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Friday — May 12, 2017 — Issue No. 756

Welcome Back

Cyber attack spreads across 74 countries; some UK hospitals crippled left arrow

Password managers: The good, the bad, and the ugly

By Violet Blue PCWORLD
MAY 12, 2017 5:30 AM PT

Credit: Thinkstock

In a world where we’re being told to change our passwords every five minutes thanks to the latest massive breach, it’s hard to imagine life without a password manager. Though now that these killer apps are a dime a dozen, the market has predictably been flooded with options you should think twice about using.

Once you’ve started using a password manager, you realize just how absolutely insane things have gotten that we’d be expected to not only remember a jillion passwords, but also be able to spontaneously make up words and phrases that follow all the different and bizarre password-creation rules that sites require of us.

If you’re reading this and not using a password manager, keep reading. You’re in a high-risk category for getting hacked and exploited. Even if you’re already utilizing the best consumer tool for computer security since antivirus, you should also keep reading—because not all password managers are created equal.

If you’re unfamiliar, a password manager is an app that remembers your passwords for you and stores them in an encrypted vault. One master password unlocks the vault when you need to retrieve a password or create a new one, and does it without anyone being able to read what you type over your shoulder or track the login with a keylogger.

1Password: All you need to remember is a single master password, which will unlock a vault that holds all your other passwords.

For those of us who’ve long known about the risks of allowing a browser or operating system to remember and autofill password fields, trusting a password manager doesn’t come easily. But the attack surface is significantly minimized with a manager, and the encryption on top seals the deal.

A manager usually has other nifty features too, like helping you search for (and change) duplicated passwords. One common way people get their social media and email accounts hacked is when malicious hackers comb through old breach dumps online, grab the logins and passwords, and then try them on your current accounts in the hopes that you’ve reused the password since.

LastPass: Additional features, like a duplicate-password tool, can bolster your online security.

Password managers also give users a way to automatically create new, long, complex passwords that follow all the crazy rules sites make for us: things like including upper- and lowercase letters, numbers, symbols, and a given number characters.

But like I said, not all of these cool tools are as secure as you’d think. Choosing the right one is critical when you’re keeping all your password eggs in one basket.

For a couple weeks in a row, leading password manager LastPass was schooled by a security researcher at Google , which found multiple flaws that put its users at risk. One was a “major architectural problem” that could’ve given attackers access to people’s passwords. The researcher published his findings, and while LastPass was worryingly quiet about dealing with its problems, the public scrutiny forced the company to act fast in fixing its service . Still, not everyone is convinced that LastPass has brought its service up to snuff.

It goes to show that even the most reputable password manager, like any other company, can have problems. And LastPass isn’t alone in falling under the scrutiny of Google’s security team. Keeper , Dashlane , and even 1Password have had bugs found and outed over the past year.

1Password: A password manager can also provide an easy and secure way to register for various online accounts.

The harsh attention on password managers might be because the next version of Android, called “O”, is going to officially (and efficiently) support password managers .

That’s because despite issues of bugs and a market flooded with good and bad choices, security experts agree—a rarity—that password managers are the safest way for people to manage their accounts. The security benefits far outweigh the risks. So choosing carefully is key.

Research password managers individually before you settle on one. Search their names with words like “hacked” and look for their names in news articles. Search Twitter to see what the infosec community might have to say about them. Pay attention to which managers are used by hackers and researchers, and which ones they don’t like. An absence of recommendations or reviews is as much a negative as stories about flaws that didn’t get patched.

A company’s response to uncovered flaws is also telling: Was the company accountable and quick to remediate, or did it go silent? Did it act only when caught, or did it promptly inform customers about an incident or flaw?

When all is said and done, some of the most highly regarded password managers include KeePass , 1Password , and Dashlane .

Despite its past product flaws, I, like other hackers and security nerds, use 1Password. I understand the technology, the attacks, and the product sector—and I was really satisfied with the way 1Password handled their bugs and PR.

And believe me: I spend a lot of time watching these companies screw up.

This story, "Password managers: The good, the bad, and the ugly" was originally published by PCWorld .

[ TechConnect ]

Now on to more news and views.

Wayne County, Illinois

Wireless Messaging News

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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.

About Us

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 Policy

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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The Wireless Messaging News
Board of Advisors

Frank McNeill
Founder & CEO
Communications Specialists
Jim Nelson
President & CEO
Prism Systems International
Kevin D. McFarland, MSCIS
Sr. Application Systems Analyst
Medical Center
Paul Lauttamus, President
Lauttamus Communications & Security
R.H. (Ron) Mercer
Wireless Consultant
Barry Kanne
Paging Industry Veteran
Ira Wiesenfeld, P.E.
Consulting Engineer
Allan Angus
Consulting Engineer

The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.



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Easy Solutions
Hark Technologies
Ira Wiesenfeld & Associates a/k/a IWA Technical Services
Leavitt Communications
Preferred Wireless
Prism Paging
Product Support Services — (PSSI)
Paging & Wireless Network Planners LLC — (Ron Mercer)
RF Demand Solutions
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WaveWare Technologies

Enhancing Mobile Alert Response
2630 National Dr., Garland, TX 75041

Contact Us for OEM Requests

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    • Access Control
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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

WaveWare Technologies


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 ]

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

Easy Solutions

easy solutions

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.

