XM and Sirius’ objections to a Freedom of Information Act request by U.S. Electronics “cannot and do not outweigh the reality that by asking the commission for permission to merge, they have squarely put these compliance issues in contention,” wrote Charles Hein, the vendor’s counsel. In a series of FOIA requests, U.S. Electronics demanded that the FCC release documents that the company says may show what happened to interoperable radio and unlawful emissions issues raised but not addressed (CD Feb 1 p8). XM and Sirius filed a formal objection to the request. Meanwhile, the Motley Fool online investor column called suggestions that the FCC condition the merger on the combined entity giving up half of its spectrum “flat-out ridiculous.” Without interoperable radios, such a condition “would render older XM and Sirius receivers obsolete, or halve the number available channels across both systems,” wrote Rick Munarriz. “That certainly would go against the stipulation in the deal that the product would become more consumer friendly.”

XM and Sirius’ objections to a Freedom of Information Act request by U.S. Electronics “cannot and do not outweigh the reality that by asking the commission for permission to merge, they have squarely put these compliance issues in contention,” wrote Charles Hein, the vendor’s counsel. In a series of FOIA requests, the U.S. Electronics demanded that the FCC release documents that the company says may show what happened to interoperable radio and unlawful emissions issues raised but not addressed. XM and Sirius filed a formal objection to the request. Meanwhile, the Motley Fool online investor column called suggestions that the FCC condition the merger on the combined entity giving up half of its spectrum “flat-out ridiculous.” Without interoperable radios, such a condition “would render older XM and Sirius receivers obsolete, or halve the number available channels across both systems,” wrote Rick Munarriz. “That certainly would go against the stipulation in the deal that the product would become more consumer friendly.”

The Ohio Supreme Court upheld Public Utility Commission decisions in 2006 to grant basic-exchange pricing flexibility in major portions of AT&T and Cincinnati Bell service areas on the ground the companies demonstrated the markets were competitive. The Office of Consumer Counsel had appealed the actions, claiming the PUC’s competition tests conflicted with state law and that there actually was no competition for stand-alone basic exchange. But the Supreme Court ruled the PUC acted reasonably and within its discretion in setting the tests and evaluating the companies’ petitions for the right to raise stand-alone basic exchange rates up to $1.25 monthly a year and basic caller ID by 50 cents monthly. The OCC said it was disappointed by the ruling. Cincinnati Bell made the allowed increases in 2007, but AT&T hasn’t yet increased its basic rates.

The House IP Subcommittee wasted little time scrapping a controversial provision in the PRO-IP Act (HR-4279), intended to enhance penalties, forfeitures and government coordination against piracy, in a brief Thursday markup. Section 104 of the bill would have killed the $30,000 cap on infringements of “compilations,” letting courts apply multiple awards of statutory damages, a provision some lawmakers and a public interest group attacked at a hearing (WID Dec 14 p2). The bill was approved and sent to the full Judiciary Committee with a manager’s amendment.

BRUSSELS -- EU lawmakers have doubts about European Commission (EC) plans for the digital dividend, members of the European Parliament said Tuesday at the Policy Tracker European Digital Dividend conference. Despite EC assurances that it doesn’t want total harmonization of spectrum at the EU level, MEPs are suspicious of forced coordination, they said, urging that the Commission take a light regulatory approach. Final EC proposals aren’t expected until year’s end.

The RIAA is trying to avoid a snowball effect after a federal judge in Connecticut ruled the trade group’s infringement claims too vague and expressed skepticism that its “making available” theory of infringement is sound (WID Feb 26 p7). Defense lawyers in New York, a hotbed of P2P cases, quickly notified courts there of the Connecticut ruling. The RIAA has responded to at least one, in Brooklyn federal court, by citing a recent favorable ruling from Michigan. Meanwhile, the RIAA has been told by two judges recently that it must file separate complaints against defendants who had been sued together.

The Bureau of Industry and Security has issued a final rule, effective February 28, 2008, which amends 15 CFR 740.9 to increase the number of end-uses for which certain "tools of trade" may be exported temporarily to Sudan under a license exception, make more types of commodities eligible under the category "tools of trade" for purposes of this license exception, and authorize reexports under this provision to the same extent as exports are authorized.

The FCC slashed by 92 percent indecency fines levied on Fox stations for airing a 2003 episode of Married by America featuring strippers at bachelor and bachelorette parties. The forfeiture order released Friday fined 13 stations $7,000 each, a total of $91,000. Commissioners approved the order 5-0 (CD Feb 22 p1). A 2004 notice of apparent liability found the episode indecent, penalizing 167 stations $7,000 each. That amounted to $1.2 million.

The Court of Appeals for the D.C. Circuit, in a divided decision, ordered the FCC to explain why it failed to fully review the environmental impact of 6,000 Gulf Coast communications towers before granting them licenses. The court said the FCC didn’t apply the proper National Environmental Policy Act (NEPA) standards and didn’t give meaningful notice of pending tower applications. Industry sources said that while the decision raises some red flags for wireless carriers and tower companies, the net effect remains uncertain. Judges Judith Rogers and Merrick Garland agreed in the decision while Judge Brett Kavanaugh dissented.

The FCC shouldn’t fix what’s isn’t broken by redefining more narrowly which deals can be offered by TV stations and cable networks for carriage on multichannel video programming distributors, said broadcasters, large cable operators and programmers. Disputing claims by the American Cable Association and others, the NAB’s reply to an FCC rulemaking notice said TV stations never require pay-TV companies to carry affiliated channels so they can show the broadcast signals.