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July 10, 2002, 9:00 AM ET, Alert No. 466.
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FCC Files Petition for Rehearing in USTA v. FCC
7/9. The Federal Communications Commission (FCC) filed a petition for rehearing en banc [PDF] with the U.S. Court of Appeals (DCCir) in USTA v. FCC, in which a three judge panel overturned the FCC's unbundling order and line sharing order.
The DC Circuit issued its opinion on May 24, 2002 granting the petitions for review of the U.S. Telecom Association (USTA) and incumbent local exchange carriers (ILECs). See, 290 F.3d 415.
The USTA and ILECs challenged the FCC's order requiring ILECs to lease a variety of unbundled network elements to competitive local exchange carriers (CLECs). They also challenged an FCC line sharing order that requires ILECs to lease to CLECs only a portion of local copper loops, rather than the whole line, for the purpose of offering DSL service. The Appeals Court granted both petitions. It remanded both rules to the FCC for further proceedings. While the ILECs prevailed, the FCC already has underway a proceeding in which it is examining its unbundling rules.
The FCC wrote in its request for rehearing that this case is of "national importance to the FCC's ongoing implementation of the 1996 Act's local competition provisions". It asserted two errors. First, "the panel's decision is, at a minimum, fundamentally in tension with recent and pertinent Supreme Court authority dealing with closely related substantive requirements of the 1996 Act. Less than two weeks before the panel issued its decision in this case, the Supreme Court, in Verizon Telephone Cos. v. FCC, 122 S.Ct. 1646 (2002) ("Verizon"), had affirmed the FCC's "TELRIC" methodology for determining the cost-based prices that incumbent LECs may charge new competitive LECs for access to the unbundled network elements ("UNEs") that are the subject of this case." See, Verizon v. FCC [104 pages in PDF], May 13, 2002.
Secondly, the FCC wrote that "the panel's decision also requires rehearing because it can be read to establish, on the basis of a misreading of the Supreme Court's decision in AT&T Corp. v. Iowa Utilities Board, 252 U.S. 366 (1999), an unwarranted restriction on the FCC's implementation of the Act's network element provisions that is, at a minimum, in tension with other provisions of the 1996 Act."
Walter McCormick, P/CEO of the USTA stated in a release that "We are disappointed that the FCC has filed for a rehearing since it will further delay the Commission from moving forward with its Triennial Review, in which it is already looking at the questions that the court has directed it to consider. Unfortunately, any delay in achieving final rules for the issues raised in the Triennial Review will further postpone the telecom industry’s economic recovery."
FCC Announces Agenda for June 16 Meeting
7/9. The Federal Communications Commission (FCC) announced the agenda for its open meeting at 9:30 AM on Tuesday, July 16, 2002.
CPNI. The FCC will consider a Third Report and Order and Third Further NPRM to implement 47 U.S.C. § 222(c)(1), which requires customer approval before a telecommunications carrier may use, disclose, or permit access to a customer's confidential proprietary network information (CPNI). This is CC Docket Nos. 96-115 and 96-149.
Number Portability. The FCC will consider a MOO regarding the Verizon Wireless petition for forbearance from the wireless local number portability requirements. This is WT Docket No. 01-184 and CC Docket No. 95-116.
Public Safety Agency Communications. The FCC will consider a Fifth Report and Order concerning the migration to 6.25 kHz spectral efficiency in the 700 MHz public safety band. WT Docket No. 96-86.
Bush Gives Speech on Corporate Responsibility
7/9. President Bush gave a speech in New York City regarding financial crimes and corporate responsibility. He also signed an executive order creating a new Corporate Fraud Task Force. The President proposed longer prison terms for corporate fraud and more funding and authority for the Securities and Exchange Commission (SEC).
Bush stated that "by executive order, I create a new Corporate Fraud Task Force, headed by the Deputy Attorney General, which will target major accounting fraud and other criminal activity in corporate finance. The task force will function as a financial crimes SWAT team, overseeing the investigation of corporate abusers and bringing them to account." The task force would include several top Department of Justice officials, the U.S. Attorneys whose districts include major financial markets, and the heads of the SEC, Federal Communications Commission (FCC), Commodities Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC), and Treasury Department.
