SCMA Members are Virtually Meeting on Discord. Join Our Weekly Get-Togethers

Thanks to Gene Stubbe, LA-137, SCMA Members are getting together and chatting every week using the virtual meeting app Discord.

Due to the “stay at home” orders and the ban on social gathering, we are not able to hold in-person meetings for the foreseeable future. So Gene took it upon himself to do something to bring the club members together.

Using the virtual meeting app Discord, Gene set up a server where we can all connect and chat about the state of the world (at least the world of scanning) and enjoy the social camaraderie we have been missing. So far, we’ve just been using voice chat and text, although it is possible to use video if anyone is so brave to do so.

Discord is a free VoIP application and runs on Windows, macOS, Android, ios, Linux, and in web browsers. It was designed for video gaming communities that specialize in text, image, audio, and video communication between users in a chat channel.

Other members have suggested using the Zoom app, but Discord is working fine and is easy to set up on your computer, notebook, or smartphone.

To join the SCMA Group on Discord you will need to be on the SCMA Email Yahoo Group email list to receive an invitation link. We are doing this to keep the group private and prevent people from “bombing” the chat with spam. If you are not receiving SCMA emails, you can request to join the email list at THIS LINK.

Join the fun every Wednesday night at 7:00 PM. We look forward to hearing from you.

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Coast Guard Extends Mobile Connectivity to Distressed Mariners with ‘i911’

The U.S. Coast Guard is taking advantage of phone-tracking services to locate distressed mariners up to 20 nautical miles offshore through a mobile app that acts like 911 emergency service.

The “i911” app is currently being used in the Pacific Northwest and has the clearance to be implemented at Coast Guard districts across the country. While the guard describes the software as “groundbreaking” in a news release, it behaves like similar technology already used by law enforcement and consumers. Its adoption by the Coast Guard, however, represents a step in a more modern direction for an agency whose legacy IT systems are on the “brink of catastrophic failure,” according to its top officer, Adm. Karl Schultz.

The i911 application allows Coast Guard fleets to access phone location data through a web-based interface for mariners in need of a rescue, according to the release. Boaters don’t need to download anything as long as they can click a link texted to them from rescuers and enable the sharing of their location data.

“While VHF radio remains the most reliable form of distress communication, this tool gives the Coast Guard another avenue to rapidly locate mariners in distress utilizing smart phone technology,” said Lt. Cmdr. Colin Boyle, the command center chief of the 13th district in Washington that is the first to adopt the technology.

In February, Schultz called for a “tech revolution” to increase off-shore connectivity and modernize legacy systems across the service. Much of the guard’s plan revolves around cloud migration and upgrading hardware on cutters, mid-sized ships that make up the bulk of the service’s fleet. These initiatives are designed to improve services and better take advantage of applications like i911.

The tech is a free service developed by Callyo Incorporated, a mobile technology company that caters to the law enforcement market. The application is also used by other law enforcement agencies across the country, according to the company’s website. The application can only access location data during rescue operations with the permission of the distressed mariner.

“In addition, the location sharing feature is only utilized during an active search and rescue case and can be turned off by the mariner at any time,” Boyle said in a news release.

Procurement documents show the Coast Guard had a “Cooperative Research and Development Agreement” with Callyo in 2019. That year, the Guard ran pilot programs for the app’s use, which lead to several successful rescues, the guard said. While the 13th district in the Pacific North West is the first part of the guard to fully implement the technology, the rest of the service has the authority to adopt it.

This type of technology has been prevalent for years and widely used in many other industries. Phones-based location data is used in services like Apple’s “Find My” app, which allows authorized location data viewing for devices and many companies use large-scale data aggregation of smart phone location data.


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Ensuring Critical Communications for 13 Agencies Across Los Angeles County With Computer Aided Dispatch Upgrade

The Verdugo Fire Communications (VFCC) center operates out of the Glendale Fire Department and is owned by the cities of Glendale, Burbank and Pasadena, the Tri-Cities. Just last year, the dispatch center answered almost 180,000 calls for 13 agencies, including Glendale, Burbank, Pasadena, Alhambra, Arcadia, Monrovia, Montebello, Monterey Park, San Gabriel, San Marino, Sierra Madre, South Pasadena and the Hollywood Burbank Airport.

