Equal Employment Opportunity (EEO) complaint reports with the FCC. The FCC is particularly interested in comment on the potential impact of repealing these rules not just for Cellular licensees, but for all Part 22 licensees — i.e., Paging, Air-Ground, Rural Radiotelephone, and Offshore Radiotelephone licensees. The FCC also seeks comment on any other measures that could help advance the FCC’s goal of ensuring flexibility and consistency in licensing across commercial wireless services, while taking into account the unique features of each service. This includes possibly relocating the Part 22 Cellular Service and Part 24 PCS rules to Rule Part 27, which governs most of the auctions mobility spectrum.

BloostonLaw Contacts: John Prendergast, Cary Mitchell, and Richard Rubino.

FCC Issues NPRM and NOI on Service Provider Authority to Block Robocalls

On March 23, the FCC issued a Notice of Proposed Rulemaking and Notice of Inquiry initiating a proceeding to facilitate voice service providers’ blocking of illegal robocalls. Specifically, the NPRM proposed rules that would allow providers to block illegal robocalls on their customers’ behalf, and the NOI inquired about further steps the FCC could take. Comment and reply comment deadlines have not yet been established for either the NPRM or the NOI.

The NPRM first proposes to allow providers to block calls when the subscriber to a particular telephone number requests that calls purportedly originating from that specific number to be blocked (i.e., when a subscriber’s number is being “spoofed”). Second, the NPRM proposes to authorize providers to block calls from three categories of numbers: invalid numbers, valid numbers that are not allocated to a voice service provider, and valid numbers that are allocated but not assigned to a subscriber.

The NPRM also seeks comment on how to define the term “illegal robocall” for purposes of this proceeding, with the FCC tentatively concluding that an “illegal robocall” is one that violates the requirements of the Telephone Consumer Protection Act of 1991, the related FCC regulations implementing the Act, or the Telemarketing Sales Rule, as well as any call made for the purpose of defrauding a consumer, as prohibited under a variety of federal and state laws and regulations, including the federal Truth in Caller ID Act.

The NOI seeks comment on objective standards that would indicate to a reasonably high degree of certainty that a call is illegal and whether to adopt a safe harbor to give providers certainty that they will not be found in violation of the call completion and other FCC rules when they block calls based upon an application of objective standards. The FCC also seeks comment on ways that callers who make legitimate calls can guard against being blocked and to ensure that legitimate callers whose calls are blocked by mistake can prevent further blocking.

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

FCC Issues VRS Order and FNPRM

On March 23, the FCC released a Report and Order, Notice of Inquiry, Further Notice of Proposed Rulemaking, and Order to improve video relay services (VRS) by, among other things, authorizing skills-based routing and deaf-interpreter trials and seeking comment on metrics so that VRS users can better assess the quality of VRS offerings. The FCC also seeks comment on further VRS reforms, including the next four-year rate plan and changing technical standards for completing calls to improve interoperability. Comments on the VRS Compensation Rate, Server-Based Routing, and Research and Development portions of the FNPRM are due April 23, and reply comments are due May 4. Comment deadlines have not yet been established for the NOI or for the remaining portions of the NPRM.

In the Report and Order, the FCC authorized a voluntary trial of skills-based routing by any of the currently certified VRS providers, for calls pertaining to legal, medical, and technical computer support, to be conducted for a period of eight months under certain conditions. In the same eight-month trial period, the FCC will also conduct a voluntary trial of the provision of deaf interpreters for VRS calls. The FCC also amended its rules to authorize a voluntary pilot program of at-home VRS call handling, subject to specified safeguards, for a twelve-month period, beginning November 1, 2017, and ending November 1, 2018. During this period, in any month of the program, a participating VRS provider may be compensated for minutes served by at-home communications assistant workstations.

In the Notice of Inquiry, the FCC sought comment on establishing performance goals and service quality metrics to evaluate the efficacy of the VRS program, so that the FCC might make objective determinations about the extent to which the VRS program is providing functionally equivalent communication services and in the most efficient and cost-effective manner.