The task force would "provide direction for the investigation and prosecution of cases of securities fraud, accounting fraud, mail and wire fraud, money laundering, tax fraud based on such predicate offenses, and other related financial crimes committed by commercial entities and directors, officers, professional advisers, and employees thereof".
Bush stated that "I'm also proposing tough new criminal penalties for corporate fraud. This legislation would double the maximum prison terms for those convicted of financial fraud from five to 10 years."
Bush stated that "I ask Congress to strengthen the ability of SEC investigators to temporarily freeze improper payments to corporate executives, and to strengthen laws that prevent the destruction of corporate documents in order to hide crimes."
He also stated that "The SEC should be able to punish corporate leaders who are convicted of abusing their powers by banning them from ever serving again as officers or directors of a publicly held corporation."
He also said that "Corporate officers who benefit from false accounting statements should forfeit all money gained by their fraud." In addition, he said that "My accountability plan also requires CEOs to personally vouch for their firms' annual financial statements."
Bush stated that "I asked Congress four months ago for funding to place 100 new enforcement personnel in the SEC. And I call on Congress to act quickly on this request. Today I announce my administration is asking Congress for an additional $100 million in the coming year to give the SEC the officers and the technology it needs to enforce the law."
FCC Chairman Michael Powell, who will serve on the newly created task force, stated in a release [MS Word] that "There is a severe capital crisis putting a tremendous strain on the telecommunications industry. It is imperative to do everything possible to restore investor confidence in this critical sector of the American economy. I applaud the President's initiative, and the Commission stands ready to offer its expertise to assist in the effort to investigate and prosecute significant financial crimes and restore credibility to the market."
SEC Chairman Harvey Pitt stated in a release that "We are grateful for the President's unqualified support of our request for an additional $100 million in our FY03 budget, in addition to $20 million in supplemental funding he approved three months ago, that now awaits Congress's approval. These resources will enable us to hire additional needed accountants, lawyers and other professionals for our enforcement and corporation finance efforts, fully fund our merit based pay parity program and begin implementing critical information technology projects directly related to investor protection."
Rep. Billy Tauzin (R-LA), Chairman of the House Commerce Committee, stated in a release that "What President Bush has laid out today is a tough minded, no nonsense approach to meaningful corporate reforms that will go a long way in bolstering public confidence in America's capital markets."
Sen. Paul Sarbanes (D-MD), Chairman of the Senate Banking Committee, was less impressed. He stated that "we intend obviously to continue to move forward this week and we're hopeful we can complete this legislation (Sarbanes bill) by the end of the week. We think we clearly need a statute; unfortunately the President has not yet reached that point. But we think this legislation does what has to be done. It creates an independent oversight board with respect to the accounting profession. It separates auditing from certain consulting services which create obvious conflicts of interest. It provides the resources to the SEC. I am very disappointed that the President was not more forthcoming on resources for the SEC in order to carry out its responsibilities. That’s a relatively easy thing for the Administration to do, and I don't know why they've been holding back from it over these many months. I mean -- they've made a small request, but the SEC needs a real shot in terms of additional resources."
Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee, used the occasion to tout his bill, S 2010, the Corporate and Criminal Fraud Accountability Act of 2002, which his Committee reported on April 25.
"I welcome the President to the urgent need to restore trust in our markets, and I welcome his ideas. A few of them are very familiar. We invited the President to join in this effort. For months, the White House declined that invitation. Now that the President is part of this effort, we have the opportunity to work together to achieve real reform," said Sen. Leahy in a release. "Getting tough means criminal penalties, and getting tough is the aim of the Corporate and Criminal Fraud Accountability Act, which Senator Daschle and I offered today on the Senate floor."
