A DOJ report on ways to update the Administrative Procedure Act includes proposals to require agencies to disclose the data used in the rulemaking process, revive agency hearings for rules with major impacts, and to base the amount of scrutiny a new rule is subjected to on its importance. "Modernizing the Administrative Procedures Act," released Tuesday, collected the remarks of panelists and speakers at DOJ's December workshop on the subject. The current APA leads to overly costly and burdensome regulations that may at times infringe on the Constitution, said Deputy Attorney General Jeffrey Rosen in the report’s forward. The consistent theme of the workshop was that Congress should intervene to update the rules instead of relying on the current structure of executive orders and agency rulings, Rosen said. Legislation would “promote stability by codifying procedures that, in their current form, can be undone at the stroke of a presidential pen” and “honor the separation of powers.” said Rosen. “The Justice Department, which significantly shaped the original APA, hopes that the ideas and insights discussed in the report will encourage and inform much needed action by Congress to modernize the APA,” said the DOJ release on the report.
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The 9th U.S. Circuit Court of Appeals sided with Qualcomm Tuesday in an FTC antitrust lawsuit against the company. In the minutes after the ruling, Qualcomm's stock rose, closing 2.3% higher at $108.83. The FTC is reviewing its options.
Arnold & Porter adds from Banner Witcoff Christopher Renk and Michael Harris as partners and Helen Minsker as senior counsel, all in Intellectual Property practice and working on issues including tech ... Semiconductor Research Corp. board names its Joint University Microelectronics Program Executive Director Todd Younkin, ex-Intel, as president-CEO, SRC, succeeding Ken Hansen ... Flex hires Paul Lundstrom, ex-Aerojet Rocketdyne, as chief financial officer, succeeding Chris Collier, resigning for personal reasons and staying on as employee and a senior adviser to CEO Revathi Advaithi, Sept. 1-March 31.
Challengers to SpaceX's ask to move 2,824 broadband satellites to a lower orbit (see 2004200003) told the FCC International Bureau the company hasn't resolved concerns. OneWeb said in a reply posting Friday SpaceX hasn't shown its system won't cause uplink interference to OneWeb Ka-band operations, and any OK of SpaceX's license modification should include limits on what kind of interference protection SpaceX can claim for its gateway earth stations. Kuiper said SpaceX hasn't tackled the safety concerns stemming from the orbital overlap between large non-geostationary orbit (NGSO) constellations. It said the proposed changes create a new operating environment, meaning the redesign should be considered as part of the 2020 processing round. SES/O3b said "the radical changes" should be treated as newly filed. It said SpaceX also apparently moved from its original plan to use phased array antennas to communicate with its Ka-band gateway earths stations, and if it hasn't disclosed this material fact, that "reflect[s] on the truth and accuracy of SpaceX's statements." Dish Network said SpaceX hasn't provided an equivalent power flux density (EPFD) analysis to show its 12 GHz band NGSO fixed satellite service operations won't interfere with standard DBS reference antennas. DirecTV parent AT&T said the FCC should make SpaceX show compliance with globally recognized EPFD limits before it starts operations and impose appropriate license conditions to ensure continuing compliance with DBS interference protection requirements. Noting opposition came from many, Kepler said the modification is introducing "a plethora of problems to the physical and frequency interference environments" and approval must be conditioned on protecting existing operators in close physical proximity. SpaceX says much opposition was from "competitors whose deployment lags behind that of SpaceX," and they "raise no genuine issues of space safety or interference concerns, but rather rely on competitive gamesmanship."
The FCC approved eliminating rules restricting same-market, commonly owned radio stations from airing duplicate programming, 3-2 Thursday. It eliminated restrictions for both bands, as expected (see 2008040063). The draft applied only to AM.
ViacomCBS plans to launch a streaming service internationally in early 2021, with a focus first on Australia, Latin America and the Nordic countries, it said Thursday. It said programming on the subscription VOD service will include some Showtime series, CBS All Access originals, Paramount movies, content from such networks as MTV and Comedy Central, and originals from ViacomCBS International Studios. It said that rollout parallels the ongoing expansion outside the U.S. of distribution of its Pluto TV free streaming service.
All Foreign Intelligence Surveillance Act applications in question in a March inspector general report “contained sufficient basis for probable cause,” DOJ said Monday, defending the agency’s surveillance practices (see 2003310068). The FBI and the DOJ National Security Division took “more than 40 corrective actions.” The IG uncovered widespread FBI wiretapping application flaws in the March report, with specific issues for the FBI’s Woods files. Woods procedures require DOJ officials verify that information submitted to the FISA court matches FBI investigatory data. Justice reviewed the 29 FISA applications and “uncovered only two material errors, neither of which invalidated the authorizations granted by the FISA Court,” Assistant Attorney General John Demers said: That included “one material misstatement and one material omission.” The FBI compiled Woods files for the four applications where an original file was missing, “and the FBI was able in many instances to locate documentation to support a factual assertion,” Demers said.
The draft order on relaxing radio non-duplication rules will be expanded to apply to FM and AM stations, and draft items on broadcast antenna siting and telephone relay service rules are expected to be approved before Thursday’s commissioners' meeting, FCC and industry officials said in interviews this week. FCC Democrats are seen likely to oppose the expanded radio item, agency officials said.
The law is clear the FCC can't make changes in a proposal for further changes to wireless infrastructure rules for collocations in an NPRM approved 3-2 in June (see 2006090060), said local and state governments. Industry urged moving forward. Replies were posted Tuesday in docket 19-250 (see 2007230070). “The record does not support” this interpretation of Section 6409(a) of the 2012 Spectrum Act, said NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships. “Comments supportive of this proposal fail to address the clear statutory limitations,” they said: “The programmatic agreements on historic preservation and environmental review are not related to Section 6409(a), and the desire for ‘consistency’ between these agreements and the Section 6409(a) rules cannot override the statutory limits.” If the commission adopts the proposed compound expansion rule, “Western Communities Coalition favors measuring the existing site only from the original site boundaries,” the coalition said: “This approach would be more consistent with both the statute and existing regulations, while also avoid penalizing local governments that have previously approved site expansions in their discretion.” Industry called for action. “By classifying site expansions of up to 30 feet as non-substantial, the Commission will streamline upgrades to existing sites, and advance its longstanding policy to promote more intensive use of existing infrastructure, which can reduce the need for new construction,” CTIA said. “The Commission has ample authority to adopt these clarifications to its rules implementing Section 6409,” the Wireless Infrastructure Association said: “Doing so will promote collocations, provide greater clarity, reduce costs and timelines for deployments, and promote the usage of the equipment necessary for 5G deployments and public safety operations.”
This year's virtual Display Week drew about 200 paid exhibitors, on par with Display Week’s usual draw as a physical event, said Sri Peruvemba, marketing chair for the Society for Information Display, which owns the conference. “SID, pretty much like any organization that has a physical event, relies on that physical event for most of its funding,” Peruvemba told a media briefing Monday via Zoom. “It has been a tremendous challenge this year.” The conference originally was planned as a physical event in June in San Francisco before being moved to August as a physical show in San Jose. Most of the online conference sessions were prerecorded (see 2008030052), but a few have live Q&A, said Peruvemba.