In the FNPRM, the FCC proposed a four-year plan for VRS compensation, an amendment to permit server-based routing of VRS and point-to-point video calls, safeguards around who may use enterprise and public VRS videophones, and an amendment to allow customer service support centers to access the TRS Numbering Directory for direct video calling. The FCC also seeks comment on whether to direct the TRS Fund administrator to continue to request funding for research and development, whether to prohibit non-service related inducements to register for or use VRS, and whether to prohibit the use of non-compete provisions in VRS CA employment contracts.

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

FCC Proposes to Eliminate International Services Reporting Requirements

On March 23, the FCC released a Notice of Proposed Rulemaking seeking comment on the elimination of the annual International Traffic and Revenue Reports altogether, and on whether there are ways to further streamline the Circuit Capacity Reports. Comment deadlines for the NPRM have not yet been established.

Currently, the International Traffic and Revenue Report is filed by any person or entity that holds an international Section 214 authorization to provide International Telecommunications Services (ITS) and/or any person or entity that is engaged in the provision of Interconnected Voice over Internet Protocol (VoIP) Services Connected to the Public Switched Telephone Network (PSTN) between the United States and any foreign point. The information submitted for this annual report covers: (1) International Calling Service (ICS); (2) International Private Line Service; and (3) International Miscellaneous Services. In the NPRM, the FCC states that it believes the costs of this data collection now exceed the benefits of the information. Therefore, the FCC seeks comment on what effect elimination of this reporting requirement will have on U.S. consumers and U.S. carriers, and whether there may be less burdensome ways for the FCC to obtain data in order to fulfill its statutory obligations and protect U.S. interests.

The Circuit Capacity Reports require providers of international telecommunications services to file annual reports identifying the submarine cable, satellite, and terrestrial capacity between the United States and foreign points. The FCC states that although the value of the Circuit Capacity Reports is “less than it once was with the advent of competition throughout the international marketplace,” it still retains significant value. Specifically, according to the FCC, the Circuit Capacity Reports “give the agency a clear understanding of which operators have deployed what facilities where—the prime information needed for any analysis of facilities-based competition.” For another, the Circuit Capacity Reports are used by the FCC and the national security agencies to “understand how to protect and secure this critical international infrastructure.” Finally, the FCC notes that it relies on these reports to carry out its statutory obligation to assess regulatory fees on international bearer circuits. Therefore, since the FCC believes that these benefits outweigh the costs of this information collection, it is seeking comment on how to streamline the report, but does not propose to eliminate it.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

FCC Seeks Comment on State of Mobile Wireless Competition

On March 23, the FCC issued a Public Notice announcing that it is soliciting comments on competition in the mobile wireless industry for its Twentieth Annual Report on the State of Competition in Mobile Wireless, including Commercial Mobile Radio Services, as required by the Communications Act. Comments are due May 8, and reply comments are due June 7.

Comment is specifically sought on criteria or metrics that could be used to evaluate the state of mobile wireless competition. Comment and information also is sought on industry data, competitive dynamics, and trending factors in the mobile wireless industry, including but not limited to, subscribership numbers, financial indicators (such as revenues or profitability), investment, pricing, and network coverage. In addition, the FCC requests that commenters provide any other information that may inform the FCC’s analysis of the mobile wireless industry.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

Law & Regulation

House Passes Resolution to Repeal FCC Broadband Privacy Order

On March 28, the U.S. House of Representatives voted, largely along party lines, to overturn the FCC Broadband Privacy Order of 2016. The next step is the President’s signature, but this is not expected to present a roadblock as the White House issued a statement on Tuesday saying the administration “strongly supports” the rollback measure, and criticized the FCC rule for departing from the “technology-neutral framework for online privacy” established by the FTC, reports The Wall Street Journal.

As we reported in a previous edition of the BloostonLaw Telecom Update, the simply-worded joint resolution operates under the Congressional Review Act, which allows Congress to eliminate agency rules with a simple majority vote. It states, in whole:

That Congress disapproves the rule submitted by the Federal Communications Commission relating to “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (81 Fed. Reg. 87274 (December 2, 2016)), and such rule shall have no force or effect.

Prior to 2017, the CRA had only been successfully invoked once to overturn a rule (in 2001)

In the absence of the FCC’s Broadband Privacy Order, it is unclear what, if any, rules will apply to consumers’ broadband information. “The FCC already has the authority to enforce the privacy obligations of broadband-service providers on a case-by-case basis,” even without the rules, said Rep. Marsha Blackburn (R., Tenn.) during floor debate. Prior to the Order, jurisdiction of internet privacy rested with the FTC.

