| Trade Promotion Authority
News |
4/12. Sen. Orrin Hatch
(R-UT) spoke in the Senate regarding trade promotion authority
(TPA). He said that "It is my hope that the majority
leader will give us a date certain when the Senate will have
the opportunity to act on this important legislation. I hope
that we pass TPA before Memorial Day."
TPA, which is also known as fast track, would give the
President authority to negotiate trade agreements which can
only be voted up or down, but not amended, by the Congress.
TPA would strengthen the bargaining position of the President,
and the U.S. Trade
Representative (USTR), in trade negotiations with other
nations. It would benefit U.S. industries, including
technology industries, that export their products.
The House passed its TPA bill, HR 3005,
the Bipartisan Trade Promotion Authority Act of 2001, by a
roll call vote of 215 to 214, on December 6, 2001. The Senate Finance
Committee passed its version of the bill later in
December. Senate Majority Leader Tom Daschle has yet to
schedule the bill for consideration by the full Senate.
Sen. Hatch extolled the virtues of free trade at length. He
also commented on amendments to the bill. He stated that
"I recognize that the reality is that the Senate will in
all likelihood also act favorably on Trade Adjustment
Assistance legislation -- TAA -- or the TPA bill will stall.
So be it. I am for both TPA and TAA in any order, tied or
untied. But let me be clear, I am not for a loaded up TAA bill
with health care provisions." See, Cong. Rec., April 12,
2002, at S2627-8.
TAA is provided for in Chapter
12 of the Trade Act of 1974, 19 U.S.C. § 2101, et seq.
See also, the Department of Labor's Employment and Training
Administration's summary
of TAA.
Also on April 12, Rep.
Anna Eshoo (D-CA) and other 25 other House Democrats wrote
a letter
to President Bush regarding TPA and TAA.
They wrote that "While we strongly support trade, we
understand that there are inevitable shifts in our economy
that can result in displaced workers who need assistance and
retraining to re-enter the job market. When TAA was
established in 1962 the federal government committed itself to
assisting workers dislocated by international trade."
They continued that "As cosponsors of H.R. 3670,
we urge you to embrace fundamental changes to TAA. Our bill
would broaden TAA eligibility to include coverage for
secondary workers."
Twenty-one of the Members who signed the letter voted against
HR 3005, the House TPA bill: Rep. Anna Eshoo (D-CA), Rep. Adam
Smith (D-WA), Rep. Zoe Lofgren (D-CA), Rep. Sam Farr (D-CA),
Rep. Peter Visclosky (D-IN), Rep. George Miller (D-CA), Rep.
Harold Ford (D-TN), Rep. Jane Harman (D-CA), Rep. Karen
Thurman (D-FL), Rep. Lucille Allard (D-CA), Rep. Robert Brady
(D-PA), Rep. James Barcia (D-MI), Rep. Silvestre Reyes (D-TX),
Mike Honda (D-CA), Rep. Corrinne Brown (D-FL), Rep. David Wu
(D-OR), Rep. Ellen Tauscher (D-CA), Rep. Ron Kind (D-WI), Rep.
David Price (D-NC), and Rep. Dale Kildee (D-MI).
Only five of the signers voted in favor of passage: Rep. Ken
Bentsen (D-TX), Rep. Jim Davis (D-FL), Rep. James Moran
(D-VA), Rep. Baron Hill (D-IN), and Rep. Cal Dooley (D-CA).
On April 10, Sen. Evan Bayh
(D-IN), Sen. Richard
Durbin (D-IL), and Sen.
Mark Dayton (D-MN) introduced S 2088,
an untitled bill to provide for industry wide certification
for trade adjustment assistance. It was referred to the Senate
Finance Committee. |
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| SEC Adopts Internet Related
Rule Proposals |
4/11. The Securities and
Exchange Commission (SEC) adopted by votes of 3-0 two
Internet related items regarding web site access to periodic
SEC filings, and online investment advisors.
First, the SEC announced in a release
that it "will issue for comment its proposals to
accelerate the periodic report filing dates for domestic
issuers and to require disclosure concerning Web site access
to these reports." In particular, the SEC proposals would
"require companies subject to the accelerated filing
deadlines to disclose in their Form 10-K filings how investors
can access company filings."
