Tech Law Journal Daily E-Mail Alert
May 13, 2002, 9:00 AM ET, Alert No. 430.
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Trade Promotion Authority Moves Closer to Passage in Senate
5/10. Sen. Max Baucus (D-MT) stated in a release [PDF] that "we have reached a compromise on fast track, Trade Adjustment Assistance, Andean trade, and the Generalized System of Preferences, or GSP." He added that "Senator Grassley and I -- along with the Administration -- were able to reach and agreement that I believe will gain very broad bipartisan support."
The House passed its version of the bill, HR 3005, on December 6, 2001. Trade Promotion Authority (TPA), which is also know as fast track, would give the President authority to negotiate trade agreements which the Congress can then approve or reject, but not amend. Sen. Baucus is the Chairman of the Senate Finance Committee, which has jurisdiction over TPA legislation. This Committee passed its version of the TPA bill in December by a vote of 18 to 3.
Sen. Baucus and Sen. Charles Grassley (R-IA), the ranking Republican on the Committee, also released a joint statement [PDF] summarizing the content of the agreement.
The agreement on Trade Adjustment Assistance (TAA) provides assistance on health care insurance. It extends the time period for which TAA pays out income support from 52 to 74 weeks. It expands eligibility to secondary workers. It extends TAA benefits when a U.S. manufacturing plant moves offshore. And, it expands benefits.
Sen. Judd Gregg (R-NH) commented on the compromise in a speech in the Senate on May 10. He addressed the health insurance provisions. "This is a huge, brand new entitlement being put together in the middle of the night -- this one especially in the middle of the night -- which has not been properly vetted and which has significant issues surrounding it."
He concluded: "The trade adjustment language in this bill raises very significant problems, and to hook it to the trade promotion authority raises the question: Is it worth the price of getting trade promotion authority to put in place these types of expansive public policy initiatives which involve huge implications on the expenditure side of our Government?"
President Bush gave a speech in Columbus, Ohio on May 10 at a Taft for Governor luncheon. He spoke about the Senate trade compromise. He stated that "I'm pleased that the Senate looks like they've got an agreement on a trade bill. This nation ought to be confident. We ought to be opening up markets all around the world to trade. It'll be good for our Ohio farmers to trade, it's good for Ohio small business people to trade. I hope Congress finally gets a trade promotion authority bill to my desk. Confident nations open up markets, they don't build walls around themselves. I'm confident that we're the best producers and innovators in many products, and therefore we ought to be selling our products around the world."
The U.S. High Tech Coalition on Trade Promotion Authority, a coalition of technology industry groups, stated in a release that it "is very pleased with this news and supports this compromise package." Cynthia Johnson, Chair of the Coalition, stated in the release that "This is a huge step toward reaching the goal of passing of TPA and, thus, enabling U.S. negotiators to pursue new agreements to open foreign markets critical to the U.S. high tech industry ... We still have a long way to go and will face some tough battles on amendments."
The Coalition added that it has several trade objectives, including "Tariff elimination on high tech products;  Strong intellectual property protections; Reform in the regulatory practices of our trade partners; Improved market access and non-discriminatory treatment for services; and Promotion of e-commerce."
Tom Donohue, P/CEO of the U.S. Chamber of Commerce, stated in a release that "The compromise made by the Senate and the White House shows that both sides know how important TPA is to our fragile economy.  Although, we would prefer this legislation to be a clean trade bill, we are pleased that we're one step closer to giving the U.S. the tools it needs to compete in the global marketplace. We will continue to work with the Senate to defeat any and all killer amendments to this compromise."
NTIA Director Discusses Spectrum Management
5/10. National Telecommunications and Information Administration (NTIA) Director Nancy Victory gave a speech titled "Telecommunications Challenges: The Telecom Tsunami". She spoke about "spectrum management".
She stated that "One pressing challenge for NTIA is ensuring that spectrum is available to fuel future wireless growth and to provide the increasingly indispensable infrastructure for our military, law enforcement and public safety needs."
She added that "we need to make a concerted effort to eliminate unnecessary government micromanaging of spectrum uses. This means taking a fresh look at legacy rules and restrictions to assess their ability to accommodate emerging technologies or spectrum needs."
