Copyright industries’ view of service providers’ obligations would gut the Digital Millennium Copyright Act and return digital service to the “climate of uncertainty” that prevailed before the 1998 law, several groups said Tuesday in a friend-of-the-court filing in the Viacom-YouTube case. Content owners’ claim that “red flag” knowledge of infringement bars use of the safe harbor goes against the DMCA’s careful phrasing, groups said. The companies have filed motions for summary judgment (CD March 19 p8).

LAS VEGAS -- No TV stations would be forced to participate in a spectrum auction proposed by the FCC, Chairman Julius Genachowski told the NAB convention Tuesday. The commission isn’t trying to confiscate spectrum, he said: “In fact, this is the opposite of a confiscation. It would be an economic boost to broadcasters that elect to participate.” Genachowski provided details about how the auction might be structured to protect stations that choose to participate. And he said the commission plans an “engineering forum,” involving all types of communications engineers, to look at technical elements of the FCC’s plan. “That will be followed by similar efforts involving business executives,” he said. NAB CEO Gordon Smith called Genachowski’s statements “reassuring” and said “we will reach back constructively."

Net neutrality is becoming as much a political, economic and social issue as a technical one in Europe, a French government official said Tuesday at a summit on net neutrality held by her country’s telecom regulator, ARCEP. France started a public consultation on the topic last week, the European Council of Ministers will meet soon for an informal discussion, and the European Parliament is developing a position, said Nathalie Kosciusko-Morizet, the French secretary of state for strategic analysis and the development of the digital economy. The European Commission will begin its own public inquiry soon, said Digital Agenda Commissioner Neelie Kroes.

COLORADO SPRINGS -- Teamwork between government and industry must improve for the U.S. to continue protecting its own security and allies, Air Force Space Commander Gen. Robert Kehler said Tuesday at the National Space Symposium. “I'm not comfortable with where we are” and that matters are going in the direction “that will take us to the future we need to be in,” he said. “This needs to be a team effort. We don’t have all the answers. But do have set of conditions and approaches today that if we don’t make changes, won’t serve us well as we look to the future. … We must get this one right."

A consumer showcase of mobile DTV in Washington will begin May 3, the Open Mobile Video Coalition said Monday. Stations in the market have been broadcasting for weeks, and relatives and friends of employees of group members have been testing devices, but OMVC will begin recruiting consumers next week, said Executive Director Anne Schelle. The showcase will feature a mix of broadcast and cable programming, said Brandon Burgess, Ion Media’s CEO and the coalition’s chairman. “We're going to get some sober feedback about what works and what doesn’t work."

Changes in the telecom industry spurred a partnership between the Telecommunications Industry Association and the Organization for the Promotion and Advancement of Small Telecommunications Companies, which was announced Monday, OPASTCO President John Rose said in an interview. “We want to get outside of being just a carrier [association]. Because of the future of IP networks we must broaden our base of who we work with.” The groups have signed a “friendship agreement” aimed at helping to inform their members and to collaborate on the conventions and trade shows of each association, he said. That “allows us to exchange ideas and information and understand each other’s policies and positions,” said TIA President Grant Seiffert. TIA has similar partnerships with the CEA and other organizations, he said.

LAS VEGAS -- The FCC’s broadband plan would “yank away” more than one-third of the spectrum used by TV and radio stations and would represent a “great spectrum grab,” NAB President Gordon Smith said in his first speech at an NAB convention. “This plan appears to be an example of unnecessary government intervention when technology in the marketplace is already working through the issue,” he said. With the many advances coming soon to wireless communications, “you have to ask what makes this spectrum grab -- and the destruction and loss of innovation it would cause -- really necessary."

Twenty-one economists, including academics from universities across the U.S., filed a paper Monday at the FCC concluding that the economic evidence doesn’t justify the net neutrality rules the commission is considering. The paper builds on qualms expressed by Commissioners Robert McDowell and Meredith Baker, the rule opponents on the FCC.

LAS VEGAS -- Broadcasters attacked recommendations in the FCC’s broadband plan to reallocate some of the TV band for mobile wireless use. “We've been trying to fight this for a long time and up until the publication of the National Broadband Plan, all we've had to go up against is rhetoric,” said Robert Hubbard, Association of Maximum Service TV chairman and Hubbard Broadcasting CEO. Now that broadcasters have had an opportunity to read the plan, it’s clear the details and rhetoric don’t match, he said.

Motorola weighed in against a proposal in the National Broadband Plan to sell the 700 MHz D-block in an upcoming auction rather than reallocating the spectrum directly to public safety. The plan’s approach on a national interoperable network for public safety “falls short in several ways,” said Motorola, the latest party to express reservations about the plan.