At 5:00 a.m., May 12, the Verdugo Fire Communications Center went ‘Go Live’ with a new state of the art computer aided dispatch (CAD) software system. The complex project involved the coordinated participation of all thirteen agencies and guidance from the Tri-Cities. The new Northrup Grumman, Command Point CAD will replace a system that is 30 years old and will provide an increased level of service to the communities we serve while improving the safety of our first responders. “The enhancements and improvements that this state of the art, Computer Aided Dispatch system brings to the 13 agencies and over 1 million people served through Verdugo Fire Communications center each day, will continue to make use the leading multi-agency Fire and EMS dispatch center in Los Angeles County” said Silvio Lanzas, the Glendale Fire Chief who oversees the Verdugo Fire Communications Center.

The new CAD upgrade is a mission-critical command and control system that enables emergency communications center personnel to manage calls and resources. It provides all relevant information in a feature-rich user interface which efficiently supports dispatching operations of public safety agencies. The system allows personnel to make informed decisions and meet high performance demands for fire and emergency medical services.

For over 40 years, the VFCC has served as the first point of contact for those seeking immediate assistance during an emergency in our area and they currently serve the Glendale Fire Department and 12 other jurisdictions. During a CAL OES, 9-1-1 Branch audit, Verdugo was recognized for being an industry leader in 9-1-1 call answering. California has adopted a standard of answering 9-1-1 calls 95% of the time in less than 15 seconds. The Verdugo Fire Communications Center exceeds this standard by answering 9-1-1 calls within 15 seconds 99.58% of the time.

The Glendale Fire Department and the 12 other jurisdictions who are served each day by the VFCC are grateful to the Verdugo Fire Communication Center staff, and all the telecommunication professionals across the country for their commitment to the safety and well-being of first responders and the citizens of the communities we serve.

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Los Angeles is Deploying Medical Street Teams to Help Protect Homeless People from Coronavirus

Los Angeles is sending medical street teams to help protect homeless people during the coronavirus pandemic that’s killed tens of thousands nationwide, city officials said.

In the United States alone, the coronavirus outbreak has left more than 37,000 people dead and sickened nearly 710,000. California is one of the hardest-hit states, with about 30,000 cases of infection and more than 1,000 people killed.

Under the effort that starts Monday, deployed medical teams will focus on people living on the streets and provide them with rapid-results coronavirus tests, regular health and welfare screenings, counseling and transportation to shelters and hotels, Los Angeles Mayor Eric Garcetti said Friday.

Additional resources will be sent to the city’s Skid Row, and will include nursing staff, mental health workers and case managers. They’ll provide the homeless population there with face coverings and other necessary items while working to take them off the streets, the mayor said.

“We have to get more screening, testing, and treatment to Angelenos who are most vulnerable to this virus,” Garcetti said. “We’re putting experts and resources in places where they can make an immediate difference and help save lives.”

The Los Angeles Fire Department will set up a pop-up testing clinic to deliver fast results. They’ll feature physical distancing waiting rooms and provide direct referral and transport to isolation and quarantine areas, he added.

“We’re deploying every resource to help people who are most vulnerable and susceptible in this crisis,” Garcetti said.

The city has urged hotel and motel owners to participate in Project Roomkey, which will provide a place to stay for high-risk people experiencing homelessness. The state has secured thousands of rooms and is negotiating with additional hotels and motels in counties with significant homeless populations.

Gov. Gavin Newsom announced the state’s Project Roomkey effort this month, setting an initial goal of securing up to 15,000 rooms to move people off the streets.

“Homeless Californians are incredibly vulnerable to Covid-19 and often have no option to self-isolate or social distance,” Newsom said. “By helping the most vulnerable homeless individuals off the street and into isolation, California can slow the spread of Covid-19 through homeless populations, lower the number of people infected and protect critical health care resources. We’re working hard with our county partners to get these hotels up and running as rapidly as possible.”

