The FCC should change procedures so citations aren't publicized until after the target has been interviewed by officials and given a chance to respond to the violations, said Commissioner Mike O’Rielly in a blog post Tuesday. “I am concerned that citations are being used as another tool to expand the FCC’s reach and thus its mission -- a maneuver that amounts to regulation by citation.” Since citations are often issued against companies that aren't usual FCC regulatees and therefore not as familiar with FCC rules, the commission shouldn't “break new legal ground” in them, as was done in recent citations against First National Bank and Lyft (see 1509110060), O’Rielly said. “When a new legal argument is put forth in a citation, it is even less likely that a non-regulatee would be able to foresee that its conduct would violate the Act.” Companies without regular FCC counsel may not realize that such a citation isn't part of settled law, and are therefore less likely to challenge questionable ones, O’Rielly said. If such citations go unchallenged, they end up being precedent for future citations, he said: “Hence, the reality of regulation by citation.” The FCC should instead address conduct it believes should be unlawful though rulemakings, O’Rielly said. “A simple rule change can be effectuated in a reasonable amount of time while providing fair notice and an opportunity to comment.” The agency had no immediate comment.

The Copyright Royalty Board published notices in Tuesday’s Federal Register for three new proceedings to set royalty rates for 2018-2022, as expected (see 1601040069). One of the proceedings will set royalties for public digital performances of sound recordings via satellite radio and “preexisting subscription services.” The other proceedings deal with mechanical royalties and royalties for public performances of musical compositions by NPR, PBS affiliates and other noncommercial broadcasters. Petitions to participate in all three proceedings are due Feb. 4.

NAB Labs invested in Baltimore-based data startup Yet Analytics, NAB said in a news release Monday. “Yet Analytics provides cutting-edge platforms for the multi-source collection and analysis of human and machine performance data within Fortune 500 companies and other large organizations.” The company uses open source tech that was originally developed by the Department of Defense, said NAB. “The data collection and analysis tools that Yet Analytics has developed offer a range of applications that could provide solutions for broadcasters," said NAB Chief Technology Officer Sam Matheny.

Startup companies exhibiting in the Eureka Park Marketplace at CES have been funded to date at more than $1 billion collectively, said the Consumer Technology Association. More than 1,100 startups have exhibited in Eureka Park since its inception in 2012, CTA said. One hundred of the companies have been funded at $1 million or more. Some 500 companies from 29 countries will exhibit in Eureka Park at CES 2016, up from 375 last year, it said.

Sen. Marco Rubio, R-Fla., touted a presidential endorsement from Consumer Technology Association President Gary Shapiro, mentioning the backing in an update on his campaign website Tuesday. Rubio is seeking the GOP nomination for president. Shapiro is “probably a good guy to listen to about who understands how the American economy is changing,” said the Rubio campaign, citing CES, produced annually by CTA. “And guess what? Gary thinks the best candidate in the Presidential field is ... Marco.” The campaign shared the Medium blog post from Shapiro this month outlining his support. Shapiro said he backs Rubio because the Florida Republican “stands up for free-market innovation in a manner that resonates” and he “continues to champion policies that will unleash America’s potential,” including support for high-skilled immigration reform, stopping “patent trolls” and building “the fixed- and mobile-broadband infrastructure on which American consumers and businesses depend.” Shapiro, who has described himself as an independent, endorsed GOP nominee Mitt Romney in the 2012 race won by President Barack Obama (see 1211080036). Rubio’s campaign website showcases in a special section his views on Internet policy. His positions include repealing “President Obama’s Net Neutrality takeover of the Internet, which will hamper innovation and raise costs for Internet users” and building “off unanimous support of a resolution he introduced (adopted unanimously by the U.S. Senate) to fight proposals from foreign governments to gut current multi-stakeholder governance of the Internet.” The section also mentions his goals to reallocate spectrum, backing for a permanent extension of the Internet Tax Freedom Act and opposition to the Marketplace Fairness Act.