She also identified the major spectrum issues. "First, there is the so called allocation for Third Generation wireless services -- the Internet on and off ramps for mobile communications -- better know as 3G. Second, there is the huge cloud of uncertainty hanging over the spectrum that television broadcasters will be surrendering as they migrate to the digital world of High Definition Television -- better known as HDTV or more recently ATV. Third, there is the spectrum currently shared between commercial SMR operators like Nextel, private radio users such as utilities, airlines and other companies, and public safety organizations."
She also told jokes, outlined the responsibilities of the NTIA, and advised her audience that "If Wall Street wants to have an impact on Pennsylvania Avenue, you better speak out and speak out loudly. Otherwise, you will have no one else to blame for being ignored as key policy decisions are being made." She spoke in New York City to the before the 16th Annual Global Communications Conference sponsored by Goldman Sachs.
DC Circuit Grants Rehearing En Banc in Ruggiero Case
5/10. The U.S. Court of Appeals (DCCir) issued an order in Ruggiero v. FCC granting an en banc rehearing. On February 8, a three judge panel of the Court of Appeals issued its split opinion holding unconstitutional the ban on issuance of low power FM radio broadcast licenses to anyone who has previously engaged in an unlicensed operation.
The set of people who have engaged in unlicensed broadcasting who may seek low power FM (LPFM) licenses is a very small and insignificant group. However, this case could have a broader impact. The en banc panel may provide an analysis of the application of the First Amendment to broadcast speech that affects a wider range of speakers.
The three judge panel previously held that the ban was unconstitutional under the First Amendment, but did articulate its rationale with clarity. Notably, it did not even identify the standard of review to apply.
The Federal Communications Commission (FCC) filed a petition for rehearing en banc. The Court granted the petition, without explanation. The Court issued an order that states that "Upon consideration of the respondents' petition for rehearing en banc, the response thereto, and the vote by a majority of the judges of the court in regular, active service in favor of the petition, it is ORDERED that the petition be granted. This case will be reheard by the court sitting en banc."
Background. The Radio Broadcasting Preservation Act of 2000 (RBPA) permanently prohibits anyone who ever "engaged in any manner in the unlicensed operation of any station in violation of ... the Communications Act of 1934" from obtaining a LPFM radio license from the FCC. Greg Ruggiero is a former pirate broadcaster who sought a low power FM license from the FCC. He argues that the statute and the FCC's implementing rules violate his First and Fifth Amendment rights.
Holding. The three judge panel held that the ban was constitutionally impermissible because of the relationship of the ban to the underlying purpose of the statute and implementing regulations. It found that the class of applicants banned from receiving low power FM licenses is under inclusive. It wrote, citing News America, that "we find the character qualification provision so poorly aimed at maximizing future compliance with broadcast laws and regulations as to ``raise[ ] a suspicion´´ that perhaps Congress's ``true´´ objective was not to increase regulatory compliance, but to penalize micro broadcasters' ``message.´´ "
The Court concluded that "we cannot sanction an automatic and permanent restriction on unlicensed broadcasters' future lawful speech without understanding why their misdeeds warrant a penalty so much more severe than that applied to any other misconduct. Yet neither the RBPA itself, nor the legislative history, nor the record in this case provides a satisfactory explanation. We thus have no choice but to declare the statute and the Commission's implementing regulation unconstitutional."
Split. Judge Tatel wrote the opinion. Judge Rogers joined. Judge Karen Henderson wrote a dissent. She wrote: "What could be more reasonable or logical than to suspect that those who ignored the Commission's LPFM broadcast regulations in the past are likely to do so in the future and therefore to head them off. ... I see no reason the legislature cannot permissibly tackle a single part of a perceived problem (including one touching on the First Amendment) through a statute, such as the one here, which is neither overinclusive nor underinclusive."
House Subcommittee Holds Hearing on IPR and Government R&D
5/10. The House Government Reform Committee's Subcommittee on Technology and Procurement Policy held a hearing titled "Intellectual Property and Government R&D for Homeland Security".
