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The CEO of UK media regulator Ofcom says Britain needs a strong online antidote to “American imports”. Consultation closed a fortnight ago on Ofcom’s plans for a new “public service publisher” (PSP), a planned new publicly owned national web producer in the mould of the BBC with a suggested budget of up to £100 million ($200 million). The plans have been welcomed by digital rights advocates and companies vying to be picked as the PSP. In an interview with Ofcomwatch published today, Ofcom’s Ed Richards: “We want a new media, Web 2.0, or whatever you want to call it, content capacity in Britain, which is British, in the same way that [we] have uniquely British content in the traditional broadcasting world. Otherwise, we run the risk that the only good television will be American imports and the rest of it is rubbish ... because the US market is so big, so you can risk far more, spend far more, spend more time in development. So the basic premise is the same as it was for broadcasting – it’s just that we live in a different world now.” Richards’ comparisons between broadcast TV and the web may draw suspicion from online die-hards, who may ask - if the two are so similar, don’t the existing public service remits of the BBC, ITV and Channel 4 (each of which is also a web publisher), plus the fact any online Brit can make a website, preclude any risk of US dominance?

Yet another FCC-centric issue fraught with he said-he said claims of right and wrong ... this time it’s the fight over the unused spectrum between TV channels. On one side, a group including Microsoft, Google, Intel and Dell wants the FCC to make the “white spaces” available for unlicensed use that would expand internet access; on the other, veteran lobbying org Association for Maximum Service Television (MSTV) laden with broadcast interests including CBS, GE and Cox Enterprises and a desire to keep those spaces white. MSTV contends using the white spaces could cause problems for licensed users and has presented findings to that effect to the FCC; NAB—what a shock—has similar problems with the idea. But, as MKTW reports, the white spaces group is fighting back with a letter to the FCC from former chief engineer Edmond Thomas who says that MSTV and NAB are wrong—a “mask” can prevent spillover; a Microsoft prototype was sent to the FCC last month. FCC test results are due mid-summer.
What’s next? More of the same until the issue is resolved—and then, if history is any measure, more of the same anyway as the losing side argues its case. The FCC could make its decision as early as this fall. In the meantime, the white space stays that way.

Cablevision has lost a legal battle against several studios and TV networks to introduce a network-based DVR service. U.S. District Judge Denny Chin in New York ruled against the cable company.
It had hoped a network-based DVR system, called Remote Storage DVR or RS-DVR, would have done away with the need for the installation digital set-top boxes in subscribers’ homes, and instead the storage would be on the cable company’s end. Other cable operators had been vocal in their support for such a system, but have not jumped into it for fear of such legal reprisal.
Chin agreed with the studios and networks in his ruling: “The RS-DVR is clearly a service, and I hold that in providing this service, it is Cablevision that does the copying.”
MultiChannel: The ruling was applauded by one major programmer, Turner Broadcasting System. “Obviously, we are very satisfied with the result and we are pleased that the court has accepted our view of the rules of the road: headend-based copying requires a license,” said a Turner spokesperson.
Update: Cablevision is considering an appeal.
Related:
-- TV Networks Sue Cablevision
-- Add Turner’s CNN, Cartoon Network To List Of Cablevision Remote DVR Foes
-- Lawsuit Over Cablevision DVR Plans Could Change Copyright Law

XM Satellite Radio was hit with a second copyright infringement lawsuit Thursday over its bundled XM + MP3 player service. A group of 26 music publishers, including EMI Music Publishing, Warner/Chappell Music, Sony/ATV Music and Viacom’s Famous Music, filed a suit in federal district court in New York to “put an end to the pervasive and willful copyright infringement” of their compositions on “iPod-like devices controlled by XM,” Billboard Biz reported. The publishers seek a maximum of $150,000 per infringement – and have called its list of 200 songs “a fraction” of what has been violated.
In January, XM lost its effort to have a similar suit by major record labels (Atlantic, BMG, Capitol) dismissed. Both suits accuse of XM of allowing individuals to store music like Apple’s iPod and are therefore owed millions in royalties. XM says that is only broadcasting, not selling music. As for the issue of royalties, XM has also argued that it has licensed the compositions from performing rights organizations ASCAP, BMI and SESAC.
Publishers are countering that the service doesn’t just broadcast; it lets XM customers copy and replay songs, something that the agreements with licensing organizations do not cover.
Sirius Satellite Radio, part of the $13 billion proposed merger with XM, settled similar claims with labels over its S50 portable device last year. The lawsuits are not likely to hinder the merger talks at this point.
Related:
-- XM Loses First Round In Court Battle With Music Labels

Jeff Pulver, taking the bully pulpit at his latest VON conference in San Jose this week, is asking the FCC to declare that internet video is not subject to cable and broadcast television regulations. Pulver filed the petition on behalf of Network2, his online video aggregation company. He also wants the FCC to go on record that it does not intend to impose new regulations on internet video. Release.
Pulver’s reasoning: internet differs vastly from traditional media from technological, geographical and social standpoints, therefore, it should not be governed as if it were something else. Pulver: “From a technical standpoint, internet video is simply a piece of code, a software application riding over the Internet Protocol. Internet video is not tied to underlying network infrastructure in the same ways that cable and broadcast-based video content currently is tethered.”
Jeff Chester, executive director of the Center for Digital Democracy, speaking to B&C, counters Pulver’s views: ”Multi-platform access rules will be needed for political speech on mobile and IP platforms. Rules protecting news and public affairs and advertising safeguards will be needed, including protecting children.”
Pulver’s move comes on the heels of Skype’s net neutrality petition. The web telephone service also requested that the FCC to “confirm a consumer’s right to use internet communications software and attach devices to wireless networks,” according to VO News. The petition would ease the way for independent providers to offer IP services over cellular operators’ high-speed data networks.
At the same time, Virtual Digital Cable has a pending complaint with the FCC saying online video distributors should be covered by the program access law that requires satellite-delivered cable programming from companies affiliated with cable operators to be available to multichannel-video-programming distributors.
Related:
-- Tech Firms Push to Use TV Airwaves for Internet
-- Liberty Media Yanks QVC Off Web Streamer VDC
-- VON Round-up: Predictions & Suggestions For Growth, Impending Regulation