Senate Subcommittee Holds Hearing on Identity Theft
7/9. The Senate Judiciary Committee's Subcommittee on Technology, Terrorism, and Government Information held a hearing on S 2541, the Identity Theft Penalty Enhancement Act of 2002. Sen. Dianne Feinstein (D-CA), who is the Chairman of the Subcommittee, and the sponsor of the bill, has held repeated hearings on identity theft.
See, prepared testimony of Howard Beales, Director of the Federal Trade Commission's (FTC) Bureau of Consumer Protection, prepared testimony of Dan Collins, Deputy Associate Attorney General, and prepared testimony of Dennis Lormel, Section Chief of the FBI's Terrorism Financial Review Group.
People and Appointments
7/9. Brian Gunderson was named Chief of Staff of the Office of the U.S. Trade Representative (USTR). He was previously Chief of Staff to House Majority Leader Dick Armey (R-TX). He succeeds M.B. Oglesby. See, USTR release.
7/9. Robin Pence joined the Federal Communications Commission (FCC) as Associate Director of the Office of Media Relations (OMR). She previously worked for Sprint. Before that she worked as press secretary for former Rep. Thomas Coleman (R-MO), and as a press assistant to former Sen. Alfonse D'Amato (R-NY).
House Commerce Committee Holds Hearing on DHS Bill
7/9. The House Commerce Committee's Subcommittee on Oversight and Investigations held a lengthy hearing on HR 5005, President Bush' proposal to create a Department of Homeland Security. Witnesses disagreed sharply over the language in the bill that would create a new Freedom of Information Act (FOIA) exemption for information provided voluntarily to the federal government regarding infrastructure vulnerabilities, including cyber security matters.
The Commerce Committee is just one of many House committees with jurisdiction over the bill. They are operating under a fast track schedule that requires completion this week. Rep. Billy Tauzin (R-LA), the Chairman of the Commerce Committee, said at his Committee's hearing that "our deadline is July 12, and we are going to meet it."
The various House committees with jurisdiction are marking up the bill, mostly on Wednesday and Thursday. See, TLJ Calendar, at right. Then, a special committee, chaired by House Majority Leader Richard Armey (R-TX), will have final consideration of the House bill.
The Commerce Subcommittee's marathon hearing including testimony from six panels of witnesses. It covered chemical, biological, nuclear, cyber, and other threats to homeland security. Subcommittee members and witnesses were in widespread agreement with the underlying premise of the bill -- that numerous government entities related to homeland security which are now spread around various government agencies, should be merged into one department. However, there was discussion about some of the details of implementation.
There was also sharp disagreement among certain witnesses on one key issue -- information sharing regarding threats to critical infrastructures. In particular, witnesses differed on whether to create a FOIA exemption to incent companies to provide information to the federal government.
Section 204 of the bill, as introduced, provides, in full, that "Information provided voluntarily by non-Federal entities or individuals that relates to infrastructure vulnerabilities or other vulnerabilities to terrorism and is or has been in the possession of the Department shall not be subject to section 552 of title 5, United States Code."
Rep. Tauzin discussed how September 11 ringleader Mohamed Atta sought a loan for a crop dusting airplane, and an aerial map of Washington DC. "That map represented to him, obviously, a source of information upon which he might plan, or his friends, might plan an attack upon this city. It calls to our attention the importance in this legislation of amending the Freedom of Information Act to make sure that road maps, vulnerability assessments, of assets, both public and private, other road maps of sensitive installations, and sensitive places in this country, are not so easily available to people who might have improper motives, such as Mr. Mohamed Atta, and using those roads to hurt this country or its people. Balancing the needs of freedom of information in this country ... is going to be a difficult challenge for this Committee of Congress ..."
The fourth panel of witnesses to testify before the Committee included five representatives of industry, all of whom argued for the necessity of enacting the new FOIA exemption. See, prepared testimony of Guy Copeland (VP of Computer Sciences Corporation, testifying on behalf of the Information Technology Association of America), William Smith (EVP, Network Operations, BellSouth), Kenneth Watson (Cisco Systems), Lynn Costantini (North American Electric Reliability Council), and John Sullivan (Boston Water and Sewer Commission).
