At the heart of the debate on Capitol Hill on the balance between fair use and copyright law is whether Congress should regulate technology or behavior.

Advanced telecom capabilities such as broadband are being deployed to all Americans in “a reasonable and timely fashion,” telecom and cable operators said in comments to the FCC Mon. The comments were filed in response to the 4th inquiry launched by the Commission under Sec. 706 of the Telecom Act earlier this year (CD March 12 p6). The Act requires that the Commission conclude the inquiry and report to Congress within 180 days.

A group of CLECs revealed an intercarrier compensation plan Tues. different from the bill-&-keep (B&K) proposal being developed by the Intercarrier Compensation Forum (ICF), made up of carriers including the Bells and AT&T. B&K basically would eliminate payments such as access charges and reciprocal compensation and make up any shortfalls through other means such as the subscriber line charge (SLC). The plan presented at the ALTS conference Tues. by the Cost-Based Intercarrier Compensation Coalition (CBICC) calls for retaining a “unified cost-based” payment for circuit-switched traffic with a “minimal increase” in the SLC.

House members expressed concern over the Nextel Consensus Plan in a letter to FCC Chmn. Powell. Led by Rep. Wynn (D-Md.), a bi-partisan group of members said they worried there wouldn’t be enough money to adequately pay for public safety groups to relocate. The May 5 letter listed 4 concerns: (1) No guaranteed funding for public safety groups. (2) The plan caps relocation funding at $700 million for public safety agencies. (3) The plan will be tied up in litigation for years. (4) Several public safety organizations have expressed similar concerns. The letter raises the concern that public safety groups wouldn’t be able to afford the up-front costs. “This scheme is irresponsible because in order to front the costs, these agencies would initially be required to obtain appropriations from their local government,” the letter said, adding that public safety agencies would then apply for reimbursement from private entities such as a “fund administrator” and a “relocation coordination committee.” “Since neither of these private entities is associated with the United States government, they would not be held accountable for paying the reimbursements.” The letter also said Motorola estimates that Nextel’s projection of $850 million for handset replacement is low. Motorola has estimated that handset replacement could be as high as $2 billion. “If the FCC allows a cap on the already undependable funds for relocation costs, then the public safety agencies would risk imposing significant costs on local governments that could otherwise be avoided by dedicating spectrum auction funds,” the letter said. The members also questioned if the plan would hold muster in court. Noting that several wireless companies have already promised to sue, the members said the plan’s “centerpiece is a transfer of spectrum without the auction required by section 309(j)” of the Telecom Act. Members also doubted Nextel’s claim that the public safety community was behind the plan. The letter noted that the Fraternal Order of Police, the Federal Law Enforcement Officers Assn. and the National Volunteer Fire Council have raised concerns about the plan. Reps. Shimkus (R-Ill.), Strickland (D-O.), English (R-Pa.), Wexler (D-Fla.), Bachus (R-Ala.), Engel (D-N.Y.), Brady (R-Tex.), Green (D-Tex.), Forbes (R-Va.) and Barrett (R-S.C.) also signed the letter.

The House Judiciary Intellectual Property Subcommittee approved a Satellite Home Viewer Improvement Act (SHVIA) extension Thurs. that could result in rate increases for DBS providers. While the Satellite Bcstg. & Communications Assn. (SBCA) said the “committee print” version of the bill -- not yet introduced -- would be a “one-sided increase,” Subcommittee Chmn. Smith (R-Tex.) told reporters he thought there would be “little if any rate impact.” Smith said the purpose of the bill was a SHVIA reauthorization “achievable this year.” No amendments were offered, and the bill passed on voice vote.

The House Judiciary Intellectual Property Subcommittee approved a Satellite Home Viewer Improvement Act (SHVIA) extension Thurs. that could result in rate increases for DBS providers. While the Satellite Bcstg. & Communications Assn. (SBCA) said the “committee print” version of the bill -- not yet introduced -- would be a “one-sided increase,” Subcommittee Chmn. Smith (R-Tex.) told reporters he thought there would be “little if any rate impact.” Smith said the purpose of the bill was a SHVIA reauthorization “achievable this year.” No amendments were offered, and the bill passed on voice vote.

As Senate Commerce Committee Chmn. McCain (R-Ariz.) and Rep. Deal (R-Ga.) said Wed. they would search for ways to get an “a la carte” or tiered pricing package bill through Congress this year, activist groups said they had the money and will to carry the issue forward to next year if Congress fails to act. Deal has proposed an amendment to the Satellite Home Viewer Improvement Act (SHVIA), but acknowledged his amendment would likely have to apply only to DBS providers. McCain said he would try to move a la carte through an amendment, but said it was looking less likely that anything but the most essential legislation would move this year.

The broadband over power line (BPL) industry opposed as “unduly burdensome and unnecessary,” the FCC’s proposal to require that BPL operators develop and maintain a public database on the location, operational frequencies and modulation type of BPL systems. Its purpose would be to speed resolution of interference issues (CD Feb 13 p9). DSL and cable modem operators aren’t subject to notification and database requirements, and that would put BPL at a competitive disadvantage, the Power Line Communications Assn. (PLCA) said in comments on the FCC’s rulemaking on changes to its Part 15 rules to promote BPL. The United Power Line Council (UPLC) said utilities were concerned about disclosure of what could be considered “protected critical infrastructure information” under the Homeland Security Act. Meanwhile, public safety groups called for a year-long, industry-funded demonstration that BPL systems cause no or only rare interference.

Wireless carriers urged the FCC to exempt them from the requirement to seek express prior authorization before sending mobile service commercial messages (MSCMs) to their customers, as long as customers weren’t charged for them. “A requirement to seek such ‘opt-in’ consent would raise a serious constitutional issue as to whether such a requirement would be an unlawful restriction on commercial speech,” Verizon Wireless said in comments: “There is no reason to reach that issue because an exemption for wireless carriers to communicate with their own customers is warranted.” Cingular Wireless said the wireless data industry was “in its infancy,” and the Commission should be “especially careful to adopt no rules that would interfere with the relationship between wireless service providers and their customers.” Nextel agreed, but said the FCC shouldn’t exempt small businesses from the prior-express-authorization requirements.

The Food and Drug Administration (FDA) has issued a notice announcing that it has issued the second edition of its Questions and Answers (Q&A) on the prior notice requirement for imported food. This revised guidance is entitled "Questions and Answers Regarding the Interim Final Rule on Prior Notice of Imported Food (Edition 2)" and is dated May 2004.