When the Senate passed the resolution last week, FCC Commissioner Mignon Clyburn and FTC Commissioner Terrell McSweeny said, “This legislation will frustrate the FCC’s future efforts to protect the privacy of voice and broadband customers. It also creates a massive gap in consumer protection law as broadband and cable companies now have no discernible privacy requirements. This is the antithesis of putting #ConsumersFirst. The House must still consider this legislation. We hope they recognize the importance of consumer privacy and not undermine the ability of Americans to exercise control over their sensitive data.”

The vote did not go their way.

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

D.C. Court of Appeals Denies Petition for Review of VoIP Numbering Access

On March 24, the United States Court of Appeals for the District of Columbia Circuit denied a petition for review filed by the National Association of Regulatory Utility Commissioners (“NARUC”) challenging the FCC’s Numbering Policies for Modern Communications Order, in which the FCC allowed direct access to numbering resources by VoIP providers. NARUC contended that the FCC has effectively classified VoIP service as a Title II telecommunications service, or acted arbitrarily by delaying a classification decision, or by extending Title II rights and obligations to VoIP providers in the absence of classification. However, the court held that NARUC failed to show that it has standing to challenge the Order, and that the court consequently lacks jurisdiction. On this basis, the court dismissed the petition.

BloostonLaw Contacts: Gerry Duffy.

FCC Takes Action to Curb Inmate Use of Contraband Devices

On March 24, the FCC released a Report and Order and Further Notice of Proposed Rulemaking to streamline the process of deploying contraband wireless device interdiction systems in correctional facilities. In particular, the FCC eliminated certain filing requirements and provided for immediate approval of the lease applications needed to operate these systems. Specifically, the Report and Order streamlines the FCC’s processes governing STA requests and spectrum leasing arrangements entered into exclusively to combat the use of unauthorized wireless devices in correctional facilities.

In the FNPRM, the FCC seeks additional comment on a process for wireless providers to disable contraband wireless devices once they have been identified, and on additional methods and technologies that might prove successful in combating contraband device use in correctional facilities, and on various other proposals related to the authorization process for contraband interdiction systems and the deployment of these systems.

BloostonLaw Contacts: Mary Sisak.

FCC Expands Channel Sharing Opportunities

On March 24, the FCC released a Report and Order in which it adopted rules to allow full power and Class A broadcast stations with auction-related channel sharing agreements (CSAs) to share spectrum outside of the auction context, “so that they can continue to operate if their auction-related CSAs expire or otherwise terminate.” The FCC also adopted rules to allow all secondary stations to share a channel with another secondary station or with a full power or Class A station. According to the FCC, the purpose of this action is to assist secondary stations that are displaced by the incentive auction and the repacking process to continue to operate in the post-auction television bands.

By way of background, Congress authorized channel sharing as a reverse auction bid option in the incentive auction. The FCC adopted rules for channel sharing in connection with the incentive auction in the Channel Sharing Report and Order and the Incentive Auction Report and Order, and gradually relaxed those rules over time. In the Digital Low Power Third NPRM, the FCC proposed to authorize channel sharing between secondary stations and also sought comment on whether to allow secondary stations to share with full power and Class A stations outside the auction context. The FCC sought further comment in the companion Digital Low Power Fourth NPRM on issues pertaining to full power and Class A stations sharing with secondary stations. The FCC also sought comment on issues pertaining to secondary sharing that were not resolved previously in the Digital Low Power Third Report and Order, including whether a secondary sharee station retains MVPD carriage rights.

BloostonLaw Contacts: Gerry Duffy.

Industry

AT&T Expected to Receive FirstNet Contract Tomorrow

On March 28, the FirstNet board unanimously voted to authorize the FirstNet CEO, Mike Poth, to finalize the 25-year contract to construct the build and maintain the nationwide public-safety broadband network. Although the recipient of the contract was not named at the special board meeting, it is widely expected to go to AT&T.