Rep. Tom Davis (R-VA), who presided at the hearing, stated that most leading information technology companies refuse to do research for the government because of intellectual property and red tape concerns.
He stated in his prepared testimony that "In an environment where private sector R&D spending accounts for almost three fourths of the total spent in the United States, the Government's role has changed to become a partner in innovation, rather than the sole driving force. Because IP right are the most valued assets of companies, the Government must ensure that its policies and procedures reflect this partnership for innovation."
Richard Carroll, of the Small Business Technology Coalition, testified that the prevailing attitude of the government is "We paid for it. We own it." Carroll said that "for small high tech companies in particular, the government culture of ``we pay for it, we own it´´ has a chilling effect on their interest in innovating for the government. Understand, that these companies are the most likely to bring forth the innovations needed to transform our defense systems, and to meet the needs of homeland defense with rapid, innovative, and affordable solutions. These new ideas represent the heart of their company's assets, and their ability to offer strong competitive alternatives to the status quo is clearly predicated on some level of intellectual property protection. If they lose that intellectual property because the government provides it to their competitors, the very survival of the company is threatened."
See also, prepared testimony [PDF] of Jack Brock of the General Accounting Office titled "Intellectual Property: Industry and Agency Concerns over Intellectual Property Rights".
House Crime Subcommittee Reschedules Hearing & Markup of Domain Names Bills
5/10. The House Judiciary Committee's Subcommittee on Crime has rescheduled for Friday, May 17, its meeting to hear testimony, and then mark up, HR 4640 and HR 4658.
HR 4640 is an untitled bill to provide criminal penalties for providing false information in registering a domain name on the Internet. HR 4658 is titled the Truth in Domain Names Act. The Crime Subcommittee had scheduled these bills for its hearing and mark up meetings on Thursday, May 9. However, they were removed from the agenda of both meetings, pursuant to the 24 hour notice rule.
House Judiciary Committee Schedules Mark Up of Tech Bills
5/10. The House Judiciary Committee has scheduled a meeting on Wednesday, May 15, to mark up several bills, including HR 4623, the Child Obscenity and Pormography Prevention Act of 2002, and HR 3215, the Combatting Illegal Gambling Reform and Modernization Act.
HR 4623 pertains to computer generated images. It was amended and approved by the Crime Subcommittee on May 9. It is on the fast track for approval by the full House before the Memorial Day recess.
HR 3215, which is Rep. Bob Goodlatte's (R-VA) latest attempt to restrict Internet gambling, has been scheduled for mark up, but held over, on several previous occasions.
House Judiciary Committee Approves Cyber Security Enhancement Act
5/8. The House Judiciary Committee amended and approved the Cyber Security Enhancement Act of 2001. See, HR 3482, as approved by the Committee.
The bill contains provisions relating to sentencing guidelines for computer hacking crimes, authority of Internet service providers (ISPs) and others to voluntarily disclosure the content of communications to law enforcement and other government entities, appropriations for the National Infrastructure Protection Center (NIPC), the creation of an Office of Science and Technology at the Department of Justice (DOJ), and other topics. The bill further amends several sections of the criminal code that were just recently amended by the USA PATRIOT Act, which is also known as the anti terrorism bill.
The Committee approved an amendment in the nature of a substitute offered by Rep. Lamar Smith (R-TX), the sponsor of the bill. The amendment changed the language of Section 102, regarding voluntary disclosures to law enforcement entities, which has been the most controversial section of the bill.
This section would amend 18 U.S.C. § 2702(b), regarding voluntary disclosure of the contents of communications. Currently, the statute provides that "A person or entity may divulge the contents of a communication ... (6) to a law enforcement agency ... (C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay."
The previous version of the bill, which was approved by the Crime Subcommittee on February 26, would have allowed disclosure "to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure of the information without delay."
The version just approved by the Judiciary Committee would allow disclosure "to a Federal, State, or local governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency."
Hence, the bill would lower the standard that ISPs and others must meet before they voluntarily release information -- from "reasonably believes" to "good faith". It also removes the immediacy requirement. It also expands the set of entities to which information can be released -- from "law enforcement agency" to "governmental entity". The change from the subcommittee version, to that just approved by the full committee, is that the full committee version restricts the information disclosed to "communications relating to the emergency".
