The FCC Consumer and Governmental Affairs Bureau sought comment Monday on a petition by Rubio’s Restaurant Inc., seeking further clarification of the agency’s Telephone Consumer Protection Act (TCPA) rules. Rubio’s asked the FCC to confirm that callers who get “prior express consent” from a called party “are not liable under the TCPA for dissemination of informational, non-telemarketing alerts, to telephone numbers that have been reassigned without the caller’s knowledge,” the bureau said (http://bit.ly/1l9cDq4). Rubio’s also asked the FCC to confirm that the TCPA “does not apply to intra-company messaging systems which are not aimed at consumers and [are] never intended to reach the public,” the bureau said. Comments are due Sept. 24, replies Oct. 9.

In a nod to cord-cutters, TiVo launched an over-the-air Roamio DVR for consumers without a subscription to cable or satellite service. The $49.99 device, with a $14.99 monthly subscription, has a 500-GB hard drive, four tuners and is compatible with TiVo Stream for sending recorded TV content to smartphones and tablets. The TiVo Roamio OTA DVR delivers a “best in class DVR experience through an antenna,” and lets viewers record and watch network TV where available, TiVo said Monday. The Roamio OTA, with Wi-Fi and Ethernet, will be sold at select Best Buy stores and requires a one-year commitment, TiVo said.

Given Apple’s “unparalleled functionality and design capabilities” and its “market clout,” the impending launch of the iWatch, if it happens at all, “could be just what smart watches need to move into the mainstream,” said Charles Annis, DisplaySearch vice president-manufacturing research, in a blog post Monday (http://bit.ly/1txgFtG). Though virtually all that’s known about the iWatch belongs “in the realm of speculation,” Apple’s display manufacturing partner, LG Display, is believed to be ramping up production of 1.3- and 1.5-inch QVGA AMOLEDs on plastic substrates, he said. “If these are for the iWatch, it could be an indication that Apple has prioritized image quality over battery life. Another benefit of AMOLED on plastic is that it can be extremely thin, light and rugged.” Since LG Display currently has a limited amount of flexible AMOLED capacity, “yield rates may well determine when the iWatch launches as well as initial volumes,” he said. DisplaySearch estimates average yield rates above 60 percent would allow LG Display to produce more than 10 million panels in 2014, he said. “Apple has an incredible track record of successfully creating completely new markets. So although we are not exactly sure about unit numbers or if Apple will release its first generation smart watch in September or November, or if it will slip to 2015, we are very excited about the prospect of the iWatch pushing flexible plastic AMOLEDs from their current niche status into mainstream consumer product."

Wireless technology company Federated Wireless urged the creation of a Federal Spectrum Access System (FSAS) as part of any spectrum model city, in comments filed at the FCC. In July, NTIA and the FCC sought comment on a public-private partnership to create a spectrum test city (CD July 14 p15), a recommendation of the President’s Council of Advisors on Science and Technology in its July 2012 spectrum sharing report. The comments (http://bit.ly/1tMXIS2), posted Monday, were the first in the docket created by the FCC on the issue -- 14-99. “The envisioned commercial FSAS will protect sensitive system information while providing a simple automated method to authorize and manage spectrum experiments, including commercial experimental devices,” Federated said. An FSAS “would greatly streamline and simplify the creation and execution of Model City experiments.”

Almost all commenters agree, the FCC should reconsider a decision to adopt more stringent limits for out-of-band emission (OOBE) for operations in the 5.8 GHz band, the Utilities Telecom Council said in reply comments filed at the FCC (http://bit.ly/1pYJRc7). The FCC sought comment in July on seven petitions for reconsideration of its March 31 order that opens up the parts of the 5 GHz band for Wi-Fi and other unlicensed use (http://fcc.us/XffL9d). Cisco opposed several of the changes urged by the recon petitions (CD Aug 15 p1). The OOBE limits are not needed to protect Terminal Doppler Weather Radar systems, contrary to Cisco’s arguments, UTC said. “Moreover, these OOBE limits would dramatically impair the performance and increase the cost of deploying of fixed point-to-point and point-to-multipoint systems in the 5.8 GHz band,” the group said in comments posted Monday by the FCC in docket 13-49. UTC, which represents electric utilities, said utilities and other critical infrastructure industries make use of the band for point-to-point communications.