As we reported in a previous edition of the BloostonLaw Telecom Update, Rivada Mercury filed a lawsuit in the U.S. Court of Appeals of Federal Claims over what Rivada said is the illegal and wrongful exclusion of the consortium from the FirstNet procurement process. U.S. Court of Federal Claims Judge Elaine Kaplan denied Rivada's protest on March 17, leaving AT&T as the sole remaining known bidder.

“This is a significant milestone for FirstNet and for the public safety community,” said FirstNet Chair Sue Swenson. “We are bringing the procurement to the finish line and soon will be forming an innovative public-private partnership to deploy the Network.”

Poth promised a swift move to award the FirstNet network contract so FirstNet can get started building public safety’s network. “This network will be a game-changer, with the capacity, public-safety features and innovation first responders need to save lives,” he said. “I will work with DOI to complete the acquisition and contract process quickly – we will award the contract within the week. There will be no letting up on this public-private partnership once it’s awarded. The outcome will be a significant investment in public safety infrastructure needed serve our communities. We’re excited to see impact this network will have in making communities across America safer.”

FCC Issues Consumer Advisory on “Can You Hear Me” Scam

On March 27, the FCC issued a Consumer Alert warning consumers to be on the lookout for scam callers seeking to get victims to say the word “yes” during a call and later use a recording of the response to authorize unwanted charges on the victim's utility or credit card account.

According to complaints the FCC has received and public news reports, the fraudulent callers impersonate representatives from organizations that provide a service and may be familiar to the person receiving the call, such as a mortgage lender or utility, to establish a legitimate reason for trying to reach the consumer.

The scam begins when a consumer answers a call and the person at the end of the line asks, “Can you hear me?” The caller then records the consumer's "Yes" response and thus obtains a voice signature. This signature can later be used by the scammers to pretend to be the consumer and authorize fraudulent charges via telephone. In another variation, the caller is asked their name as soon as they answer: “Judy, is that you?” to the same result.

The FCC warns that consumers who receive this type of call should immediately hang up, and consumers who have already responded to this type of call should review all statements from banks, credit card lenders, or telephone companies for unauthorized charges.

Deadlines

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) support 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 ex-emption 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) 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.

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

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

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Calendar At-A-Glance

March
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.
Apr. 12 – Comments are due on Mobility Fund Phase II FNPRM.
Apr. 12 – Deadline to file opposition to disclosure of 4G Form 477 data.
Apr. 23 – Comments on Section IV A, B, and F of VRS NPRM are due.
Apr. 27 – Reply comments are due on Mobility Fund Phase II FNPRM.

May
May 1 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
May 4 – Comments on Regulatory Flexibility Act Rule Review and Elimination Proceeding are due.
May 4 – Reply comments on Section IV A, B, and F of VRS NPRM are due.
May 8 – Comments on State of Mobile Wireless Competition Report are due.
May 17 – Short Form Tariff Review Plans are due.
May 31 – FCC Form 395 (Annual Employment Report) is due.
May 31 – Comments on Short Form Tariff Review Plans are due.

June
Jun. 7 – Reply comments on Short Form Tariff Review Plans are due.
Jun. 7 – Reply comments on State of Mobile Wireless Competition Report are due.
Jun. 16 – 15-Day Tariff Filings are due.
Jun. 23 – Petitions regarding 15-Day Tariff Filings are due.
Jun. 26 – 7-Day Tariff Filings are due.
Jun. 27 – Replies to Petitions regarding 15-Day Tariff Filings are due.
Jun. 29 – Petitions regarding 7-Day Tariff Filings are due (NOON EST).
Jun. 30 – Replies to Petitions regarding 7-Day Tariff Filings are due (NOON EST).

FCC Issues Consumer Alert on RoboCall Phone Scams – Initiates Docket on Methods to Eliminate RoboCalls

On March 27, the Federal Communications Commission issued an alert for consumers to watch for phone calls seeking to get victims to say the word “yes” during the call and later use the recording of that response in order to authorize unwanted changes on the victim’s utility or credit card account.

According to the flood of complaints received by the FCC and public news reports, the fraudulent callers impersonate representatives from organizations that provide a service and may be familiar to the individual receiving the call. Impersonated organizations may include credit card companies, mortgage lenders, utilities and wireless carriers in order to establish a legitimate reason for trying to reach the consumer. Some callers have also claimed to be an investigations division of the IRS.

