Pay-TV and phone providers will get access to one another’s wiring in apartment buildings under an FCC order commissioners said will boost competition in both industries. An order stipulating when Bells must provide access to phone wires in multiple dwelling units (MDUs) to CLECs including cable operators, and when telcos can tap into cable wiring, was approved 5-0 at Thurs.’s agenda meeting. The order, in addressing 2 separate issues, offered cable operators a win, since Cox Communications’ complaint was upheld, while Bells get easier access to cable lines under Sheetrock in apartment walls.

The 9th U.S. Appeals Court, San Francisco, upheld a “broad grant of immunity” to service providers in Sec. 230 of the Communications Decency Act (CDA) -- regardless of state laws that could trigger exemptions under the provision -- in denying en banc rehearing of a contributory infringement case. The court amended a March opinion denying state intellectual property claims by adult Web publisher Perfect 10 against billing service providers CCBill and CWIE (WID March 30 p9). Perfect 10 told the 9th Circuit its ruling contradicted a First U.S. Appeals Court, Boston, decision in Universal Communication Systems v. Lycos (WID Feb 28 p9). The case involved consideration of a state-law trademark dilution claim as a federal intellectual property claim, which would negate provider immunity for users’ defamatory statements under the federal CDA. The Boston court avoided drawing a line between defamation and trademark because it would have raised serious First Amendment issues; the San Francisco court said in a new footnote it couldn’t avoid the issue. Various state laws could be deemed to relate to “intellectual property,” such as trademark dilution, unfair competition and right of publicity, the 9th Circuit said: “No litigant will know if he is entitled to immunity for a state claim until a court decides the legal issue.” Defendants normally granted Sec. 230 immunity “would thus be forced to bear the costs of litigation under a wide variety of state statutes that could be arguably classified as ‘intellectual property,'” which would “fatally undermine the broad grand of immunity provided by the CDA,” the San Francisco court said.

The FCC may require pay-TV providers and broadcasters to use a new emergency alert standard to relay govt. information on disasters, said agency and industry officials. The FCC seems set to adopt an emergency alert system (EAS) order (CD May 18 p9) at the Thurs. agenda meeting that will require use of common alerting protocol (CAP) -- once FEMA is done working on the system. CAP allows distribution of a single warning message by multiple sources including cable systems, radio and TV. The U.S. govt. permitted CAP testing in 2005. Last-min. 8th floor negotiations on the emergency alert rulemaking’s wording concern how to address multilingual alerts, said media advocacy, broadcast and FCC officials.

Pay-TV providers and networks fear a fledgling digital- only channel will wreak havoc in the market for programming if it succeeds in the latest twist of a 2-year quest (CD Oct 27/05 p8) for FCC assistance in getting cable carriage. In the latest carom in the America Channel’s (TAC) years-long effort to be carried on Comcast and Time Warner, the network switched formats. In Dec. it began styling itself as a regional sports network (RSN), mostly carrying women’s college games. It had said its shows would profile ordinary people doing “extraordinary things.” Cablevision, Charter, Cox, DirecTV, EchoStar and Time Warner were among the major pay-TV companies to pass on that genre, said Comcast. The America Channel has distribution deals with RCN and telecom companies including Verizon, but can’t begin programming until it gets carriage on Time Warner and Comcast, it said. RCN Senior Vp Richard Ramlall said he’s “anxious” to carry the channel - whether or not it’s deemed a sports network.

FCC commissioners disagree on how to handle a 2005 proposal to revise regulation of the Bells’ special access service. FCC Comr. McDowell is expected to be the tie breaker, taking a middle-of-the-road position, sources said Wed. Meanwhile, House Telecom Subcommittee Chmn. Markey (D- Mass.) asked commissioners in a Wed. letter if they support a review of special access rules.

Pressed by the Hill and conservative groups, the CPB will release the controversial documentary Islam vs. Islamists to Ore. Public Bcstg. for distribution to other public stations. PBS withheld airing the program because it’s “incomplete,” as a result of not meeting its “editorial standards,” it said. The Ore. network will distribute the documentary under an agreement with CPB, OPB Pres. Steve Bass told us.

Three cable broadband providers likely will appeal a ruling (WID May 23 p10) letting Chicago charge a 5% franchise fee on cable modem service. Last week, a 3-judge Ill. Court of Appeal panel decided that neither FCC rules nor federal law bar cities from collecting a 5% fee on cable broadband revenue - the same cap the Commission put on municipal video service fees. Defendants Comcast, RCN and WideOpenWest unsuccessfully argued that cities can’t collect Web surcharges under the Telecom Act, Internet Tax Freedom Act, FCC orders and a handful of other courts’ rulings. Judge Calvin Campbell disagreed, saying federal rules don’t preempt state contract law and the companies’ 15-year franchise agreements, made in 2000.

Three cable broadband providers likely will appeal a ruling (CD May 23 p13) letting Chicago charge a 5% franchise fee on cable modem service. Last week, a 3-judge Ill. Court of Appeal panel decided that neither FCC rules nor federal law bar cities from collecting a 5% fee on cable broadband revenue - the same cap the Commission put on municipal video service fees. Defendants Comcast, RCN and WideOpenWest unsuccessfully argued that cities can’t collect Web surcharges under the Telecom Act, Internet Tax Freedom Act, FCC orders and a handful of other courts’ rulings. Judge Calvin Campbell disagreed, saying federal rules don’t preempt state contract law and the companies’ 15-year franchise agreements, made in 2000.

The company that owns .travel registry TheGlobe.com may fold at month’s end, it said in its latest 10-Q filing to the SEC. Other than raising more capital, its best hope of staying in business is to bolster registration of .travel domain names and capitalize financially on its travel search website, the company said. TheGlobe.com would be the first registry to fail. Its plight raises questions about what happens to registrants if it goes under.

The U.S. Supreme Court Mon. ruled in favor of Verizon in an antitrust suit with implications not only for the Bells but for all industries (CD Nov 28 p1). The class action filing by William Twombly and Lawrence Marcus charged the Bells with “acting in parallel” to curb competition by not competing in one another’s territories and resisting CLEC entry in their own markets. Justice John Stevens dissented; Justice Ruth Ginsburg joined in part of his dissenting opinion.