| House to Vote on Tauzin
                  Dingell Bill | 
               
              
                | 12/12. House Majority Leader Dick Armey (R-TX) announced
                  that the House is scheduled to vote on HR
                  1542, the Tauzin Dingell bill, on Friday, December 14. The
                  House Rules Committee
                  has yet to adopt a rule governing debate, amendments, and
                  other items. | 
               
             
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                | FCC Announces NPRM on
                  Regulatory Framework for ILECs' Broadband Services | 
               
              
                12/12. The Federal
                  Communications Commission (FCC) announced, but did not
                  release, a Notice of Proposed Rulemaking (NPRM) initiating a
                  comprehensive examination of the regulatory framework for
                  incumbent local exchange carriers' (ILECs') provision of
                  broadband services.
                   
                  The FCC issued a release
                  in which it stated that this NPRM seeks comments on what
                  changes the FCC should make in its regulatory requirements for
                  ILECs' broadband service, including "What the relevant
                  product and geographic markets should be for broadband
                  services", "Whether incumbent LECs possess market
                  power in any relevant market", and "Whether dominant
                  carrier safeguards or other regulatory requirements should
                  govern incumbent LECs' provision of broadband service."
                  This is Docket No. CC 01-337.
                   
                  FCC Chairman Michael Powell
                  said in a statement
                  that "In this proceeding, the Commission will ask whether
                  potentially robust competition among multiple types of
                  broadband service providers suggests that we should avoid
                  subjecting incumbents to the same regulatory burdens that we
                  impose on these carriers with respect to their provision of
                  local telephone service. That is, we ask whether incumbent
                  LECs, which are so clearly dominant in the provision of local
                  phone service, must also be treated as dominant as they use
                  DSL and other technologies to provide high speed
                  telecommunications services in competition with cable modem
                  service providers and other types of platforms." Powell
                  added that "I for one have an open mind as to how these
                  questions should be answered."
                   
                  See also, statement
                  by Commissioner Michael Copps. | 
               
             
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                | FCC Postpones Issuance of
                  UWB Report and Order | 
               
              
                12/12. The Federal
                  Communications Commission (FCC) had originally included on
                  the agenda for its meeting of December 12 a First Report and
                  Order to provide for new ultra wideband (UWB) devices.
                  However, this item was removed from the agenda earlier in the
                  week. This is ET Docket No. 98-153.
                   
                  Michael Gallagher, Deputy Assistant Secretary of Commerce,
                  stated in a release
                  that "We appreciate the Federal Communications
                  Commission's (FCC's) recognition of the importance of
                  developing a unified government approach on Ultrawideband. We
                  will continue to work quickly and hard to achieve the proper
                  balance between protecting the national security and meeting
                  21st century technology needs." | 
               
             
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                | Economic Stimulus Bill and
                  Tech | 
               
              
                12/12. The Senate Republican High Tech Task Force wrote a
                  letter to House and Senate negotiators for the "economic
                  stimulus" package requesting that they include the
                  language contained in S 88,
                  the Broadband Internet Access Act of 2001. The group argued
                  that this bill would promote broadband deployment, stimulate
                  the economy, and close a "digital divide".
                   
                  The Telecommunications
                  Industry Association (TIA) also wrote a letter
                  to House and Senate leaders asking that the "economic
                  stimulus" legislation include not only the language of S 88,
                  but also "a 30 percent depreciation deduction for capital
                  expenses on IT equipment and a five year net operating loss (NOL)
                  carry back provision."
                   
                  S 88 is sponsored by Sen.
                  Jay Rockefeller (D-WV), and 64 other Senators. It would
                  provide tax credits for deployment of broadband facilities in
                  rural and underserved areas. Specifically, it would provide a
                  credit of 10% of the qualified expenditures incurred by the
                  taxpayer with respect to qualified equipment with which
                  "current generation" broadband services are
                  delivered to subscribers in rural and underserved areas. It
                  would also provide a credit of 20% of the qualified
                  expenditures incurred by the taxpayer with respect to
                  qualified equipment with which "next generation"
                  broadband services are delivered to subscribers in rural
                  areas, underserved areas, and to residential subscribers.
                   