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023

Vaughan Bowden
Telephone: 972-898-1119

Easy Solutions

News UK

Closure of Vodafone pager service sparks concern among nurses

May 12, 2017

Page me: The future of the devices, popular in the 80s, is threatened  Denis Apel/Wikimedia

Pagers — not mainly replaced by mobile phones — are still used by medical professional, but Vodafone announced on Wednesday that it will shut down its small unit of about 1,000 customers.

Anna Crossley, the Royal College of Nursing's lead for emergency care, told the Evening Standard that nurses use radio pagers — in conjunction with other devices — because mobile and wifi signal is often poor in hospitals.

Before any replacement is introduced, providers would need to ensure that infrastructure such as wireless networks can give the coverage and capacity required to support many devices in a complex system, she added.

“Any new devices must be fast and easy for healthcare staff to use – and must be trialled with all those clinicians who use them daily before procurement,” she said.

The revelation that Vodafone will scrap its pager network came following a row with the competition regulator over the planned sale of the unit to Capita’s PageOne, the UK’s only other remaining provider.

The Competition and Markets Authority had been poised to launch a major investigation over concerns that the merger would lead to lower competition that could see prices soar and coverage worsen.

A spokesman for Vodafone called the regulator's decision not to give the go ahead to the merger “surprising” and added that it would do its best to minimise impact for customers.

Source: EveningStandard (Thanks to Barry Kanne)

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Product Support Services, Inc.

Repair and Refurbishment Services

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Product Support Services, Inc.

511 South Royal Lane
Coppell, Texas 75019
(972) 462-3970 Ext. 261 left arrow left arrow

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.

County awards bids for tile installation and fire pagers

Gary Nelson — May 9, 2017

Cumberland County approved bid awards for the school system and fire department during last week's financial management committee.

A sole bid was was unanimously approved for vinyl tile flooring and installation at Pine View Elementary School cafeteria for $5,574; Homestead Elementary School cafeteria for $12,636; and Stone Memorial High School cafeteria for $36,295 for a total bid of $54,505.

The sole bid was submitted by Crossville Flooring Center of Crossville.

Cumberland County Finance Director Nathan Brock said they would like to have other bids for competition on the project but no others were submitted.

Mary Kington, maintenance supervisor, recommended the bid be awarded.

An $11,500 low bid was approved for sealing and striping the parking lots and back road at Martin Elementary School.

The low bid was submitted by Rollins Pavement Coatings of Crossville. Jarret Paving of Nashville, TN, submitted a bid of $13,945.

Kington recommended Rollins Pavement Coatings for the job due to the low bid.

It was unanimously approved.

The committee also approved a low bid of $20,263.50 for 30 new Unication G5 P25 Voice Pagers for the Cumberland County Fire Department. The pagers were priced at $625.50. The low bid was submitted by AMK Services, LLC of Anderson, IN. The bid amount also includes new leather holsters for the pagers at $49.995 each.

Other bids were submitted by Wolfe Communications of Kingston, TN, $20,325; and Comm Tech of Nashville, TN, at $20,923.

Source: Crossville Chronicle  

RF Demand Solutions

Codan Paging Transmitters

  • The smart choice for Critical Messaging
  • Proven performance in extreme conditions
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Flexible Modern Design:

  • Analog & Digital
  • VHF, UHF & 900 MHz
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  • Integrates with Motorola & Glenayre Simulcast
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Your US Distributor for Codan Radio Paging Equipment
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Leavitt Communications


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

UNICATION bendix king

motorola blue Motorola SOLUTIONS

COM motorola red Motorola MOBILITY spacer
Philip C. Leavitt
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
Web Site:
Mobile phone: 847-494-0000
Telephone: 847-955-0511
Fax: 270-447-1909
Skype ID: pcleavitt


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.


  • 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.


  • 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: or call 800-596-1914.

Amazon Prime Video app for Apple TV will be announced at WWDC

Apple TV viewers will be able to binge on ‘Transparent’ as early as this summer.

By Oscar Raymundo STAFF WRITER, MACWORLD | MAY 11, 2017 2:13 PM PT

Credit: Amazon

Apple and Amazon have settled (at least some of) their differences. Amazon Prime Video is officially making its way to the Apple TV.

Apple will announce the all-new Amazon Prime Video app for Apple TV at this year’s WWDC keynote on June 5, according to BuzzFeed . Then the app will reportedly hit the tvOS App Store this summer. In addition, will be start selling the Apple TV set-top box again after being banned two years ago.

This corroborates an earlier report that Apple and Amazon had reached an agreement to the benefit of both their streaming media strategies. Amazon Prime members who own an Apple TV have another reason to renew their membership, and the Apple gets to put the Apple TV back on Amazon’s massive retail platform.

This is a big win for Apple. In 2015, Amazon banned the Apple TV from its store because it did not have a Prime Video app. At the time, Amazon CEO Jeff Bezos said Apple did not offer “acceptable business terms” for them to develop a tvOS app. It’s likely that Bezos and company found it unacceptable that Apple should take a 30 percent cut from all Prime memberships via the App Store.

Prime members with an Apple TV have had to use a workaround involving the Amazon Prime Video iOS app and AirPlay in order to watch Amazon originals like Transparent and Mozart in the Jungle. This works fine, but when Netflix, HBO, and Hulu all have companion apps that reside right on the Apple TV’s home screen, it’s easy to forget about Prime Video.

Why this matters: Amazon has done a great job developing original programming. (Maybe Tim Cook is a little bit jealous he doesn’t get shout-outs during the Emmys and the Golden Globes.) Amazon’s award-winning originals makes it frustrating for Apple TV viewers that can’t access them as easily as what’s on HBO and Netflix. It’s great to see that Bezos and Cook have stopped being so petty for the sake of their audiences.

