On April 12, 2011 the National Customs Brokers and Forwarders Association of America, Inc. sent a letter to the Federal Maritime Commission stating that more work is needed to ensure the benefits of FMC's final rule to exempt licensed non-vessel operating common carriers (NVOCCs) from the rate tariff publication requirements of the Shipping Act of 1984, if they agree to negotiated rate arrangements (NRAs) with their shippers.¹

The FCC would be allowed to do voluntary incentive auctions under a House bill introduced late Friday by Rep. Bob Latta, R-Ohio. The narrowly written bill (HR-1622), which would split proceeds between licensees and the U.S. Treasury, is the first incentive auction bill from a House Commerce Committee Republican. However, the committee is expected to have at least two more spectrum hearings before agreeing to any legislation. Industry lobbyists said budget talks are likely to determine the House’s pace.

While the Rural Cellular Association and Sprint Nextel urged the FCC’s data roaming order to be followed by mandating 700 MHz device interoperability, AT&T questioned the need to act at a New America Foundation Friday panel, co-sponsored by the Consumers Union.

The Senate lacks a consensus on a cybersecurity framework, causing some to question whether momentum for the Collins-Lieberman bill will wane. “We cannot afford to wait for a ‘cyber 9/11’ before our government finally realizes the importance of protecting our digital resources, limiting our vulnerabilities, and mitigating the consequences of penetrations to our networks,” said Homeland Security Ranking Member Susan Collins, R-Maine, through a committee spokesman. Meanwhile, there is a great deal of consensus among the private sector on its recommendations for a cybersecurity framework.

Four commenters weighed in on the Paperwork Reduction Act implications of the FCC’s net neutrality order. USTelecom, CTIA, NCTA and the Independent Telephone and Telecommunications Alliance (ITTA) raised questions about the transparency requirements in the rules, saying they should be rejected by the Office of Management and Budget as too burdensome and expensive. A split commission approved the order in December, but it hasn’t been in the Federal Register because of the act’s comment cycles. The Court of Appeals for the D.C. Circuit has already turned aside a court challenge because the rules have not formally been posted (CD April 5 p1).

Four commenters weighed in on the Paperwork Reduction Act implications of the FCC’s net neutrality order. USTelecom, CTIA, NCTA and the Independent Telephone and Telecommunications Alliance (ITTA) raised questions about the transparency requirements in the rules, saying they should be rejected by the Office of Management and Budget as too burdensome and expensive. A split commission approved the order in December, but it hasn’t been in the Federal Register because of the act’s comment cycles. The Court of Appeals for the D.C. Circuit has already turned aside a court challenge because the rules have not formally been posted (WID April 5 p1).

Sens. John Kerry, D-Mass., and John McCain, R-Ariz., introduced privacy legislation aimed at giving citizens control of the data that’s collected by companies online. The Commercial Privacy Bill of Rights Act would put citizens back in control of how their personal information is collected and used, Communications Subcommittee Chairman Kerry said Tuesday at a press conference. The bill allows companies to design their own safe harbor terms and does not propose a Do Not Track mechanism. Many consumers enjoy receiving targeted ads online and visiting sites that are free because they're ad-supported, “but consumers must have control of how their data is used and is transferred to an unknown third party,” McCain said.

The World Trade Organization’s Sanitary and Phytosanitary (SPS) Measures Committee has adopted five “actions” in a report on how WTO members might deal with private sector standards for food safety and animal and plant health. The committee is also working on a sixth action on the relation between private and international or government standards.

T-Mobile asked the 4th U.S. Circuit Court of Appeals in Richmond to overrule a lower court and allow the carrier to install antennas on an electric utility pole, after the application was denied by the Fairfax County Board of Supervisors. The case has broader implications since the 4th Circuit is at odds with other judicial circuits in saying only a “blanket ban” on wireless installations would violate the “effective prohibition” standard of Section 332(c)(7)(B)(i)(II) of the Communications Act.

FCC Commissioner Robert McDowell warned that time is running short for Congress to authorize the commission to hold voluntary incentive auctions of broadcast spectrum. McDowell, speaking on C-SPAN’s The Communicators, said a mechanism must be created to make auctions “fair and voluntary” for broadcasters.