BellSouth's William Smith stated that "we have received numerous requests for sensitive information -- such as lists of critical facilities -- from federal, state and local authorities. From the perspective of a corporation such as BellSouth, these requests are troubling because if such a list were released publicly, whether through a FOIA request or through accidental disclosure, it could provide terrorists with a road map directing them to our most critical locations." He added that BellSouth was also concerned about third party liability, antitrust liability, and giving information to its competitors.
He continued that "With respect to FOIA, many companies are hesitant to voluntarily share sensitive information with the government because of the possible release of this information to the public. BellSouth currently shares cyber-related intrusion information with the Telecom Information Sharing and Analysis Center -- the Telecom ISAC -- located within the NCC.  However, because of the concerns just noted, the information sharing is done on a limited basis, within trusted circles, and strictly within a fashion that will eliminate any liability or harm from FOIA requests for BellSouth information. This is neither maximally efficient nor effective."
Smith concluded that "We also support Section 204 which provides an important FOIA exemption for information regarding infrastructure and other vulnerabilities that is provided voluntarily. Finally, we support the FOIA and antitrust protections embodied in H.R. 2435, the Cyber Security Information Act."
Guy Copeland of CSC stated that "sharing information about corporate information security practices is inherently difficult. Companies are understandably reluctant to share sensitive proprietary information about prevention practices, intrusions, and actual crimes with either government agencies or competitors. Information sharing is a risky proposition with less than clear benefits. No company wants information to surface that they have given in confidence, and that may jeopardize -- through misunderstanding or misperception -- their market position, strategies, customer base, investor confidence or capital investments, and certainly no company wants information to surface that could aide terrorists or criminals."
Copeland added that "Government agencies seek detailed data about computer attacks for the purposes of better law enforcement, earlier detection, and the promotion of best practices in government and industry. Today, however, corporate counsels advise their clients not to share voluntarily the details of computer attacks with government agencies because the risk that such data could ultimately be divulged through the Freedom of Information Act (FOIA) -- even over the agency’s objections -- is unacceptably high."
The fourth panel also included two witnesses who testified in opposition to the FOIA exemption. David Sobel, General Counsel of the Electronic Privacy Information Center (EPIC), testified that "Section 204 would cast a shroud of secrecy over one of the Department of Homeland Security's critical functions, removing any semblance of meaningful public accountability. If Section 204, or a similar secrecy provision, is enacted, the public will be unable to hold the new Department accountable should it fail to make effective use of information it obtains. ``What did DHS know and when did it know it?´´ is a question that will go unanswered."
Sobel is an experienced, aggressive and successful FOIA litigator who has obtained records pertaining to carnivore, CALEA, and other technology related topics.
He also stated that "It should not go unnoticed that we are discussing the desire of private companies to keep secret potentially embarrassing information at a time when the disclosure practices of many in the business world are being scrutinized. If a company is willing to fudge its financial numbers to maintain its stock price, what assurance would we have that it was not hiding behind a ``critical infrastructure´´ FOIA exemption in order to conceal gross negligence in its maintenance and operation of a chemical plant or a transportation system?"
During the question and answer session Sobel stated that he knows of no cases where information useful to terrorists has been divulged as a result of a FOIA response. He added that the asserted problem is "purely hypothetical". BellSouth's Smith responded that the reason that there have been no such cases is that companies like BellSouth are withholding such information from the government.
Few members of the Subcommittee were present to hear any part of the testimony of the contentious fourth panel. Only Rep. Ed Whitfield (R-KY), Rep. Richard Burr (R-NC), and Rep. Peter Deutsch (D-FL) participated.
The third panel of witnesses was a group of government witnesses. They generally agreed that information sharing between government entities, and between government and industry, needs to be improved. However, they did not endorse creating a new FOIA exemption for this purpose, or an antitrust exemption.