This story, "Amazon Prime Video app for Apple TV will be announced at WWDC" was originally published by Macworld .

Source: TechConnect

Leavitt Communications

We can supply alphanumeric display, numeric display, and voice pagers.

We also offer NEW and refurbished Alphamate 250s, refurbished Alphamate IIs, the original Alphamate refurbished, and new and refurbished pagers, pager repairs, pager parts, and accessories. We are FULL SERVICE in Paging! Outstanding service is our goal.

E-mail Phil Leavitt ( ) for pricing and delivery information, or for a list of other available paging and two-way related equipment.

Phil Leavitt

7508 N. Red Ledge Drive
Paradise Valley, AZ 85253

Friday, May 12, 2017 Volume 5 | Issue 94

Americans’ Wireless Data Use Continues to Skyrocket

CTIA released its Annual Wireless Industry Survey , which found Americans used a record 13.72 trillion megabytes (MBs) of mobile data in 2016, an increase of over 4 trillion MBs over 2015, and 35 times the volume of traffic in 2010. The amount of data traffic sent over wireless networks in 2016 — 13.72 trillion MBs — is the equivalent of 1.58 million years of streaming HD videos.

“Americans are using more wireless data than ever. As wireless becomes central to our lives and the U.S. economy, it’s no surprise that Americans’ mobile data usage continues to skyrocket,” said CTIA President/CEO Meredith Attwell Baker. “This continued growth underscores the need to free up more spectrum and modernize infrastructure processes at all levels of government to make way for next-generation 5G networks — and hundreds of billions of industry investment.”

Some other key findings from this year’s survey:

  • Data-intensive mobile devices continue to rise
  • Heavy traffic-generating devices, smartphones and wireless-enabled tablets and laptops, now total 309.8 million of the 395.9 million devices on carrier networks — a 238 percent increase since 2010.
  • There are more wireless devices than Americans
  • With 395.9 million total active devices in the U.S., adoption is now equal to 120.6 percent of the U.S. population, or more than 1.2 wireless devices per American.
  • Industry is committed to building world-leading networks
  • A record 308,334 cells sites were in operation in 2016, representing a 57 percent growth over the last decade, thanks to over $26 billion invested in 2016 alone. May 12, 2017
Key Mobile Trends in the United States
  2015 2016  
Subscriber Connections  377.9M 395.9M Up 4.8%
Smartphones 228.3M 261.9M Up 14.7%
Tablets 41.0M 47.9M Up 16.7%
Data Traffic 9.65T 13.72T Up 42.2%
SMS Traffic 1.89T 1.66T Down 12.1%
MMS Traffic 218.5B 277.9B Up 27.2%
Wireless Penetration 115.7% 120.6% Up 4.2%
Source: Inside Towers  

Hark Technologies

hark logo

Wireless Communication Solutions

USB Paging Encoder

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
  • 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.

Hark Technologies
717 Old Trolley Rd Ste 6 #163
Summerville, SC 29485
Tel: 843-821-6888
Fax: 843-821-6894
E-mail: left arrow CLICK
Web: left arrow CLICK

Hark Technologies

Preferred Wireless

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Terminals & Controllers:
8 ASC1500 Complete, w/Spares
3 CNET Platinum Controllers
2 GL3100 RF Director
1 GL3000 ES — 2 Chassis — Configurable
1 GL3000 L — 2 Cabinets, complete working, w/spares
35 SkyData 8466 B Receivers
10 Zetron M66 Transmitter Controllers
10 C2000s
2 Glenayre Complete GPS Kits
3 Motorola 10W, 900 MHz Link TX (C35JZB6106)
Link Transmitters:
7 Glenayre QT4201 25W Midband Link TX
3 Motorola 10W, 900 MHz Link TX (C35JZB6106)
1 Motorola Q2630A, 30W, UHF Link TX
  Coming soon, QT-5994 & QT-6994 900MHz Link TX
VHF Paging Transmitters:
7 Motorola Nucleus 125W CNET
3 Motorola Nucleus 350W CNET
7 Motorola Nucleus 350W NAC
14 Motorola Nucleus 125W NAC
1 Glenayre QT7505
1 Glenayre QT8505
3 Glenayre QT-100C
UHF Paging Transmitters:
15 Glenayre UHF GLT5340, 125W, DSP Exciter
900 MHz Paging Transmitters:
2 Glenayre GLT8200, 25W (NEW)
5 Glenayre GLT-8500 250W
4 Glenayre GLT 8600, 500W
23 Motorola Nucleus II 300W CNET
Miscellaneous Parts:
  Nucleus Power Supplies
  Nucleus NAC Boards
  Nucleus NIU, Matched Pairs
  Nucleus GPS Reference Modules
  Nucleus GPS Receivers
  Nucleus Chassis
  Glenayre 8500, PAs, PSs, DSP Exciters
  Glenayre VHF DSP Exciters
  Glenayre GL Terminal Cards
  Zetron 2000 Terminal Cards
  Unipage Terminal Cards


Too Much To List • Call or E-Mail

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

Preferred Wireless

BloostonLaw Newsletter

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.

BloostonLaw Telecom Update Vol. 20, No. 20 May 10, 2017

Petitions for Reconsideration Filed in Mobility Fund Phase II Proceeding

On May 10, the FCC published notice in the Federal Register of seven Petitions for Reconsideration and/or Clarification filed in the Mobility Fund Phase II rulemaking proceeding. Comments in support or opposition to the Petitions must be filed by May 16, and replies to comments in support or opposition must be filed by May 26.

