House Commerce Committee Democrats probably won’t decide right away whom to vote for to lead Democrats on the Communications Subcommittee, a race that’s being closely watched by the telecom industry, lobbyists from both parties said. They said that those U.S. representatives who are named to the full committee, which will have fewer Democrats come January because Republicans will have a larger proportion of members of the body, likely will meet in January to make their decisions. It’s unclear exactly when the vote will occur because some details of the committee makeup depend on decisions made by the GOP. That party will pick a chairman of the Communications Subcommittee as soon as this week.

Acceptance by opponents and lawmakers of the Local Community Radio Act, awaiting a Senate vote, is sought by those in noncommercial radio. HR-1147 could make it easier to create low-power FM (LPFM) stations in larger markets. The NAB, a major opponent to the bill, has been instrumental in holding it back, some community radio supporters said. The NAB said it has concerns over the bill creating interference to full-power stations.

The San Jose, Calif., City Council voted Tuesday not to join the Bay Area Broadband Enhanced Wireless Project (BayWEB), funded with a $50 million BTOP grant to Motorola from NTIA. The city will send letters to NTIA asking the agency to reallocate the money to Bay area cities and counties, a San Jose official told us. The project will move forward, and if any city drops out of the project, it’s out, an NTIA spokeswoman said. Applying for the money is no longer an option, she said.

FCC Chairman Julius Genachowski said the FCC has a big role to play in sparking a national discussion about sexting, texting while driving, and other wireless bad behavior by teenagers. The comments came Tuesday during an FCC “Generation Mobile” forum Tuesday at McKinley Technology High School in Washington. Genachowski also told students that net neutrality rules, set for a vote next week, have broad support.

Getting access to additional spectrum is the consumer electronics industry’s 2nd-highest priority, behind solving the federal deficit and economic issues, CEA President Gary Shapiro said in a meeting with reporters Tuesday. He said there’s bipartisan support for freeing up spectrum, and suggested that ultimately broadcasters might even be in favor.

An FTC official signaled that the commission’s staff is already prepared to back off, in the face of pushback, its proposal this month that an online “do not track” mechanism be browser-based. “We really need to open our minds to some other alternatives,” said Jessica Rich, the Consumer Protection Bureau’s deputy director. Speaking Tuesday on a teleconference of the American Bar Association’s Antitrust Section, she said, “Maybe the browser-based system isn’t the best solution.” Rich declined to embrace a new technology offered by Microsoft.

Fights in the court and on the Hill are likely after the FCC’s net neutrality decision, speakers said during a NATOA (National Association of Telecom Officers and Advisors) webinar about top communications issues in 2011 Monday. They urged state and local regulators’ input over issues like taxation, the proposed Comcast/NBC Universal merger and pole attachments.

A review by career FCC staffers of Comcast’s planned purchase of control of NBC Universal is intensifying, said agency and public interest officials outside the negotiations. They said commission staffers and executives of the companies continue to discuss conditions for possible approval, and an order may circulate soon. Ex parte filings show that FCC and Justice Department staffers reviewing the deal have in recent days been talking about possible conditions (CD Dec 13 p9). The talks appear to be intensifying and may end soon with a proposed order from the Media Bureau, said officials inside the commission and out. Antitrust experts and analysts have predicted the deal will be approved, with many conditions.

Microsoft and Electronic Arts filed a joint brief supporting Viacom’s case against YouTube at the 2nd U.S. Circuit Court of Appeals in New York, one of several briefs from Viacom supporters that came in Friday just before a deadline that day. A group of music publishers including BMI, ASCAP and SESAC, a group of book publishers, plus labor unions including the Directors Guild, Screen Actors Guild and American Federation of TV and Radio Artists also lodged their arguments against YouTube on Friday. Several scholars, economists and law professors chimed in on Viacom’s side. Counsel for YouTube asked the court for a March 31 deadline for briefs from the company and allies. YouTube’s owner, Google, didn’t immediately respond to a request for comment.

The Commerce Spectrum Management Advisory Committee is poised to approve a compromise on a report on incentives for getting more government spectrum into play for commercial use. It stops short of recommending charging government agencies fees for the spectrum they use. Members of the committee discussed the report Monday on a teleconference and put off a vote until Jan. 11, when the current CSMAC is expected to meet for the last time.