In addition to the hotels and motels, the governor facilitated hundreds of trailers purchased by the state and operated by the local governments to be used in a similar way as Project Roomkey.

Source: CNN

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Forest Service Suspends Controlled Burns Over Coronavirus

A charred landscape is left by a wildfire dubbed the Cave Fire, burning in the hills of Santa Barbara, California, U.S., November 26, 2019. REUTERS/David McNew/

The U.S. Forest Service has suspended controlled burns on public lands in wildfire-prone California because of the coronavirus pandemic, upsetting officials who see the program as key to preventing seasonal infernos like those that devastated parts of the state in 2018.

The decision comes as forecasters predict yet another above-average year for wildfires in parts of the state because of dry conditions, and follows President Donald Trump’s repeated criticism of California’s own forest management work following the 2018 fires.

“Safety of the public and our wildland fire responders is priority number one,” said Jonathan Groveman, a spokesman for the Forest Service in California, whose office suspended controlled burns at the end of March.

He did not say when the work would resume. The Forest Service controls about 60 percent of California’s 33 million acres of forests.

John Giller, fire director for the U.S. Forest Service region in Washington and Oregon, confirmed controlled burns were suspended in those states as well, and said the agency’s “focus this spring is on the immediate decisions we can make to help communities face this pandemic.”

Suspending the work allows Forest Service employees to stay home to prevent the spread of the coronavirus and ensures that smoke from controlled burns does not make people in nearby communities more vulnerable to the symptoms of the deadly respiratory illness, said Kaari Carpenter, a Forest Service spokeswoman in Washington.

Decisions about whether to suspend burns are at the discretion of regional offices, the USFS said.

California officials said they disagreed with the decisions and were continuing their own forest management work on state lands through the pandemic.

“I have no understanding as to why they made that decision,” said Thom Porter, director of the California Department of Forestry and Fire Protection, or Cal Fire. “We’re very much in support of continuing our fuel-management projects. We see those as critical to protecting lives and property.”

In 2018, the state experienced its deadliest and most destructive fire season ever as 1.67 million acres burned, killing dozens of people.

Trump has since repeatedly blamed California’s fires on the state’s supposed mishandling of its forests. In 2018, Trump also signed an executive order to speed projects to reduce “hazardous fuels” on federal lands through forest thinning, burning and timber sales.

The U.S. Forest Service treated some 223,000 acres in California last year using prescribed fires and other methods, according to spokesman Nathan Judy.

Cal Fire is planning to burn about 25,000 acres this year on state and private lands, similar to what it did in 2019. It wants to more than double that amount in the next six years, Porter said.

Source: Reuters News Service

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LAPD Officers will Isolate at Biltmore Hotel

Scores of Los Angeles police officers who have symptoms related to the coronavirus or who must quarantine because of possible exposure have the choice of self-isolating at home or moving into the Biltmore Hotel in downtown L.A., according to two law enforcement sources.

The officers will be housed on at least two floors of the iconic Pershing Square hotel, a move the LAPD has kept under wraps from the public, the sources said. The accommodations are not being covered with taxpayer funds but are paid for by the Los Angeles Police Foundation, a nonprofit independent group that buys police equipment and offers other support to the LAPD.

Staff of another city agency, the Los Angeles Fire Department, will self-isolate or quarantine in fire station community rooms, which are used mainly as classrooms, according to Capt. Branden Silverman. The ad-hoc facilities, which are in separate buildings from the stations, are equipped with bathrooms and showers and have been furnished with cots, although Silverman said nearly all of the LAFD staff have been able to self-isolate at home.

“We’re preparing for a huge influx of department members becoming ill,” Silverman said. “We definitely needed to have that logistical setup ready, but we have not been as impacted as the East Coast fire departments.”

Josh Rubenstein, a spokesman for the LAPD, asked The Times not to publish the location of the hotel, citing officer security concerns.

