Categories

Mobilitie: Fake News; FCC Fines; and Churchill’s Barking Dog.

Mr. Jason Caliento, the Executive Vice President of Network Strategy at Mobilitie, presented the keynote address and a follow-up discussion at the AGL Summit on September 27, 2018. That Summit was held in Kansas City as an ongoing part of AGL’s (very important for municipal officials and industry personnel alike) lecture series.

I spoke at the AGL Summit on a 5G topic, but that’s not the focus of this post.

Mr. Jason Caliento (left) with Mr. Bryan Tramont.  Photo  Copyright © 2018 by Dr. Jonathan Kramer

The focus of this post is a snippet of about 2 minutes and 40 seconds of the one-on-one follow-up discussion with Mr. Bryan Tramont, Esq., the Managing Partner of Wilkinson Baker Knauer, LLP. The subject of that portion of their exchange was the 2018 Consent Decree between the FCC, Sprint, and Mobilitie. That Decree was adopted and released on April 10, 2018. (CLICK HERE to download and read the Consent Decree.)

In their relatively short exchange, Mr. Caliento managed to claim that there was some sort of ‘fake news’ involvement in the story about Sprint and Mobilitie violating the FCC’s rules; that the ends justified the means; and that Mr. Caliento seems guided by Sir Winston Churchill’s quote, “You will never reach your destination if you stop and throw stones at every dog that barks.” I suppose an apparently intentional program between Mobilitie and Sprint to build sites absent required regulatory permissions is the barking dog in his odd analogy.

Please listen to Mr. Caliento’s comments responding to Mr. Tramont on this topic in its entity.  Then you may decide for yourself what you think of Mobilitie’s and Sprint’s (presumably and hopefully former) approach to regulatory compliance:

Okay. I suppose that’s one way to spin intentionally violating federal regulations because the ends seem to justify Mobilitie’s and Sprint’s means. Further, as for the ends justifying the means, apparently paying the FCC an $11 million dollar fine seems a very small and economical price to Mobilitie and Sprint given the billions Mr. Caliento claims that they have saved (and presumably will save).

I opine that now we know the real fake news.

Jonathan

PS: The next AGL Summit is in Atlanta, Georgia on November 8th. Unfortunately, I won’t be able to attend, but I highly recommend this event to municipal officials who want the real story about what’s happening in the coming 5G world. -jlk

Facebooktwittergoogle_plusredditpinterestlinkedinmail

FCC’s “SWFFR” Order and 3rd R&O

As many of you know, last Friday the FCC released a Declaratory Order and 3rd Order and Report, mainly covering the deployment of “Small Wireless Facilities.”   I’m calling these sites ‘SWFFRs’ (Small Wireless Facilities-Federal Rules).

If you haven’t seen the SWFFR order, you can download it below in WORD format.

I’ll have a lot to say about these rules, but not yet.

Jonathan

CLICK BELOW to download the FCC’s SWFFR:

FCC-18-133A1

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Can. You. Throttle. Me. Now?

By now you’ve probably read published stories or seen the news videos about Verizon Wireless throttling (throttle) data rates of firefighter phones in California.  See, for example, this Ars Technica article.

Some call this a net neutrality issue.  I don’t see it that way.

I see this as a public safety issue, and ripe for a thoughtful California legislator to step up and introduce legislation to establish a statewide public safety users database (“PSUD”) that would contain the phone numbers of all registered public safety user (firefighters, police, etc.).  Let’s lasso the carriers to get them back under the mantle of public safety.

Plan A: The legislation I envision will prohibit a wireless carrier–any wireless carrier–from throttling data rates or disconnecting a registered user during federally or state-declared emergencies once notice is sent to the carriers by a designated state office.

I suspect the wireless carriers will say that they can’t do this for one reason or another, or they are somehow unable to act quickly on anti-throttle notices sent from state officials, thus the legislation should not move forward.

If the carriers do say it can’t be done as I’ve set out in Plan A–really, when they say it–I have a splendid Plan B:  The alternative version of the law I envision will prohibit throttling or data caps for any registered device at any time, and require that the carrier send no fewer than 5 texts over 10 calendar days, plus a 10-day letter, warning in advance of account cut-off.

If the carriers are truly concerned about public safety–which sometimes I wonder–then they should embrace legislation like I propose.

It’s about life and property safety, not data caps and profit.

I’ll be talking with some friendly California legislators about this legislative initiative.

-Jonathan

PS: Perhaps the California State Firefighters Association and the California Peace Officers Association #CalPeaceOfficer would like to cooperate to add this to the top of their legislative agendas.  I suspect they might like my little initiative.  I’d be happy to help them write the draft legislation with real teeth at no charge. -jlk

PPS: It seems like this idea would be easy to spread to other states for adoption.  Hummmm.  -jlk

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Coronado, California Adopts New Wireless Ordinance

Last night, August 21, 2018, the City of Coronado, California adopted a new wireless ordinance. In fact, it was their first wireless ordinance, and it focuses on 5G and beyond.

