The reverse portion of the incentive auction is seen as going well for participating broadcasters, according to what information can be gleaned from them, attorneys and analysts laboring under the strictures of FCC anti-collusion rules. The Incentive Auction Task Force (IATF) won't comment on the status of the auction and no broadcaster is likely to know how things are going beyond its own auction assets. Anecdotal information we gathered from broadcast industry officials shows a common trend of stations freezing at higher prices than expected, and a tone of general satisfaction about how the auction is proceeding.
The Patent and Trademark Office has acted to help inventors and entrepreneurs, including those who merge fashion with technology within the wearable industry, said PTO Chief of Staff Vikrum Aiyer at a Fashion Innovation Alliance event Wednesday evening. Other speakers included Reps. Anna Eshoo, D-Calif., and Suzan DelBene, D-Wash. Aiyer said PTO created a multilateral forum with other countries to specifically focus on design patents and keep pace with new inventions, implemented a new fast-track program to get patent applications fully resolved within 12 months and is developing an intellectual property assessment tool to help people better understand their strategy. He said the Department of Commerce, DOD and the White House launched a national research and development hub for "advanced textiles and revolutionary fabrics" in April. He said such wearables are "going to be quite game changing for our entire economy." Fashion Innovation Alliance CEO Kenya Wiley said the social and economic value of fashion tech is "increasing rapidly. By the end of 2019, the wearables market will be worth $25 billion." She said companies and entrepreneurs need strong intellectual property protections and policies to guard their brands and protect their inventions. DelBene said that "there's incredible opportunity [in the IoT industry] as we think about devices that can provide us with important information, are connected, but also can look good and are stylish and really make a statement."
The Supreme Court unanimously ruled Thursday in favor of Thai citizen Supap Kirtsaeng in its review of Kirtsaeng v. John Wiley & Sons, remanding Kirtsaeng's copyright fee-shifting case to the U.S. District Court in New York. Kirtsaeng sought Supreme Court review of the 2nd Circuit Court of Appeals' 2015 ruling that he wasn't entitled to receive attorney’s fees from textbook company Wiley after winning a 2013 Supreme Court case that extended the scope of the first-sale doctrine (see 1601190071). The Supreme Court ruled in 2013 that Kirtsaeng's resale and import of textbooks to the U.S. was covered by the doctrine (see report in the March 20, 2013, issue).
Mintz Levin promotes Mo Cowan to president-CEO ML Strategies, succeeding Stephen Tocco, named chairman ... Fletcher Heald hires intellectual property expert Karyn Ablin, ex-Wiley Rein, as member ... Crown Media Executive Vice President-Business Affairs & General Counsel Charlie Stanford retires, succeeded by Deanne Stedem, joining from parent company Hallmark Cards, and Mark Kern, ex-Hub TV Network, rejoins Crown Media as senior vice president-corporate communications & media relations, new position ... Pennsylvania Public Utility Commission promotes Daniel Mumford to permanent director-Office of Competitive Market Oversight; Megan Good becomes deputy director.
NTIA strongly backed ICANN's Internet Assigned Numbers Authority (IANA) transition-related plans Thursday, saying in a report sent to ICANN and Congress the plans meet NTIA's 2014 criteria for an acceptable spinoff of the agency's oversight of the IANA functions. NTIA had been reviewing ICANN's transition plan and a related set of changes to ICANN's accountability mechanisms since mid-March (see 1603100070 and 1603110075). NTIA's endorsement of the transition plans starts a period of heightened congressional scrutiny of the plans that has increasingly centered on whether to allow the transition to proceed -- a debate that has the potential to become more partisan, industry lobbyists said in interviews.
Some industry observers question whether the NTIA’s request for comments on government policies to promote IoT is likely to have much effect on policy. Early filings made available by commenters largely track arguments that have been made many times in other forums (see 1606030045). Many of the commenters advised the NTIA the best course is for the government to avoid additional regulation. NTIA posted comments late Monday.
One big question that has emerged in light of filings on the FCC ISP privacy NPRM is to what extent the agency may incorporate FTC suggestions (see 1605270057) into its final rules. Industry observers say they expect the FCC to feel some pressure to modify its rules to harmonize them with those of the FTC, though maybe not enough to change course (see 1605270022).
The U.S. is the “epicenter of wireless innovation and competition” and the FCC should find that the industry is effectively competitive, CTIA said in comments as the agency prepares its annual report on the state of competition in mobile wireless. Every Obama administration FCC has made the same finding of a lack of competition in the U.S. market (see 1512300048). The past two years, the Wireless Bureau issued the report on delegated authority without a vote of the commissioners. Industry observers said Wednesday this final report of the Obama administration is likely to draw the same conclusion. Comments were filed in docket 16-137.
With comments due Friday on the FCC ISP privacy NPRM, rules are expected to track very closely what was proposed by Chairman Tom Wheeler and approved by a sharply divided commission March 31 (see 1603310049), many stakeholders said in interviews last week. The big wild card is that because Wheeler likely will need full support of both Democrats, Jessica Rosenworcel and Mignon Clyburn, the rules may have to be tweaked to get both on board, they said. Comments were still rolling in at the FCC (see 1605270033)
Debate during a Senate Commerce Committee hearing Tuesday on the Internet Assigned Numbers Authority (IANA) transition centered on the perceived merits and consequences of proposed delays of the transition, as expected (see 1605230059). Several committee Republicans expressed interest in seeking the delay via an extension of NTIA's current contract with ICANN to administer the IANA functions, but their interest didn't appear to be strong enough to signal actual momentum in favor of a delay, stakeholders said in interviews. The IANA transition faced other roadblocks on Capitol Hill Tuesday, including the House Appropriations Committee's retention of a rider in its proposed FY 2017 Department of Commerce budget that would extend an existing ban on NTIA's use of funds on the IANA transition. House Appropriations cleared the Commerce budget on a voice vote Tuesday with the IANA transition rider intact.