The FCC has indicated that the scam begins when the consumer answers the phone and the person (or recording) states “This is Joe – can you hear me?” (or something to that effect). The caller then records the consumer’s “Yes” response and thus obtains a “voice signature” which can be used later by the scammers to authorize fraudulent charges via telephone. In another variation, the caller is asked their name as soon as they answer: “Judy? Judy, is that you?”

If you receive this type of call, immediately hang up. If you have already responded to this type of call, review all of your bank, credit card and lender statements as well as telephone bills for unauthorized charges. If you notice unauthorized charges on these and other types of statements, you have likely been the victim of “cramming.”

If you have been targeted by scammers, the FCC recommends that you immediately contact the Better Business Bureau’s Scam Tracker and the FCC Consumer Help Center.

The FCC has the following tips in order to prevent unwanted phone calls and scams:

• Don’t answer calls from unknown numbers. Let them go to voicemail.
• If you answer and the caller (often a recording) asks you to hit a button to stop receiving calls, just hang up. Scammers often use these tricks to identify, and then target, live respondents.
• If you receive a scam call, write down the number and file a complaint with the FCC so it can help identify and take appropriate action to help consumers targeted by illegal callers.
• Ask your phone service provider if it offers a robocall blocking service. If not, encourage your provider to offer one. You can also visit the FCC’s website for information and resources on available robocall blocking tools to help reduce unwanted calls.
• Consider registering all of your telephone numbers in the National Do Not Call Registry.

Earlier this month, the FCC’s Consumer and Governmental Affairs Bureau issued a Public Notice officially announcing the opening of CG Docket No. 17-59, which is captioned “Advanced Methods to Target and Eliminate Unlawful Robocalls.” Presentations in this docket are subject to “permit-but-disclose” ex parte rules; persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation.

Both actions are designed to protect consumers from fraudulent phone scams.

BloostonLaw Contacts: John Prendergast, Richard Rubino and Sal Taillefer

FCC Revises Form 605 — Application for Authorization in the Ship, Aircraft, Amateur, Restricted and Commercial Operator, and General Mobile Radio Services

The FCC has requested Office of Management and Budget (OMB) approval of a revised version of the Form 605 application for the Ship, Aircraft, Amateur, Restricted and Commercial Operator and General Mobile Radio Services. While the FCC is not proposing any changes in the reporting, recordkeeping and/or third party disclosure requirements), it is making minor clarifications to the instructions on the main form and schedule B as well as a clarification to Item 3 on the main form.

The data collected on this form includes the Date of Birth for Commercial Operator licensees; however this information will be redacted from public view due to the risk of identity theft. The FCC uses the information in FCC Form 605 to determine whether the applicant is legally, technically, and financially qualified to obtain a license. Without such information, the Commission cannot determine whether to issue the licenses to the applicants that provide telecommunication services to the public, and therefore, to fulfill its statutory responsibilities in accordance with the Communications Act of 1934, as amended.

The Commission is revising the basic qualifications sec-tion of the form to include a question regarding whether an application has been convicted of a felony in any state or federal court. Applicants answering yes must provide an explanation. This item enables the FCC to determine whether an Applicant is disqualified from holding an ownership interest in a radio license under certain re-strictions in the Communications Act.

In addition, the FCC is seeking OMB approval to change the ship application form to require the applicant provide the official ship number. The Coast Guard has requested that the FCC change this question from “optional” to “re-quired”, since the official ship number is the only way to reliably link an FCC license to a specific vessel.

The information provided on this form will also be used to update the database and to provide for proper use of the frequency spectrum as well as enforcement purposes.

BloostonLaw Contacts: John Prendergast and Richard Rubino

North Carolina Obtains Waiver of Inter-Category Freeze

The North Carolina Highway Patrol has obtained a waiv-er of the 800 MHz intercategory sharing freeze in order to allow it to use Business/Industrial/Land Transportation spectrum for public safety communications.

In justifying the rule waiver request, the Highway Patrol stated that it operates an 800 MHz trunked system in the 806-821/851-866 MHz band, and its Hibriten Mountain base station is unable to accommodate the volume of radio traffic. Additionally, the Highway Patrol notes that public safety users from Catawba County were denied use of the site due to its inability to handle the additional radio traffic.

