The Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule to amend its regulations at 7 CFR 319.56 on the importation of fruits and vegetables.

The USDA's Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective January 15, 2004, which amends its regulations at 7 CFR 319 on the importation of logs, lumber, and other unmanufactured wood articles into the U.S. to allow wood chips derived from temperate species of Eucalyptus (Eucalyptus) from South America to be treated with a surface pesticide prior to importation as an alternative to the existing treatments.

The Office of the U.S. Trade Representative (USTR) has issued a notice requesting comments by noon on February 13, 2004 regarding whether any foreign countries should be identified under Section 182 of the Trade Act of 1974 (Trade Act) (19 USC 2242), which is commonly referred to as the "Special 301" provisions of the Trade Act.

The FCC is back to Square One on certain applications for license transfers and amendments for commercial TV stations. It announced Thurs. that it was going back to its old forms -- those reflecting the old media ownership rules - - while the efficacy of the new rules was being decided in the courts. The FCC put a freeze on the filing of applications Sept. 5 after the 3rd U.S. Appeals Court, Philadelphia, stayed the agency’s new ownership rules (CD Sept 8 p9). Involved are Forms 301, 314 and 315. The old versions of the forms will be effective and available for use upon publication of the FCC’s public notice in the Federal Register. The temporary freeze will end when it’s published. The Media Bureau staff has resumed processing applications filed on the June 2002 versions of the forms. Applications filed on the July 2003 versions will have to be resubmitted on the old forms and requesters encouraged to do so expeditiously after the Federal Register publication.

XtremeSpectrum opposed an ultra-wideband (UWB) challenge at the FCC filed by Cingular, which urged the agency to reconsider its decision to allow unlicensed UWB operation under Part 15. Cingular had argued that the Commission’s UWB decision ran counter to Sec. 301 of the Communications Act, which bars wireless transmissions without a license and requires a license for all low-power transmission. Cingular said that meant the FCC couldn’t authorize UWB operations on an unlicensed basis. XtremeSpectrum contended Cingular’s petition for reconsideration should be rejected as repetitious because the Commission already had dismissed an earlier petition raising similar issues from Cingular and other challengers. Because a subsequent UWB order didn’t adopt the modifications Cingular sought in its initial challenge, XtremeSpectrum said the latest petition also should be dismissed: “Cingular cannot support a second reconsideration by criticizing the Commission’s denial of its first one.” XtremeSpectrum countered Cingular arguments that the FCC had ignored recommendations of its Technological Advisory Council and a legal argument that unlicensed operation such as UWB was beyond the agency’s statutory authority. Those points could have been raised earlier in the proceeding, XtremeSpectrum said. “The Commission should not allow Cingular to extend this proceeding by doling out its arguments through multiple reconsideration cycles,” it said. XtremeSpectrum sought dismissal of a Satellite Industry Assn. petition on similar grounds.

As expected, the FCC Fri. established a new freeze on the filing of applications for license transfers for commercial TV stations (CD Sept 5 p1). The freeze was effective immediately and will last until further notice. The freeze also applies to amendments that require the use of the forms in question -- Forms 301, 314 and 315. The FCC Media Bureau said it would issue a public notice “in the near future” providing further information on the filing of new applications as well as guidance on the processing of applications currently pending. It said applications proposing “pro forma” assignments and transfers (Form 316) for commercial, noncommercial and educational stations would continue to be processed normally.

Some mobile operators warned the FCC to take caution when considering additional spectrum for unlicensed technology as an underlay to licensed services. In comments on an FCC staff working paper on unlicensed spectrum, Cingular Wireless said the report and related proceedings “demonstrate a continuing focus on unlicensed devices, despite questionable authority to condone unlicensed operations and the significant risk of harm such devices pose as an underlay to licensed services.”

The FCC rejected a challenge by ARRL, the National Assn. for Amateur Radio, which sought review of a Commission order that allowed operation of unlicensed fixed, point-to-point transmitters at 24 GHz. The ARRL petition filed last year had sparked protests by Apple Computer, Cisco, Microsoft and T-Mobile USA, which argued the proposal would create a “bureaucratic nightmare” for the FCC by significantly altering the regulatory regime that had given rise to cordless phones and broadband wireless networks. ARRL contended that unlicensed point-to-point operation in that band at certain permissible power levels would create substantial interference potential to licensed amateur services. The agency disagreed and said it found the rest of the group’s petition “to be without merit.” The Commission affirmed its core technical finding that devices with field strengths up to the level outlined in the rules that met directional antenna requirements could operate under Part 15 rules at 24 GHz. “Devices operating within these requirements will not increase the interference potential to licensed amateur services in the band,” the FCC said. The use of a directional antenna would change the shape of the radiated field, but wouldn’t increase the total geographic area covered by the signals, it said. The order cited other proceedings that “find that a directional antenna requirement would ensure that the area over which harmful interference can occur is equivalent to what would be caused by a transmitter using an omnidirectional antenna operating at a lower output level.” The FCC said ARRL hadn’t offered new information on the interference potential. “Bare disagreement, absent new facts and arguments, is insufficient grounds for granting reconsideration,” the agency said. Because it didn’t agree with ARRL’s arguments on significant interference potential, the Commission said it didn’t have to address the statutory argument raised by ARRL on Sec. 301 of the Communications Act. The group had contended that Sec. 302(a) gave the FCC jurisdiction to limit the interference potential of radio frequency devices of all types at the manufacturing stage. If the agency can’t ascertain that unlicensed Part 15 devices that seek to operate in bands allocated to licensed radio services won’t cause harmful interference, those devices have to be licensed under Sec. 301, ARRL said. “The technical operating parameters adopted in the report and order are designed to ensure that the interference risk will not be increased to licensed amateur services and we affirm that the rules adopted in the report and order are reasonable for regulating the unlicensed operation that was authorized under Part 15 in this proceeding,” the order said.

Audiovox Senior Vp Patrick Lavelle told analysts in conference call Mon. that “we expect to close” on $40 million purchase of Recoton’s audio business today (Tues.). He said “things are moving along according to plan.” Audiovox agreed to buy Recoton’s audio business, which includes Acoustic Research, Advent and Jensen brands, out of bankruptcy, assuming $5 million in debt (CED June 4 p1). Acquisition was part of breakup of Recoton, which filed for bankruptcy in April (CED April 10 p1). It also sold its accessories business to Thomson, for $60 million.

Audiovox expects to close this month on $40 million purchase of Recoton’s audio business that includes Acoustic Research and Jensen brands, it said in quarterly report filed with SEC. Audiovox, which purchased Recoton’s audio business out of bankruptcy, also assumed $5 million in debt. Audiovox’s acquisition was part of break up of Recoton, which filed for bankruptcy in April. Recoton sold its accessories business to Thomson for about $60 million. Meanwhile, Audiovox reported 2nd- quarter net income fell to $2.1 million from $3.6 million year- ago despite gain in revenue to $301 million from $297.2 million. Gain in sales was spurred by mobile electronics, sales of which increased to $74.1 million from $57.8 million. Audiovox’s CE business posted increase in sales to $27.7 million from $19.1 million, while those from car sound systems fell to $9.9 million from $13.6 million. Wireless products, which includes cellular phones, posted decline in revenues to $185.1 million from $199.4 million year ago despite increase in average selling price to $161 from $135. Increase in selling price was driven by influx of color LCD-based cellular phones, Audiovox said. Unit sales dropped to 1.1 million from 1.4 million year-earlier. Overall, wireless products accounted for 61.6% of sales, down from 67.1% year-ago and were followed by mobile at 24.6%, up from 19.5%.