The U.S. International Trade Commission began an investigation into allegations that Amazon, Nintendo, Samsung and other companies are importing consumer electronics devices that violate a U.S. patent for a microprocessor component commonly found in CE devices, in violation of the Tariff Act of 1930. The ITC ordered the investigation Monday, the commission said in a filing Thursday (http://xrl.us/bnmw8a). Technology Properties Ltd., Phoenix Digital Solutions and Patriot Scientific Corp. filed a joint complaint against the companies July 24, alleging they violated U.S. Patent 5,809,336 -- a “High performance microprocessor having variable speed system clock,” which involves the use of two independent clocks within a microprocessor to increase its speed and efficiency. The ITC noted in its initial filing on the complaint that the asynchronous clock model has become widely adopted within the CE industry, so virtually any such device could infringe on that patent (http://xrl.us/bnieiw). The complainants have also sued in U.S. District Court in Northern California for patent infringement in relation to the complaint. Amazon, Nintendo and Samsung had no immediate comment.
The FCC fined a Spanish Broadcasting System FM station for the second time in a day for recording prank phone calls without notifying the person on the other end of the line (CD Aug 23 p13). That action came in a second Enforcement Bureau forfeiture order also dated Wednesday, fining WSKQ New York $16,000, after WZNT San Juan, Puerto Rico, was penalized $25,000 earlier that day. The bureau disagreed with the company’s rebuttal to a proposed fine that a penalty wasn’t called for because the station sought and got the person’s permission after the call was placed. “The Commission’s longstanding policy” is “that prior notification is essential to protect individuals’ legitimate expectation of privacy and to preserve their dignity by avoiding nonconsensual broadcasts of their conversations,” the order said (http://xrl.us/bnmw8x). That a vendor and not the company itself recorded the call doesn’t relieve SBS of liability, the bureau said. “We have consistently held that licensees are responsible for the programming aired on their stations and for violations of Commission rules by employees and independent contractors. To hold otherwise would allow a licensee to circumvent the Commission’s rules with impunity by simply having an agent perform, on its behalf, any acts that violate Commission rules.” An SBS spokesman had no comment. The orders to WSKQ and WZNT “each raises a number of interesting issues,” a radio lawyer uninvolved in the cases wrote Thursday. “They address and reject many defenses to the fines that were raised by the broadcaster,” David Oxenford wrote on the blog of the Wilkinson Barker law firm. That “a litany of potential defenses to the violations were rejected by the FCC” leaves “very little if any room for fighting off a fine should a station be caught having made a recorded” conversation or broadcasting “a call without permission,” he wrote (http://xrl.us/bnmw9b).
The Democratic party’s platform should include language supporting an open Internet, four Democratic lawmakers said in a letter to the Democratic National Committee Wednesday. “We strongly urge you to ensure Internet freedom is a plank in the platform,” wrote Jared Polis of Colorado and California Reps. Zoe Lofgren, Anna Eshoo, and Doris Matsui. “Specifically, Democrats should explicitly reaffirm our staunch commitment to online free expression, to protect privacy from overbroad surveillance, to a free and open Internet, and to innovation in digital services.” The four asked that the platform include the language: “The Democratic Party stands for global Internet freedom, the free flow of information online, a free and open Internet, and protection from online censorship and privacy violations.” Earlier this month, political action committee Demand Progress began an online campaign to encourage Democrats and Republicans to adopt pro-open Internet language in their platforms. The petition asked the parties’ leaders to include in the platform the phrase: “The Democratic/Republican Party stands for a free and open Internet, unfettered by censorship and undue violations of privacy."
States can begin applying starting Friday for about $17.5 million in grants to pay for combating distracted driving, a Department of Transportation spokeswoman told us. The grant notice is expected to be published in the Federal Register then, according to the spokeswoman, and it specifies (http://xrl.us/bnmw4e) that upon publication states will have 45 days to apply. “The grant program provides approximately $17.5 million in FY 2013 for states that have enacted and are enforcing anti-distracted driving laws, including anti-texting statutes,” the National Highway Traffic Safety Administration (NHTSA) said Wednesday (http://xrl.us/bnmw4a). “To qualify, a state must have a comprehensive, primary law against distracted driving or a primary law prohibiting texting while driving, which allows law enforcement personnel to stop violators solely for distracted driving.” NHTSA also received $5 million from Congress to create public service announcements against distracted driving, the department said.