In searching for new spectrum, the Highway Patrol was unable to identify any available channel in the Public Safety Pool.

Rule Section 90.617(b) of the Commission’s Rules limits use of B/ILT pool to entities performing business related activities. As a result, the Highway Patrol is not an eligi-ble user for this spectrum.

However, Section 90.617(b) permits public safety entities such as the Highway Patrol to license B/ILT channels for inter-category sharing, if it can demonstrate that no channels in its pool category are available for licensing. However, because the Commission placed an application freeze on intercategory sharing in 1995, the Highway Patrol had to request a waiver of the freeze.

In support of its request, the Highway Patrol provided a letter of support from APCO, an FCC certified frequency coordinator for public safety pool channels, stating that it was unable to locate any available public safety channels for use at Hibriten Mountain. Additionally, Utilities Tech-nology Council (UTC), an FCC certified frequency coor-dinator of B/ILT Pool channels, concurred in the pro-posed use of the B/ILT channel by the Highway Patrol.

In granting the rule waiver request, the Commission found that applying the freeze to the Highway Patrol would not serve the purpose of the freeze, since it had been designed to prevent SMR – B/ILT users from using intercategory sharing from obtaining public safety chan-nels.

BloostonLaw Contacts: John Prendergast and Richard Rubino

Court Rules in Favor of First Net in Rivada Mercury Suit; AT&T Contract Award Expected, Deployment Could Begin in June

On March 17, U.S. Court of Federal Claims Judge Elaine Kaplan, on March 17, denied Rivada Network's protest motion to compete with AT&T for the 25-year, $6.5 billion nationwide public safety broadband network contract. That contract will most likely go to AT&T, as it is the sole remaining bidder.

On October 17, 2016, two of the RFP bidders—Rivada Mercury and pdvWireless—were informed by the U.S. government that their proposals had been eliminated from consideration. On November 21, 2016, Rivada Mer-cury filed a lawsuit in the U.S. Court of Appeals of Feder-al Claims over what Rivada said is the illegal and wrong-ful exclusion of the consortium from the FirstNet pro-curement process.

“We are pleased with the Court's decision. This is a posi-tive development for FirstNet and the public safety com-munity," said FirstNet CEO Mike Poth in a statement on the decision late on March 17. "FirstNet intends to move expeditiously to finalize the contract for the nationwide public safety broadband network."

According to a report from IWCE’s Urgent Communica-tions, the division charged with leading the bidding ef-forts, Rivada Networks plans on pursuing state radio ac-cess network (RAN) contracts moving forward. “We re-gret the decision, but it won't stop us from offering our superior solution to the states,” Rivada Networks co-CEO Declan Ganley said in a statement provided to the publication.

On March 28, the FirstNet board unanimously voted to authorize the FirstNet CEO, Mike Poth, to finalize the 25-year contract to construct the build and maintain the na-tionwide public-safety broadband network. Although the recipient of the contract was not named at the special board meeting, it is widely expected to go to AT&T.

“This is a significant milestone for FirstNet and for the public safety community,” said FirstNet Chair Sue Swen-son. “We are bringing the procurement to the finish line and soon will be forming an innovative public-private partnership to deploy the Network.”

Poth promised a swift move to award the FirstNet net-work contract so FirstNet can get started building public safety’s network. “This network will be a game-changer, with the capacity, public-safety features and innovation first responders need to save lives,” he said. “I will work with DOI to complete the acquisition and contract pro-cess quickly – we will award the contract within the week. There will be no letting up on this public-private partner-ship once it’s awarded. The outcome will be a significant investment in public safety infrastructure needed serve our communities. We’re excited to see impact this net-work will have in making communities across America safer.”

BloostonLaw Contacts: John Prendergast and Richard Rubino

Chairman Pai Nominated to a Second Term by President Trump

On March 7, President Donald Trump renominated sitting Chairman Ajit Pai to a second term at the Federal Com-munications Commission. The Chairman’s current term technically expired in June of 2016, and so upon confir-mation his new five-year term would be retroactive to July 1, 2016.

