Internet access subscribers could have their service cut off if they ignore repeated “alerts” that copyright infringement has been detected on their accounts, though ISPs participating in a new “Copyright Alert System” unveiled Thursday emphasized they were unlikely to do that. But measures short of cutoff, such as throttling down to 256 kbps or “restriction” of access for some period, are explicitly laid out in a memorandum of understanding between ISPs and content providers dated July 6 and marked “final,” provided to us by the RIAA. (What appears to be an identical copy is circulating online.) Some digital rights groups gave a cautious nod to the new system while voicing concern that the ambiguity in the agreement could lead to termination or suspension of service without judicial review.
Internet access subscribers could have their service cut off if they ignore repeated “alerts” that copyright infringement has been detected on their accounts, though ISPs participating in a new “Copyright Alert System” unveiled Thursday emphasized they were unlikely to do that. But measures short of cutoff, such as throttling down to 256 kbps or “restriction” of access for some period, are explicitly laid out in a memorandum of understanding between ISPs and content providers dated July 6 and marked “final,” provided to us by the RIAA. (What appears to be an identical copy is circulating online.) Some digital rights groups gave a cautious nod to the new system while voicing concern that the ambiguity in the agreement could lead to termination or suspension of service without judicial review.
The International Trade Commission announces that a Section 337 patent-based complaint has been filed regarding certain video analytics software, systems, components thereof, and products containing same.
The Enterprise Wireless Association asked the FCC to act on a 2008 petition for clarification it filed with Sprint Nextel asking for a tweak to the agency’s 900 MHz business and industrial/land transportation (B/ILT) license application freeze. Both asked the FCC to change its policy to “permit the acceptance and processing of 900 MHz B/ILT applications prior to six months after rebanding has been completed in a NPSPAC region, provided that the application is accompanied by a letter of concurrence from Nextel” (http://xrl.us/bkypgk). The change “would provide access to vacant 900 MHz channels for business enterprise and commercial operators in areas where Sprint has determined that it does not need additional 900 MHz spectrum to meet its 800 MHz rebanding obligations,” EWA said in a filing (http://xrl.us/bkypg7) last week. EWA asked the commission to move forward on a rulemaking notice allowing the licensing of interstitial, full-power, 12.5 kHz channels in the 800 MHz band: “EWA noted that the record in response to the FCC’s request for comment on the Petition confirmed broad land mobile support for the proposed rule change, which would provide additional opportunities for deployment of digital systems in this band.” EWA also raised concerns about a proposal that TV Channels 14-20 be repurposed for broadband since “this spectrum is heavily used by business enterprise, commercial and public safety entities in 11 key markets” in the U.S., the filing said.
The International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers.
The International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain flat panel display devices, and products containing the same.
Some who seek to change retransmission consent rules want an FCC inquiry into what TV stations charge multichannel video programming providers, to show what they contend are rising prices in a broken system. Officials at the American Cable Association and Public Knowledge, among the 14 entities that in 2010 petitioned the agency to change how it handles retrans disputes, and MVPD SureWest said in interviews that such an inquiry will help make their case. A lawyer for TV stations which oppose changes to the rules told us the onus is on MVPDs to show costs to carry TV stations’ signals are too high. An NAB official said more government involvement isn’t needed.
Spectrum legislation could become part of the budget deal for fiscal-year 2012, Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., told us Tuesday. Senate Majority Leader Harry Reid, D-Nev., has mentioned that as a possibility, so Rockefeller hasn’t talked to Reid about separate floor time for his legislation S-911, Rockefeller said. Congress has been trying to make a deal on debt ceiling legislation that must pass before Aug. 2 or the U.S. will default on its obligations. Meanwhile, Sen. Mark Begich, D-Alaska, said he’s hoping the FCC will work on 700 MHz interoperability.
The Bureau of Industry and Security has issued a final rule, effective June 24, 2011, which raises the Adjusted Peak Performance (APP) for digital computers under Export Control Classification Number 4A003, and moves Albania and Croatia from Computer Tier 3 to Computer Tier 11 with regard to export control requirements for high performance computers (HPCs).
Foes and backers of additional program carriage rules lobbied the eighth floor, as an FCC order and rulemaking are set to be released soon (CD June 16 p2), ex parte filings posted late Wednesday in docket 07-42 show. The “proposed expansion of the program carriage rules -- for example, by mandating carriage through a ’standstill’ process before the Commission has determined a violation has occurred -- would raise significant legal issues and prejudge related issues that are reportedly being considered in a further notice of proposed rulemaking,” Comcast said. The cable operator said it wants the commission to seek comment on the issue. The initial draft of the order had a standstill provision, and agency officials may consider removing that from the order and instead solicit comment (CD June 3 p2). Given competition for pay-TV subscribers, it’s “imperative for cable operators to select programming, regardless of affiliation, that will attract and retain consumers,” Comcast recounted its lawyers having told an aide to Commissioner Mignon Clyburn. Program carriage rules govern complaints made by independent channels that cable operators favored their own networks. Two such channels and two nonprofit groups seek rules “providing for a swift process” for handling complaints, they said in recounting a conversation with an aide to Commissioner Michael Copps. That could “help reduce the need to file complaints by leading to negotiations between MVPDs and independent channels that stay within the bounds set by Congress in the 1992 Cable Act,” said HDNet, the Tennis Channel, Media Access Project and Public Knowledge. “The Commission’s failure to enact a truly expedited complaint process has perpetuated the difficulties faced by independent programmers prior” to 1992, they added. The filing said more comments aren’t needed for the regulator to issue standstill rules, where carriage must continue while a complaint is pending.