Try comparing your setting to those in this thread http://talk.maemo.org/showthread.php?t=28911

My quick assessment:
1. You used 2 pass encoding and set the average bitrate to high (I believe the NITs can't exceed 800 at any point & an using an bitrate average of 750 will most likely put many parts of the video bitrate well above that).
2. The 828x352 size is to large
3. You didn't specify the audio encoding, but stick with MP3-128kb or less.

Hope that helps