The LAPD was trying to make its officers’ presence at the Biltmore as low key as possible, sources said. One source said that although the hotel has a reputation for luxury, that was not the primary reason for its use.

Rubenstein said the hotel was selected for its central location and relationship with the department.

“It fits the bill for what we need for our officers,” Rubenstein said. He referred questions about the cost of the rooms to the Police Foundation.

Rooms at the Biltmore typically run about $180 and up per night, plus taxes. The hotel has advertised a special discount for government employees, $120 per night. It’s unclear what the hotel was charging.

LAPD Chief Michel Moore announced the hotel accommodations in a video message to staff on April 9, although he did not identify the Biltmore by name.

“The dangers you face in coming to work while others are staying at home are not lost on me,” Moore said in the video.

Moore said that as part of the plans to keep LAPD officers safe, he worked with leaders from the officers’ union, the Los Angeles Police Protective League, to identify a suitable hotel in downtown L.A. The hotel was to be used by those who test positive, who are starting to experience flu-like symptoms, or who are awaiting test results or otherwise must go into isolation based on possible exposure.

“This rest and isolation center has been made possible by a generous donation from the Police Foundation, and hotel accommodations will be provided at no cost to you. Our first preference is for you to stay at home. However, I recognize that may cause you even more stress and the potential risk to those you love. So these accommodations are for you,” the police chief said.

In the video message, Moore said the LAPD learned of its first positive COVID-19 case on March 15. A week later, he said, it had grown grew to three cases.

Now, more than 400 employees have been tested.

As of Wednesday, 57 LAPD employees had tested positive for the coronavirus, with 17 recovering and returning to work.

One individual was hospitalized.

The rest were self-isolating, officials said.

Source: Los Angeles Times

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Late Night Blaze Destroys North Hollywood Dollar Store

Late into the night, a North Hollywood business erupted in flames, destroying the building.


At 1:01AM on April 16, 2020, the Los Angeles Fire Department responded to a reported structure fire in the 12000 block of W Victory Blvd in North Hollywood.  The first arriving fire companies found a large, one, story commercial building with fire showing.

An immediate offensive operation ensued; fire attack worked to make entry into the building while the truck company headed to the roof for vertical ventilation.  However, approximately 10 minutes into the incident, the lack of progress towards the seat of the fire and concern for the structural integrity of the structure caused the incident commander to order the transition to the defensive mode.

With all crews out of the building and off the roof, master streams were put into place. Ladder pipes and large hand lines poured copious amounts of water into the fire from the exterior. While the bulk of the fire was extinguished approximately one hour into the incident, difficult to reach pockets of fire remained and continued to flare up.

The 8,111 square foot building, built in 1957, was doing business as Dollar Deluxe, a ‘dollar store’ and had a significant fire load (amount of contents inside the structure). This environment presented challenges to the firefighters as they worked to safely reach the seat of the fire.

The bulk of the flames were extinguished by about 2:10 a.m., but a knockdown was not declared because pockets of fire continued to flare up due to the large number of items inside the Dollar Deluxe store, LAFD Capt. Cory Weireter said.

Nearly 100 firefighters, under the command of Assistant Chief Corey Rose, battled through the night. At 3:06AM (two hours and four minutes into the incident), the incident clock was turned off and firefighters continued working to address the remaining hot spots. 

LAFD Arson and Counter-Terrorism section responded, per protocol for a fire of this size, to conduct the cause investigation and it remains an active investigation.  No injuries were reported.

The commercial space east of North Hollywood’s Valley Plaza is known for its 1970s and ’80s tenants. Clothing retailer the Gap and record store Licorice Pizza shared the space during that time.

