Senate Commerce Committee Chairman John Thune, R-S.D., told us he's open to advancing his net neutrality legislation without Democrats. But the real key is pulling in the still-elusive Democratic backing, he said. Some Democrats told us they’re receptive to the ongoing discussions and haven't ruled out true compromise legislation.

The FTC long-awaited Internet of Things report said companies must do more to protect consumers privacy and can do that without hurting innovation. It said Congress shouldn't enact IoT-specific privacy legislation, but called for a data breach law. The report drew a dissent from one Republican commissioner, a concurrence from the other and concerns about partisanship from congressional Republicans. Some industry groups raised concerns about the report, while privacy advocates had no reaction.

FCC Chairman Tom Wheeler “has made it clear” that his agenda is to increase the benchmark for broadband deployment to 25 Mbps download and 3 Mbps upload, and then use the higher standard to “justify reclassification of broadband under Title II” of the Communications Act and pre-empt state laws posing obstacles to municipal broadband, said TechFreedom President Berin Szoka in a letter to the agency, posted Friday in docket 14-28. Wheeler may also use a finding that broadband is not being deployed sufficiently under the higher standards to “justify blocking (or at least heavily conditioning)" Comcast's planned buy of Time Warner Cable, Szoka said. The FCC is expected to approve an annual report on the progress of broadband deployment, which calls for the higher standards, as well as issue a notice of inquiry on how to increase deployment at its Jan. 29 meeting (see 1501070046). Pre-emption from municipal broadband laws will be taken up at the Feb. 26 meeting (see 1501140048). Concern that the higher speeds will be used to justify other steps was also reflected in a letter from NCTA to the commission, also posted in the docket Friday. The commission “should make it clear,” as it has in previous Broadband Progress Reports, that the speed benchmark “has no regulatory significance," NCTA said. Attempting "to graft this reporting benchmark onto other contexts -- e.g., determining support levels under the Connect America Fund ... or deciding which entities should be subject to open Internet rules -- would present inevitable tensions given the divergent legal standards and regulatory objectives at play,” NCTA said. Increasing the benchmark from 4 Mbps download/1 Mbps isn't legally or factually supportable, the letter said, and there's "no basis in the record" to justify using that standard to evaluate whether broadband is being deployed in a "'reasonable and timely'" fashion. The agency didn't comment.

FCC Chairman Tom Wheeler “has made it clear” that his agenda is to increase the benchmark for broadband deployment to 25 Mbps download and 3 Mbps upload, and then use the higher standard to “justify reclassification of broadband under Title II” of the Communications Act and pre-empt state laws posing obstacles to municipal broadband, said TechFreedom President Berin Szoka in a letter to the agency, posted Friday in docket 14-28. Wheeler may also use a finding that broadband is not being deployed sufficiently under the higher standards to “justify blocking (or at least heavily conditioning)" Comcast's planned buy of Time Warner Cable, Szoka said. The FCC is expected to approve an annual report on the progress of broadband deployment, which calls for the higher standards, as well as issue a notice of inquiry on how to increase deployment at its Jan. 29 meeting (see 1501070046). Pre-emption from municipal broadband laws will be taken up at the Feb. 26 meeting (see 1501140048). Concern that the higher speeds will be used to justify other steps was also reflected in a letter from NCTA to the commission, also posted in the docket Friday. The commission “should make it clear,” as it has in previous Broadband Progress Reports, that the speed benchmark “has no regulatory significance," NCTA said. Attempting "to graft this reporting benchmark onto other contexts -- e.g., determining support levels under the Connect America Fund ... or deciding which entities should be subject to open Internet rules -- would present inevitable tensions given the divergent legal standards and regulatory objectives at play,” NCTA said. Increasing the benchmark from 4 Mbps download/1 Mbps isn't legally or factually supportable, the letter said, and there's "no basis in the record" to justify using that standard to evaluate whether broadband is being deployed in a "'reasonable and timely'" fashion. The agency didn't comment.

Many stakeholders don’t believe ICANN will have a final transition proposal ready for and approved by NTIA by the tentative Sept. 30 deadline, experts told us Friday. NTIA and ICANN officials have said Sept. 30 was less of a hard deadline and more of a goal, and that up to two two-year extensions for the transition would be granted if necessary. That could spell trouble internationally, said a foreign diplomat, who worried what a prospective Republican administration might do to the transition if a GOP president is elected in 2016. NTIA will address any calls for deadline changes once it hears from the ICANN community, said a spokeswoman.

Many stakeholders don’t believe ICANN will have a final transition proposal ready for and approved by NTIA by the tentative Sept. 30 deadline, experts told us Friday. NTIA and ICANN officials have said Sept. 30 was less of a hard deadline and more of a goal, and that up to two two-year extensions for the transition would be granted if necessary. That could spell trouble internationally, said a foreign diplomat, who worried what a prospective Republican administration might do to the transition if a GOP president is elected in 2016. NTIA will address any calls for deadline changes once it hears from the ICANN community, said a spokeswoman.

A Canadian clothing company cannot declare the transaction values based on sales to its related importer in the U.S., CBP found in a Nov. 5 internal advice ruling (here). The ruling, HQ H243327, was in response to an application for further review of protest, filed by the importer, White Wave USA (WWU), which imports apparel from the seller, White Wave Canada (WWC). CBP found there's insufficient evidence to prove the two acted as independent sellers and buyers.

Commissioner Mike O’Rielly urged the FCC to “take a step back” from its work on new net neutrality rules because “Congress is actively working” on legislation that would address the issue. “There is absolutely no reason why the commission needs to rush” to write new net neutrality rules, O’Rielly said Wednesday during a speech at the American Enterprise Institute. “There is still no evidence of a market failure or harm to consumers. There are no pending claims of potential net neutrality violations.”

Commissioner Ajit Pai said he hasn't given up on turning back an FCC move to reclassify broadband as a Communications Act Title II service as is expected to be recommended by Chairman Tom Wheeler. The FCC is to vote on the order at its Feb. 26 meeting, approving classification with some form of forbearance from most parts of Title II (see 1501070054). Pai also was candid Wednesday in his comments on how Wheeler runs the commission, alleging the agency has become more political than in the past. The Pai interview is scheduled to appear on C-SPAN’s The Communicators this weekend.

Commissioner Mike O’Rielly urged the FCC to “take a step back” from its work on new net neutrality rules because “Congress is actively working” on legislation that would address the issue. “There is absolutely no reason why the commission needs to rush” to write new net neutrality rules, O’Rielly said Wednesday during a speech at the American Enterprise Institute. “There is still no evidence of a market failure or harm to consumers. There are no pending claims of potential net neutrality violations.”