“I am deeply honored to have been nominated by Presi-dent Trump to serve a second term on the Federal Communications Commission,” Chairman Pai said in a statement. “If I am fortunate to be confirmed by the Sen-ate, I will continue to work with my colleagues to connect all Americans with digital opportunity, foster innovation, protect consumers, promote public safety, and make the FCC more open and transparent to the American peo-ple.”

President Trump withdrew the renomination of former Democratic Commissioner Jessica Rosenworcel, leaving two seats on the FCC completely open for his nomina-tion. Because the FCC is currently 2-1 in favor of the Republicans, President Trump can only nominate one more Republican at most.

BloostonLaw Contacts: John Prendergast and Ricard Rubino

FCC to Investigate AT&T 911 Outage

The FCC has announced an investigation into a 911 out-age involving AT&T Wireless which affected approxi-mately 12,600 callers throughout the United States, but in particular, in the Southeast, portions of the Northeast as well as the central U.S.

Local government officials and 911 dispatch centers were not notified of the outage and at least in one case, were not made aware of the problem until a caller at-tempting to use 911 was forced to use their home alarm panic button to obtain fire and rescue services.

In announcing its investigation Chairman Ajit Pai stated that “[e]very 911 call must go through.” Chairman Pai stated further that “. . . when I first learned of yesterday’s outage, I immediately directed FCC staff to contact AT&T about it and the Company’s efforts to restore access to emergency services to the American public.” In addition to discussions with AT&T’s CEO, Chairman Pai has also directed FCC staff to determine the “root cause of this outage.” Lisa Fowlkes, Acting Chief of the Public Safety and Homeland Security Bureau echoed Chairman Pai’s sentiment – stating that “[a]ccess to 911 emergency ser-vices is essential for all Americans, especially the most vulnerable. We will fully investigate this outage and de-termine the root cause and its impact.”

BloostonLaw Contacts: John Prendergast and Richard Rubino

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

— CONTACTS —

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

Microsoft adds new calling features to Skype for Business

Microsoft is adding new features to its high-end Skype for Business service, just as Amazon and Google are trying to get into the enterprise cloud-conferencing game.

By Mary Jo Foley

Microsoft

Microsoft is adding two new calling features to Skype for Business Cloud PBX.

The company is adding an Auto Attendant feature, providing an automated answering and call routing; plus a Call Queues capability, which allows incoming calls to be routed to the next available live attendant in the order received. 

Microsoft announced both features at the Enterprise Connect conference in Orlando today, March 27.

Microsoft is beefing up its Skype for Business service at the same time as cloud rival Amazon is getting into the conferencing space with its own Chime service; and Google is trying to reposition its Hangouts service to appeal more to enterprise conferencing users.

Microsoft also announced a preview of a new Skype for Business Call Analytics dashboard at the event, which aims to provide IT pros with better visibility into call issues.

In 2015, Microsoft began offering three new Skype for Business services as part of its high-end Office 365 E5 plan: Skype Meeting Broadcast; PSTN Conferencing and Calling and Cloud PBX. Cloud PBX with PSTN Calling provides users with the ability to make and receive traditional phone calls in their Skype for Business client and to manage these calls using hold, resume, forward, and transfer. 

In the last six months, Microsoft added more PSTN Calling and Conferencing features, including iOS CallKit integration; Skype for Business client for Mac; and a new Skype for Business Server Cloud Connector edition for connecting on-premises telephony systems to Skype for Business Online.

In other Skype news, the Skype for Windows 10 Universal Windows Platform (UWP) app is no longer in preview. Microsoft removed the preview tag from the app last week and added a few new features, such as support for Skype SMS, the ability to search Skype chats for specific messages; and the ability to switch microphone, cameras, or transfer to new devices during a Skype call. 

Microsoft is continuing to offer the more fully featured Win32 version of Skype client (for now), alongside the UWP version.

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

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.

“Life is 10% what happens to you and 90% how you react to it.”

— Charles R. Swindoll

“Take Me Home, Country Roads”
• Playing For Change •
• Song Around The World •

We invite you to check out this Song Around The World of the John Denver classic, “Take Me Home, Country Roads.” Enjoy this PFC version as we take you from the roots of Jamaica to the coast of Italy to the soul of New Orleans, all along the country roads. . .