Treasury Department Foreign Investment Risk Review Modernization Act final regulations made several changes, without providing a further definition for “critical technologies” that industry had sought (see 1911210029). The regulations, effective Feb. 13, as expected (see 1909040029) expand authority of the Committee on Foreign Investment in the U.S. to review a broader range of foreign business dealings in the U.S. “Commenters recommended narrowing the definition and noted that the Department of Commerce, at the time of the proposed rule, had yet to define emerging and foundational technologies,” Treasury said Monday. “FIRRMA defines ‘critical technologies,’ and FIRRMA does not give the Treasury Department discretion to change this statutory definition through these regulations.” The agency won't define emerging and foundational technology, deferring to the Commerce Department. Commerce didn't comment Wednesday. Regulations got other changes based on public comments, Treasury says in Friday's Federal Register. Comments on a non-tech change are due Feb. 18. The Covington law firm outlined the changes.
Carriers worldwide created a forum to “accelerate the delivery of 5G and mobile-edge computing-enabled solutions,” Verizon said Wednesday: “The 5G Future Forum will collaborate to develop interoperable 5G specifications across key geographic regions, including the Americas, Asia-Pacific and Europe.” Founders are America Movil, KT, Rogers, Telstra, Verizon and Vodafone.
The European Parliament calling for a common charger for all smartphones, tablets and e-readers “undermines innovation, restricts competition and hurts consumers,” said Maria Chaplia, European affairs associate at the Consumer Choice Center, responding to a Tuesday resolution. In 2009, the European Commission began encouraging universal chargers. Saying “conformity is the greatest enemy of progress,” Chaplia cited varying preferences for devices “be it Apple, or Samsung, or Meizu, or Nokia.” New versions of products appear regularly as competition drives companies to continually improve products and offer more choice, she said. The EP shouldn’t decide which technology consumers use and “should embrace neutrality,” she said: Forcing companies to adopt a universal charger would inflict costs on device makers, leaving consumers to “foot the bill.” A 2014 directive sought a common charger. Voluntary agreements among industry players “have not yielded desired results,” said EU Monday: Old chargers generate more than 51,000 tons of e-waste annually.
Sharp Japan’s “prior pending applications” to trademark “NXT-GEN” as a name and logo for consumer TVs and monitors were "abandoned and no longer pose as a potential bar” to CTA’s attempt to register the “NEXTGEN TV” logo for ATSC 3.0 consumer goods, said an “examiner’s amendment” posted Tuesday at the Patent and Trademark Office. Sharp’s December 2018 applications got provisional PTO approval, but PTO declared them dead after Sharp let lapse the Jan. 4 deadline for filing the required statements of use that would have cleared the trademarks to final registration (see 2001080031). Sharp and CTA haven’t commented on whether they coordinated PTO activities to let the NEXTGEN TV logo application go forward.
The International Trade Commission voted to open a Tariff Act Section 337 investigation (337-TA-1190) into allegations Fitbit and Garmin fitness trackers infringe Philips patents (see 1912120031), said the agency Friday. Philips alleges the trackers, manufactured by Ingram Micro, Maintek Computer and Iventec Appliances in China, copy the patented designs of Philips’ GoSafe and HomeSafe motion biosensor and sleep diagnostics products. The ITC will consider a limited exclusion order and cease and desist orders banning import and sale of infringing merchandise. The claims "are without merit and a result of Philips’s failure to succeed in the wearables market," emailed a Fitbit representative Monday. "Fitbit plans to defend itself vigorously against all allegations made in the complaint." It’s Garmin's "long-standing policy not to comment on on-going litigation," a spokesperson emailed.
France’s digital services tax (see 1912030002) sets a “troubling precedent” because the DST “unnecessarily departs from progress towards stable, long lasting international income tax policies,” and “disproportionately impacts U.S.-headquartered companies.” So testified Sam Rizzo, Information Technology Industry Council director-policy, before an Office of the U.S. Trade Representative hearing Tuesday on Trade Act Section 301, per a transcript released Friday. The tech industry worries about “an accelerating trend toward the unilateral adoption of DSTs” in other countries, said Rizzo. U.S. “policy responses” need to be “about more” than the French DST, he said. “It is about preventing the wide-scale application of targeted, unilateral taxes.” USTR proposed retaliatory tariffs of up to 100 percent on some French non-tech imports.
A California tech company falsely claimed participation in the EU-U.S. Privacy Shield, the FTC said Thursday in a 5-0 settlement. Medable is prohibited from misrepresenting itself again. An attorney for the company didn’t comment.
The PowerPic wireless-charging picture frame for mobile phones imported from China under the 8504.40.85.00 subheading was one of 68 exclusions the Office of the U.S. Trade Representative granted from the List 3 Section 301 tariffs, said Monday’s Federal Register. The exclusions are retroactive to Sept. 24, 2018, when the tariffs took effect at 10 percent before being raised to 25 percent months later. “After a great deal of time, effort and expense by our small company, we are 100% convinced that there are no manufacturers anywhere in the world but in China which can produce our products at prices and in quantities needed to allow us to succeed in selling to consumers,” said importer Twelve South in its PowerPic exclusion request.
ITU adopted ATSC 3.0 as an international recommended DTV standard, said Sinclair Thursday. The U.S. delegation starting in April pushed for that, the release said. The next step toward implementation involves updating “the ITU-sanctioned Digital Handbook” instructions for moving to 3.0, the broadcaster said. Sinclair Vice President-Spectrum Engineering and Policy Louis Libin chairs the ITU Rapporteur Group assigned to modify the Digital Handbook. “With initial U.S. deployments in place, we’re anticipating the first announcements of consumer receivers for the U.S. market in the coming days" at CES, said ATSC Board Chairman Lynn Claudy, NAB senior vice president-technology. "The decision by the ITU is yet another signal that digital terrestrial broadcasting has a bright future ahead,”
The China Ministry of Commerce doesn't like provisions in the 2020 National Defense Authorization Act that target Huawei and ZTE. The law bars the Trump administration from lifting the Commerce Department Bureau of Industry and Security's addition of Chinese telecom equipment manufacturer Huawei to its export entity blacklist without congressional approval (see 19121700590). The law also requires reports to Congress on waivers issued to companies doing business with Huawei, and ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE. “We have noticed that the U.S. National Defense Authorization Act for FY 2020 has been signed into law, which contains a number of unfavorable provisions for Chinese companies,” a ministry spokesperson said during a Thursday news conference, according to an unofficial translation. “China is firmly opposed to this,” he said. Specifically, “the Chinese side believes that the provisions of the act on restricting the purchase of Chinese products and tightening export control sanctions against Chinese enterprises are a bad example of state intervention in the normal business activities of enterprises, which is in stark contrast to the fairness, equality, and free trade promoted by the United States,” the spokesperson said. China plans to “pay close attention to the impact on the Chinese enterprises during the implementation of the 'Bill' and take all necessary measures to protect the legitimate rights and interests of Chinese enterprises,” he said. President Donald Trump signed the NDAA Dec. 20.