Two House Democrats are introducing separate bills that seek to ensure consumers flexibility with digital content. Rep. Lofgren (D-Cal.) Wed. proposed Digital Choice & Freedom Act that would codify fair use rights that until now either had not been defined or had been defined by court decisions, not statutes. House Internet Caucus Co-Chmn. Boucher (D-Va.) plans today (Thurs.) to introduce similar bill that would amend Digital Millennium Copyright Act (DMCA) to permit circumvention of copyright protections when executing fair use. Lofgren and Boucher were extremely critical of RIAA Chmn. Hilary Rosen last week at hearing on digital content protection. RIAA declined to comment on bills being introduced in waning days of the 107th Congress.

At request of Emergency Services Interconnection Forum (ESIF), FCC Wireless Bureau agreed to stay implementation deadline for programming new 911-only wireless handsets and donated handsets that weren’t service-initialized. Bureau stayed Oct. 1 date for programming phones with identification number 123-456-7890 after ESIF presented information about new technology solution it said was more effective. Requirement for programmable code as phone number/mobile identification number is intended to solve lack of callback capability of handsets when 911 calls are dialed. Other mobile phones provide callback number for public safety answering points (PSAPs) when 911 is dialed. FCC had required manufacturers of 911-only wireless handsets to program each device with same code starting Oct. 1 but ESIF requested stay and filed petition for reconsideration outlining proposal based on technical standard developed by Telecommunications Industry Assn. (TIA) and Alliance for Telecommunications Industry Solutions (ATIS). Solution proposes use of wireless handset’s electronic serial number or international mobile station equipment ID to create “surrogate number” for callback purposes. ESIF said numbering system would allow PSAP to prevent misuse of 911 system as result of repeat, harassment calls made on noninitialized phones and to identify legitimate emergency callers making multiple 911 calls. Another issue ESIF raised was that required 123-456-7890 number also was valid international roaming mobile ID number (MIN). Using it for callback purposes could remove one million numbers from international roaming MIN assignment pool, ESIF said. Verizon Wireless had told FCC it already had required vendors to deliver equipment based on solution developed by TIA and ATIS. To comply with existing requirement, Verizon said, it would have to ask its equipment suppliers to disable function that would allow transmission of 911 calls under ATIS solution in favor of FCC requirement. Bureau said it would act on ESIF petition quickly. “We find that somewhat delayed implementation of one requirement better serves the public interest than the potentially disruptive sequential implementation of 2 different requirements over a short period of time,” bureau said.

Two House Democrats are introducing separate bills that seek to ensure consumers flexibility with digital content. Rep. Lofgren (D-Cal.) Wed. offered Digital Choice & Freedom Act that would codify fair use rights that until now either had not been defined or had been defined by court decisions, not statutes. House Internet Caucus Co-Chmn. Boucher (D-Va.) plans today (Thurs.) to introduce similar bill that would amend Digital Millennium Copyright Act (DMCA) to permit circumvention of copyright protections when executing fair use. Lofgren and Boucher were extremely critical of RIAA Pres. Hilary Rosen last week at hearing on digital content protection (CED Sept 30 p1). RIAA declined to comment on Lofgren and Boucher bills, being introduced in waning days of 107th Congress.

Letter from Senate Majority Leader Daschle (D-S.D.) was praised by all sectors of telecom industry, but many said noncommittal letter from powerful senator represented loss for Bells’ lobbying effort. In letter sent Wed. to FCC Chmn. Powell, Daschle urged quick completion of triennial review of unbundled network elements (UNEs). He didn’t recommend action, and said clearly that letter wasn’t not intended to do so. Consumer advocates and CLEC representatives said Bells had mounted intense lobbying campaign in recent weeks to win support for changes in UNE regulations. Although SBC and USTA said they were pleased with letter, many suggested it fell far short of what Bells wanted. Some said it essentially signified that Senate had finished work on telecom issues in 107th Congress.