Iridium said it supports a petition from the Radio Technical Commission for Maritime Services (RTCM) asking the FCC to update rules for the operation of satellite emergency notification devices (SENDs). The company urged the agency to update the rules to reflect an RTCM standard aimed at using personal satellite tracking and messaging devices to support search and rescue operations, in comments filed in RM-11667 (http://xrl.us/bnmw8p). RTCM said it filed its petition in June asking the commission to adopt a standard that requires mobile satellite devices to include a distress function. “No use of the radio spectrum is more essential to the public interest than effective and reliable emergency distress communication,” Iridium said. RTCM’s “Standard 12800.0” advances these objectives and “reflects the consensus inputs of key stakeholders from both government and industry, taking account of the requirements of the search and rescue community and the safety of consumers of SENDs,” the company said.
Verizon Wireless announced major preparations in Tampa, Fla., pegged to the 2012 Republican National Convention. “Verizon Wireless expects record-setting traffic on its 4G LTE network as political representatives, journalists, bloggers and thousands more ‘wireless power users’ upload and download a torrent of videos, photos, posts, tweets, texts, even live broadcasts and more,” the company said Thursday (http://xrl.us/bnmwnb). Verizon’s Florida efforts include new cell sites, installation of cellular base stations at convention venues, repositioning antennas, the acquisition of cells on wheels, cells on light trucks, and generators on trailers and “fine-tuning” its Tampa Bay processing center, it said. Sprint Nextel touted its own RNC telecom work Wednesday (CD Aug 23 p12). Verizon also alluded to looming bad weather in its release: “Reliance on Verizon’s network could be even higher if Tropical Storm Isaac or another storm hits the area."
California’s VoIP deregulation bill now advances to Gov. Jerry Brown’s desk. It’s been approved by both bodies of the Legislature and awaits action by Brown (D). The much-debated bill (CD Aug 10 p9) would prohibit the California Public Utilities Commission from regulating VoIP unless a state statute or federal law authorizes it to do so. SB-1161 received a 28-7 vote Wednesday in the California Senate, concurring with the Assembly amendments added to the bill with no discussion on the Senate floor. The Assembly approved the bill in mid-August with a 63-12 vote. It first cleared the Senate 30-6 in May.
TiVo’s upcoming Internet Protocol set-top box has been dubbed “TiVo Mini” and remains scheduled to ship to cable operators and retailers in the fall, the company said. TiVo mentioned the new brand for its IP set-top box in announcing an agreement with General Communications (GCI) to deploy its “whole home solution” that includes the four-tuner Premiere Q gateway DVR, TiVo Mini and TiVo Stream, a module that provides access to content across tablets and smartphones. The non-DVR Mini allows streaming from the main TiVo to other TVs within a house and uses Multimedia over Coax for home networking and multi-room applications. GCI, which will begin initial deployments late this year and spread TiVo across its network by early 2013, also will use the company’s software and service in conjunction with Pace’s XG1 multi-tuner gateway containing DOCSIS 3.0 and transcoding capabilities, TiVo said.
FCC commissioners have approved by a 3-2 vote an order that would effectively end the commission’s 13-year-old special access regime, halting further grants of pricing flexibility petitions pending the receipt of more data, agency officials said Wednesday. The order does not include a much-awaited mandatory data request, though the commission does commit to ask for additional data within 60 days. The order was expected to be released Wednesday after our deadline. Both commissioners Republican Robert McDowell and Ajit Pai, as expected, filed dissents, officials said. Stifel Nicolaus said in a research note a delay in approving additional pricing flexibility grants likely won’t prove material. “While we believe special-access reform creates some revenue overhang for the Bells … we do not believe the near-term suspension of the deregulatory mechanism will have much, if any, market impact, and we note it has been expected for some time,” the firm said. “Our understanding is there are no further telco petitions pending or in the works, after AT&T and Windstream recently gained deregulation in certain markets.” Stifel said the mandatory data request appears to be necessary “after voluntary data requests failed to generate sufficient information from Bell competitors to sort out marketplace complexities and conflicting industry arguments. The Bells/telcos say the special-access market is competitive and, if anything, should be further deregulated, while their critics … say the Bells have market power, extract inflated prices from competitors and businesses using their special-access circuits and services, and should be regulated more heavily.”
Tom Dougherty, 87, communications lawyer known for his long tenure with Metromedia, died Monday at home in Murrells Inlet, S.C. He began his legal career at Dow Lohnes, and from 1957 to 1961 was legal assistant to FCC Commissioner Robert E. Lee. Dougherty opened a Washington office in 1961 for Metromedia, where he was senior vice president and in charge of regulatory and government affairs for 26 years until the stations, now part of News Corp., were sold in a leveraged buyout he helped engineer. He’s survived by his wife, eight children and 12 grandchildren.