See the article below for more information on the Petitions. Carriers interested in supporting or opposing any Petition should contact the firm without delay.

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


9 th Circuit Decides to Rehear FTC vs. AT&T Mobility Case, Sets Aside Earlier Decision

On May 9, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers with unlimited data plans. The court also set aside the earlier decision, stating that it “shall not be cited as precedent by or to any court of the Ninth Circuit.”

As we reported in previous editions of the BloostonLaw Telecom Update, the FTC originally filed suit against AT&T back in 2014 for violating Section 5(a) of the FTC Act, which prohibits unfair or deceptive acts or practices in or affecting commerce. In the complaint, the FTC alleged that the company had failed to adequately disclose to its customers with unlimited data plans that once they reach a certain amount of data use in a given billing cycle, the company throttles their data speeds by up to 90 percent.

AT&T filed a motion to dismiss the complaint, contending that it is immune from liability under Section 5(a) because of its status as a common carrier. The district court denied AT&T’s motion, holding that AT&T not only had to be a common carrier, but also had to be carrying on a common carrier activity to avail itself of the exemption (the FCC had not yet classified mobile data as a common carrier service). AT&T immediately appealed the denial, and in August of 2016, the Ninth Circuit reversed the district court, concluding that the common carrier exemption is status-based, not status-and-activity based. Hence, denial of AT&T’s motion to dismiss was reversed, and the FTC complaint was dismissed.

The fact that the Ninth Circuit will reconsider its ruling that the FTC exemption is only status-based is important given the FCC’s recent moves to foist responsibility to protect consumer privacy on the FTC. Ostensibly, protecting privacy is not a common carrier activity, and a finding that the FTC exemption is status-and-activity based would free the FTC’s hands significantly. Indeed, in a statement Chairman Pai said, “Today’s action by the Ninth Circuit is a big win for American consumers. Now that the court’s prior decision is no longer effective, it will be easier for the FTC to protect consumers’ online privacy.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Petitions for Reconsideration Filed in Mobility Fund Phase II Proceeding

On May 10, the FCC published notice in the Federal Register of seven Petitions for Reconsideration and/or Clarification filed in the Mobility Fund Phase II rulemaking proceeding. Comments in support or opposition to the Petitions must be filed by May 16, and replies to comments in support or opposition must be filed by May 26.

  • The Blooston Rural Carriers sought reconsideration of
    1. the Commission’s adoption of a 5 Mbps download threshold for MF-II eligibility;
    2. the Commission’s decision not to implement rural and/or small business bidding credits;
    3. various aspects of the Commission’s MF-II Letter of Credit (“LoC”) requirements; and
    4. the Commission’s failure to consider prohibiting MF-II recipients from entering into equipment exclusivity agreements.

The Petitioners also seek clarification of the Commission’s apparent decision to require collocation for “all” towers in MF-II funded areas, as opposed to “new” towers.

  • Buffalo-Lake Erie Wireless Systems, L.L.C. (Blue Wireless) sought reconsideration of the LoC requirements, particularly the FCC’s “modest reduction” in the LoC maintenance amounts required after certain milestones.
  • The Rural Wireless Association, Inc. sought reconsideration of the decision to utilize a 5 Mbps download threshold to determine an area’s eligibility for MF-II support; its decision to eliminate from MF-II support eligibility those areas where VoLTE service is not available and where only one of the two types of 3G networks is available for voice fallback service via an unsubsidized carrier; and its decision to make substantive changes to the tower collocation requirement for MF-II support recipients.
  • CTIA proposed a new, three-stage challenge process and requested reconsideration of any aspects of the Order that would facilitate the adoption of its process. This alternative proposal would see mobile providers that file Form 477 data submitting shapefiles containing new coverage data that would be used in lieu of Form 477 4G LTE speed data. Then the FCC would use the newly submitted shapefiles, together with census mapping data, to create an aggregate nationwide map of the rural areas that are presumptively eligible to receive MF-II support. Then the FCC would administer a challenge process to allow interested parties the opportunity to challenge the Commission’s list of presumptively eligible rural areas for MF-II support.
  • Panhandle Telephone Cooperative, Inc. and Pine Belt Cellular, Inc. sought reconsideration of (i) eligibility for MF-II support for areas not covered by both CDMA and GSM networks and (ii) the “vague” area eligibility speed threshold of “at least 5 Mbps”.
  • The Rural Wireless Carriers argued that (i) the FCC should reconsider its decision to use a 5 Mbps broadband speed as the benchmark for determining whether geographic areas are eligible for MF-II support; (ii) the FCC should increase MF-II budget for broadband deployment in rural America; (iii) the FCC should eliminate numerous flaws in the collection and reporting of FCC Form 477 data; (iv) service by a carrier collocating facilities on a tower built with support must not be considered “unsubsidized competition;” and (v) the letter of credit requirement to secure performance is a wasteful and unnecessary burden on program participants.
  • T-Mobile USA, Inc. asked the FCC to reconsider the speed and latency thresholds, arguing that the current benchmarks of 10 Mbps for downlink and 1 Mbps for uplink “out of sync with the realities of providing mobile service in rural and hard-to-serve areas,” particularly the downlink speed. T-Mobile also asked the FCC to adopt a revised requirement that at least 90 percent of the measurements come in at “not less than 0.5 Mbps on the downlink and at least 90 percent of the measurements not less than 0.15 Mbps on the uplink.”