Ex parte filings at the FCC by the Consumer Video Choice Coalition on recent demonstrations of the coalition's downloadable security solution aren't specific enough about the technology and devices used, said NCTA in an ex parte filing in docket 15-64. “The Commission should not permit such obfuscation in any proceeding, let alone a proceeding like this one where highly technical issues should be fully disclosed and subjected to full analysis before the Commission takes further action,” said NCTA. “There is a reason that the Commission designated this proceeding as a 'permit-but-disclose' proceeding.” The specifics of the demonstrations need to be subjected to third-party scrutiny, NCTA said. The FCC “should subject this new information to analysis by experts and other parties to determine whether it is a real 'solution' as its proponents claim or just another Potemkin village in a series of ever-changing proposals submitted by AllVid proponents,” said NCTA.

Supporters of an FCC proposal to set aside vacant TV band channels in every market nationwide for unlicensed use after the TV incentive auction “have repeatedly ignored the dramatic policy shift it would represent and the associated harm it would cause,” NAB said in a letter filed at the FCC, reporting on meetings between NAB officials and aides to the commissioners. “The Commission’s proposal would, for the first time, remove channels within the TV band from TV use in favor of unlicensed use, and constrain broadcasters’ ability to meet a central tenet of the Communications Act: robust and ubiquitous service to the American people,” NAB said. The proposal would also be harmful for viewers across the country, “particularly in rural areas, who rely on [low-power] TV and translator service,” NAB said. In June, the FCC proposed to reserve at least one TV channel in every market in the U.S. for white spaces devices and wireless mics after the incentive auction and repacking (see 1506160043). NAB filed in docket 12-268.

The European Parliament's Civil Liberties, Justice and Home Affairs Committee overwhelmingly approved the EU General Data Protection Regulation (GDPR), intended to create a uniform set of data protection rules and give the EU's 500 million citizens more control over how their information is used (see 1512160001). The committee Thursday voted 53-2 with one abstention in favor of the 204-page regulation agreed to by the parliament and council Tuesday, a parliament news release said. It said the GDPR must still be voted on by the full parliament in spring, probably March or April, and then the EU's 28 member states have two years to "transpose the provisions of the new directive into their national laws." Marju Lauristin, the lead member of the European Parliament on the directive, said in a statement that "these rules, applying to cooperation between EU member states and with third countries on transferring and processing of data, should facilitate the sharing of information, while at the same time ensuring that European citizens’ fundamental rights are not violated." While GDPR gives EU citizens more say in how their data can be used through a codified right to be forgotten and informed consent, among other provisions, advocates said the regulation also cuts down on red tape by harmonizing 28 different standards and applying uniform enforcement. But several business officials said GDPR may create more complexity and bureaucracy (see 1512150004).

Airport-caliber metal-detector screening and a strict restriction on bags are among security measures being imposed at CES, in wake of the Paris and San Bernardino, California, terrorist attacks, the Consumer Technology Association said Thursday. "While we know of no credible threat against CES, we remain vigilant,” said CTA President Gary Shapiro. “We are communicating with the Department of Homeland Security, the FBI and local law enforcement officials as we enhance security measures onsite.” CTA wants showgoers “to have a productive, fun and safe experience at CES while being sensitive to lines and inconvenience," he said. A full description of the measures being imposed is on CTA’s CES security page. Highlights include: (1) No luggage may be brought into official CES exhibit and conference areas, and bag check availability at show venues “will be extremely limited,” CTA said. (2) No rolling bags of any size, and a limit of two bags per person, each no bigger than 12 x 17 x 6 inches, it said. (3) Since bags will be searched, CTA recommends the use of clear mesh, plastic or vinyl bags “to expedite this process,” it said. (4) “Everyone will be subject to metal detector screening and body pat downs upon entering show premises,” CTA said. “CTA will conduct searches at specific points to ensure quick and easy access to exhibit halls and reduce the number of times you have to go through security.” (5) More security and law enforcement personnel will be visible inside and outside CES venues. “As precautionary measures only, you will see police officers in armored gear, and explosive detection dogs throughout various CES facilities.” (6) All attendees must have an official CES badge and government-issued photo ID before entering CES show venues, CTA said.

The FCC's analog tuner requirement for TVs will sunset Aug. 31, 2017, under an order that the commission unanimously approved Thursday that's designed to mitigate the incentive auction’s impact on low-power TV stations and translators. The CE industry has said that devices that can receive analog will still be available by August 2017 and that it will take years after that date for devices without such tuners to completely supplant those that have them.