The U.S. Court of Appeals for the Federal Circuit affirmed a lower court ruling saying cellphone cases imported by OtterBox are classifiable in the tariff schedule as generic “other” articles of plastic, dutiable at 5.3 percent, rather than as containers subject to a 20 percent duty rate. A three-judge Federal Circuit panel agreed last week with a year-old U.S. Court of International Trade decision that the cellphone cases don't meet most of the four criteria for classification as containers under heading 4202 -- organizing, storing, protecting and carrying -- and are also dissimilar from such containers because they're designed to allow use of the cellphone while inside the container.

FCC rule changes to streamline siting of small cells under the National Historic Preservation Act (see 1608080061) took effect Monday, said the agency in that day's Federal Register.

The FCC shouldn’t ignore concerns of small businesses on ISP privacy rules, said Competitive Carriers Association President Steve Berry in a Friday news release. “As the FCC works to establish new privacy rules, the opportunities and challenges of small providers must be considered.” Berry said CCA represents nearly 100 competitive carriers and nearly 200 vendors and suppliers, most of them small businesses: “It is critical that policymakers understand the consequences and costs that new privacy requirements can place on often resource-constrained small businesses.”

The FCC Wireless Bureau designated Key Bridge as a database manager charged with developing and managing a database of link registrations by commission licensees in the 71-76, 81-86 and 92-95 GHz bands. Key Bridge’s term as a database manager extends through Dec. 9, 2019, and is renewable by the commission, said the order in docket 13-291. “We reserve the discretion to designate additional managers or change the current designations of Key Bridge and other Database Managers at a later date if circumstances indicate that such action is warranted.” Key Bridge is also a data manager for the TV white spaces, the bureau noted. The firm “has established that it is qualified to serve as a database manager for the 70/80/90 GHz bands and … the public interest is well served by designating Key Bridge to be a database manager,” the bureau said.

The FCC Public Safety Bureau again extended the freeze on accepting new 800 MHz applications along the U.S.-Mexico border, now through Feb. 1. In March, the bureau extended the freeze through Wednesday (see 1603010042). “This extension is needed to preserve vacant channels for licensees re-tuning their systems according to the Bureau’s updated band plan for licensees operating along the border with Mexico,” said the Friday public notice. “As of this date, many Mexico border region licensees have yet to complete their system re-tunes. Accordingly, to preserve currently vacant channels for use by these licensees and avoid potential licensing conflicts, we extend the freeze on the acceptance of non-rebanding applications for 800 MHz licenses” in regions along the border. The freeze covers the five National Public Safety Planning Advisory Committee regions along the U.S. border with Mexico and stations located within 70 miles of the borders of these regions, the PN said.

The city of Berkeley, California, said CTIA cited outdated authority to argue the FCC doesn’t require providers to warn about the possible danger of RF exposure. CTIA is challenging in the 9th U.S. Circuit Court of Appeals the city’s cellphone warning ordinance for RF emissions. From 2001 to 2014, the FCC only encouraged RF exposure disclosures, but after 2014, it became a requirement, the city said Thursday in a surreply (in Pacer). "After a period of voluntary disclosure, the FCC now requires cell phone manufacturers to include in their manuals the same kind of information Berkeley would require retailers provide at the point of sale." CTIA acknowledged the requirement in the 9th Circuit and other courts, Berkeley said. Regardless, CTIA shouldn’t be able to make the argument because court precedent says parties can’t raise new arguments in reply briefs and courts can’t consider new arguments on appeal, Berkeley said. The court struck the city’s earlier attempt to strike the CTIA argument from the record (see 1608120062). CTIA didn’t comment Friday.

Movado will debut smartwatches this holiday selling season under its various licensed brands including Coach, Hugo Boss, Juicy Couture, Lacoste and Tommy Hilfiger, President Ricardo Quintero said on a Thursday earnings call. “We are encouraged by consumer interest in the smartwatch.” CEO Efraim Grinberg said the company's licensed-brand watches “have a hidden screen, so when you receive notifications, you can actually read the notification." The hidden screen "pops up, then disappears," he said.

Sprint said it reached peak speeds of 275 Mbps in lab tests using the LG G5, an early handset capable of three-channel carrier aggregation. The carrier said it independently is testing three-channel carrier aggregation as it prepares for its LTE Plus network deployment. “Carrier aggregation is an LTE-Advanced feature that bonds together bands of spectrum to create wider channels and produce more capacity and faster speeds on capable devices,” Sprint said in a Thursday news release. “Essentially it creates a wider lane that allows more data traffic to travel at higher rates.” Sprint said it already offers 22 devices that support two-channel carrier aggregation, with peak speeds of more than 100 Mbps. Six devices it offers are three-channel carrier aggregation capable, Sprint said.

Lifeline wireless providers plugged their petition for FCC reconsideration and clarification of its order overhauling the USF low-income subsidy program. The commission March 31 approved extending Lifeline funding to broadband service while phasing out stand-alone voice support, shifting the duty to oversee consumer eligibility from carriers to a national verifier, and creating a process for designating national Lifeline broadband providers supplementing the current state-by-state eligible telecom carrier (ETC) process (see 1603310056). The Joint Lifeline ETC Petitioners said they looked forward to offering broadband Lifeline service and working with regulators on ways to improve the enrollment process both before and after a national verifier is implemented, in a filing posted Thursday in docket 11-42 by American Broadband & Telecommunications, Blue Jay Wireless, i-wireless, Telrite, Assist Wireless, Easy Wireless, Prepaid Wireless Group and TruConnect. They said the Joint ETCs also are asking the commission to: "modify a minimum service standard formula and adopt a more graduated phase-in" of broadband requirements; complete a Lifeline market report before ending support for stand-alone voice service, given the "continuing value of voice service"; ensure the national verifier can engage in real-time eligibility determinations; and extend streamlined 60-day consideration to all ETC petitions. It opposed some calls of other petitioners, including to ban in-person handset distribution and incentive-based compensation, and to lift a "12-month benefit port freeze for broadband plans."

The FCC teed up Global Reconnect's planned buy of TerraCom, a wireless and wireline telecom carrier that serves low-income persons with funding support from the Lifeline USF program. Comments are due Sept. 7 and replies Sept. 14, said a public notice Wednesday in docket 16-268.