Carriers interested in submitting comments on any of these petitions should contact the firm for more information.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

E911 Indoor Location Accuracy Certifications Due for All CMRS Providers by June 2, 2017

This is an important reminder to all clients who operate mobile wireless networks and who use these networks to provide interconnected voice and data services that all providers of Commercial Mobile Radio Services (CMRS) are required to file with the FCC a certification of compliance with revised E911 indoor location accuracy benchmarks by June 2, 2017.

The initial benchmark requires CMRS providers to provide, as of April 3, 2017, dispatchable location or x/y location (latitude and longitude) within 50 meters for 40 percent of all wireless 911 calls. However, because of a substantive amendment the rules slipped into an “erratum” to an E911 order (a document normally used for minor corrections and to fix clerical errors), even those CMRS carriers that have not yet received a valid request from a PSAP capable of receiving and using Phase II E911 or indoor location data are expected to comply. In other words, the indoor location accuracy compliance and certification requirements are not predicated on participation by an E911-capable PSAP. Therefore, any carriers in that boat that are not yet compliant will need to file a waiver request with the FCC prior to the June 2 deadline, unless they are able to achieve compliance by then.

Under the rules adopted in the Indoor Location Fourth Report and Order, CMRS providers must certify within 60 days after each indoor location benchmark date “that they are in compliance with the location accuracy requirements applicable to them as of that date.” CMRS providers shall be presumed to be in compliance “by certifying that they have complied with the test bed and live call data provisions” in the rules. All CMRS providers “must certify that the indoor location technology (or technologies) used in their networks are deployed consistently with the manner in which they have been tested in the test bed.” Non-nationwide CMRS providers that do not provide service or report quarterly live call data in any of the six Test Cities (i.e., most, if not all of our law firm’s clients) must also certify that they have verified based on their own live 911 call data that they are in compliance with the applicable accuracy requirements. For clients whose networks are capable of providing dispatchable location of x/y location information as called for in the rules, we have prepared suggested certification language and will help them prepare an appropriate certification upon request.

As discussed above, providers of CMRS that have not yet received valid PSAP requests for Phase II service are strongly urged to seek waivers of the reporting and substantive requirements associated with the FCC’s revised location accuracy rules. Our law firm has prepared a waiver template that we can customize based on each company’s particular facts and circumstances. At the same time, CMRS providers that do provide Phase II service but whose networks are unable to meet the 50 meter benchmark standard for at least 40 percent of all wireless 911 calls will also need to file waiver requests. If your company is in either situation, contact our office immediately so we can timely prepare and file an appropriate waiver request.

Clients should contact us right away if you have any question about whether the indoor location certification applies to your company.

BloostonLaw Contacts: Cary Mitchell and John Prendergast.

FCC CIO Issues Statement on DDoS Attacks on ECFS

On May 8, FCC Chief Information Officer Dr. David Bray issued a statement that the cause of delays experienced by consumers recently trying to file comments on the FCC’s Electronic Comment Filing System (ECFS) was “multiple distributed denial-of-service attacks (DDoS).” Mr. Bray said, “These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic to our commercial cloud host. These actors were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC. While the comment system remained up and running the entire time, these DDoS events tied up the servers and prevented them from responding to people attempting to submit comments. We have worked with our commercial partners to address this situation and will continue to monitor developments going forward.”

Multiple news sources have observed that the reported DDoS attacks reportedly began shortly after late night host John Oliver called on viewers to visit a website that would redirect them to the correct page on the FCC site to leave their comments, leading some to wonder whether it was really another inundation of pro-net neutrality commenters, or something more nefarious.

BloostonLaw Contacts: Ben Dickens and Sal Taillefer.

Commissioner Clyburn Criticizes Chairman on Net Neutrality

On May 8, the Office of Commissioner Mignon Clyburn [...] a chart comparing quotes from Commissioner Pai to the FCC when it adopted a Notice of Proposed Rulemaking on net neutrality, to the actions he has taken since becoming Chairman earlier this year, with the question: Will Chairman Pai take Commissioner Pai’s advice?

Commissioner Pai’s Advice (2014) Chairman Pai’s Actions (2017)
“A dispute this fundamental is not for us, five unelected individuals, to decide. Instead, it should be resolved by the people’s elected representatives, those who choose the direction of government— and those whom the American people can hold accountable for that choice.” Moving forward with action at the FCC, with only three Commissioners.
“I recommended that the Commission seek guidance from Congress instead of plowing ahead yet again on its own.” Deciding the FCC is the appropriate venue, instead of waiting for Congress to act.
“We should ask ten distinguished economists from across the country to study the impact of our proposed regulations and alternative approaches on the Internet ecosystem. To ensure that we obtain a wide range of perspectives, let each Commissioner pick two authors.” No input sought from independent economists. No opportunity for other Commissioners to offer input.
“[W]e should host a series of hearings where Commissioners could question the authors of the studies and the authors of those studies could discuss their differences.” No hearings held.
“We should also engage computer scientists, technologists, and other technical experts to tell us how they see the Internet’s infrastructure and consumers’ online experience evolving.” No input sought from independent technologists.
“And [decisions made] should avoid embroiling everyone, from the FCC to industry to the average American consumer, in yet another years-long legal waiting game. Twice-upheld 2015 Open Internet Order being undone without any care for legal risks or uncertainty.
“We are not confronted with an immediate crisis that requires immediate action.” Rushing ahead to repeal net neutrality and Title II without any immediate need to do so.

