BART Cell Phone Interruption: FCC Past Shows Act Was Not Legal

Yesterday's action where the San Francisco-Oakland Bay Area Rapid System took the step of interrupting or blocking cell phone service has increased from the first blog post on this, the one in this space, charging that BART's act was not legal, to a much Twitter-tweeted matter where BART's action was consistently said not to be legal. While BART charges that the action was legal, but has not given concrete evidence to support the claim as of this writing (and this blogger has called BART), a look at recent Federal Communications Commission (FCC) actions shows that BART's response to the feared protest was not illegal. According to sources, BART's complaint about what this blogger installed rests on the idea that it did not use a cell phone jamming device, but simply turned off the cell phone antenna system serving certain San Francisco BART stations. That was not my point. My point is that, according to a number of online sources, BART's attempt to interrupt cell phone service is not legal, not that the method that was used was illegal. The FCC is not concerned with method, so much as intent and result of an action like the one BART took. For example, Ibtimes reports that on February 26, 2011 in Silver Springs, Maryland:

The FCC is investigating the possibility that a Verizon service blackout prevented subscribers from connecting 911 calls and reaching the local fire department. The inability to complete the calls may have resulted in the destruction of Maryland woman's house...Many residents of Maryland's Montgomery and Price George's counties experienced similar disruptions of service, and the FCC is attempting to figure out the cause.

Verizon did not respond to inquiries by the police in the area. But what this proves is the Federal Communications Commission does not give a pass to an organization responsible for a cell phone outage because it's a carrier, or because the organization didn't use a cell phone jamming system to interrupt service. The BART action also interrupted any 911 calls that may have been made from cell phones in that part of the BART System that was the focus of the cell phone antenna shut off. That act alone, given FCC history this year in the Maryland case, should trigger an inquiry into BART actions. The FCC and Network Outage "Network Outage" is one of the FCC's greatest concerns, and the agency "regulations require that the provider - usually the company to whom the customer pays - tell customers their service is going to go dark," according to the GTowntimes.com on December 16, 2010. In the matter investigated by GTowntimes.com last year, thousands of people in Georgetown County suffered what was called a blackout for both phone and Internet service. BART told SFAppeal that they had help from the carriers to execute the cell phone service interruption, but that public relations 'buck passing' may come back to haunt the Bay Area Rapid Transit System, because FCC rules read "You must notify your customers in writing as far in advance as possible if you are going to discontinue, reduce or impair domestic service for any reason," even for bankruptcy, which isn't the issue in the BART case. The bottom line is the rules placed in the Communications Act of 1934 are clear, and the FCC gives little "wiggle room" in the enforcement of the act. If you were a victim of the BART action and wish to file a complaint with the FCC, here's how you do it:

To file a complaint alerting the FCC’s Enforcement Bureau, please visit www.fcc.gov/complaints or call 1-888-CALL-FCC.

Not Picking Sides As I stated on the Rick Smith radio show based out of Pennsylvania this evening, I'm not a writer - activist, but a blogger - a video blogger. I'm not employed by the SF Chronicle or Hearst, and I don't pretend that the editors tell me what to cover. I have my own company - Zennie62Media. Moreover, I don't specifically side with the actions of the protesters just because I point to BART's mistakes and actions that seem to flout the law. Both BART and the protesters are wrong, and because their warring actions against each other have escalated to impact the lives of innocent people in the San Francisco Bay Area. This must stop. The protesters should file a lawsuit against BART, and raise money to start a political action committee, rather than stop train service and harm parents trying to get to their kids' babysitters. BART should not seek to block cell phone use for all because of the feared actions of the protesters and of an event that never happened. Both BART and the protest group are not winning allies one bit. What will happen, if this war goes on, is that nothing will really change, except now the FCC will eventually look at the BART action and render a decision. That's not a feather in the cap of the protesters. Indeed, it's really terrible this happened at all. What consistently goes through my mind is that BART never explained why its computer network went down on Tuesday, and that could have happened at the same moment on Thursday when BART threw the "kill switch" on cell phone service. Imagine being in the BART Tube when that happened, and an earthquake of 4 or larger hit, at that point in time. That's not a scenario BART wants to be unprepared for, yet unprepared for that possibility was what BART was on Thursday night. Stay tuned.

Bouncing In Boots For Your Booty

HI Your Fit Day Friends!

Hey! Do you still want to get that sexy summer bod?

Or, maybe you're on the rebound from a joint injury...

Or, maybe you're just looking for that cool piece of equipment that is super fun and will get you fit and lean in a short amount of time...

Or, you just like toys!

OK! So, remember I told you that I would find ways to work out to keep me in super duper shape before my pending hip surgery?

Well, I had this super idea that I could design running shoes with springs on the bottom that would take the impact off my joints and it would be less painful to walk and super fun to use, as well as keep my booty in shape. But then I said, "Hmm! Why invent the wheel when somebody else has done the work for me? Why not ask the Kangoo Jump people to help me?"

So that's what I did.

And I think these Boots were made for YOU!



Boots Not Just Made For Walking!