The Copyright Office is amending its regulations on cellphone unlocking so consumers can circumvent their network connections, said a Federal Register notice Monday (http://1.usa.gov/YVLmOc). Cellphone owners can also circumvent their networks when “authorized by the operator of the network,” it said. President Barack Obama signed the Unlocking Consumer Choice and Wireless Competition Act (S-517) Aug. 1, which allows for such circumvention (http://1.usa.gov/1olIjUh) (CD Aug 4 p15). The House and Senate approved the bill in July (CD July 28 p11).

Net neutrality for mobile broadband is especially critical given the reliance of young, low-income, minority and rural populations on mobile devices and networks for their main Internet access, said representatives of the New America Foundation’s Open Technology Institute and the National Hispanic Media Coalition in an FCC ex parte filing. The public interest group officials reported on a meeting with Priscilla Delgado Argeris, aide to Commissioner Jessica Rosenworcel (http://bit.ly/1p8REoD) in a filing in docket 14-28. “While the Commission should reclassify broadband Internet access over both fixed and mobile networks as a Title II service, the Commission can also rely on its concurrent authority under Title III to impose open Internet protections as public interest obligations on carrier use of spectrum,” the groups said.

Tablet and smartphone users should take caution when using “factory resets” to erase personal data before trading, reselling or donating their devices, said software erasure and reuse company Blancco in a news release Friday (http://bit.ly/1q4Yolh). The London-based company cited a recent BBC article on factory reset flaws (http://bbc.in/1rdkMN2). Factory resets sometimes “simply remove indexes to the data, rather than deleting it, so that researchers using relatively simple tools could gain access,” said Blancco. “Consumers and businesses alike should make sure that a complete overwrite is performed with proven software, meaning they should research what processes their phone carriers or buy back and return programs are using,” said Kim Väisänen, Blancco managing director.

Rumors were rampant Friday about production delays for the iPhone 6 on accounts from supply chain sources. According to a Reuters report (http://reut.rs/1q0Nr5f), Apple suppliers are scrambling to get enough screens ready for the new iPhone 6 because a redesign of a “a key component” disrupted panel production. Some accounts speculate that the thinness of the iPhone 6 is causing manufacturing headaches. An Apple news conference scheduled for Sept. 9 has many industry watchers pegging availability for Sept. 19, based on previous Apple roll-out schedules. A delay could threaten the number of phones available at launch, reports say, but rumors of delays for upcoming iPhones are as much a part of the annual runup to a new launch as “exclusives” about design and features. Retailers, meanwhile, continue to clear shelves of the soon-to-be-dated iPhone 5s.

Four in every five Americans associate privacy concerns with wearable Internet of Things connected devices, said Accenture’s Acquity Group e-commerce subsidiary Thursday in a survey report (http://bit.ly/1ohHf3C). But when the company canvassed 2,000 consumers this summer, it found that half would be willing to share personal data collected on wearables with third-party retailers, as long as they're offered some sort of “compensation,” such as a coupon or discount toward the purchase of fitness gear or healthier foods, it said. Only 9 percent said they would be willing to share data with brands for free. “As the connected technology opportunities within the market continue to grow, it’s important for businesses to understand ways to overcome barriers to adoption and create digital device strategies,” the company said. “Brands that do not evolve strategies to mirror consumer expectations will fall short and miss major revenue opportunities moving forward. While incentives are part of the answer, companies must create an understanding among consumers that their devices and personal data are well-protected from security threats. This is where firms can most effectively differentiate their business models."