The Committee also approved two amendments to the amendment in the nature of a substitute. First, the Committee approved an amendment offered by Rep. Bobby Scott (D-VA) that adds to Section 102 a requirement that "a government entity that receives a disclosure under this section shall file, no later than 90 days after such disclosure, a report to the Attorney General ..." It further provides that the Attorney General shall publish all such reports once per year in a report to the Congress.
The Committee also approved an amendment offered by Rep. Melissa Hart (R-PA) that would amend 18 U.S.C. § 3105 to provide that "The presence of an officer is not required for service or execution of a warrant under section 2703 when the provider of electronic communications service or remote computing service produces the information required in the warrant." That is, a law enforcement officer need not personally serve a search warrant on an ISP when the ISP provides the information that is sought in the warrant.
See also, "House Crime Subcommittee Approves Cyber Security Bill," in TLJ Daily E-Mail Alert No. 377, Feb. 27, 2002, and "House Committee Holds Hearing on Cyber Security Enhancement Act", in TLJ Daily E-Mail Alert No. 367, Feb. 13, 2002.
People and Appointments
5/9. The Senate confirmed four U.S. District Court Judges: Leonard Davis (Eastern District of Texas), Andrew Hanen (Southern District of Texas), Samuel Mays (Western District of Tennessee), Thomas Rose (Southern District of Ohio).
5/8. Marc Signorino was named Counsel for Technology Policy at the American Electronics Association. See, release.
More News
5/10. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Berkla v. Corel, an appeal involving punitive damages, attorneys fees and costs. The underlying case arises out of a dispute over electronic databases of digital images, and involves claims of copyright infringement, breach of contract, unfair business practices, and breach of confidence. Dennis Berkla designs electronic databases. Corel is a Canadian software company that makes CorelDraw and other applications. The jury awarded Berkla compensatory and punitive damages. The Court then disallowed the jury's award of punitives, and denied both parties' requests for attorneys fees and costs. The Court of Appeals affirmed in part and reversed in part.
5/7. Alltel announced that its audit committee appointed Price Waterhouse Coopers as the company's independent auditors to replace Arthur Andersen. See, release.
5/9. The Software & Information Industry Association (SIIA) announced that it acquired the New York New Media Association (NYNMA). See, SIIA release.
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Notices & Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All rights reserved.
Monday, May 13
The House will not be in session.
The Senate will meet at 3:00 PM for morning business, and at 4:00 PM to consider the nomination of Paul Cassell to be a U.S. District Judge. The Senate will then resume consideration of trade legislation.
The Supreme Court returns from recess.
Tuesday, May 14
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.
8:45 AM - 3:45 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program (ATP) Advisory Committee will hold a meeting that will be open in part, and closed in part. The agenda includes a discussion on universities and R&D technology issues, a presentation on In-Q-Tel (the CIA's Silicon Valley venture capital group), an update on the ATP competition, and a presentation on a study on the ATP Computer Based Software Focus Program. Pre-registration by May 9 is required for attendance; submit your name, time of arrival, e-mail address and phone number to Carolyn Stull at carolyn.stull or 301 975-5607. See, notice in Federal Register. Location: NIST, Administration Building, Lecture Room A, Gaithersburg, MD.
9:00 - 11:00 AM. The U.S. Chamber of Commerce (USCC), Ernst & Young, and the Internet Education Foundation (IEF) will co-host a forum on online privacy and the Platform for Privacy Preferences (P3P) created by the World Wide Web Consortium (W3C). Rep. Adam Smith (D-WA) will make opening remarks. There will be two panels. The first panel will address online privacy issues; the speakers will be Joe Rubin (USCC), Shane Ham (Progressive Policy Institute), and Ari Schwartz (Center for Democracy and Technology). The second panel will address P3P; the speakers will be Martin Marshall (IBM), Marc Berejka (Microsoft), Brian Tretick (Ernst & Young), and Brian Zwit (AOL). See, notice. RSVP by e-mail to rsvp, or call Joshua Freed (IEF) at 202 638-4370. Coffee and snacks will be provided. Location: Herman Lay Room, USCC, 1615 H Street, NW.