Companies would be required to disclose four items:
"Whether it makes its periodic reports available free of
charge on its Web site no later than the same day such
material is electronically filed with or furnished to the
Commission", "If the company does not make its
filings available on its Web site, the reasons why",
"Disclosure of the company's Web site address, if it has
one", and "Other information regarding availability
of the company's filings, including whether the company will
provide electronic or paper copies of its filings free of
charge upon request."
Second, the SEC "will issue its proposed rule amendments
that would allow online investment advisers to register with
the Commission, relieving them of the time and costs
associated with state by state registration for public
comment. The amendments would apply to Internet based advisers
that provide substantially all of their investment advice
through interactive Web sites where clients can enter their
personal financial information and receive personalized
investment advice based on a series of computer
algorithms."
The SEC explained that since "online investment advisers
typically do not manage client assets, they are currently
ineligible for SEC registration, which requires that advisers
manage at least $25 million. As a result, according to SEC
staff cost benefit analysis, Internet based firms may need to
spend $50,000 a year to register in every state and comply
with varying state law requirements. In recommending the
proposed amendments to the Commission, the Division noted that
the demand for Internet based investment advice could grow in
the next several years as employers respond to the increasing
demand for independent advice from their pension plan
participants. |
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| Antitrust and Intellectual
Property |
4/10. Sen. Orrin Hatch
(R-UT) and Sen. Charles
Schumer (D-NY) introduced S
2082, the Playwrights Licensing Relief Act of 2002, a bill
to modify the application of the antitrust laws to permit
collective development and implementation of a standard
contract form for playwrights for the licensing of their
plays. It was referred to the Senate Judiciary
Committee, of which Sen. Hatch is the ranking Republican,
and Sen. Schumer is a member.
The bill would provide that "the antitrust laws shall not
apply to any joint discussion, consideration, review, action,
or agreement for the express purpose of, and limited to, the
development of a standard form contract containing minimum
terms of artistic protection and levels of compensation for
playwrights by means of (1) meetings, discussions, and
negotiations between or among playwrights or their
representatives and producers or their representatives; or (2)
joint or collective voluntary actions for the limited purposes
of developing a standard form contract by playwrights or their
representatives."
Sen. Hatch explained his bill in the Senate. "This bill
is necessary both to ensure the continued vitality of American
live theater and to protect the intellectual property and
artistic rights of playwrights. ... Playwrights and their
voluntary peer membership organization, the Dramatists Guild,
operate under the shadow of the antitrust laws, and
substantially without the ability to coordinate their actions
in protecting their interests. This has impeded playwrights'
ability to act collectively in dealing with highly organized
and unionized groups, such as actors, directors, and
choreographers, on the one hand, and the increasingly
consolidated producers and investors on the other." See,
Cong. Rec., April 10, 2002, at S2486. |
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| FCC Announces Agenda of
April 18 Meeting |
The FCC released the agenda for its April 18 open meeting.
It includes the following items:
Consideration of issues concerning Internet protocol relay
service as it relates to the Interstate Telecommunications
Relay Service Fund. CC Docket No. 98-67.
Consideration of a Notice of Proposed Rulemaking concerning
the rural health care universal service support mechanism. WC
Docket No. 02-60.
Consideration of a Report and Order and Further Notice of
Proposed Rulemaking to implement sharing among multiple
licensees in a new service capable of providing broadband
access to the Internet over satellite facilities. IB Docket
No. 01-96.
A report from the International Bureau on its role in the ITU
World Telecommunications Development Conference, which
concluded March 27, 2002. |
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| NTIA Director Addresses 3G,
Broadband and ICANN |
4/12. National
Telecommunications and Information Administration (NTIA)
Director Nancy
Victory gave a speech
to the Federal Communications
Bar Association (FCBA) in Washington DC. She reviewed the
responsibilities of the NTIA, and listed the NTIA's priorities
regarding spectrum management, broadband deployment, and the Internet Corporation for Assigned
Names and Numbers (ICANN).
3G Wireless Services. Third generation (3G) wireless
services are intended to bring broadband Internet access to
portable devices. Victory stated that "With the FCC and
DoD, NTIA is in the midst of conducting an assessment of the
viability of making certain spectrum (1710-1770 and 2110-2170
MHz) available for 3G. We are looking into the extent to which
the spectrum can be shared or cleared, the time frame for
doing so and the cost. We hope to complete this assessment
within the next two months. ...We will also continue to try to
identify and urge the elimination of outdated and unnecessary
regulations that limit the ability of existing licensees to
maximize the use of their spectrum."