Area: FS 89; Batt 14; Valley Bureau; Council District 2

LAFD Resources: AR11 AR2 BC1 BC10 BC12 BC14 CM42 E102 E203 E239 E260 E278 E287 E289 E298 E3 E39 E60 E86 E88 E89 EA1 EM14 HE1 HR3 PI3 RA60 RA860 RA889 RA89 SQ87 T3 T39 T60 T78 T87 T89 T98 UR3 UR88

Frequencies: LAFD Ch8, LAFD Tac12, LAFD Tac13

Source: LAFD Spokesperson Margaret Stewart, and City News Service. Photo Credits: Photo by Chris Eckenrode

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Will SmartPhones Replace Public Safety Radios? FirstNet Push-to-Talk Just Might Make That Happen

FirstNet Push-to-Talk (PTT) service, provided by AT&T, delivers the performance that public safety needs and can be an LMR alternative for some agencies, according to the captain of a New Jersey police department that conducted a beta trial of the new offering.

“I think it’s really going to be a game-changer for public-safety communications,” Capt. Guy Patterson of the Cranford (N.J.) police department said during an interview with IWCE’s Urgent Communications.

“I absolutely see [FirstNet PTT] as a replacement, especially as this current generation of Land Mobile Radio (LMR) inevitably advances to whatever the next generation is. When it’s time to make that move, and you have to do a very large capital project to update your infrastructure and everything else, it makes perfect sense just to abandon the LMR completely and go with the FirstNet Push to Talk.”

Cranford police trialed FirstNet PTT service using FirstNet Ready Samsung Galaxy XCover FieldPro devices for almost three months at the end of 2019 and during the early portion of this year. Cranford police has used AT&T carrier-integrated PTT and currently subscribes to Enhanced Push to Talk (EPTT)—both leveraging Kodiak technology owned by Motorola Solutions—but personnel were especially impressed with the new FirstNet PTT, according to Patterson.

“All of them have been useful, but with the latest version [FirstNet PTT], the clarity and the speed is noticeably improved,” he said.

“The voice quality on [FirstNet PTT] is probably better than LMR—it really is. It was crystal clear. Almost universally, of the detectives and officers that tested it, they all noticed it and said that … They were almost surprised that it was the same system—only advanced—as the Enhanced Push to Talk.”

For years, industry experts have said they expected MCPTT-compliant services could provide better on-network voice quality than LMR, because higher-level codecs can be used, thanks to the closer proximity of LTE devices to cell sites and the fact that LTE makes much more bandwidth available than a narrowband LMR system.

Meeting the public-safety standard for latency was expected to be much more challenging for MCPTT providers, but FirstNet PTT “absolutely” met Cranford’s public-safety standard for latency, Patterson said.

Patterson also emphasized the “ease of use” of FirstNet PTT, citing a hypothetical example of detectives conducting surveillance.

“Say there are six of them watching a location from six different areas and six different vantage points, they can create their own talk group, right there on scene,” Patterson said. “They’re doing it right through their phones, and it’s secure—it’s encrypted, so no one else can listen. That’s a big thing.

Establishing talk groups quickly is not a unique capability in the push-to-talk-over-cellular (PoC) arena, but getting this functionality with the security, reliability and support that come with FirstNet is different, Patterson said.

“There are a lot of applications out there [on] smartphones … where those [features] are available—you can set up your own talk groups very quickly, and you can set up your own chat groups very quickly—but they’re not encrypted, it’s not secured, it’s not backed up, and it’s not supported. If it goes down with whatever your individual carrier is, or if there’s a malfunction on the site, there’s no support.

“Whereas, with FirstNet Push to Talk, you have all of that. You have the encryption. You have the support. You have the backend. You have everything you need to make sure that, when you need it, it’s going to work.”

Getting FirstNet PTT into the hands of first responders—as Cranford was able to do during its beta trial—is critical to gaining public-safety acceptance of the technology, Patterson said.

“That’s the big hurdle with the new technology coming into the first-responder realm and especially the law-enforcement realm—people get very comfortable with what they know,” Patterson said. “So, when you tell them, ‘I’m taking away your radio, but I’m going to give you a basically cell phone that works like a radio,’ they become nervous.