TIME CHANGE. 9:00 AM. The IRS will hold a hearing on proposed regulations relating to tax treatment of incentive stock options and options granted under employee stock purchase plan. See, original notice in the Federal Register. See also, supplemental notice rescheduling hearing time, Federal Register. Location: Auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW.
9:30 AM - 1:30 PM. George Washington University (Ashburn Campus) and the Computer and Communications Industry Association will co-host a pair of panels discussions. The first panel will address last mile broadband deployment. The second panel will address how to protect audio and video property rights. See, notice. For more information, contact Sandy Rose at 703 726-8310 or sandyr Location: 20101 Academic Way, Ashburn, VA. (This is east of Leesburg on the north side of Route 7, west of Route 28.)
9:30 AM - 4:00 PM. The Antitrust Division of the Department of Justice and the FTC will hold another in their series of hearings on antitrust and intellectual property. This event is titled "Antitrust Analysis of Licensing Practices". At 9:00 AM there will be a panel titled "Antitrust Analysis of Specific Intellectual Property Licensing Practices". At 1:30 PM there will be a panel titled "Practical Issues Encountered in Antitrust Analysis of Licensing Practices". The DOJ requires that attendees provide their name and date of birth 24 hours in advance to Kathleen Leicht at kathleen.leicht or 202 514-7018. For more information, contact Gina Talamona in the Office of Public Affairs at 202 514-2007, or Frances Marshall in the Antitrust Division at 202 305-2520. Location: Great Hall, Department of Justice, Main Building, 950 Pennsylvania Ave., NW.
10:00 AM. The Senate Indian Affairs Committee and the Senate Commerce Committee will hold a joint hearings on communications issues in Indian country.
10:00 AM. The Senate Banking Committee will hold a hearing on the Annual National Export Strategy Report of the Trade Promotion Coordinating Committee (TPCC). The scheduled witnesses include: Donald Evans (Secretary of Commerce), Eduardo Aguirre (Export Import Bank), Hector Barreto (SBA), Peter Watson (Overseas Private Investment Corporation), and Thelma Askey (U.S. Trade and Development Agency). Location: Room 538, Dirksen Building.
Deadline to submit oppositions and responses to the FCC in its AT&T Comcast merger review proceeding. This proceeding is titled "In the Matter of Applications for Consent to the Transfer of Control of Licenses, Comcast Corporation and AT&T Corp., Transferors, To AT&T Comcast Corporation, Transferee". See, FCC notice.
Wednesday, May 15
The House will meet at 10:00 AM for legislative business.
8:45 - 9:30 AM. FTC Commissioner Orson Swindle will give the opening keynote address titled "The Urgency of Security In A Networked World" at the Information Integrity World Summit. See, notice. Location: Wyndham Washington, 1400 M Street NW.
9:30 AM. The Senate Judiciary Committee will hold a hearing to examine copyright royalties and webcasting. Press contact: Mimi Devlin 202 224-9437. Location: Room 226, Dirksen Building.
9:30 AM - 12:00 NOON. The U.S. International Telecommunication Advisory Committee, which advises the Department of State on policy and technical issues with respect to the International Telecommunication Union, will meet to prepare for the June 2002 meeting of the Telecommunication Sector Advisory Group. Location: TIA, 1300 Pennsylvania Ave., NW., Suite 350.
POSTPONED. 11:00 AM. The Cato Institute will host a panel discussion titled "Digital Copy Protection: Mandate It? Ban It? Or Let the Market Decide?" The speakers will be Rick Lane (News Corporation), Jonathan Potter (Digital Media Association), Sarah Deutsch (Verizon), and Steve DelBianco (Association for Competitive Technology).