BOCA RATON, Fla. -- NTIA Dir. Nancy Victory praised USTA Wed. for devoting sizeable part of its convention here this year to sessions looking at effect of broadband and other new technologies on universal service, which she said was critical issue. “Universal service is going to be stress tested” by broadband, IP telephony, WiFi, Victory said in speech on closing day of USTA’s convention. New ways of marketing also will have impact, such as bundling service offerings, which “blurs jurisdictional lines,” she said. Challenge is to “look ahead and anticipate” possible problems for universal service, Victory said. Numerous issues must be watched, such as “who contributes, how contributions are calibrated, who gets support and what they use it for,” she said, inviting USTA members and leaders to “share their thoughts” with NTIA.

PCIA, now representing wireless communications tower companies, will try to convince govt. to simplify tower installment and operation processes, PCIA Pres. Jay Kitchen told press in Washington Tues. PCIA filed motion late Mon. asking FCC to dismiss Gulf of Mexico petition filed by Friends of the Earth (FoE), Forest Conservation Council and American Bird Conservancy (ABC) last month. PCIA also said it anticipated filing letter with FAA “within next couple of days” asking it to streamline rules and procedures affecting tower owners and managers. Former paging industry group, PCIA now will concentrate 90% of its attention on tower industry, splitting remaining 10% between Microwave Clearinghouse and frequency coordination, Kitchen said: “Wireless will always be a very strong part of our everyday life, and there is no wireless without towers.”

Provocative notion of rewriting 4-year-old Digital Millennium Copyright Act (DMCA) was raised last Thurs. by 2 members of key House subcommittee, but discussions with industry officials at that hearing and since then don’t suggest rousing chorus in favor of such effort. House Internet Caucus Co-Chmn. Goodlatte (R-Va.) and Rep. Lofgren (D-Cal.) floated idea of DMCA rewrite at hearing on P2P before House Judiciary, Courts, Internet & Intellectual Property Subcommittee (CED Sept 30 p1). Hypothetical was posed to RIAA Chmn. Hilary Rosen, who had said DMCA’s language created enough ambiguity that her organization found itself in court with Verizon Internet Services. Rosen didn’t openly endorse rewrite but did say RIAA had been hampered because DMCA was “technology-specific.”

RIAA launched antipiracy ad campaign Thurs. as Chmn. Hilary Rosen prepared to testify before House Judiciary Courts, Internet & Intellectual Property Subcommittee today (Fri.) on peer-to-peer networks. Campaign offers new TV spots by recording artists informing file sharers that “illegal downloading is stealing and it’s against the law.”

At our deadline Wed., FCC approved Verizon’s Sec. 271 applications for Del. and N.H., last of old Nynex states to seek long distance entry. Verizon now will have only 4 jurisdictions left for long distance approval in its territory -- D.C., Md., Va., W. Va. FCC action came with Comrs. Copps and Martin concurring in part and issuing separate statements. FCC Chmn. Powell said that during its review, “questions have been raised concerning the pricing of network elements,” particularly unbundled switching. That gives FCC “another example of a question that the [Telecom Act] does not directly answer -- whether network elements must be evaluated by the Commission in the context of its Sec. 271 review on an individual basis or at a more aggregated level.”

Take-Two Interactive CEO Kelly Sumner sold 5,000 shares of stock in his company for $132,300 and 25,000 shares for $662,500, SEC filings revealed Mon. SEC filing Fri. indicated Sumner had sold additional 5,000 shares for $132,300 (CED Sept 23 p7). Meanwhile, in 10-KSB filing last week, competitor eGames included independent auditors’ report dated July 24 that offered grim forecast for that game publisher. Auditor -- Philadelphia-based Stockton Bates -- said: “The company has a stockholders’ deficit at June 30, 2001, suffered a net loss and incurred negative cash flows from operations for the year ended June 30, 2001, and no longer has a credit facility available for future borrowings. These matters raise substantial doubt about the company’s ability to continue as a going concern.” In filing, eGames CEO Gerald Klein and CFO Thomas Murphy certified accuracy of company’s financial report as required by Sarbanes-Oxley Act of 2002. Separately, in SEC filing by 3DO last week, that game maker said it planned to hold annual stockholders’ meeting at its Redwood City, Cal., hq at 3 p.m. Oct. 16. Agenda is to include election of 2 class A directors for 3-year terms; vote on 2002 stock plan; vote to increase number of shares of common stock reserved for issuance under 1994 Employee Stock Purchase Plan by 375,000; confirm reappointment of PriceWaterhouseCoopers as independent auditor for fiscal year ending March 31, 2003.