My first try with the Kangoo jumps was back in June. It had been raining the last couple weeks in May so I had to put trying the boots out on hold. But finally the clouds separated, and the sun shined through and I got off my ball ( I use a stability ball as my desk chair) and decided to hop down to the Lake. No, I hadn't put the boots on just yet. That was actually a pun. And since it takes too long to hobble on my hip, I got in my car and headed 4 blocks to Lake Merritt.
"Another Lake Merrit July Drama Sunset"

But something compelled me to take a detour and instead I drove over to the Piedmont High School track where there wouldn't be any stray ducks, dogs or pelicans underfoot; I could count on level ground; and there was no chance of bouncing into the lake...with the pelicans.
"Pelicans at Lake Merritt, Oakland, CA"

I'll tell you this: in retrospect, walking down the steps to the track in my Chaco sandals and getting onto the track was actually the hardest part. Because once I put on the Kangoo Jumps it was shear joy to 'walk' and 'run' and just be able to amble pain free.

Check These Out

All Kangoos are a cool, ninja, space age ski/roller blade-like boot design with cambered curved springs on the bottom. And they're reasonably light, and lighter than roller blades-well, at least my roller blades-with just enough weight to give you the right amount of stability and a good workout. I mean, you're still lifting boots with every hop!
"My feet in Kangoo Jumps"

Getting into them was pretty quick and easy. Adjusting the cleats no problem. Figuring out the pressure to secure them was hit or miss and I probably will need a few more romps before they feel comfortable around the shin.

The track wasn't crowed but just carrying the boots in my hand drew attention to me. I wasn't going to complain about that. I'm a fitness diva, remember!

In fact, I'm hoping that I can get more people involved in using these boots and coming to my bootcamps. (HA! HA! Boot Camps! Kangoo Style!)

Once I had them securely on my feet I was like the Jolly Green Giant. I was amazed at how stable they were. Everyone kept asking me if I felt like I would topple over or twist my ankle. Absolutely NOT. Have you ever felt like you would fall over in ski boots? (assuming the ski is not attached to the boot and you're not ripping down a mountain). There is absolutely no inclination to fall over. And that is a good thing! seeing that I'm only planning on having ONE surgery.

Giving It a Go On My Kangoo Jumps

Because this was my first adventure out in my Kangoos I didn't want to over do it. They say to hop around, up and down, break them in. So I tried that, but was pretty tentative, babying my hip. But I soon realized that the boots actually roll you forward and the impact isn't directly on your hip. So I became more bold, and set off down the track... at a slow run. And behold, I was bouncing with no burn in my joint.

The track is 1/4 mile around. After three times around-running, walking, hopping, and repeating that-I was already working up a sweat and I could feel my running muscles in my legs-the ones I hadn't worked in that running way since December '10- start to come alive. I felt alive! And free........

I spent 15 minutes Kangooing and by the time I stopped I felt like I had instead sprinted up a mountain. It was that good of a workout and my legs and glutes felt pumped. All without any pain in my hip joint. In fact, my hip feels better in these boots running and walking than I do ambling, or more like hobbling right now, on my own two feet, whether in my shoes or Vibram 5 Fingers.

Here's a video of me in San Francisco bouncing in my boots:



Putting The Spring Back Into Your Life

The Kangoo Jumps are designed to take up to 80% of the impact off your joints. So for those of you who have osteoarthritis in your hips or knees (I'm not sure about back pain but you can check out their website) and have had to give up your favorite sport or activity you may have a second chance. So I highly recommend these Kangoo Jumps for anyone who has had to give up their favorite impact activity, things like hiking, trekking, and even martial arts, due to joint pain in their knees and hips and possibly back. Because you can do all of these sports in Kangoo Boots. Obviously do your research and consult with your doctor first. I certainly did before I started using them.

In fact, I contacted one of the leading hip surgeons in the world, Dr. Koen De Smet, to get his opinion and approval. And after he reviewed the website he said that they were suitable for what I wanted to do, and as long as it I didn't hurt I was fine.

Boots for your Booty

I have to admit I was getting a bit soft in the inner thigh and butt since I wasn't able to run in the hills or do any of the sprint training that I love to do for the past several months. But in the past month I have seen a noticeable difference in the tone of my inner thighs, quads and butt and the Kangoo jumps have miraculously toned up my legs in just this short amount of time.

And here's a bonus for those of you who have some extra weight to lose: They say that you burn twice as many calories using the Kangoo Boots and that 30 minutes in your Kangoos is like an hour in your normal training shoes. That's not hard to believe. After bouncing around San Francisco and Lake Merritt for just 30 minutes a pop these past few weeks it felt like I had done a six mile trail run in the Berkeley hills.

So, not only are these a great workout, burn calories, tone up your booty, and are a hoot to use, they are a time saver as well. What's not to like about them!

What's Next ?


So, my game plan is to Kangoo Jump for the next two months which will take me up to the week that I leave for overseas for my hip surgery. There will be no more Kangoo jumping for at least 10 months after surgery. But I'll have other exercises that I will be doing to keep our butts in shape, literally!

So be sure to follow my blog, and watch the videos, for more cool stuff that will keep your legs toned, your booty nice and round, and your body fit and lean.

Stay tuned for more Kangoo Jump videos so you can get the 'JUMP on fitness!'

Your Trainer, and Nutrition and Wellness Coach,

DebbyK!

Make it Your Fit Day...