NTIA released cost estimates for clearing federal agencies from spectrum that will be sold through the long-awaited advanced wireless service (AWS) auction, saying the expenses probably will be well below industry and congressional estimates. NTIA projected in a report the cost of 2,240 frequency assignments, across 12 agencies, will run $936 million. The Congressional Budget Office had estimated costs could run as high as $2.5 billion. The NTIA report cleared the way for an FCC auction of 90 MHz of AWS spectrum as early as June.

The videogame industry Wed. won a round in its battle against a Cal. videogame law that would require retailers to clearly label violent videogames and bar them from renting or selling those titles to customers under 18. U.S. Dist. Judge Ronald Whyte, San Jose, late Wed. handed down a preliminary injunction barring enforcement of the law, which was to have taken effect Jan. 1.

In Orlando Food Corp. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) has reversed a Court of International Trade (CIT) decision, ruling that the U.S. government must pay interest to Orlando in connection with the refund of overpaid duties on a 1989 entry.

Federal IT systems are 85% secure and accredited, a level the Office of Management & Budget (OMB) wants to push to 90% in fiscal 2006. That would include each agency’s Inspector Gen. verifying the effectiveness of IT security remediation processes, a new Bush Administration report said. Although the govt. didn’t reach its 2005 goals, OMB said, agencies “continue to strive to improve the security posture of the federal government assets.”

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The U.S. Appeals Court, D.C., has authority under the reopening doctrine to review and rule on an FCC order adopting the National Programmatic Agreement (NPA), CTIA said Wed. in a supplemental brief. The jurisdictional issue was raised last week by Judge Merrick Garland during oral argument (CD Dec 9 p5) in light of earlier rulings by the court in PanAmSat v. FCC and related cases. CTIA is challenging a 2004 FCC order in which the Commission claimed authority to impose National Historic Preservation Act (NHPA) obligations on construction of wireless towers by cellular and PCS carriers licensed on a geographic basis. The group also is challenging an agency decision to extend wireless providers’ historic preservation obligations to properties “potentially eligible” for inclusion in the National Register of Historic Places. But the court has jurisdiction in CTIA v. FCC (05-1008) only if the 2004 FCC order constitutes a “reopening” of the case. “The FCC’s order differentiates between the FCC’s statutory authority to impose NHPA obligations, and the ‘public interest question’ whether the FCC should… continue to impose such obligations,” CTIA said. The FCC reopened the first question, explaining for the first time its rationale for imposing NHPA obligations on construction of wireless towers not federally funded or licensed, CTIA said. Former Comr. Kathleen Abernathy and then-Comr. Martin dissented from the order “without suggesting that the majority had refused to address the issue,” it said. In a Bureau-level order, CTIA said, the FCC later relied on the consideration of its statutory authority in the 2004 order to deny review of that issue in another proceeding. “All of that demonstrates that the FCC intended to and did in fact reopen this issue in order to achieve a definitive resolution of the statutory question,” CTIA said: “That is doubtless why the FCC, which routinely raises jurisdictional issues before this Court, did not do so in this case, either in its briefs or at oral argument.” FCC’s brief on the issue is due Dec. 19; CTIA’s reply, Dec. 22.

The House on Wed. passed the Patriot Act conference report, which accompanies the reauthorization bill (HR- 3199), by a roll call vote of 251-174. The ACLU said it was disappointed with “the failure of the House to protect the liberty and freedom of innocent Americans” by adopting a bill the group called flawed. The conference report fails to put needed protections against abuse into the law, the civil liberties group said, noting that House leaders ignored growing calls to reform the law to focus on suspected foreign terrorists while protecting Americans’ privacy and civil liberties. Documents obtained by the Electronic Privacy Information Center (EPIC) through a Freedom of Information Act litigation raise questions about the govt.’s use of Patriot Act powers, particularly the Sec. 215 provision (WID Dec 14 p3), Exec. Dir. Marc Rotenberg told us. He urged the Senate not to reauthorize the sunsetting provisions until the FBI has provided all documents EPIC seeks and Congress can review them. In floor remarks Wed., House Minority Leader Pelosi (D-Cal.) said she couldn’t support the extension because the conference report “does not secure the right balance between security and liberty.” She said the country’s founders recognized the importance of that balance and “led a revolution to secure liberty against an arbitrary power.” The secrecy allowed in using Patriot Act powers -- such as the national security letters (NSLs) that allow the FBI to demand private records from ISPs, banks, credit card firms and other businesses -- worried her most, she said: The request doesn’t have to explicitly connect someone to terrorism and the subject of the NSL doesn’t know a letter has been issued. “You can’t know; you will never know,” she said: “Any information including your most sensitive personal data, along with that of thousands of American citizens gathered by these national security letter requests will be held in perpetuity by law enforcement.” A motion to recommit, which would have let lawmakers work on the bill, failed 202-224. A Senate vote is expected this week. Attorney Gen. Alberto Gonzales applauded the effort as “an essential part of our nation’s efforts in the war against terrorism.” He urged the Senate to “act now.”

High-tech and civil liberties groups questioned how the federal govt. has used, or abused, Patriot Act powers since 2001. The ACLU, Electronic Privacy Information Center (EPIC), Center for Democracy & Technology (CDT), American Library Assn. (ALA) and other groups are sounding alarms this week as Congress considers whether to renew key provisions of the law, including 3 components with high-tech implications: govt. access to business records, roving wiretaps and surveillance of “lone wolf” suspects with no apparent links to foreign terrorist organizations.

Universal Service Fund (USF) reform should be a pillar of telecom reform, FCC Comr. nominee Copps told Senate Commerce Committee Chmn. Stevens (R-Alaska) at his Tues. confirmation hearing. The FCC needs to hear from Congress what “universal service” means, Copps said. He also said the contribution methodology needs repair. Responding to Stevens’ query on Copps’s top priority in updating the ‘96 Telecom Act, he said: “USF is so essential to the future of this country… I think we've got to fix that system.”

Whether CTIA has the right to challenge an FCC order adopting the Nationwide Programmatic Agreement (NPA) was among key questions raised at a U.S. Appeals Court, D.C. oral argument Thurs. The court has jurisdiction in CTIA v. FCC (05-1008) only if the FCC’s 2004 order constituted “reopening” the case. Judges Merrick Garland and David Tatel told CTIA and FCC to file supplemental briefs addressing the question within 5 days. Also on the court panel was Judge Thomas Griffith. Whether the FCC has authority to impose NHPA compliance requirements on tower construction is another question judges focused on.