Broadband Deployment. Victory stated that "We in
the Administration continue to be focused on how to remove
obstacles to broadband deployment and how to ensure the
development of sustained competition in the broadband
marketplace. ... We have already identified rights of way
regulation reform as an important issue and are working with
industry, the states and localities to underscore best
practices and eliminate worst ones."
ICANN. Finally, Victory addressed the ICANN. She said
that "The creation of ICANN as a private sector entity to
administer the global Internet has often been referred to as
``the great experiment.´´ ICANN has accomplished a great
deal in its first few years of existence, yet all would agree
that the road has been far from smooth. ICANN is now in the
process of re-examining its mission and its structure. NTIA
will participate in this process both through its contractual
relationship with ICANN and through its membership in ICANN's
Government Advisory Committee. NTIA's goal in doing so is to
ensure that the Internet remains stable and secure, and that
the mechanism for managing the Internet is sustainable over
the long term." |
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| Sen. Baucus Introduces
Rural Spectrum Bill |
4/9. Sen. Max Baucus
(D-MT) and Sen. Tim
Johnson (D-SD) introduced S
2075, the Rural Electromagnetic Spectrum Access Act of
2002 (RESA), a bill to facilitate the availability of
electromagnetic spectrum for the deployment of wireless based
services in rural areas. The bill was referred to the Senate Commerce
Committee.
It would amend 47
U.S.C. § 309j by providing that "In order to
facilitate the deployment of wireless based services in rural
areas, the Commission shall, when more than one license is
available (as determined by the Commission) within a single
block of the electromagnetic spectrum, award at least one
license in such block of spectrum for a rural service area
(RSA) or similarly sized geographic area." (Parentheses
in original.)
Sen. Baucus spoke about his bill in the Senate. He stated that
"Wireless communications is revolutionizing the way we
communicate. It allows us to place calls from anywhere in the
world to anywhere in the world. We can check our favorite
websites, and even stay in touch with family and friends
through email, all without a phone line."
He continued that "Due to the way the FCC distributes
spectrum, rural America is finding it more and more difficult
to get quality wireless service. The current system
distributes spectrum on very large geographic areas, which in
effect, inhibits certain carriers from participating in
wireless auctions. Since the geographic licensing areas are so
large and the price for the spectrum is equally as large,
rural carriers often find it difficult bidding on the
spectrum. My legislation will correct this inequity."
He concluded that "RESA requires the Federal
Communications Commission, in future auctions, to distribute
spectrum on smaller geographic levels. It does not favor one
type of carrier over another, or pick which carrier can serve
which areas. Rather, it simply allows carriers to bid on
spectrum that they find difficult under today's system."
See, Cong. Rec., April 9, 2002, at S2414. |
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| Spectrum Auctions 31 and 34 |
4/10. Tom Sugrue, Chief of the Federal
Communications Commission's (FCC) Wireless
Telecommunications Bureau, sent a letter
[PDF] to Tom Wheeler, P/CEO of the Cellular Telecommunications
& Internet Association (CTIA) denying the CTIA's
request for an indefinite postponement of the FCC's auction of
licenses in the Upper and Lower 700 MHz bands, Auction Numbers
31 and 44.
The CTIA's Wheeler criticized this FCC decision. He stated in
a release
that "it is mind boggling that the FCC would deny an
auction delay that was requested in the President's budget,
assumed by the Senate Budget Committee, and that would help
provide better public safety ... Going forward with a June
auction severely limits the ability to develop a rational
spectrum management policy. Once this valuable block of
spectrum had the potential to be part of the solution to the
spectrum crisis; this decision just made it part of the
problem."
Entities seeking to participate in Auction Nos. 31 and 44 must
submit short form applications by May 8, 2002. |
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| People and Appointments |
4/11. The Senate
Judiciary Committee voted 19-0 to confirm three judges: Terrence
O'Brien (U.S. Court of Appeals for the Tenth Circuit), Lance
Africk (U.S. District Court for the Eastern District of
Louisiana), and Legrome Davis (U.S. District Court for
the Eastern District of Pennsylvania). These nominees still
require confirmation by the full Senate.
4/12. The Senate confirmed five U.S. Attorneys: Michael
Shelby (Southern District of Texas), Jane Boyle
(Northern District of Texas), Matthew Orwig (Eastern
District of Texas), James Comey (Southern District of
New York), and Thomas Marino (Middle District of
Pennsylvania).
