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Nov. 3, 2000
8:00 AM ET.
Alert No. 56.

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News Briefs

11/2. EU Commissioner for Trade Pascal Lamy gave a speech in Washington DC on the Foreign Sales Corporation (FSC) tax regime, and other US-EU trade issues. He stated: "I was brave enough, or I'm told foolhardy enough, to sit in front of the Congress and pledge that we would come into compliance on both bananas and beef hormones, and I stand absolutely by that. But the same position applies to the US on the foreign sales corporation dispute. Each of us must comply with the rules. There has been plenty of loose talk in the corridors about package deals. Now, don't get me wrong. I love deals." He added that "the problems seem to get worse, not better." Last week the House and Senate both passed a tax reform bill that includes the FSC replacement bill. However, Bill Clinton said he would veto it. Then, the Senate passed the FSC replacement bill as a stand alone bill on Nov. 1.
11/2. The House met on Nov. 2, and passed another one day continuing resolution, by a vote of 310 to 7. 73 Democrats and 43 Republicans did not vote. See, Roll Call No. 592. The House did not pass the Foreign Sales Corporation replacement bill. Speaker Denny Hastert (R-IL) explained why: "Last month, the House and the Senate reached agreement on the Taxpayer's Relief Act, which included several important provisions. Among those provisions were an increase in the minimum wage, incentives for Americans to save more for their retirements in their IRA and 401K funds, an initiative to increase investment and development in the poorest rural and urban areas, and an increase in investments in school construction. ... There has been considerable pressure on the House to schedule a stand-alone Foreign Sales Corporation bill at the exclusion of the other provisions of the tax bill. ... The Foreign Sales Corporation issue is important, but is it more important than these other issues? I don't think so. I urge the President to stop playing politics with the lives of the American people, and drop his ill-advised veto threat of the Taxpayer Relief Act." See, Hastert statement.
11/2. The NTIA hosted a public meeting as part of the process of identifying and allocating spectrum for Third Generation (3G) wireless systems. 3G will enable broadband wireless Internet access. However, spectrum will have to be reallocated from current users. "This is not going to be an easy process," said NTIA chief Greg Rohde. See, TLJ story.
11/2. The International Trade Administration (ITA) of the U.S. Department of Commerce announced that US organizations can now sign up for the US - EU privacy safe harbor framework through a web site. The safe harbor framework enables companies to comply with the European Commission's Directive on Data Privacy. See, release.
11/2. The FCC released the agenda [PDF | MSWord] for its Nov. 9 Commission meeting. It includes two items pertaining to secondary markets for wireless spectrum. The FCC will consider a Notice Proposed Rule Making (NPRM) concerning the promotion of secondary market mechanisms to facilitate efficient use of wireless spectrum, and a Policy Statement setting forth guiding principles for the promotion of secondary market mechanisms to facilitate efficient use of wireless spectrum.
11/2. The SEC announced that it will continue to support the EDGAR legacy filing system along with the modernized EDGAR filing system beyond the original Nov. 27, 2000 transition date. The new termination date for the EDGAR legacy system will be April 20, 2001. See, release.
11/2. The FCC named Breck Blalock to be the Deputy Chief of the Planning & Negotiations Division. Julie Buchanan was named Associate Chief of the International Spectrum and Communications Policy Branch of the Planning and Negotiations Division. Linda Armstrong was named Senior Legal Advisor of the Planning and Negotiations Division. Jack Deasy was named Chief of the Multilateral and Development Branch of the Telecommunications Division. See, release [PDF].
10/31. The Marietta Cobb Smyrna (Georgia) Organized Crime Intelligence Unit executed two search warrants, and made arrests, at two Smyrna area businesses engaged in the illegal counterfeiting of CDs. See, RIAA release.
10/30. filed a complaint in state court in Texas against ICANN alleging defamation, business disparagement and tortious interference. Regland sells pre-registrations of domain names for top level domains which have not yet been approved by ICANN. On Sept. 29 ICANN released a statement which included the following: "The Names Council feels it is premature for companies to offer pre-registration services for domain names in speculative new TLDs. To date, no new TLDs have been selected and there is no guarantee that any particular organization will be authorized to take registrations for any particular TLD. The registration of names in new TLDs will be done on a fair basis, and the practice of pre-registration should not be encouraged." See, Regland release.
10/30. The U.S. District Court (CDCa) entered a default judgment against defendants in SEC v. Yes Entertainment, a civil securities fraud enforcement action. The SEC plead that Yes Entertainment, a Nevada limited liability company that purported to operate Internet web site based "channels" of streaming media, violated for violation of § 17(a) of the Securities Act of 1933 and § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Court ordered disgorgement of ill gotten gains and civil fines. See, release.
10/27. The U.S. Court of Appeals (DCCir) issued its opinion in Qwest v. FCC, a case pertaining to requirements that RBOCs maintain detailed accounting records of property used in their local telephone operations, including the property's description, location, and cost.
10/23. The U.S. District Court (EDVa) entered a permanent injunction against defendants in SEC v. and Euburn Forde. The SEC filed a complaint on Aug. 29 that alleged that defendants filed false and misleading 8-K forms with the SEC, to wit, that was in the process of co-branding with AOL, which would result in a revenue sharing arrangement with AOL that would provide it with access to over 18 million AOL subscribers and the potential to generate annual revenues of $324 Million. The injunction enjoins defendants from further violations of securities laws, imposes fines, and orders that corrected forms be filed with the SEC. See, release.
Editor's Note: This column includes all News Briefs added to Tech Law Journal since the last Daily E-Mail Alert. The dates indicate when the event occurred, not the date of posting to Tech Law Journal.
New TLJ Stories

NTIA Hosts First Public Meeting on 3G Spectrum. The NTIA hosted a public meeting attended by government officials and industry representatives to address the selection and allocation of spectrum for 3G wireless systems. 3G is intended to bring broadband wireless Internet access to mobile devices.
New Documents

Lamy: speech re Foreign Sales Corp. legislation, 11/2, (HTML, EU).
FCC: agenda of Nov. 9 meeting, 11/2, (PDF, FCC).
USCA: opinion in Qwest v. FCC, 10/27 (TXT, USCA).
New and Updated Sections

Calendar (updated daily).
News from Around the Web (updated daily).
Quote of the Day

"It has been a difficult autumn just trying to keep track of different initiatives in the Congress. I ought to be a bit careful here, not least because much of the Congress will be there long after the Administration has left. But our public opposition is well known to the Hollings Bill, the Byrd amendment, and to Senator Lott’s plan to tie down the Administration so that the US would be effectively blocked from reaching a settlement on either beef or bananas."

Pascal Lamy, EU Commission for Trade