“You have to show them that this is going to work as well—if not better—[than LMR] … It’s one of those things where you can tell them all you want, but first responders are a ‘Show me’ population, where they want to see it, they want to touch it, they want to know it works, and they want you to prove to them that it works. I think FirstNet’s worked very hard at that, and they’ve done a good job doing that.”

Initially, FirstNet PTT is only available to FirstNet subscribers that use the new Samsung Galaxy XCover FieldPro, a rugged LTE smartphone optimized to support MCPTT. Members of the Cranford police department trialing FirstNet PTT applauded the device.

“We actually wished we could have kept all of those Samsung XCover Field Pros—we liked them quite a bit,” Patterson said. “Most of our specialized people and our detectives have the Galaxy S9s, and when we put these Field Pros in their hands, they were like, ‘When are we getting these? When can we trade in?’ I said, ‘Relax. I don’t even think that these are on the market yet. You’re not getting them.’

“But everybody really liked them. The Sonim XP8s, those are great rugged phones, but they’re like carrying a brick … you carry enough equipment, and they’re pretty big. Whereas the FieldPro was really the perfect blend of being similar to radio operations—it has the push-to-talk button on the side, and the controls are pretty easy—but it still has the feel, the size and the weight of a typical smartphone.”

Cranford police department trialed FirstNet PTT before the Samsung Galaxy XCover FieldPro was launched commercially, so there were not a lot of available accessories to use with the device, Patterson said. Despite the limited choice, the accessories provided met the important criteria of not requiring users to alter their existing operations, he said.

“The accessories that they had were exactly what we’re using in the field now for the Motorola LMR radios, where they had wireless shoulder mics and things along those lines, which would be exactly what we’re used to using now,” Patterson said. “And it’s similar technology, in that it’s seamless, it’s connected, it’s secure.

“When cellular bypasses LMR and becomes the norm in public safety, the only thing that’s changing is the network that you’re working off of.”

Cranford police did not conduct any testing of the MCPTT off-network or direct-mode communications, such as LTE proximity services (ProSe), Patterson said. However, it is rare for personnel in Cranford—located 18 miles west of New York City—to be outside cellular coverage.

“Being where we’re located, our cellular coverage is pretty good, so we don’t really run into many—if any—network issues, other than in large buildings where there just isn’t a lot of cell signal inside, no matter what,” Patterson said. “And that’s a problem with LMR equally. I would actually think that the cellular is probably better than the LMR in those [in-building] situations, just because you typically have a cell antenna closer to that building than you would a repeater or whatever else you’re working off of on LMR.”

Patterson also noted that using an LTE device provides the option of communicating via Wi-Fi when inside facilities—an arrangement the Cranford police department has with several institutions and owners of large buildings—that is not possible with their LMR devices.

Cranford police recently migrated its LMR communications from its own radio system to a statewide P25 Phase 2 owned by the state police, and the 25% of the Cranford police officers that utilize EPTT are able to interoperate with LMR users in the same talk groups, Patterson said. Such LTE-LMR interoperability is expected to be supported with FirstNet PTT in the future, but no timeline for introducing this functionality has been introduced yet by AT&T or the FirstNet Authority.

“I think that’s an important thing for most people with [FirstNet PTT], especially when they’re using both FirstNet and LMR, to have them be able to interop,” Patterson said, noting that there also was no ability for FirstNet PTT users to interoperate with EPTT users during the Cranford trial.

Such a lack of interoperability was among the reasons that the Cranford police department is continuing to use EPTT instead of the new FirstNet PTT, according to Patterson.

“We’re really congested in New Jersey, and we have a lot of overlapping jurisdictions—you’d need to have almost a regional buy into it, so that the communication [between jurisdictions] can continue,” Patterson said. “In New Jersey, we’re not there. We have neighboring towns that do use FirstNet, just like we do, but it’s a supplement to our LMR, not a replacement just yet.”

Another issue is that FirstNet PTT currently is available only to those using the Samsung Galaxy XCover FieldPro, which is priced as a high-end LTE device.

“We don’t have those devices, so we’re sticking with Enhanced Push to Talk for right now,” Patterson said.

