LAS VEGAS -- Waivers of FCC CableCARD rules are going to be a lot harder to come by when they start expiring in the summer, FCC Chmn. Martin warned at the CES here Wed. Proof came several hours later when the Commission denied Comcast’s waiver request. In comments at an investor conference here earlier, Martin again took cable to task for not offering a la carte and said cable ownership caps are needed because of the unique nature of programming distribution. At both CES and the earlier investor meeting, Martin attacked net neutrality conditions that Democratic commissioners extracted in AT&T’s purchase of BellSouth.

The Senate Judiciary Committee kicked off the year with horror stories of “ordinary citizens” -- and Congress members -- getting flagged as security risks, sometimes repeatedly, because their names set off alarms in govt. databases. At a hearing on data mining, critics said there’s no evidence that “pattern-based” or “predictive” mining preempts dangerous actions -- but it does inconvenience and hurt innocent people.

The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that India has requested the establishment of a World Trade Organization (WTO) dispute settlement panel (DSP), regarding the U.S.' antidumping (AD) duty order on certain frozen warmwater shrimp from India.

The FCC would risk breaking the law if it tried to enforce a special access condition offered by AT&T and BellSouth to gain approval for its merger, Qwest warned the agency in a letter sent Thurs. AT&T agreed to lower some special access rates after the merger but said other Bells couldn’t take advantage of the lower prices unless they lowered their own prices. This is discriminatory, Qwest said: “In the event AT&T/BellSouth files such tariffs, the Communications Act and Commission precedent require the Commission to reject these unlawful provisions.”

Mediacom and Sinclair should go to binding arbitration to resolve their carriage spat, the FCC Media Bureau said in an opinion and order denying Mediacom’s emergency retransmission-consent complaint. Mediacom accused Sinclair of bad-faith negotiations and alleged Sherman Act violations in U.S. Dist. Court, Des Moines (CD Oct 10 p5). Mediacom’s license to carry 22 Sinclair-owned or operated stations in its markets expires Fri. The Media Bureau sided with Sinclair at every turn in Mediacom’s complaint, but said if the companies came to terms harm to consumers would be averted. The FCC can’t mandate an arbitrated agreement but “strongly [encourages] them to submit to binding arbitration,” the Media Bureau said. The order has implications for the entire broadcast industry, said Sinclair Gen. Counsel Barry Faber.

A bipartisan bill to update the Foreign Intelligence Surveillance Act (FISA) was among those introduced Thurs. -- day one of the 110th Congress. FISA will generate several bills. Senate Judiciary Committee Chmn. Leahy (D-Vt.) plans hearings and a package later in the session. A bill by Reps. Schiff (D-Cal.) and Flake (R-Ariz.) would keep FISA courts supervising domestic electronic surveillance and address topics raised in bills that died last Congress. The 2 want to extend emergency electronic surveillance authority from 72 hours to 7 days so investigators can start surveillance in urgent situations without FISA court warrants. Along with requiring 24-hour turnaround on FISA applications, the bill would authorize hiring of more FISA court judges to speed the process. FISA would be the only law under which authorities could conduct domestic electronic surveillance for foreign intelligence, with no exceptions under the military force authorizations statute. The bill would require congressional oversight of any electronic surveillance, with reports to the Intelligence Committees mandatory and access to them granted the Judiciary Committee.

A bipartisan bill to update the Foreign Intelligence Surveillance Act (FISA) was among those introduced Thurs. -- day one of the 110th Congress. FISA will generate several bills. Senate Judiciary Committee Chmn. Leahy (D-Vt.) plans hearings and a package later in the session. A bill by Reps. Schiff (D-Cal.) and Flake (R-Ariz.) would keep FISA courts supervising domestic electronic surveillance and address topics raised in bills that died last Congress. The 2 want to extend emergency electronic surveillance authority from 72 hours to 7 days so investigators can start surveillance in urgent situations without FISA court warrants. Along with requiring 24-hour turnaround on FISA applications, the bill would authorize hiring of more FISA court judges to speed the process. FISA would be the only law under which authorities could conduct domestic electronic surveillance for foreign intelligence, with no exceptions under the military force authorizations statute. The bill would require congressional oversight of any electronic surveillance, with reports to the Intelligence Committees mandatory and access to them granted the Judiciary Committee.

Data security legislation may succeed under Democratic control -- not because the party is better than the Republicans on the issue, but because “jurisdictional” fights between committees are expected to decline, incoming Cyber Security Industry Alliance Exec. Dir. Liz Gasster told us. Her confidence was in marked contrast to House Financial Services Committee member Bean’s (D-Ill.) prediction of another year of “turf war” between her committee and House Commerce on data security (WID Dec 7 p3). Gasster, CSIA gen. counsel, takes over Jan. 1 for Paul Kurtz, formerly President Clinton’s cyber chief on the Homeland Security Council.

The La. Supreme Court allowed the city of Lafayette and Lafayette Utilities System (LUS) to file a supplemental brief on matters of fact and law that the justices raised during oral hearings Nov. 28. City officials sought permission to file the supplemental brief that responded to “diverse and extensive questioning from the court” about the merits of the city’s municipal broadband network, and application of state anti-subsidy laws to the city’s project. The city said its brief “further illustrates what is at stake, in the name of progress and fair competition.” The court was hearing a case brought by city resident Elizabeth Naquin, who alleged that the $125 million bond issue for the broadband project would be cross-subsidized by LUS electric services. The city said there would be no unlawful cross-subsidies. It said if the telecom venture can’t make payments on the telecom bonds during early stages of the project, it could cover the payments through market-rate loans from LUS that are subject to state PSC audits. But Naquin’s attorneys said state antisubsidy laws prohibit the city telecom venture from borrowing money from LUS or any other lender to cover payments on bonds or loans. The city’s supplemental brief said Naquin’s interpretation of the Local Govt. Fair Competition Act would hold the city’s venture to a far tougher financing standard than would apply to private enterprise. It said the state legislature sought to establish a level playing field between private and govt. telecom enterprises -- not keep municipalities out of telecom though unreasonable financing requirements.

Regarding the city’s municipal broadband network, the La. Supreme Court allowed Lafayette and Lafayette Utilities System (LUS) to file a supplemental brief on matters of fact and law that the justices raised during oral hearings Nov. 28. City officials sought permission to file the supplemental brief that responded to “diverse and extensive questioning from the court” about the merits of the city’s network, and application of state anti-subsidy laws to the city’s project. The city said its brief “further illustrates what is at stake, in the name of progress and fair competition.” The court was hearing a case brought by city resident Elizabeth Naquin, who alleged that the $125 million bond issue for the broadband project would be cross- subsidized by LUS electric services. The city said there would be no unlawful cross-subsidies. It said if the telecom venture can’t make payments on the telecom bonds during early stages of the project, it could cover the payments through market-rate loans from LUS that are subject to state PSC audits. But Naquin’s attorneys said state antisubsidy laws prohibit the city telecom venture from borrowing money from LUS or any other lender to cover payments on bonds or loans. The city’s supplemental brief said Naquin’s interpretation of the Local Govt. Fair Competition Act would hold the city’s venture to a far tougher financing standard than would apply to private enterprise. It said the state legislature sought to establish a level playing field between private and govt. telecom enterprises -- not keep municipalities out of telecom though unreasonable financing requirements.