4/12. National
Telecommunications and Information Administration (NTIA)
Director Nancy
Victory announced that Jack Zinman will join the
NTIA as her Senior Advisor on May 1. He has worked at the Federal Communications Commission
(FCC) since 1997, most recently in the Common Carrier Bureau
on universal service issues, and before that, in the Wireless
Telecommunications Bureau on spectrum issues. See, Victory
speech.
4/12. AT&T announced the
appointment of Donald Teague to lead its sales team
providing communications and professional services to the
civil branch of the federal government. See, AT&T
release. |
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| More News |
4/11. The Senate
Judiciary Committee held an executive business meeting on
Thursday, April 11. The Committee had scheduled a vote on S
2031, Intellectual Property Protection Restoration Act of
2002, sponsored by Sen.
Patrick Leahy (D-VT) and Sen. Sam Brownback
(R-KS). However, at the request of Sen. Orrin Hatch (R-UT),
the matter was held over. The purpose of this bill is to
prevent states from infringing patents, copyrights and
trademarks. It would prevent states from recovering damages
for infringement of state owned intellectual property, unless
they have first waive their 11th Amendment sovereign immunity
from suits against them for their infringement of the
intellectual property of others.
4/12. Verizon announced
that it notified the Maryland
Public Service Commission (PSC) that it plans to file a Section
271 application with the Federal
Communications Commission (FCC) to offer in region
interLATA services in the state of Maryland. Verizon seeks the
Maryland PSC's support for providing long distance services.
4/12. Computer Associates
International (CAI) stated in a release
that "it has been informed that previously disclosed
inquiries by the United States Attorney's Office and
Securities and Exchange Commission are preliminary, that no
one has been identified as a target, and that no conclusions
have been reached." CAI stated also that "it
continues to believe that its accounting for revenues from
multiyear software licensing agreements, which it had
consistently applied since the early 1980s, was proper.
Recognizing such revenue up front was not only required by
GAAP but also consistent with the practice of most software
companies even today." |
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Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Monday, April 15 |
The House will meet in pro forma session at 2:00 PM.
The Senate will meet at 1:00 PM.
The Supreme Court returns from recess.
Extended deadline to submit comments to the FTC
regarding proposed changes to its Telemarketing Sales Rule.
See, notice
in Federal Register and FTC release. |
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| Tuesday, April 16 |
The House will meet at 12:30 PM for morning hour and 2:00 PM
for legislative business. No votes are expected before 6:30
PM. The House will consider a number of measures under
suspension of the rules.
9:30 AM. The Senate
Commerce Committee will hold a hearing to examine the Technology Administration
and the National Institute of
Standards and Technology (NIST), including the Advanced
Technology Program. Location: Room 253, Russell Building.
10:00 AM. The Senate
Health, Education, Labor, and Pensions Committee will hold
a hearing to examine medical privacy issues. Location:
Room 216, Hart Building.
6:00 - 8:15 PM. The FCBA will
host a CLE seminar titled U.S. Spectrum Policy: Convergence
or Co-Existence? This is Part II of a two part series.
6:30 - 8:30 PM. The IP Law Forum of the Women's Bar
Association of DC (WBA) and the IP Section of the District of
Columbia Bar will host a panel discussion and reception titled
"What Judges Want: Effective Advocacy in Technology
Cases". The speakers will be Judge Paul Michel of the U.S. Court of Appeals (FedCir),
Judge Yvette Kane of the U.S. District Court (WDPenn), and
Judge Marvin Garbis of the U.S. District Court (DMd). The
price to attend is $40. For more information, contact the WBA
at 202 639-8880. Location: Auditorium, The Hirshhorn Museum,
7th Street and Independence Ave., SW. |
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| Wednesday, April 17 |
The House will meet at 10:00 AM for legislative business.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the SEC. Location:
Room H-309, The Capitol.
2:00 PM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the FCC. Location:
Room H-309, The Capitol.
9:00 AM. Oral argument on cross motions for summary judgment
in Swedenburg
v. Kelly, a constitutional challenge by a Virginia winery
and wine consumers to New York State's liquor control law,
which prohibits out of state wineries from selling directly to
New York residents, including via the Internet. Location: U.S.
District Court, Southern District of New York, New York, NY.
