Two proposed rulemakings that could open more satellite spectrum for DirecTV, EchoStar and maybe FSS operators are circulating on the FCC’s 8th floor, with one perhaps making the agenda of the next FCC meeting, FCC officials and industry sources said. Both are vintage satellite conundrums long on the FCC to-do list, sources said: the 17 GHz “reverse DBS band” and “’tweener” DBS satellites. If new Comr. McDowell moves quickly, the 17 GHz NPRM could get a vote at next week’s agenda meeting, we're told; it also could wait until July. The ’tweener rulemaking is moving more slowly, sources said.

CHICAGO -- The Telecom Act may limit the FCC’s ability to override local govt. and address telco arguments for removing municipalities from video franchise oversight, Comr. Adelstein said. “It is very clear to me that there are certain powers that local franchise authorities possess and that those authorities were basically delegated to them,” Adelstein said Mon. at Globalcomm here. The key phrase is that the FCC can act only given local authorities’ “unreasonable refusal” to award a license, but Adelstein questioned whether a build out requirement, for example, could be construed as unreasonable.

LONDON -- Consumers need clear information on risks and rights attached to digital content they buy, the U.K. All Party Internet Group (APIG) said Mon. In the same report, APIG said distributors of technical protection measure (TPM) systems need to know they risk criminal prosecution if their products intrude too much on privacy. The report completes a public inquiry into DRM in the U.K., part of an extensive inquiry into the country’s intellectual property laws.

The Capitol Hill fight over music licensing boils down to golden oldies vs. New Wave, speakers told a Progress & Freedom Foundation event Fri. on licensing questions raised by new satellite radio functionality. The recording and Internet radio industries see new devices from XM as exploiting lower performance royalty rates for functionality better classified as iTunes-like distribution. But satellite radio and CE industries counter that current law is clear on the new devices’ legality, and that XM and Sirius already pay tens of millions of dollars to labels and artists yearly. The labels are suing XM for copyright infringement, based on the new devices’ features.

Consumers need clear information on risks and rights attached to digital content they buy, the London-based All Party Internet Group (APIG) said Mon. In the same report, APIG said distributors of technical protection measure (TPM) systems need to know they risk criminal prosecution if their products intrude too much on privacy.

The Hill fight over music licensing boils down to golden oldies vs. New Wave, speakers told a Progress & Freedom Foundation event Fri. on licensing questions raised by new satellite radio functionality. The music and Internet radio industries see new devices from XM as exploiting lower performance royalty rates for functionality better classified as iTunes-like distribution. But satellite radio and CE industries counter that current law is clear on the new devices’ legality, and that XM and Sirius already pay tens of millions of dollars to labels and artists yearly. The labels are suing XM for copyright infringement, based on the new devices’ features.

The Hill fight over music licensing boils down to golden oldies vs. New Wave, speakers told a Progress & Freedom Foundation event Fri. on licensing questions raised by new satellite radio functionality. The music and Internet radio industries see new devices from XM as exploiting lower performance royalty rates for functionality better classified as iTunes-like distribution. But satellite radio and CE industries counter that current law is clear on the new devices’ legality, and that XM and Sirius already pay tens of millions of dollars to labels and artists yearly. The labels are suing XM for copyright infringement, based on the new devices’ features (CD May 18 p9).

The Bureau of Census' (Census') April 2006 AES Newsletter contains an article that states that the publication date for the final rule on the full mandatory filing of export information in the Automated Export System (AES) is unclear due to two comments raised by the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) related to (1) grandfathering in currently approved U.S. Principal Parties in Interest (USPPIs) under the Postdeparture Program (previously referred to as AES Option 4) and (2) sharing of confidential export information from AES with foreign governments.

Amid fears that lawmakers lacked a complete grasp of net neutrality’s implications, the House Judiciary Committee approved 20-13 its leadership’s Internet Freedom & Nondiscrimination Act (HR-5417). The legislation, sponsored by Chmn. Sensenbrenner (R-Wis.) and Ranking Member Conyers (D-Mich.), would amend the Clayton Act regarding “competitive and nondiscriminatory access to the Internet.” A manager’s amendment to clarify that nothing in the bill restricts broadband networks from offering controls to protect against objectionable content or manage their networks in a nondiscriminatory manner was also approved by the committee.

The House Judiciary Committee swiftly approved its own data security bill Thurs. The Cybersecurity Enhancement & Consumer Protection Act would add computer crimes and data theft to the Racketeer Influenced & Corrupt Organization (RICO) law and permit authorities to start looking into data breaches before consumers are notified. The bill would also make hiding data breaches to impede govt. investigations a federal crime. The measure (HR-5318), sponsored by Chmn. Sensenbrenner (R-Wis.), got out of subcommittee this month (WID May 19 p8). The Business Software Alliance (BSA) welcomed the committee’s approval of HR-5318. “Cyber criminals are becoming increasingly sophisticated and organized, and law enforcement officials are in a constant race against time,” BSA Pres. Robert Holleyman said: “This bill will help close cyber loopholes in the criminal code, encourage early notification to law enforcement, and provide the necessary tools to find and prosecute online criminals.” Members also approved the House Commerce Committee’s Data Accountability & Trust Act (HR-4127), to which they were granted sequential referral. While Sensenbrenner said he had “serious concerns” about the bill, he told the committee it should report HR-4127 favorably. A speedy approval by the Judiciary Committee would allow a comprehensive data security bill to be crafted with the Judiciary Committee’s views “well represented in the process,” he said. HR-4127 requires the FTC to set reasonable security practices to secure computerized data containing personal information, and provides for nationwide breach notification. It also contains a preemption provision that purports to create a uniform national standard for handling breaches. Sensenbrenner said he feared the FTC “has virtually no expertise in the area of financial data regulation” and called this attempt at expanding its jurisdiction unwarranted. HR-4127’s allowance for state attorneys general to bring enforcement actions against financial institutions, rather than leaving regulation and enforcement to federal financial regulators, is a mistake, he added. There’s a place for AGs in enforcing violations but the Commerce Committee’s bill goes too far, he said. Although HR-4127 calls for national standards, it expressly protects state consumer protection laws and doesn’t preempt any law relating to fraud, Sensenbrenner said. “These broad exceptions raise questions about whether business entities will be subject to conflicting state and federal laws and regulations, undermining the goal of a nationwide standard,” he said. Amendments by Reps. Wexler (D-Fla.) and Scott (D-Va.) for both bills inserted special notification requirements for federal agencies, presumably created in response to the Dept. of Veterans Affairs’ massive data security breach. Those amendments were also approved by the committee.