Unprecedented international cooperation against copyright piracy resulted in what Attorney Gen. John Ashcroft called biggest bust of pirated software to date, announcing Tues. that federal law enforcement officials had executed more than 100 search warrants worldwide in 3 separate actions.

Hackers and free speech advocates took it on chin when courts in 2 decisions Wed. upheld constitutionality of Digital Millennium Copyright Act (DMCA), whose anticircumvention provision for copy protection had been challenged on ground it infringed on free speech. Meanwhile, Electronic Frontier Foundation petitioned Cal. Superior Court to throw out case against man who published DeCSS descrambling program for DVDs because already widely distributed code couldn’t be considered trade secret.

Satellite Bcstg. & Communications Assn. (SBCA) filed motion Nov. 13 with 4th U.S. Appeals Court, Richmond, Va., for delay in start of FCC must-carry requirements because of pending litigation involving constitutionality of law. SBCA said issue probably wouldn’t be decided before Jan. 1 deadline for implementation of requirements. Appeal said if must-carry requirements took effect before case was resolved, it would violate First Amendment rights of satellite carriers. “The recognition that time is short and that much is at stake was the basis for the satellite carriers’ opposition to a U.S. motion to hold in abeyance the petitions for review,” Assn. said. Constitutional issues at stake could go to Supreme Court, SBCA said. It said it didn’t seek relief from District Court because it would be “impracticable” and “time is of the essence.”

At occasionally emotionally charged meeting of Public Safety National Coordination Committee (NCC) in Brooklyn Fri., public safety officials, including several who themselves had responded to attacks on World Trade Center and Pentagon, laid out for policymakers critical spectrum needs in wake of Sept. 11. At top of many lists was clearing analog TV incumbents from 700 MHz to make way for public safety users to operate in 24 MHz that FCC has set aside from them in that band. In first days following N.Y. attack, TV stations went off air after their equipment on top of World Trade Center was destroyed, said Peter Meade, chief of Nassau County, N.Y., Fire Dept. “I didn’t hear anybody saying, ‘I need Channel 2 back,'” Meade said. “But there are literally millions of people in the New York metropolitan area who cannot live and who will not live without an augmentation to the existing public safety communications channels. So television be damned.” Other key issues that surfaced repeatedly in day-long meeting included need for better interoperability between jurisdictions, for redundant wireless data network that could function during disasters and for more govt. funding. Several new proposals were put on table as well, including one by Nextel that was receiving kudos from public safety community and would relocate users in 700 MHz and 800 MHz bands for more efficient operations.

FCC adopted new procedures Thurs. aimed at streamlining review of undersea cable landing applications and eliminating “regulatory red tape.” New procedures are expected to decrease costs to consumers because international telephone companies will face faster, less burdensome approvals. International Bureau said it improved process in several ways: (1) Applicants with no affiliation with carrier that had market power in any of cable’s destination points were eligible for streamlining. In addition, applicant affiliated with market power carrier in World Trade Organization destination market would be eligible if it accepted competitive safeguards. Safeguards include such things as filing quarterly provisioning and maintenance reports. Eligible applications will be acted upon in 45 days. (2) Entities with less than 5% interest in cable don’t have to be licensed, thus eliminating regulatory burden for smaller carriers, Bureau officials said. (3) FCC, to speed licensing, will grant applications by public notice instead of written order in most cases. AT&T said new processes would eliminate regulatory delay and cost and replace “ad hoc, lengthy review” of license applications. “The regulatory certainty and reduced costs… should attract increased cable entry and competition, thereby reducing [customer] prices, improving quality, expanding services and enhancing the ability of U.S. carriers to compete globally.”

FCC Wireless Bureau dismissed in part and denied in part emergency petition for clarification, filed by trade group Wireless Communications Assn. (WCA) Sept. 28 that followed issuance of 39 GHz band licenses to winning bidders. WCA had requested: (1) Correction to indicate buildout deadline was 10 years from date license was granted. (2) Addition of statement to each band authorization acquired by competitive bidding if incumbent held license for territory within 39 GHz auction winner’s service area. In that case, it said, band authorization should state expressly that incumbent licensee retained right to use channels within its self-defined rectangular service area. FCC dismissed request to correct buildout deadline as moot because original 18-month buildout requirement of at least one link had been removed and replaced by “substantial service” requirement at license renewal at the end of 10-year term. Bureau also denied WCA’s request to add express condition as unnecessary because service rules specifically required 39 GHz auction licensees to protect incumbents. Rules state “39 GHz band licenses may not cause interference to a previously existing station operating in another authorized service area.”

Cal. Supreme Court will be next setting for effort to corral DeCSS program that hacks DVD’s Content Scrambling System for copy prevention. DVD Copy Control Assn. (DVD CCA) said Fri. it would go to state’s top court to appeal Nov. 1 decision by Cal. appellate court to overturn trial court’s preliminary injunction that prohibited individuals from posting DeCSS code on their Web sites.

Last week’s terrorist attacks appear to have dimmed prospects, for now, of wireless industry’s obtaining quick decision on relocating military spectrum users for 3G wireless. While insiders continue to stress need for additional spectrum for advanced wireless services, several told us that if nothing else, logistics of defense agencies focusing on response to last week’s attacks meant that Pentagon policymakers attention was focused elsewhere. On other hand, several wireless industry officials said key role played by mobile communications in aftermath of attacks, including final calls from passengers on hijacked planes, underscored very publicly importance of adequate wireless coverage.

FCC got strong message from small telcos and some state PUCs Tues. in comments opposing agency’s idea of moving all intercarrier compensation to bill & keep regime. Although proposal is supported by large ILECs, rural and state interests expressed fear that it would harm universal service, threaten state independence, encourage more cream-skimming and raise consumer rates. FCC has been eying idea of making intercarrier charges more uniform for more than year and recently issued notice of proposed rulemaking (NPRM) asking for views. Plan would be to replace patchwork of compensation schemes -- such as reciprocal compensation and access charges -- with one form of payment, probably bill & keep. Bill & keep essentially means neither carrier pays other.

FCC electronic filing requirements and procedures once again are under attack by attorneys and engineers who are required to use Consolidated Database System (CDBS) for most of their filings on behalf of clients. Making matters worse, according one lawyer, is that “there’s a complete lack of communication” on electronic filings between bureaus. Such communication is “absolutely necessary” for system to work, lawyer said, because, for example, Wireless Bureau handles broadcast auxiliary applications while Mass Media handles all other TV-radio applications. Principal complaint of lawyers was that attachments to electronically filed documents weren’t properly put with applications they referred to until days, sometimes weeks, later. Electronic filing system was criticized year ago (CD July 5 p1/00), and recently was shut down for overhaul (CD June 15 p10).