                  "Current generation" broadband services is defined
                  in the bill as the transmission of signals at a rate of at
                  least 1.5 Million bits per second (Mbps) downstream, and at
                  least 200,000 bits per second upstream. "Next
                  generation" broadband services is defined as at least 22
                  Mbps downstream and 5 Mbps upstream. | 
               
             
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                | GAO Releases Report on
                  Computer Controls at FRB | 
               
              
                | 12/12. The GAO
                  released a letter
                  [PDF] to the Board of Governors of the Federal Reserve System
                  regarding "Federal Reserve Banks: Areas for Improvement
                  in Computer Controls". | 
               
             
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                | FTC Releases Further
                  Guidance on Privacy Provision of GLB | 
               
              
                | 12/12. The Federal Trade
                  Commission (FTC) published a document
                  titled "Frequently Asked Questions for the Privacy
                  Regulation: December 2001". The document states that its
                  purpose is "to assist financial institutions in complying
                  with the privacy provisions of the Gramm Leach Bliley Act (GLB
                  Act) and the Commission's financial privacy regulation."
                  This is a staff guidance. | 
               
             
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                | People and Appointments | 
               
              
                12/12. House Majority Leader Dick Armey (R-TX)
                  announced that he will retire at the end of the 107th
                  Congress. See, statement.
                   
                  12/7. James
                  Rogan was sworn in as head of the USPTO.
                   
                  12/12. President Bush nominated Raymond
                  Orbach to be Director of the Office of Science at the
                  Department of Energy, which includes the Office
                  of Advanced Scientific Computing Research. Orbach is a
                  Professor of Physics and Chancellor of the University of California at
                  Riverside (UCR). He specializes in experimental and
                  theoretical condensed matter physics. See, White
                  House release and UCR
                  release.
                   
                  12/12. President Bush announced his intent to appoint the
                  following people to the Presidents Council
                  of Advisors on Science and Technology (PCAST): Charles
                  Arntzen (ASU), Norman
                  Augustine (Princeton), Carol
                  Ann Bartz (P/CEO of Autodesk), Kathleen Behrens, Erich
                  Bloch, Stephen Burke (President of Comcast), Gerald Clough
                  (President of Georgia Tech), Michael
                  Dell (Ch/CEO of Dell), Raul Fernandez, Marye Anne Fox
                  (Chancellor of North Carolina State University), Martha Gilliland
                  (Provost of Tulane), Ralph Gomory
                  (President of the Sloan Foundation), Bernadine Healy, Robert
                  Herbold (EVP of Microsoft), Bobbie Kilberg (President of
                  the Northern Virginia Technology Council), Walter
                  Massey (Princeton), Gordon
                  Moore (Chairman Emeritus of Intel), Kenneth
                  Nwabueze (CEO of SageMetrics), Steven
                  Papermaster, Luis
                  Proenza (President of the University of Akron), George
                  Scalise (President of the Semiconductor Industry
                  Association), and Charles
                  Vest (President of MIT). The PCAST is an advisory
                  committee created by President Bush by Executive
                  Order 13226. It is Chaired by Floyd Kvamme.
                  See, White
                  House release.
                   
                  12/11. The Senate confirmed John Bates to be a U.S.
                  District Judge for the District of Columbia, Kurt
                  Engelhardt to be a U.S. District Judge for the Eastern
                  District of Louisiana, and Julie Robinson to be a U.S.
                  District Judge for the District of Kansas. | 
               
             
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                | Rep. Boehlert Addresses
                  Cyber Security | 
               
              
                12/12. Rep.
                  Sherwood Boehlert (R-NY), the Chairman of the House Science Committee,
                  gave an address
                  to an Information Technology
                  Association of America (ITAA) conference titled
                  "Developing Cyber Security Solutions in the e-Gov
                  Era". Rep. Boehlert used the occasion to discuss HR
                  3394, the "Cyber Security Research and Development
                  Act", which is sponsored by Rep. Boehlert and Rep. Ralph Hall
                  (D-TX), the ranking Democrat on the Committee. It would
                  authorize the funding of new research and education programs
                  pertaining to cyber security.
                   
                  Rep. Boehlert stated that "HR 3394 is designed to attract
                  current researchers into the field of cyber security and to
                  create a cadre of students who will become the next, we hope
                  more numerous, generation of researchers. And the bill is
                  designed to promote risky research that can get beyond the
                  current paradigms in cyber security design". | 
               
             
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                | Senate Finance Committee
                  Approves Trade Promotion Authority Bill | 
               
              
                12/12. The Senate
                  Finance Committee approved its
                  version [75 pages in PDF] of HR 3005,
                  the Bipartisan Trade Promotion Authority Act of 2001, by a
                  vote of 18 to 3.
                   
