Junk faxer Scott Malcolm and his DSM Supply and Somaticare companies failed to show the $1.84 million fine levied by the FCC (see 1602180064) violates the Excessive Fines Clause of the Eighth Amendment, the agency said in an order on reconsideration Thursday, rejecting Malcolm's petition for reconsideration of the fine size. It said Malcolm should have raised the fine amount matter when issued a notice of apparent liability, and his petition for reconsideration didn't meet the burden of showing the forfeiture imposed is unconstitutionally excessive. Commissioner Mike O'Rielly dissented in part. Malcolm didn't comment.

Struggles of Verizon’s go90 mobile video service to find audience might be due to its "singular focus" on mobile devices, since 79 percent of U.S. internet users have at least two connected devices and most watch video on them, nScreenMedia analyst Colin Dixon blogged Wednesday. Video services need to be available on all the their customers' screens, he said. Meanwhile, Verizon indicated it will start incorporating go90-exclusive content into other digital content properties, he said. Verizon didn't comment.

FTC Commissioner Terrell McSweeny gave a belated shoutout to Consumer Reports in a Tuesday tweet for its cybersecurity efforts with The Digital Standard, announced last week. “Agree -- a step forward in providing consumers with better information & reviews re data privacy and security of #IoT,” McSweeny tweeted. “Thanks @ConsumerReports for starting to take this on!” CR announced the standard Feb. 7, an effort with Disconnect, Ranking Digital Rights, The Cyber Independent Testing Lab and nonprofit tech organization Aspiration, with a goal of helping set expectations for how connected product manufacturers should handle privacy and security (see 1802070046).

Uber will “learn from the past,” blogged CEO Dara Khosrowshahi Friday, after the ride-hailing service’s $245 million settlement with Alphabet's Waymo over allegations of stealing trade secrets for autonomous driving. “While we do not believe that any trade secrets made their way from Waymo to Uber, nor do we believe that Uber has used any of Waymo’s proprietary information in its self-driving technology, we are taking steps with Waymo to ensure our Lidar and software represents just our good work.” To Alphabet, Khosrowshahi said: “You are an important investor in Uber, and we share a deep belief in the power of technology to change people’s lives for the better.” The companies are partners and competitors and won’t always agree, said the executive. “We agree that Uber’s acquisition of Otto could and should have been handled differently,” he said of the self-driving company. Self-driving technology is crucial to the future of transportation, he said. Waymo had sought at least $1 billion in damages last year and agreed to a $500 million earlier last week, which was rejected by Uber’s board, Reuters reported.

A key provision in the staff report that led to creating an FCC Office of Economics and Analytics is a line that OEA should “produce a separate, non-public memorandum on economic issues to accompany documents circulated to the Commission,” blogged Technology Policy Institute Senior Fellow Tom Lenard. Commissioners approved creating the office on a 3-2 party-line vote last week (see 1801300026). The plan “is designed to encourage the policy-making Bureaus to include economic considerations throughout the policy development process, while also providing for direct communication of economic views to commissioners,” Lenard wrote. An alternative would be for the FCC to publish a preliminary regulatory impact analysis for every proposed new rule and a final RIA for every issued rule, he said.

Broadcom made a $121 billion “best and final offer” for Qualcomm. The $82 per share includes $60 in cash and $22 in Broadcom stock, compared with its initial offer in November -- $70 per share, or $60 in cash and $10 in stock (see 1711060004). This "will allow Qualcomm stockholders a greater opportunity to participate in the upside created by the combined company's strategic and operational advantages,” Broadcom said Monday. “Broadcom's track record demonstrates our ability to consistently accelerate share price appreciation following acquisitions and indicates a substantial likelihood that we will exceed our synergies expectations.” Qualcomm's board, "in consultation with its financial and legal advisors, will review the revised proposal to determine the course of action it believes is in the best interests of the Company and its stockholders," that company responded.

Tech interests had feedback on EPA examining its Energy Star process (see 1712150033), including CTA, Juniper Networks and Samsung. CTA said the agency in 2011 imposing mandatory third-party certifications of consumer electronics products qualifying for Energy Star “is significantly more expensive and time-consuming to manufacturers than the successful self-certification system which existed previously.” It's "superfluous in light of the government’s post-market verification programs which are much more meaningful and impactful,” the group commented, as posted Thursday at the Energy Star website. The association has sought a new process to allow CE companies with a good record of compliance to earn their way out of the third-party certification requirement (see 1711080025). Agency representatives tell us they fear that would again leave Energy Star vulnerable to fraud (see 1604220027). The Natural Resources Defense Council, overall satisfied with the process, said that "to help continually improve transparency in the procedures it follows and to better engage with a wider body of stakeholders, EPA should make it as straightforward as possible for stakeholders to become involved in the specification setting process.” Samsung thinks EPA runs Energy Star “effectively through its notice and comment procedure with a clear timeline.” Juniper said the large network equipment program's low adoption "indicates a need to remove requirements that do not advance energy efficiency but do limit product design options."

The FCC Disability Advisory Committee meets Feb. 28 at 9 a.m. in the Commission Meeting Room, said a Thursday notice. Among items expected to be discussed is a report on best practices for the aural description of visual but non-textual emergency information provided by broadcasters, and updates on emergency communications, technology transitions and relay and equipment distribution.

Judicial Watch's lawsuit against the FCC alleging no agency response to Freedom of Information Act requests for records and emails on the FCC classifying broadband as a Title II service (see 1705180047) is over. U.S. District Court Judge for the District of Columbia Dabney Friedrich in January ordered the case closed, following a joint stipulation of dismissal (in Pacer) by the two sides filed Jan. 19.

There are two pleading cycles on state applications for certifying telecom relay service provision, for five years starting July 26, said an FCC Consumer and Governmental Affairs Bureau public notice Friday in docket 03-123. Comments on one group of state applications are due Feb. 22, replies March 9, and comments on another are due Feb. 23, replies March 12.