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

Law & Regulation

Accounting Requirement Revisions Effective January 1, 2018

On May 3, the FCC published its Report and Order revising the Part 32 Uniform System of Accounts (USOA) in the Federal Register. The effective date of the revisions is January 1, 2018, except for the amendments to §§ 1.1409 (FCC Consideration of Complaints) and 32.1 (Background), which will become effective following publication of approval by the Office of Management and Budget.

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC adopted revisions to the Part 32 Uniform System of Accounts (USOA) to (a) consolidate Class A and Class B accounts, (b) amend rules regarding continuing property records for price cap carriers, and (c) better align with GAAP the USOA’s asset accounting rules, its AFUDC rules, and its materiality rules. These revisions, with the exception of the continuing property records rules, will apply to all carriers subject to Part 32’s USOA. However, the FCC also concluded that price cap carriers may elect to comply with GAAP accounting, subject to a commitment to mitigate any impact the election would have on pole attachment rates, instead of USOA. According to the FCC, “in light of [FCC] actions in areas of price cap regulation, universal service reform, and intercarrier compensation reform, the duty to maintain two sets of accounts is generally not necessary for price cap carriers.”

According to the FCC, these reforms will “significantly reduce the regulatory burdens associated with maintaining separate sets of financial accounts.” Part 32 specifies a chart of accounts and the types of transactions to be maintained in each account, while GAAP allows companies to determine their own system of accounts subject to certain principles in the form of an overarching system of broad accounting guidelines that address the recording of assets, liabilities, and stockholders’ equity. Further, GAAP allows carriers to record financial transactions in a manner that reflects the broader nature of the enterprise, while Part 32 compliance requires carriers to maintain two separate sets of financial and accounting books for federal regulatory purposes. Commenters emphasized the burdensome nature of this requirement.

BloostonLaw Contacts: Gerry Duffy.

Reinstatement of UHF Discount Effective June 5

On May 5, the FCC published its Order on Reconsideration reinstating the UHF discount in the Federal Register, establishing an effective date of June 5.

As we reported in a previous edition of the BloostonLaw Telecom Update, the UHF discount allows commercial broadcast television station owners to discount the audience reach of UHF stations when calculating their compliance with the national television ownership rule. When the FCC voted to get rid of the discount, however, it failed to consider whether this de facto tightening of the national cap was in the public interest and justified by current marketplace conditions. The FCC thus is reinstating the UHF discount for the time being and will launch a comprehensive rulemaking proceeding later this year to determine whether to retain it and/or modify the national cap.

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

Comment Deadline Established for Wireless Broadband Deployment Order

On May 10, the FCC published in the Federal Register its Notice of Proposed Rulemaking and Notice of Inquiry “commenc[ing] an examination of the regulatory impediments to wireless network infrastructure investment and deployment, and how it may remove or reduce such impediments consistent with the law and the public interest, in order to promote the rapid deployment of advanced wireless broadband service to all Americans.” Comments are due June 9, and reply comments are due July 10.

As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC seeks comment in the FNPRM and NOI on (i) streamlining state and local review; (ii) reexamining National Environmental Policy Act and National Historic Preservation Act review; and (iii) the implementation of Sections 253(a) and 332(c)(7) of the Communications Act, which prohibit State or local regulations that have the effect of prohibiting the provision of telecommunications and the preservation of State and local governments’ authority over decisions regarding the placement, construction, and modification of personal wireless service facilities.

BloostonLaw Contacts: John Prendergast.


NCHS Estimates that a Majority of Households Relied Exclusively on Cell Service in 2016

On May 9, the National Center for Health Statistics made available the Early Release data for its National Health Interview Survey (NHIS), which estimated that in the last six months of 2016, 50.5% of adults (123 million) and 60.7% of children (44 million) homes that were considered “wireless only,” i.e., with no landline in the residence. This is an increase of 2.5% from previous observations in 2015. Approximately 3.2% of households had no telephone service (neither wireless nor landline) in the second 6 months of 2016. About 3% of adults (7.4 million) and 3.1% of children (2.3 million) lived in these households.

The Early Release Program releases selected estimates of telephone coverage for the civilian non-institutionalized U.S. population based on data from NHIS, along with comparable estimates from NHIS for the previous 3 years. The estimates are based on in-person interviews that are conducted throughout the year to collect information on health status, health-related behaviors, and health care access and utilization. The survey also includes information about household telephones and whether anyone in the household has a wireless telephone.

A copy of the full report can be found here .

FCC Announces Membership of BDAC Model Code Working Groups

On May 9, the FCC issued a Public Notice announcing that Chairman Ajit Pai has appointed members to serve on two Broadband Deployment Advisory Committee (BDAC) working groups: the Model Code for Municipalities group and the Model Code for States group.