                  The Committee will meet again on Thursday, December 13, to
                  complete action on this bill. The Committee voted early
                  because Sen. Robert Byrd
                  (D-WV), the leading opponent of free trade in the Senate,
                  invoked a rarely used rule to shut down the meeting. Sen. Charles Grassley
                  (R-IA), the ranking Republican on the Committee, stated
                  afterwards that Sen. Byrd "invoked a Senate rule that
                  prohibits committees from meeting two hours after the Senate
                  convenes. Because of the time limit, Finance Committee members
                  voted to approve the trade promotion authority legislation
                  subject to amendment. It is uncertain whether or not
                  amendments will become part of the bill before it is taken up
                  by the full Senate."
                   
                  The three negative votes were cast by Sen. Jay Rockefeller
                  (D-WV), Sen. Kent Conrad
                  (D-ND), and Sen.
                  Robert Torricelli (D-NJ). One of the votes in favor was
                  cast by Sen. Tom Daschle
                  (D-SD), the Senate Majority Leader. Whether he will promptly
                  schedule this bill for a vote in the full Senate is a separate
                  question. Secretary of Commerce Donald Evans, who has been
                  lobbying Members of Congress on this bill, said in a release
                  that "I hope Senator Daschle's support in Committee means
                  the Senate will vote on TPA as soon as possible." | 
               
             
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                | Subscriptions | 
               
              
                | Starting on January 1, 2002, the Tech Law Journal Daily
                  E-Mail Alert will be a subscription based service. All persons
                  who have already subscribed, or who subscribe before December
                  31, 2001, will be kept on the subscription list until December
                  31, 2001. The basic rate for a subscription is $250 per year.
                  However, there are discounts for entities with multiple
                  subscribers. Free one month trial subscriptions are available.
                  Also, free subscriptions are available for law students,
                  journalists, elected officials, and employees of the Congress,
                  courts, executive branch. The TLJ web site will remain a free
                  access web site. No hyperlinks will be broken. However, copies
                  of the TLJ Daily E-Mail Alert and news items will not be
                  published in the web site until one month after writing. See, subscription
                  information page. | 
               
             
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                | About Tech Law Journal | 
               
                Tech Law Journal is a free access web site and e-mail alert
                  that provides news, records, and analysis of legislation,
                  litigation, and regulation affecting the computer and Internet
                  industry. This e-mail service is offered free of charge to
                  anyone who requests it. Just provide TLJ an e-mail address. 
                   
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                  Contact: 202-364-8882; E-mail. 
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                  Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
                  rights reserved. | 
               
             
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                | Thursday, Dec 13 | 
               
              
                Day one of a two day conference titled the "19th Annual
                  Institute on Telecommunications Policy & Regulation".
                  See, schedule, below. Location: International Trade Center.
                   
                  9:15 AM - 4:30 PM. The International
                  Trademark Association will host a CLE program titled
                  "Trademark Trial and Appeal Board (TTAB) Practice for
                  Advanced Practitioners Forum." The price to attend is
                  $395. See, brochure
                  and agenda.
                  Location: Crystal Gateway Marriott, 1700 Jefferson Davis
                  Highway, Arlington, VA.
                   
                  10:00 AM. The Senate
                  Judiciary Committee will hold a business meeting. The
                  agenda includes confirmation of judicial and U.S. Attorney
                  nominees. Location: Room 226, Dirksen Building.
                   
                  10:00 AM. The House
                  Judiciary Committee's Subcommittee on Courts, the Internet
                  and Intellectual Property will hold the second part of a two
                  part hearing titled "The Digital Millenium Copyright Act:
                  Section 104 Report." The witnesses will be Marybeth
                  Peters (Register of Copyrights), Marvin Berenson (Broadcast Music Inc.), Jonathan
                  Potter (Digital Media
                  Association), and Gary Klein (Consumer
                  Electronics Association). Location: Room 2141, Rayburn
                  Building.
                   
                  10:00 AM. The Senate
                  Finance Committee will meet to complete its consideration
                  of its
                  version [75 pages in PDF] of HR 3005,
                  the Bipartisan Trade Promotion Authority Act of 2001. The
                  Committee approved the bill by a vote of 18 to 3 on December
                  12, but may pass further amendments. Location: Room 215,
                  Dirksen Building.
                   
                  10:00 AM. The Federal Election
                  Commission (FEC) will meet. The agenda includes adoption
                  of a request for public comments on proposed voluntary
                  guidelines for computer based voting systems. This item
                  is scheduled for 10:45 AM. See, FEC release.
                  Location: FEC, Commission Meeting Room, 999 E. St., NW, 9th
                  floor.
                   