See, prepared testimony of Samuel Varnado (Director, Infrastructure and Information Systems Center, Sandia National Laboratories), Donald Cobb (Associate Director for Threat Reduction, Los Alamos National Laboratory), Robert Dacey (Director, Information Security Issues, General Accounting Office), John Tritak (Director, Critical Infrastructure Assurance Office, Department of Commerce), and James McDonnell (Director, Energy Security and Assurance Program, Department of Energy).
On other issues, Rep. Heather Wilson (R-NM) stated that the research and development provisions in the bill are weak. She elaborated that the U.S. needs to "leverage our technological superiority" to successfully fight terrorism. Rep. Bart Stupak (D-MI), a former police officer, commented on the chain of command of the proposed Department of Homeland Security. He stated that there needs to be "vertical authority", rather than the "horizontal chain of command" as the bill is currently written. He added that "I don't want merely a shuffling of chairs at the table."
More News
7/9. The Office of the U.S. Trade Representative (USTR) published a notice in the Federal Register announcing that it is requesting comments on China's compliance with the commitments it made in connection with its accession to the World Trade Organization (WTO), and that the Trade Policy Staff Committee (TPSC) will hold a hearing on China's compliance on September 18, 2002. The deadline to submit written comments is 12:00 NOON on September 10. The deadline to request to testify is September 5. See, Federal Register, July 9, 2002, Vol. 67, No. 131, at Pages 45580 - 45581.
7/9. The New Mexico Public Regulation Commission (PRC) recommended to the Federal Communications Commission (FCC) that Qwest has satisfied the last of Section 271's 14 point checklist. Qwest announced that it will file with the FCC its Section 271 application to provide in region interLATA service in the state of New Mexico "within the next few weeks". See, Qwest release.
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House Passes Tech Talent Act
7/9. The House passed HR 3130, the Tech Talent Act, by a voice vote. The bill would authorize the appropriation of $25 Million for FY 2002 for the National Science Foundation (NSF) for a grant program intended to increase the number of college students pursuing degrees in science, mathematics, engineering, and technology.
Sherwood Boehlert (R-NY) said in his statement during the floor debate on the bill that "The problem is that fewer and fewer American college students are majoring in mathematics, engineering, technology, or science, particularly in the physical sciences. This is a source of growing concern for many reasons. First, and most obviously, the nation needs to constantly replenish its supply of scientists, mathematicians and engineers to have a workforce that can compete in this increasingly technological world."
He continued that the bill "takes aim at this problem directly by providing incentives for colleges and universities -- including community colleges -- to increase the number and quality of science, math, engineering and technology majors. Under the bill, the National Science Foundation (NSF) would provide grants to improve undergraduate science, math and engineering education that are contingent on the grantee increasing the number of graduating majors in those fields by a specific amount, without reducing quality."
Rep. Lamar Smith (R-TX), a cosponsor of the bill, stated that "This legislation will encourage more students to pursue science and mathematics studies. We need knowledgeable students today, for successful high tech companies tomorrow."
Wednesday, July 10
The House will meet at 10:00 AM for legislative business.
9:30 AM. The House International Relations Committee will meet to mark up HR 5005, the Homeland Security Act. Location: Room 2172, Rayburn Building.
9:30 AM - 4:30 PM. The FTC and DOJ will continue their series of events titled Competition and Intellectual Property Law and Policy in the Knowledge Based Economy. This event will be a panel of speakers addressing "Federal Circuit Jurisprudence: Substantive Trends and Analysis". The first session, running from 9:30 AM to 12:00 NOON, will address "Trends in Federal Circuit Jurisprudence". The second session, running from 1:30 PM to 4:30 PM, will address "Patent Law Analysis in Federal Circuit Jurisprudence". For more information, call Gina Talamona at 202 514-2007. See, FTC notice. Location: Room 432, FTC Main, 600 Pennsylvania Ave, NW.
