Discussions at the Copyright Office’s San Francisco roundtable last week on the Digital Millennium Copyright Act’s Section 512 appear to largely be cementing expectations that the CO will favor nonlegislative fixes -- particularly voluntary measures -- to address problems with the statute, meeting participants said in interviews. The CO held the San Francisco session and another in New York earlier this month to collect input on the office’s study of Section 512’s notice-and-takedown process and safe harbors. The CO also plans to seek additional comments after the meetings to drill down on issues raised during the roundtables and in initial comments on the study, though it’s unclear how valuable additional comments will be, participants said. Both workshops were open to the public but seating was limited. The CO didn't webcast either roundtable.

NCTA asked the FCC to extend deadlines in the business data service (BDS) rulemaking by at least 45 days for initial comments and 30 days for replies. "Faced with an opportunity to resolve a complex proceeding regarding rates charged by [ILECs] that is finally ripe for resolution after more than a decade of regulatory activity, the Commission instead issued a complicated, voluminous Further Notice that significantly expands the scope of the proceeding to cover new services, new providers, and new issues," NCTA said in a motion filed Friday in docket 16-143. "The pleading cycle adopted by the Commission fails to reflect the radically expanded scope of the proceeding, severely constrains the ability of NCTA’s member companies to meaningfully participate in this proceeding, and lends credence to concerns raised by one commissioner that ‘the outcome is predetermined.’”

Rural telco groups said the FCC should be careful in changing rate-of-return rules for carrier cost recovery and related practices. Regulatory changes should apply prospectively only and should be targeted to provide increased clarity about allowable expenditures where helpful, said various RLEC groups in comments Thursday in docket 10-90, responding to a recent Further NPRM included in an item that overhauled rate-of-return USF mechanisms (see 1603300065 and 1603310039). Some voiced concern the FCC could make sweeping changes to throw out rules -- which they said had worked reasonably well -- based on "anecdotal" accounts of isolated problems.

NCTA asked the FCC to extend deadlines in the business data service (BDS) rulemaking by at least 45 days for initial comments and 30 days for replies. "Faced with an opportunity to resolve a complex proceeding regarding rates charged by [ILECs] that is finally ripe for resolution after more than a decade of regulatory activity, the Commission instead issued a complicated, voluminous Further Notice that significantly expands the scope of the proceeding to cover new services, new providers, and new issues," NCTA said in a motion filed Friday in docket 16-143. "The pleading cycle adopted by the Commission fails to reflect the radically expanded scope of the proceeding, severely constrains the ability of NCTA’s member companies to meaningfully participate in this proceeding, and lends credence to concerns raised by one commissioner that ‘the outcome is predetermined.’”

Senate Democrats show no signs of letting up on an aggressive push to secure a floor reconfirmation vote for FCC Commissioner Jessica Rosenworcel. Last week, Senate Commerce Committee ranking member Bill Nelson, D-Fla., told us he has heard “there will be” Democratic holds on the hotline efforts to pass the Mobile Now spectrum bill (S-2555), which underwent the start of a hotline process Wednesday, and later the FCC Reauthorization Act (S-2644), which may undergo a hotline attempt in the coming weeks (see 1605100058). Nelson, who said he wouldn't place a hold himself, cited “concern among a whole bunch of people” that would prompt Democratic holds until Rosenworcel receives her vote.

Senate Democrats show no signs of letting up on an aggressive push to secure a floor reconfirmation vote for FCC Commissioner Jessica Rosenworcel. Last week, Senate Commerce Committee ranking member Bill Nelson, D-Fla., told us he has heard “there will be” Democratic holds on the hotline efforts to pass the Mobile Now spectrum bill (S-2555), which underwent the start of a hotline process Wednesday, and later the FCC Reauthorization Act (S-2644), which may undergo a hotline attempt in the coming weeks (see 1605100058). Nelson, who said he wouldn't place a hold himself, cited “concern among a whole bunch of people” that would prompt Democratic holds until Rosenworcel receives her vote.

The recently increased $800 de minimis limit is causing a shift in business practices for brokers and importers, and raising questions and concerns over a growing number of low value shipments, said customs brokers and importers in recent interviews. Some in the trade community still await guidance on how to proceed with low-value shipments regulated by agencies other than CBP. There is also some concern the higher limit could cause more importers to break up their shipments to avoid the entry process and associated duties, customs brokers said.

Discussions at the Copyright Office’s San Francisco roundtable last week on the Digital Millennium Copyright Act’s Section 512 appear to largely be cementing expectations that the CO will favor nonlegislative fixes -- particularly voluntary measures -- to address problems with the statute, meeting participants said in interviews. The CO held the San Francisco session and another in New York earlier this month to collect input on the office’s study of Section 512’s notice-and-takedown process and safe harbors. The CO also plans to seek additional comments after the meetings to drill down on issues raised during the roundtables and in initial comments on the study, though it’s unclear how valuable additional comments will be, participants said. Both workshops were open to the public but seating was limited. The CO didn't webcast either roundtable.

Sen. Ron Wyden, D-Ore., plans to introduce legislation early next week to scuttle a proposed judiciary procedural rule change that would allow federal law enforcement officials to go to any magistrate judge in the country, who could then issue a warrant to search potentially millions of computers outside their jurisdictions. A Wyden spokeswoman said Thursday that the bill, which has unidentified bipartisan co-sponsors, would block the amendment to Rule 41 of the Federal Rules of Criminal Procedure from taking effect Dec. 1.

Applying to the FCC International Bureau for such international licenses and permissions as Communications Act Section 214 authorizations and transfers, submarine cable landing licenses, satellite earth station licenses and Section 310 rulings could get more complicated if the agency agrees to an NTIA request. Whether that NTIA-sought approach -- having the FCC require more information upfront with the aim being a streamlining of the approval process -- bears fruit, "we won't know until this is rolled out and plays out," David Klein, lawyer at Klein Moynihan, whose practice includes Section 214 applications for telco clients, told us Thursday.