The Model Code for Municipalities Working Group will be chaired by Douglas Dimitroff, Partner at Phillips Lytle LLP, and the vice-chair will be the Honorable Sam Liccardo, Mayor of City of San Jose, California. The members of the group are: Richard Bennett; Debra Berlyn, Board of Directors of the National Consumers League; Chris Bondurant, Assistant Vice President, Construction and Engineering Operations at AT&T Mobile; Jaime Fink, Chief Product Officer at Mimosa Networks; Miguel Gamiño Jr., Chief Technology Officer at the Office of Mayor Bill de Blasio of the City of New York; Marc Ganzi, Chief Executive Officer at Digital Bridge Holdings LLC; Debbie Goldman, Telecommunications Policy Director at Communications Workers of America; Michael Grover, Vice President, Government Affairs at Cox Communications, Inc.; Robert Hance, President and Chief Executive Officer of Midwest Energy Cooperative; Larry Hanson, City Manager of the City of Valdosta, Georgia; Diane Griffin Holland, Vice President—Law & Policy at USTelecom—The Broadband Association; Marc Hudson, Chief Executive Officer of Rocket Fiber; Kim Keenan, President and Chief Executive Officer of the Multicultural Media, Telecom and Internet Council; Geoffrey Manne, Executive Director at the International Center for Law and Economics; Jim Matheson, Chief Executive Officer of the National Rural Electric Cooperative Association; David Mayo, SVP, Chief of Network Planning, Implementation & Business Operations at T-Mobile USA, Inc.; Milo Medin, Vice President, Access Services at Google Fiber; Brian Mefford, Chief Executive Officer of Connected Nation Exchange; Genevieve Morelli, President of ITTA; Larry Thompson, Chief Executive Officer of Vantage Point Solutions; Steve Vondran, Senior Vice President, U.S. Operations at American Tower Corporation; and Jason Williams, Chief Executive Officer of Blackfoot.

The Model Code for States Working Group will be chaired by Kelly McGriff, General Counsel for Southern Light, and the vice-chair will be the Honorable Karen Charles Peterson, Commissioner of the Massachusetts Department of Telecommunications and Cable. Members of the group are: Allen Bell, DOT, Joint Use and Franchise Manager at the Georgia Power Company; Scott Bergmann, Vice President, Regulatory Affairs at CTIA; L. Elizabeth Bowles, President and Chair of Aristotle Inc.; Doug Brake, Senior Analyst, Telecom Policy at the Information Technology and Innovation Foundation; Kelleigh Cole, Director of the Utah Broadband Outreach Center at the Utah Governor’s Office of Economic Development; Brigitte F. Daniel, Executive Vice President of Wilco Electronic Systems; David Don, Vice President, Regulatory Policy at Comcast; Jaime Fink, Chief Product Officer at Mimosa Networks; Heather Burnett Gold, President and Chief Executive Officer of the Fiber Broadband Association; Carlos Gutierrez, Deputy Director, Legal and Policy Affairs at the LGBT Technology Partnership & Institute; Michael Hain, General Manager and Chief Technology Officer of Nittany Media; Betsy Huber, President of National Grange; Kathy Johnson, Director at the Alabama Office of Broadband Development; Brian Mefford, Chief Executive Officer of Connected Nation Exchange; Dr. Robert Pepper, Head of Global Connectivity Policy and Planning of Facebook; Ken Pfister, Vice President—Strategic Policy at Great Plains Communications, Inc.; Michael Potter, Member, Board of Directors at Geeks Without Frontiers; Ed Roach, Associate General Counsel for Regulatory Compliance of SBA Communications, Inc.; Rep. Tom Sloan of the Kansas House of Representatives, 45 th District; Tom Stroup, President of the Satellite Industry Association; Brian Tagaban, Director of Governmental Policy at Sacred Wind Communications, Inc; Christopher Yoo, Professor at the University of Pennsylvania; and Martin Yudkovitz, Member, Board of Directors of Cincinnati Bell.


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

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

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

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

BloostonLaw Contacts: Richard Rubino.

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

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

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

BloostonLaw Contacts: John Prendergast and Sal Taillefer.

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

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

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

BloostonLaw contacts: Ben Dickens and Gerry Duffy.

Calendar At-A-Glance

May 11 – Reply comments are due on Mobility Fund Phase II FNPRM.
May 11 – Final payments for Forward Auction are due (6 PM ET).
May 11 – Deadline to object to BDS Competitive/Non-Competitive County List.
May 15 – VRS Rule Revisions are Effective.
May 16 – Comments in Support or Opposition to Petitions for Reconsideration of Mobility Fund Phase II Order are due.
May 17 – Short Form Tariff Review Plans are due.
May 24 – Comments are due on Broadband-Enabled Healthcare Public Notice.
May 26 – Reply comments on Oppositions to Petitions for Reconsideration of Mobility Fund Phase II Order are due.
May 26 – Study Area Boundary Recertification is due.
May 30 – Comments are due on remaining VRS FNPRM sections.
May 31 – FCC Form 395 (Annual Employment Report) is due.
May 31 – Comments on Short Form Tariff Review Plans are due.

Jun. 1 – Deadline to increase local residential rates above $18 to avoid reductions in support.
Jun. 2 – Deadline for CMRS to certify compliance with E911 location requirements.
Jun. 7 – Reply comments on Short Form Tariff Review Plans are due.
Jun. 7 – Reply comments on State of Mobile Wireless Competition Report are due.
Jun. 8 – Reply comments are due on Broadband-Enabled Healthcare Public Notice.
Jun. 9 – Comments on Wireless Broadband Deployment Order are due.
Jun. 12 – Comments are due on VRS User Equipment Profile FNPRM.
Jun. 16 – 15-Day Tariff Filings are due.
Jun. 23 – Petitions regarding 15-Day Tariff Filings are due.
Jun. 26 – Reply comments are due on remaining VRS FNPRM sections.
Jun. 26 – 7-Day Tariff Filings are due.
Jun. 27 – Replies to Petitions regarding 15-Day Tariff Filings are due.
Jun. 29 – Petitions regarding 7-Day Tariff Filings are due (NOON EST).
Jun. 30 – Replies to Petitions regarding 7-Day Tariff Filings are due (NOON EST).