LOCATION CHANGE. 10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled Corporation for Public Broadcasting Oversight and a Look Into Public Broadcasting in the Digital Era. The scheduled witnesses include Robert Coonrod (Corporation for Public Broadcasting), Pat Mitchell (Public Broadcasting Service), Kevin Klose (National Public Radio), Andrea Lafferty (Traditional Values Coalition), John Lawson (Association for Public Television Stations), Michael Willner (Insight Communications), and Laura Walker (WYNC-FM). Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.
10:00 AM. The House Armed Services Committee will hold a hearing on HR 5005, the Homeland Security Act. Location: Room 2118, Rayburn Building.
10:00 AM. The House Science Committee will meet to mark up HR 5005, the Homeland Security Act. Webcast. Location: Room 2318, Rayburn Building.
10:00 AM. The House Judiciary Committee will hold a meeting to mark up several bills, including and HR 5005, the Homeland Security Act. Webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
CANCELLED. 10:00 AM. The Senate Judiciary Committee will hold an executive business meeting.
10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Reiffin v. Microsoft, No. 01-1380, a patent case. Location: Courtroom 402, 717 Madison Place, NW.
10:30 AM. The House Ways and Means Committee will meet to mark up HR 5005, the Homeland Security Act. Location: Room 1100, Longworth Building.
12:00 NOON. Treasury Secretary Paul O'Neil will give a luncheon speech titled "The Economy, Investors and Corporate Governance". The price to attend is $45 for members and $90 for non members. See, online registration page. Location: U.S. Chamber of Commerce, 1615 H Street, NW.
2:00 - 3:30 PM. The FTC's Bureau of Competition will hold a public workshop on merger investigation best practices. This is the last workshop of a seven part, five city, series. This event will focus on accounting and financial data. See, FTC release. Location: FTC, Room 332, 600 Pennsylvania Ave., NW.
3:00 PM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will meet to mark up HR 5058, the Financial Accounting Standards Board Act. Webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.
6:00 - 8:00 PM. The FCBA will host a Continuing Legal Education seminar titled Global Telecom Markets: Issues and Strategies for Representing Clients Abroad. This seminar will cover telecom trade and market access issues, transaction financing and approval, and the ITU.
Deadline to submit comments to the Bureau of Industry and Security (BIS), formerly known as the Bureau of Export Administration (BXA), in response to its Notice of Inquiry regarding "the current limit for use of License Exception TSR for exports and reexports of technology and software on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs) 4D001 and 4E001". BIS states that "These ECCNs control technology and software that can be used for the development, production, or use of computers. The goal of this notice of inquiry is to collect information from industry that will assist BIS in evaluating whether the current TSR eligibility level of 33,000 Millions of Theoretical Operations per Second (MTOPS) for exports and reexports to most countries should be adjusted, taking into consideration the control level for the export of computer equipment and the control policies of other member countries of the Wassenaar Arrangement." See, notice in the Federal Register.
Thursday, July 11
The House will meet at 10:00 AM for legislative business.
CANCELLED. 9:00 AM. The Senate Judiciary Committee will hold a hearings to examine oversight of the Department of Justice and the impact of a new Department of Homeland Security.
10:00 AM. The Senate Judiciary Committee will hold an executive business meeting. See, notice. Press contact: Mimi Devlin at 202 224-9437. Location: Room 226, Dirksen Building.
10:00 AM. The House Judiciary Committee will hold a meeting to continue its mark up several bills, including and HR 5005, the Homeland Security Act. Webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.
10:00 AM. The House Government Reform Committee will meet to mark up HR 5005, the Homeland Security Act. See, release. Location: Room 2154, Rayburn Building.
10:00 AM - 4:00 PM. The FTC and DOJ will continue their series of events titled Competition and Intellectual Property Law and Policy in the Knowledge Based Economy. This event will be a panel of speakers addressing "Federal Circuit Jurisprudence: Jurisdiction, Choice of Law, and Competition Policy Perspectives". The first session will run from 10:00 AM to 12:30 PM. The second session will run from 2:00 PM to 4:00 PM. For more information, call Gina Talamona at 202 514-2007. See, FTC notice. Location: Room 432, FTC Main, 600 Pennsylvania Ave, NW.