                  2:00 PM. The Progressive
                  Policy Institute (PPI) and the NanoBusiness Alliance
                  will jointly host a panel discussion on the public policy
                  implications of emerging science and business of nanotechnology.
                  The panelists will be Rob Atkinson (PPI), Mark Modzelewski (NanoBusiness
                  Alliance), Mike Roco (National Nanotechnology Initiative),
                  Steve Johns (Ardesta Capital),
                  Meyya Meyyapan (NASA
                  Ames Center for Nanotechnology), Steve Wilson (NYU Center
                  for Advanced Materials and Nanotechnology), Stephan
                  Maebius (Foley and Lardner Law), and Josh Wolfe (Lux Capital). Location:
                  Capitol Building, Room SC4.
                   
                  2:00 PM. House Science
                  Committee Chairman Sherwood Boehlert
                  (R-NY) will hold a "Year-end Q&A". This will be
                  an on the record question and answer session on Committee
                  business, accomplishments and plans for next year. Location:
                  Room 2318, Rayburn Building.
                   
                  6:00 PM. The FCBA will
                  hold its 15th Annual FCBA Chairman's Dinner. The reception
                  begins at 6:00 PM; dinner begins at 7:30 PM. Location:
                  Washington Hilton & Towers, 1919 Connecticut Ave., NW. | 
               
             
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                19th Annual Institute on
                  Telecommunications Policy & Regulation: 
                  First Day: Dec 13 | 
               
              
                | 9:00 AM. Welcome by Margaret Tobey (FCBA). | 
               
              
                | 9:10 AM. Overview by Henry Rivera, Clark Wadlow, and Richard
                  Wiley. | 
               
              
                | 9:15 AM. Congressional Keynote by Rep. Billy Tauzin
                  (R-LA), Chairman of the House Commerce Committee. | 
               
              
                | 9:50 AM. Keynote by FCC Commissioner Kathleen
                  Abernathy. | 
               
              
                | 10:40 AM. Wireline Telephone Tutorial by Dorothy Attwood
                  (FCC). | 
               
              
                | 11:10 AM. Panel: Developments in Wireline Telephony. The
                  moderators will be Sue Blumenfeld and Henry Rivera. The
                  panelists will be Lauren Belvin, James Cicconi, Kyle Dixon,
                  Russell Frisby, Andrew Levin, and Jo Anne Sanford. | 
               
              
                | 12:15 PM. Luncheon Speaker: Charles James (DOJ Antitrust
                  Division). | 
               
              
                | 1:45 PM. Wireless Tutorial: Thomas Sugrue (FCC). | 
               
              
                | 2:15 PM. Panel: Developments in Wireless Telecommunications.
                  The moderators will be Karen Brinkmann and Clark Wadlow. The
                  panelists will be Diane Cornell, Brian Fontes, Michael
                  Kennedy, Jay Kitchen, Luisa Lancetti, and Peter Tenhula. | 
               
              
                | 3:30 PM. Internet Tutorial by Robert Pepper. | 
               
              
                | 4:00 PM. Panel: Internet Developments. The moderators will
                  be Laura Sherman and William Wiltshire. The panelists will be
                  Mark Cooper, Jack Krumholtz, Jill Lesser, Ira Parker, Orson
                  Swindle, and Howard Waltzman. | 
               
             
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                | Friday, Dec 14 | 
               
              
                The House has tentatively scheduled a vote on HR
                  1542, the Tauzin Dingell bill.
                   
                  8:30 - 10:00 AM. The American
                  Enterprise Institute (AEI) will host a press breakfast on
                  "The Role of the FCC in Restricting the Ownership of
                  Licenses". Harold
                  Furchtgott Roth and other AEI scholars will speak. RSVP to
                  Veronique Rodman at 202 862-4871 or vrodman@aei.org. Location:
                  AEI, 1150 17th Street, NW, 11th Floor Conference Room.
                   
                  Day two of a two day conference titled the "19th Annual
                  Institute on Telecommunications Policy & Regulation".
                  See, schedule, below. Location: International Trade Center. | 
              
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                19th Annual Institute on
                  Telecommunications Policy & Regulation: 
                  Second Day: Dec 14 | 
               
              
                | 9:00 AM. Tutorial on FCC Legal Issues by Jane Mago and John
                  Rogovin. | 
               
              
                | 9:45 AM. Tutorial on International Issues by Donald Abelson
                  and David Gross. | 
               
              
                | 10:45 AM. Debate: The 1996 Telecommunications Act: A Failure
                  or a Success? The moderator will be Peter Shields. The
                  debaters will be Jeffrey Eisenach and David Leach. | 
               
              
                | 11:30 AM. Panel: Telecommunications Future. The moderators
                  will be Michele Farquhar and Richard Wiley. The panelists will
                  be Scott Cleland, Peter Fannon, Dale Hatfield, William
                  Kennard, Scott Marcus, and Alexandra Wilson. | 
               
             
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