9:30 AM - 12:00 NOON. The U.S. International
Telecommunication Advisory Committee (ITAC), which advises
the Department of State on
policy and technical issues with respect to the International Telecommunication
Union (ITU), will meet to prepare for the June 2002
meeting of the Telecommunication Sector Advisory Group (TSAG).
Location: Alliance for
Telecommunications Industry Solutions (ATIS), 1200 G
Street NW, Suite 350.
10:00 AM. The FEC will hold a
hearing regarding voting system standards. See, notice
in Federal Register.
12:15 PM. The FCBA's
Mass Media Committee will host a brown bag lunch. The speaker
will be Jane Mago, FCC General Counsel. RSVP to: kdole @npr.org. Location: 1st
Floor, NPR, 635 Mass Ave., NW.
12:15 PM. The FCBA's
Online Communications Committee will host a brown bag lunch.
The speaker will be Scott
Marcus, Senior Advisor for Internet Technology at the Federal Communications Commission's
(FCC) Office of Plans and
Policy. The title will be "Broadband, When? -- A View
from OPP". RSVP to Scott Harris at sharris
@harriswiltshire.com. Location: Wiley Rein & Fielding, 1776
K St., NW, 4th Floor Conference Room.
2:00 - 3:00 PM. The FCBA's
International Practice Committee will host an event titled
"Today's International Issues". The speaker will be FCC
Commissioner Michael
Copps. RSVP to Scott Harris.
Location: FCC, 445 12th Street, SW. |
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| Thursday, April 18 |
The House will meet at 10:00 AM for legislative business.
8:30 AM. Rep. Joe
Knollenberg (R-MI) will speak at a breakfast hosted by the
Greater Washington Board of Trade's Federal PAC and CapNet. RSVP to either JaimeHjort @bot.org or
202 857-5909. Location: Greater Washington Board of Trade
Board Building, 1129 20th Street, NW, Suite 200.
8:30 AM - 4:00 PM. The Progress
and Freedom Foundation will host an event titled
"Digital Online Content: Creating a Market that
Works". James
Rogan, Undersecretary of Commerce for Intellectual
Property, will speak. Location: J.W. Marriott Hotel, 1331
Pennsylvania Ave, NW.
9:30 AM. The FCC will hold a
meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission
Meeting Room).
9:30 AM. The Senate
Commerce Committee will hold an executive session.
Location: Room 253, Russell Building.
9:30 AM - 12:00 NOON. The American
Enterprise Institute (AEI) will host a pair of panel
discussions titled "Gene Related Inventions: Evolving
Patent Standards and Their Consequences". The first panel
will address "Science, Economics, and Patent Law".
The panelists will be Lee Bendekgey (Incyte Genomics), Iain Cockburn
(Boston University), and Rochelle Seide (Baker Botts). The
second panel will be titled "Perspectives from the
Patents and Trademark Office and Capitol Hill". The
panelists will be John Doll (USPTO),
Chris Katopis (House Subcommittee on Courts, the Internet, and
Intellectual Property), Maureen Mellody (office of Rep. Howard Berman
(D-CA)), and Gerald
Mossinghoff (Oblon Spivak). See, agenda and online
registration page. Location: 12th Floor, AEI, 1150 17th
Street, NW.
Day one of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day one of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW. |
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| Friday, April 19 |
The House will not be in session.
9:00 AM - 5:15 PM. The George
Washington University Law School (GWULS) will host an
event titled Symposium on Patents and Standard Setting.
See, agenda
in GWULS web site, and at right. Registration is required. For
more information, contact Prof. Martin Adelman at madelman
@main.nlc.gwu.edu. Location: GWULS, Moot Court Room, 2000
H Street, NW.
12:00 NOON - 2:00 PM. The Progress
and Freedom Foundation will host an event titled
"Privacy Online: A Report on the Internet Practices and
Policies of Commercial Websites". Location: Rayburn
House Office Building.
Day two of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day two of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW.
Deadline to submit reply comments to the FCC (FCC)
regarding its annual report to Congress regarding progress
made in achieving the objectives of the Open Market
Reorganization for the Betterment of International
Telecommunications Act (ORBIT Act), 47 U.S.C. § 646. The next
FCC Orbit Act report is due to Congress on June 15, 2002. See,
FCC
notice [PDF].
Deadline to register to attend the "Copyright
Conference" hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Registration is required. |
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