During the hearing, I presented a short PowerPoint presentation on 5G and why the wireless industry moves in seemingly mysterious ways.

If you’d like to learn about the new ordinance, and listen to my lecture to and discussions with the City Council, please visit:  https://coronado.12milesout.com/meeting/council/8-21-2018  and select item 8b.

Jonathan

Facebooktwittergoogle_plusredditpinterestlinkedinmail

The Wireless Sky is Falling!

The wireless sky is NOT falling!

The Wireless Sky is Falling! The Wireless Sky is Falling…

Yes, the wireless sky is falling according to various firms who want landlords to hire them to sell their Sprint leases.  Our landlords are receiving letters and emails from various firms wanting to buy Sprint leases, with justifications such as:

‘Once the T-Mobile-Sprint deal is done, the value of your Sprint Site will drop to $0.’

‘Sprint will lay off 70+% of its staff.’

‘Sprint will shutter half of its cell sites.  Yours will be one of the sites they shutter.’

‘Your Sprint site is surrounded by [insert any number] of T-Mobile sites.’

‘You’ve got a narrow and closing window to act before the FCC and DOJ green-light the merger.’

Once they have set their end-of-the-world table, these firms then suggest that now is the time to hire them to help sell the soon-to-be-worthless Sprint lease.

Wait, I don’t get it…

Why would any buyer be interested in buying a worthless site owned by a company that’s going to shed the better part of its staff, and shut down half of its sites?

Yes, why indeed!?

If history is any indicator, post-merger (by a couple of years), there will be some site shut downs, but many will survive. Not all the sites to shutter will belong to Sprint…some T-Mobile sites will be goners, too.

The lowest hanging fruit for shut downs will be where Sprint and T-Mobile are collocated on the very same tower or property.  Next will likely Sprint and T-Mobile sites nearby to each other (blocks).  Finally, sites further separated will get the evil eye.

Expect companies like MD7, BlackDot, and other so-called site lease optimizers to be pulled in to push landlords to cut their rents, extend their terms, and other fun stuff (wait for: ‘Hello landlord…Now that T-Mobile and Sprint have merged, they have too many sites. T-Mobile is considering terminating your lease, but if you give them a big fat kiss in the way of a long-term rent reduction, an elimination of other terms favorable to you, they’ll stay…’).

If the T-Mobile/Sprint deal is done, we’re in for interesting times.  Before that, however, don’t get suckered into selling your Sprint (or T-Mobile) lease until you get competent counsel that help you understand your legal position.

Competent counsel does not come dressed like a little bird, nor does competent counsel cry out that the wireless sky is falling.

Jonathan

 

 

 

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Wireless Carrier Attempts Backdoor Land Grab

Our law firm recently dealt with an interesting issue: an attempted unpaid land grab by a carrier. This is an issue that wireless site landlords should ALWAYS be on the lookout for when reviewing the plans for a proposed site modification. This story deals with a proposed standby power generator.

In the matter we just . . . → Read More: Wireless Carrier Attempts Backdoor Land Grab

Mayor Sam Liccardo Resigns from FCCs Sham BDAC

Today, San José Mayor Sam Liccardo resigned from the FCC’s Broadband Deployment Advisory Committee (“BDAC”). This comes as no surprise to most of us in the local government sector, yet we’re sorry to see him leave.

When FCC Chairman Ajit Pai announced just one year ago his intention to form the BDAC as a vehicle . . . → Read More: Mayor Sam Liccardo Resigns from FCCs Sham BDAC

New Mobilitie Design: The ‘Fanny Pack’

Mobilitie, the purveyor for Sprint of such new but instant classic wireless designs as:

The “Speargun” Design * (see below)

and

The “Pox on a Pole” Design (this is the Walrus version) *

and

The “Stick it Up Your Pole” Design * # (see below)

…has (finally) come up with a fairly-decent . . . → Read More: New Mobilitie Design: The ‘Fanny Pack’

Most Favored Wireless Lessee Clause?

One of the big wireless carriers has added an interesting new ‘standard provision’ in its lease template. It’s a clause that makes that particular lessee the ‘most favored lessee’ over the decades-long life of the agreement.

Some of you will recognize this type of contract provision as a Most Favored Nation (“MFN”) clause.

In the . . . → Read More: Most Favored Wireless Lessee Clause?

Sprint Uses My Photo of Mobilitie to Promote Small Cells

I guess Sprint really, really likes my cell site photo collection, and photos I use in my lectures. So much, in fact, that they they included one of my annotated photos of a Mobilitie ‘pox-on-a-pole’ site in Los Angeles as a presentation tool in an Ex Parte meeting with 9 staff members at the FCC . . . → Read More: Sprint Uses My Photo of Mobilitie to Promote Small Cells