International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain radio control hobby transmitters and receivers and products containing same.

Ohio’s new telecom rules kicked in Jan. 20, replacing rules on the books since 1989. While proponents believe the new rules reflect changes in the industry and establish a level playing field, consumer advocates warned of potential rate hikes and less consumer protection, both sides said in interviews. The legislature passed the Ohio Telecom Modernization Act earlier last year.

Any efforts to fight the U.S. government’s conditional approval of Comcast’s acquisition of control of NBC Universal would face hurdles, and challenges seem unlikely at first glance to be made, those who had sought more conditions agreed with one who opposed them. A hurdle is that the Justice Department and FCC imposed similar Internet conditions (CD Jan 19 p1) , and DOJ’s probably would stand even in the unlikely event that a lawsuit against the commission succeeded, said several lawyers who had sought more deal curbs. Judges who review consent decrees, such as the one that Comcast agreed to with DOJ, usually approve them, even if parties seek changes through written comments that they can submit to the court under the Tunney Act, the nonprofit group lawyers said.

Payphone operators’ request for emergency cash and long-term Universal Service Fund support was panned by Sprint-Nextel, Verizon, USTelecom and TracFone Wireless. The American Public Communications Council filed a petition last month asking the FCC for about $57 million in emergency Lifeline money and for a proceeding on whether payphones should receive universal service support permanently (CD Dec 6 p6). The petition drew support from the Florida Public Telecommunications Association, which said that the collapse of the payphone industry “has been greatly exacerbated in Florida and other states … due to the introduction of ‘free’ governmentally supported cell phone service offered by TracFone and more recently Virgin Mobile.”

The Office of the U.S. Trade Representative announces that in a recently concluded a meeting of the U.S.-Japan Trade Forum, U.S. officials raised concerns about U.S. access to Japan’s beef and automobile markets; and Japanese officials raised issues on the transportation of lithium batteries and implementation of the Food Safety Modernization Act, among other things. A discussion on the Trans-Pacific Partnership was also held, in which the U.S. provided an update on the TPP process and related issues, and Japan explained its Government’s position and recent developments with respect to Japan’s interest in the TPP. (See ITT's Online Archives or 11/12/10 news, 10111211, for BP summary of Japan's announcement that it will decide whether to join TPP talks by June 2011.)

The U.S. government is making Comcast fulfill several Web conditions to complete its purchase of control in NBC Universal from General Electric and form a new joint venture with GE. The FCC and Justice Department said they're barring the cable operator, in its role as an ISP, from discriminating against competing content. A condition from the commission -- which some see as a form of net neutrality (CD Jan 12 p4) -- prohibits Comcast from giving priority on its broadband network to its content over competitors’, FCC officials said.

The U.S. government is making Comcast fulfill several web conditions to complete its purchase of control in NBC Universal from General Electric and form a new joint venture with GE. The FCC and Justice Department said they're barring the cable operator, in its role as an ISP, from discriminating against competing content. A condition from the commission that some see as a form of net neutrality (WID Jan 12 p4) prohibits Comcast from giving priority on its broadband network to its programming over competitors’, FCC officials said.

Qwest failed to meet its burden to prove that it could set its own prices and terms of service in Phoenix because it didn’t demonstrate that forbearing continued regulation would have preserved fair prices and business practices, protected consumers or serve the public interest, the FCC said in its reply in the 10th U.S. Circuit Court of Appeals. “Qwest attempts to reverse the burden of proof by insisting that the commission was required to disprove each of the predicates that otherwise would justify forbearance under the statutes,” the commission said in its reply. It was filed with the Denver court on Monday. Not only is Qwest’s argument “at odds with the plain language of the statues,” it “would also have the perverse effect of forcing the commission to produce evidence to preserve provisions of the Communications Act whenever a carrier simply requests forbearance from those provisions of law and produces nothing else,” the commission’s reply said. “It is hard to imagine that Congress intended the competition-enhancing provisions of the act to be so easily nullified,” the 78-page reply stated. In any case, Qwest can’t raise the matter on the federal appeal because it didn’t bring it up with the commission first, as required by law, the agency said. Qwest has said it’s “hemorrhaging” market share in Phoenix to Cox and yet is still unfairly being treated as if it were a monopoly (CD Nov 23 p6). The company has also claimed in its appeal that the FCC “moved the goalposts” when it adopted a market power analysis and determined that Qwest wasn’t facing enough facilities-based competition for the Phoenix retail mass market (CD June 24 p1). A Qwest spokesman declined to comment. Industry is watching the Qwest case closely (CD Aug 27 p6). After Qwest appealed its forbearance denial, similar forbearance petitions -- by both Qwest and Verizon -- were withdrawn in other markets (CD June 24 p1). Some dozen CLECs are planning a consolidated intervenor’s brief on behalf of the FCC, said telecom lawyer Andrew Lipman of Bingham McCutchen, who is representing some of the CLECs. “I don’t think it’s likely the court will vacate the FCC’s decision,” he said, but CLECs are anxious because they saw themselves steadily squeezed in the Omaha market after Qwest won a forbearance there.

FTC enforcement action is coming under the Children’s Online Privacy Protection Act (COPPA), including enforcement based on the collection of information about kids through mobile applications, a commission lawyer indicated Wednesday. “Our enforcement efforts continue” under COPPA, “so stay tuned for the next set,” said Phyllis Marcus, a senior attorney in the advertising practices division. And broadening the definition of protected personal information online “is a very interesting area that is ripe for potential development,” she said on an American Bar Association webcast about marketing to children.

FTC enforcement action is coming under the Children’s Online Privacy Protection Act (COPPA), including enforcement based on the collection of information about kids through mobile applications, a commission lawyer indicated Wednesday. “Our enforcement efforts continue” under COPPA, “so stay tuned for the next set,” said Phyllis Marcus, a senior attorney in the advertising practices division. And broadening the definition of protected personal information online “is a very interesting area that is ripe for potential development,” she said on an American Bar Association webcast about marketing to children.