U.S. Copyright Office received no shortage of suggestions on what sort of content and activities should be exempted from Digital Millennium Copyright Act (DMCA), although it was unclear what number -- if any -- would be adopted. Copyright Office is beginning its 2nd triennial review of DMCA as mandated by that law, and on Dec. 18 concluded its first round of review comments. Some commentators sought to narrow exemptions, while others sought sweeping rewrites.
Regulations ranging from Telecom Act competition rules to auction bidding processes were cited by White House Thurs. as potential impediments to economic growth. In Office of Management and Budget (OMB) annual report to Congress on “costs and benefits of regulations,” independent agencies such as FCC for first time were included.
FCC probably won’t act on performance measurements in combination with action on Triennial UNE Review or wireline broadband proceeding, as ALTS had hoped (CD Nov 27 p6), ALTS officials said Tues. in news briefing. ALTS Gen. Counsel Jonathan Askin said he was told staff pressures caused agency to change priorities and push performance measurement issue further back. Performance measurements, also known as metrics, would add key element of enforcement to other 2 proceedings, offering “the other piece of the puzzle,” Askin said. Proposal called for FCC to set standards and then devise system for measuring how well Bells met them. “We now understand that performance metrics may not be resolved for several months after [other 2 proceedings] are resolved,” Askin said. ALTS Pres. John Windhausen said: “We think the FCC put the priorities opposite of what they should be.” He said Commission should make sure enforcement requirements were in place before it deregulated Bells. On other issues: (1) BroadNet Alliance Exec. Dir. Maura Colleton said that if FCC eliminated application of Computer 2 and 3 rules in wireline broadband proceeding, thousands of small ISPs could be hurt. She criticized Bells for arguing that deregulation was needed to stimulate broadband deployment: “There is no broadband shortage. To sacrifice small businesses, which is what ISPs are, for some perceived problem is disastrous policy.” (2) Windhausen, asked for his views on Comr. Martin’s recent comments on upcoming regulatory issues, said ALTS was “surprised” that Martin had “endorsed” so-called “new wires, new rules” proposal by Verizon Vp Thomas Tauke, which Windhausen said was foundation of such deregulatory actions as last year’s Tauzin-Dingell bill in House. He said ALTS wanted “to have more conversations” with Martin on that issue because he didn’t think “new wires” proposal would promote competition. Martin “said he wanted to stimulate dialog and invited us to come in and talk” so ALTS had meeting set up, Windhausen said. Covad Asst. Gen. Counsel Jason Oxman said Covad wasn’t necessarily opposed to Martin’s call for shortening depreciation periods for some new technologies as part of TELRIC pricing formula. He said Covad would strongly oppose ending TELRIC but “if the discussion is about how much we pay, that’s one we're willing to engage in.” Oxman also made novel suggestion that, considering every Bell company was facing drops in access lines, Bells ought to sell those unused facilities to wholesale customers, meaning CLECs. (3) ALTS’ Askin predicted FCC would clarify rules for enhanced extended links (EELs) as part of UNE order while Oxman said he expected agency to retain line-sharing rules once it responded to questions posed by U.S. Appeals Court, D.C., in May 24 remand. Windhausen said he expected UNE order to be hotly contested in court for long period because it was expected to include so many issues such as EELs, transport, Computer 2-3 rules. Different groups of commissioners probably will line up on different issues and it will be “messy,” Windhausen predicted. Some of it will land back in Congress as both Bells and CLECs go to Hill to change parts of order they feel weren’t handled correctly, he said.
Federal govt. must be more vigorous in deploying additional wireless technology to effectively support homeland defense efforts, White House official said Tues. at E-Gov Homeland Security 2002 conference in Washington. Although several public safety-related initiatives are underway to deploy secure, interoperable wireless- infrastructure, Dept. of Justice (DoJ) “is making a strong argument for a more coherent strategy” to acquire and distribute such equipment, said Office of Homeland Security Infostructure Dir. Lee Holcomb in morning keynote. New Dept. of Homeland Security (DHS) will play key role in coordinating such wireless deployment programs in conjunction with DoJ and Treasury Dept., he said.
Nintendo of America (NOA) shipped E-rated Kirby: Nightmare in Dream Land for Game Boy Advance at $34.95. NOA said: “More than 20 million Kirby games have sold worldwide. Nintendo is spending more than $10 million over the next 2 years to support Kirby… through licensed products, cartoons and videogames.”
Incoming Senate Communications Subcommittee Chmn. Burns (R-Mont.) is considering “hybrid” approach to spectrum auctions that which would require participants to prove effectiveness of their business models before they could enter process, aide said Tues. in audioconference sponsored by Communications Daily’s parent Warren Communications News. Mike Rawson, Burns’ senior policy adviser, likened senator’s tentative approach to way that public lands were allocated in 1800s.
Dept. of Justice (DoJ) and Treasury Dept. are in planning stages of deploying nationwide land mobile radio (LMR) network for use by federal entities, including newly formed Dept. of Homeland Security. Implementation of LMR Integrated Wireless Network (IWN) project will be conducted via joint program office that was created recently by DoJ and Treasury. IRS National Procurement Office, which houses existing federal LMR Subscriber Unit, said govt. “intends to formulate its procurement strategy for the long-term deployment of the IWN in 18-24 months.”
After 3 weeks of public confusion and puzzlement, Tokyo- based DVD Forum finally issued statement Nov. 27 on status of next-generation HD discs that use blue laser technology. Contrary to widespread understanding that began with Nov. 7 Nikkei report (CED Nov 8 p2) saying DVD Forum had chosen Advanced Optical Disc (AOD) proposal from Toshiba and NEC over rival Blu- ray format as standard, DVD Forum now says it has made no choice of format.
TDK Mediactive shipped PlayStation game The Land Before Time: Big Water Adventure at $9.99. Title is based on straight- to-video movie The Land Before Time: Journey to Big Water from Universal Home Entertainment, to be released Dec. 10. Game was developed by CE Digital Illusions Canada. TDKM Mktg. Vp Stefan Serwe said release afforded “an attractive opportunity to provide this evergreen videogame brand at a value price point in time for the holidays and the new made-for-video release.”
Wildblue Communications told FCC there should be “a strong presumption in favor of granting” landing rights in U.S. to Telesat Canada. If rights are granted, U.S. consumers could receive 2-way broadband data services from Telesat’s Anik F2 satellite, company wrote agency. Commission’s Disco II policies apply, but ECO-Sat test doesn’t, it said. Letter said FCC should consider Canada’s recent authorization for Hughes to become Ka-band satellite services provider for more than 80% of Canada’s population. “Market reciprocity is deemed relevant to this proceeding,” it said.