In what many observers view as a sleeper order with important long-term implications, the FCC Wednesday approved launching a rulemaking aimed at opening the 3550-3650 MHz band for shared use and use by small cells. The spectrum is now set aside for high-powered military radar and fixed satellite service earth stations and satellites. The NPRM proposes that the band be reallocated under a three-tiered “Citizens Broadband Service” under Part 95 of the commission’s rules.

The unexpected announcement by Sen. Jim DeMint, R-S.C., that he’s leaving the Senate has advocates of new pay-TV legislation searching for a new senator to take up their cause. DeMint, who might have risen to ranking member on the Senate Commerce Committee and been in a strong position to shepherd a new version of his S-2008, the Next Generation TV Marketplace Act, is set to run the Heritage Foundation (CD Dec 7 p1). So far, no senator has stepped up to revive the issue, but a Republican aide to the Commerce Committee said Tuesday that there has been some interest from members to reintroduce the bill in the next Congress.

Other copyright industries have expressed interest in being included in the Copyright Alert System, though CAS will only focus on film and music peer-to-peer piracy for now, industry officials told us. CAS includes MPAA, RIAA, Independent Film & Television Alliance and American Association of Independent Music, along with AT&T, Verizon, Comcast, Cablevision and Time Warner Cable on the ISP side. ISPs participating in CAS, the rollout of which was delayed until early 2013 (CD Nov 29 p15), will send broadband subscribers warning notices when they download pirated content.

The FirstNet board wants to find a way to incorporate into the national first responders’ network the work that has been done so far by local and state government entities that have already invested in putting together local networks, board Chairman Sam Ginn said Tuesday at the start of the second meeting of directors. The board, created in August, has yet to appoint a general manager, but board member Craig Farrill has agreed to fill that role until one is named, Ginn said.

DUBAI, United Arab Emirates -- World Conference on International Telecommunications Chair Mohamed Al Ghanim presented a draft of future International Telecommunication Regulations (ITRs), saying “we have a breakthrough.” But Internet operators and the Internet Society immediately said they had major concerns about the text.

Kaleidescape, Hollywood’s legal scapegoat for the digital content age, has emerged as a digital download trailblazer with the announcement Monday of the Kaleidescape Store. The purchase and download website is stocked at the onset with roughly 3,000 films and 8,000 TV episodes from Warner Bros. Digital Distribution. After years of ongoing legal wrangling with the DVD CCA over the Content Scramble System used in DVDs, Kaleidescape appears to have rebounded comfortably with a Hollywood-sanctioned method for delivering bit-for-bit video downloads to Kaleidescape servers.

Charter defended its request for a waiver from FCC CableCARD requirements (CD Nov 5 p5), saying critics have misunderstood Charter’s proposal and raised arguments the commission has repeatedly rejected in similar proceedings. Meanwhile, in reply comments filed this week, the AllVid Tech Company Alliance lodged its disapproval of Charter’s request with the commission. And Beyond Broadband Technology, a company that sells downloadable security systems to cable operators, supported Charter’s request and submitted an update on the status of downloadable security in the industry aimed at clarifying “misconceptions” about the technology.

Republicans and Democrats on the House Communications Subcommittee are likely to spar Wednesday over two particular issues raised by an FCC September notice of proposed rulemaking (NPRM): the allocation of unlicensed spectrum and bidder eligibility requirements, according to planning memos. The subcommittee’s majority memo, published this week, said the FCC runs the risk of “short changing” first responders if the commission decides to give away much of the spectrum that is cleared in connection with the forthcoming broadcast incentive auctions. The memo also urged the commission against “picking winners and losers” by excluding parties from the auction. Subcommittee Democrats shot back Tuesday with a minority memo that said Republicans are seeking to “reopen issues that were resolved in the legislation.”

FCC staff working toward a redrafted quadrennial media ownership order to end the current review early next year are considering adding provisions that target some deregulation to aid diversity beyond the current draft, agency, industry and nonprofit officials said. They said career staffers appear to be giving attention to including provisions that industry and nonprofit backers say would help diversity without targeting only minorities. Targeting women and minorities can’t be done until research on barriers to entry is completed (CD Nov 19 p1). If staff finds provisions that are non-controversial inside and outside the agency, those adds could go in the new order to end the review due in 2010 under the Telecom Act, said officials observing the redrafting.

North American connected TV penetration is “going nowhere” at the moment, Paul Gray, DisplaySearch director of TV electronics research, told the TV of Tomorrow Show in New York Monday. Little is being done to drive penetration, aside from Black Friday promotions, he said.