The FCC voted unanimously to approve an order letting Dish Network build out a terrestrial network with mobile satellite services spectrum, while the agency keeps the adjacent H block of spectrum protected for auction next year. The vote as expected (CD Dec 12 p15) on the AWS-4 spectrum rules, and the approval of a notice of proposed rulemaking to open up a proceeding for the H-block auction, came Tuesday night. That was ahead of the commission’s meeting Wednesday, where the order and NPRM were scheduled to have been voted on. It was unclear how the H block that Sprint Nextel hopes to bid on was protected, and before the vote it was expected that Dish would be required to keep its out-of-band emissions limits more stringent than the DBS company wants (CD Dec 7 p4).

The FCC approved a further notice of proposed rulemaking asking a battery of questions about how the commission can best make sure that all wireless subscribers will one day be able to send emergency text messages to 911 public safety answering points. But Commissioner Robert McDowell warned that even with the agency’s actions on text-to-911, widespread ability to send emergency text messages to 911 call centers could be many years way. Last week, FCC Chairman Julius Genachowski announced that the four major carriers, public safety groups and the FCC had agreed to put in place by June 30 a mechanism for sending bounce back notifications to subscribers when text-to-911 is unavailable in their area, telling them they should instead call 911 (CD Dec 10 p1). Verizon Wireless, AT&T, Sprint Nextel and T-Mobile also agreed to make their networks capable of transmitting texts to 911 call centers by May 15, 2014.

Partisan strife flared in a House Communications Subcommittee hearing Wednesday over the FCC framework for the spectrum incentive auction. Republican lawmakers and FCC commissioners sparred with Democrats over how the government should acquire and reallocate some of the nation’s most valuable airwaves. Partisan differences over how much spectrum should be preserved to protect licensed spectrum and be used for lower-power unlicensed activities played out in recent days in commissioners’ prepared testimony (CD Dec 12 p7). Democrats separately expressed disapproval of a draft order that would relax media cross-ownership rules (CD Dec 12 p5), which they said would have a negative impact on media diversity and localism.

In what many observers view as a sleeper order with important long-term implications, the FCC Wednesday approved launching a rulemaking aimed at opening the 3550-3650 MHz band for shared use and use by small cells. The spectrum is now set aside for high-powered military radar and fixed satellite service earth stations and satellites. The NPRM proposes that the band be reallocated under a three-tiered “Citizens Broadband Service” under Part 95 of the commission’s rules.

The unexpected announcement by Sen. Jim DeMint, R-S.C., that he’s leaving the Senate has advocates of new pay-TV legislation searching for a new senator to take up their cause. DeMint, who might have risen to ranking member on the Senate Commerce Committee and been in a strong position to shepherd a new version of his S-2008, the Next Generation TV Marketplace Act, is set to run the Heritage Foundation (CD Dec 7 p1). So far, no senator has stepped up to revive the issue, but a Republican aide to the Commerce Committee said Tuesday that there has been some interest from members to reintroduce the bill in the next Congress.

Other copyright industries have expressed interest in being included in the Copyright Alert System, though CAS will only focus on film and music peer-to-peer piracy for now, industry officials told us. CAS includes MPAA, RIAA, Independent Film & Television Alliance and American Association of Independent Music, along with AT&T, Verizon, Comcast, Cablevision and Time Warner Cable on the ISP side. ISPs participating in CAS, the rollout of which was delayed until early 2013 (CD Nov 29 p15), will send broadband subscribers warning notices when they download pirated content.

The FirstNet board wants to find a way to incorporate into the national first responders’ network the work that has been done so far by local and state government entities that have already invested in putting together local networks, board Chairman Sam Ginn said Tuesday at the start of the second meeting of directors. The board, created in August, has yet to appoint a general manager, but board member Craig Farrill has agreed to fill that role until one is named, Ginn said.

DUBAI, United Arab Emirates -- World Conference on International Telecommunications Chair Mohamed Al Ghanim presented a draft of future International Telecommunication Regulations (ITRs), saying “we have a breakthrough.” But Internet operators and the Internet Society immediately said they had major concerns about the text.

Kaleidescape, Hollywood’s legal scapegoat for the digital content age, has emerged as a digital download trailblazer with the announcement Monday of the Kaleidescape Store. The purchase and download website is stocked at the onset with roughly 3,000 films and 8,000 TV episodes from Warner Bros. Digital Distribution. After years of ongoing legal wrangling with the DVD CCA over the Content Scramble System used in DVDs, Kaleidescape appears to have rebounded comfortably with a Hollywood-sanctioned method for delivering bit-for-bit video downloads to Kaleidescape servers.

Charter defended its request for a waiver from FCC CableCARD requirements (CD Nov 5 p5), saying critics have misunderstood Charter’s proposal and raised arguments the commission has repeatedly rejected in similar proceedings. Meanwhile, in reply comments filed this week, the AllVid Tech Company Alliance lodged its disapproval of Charter’s request with the commission. And Beyond Broadband Technology, a company that sells downloadable security systems to cable operators, supported Charter’s request and submitted an update on the status of downloadable security in the industry aimed at clarifying “misconceptions” about the technology.