When asked if the Cranford police department would switch to FirstNet PTT, if money for the Samsung Galaxy XCover FieldPro devices were available, Patterson said, “Oh sure—absolutely.”

One way Cranford police could get the funding needed to provide FirstNet PTT would be to abandon LMR entirely, Patterson said.

“For us currently, with an upgraded LMR system, it’s definitely a supplement—and it’s not a supplement for all officers, it’s a supplement for officers in certain assignments, with our budget,” Patterson said. “But absent our LMR costs, it’s absolutely affordable; it’s absolutely something that could fit into our budget.”

Until then, paying for both FirstNet PTT and LMR is not financially realistic, Patterson said.

“It’s a luxury,” Patterson said. “And unfortunately, a lot of budgets don’t have that luxury.

“That’s the challenge now. I think, as it [FirstNet PTT] becomes more universally utilized, the LMR portion is not going to be competing with that, whereas now, it is—especially where we operate here.”

But migrating from LMR to FirstNet PTT soon will be the best option for public-safety agencies in the right situations, according to Patterson.

“It makes complete sense. It really does,” Patterson said. “Again, the biggest hurdle that I see right now is merely the amount of first responders using it, so that interoperability is there.

“That’s the only hurdle. I think, over time as this goes, it’s just going to build and build and build, and eventually, that hurdle’s not going to be there.”

Source: Donny Jackson, Urgent Communications. Photo Credit: Samsung.

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Hytera Requests New Trial, Motorola Solutions Seeks Permanent Injunction in Federal-Court Case

Hytera Communications is asking for a new trial and a drastic reduction in a $764.6 million judgment against it, while Motorola Solutions seeks a permanent injunction prohibiting Hytera from selling much of its portfolio of DMR portable radios, according to filings in the lengthy trial between the companies.

Attorneys for both LMR companies are scheduled to make presentations Friday before U.S. District Court Judge Charles Norgle of the Northern District of Illinois, but the messages will be very different, based on documents filed with the court last week.

Hytera is requesting a new trial, stating that it was “denied a fair trial” in the three-month proceeding that resulted in a unanimous jury verdict that included an award of $345.8 million in compensatory damages and $418.8 million in punitive damages to Motorola Solutions, which was affirmed by Norgle in early March. The jury determined that Hytera should pay Motorola Solutions for stealing trade secrets and copyrighted software code in developing most of its DMR portable radios.

During the trial, Hytera attorneys acknowledged that three former Motorola [the company had not yet changed its name to Motorola Solutions at the time] employees—Samuel Chia, Y.T. Kok and G.S. Kok—accessed more than 7,000 Motorola documents prior to each of them leaving and joining Hytera shortly in 2008. However, Hytera attorneys described the three engineers as “bad apples” who did not share with anyone else at Hytera that the DMR trade secrets and software were taken from Motorola.

If a new trial is not permitted, Hytera attorneys argue that the award to Motorola—reportedly described by a Hytera attorney as a “bankrupting amount”—should be reduced significantly.

“The jury verdict meets the definition of monstrously excessive, because it exceeds Hytera’s total profits for all products—not just accused products,” according to Hytera’s filing. “Motorola asked the jury to award $345.8 million as a measure of unjust enrichment. This figure purportedly captures all of Hytera’s profits from the accused products. Hytera’s total profits covering the same time period, 2010 to 2019, for all products—not just accused products—is $265 million. This is $80 million less than the unjust enrichment amount Motorola obtained from the jury.

“The fact that the jury awarded more in unjust enrichment than Hytera’s total profits company-wide demonstrates that the verdict is excessive and must be reduced.”

In contrast, Motorola Solutions asks that the financial award that China-based Hytera should pay should be increased by including the profits that Hytera has realized during the time since the trial started, interest and attorney fees.