12:00 NOON. Sen. John McCain (R-AZ), the ranking Republican on the Senate Commerce Committee, will hold a press conference regarding "corporate governance reform". Location: First Amendment Room, National Press Club, 529 14th St. NW, 13th Floor.
2:00 PM. The Senate Finance Committee will hold a hearing on S 848, the Social Security Number Misuse Prevention Act. Location: Room 215, Dirksen Building.
Deadline to submit comments to the FCC regarding its Declaratory Ruling and Second Further Notice of Proposed Rulemaking clarifying that providers of Internet protocol telecommunications relay services are eligible for reimbursement from the Interstate TRS Fund. See, FCC notice [PDF].
Friday, July 12
The House will meet at 9:00 AM for legislative business. No votes are expected after 6:00 PM.
10:00 AM. Hearing before the U.S. District Court (EDVa) in Washington Post v. Gator on the Washington Post's motion for preliminary injunction. Plaintiffs allege web based copyright infringement in their complaint [99 pages in PDF] and Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction [35 pages in PDF]. Tape recorders and cameras are prohibited in the courtroom. Location: Room 800, 8th Floor, Bryan Courthouse, 401 Courthouse Square, Alexandria, VA.
12:00 NOON. The Cato Institute will host a briefing titled Profiling and National IDs: Security and Freedom in a Free Society. The speakers will be Charlotte Twight (author of Dependent on D.C.: The Rise of Federal Control over the Lives of Ordinary Americans), Robert Levy (Cato), and Timothy Lynch (Cato). See, registration page. Lunch will follow. Location: Room B-354, Rayburn Building.
12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled When Wireless Grows Up: Mandates vs. Markets for a ‘Mature’ Industry. The scheduled speakers include Rudy Baca (Precursor Group), Steven Berry (CTIA) and Kevin Krufky (office of Sen. Sam Brownback). See, PFF notice. To register, contact Rebecca Fuller at 202 289-8928 or rfuller Location: Room B340, Rayburn Building.
TIME? Commerce Secretary Donald Evans will hold an online chat on AOL with small investors.
Saturday, July 13
Day one of four of the National Association of Patent Practitioners' annual meeting. See, registration and information page. Location: Wyndam Washington, 1400 M St., NW.
Monday, July 15
12:30 PM. Larry Mefford (Assistant Director, FBI Cyber Division) will give a speech. Pre-registration is required to attend; contact Kristin Woolley at 703 284-5323 or kwoolley Location: Oracle Corporation, 1910 Oracle Way, Reston, VA.
Day three of four of the National Association of Patent Practitioners' annual meeting. See, registration and information page. At 9:00 AM, Steve Kunin (Deputy Commissioner for Patent Examination Policy) will speak. At 10:00 AM, Robert Clarke (Office of Patent Legal Administration) will speak on Section 102(e). At 12:15 PM, Nicholas Godici (Commissioner of Patents) will give the luncheon address. Location: Wyndam Washington, 1400 M Street, NW. 
Tuesday, July 16
9:30 AM. The FCC will hold a meeting. Location: FCC, 445 12th Street, SW, Room TW-C05.
LOCATION CHANGE. 10:00 AM. The Senate Banking Committee will hold a hearing. Federal Reserve Board Chairman Alan Greenspan will deliver his semi annual report on monetary policy. See also, media advisory regarding procedures for covering this hearing. Press contact: Jesse Jacobs at 202 224-1654. Location: Room 216, Hart Building.
10:00 AM. The Senate Finance Committee will hold a hearing to examine homeland security and international trade issues. Location: Room 215, Dirksen Building.
2:00 PM. The Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts will hold a hearing to examine the FBI's computer hardware problems. Press contact: Mimi Devlin at 202 224-9437. Location: Room 226, Dirksen Building.
Deadline to submit reply comments to the FCC regarding its Notice of Proposed Rulemaking regarding the consequences of the FCC's classification of cable modem service as an information service. This is CS Docket No. 02-52. See, FCC release [PDF] and notice in Federal Register.