Jul. 3 – FCC Form 481 is due.
Jul. 3 – Mobility Fund Phase I Recipient Reports are due.
Jul. 10 – Reply comments on Wireless Broadband Deployment Order are due.
Jul. 11 – Reply comments are due on VRS User Equipment Profile FNPRM.
Jul. 31 – FCC Form 507 (Universal Service Quarterly Line Count Update) is due.
Jul. 31 – Carrier Identification Code (CIC) Report is due.
Jul. 31 – International Traffic Data Report is due.

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


Harold Mordkofsky, 202-828-5520,
Benjamin H. Dickens, Jr., 202-828-5510,
Gerard J. Duffy, 202-828-5528,
John A. Prendergast, 202-828-5540,
Richard D. Rubino, 202-828-5519,
Mary J. Sisak, 202-828-5554,
D. Cary Mitchell, 202-828-5538,
Salvatore Taillefer, Jr., 202-828-5562,

Bose Sued for Violating Wiretapping, Eavesdropping, Intrusion of Privacy, Fraud and Deceptive Business Practices, and Unjust Enrichment

By Tyll Hertsens • Posted: Apr 20, 2017

Sure, when reviewing the Bose Quiet Comfort 35 I downloaded the app to check it out. I thought the app was pretty useless . . . turns out the main purpose of the app was to check me out.

In a suit filed with the United States District Court for the Northern District of Illinois, Kyle Zak brings a class action complaint against Bose for "...secretly collecting, transmitting, and disclosing its customers’ private music and audio selections to third parties, including a data mining company."

Evidently, during the sign-up process for the app, the user discloses Bose product serial number; full name; email address; and phone number. The suit alleges the app then:

"...continuously record the contents of the electronic communications that users send to their Bose Wireless Products from their smartphones, including the names of the music and audio tracks they select to play along with the corresponding artist and album information, together with the Bose Wireless Product’s serial numbers."

"And by collecting the Bose Wireless Products’ serial numbers along with Media Information, Bose is able to link the Media Information to any individual that has registered or will register their products, thus enabling Bose to create detailed profiles about its users and their music listening histories and habits."

"(Bose) also intentionally designed and programmed its Bose Connect app to automatically disclose and transmit its customers' Media Information to third party companies, including a data miner called, Inc."

"According to its home page, is a sophisticated data mining and analysis company that can be used to "Collect all of your customer data and send it anywhere."

Well, I guess it's no surprise. God only knows how many of our gadgets are sending hints of our personal preferences and desires off to corporations to improve their bloodsucking efficiency. In this case I'll simply restate what I said about the app in my review:

There is also a smartphone app to go along with the QC35 (iOS and Android). It doesn't really do anything but allow you to manually switch Bluetooth pairing to other available devices. Not recommended.

To which I'll now add a link to this post.

C'mon Bose, don't give in to this crap. You make a great headphone, just keep working on that. From the QC30 page:

And with QuietControl 30 wireless headphones, we’ve added another breakthrough technology: controllable noise cancellation that lets you choose how much of the world you want to let in.

So, how about you also give us control over how much us we want to let out to the world?

Source: Innerfidelity  

NEWS Some HP PCs are recording your keystrokes

Security company Modzero found a program acting as a keylogger in certain HP PCs.

By Ian Paul Contributor, PCWorld | MAY 11, 2017 7:08 AM PT

Credit: HP

Nearly thirty different Hewlett-Packard Windows PC models may be recording every keystroke their owners make and storing them in a human-readable file accessible to any user on the PC. Oh, boy.

Switzerland-based security company Modzero recently discovered a keylogger present in an audio program in HP PCs called MicTray. Modzero reported it on their blog early Thursday morning .

You can also find a complete list of affected HP PC models in the company's security advisory . Affected models include PCs from the HP Elitebook 800 series, HP ProBook 600 and 400 series', the EliteBook Folio G1, and others. The program has existed on HP PCs since at least late 2015, Modzero says.

The keylogger in question appears to be a creation of either HP or Conexant, one of HP's component partners. PCWorld has contacted HP and Conexant for comment. We'll update this article if the companies respond.

Poor execution

While the keylogger sounds nefarious, it's appears to be the result of some poorly conceived solutions to legitimate problems. The software in question is designed to identify whether a user has entered certain keystrokes that activate audio hardware features, according to Modzero. The program could be monitoring to see whether a microphone is supposed to be on or off, for example.

But in addition to monitoring for specific key presses there are also some diagnostic and debugging features built into the software, Modzero says. The end result is that as of MicTray version all keystrokes on affected HP PCs are recorded in human readable format and accessible at

That file could contain sensitive information such as passwords and usernames, as reported by Modzero. The file is overwritten with every login on the PC, but that erased content could still conceivably be retrieved by a sophisticated attacker.

The impact on you at home: If you have an HP PC, first check to see if the program in question exists on your PC as either
. If it does exist, Modzero advises deleting or renaming it to prevent MicTray from running and logging your keystrokes; however, that may mean some of the media keys on your PC will no longer function.

Next, go to and erase that file. If you don't see it, click thee View tab in File Explorer and check off the Hidden items checkbox. Also keep in mind that if you make regular back-ups of your hard drive that include the Public folder, the keylogging file may also exist there with sensitive information in plain text for anyone to see.

Source: PCWorld  

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La Bamba • Playing For Change • Song Around The World

Published on Jul 16, 2014
We started this recording on a back porch in East Los Angeles with members of Los Lobos, and then returned to the roots of the song in Veracruz, Mexico. As we traveled, musicians everywhere mixed the traditional and rock 'n' roll styles of “La Bamba” into a new Song Around The World.

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