More important, Motorola is seeking a permanent injunction that would prohibit Hytera, its distributor and dealers from selling, marketing or distributing the DMR portable radios that utilize Motorola Solutions’ trade secrets and copyrighted software worldwide. Issuing a worldwide injunction—as opposed to one that only applies to the U.S.—is an appropriate finding under the Defend Trade Secrets Act (DTSA) of 2016.

“Hytera stole Motorola’s trade secrets and copyrighted code and used them to enrich itself from sales of products using that stolen intellectual property around the world,” according to a Motorola Solutions filing. “The DTSA applies ‘outside the United States’ if any ‘act in furtherance of the offense was committed in the United States,’ and the Copyright Act’s predicate act doctrine supports application of that statute to infringing conduct outside the United States.

“Because Hytera’s illegal conduct has continued unabated around the world—and will continue, absent an injunction reaching its sales abroad—a worldwide injunction should issue.”

Hytera attorneys contend that any action taken by the court should be limited to the U.S.

“As Hytera previously explained, Motorola waived any claim to extraterritorial damages under the Copyright Act by repeatedly acknowledging that its damages were limited to Hytera’s U.S. profits, including in the pretrial order and even after resting its case,” according to a filing by Hytera.

Hytera has stated its belief that the injunction request by Motorola Solutions is excessive.

“In effect, Motorola seeks a broad-ranging injunction that would cut Hytera off at its knees—an injunction

that is far in excess of what any equitable principles could support,” according to a Hytera filing.

Under the proposed briefing schedule submitted by both companies—subject to Norgle’s approval—the final briefs in the case would be filed on May 14.

Hytera plans to appeal the case, if the current judgment remains in place, according to a Hytera spokesperson.

Source: Donny Jackson, Urgent Communications.

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Coronavirus Forcing Some Technicians Off US Cell Towers

Cell Tower Photo from Wikipedia

Some tower companies have been forced to pull their work crews off the job due to the ongoing pandemic.

Further, some tower technicians are asking for personal protective equipment (PPE) like masks and face shields to avoid further spreading the COVID-19 virus. They’re also arguing that they should receive hazard pay as they travel to and work on 4G and 5G cell towers.

“We need to get carriers to show support for companies providing services by providing PPE that is needed in this COVID19 environment,” wrote one unnamed tower company executive in a survey commissioned by NATE, a trade association that represents cell tower companies. “Compensation should also be hazard pay in a pandemic and not business as usual.”

NATE said it surveyed 224 member companies with headquarters in 40 different states from Friday, March 27 to Wednesday, April 1, and found that around 50 of those companies reported they pulled at least one tower crew from the field due to the new coronavirus.

“We had to move crews from California to the East Coast,” wrote one unnamed executive. “We had to pull one crew out of our three crews total from the field,” wrote another.

The findings are noteworthy considering most executives in the wireless industry have publicly complained of only delays in receiving permits for cell tower installations or upgrades from cities due to COVID-19.

For example, the head of the Wireless Infrastructure Association, Jonathan Adelstein, told Politico that some tower construction is “grinding to a halt or close” because of a lack of municipal permitting and zoning approvals.

Similarly, T-Mobile’s new CEO Mike Sievert told CNBC that “this crisis might affect permitting” because some cities “are operating at less-than-capacity.”

Indeed, the city of Sandy Springs, Georgia, issued a blanket, indefinite “stop work order” on the installation of all Verizon 5G poles in the city due to the pandemic, according to local reports. Verizon plans to install over 1,000 new poles in the city.

Politico reported that the US Department of Homeland Security declared communications workers essential in a public update late last month. Further, one unnamed GOP Congressional source told the publication that some Senate Republicans had privately worked to include stipulations in the recent coronavirus stimulus package that would have allowed cell tower workers to sidestep some state and local regulatory approvals in their work. That proposal was not included in the final legislation.

US Internet traffic has spiked due to streaming video, videoconferencing and online video games as Americans hunker down at home. According to the FCC, Internet traffic in the US has risen about 20% to 35% on fixed networks and about 10% to 20% on cellular networks in recent weeks.

Source: Mike Dano, Photo Credit: Wikipedia.

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