10:00 AM. The House Judiciary Committee has scheduled a meeting to mark up several bills, including HR 4623, the Child Obscenity and Pormography Prevention Act of 2002 (which pertains to computer generated images), and HR 3215, the Combatting Illegal Gambling Reform and Modernization Act (Goodlatte Internet gambling bill). Audio webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
11:00 AM. The Digital Empowerment Campaign (DEC) will hold a press conference to advocate more federal spending for technology related grant programs, including the NTIA's Technology Opportunities Program and the Education Department's Community Technology Centers program. The DEC is a coalition that includes the Leadership Conference on Civil Rights (LCCR), the National Urban League, and other groups. For more information, contact Cory Smith (LCCR) at 202 466-4281 or csmith, or Rosia Lawrence (PolicyLink) at 212 629-9570 ext. 204 or rosia See, DEC notice. Location: Senate Swamp (across the parking lot from the main Senate entrance).
12:30 PM? The Association of Federal Communications Consulting Engineers will hold a luncheon meeting. For more information, contact Noel Luddy at luddyen or 301 299-2270.
7:30 PM. There will be a panel discussion titled "Tech Talk: Information Security and Information Warfare". The panelists will be Robert Norris (National Defense Univ.), Daniel Kuehl (National Defense Univ.), and Lance Hoffman (George Washington Univ.). The event is free, but reservations are required. Call 202 662-7501 or email pnelson for reservations. For more information, contact Laura Falacienski at 202 662-7564 or lauraf Location: National Press Club, Murrow Room, 529 14th St. NW, 13th Floor.
Deadline to submit comments to the USTR regarding the requests of 23 nations to join the WTO. See, notice in Federal Register.
Deadline to submit comments to the USPTO regarding its plan to disseminate all future editions of the Trademark Manual of Examining Procedure solely in electronic format. See, notice in Federal Register.
Thursday, May 16
The House will meet at 10:00 AM for legislative business.
9:30 AM. The Senate Commerce Committee will hold a meeting to mark up bills. The agenda may include S 2037, a bill providing for the establishment of a national emergency technology guard, and S 2182, the Cyber Security Research and Development Act, a bill to authorize funding for computer and network security research and development and research fellowship programs. The agenda may also include S 630, the Can Spam Act. See, Sen. Burns release. Press contact: Andy Davis at 202 224-6654. Location: Room 253, Russell Building.
9:30 AM. The FCC will hold a meeting. See, FCC notice [PDF]. Audio webcast. Press contact: Maureen Peratino or David Fiske at 202 418-0500. Location: FCC, 445 12th Street, SW, Commission Meeting Room.
9:30 AM. The House Judiciary Committee's Subcommittee on Courts, Intellectual Property and the Internet will hold an oversight hearing titled The Accuracy and Integrity of the WHOIS database. Audio webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
9:30 AM. The USPTO will hold a public hearing on its proposed plan to eliminate the paper patent and trademark registration collections from its public search facilities, and to transition to electronic patent and trademark information collections. The USPTO is seeking public comment on issues related to this proposed plan. The USPTO is also seeking input on whether any governmental entity or non-profit organization is interested in acquiring the paper patent and trademark registration collections to be removed from the USPTO's public search facilities. See, notice in Federal Register. Location: Patent Theater, second floor, Crystal Park 2, Room 200, 2121 Crystal Drive, Arlington, VA.
Friday, May 17
10:00 AM. The House Judiciary Committee's Subcommittee on Crime will meet to conduct a hearing on, and mark up of, several bills, including HR 4640, a bill to provide criminal penalties for providing false information in registering a domain name on the Internet, and HR 4658, the Truth in Domain Names Act. Audio webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
10:00 AM. Stuart Eisenstadt and John Weekes will speak on US EU Trade Relations. Eisenstadt is a Co-Chairman of the U.S. European Business Council. Weekes is a former Canadian Ambassador to the World Trade Organization. Location: Murrow Room, National Press Club, 529 14th St. NW, 13th Floor.
10:00 AM. The FCC's Media Security and Reliability Council will hold a meeting. See, FCC notice [PDF]. Location: FCC, 445 12th Street, SW, Commission Meeting Room.
12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled The Telecom Meltdown: Causes and Cures. The speakers will be Thomas Lenard (PFF), Terry Barnich (New Paradigm Resources Group), Larry Darby (Darby Associates), Blair Levin (Legg Mason Equity Research), and Randolph May (PFF). RSVP to Brooke Emmerick at 202 289-8928 or bemmerick See, notice. Location: Room B369, Rayburn Building.