Rep. Tauzin stated in a release that "We all recognize the need to relocate federal government incumbents to comparable spectrum in order to make way for the commercial wireless industry ... But the road to relocating federal government incumbents to comparable spectrum is unpaved and filled with potholes. This legislation would pave that road, establishing procedures to ensure a timely, certain and privately -- yet fully funded -- relocation of federal incumbents to comparable spectrum."

Rep. Tauzin continued that "Earlier this year, we significantly changed spectrum auction policy by eliminating artificial deadlines that dictated when auctions had to occur. Now, with this bill, we are entering the second chapter in our spectrum management reform efforts. The bill will end the cumbersome, costly process through which government spectrum is made available for commercial use, and will replace that process with a system that is more efficient and less expensive."

The bill would amend the way the National Telecommunications and Information Administration (NTIA) reallocates spectrum from government users to commercial users, under the NTIA Organization Act.

It would provide that "Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use is eligible for payment for such costs from the Spectrum Relocation Fund, in accordance with section 118 of this Act."

Paragraph (2) then provides that the following bands are covered: "the 216 - 220 megahertz band, 1432 - 1435 megahertz band, 1710 - 1755 megahertz band, and 2385 - 2390 megahertz band of frequencies; and ... any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2002."

The bill further provides that for an auction of reallocated spectrum to be valid, the net proceeds of the auction must recover at least "110 percent of the estimated relocation costs". The bill specifies the how the NTIA is to estimate costs.

The bill also provides that "There is established on the books of the Treasury a separate fund to be known as the ‘Spectrum Relocation Fund’ ... which shall be administered by the Office of Management and Budget ... in consultation with the NTIA."

Also, the bill requires that if an agency is required to relocate its spectrum operations, the agency must be able to achieve comparable telecommunications capability in the new band.

The bill was referred to the House Commerce Committee, which Rep. Tauzin chairs, and to the House Budget Committee. Rep. Upton, the bill's lead sponsor, is Chairman of the House Commerce Committee's Telecom Subcommittee.

The Cellular Telecommunications & Internet Association (CTIA) P/CEO Tom Wheeler praised the bill. He said in a release that "It brings certainty to federal incumbents, guaranteeing they will be fully reimbursed for their relocation expenses.  It brings certainty to the wireless industry, answering critical questions:  What does it cost bidders? How long will it take to access the spectrum? And, most importantly, it provides certainty to American taxpayers -- the certainty that they won't get stuck with relocation bills."

10/10. Sen. Patrick Leahy (D-VT), Sen. James Jeffords (D-VT), and Sen. Patti Murray (D-WA) introduced S 3102, the Local Control of Broadcast Towers Act, and S 3103, the Local Control of Cellular Towers Act. Rep. Bernie Sanders (D-VT) and others introduced companion bills in the House, HR 5632 and HR 5631.

Sen. Leahy stated that "The 1996 Telecommunications Act, which I opposed, contained a provision that allowed the Federal Communications Commission to preempt the decisions of local authorities. Over the last five years, a small loophole in the 1996 Act has spurred David versus Goliath battles across the country. Small communities that pride themselves in deciding what their towns will look like, now have few options when they try to stop or even negotiate a different site for broadcast or cellular towers."

Sen. Leahy continued that "I do not want to wake up ten years from now and see my State turned into a pincushion of antennas and towers. That is why I am introducing these bills today. In a way, these bills are the culmination of a long battle with the Federal Communications Commission and in the courts to protect local authority."

"In 1997, the Federal Communications Commission seized on the legislative loophole and proposed an expansive new rule to prevent State and local zoning laws from regulating the placement of cell and broadcast towers on the basis of environmental considerations, aviation safety, or other locally-determined matters. I fought this proposed rule" said Sen. Leahy.

S 3102, which addresses broadcast towers, provides that "Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997."

Moreover, the bill provides that "A State or local government may deny an application to place, construct, or modify broadcast transmission facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering broadcast signals comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities."

Furthermore, it provides that "A State or local government may regulate the location, height, or modification of broadcast transmission facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public."

S 3103, which addresses cell tower construction, provides that "Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Procedures for Reviewing Requests for Relief From State and Local Regulation Pursuant to Section 332(c)(7)(B)(v) of the Communications Act of 1934´´, WT Docket No. 97-192, released August 25, 1997."

The bill also rewrites Section 332(c)(7) of the Communications Act of 1934. 47 U.S.C. § 332(c)(7)(B)(iv) would be removed. It provides that "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions."

Instead, the bill provides that "A State or local government may deny an application to place, construct, or modify personal wireless services facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering a personal wireless services signal comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities."

The Senate bills were referred to the Senate Commerce Committee, and the House bills were referred to the House Commerce Committee.

10/10. Rep. Lee Terry (R-NE) and others introduced HR 5602, a bill to create a Rural Issues Advisory Board within the Federal Communications Commission (FCC) to ensure that the FCC takes into account the size and resources of affected parties in rural areas.

Rep. Terry issued a release that stated that the "bill would create an unpaid five member board to issue advisory opinions on new rules proposed by the FCC, as well as regulations already in place. The four wireline and one wireless board members from rural companies would offer a small business perspective from underserved America."

Rep. Terry stated that "Telecommunications companies that serve rural America are at a competitive disadvantage because the FCC's decisions neglect or even ignore their unique needs ... This bill gives small businesses a voice within the FCC, as well as the legal recourse to get answers if their suggestions are ignored. These companies deserve that much."

The bill's initial cosponsors are Rep. Bill Luther (D-MN), Rep. John Shimkus (R-IL), and Rep. Bill Jenkins (R-TN). The bill was referred to the House Commerce Committee and the House Budget Committee.

This document states that "The Copyright Office of the Library of Congress is preparing to conduct proceedings mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention."

This document is not designated as a notice of proposed rule making (NPRM). Rather, it is designated as a notice of inquiry (NOI). The document repeatedly refers to "this rulemaking".

17 U.S.C. § 1201(a)(1)(A) provides, in part, that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title." § 1201(a)(1)(B) then provides that "The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title, as determined under subparagraph (C)."

The Librarian of Congress previously conducted a rule making proceeding in which it promulgated a rule containing exemptions to the general prohibition. However, that rule remains in effect only until October 28, 2003.

The Librarian of Congress will conduct (or is conducting) a rule making proceeding to promulgate a rule that will be in effect for another three years.

The document states that "This rulemaking will examine adverse effects in the current marketplace and in the next 3-year period to determine whether any exemptions to the prohibition on circumvention of technological protection measures that effectively control access to copyrighted works are warranted by the evidence raised during this rulemaking."

Comments are due by December 18, 2002. Reply comments are due by February 19, 2003.

The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register announcing that it is seeking public comments on the wills, codicils, and testamentary trusts exception to the E-SIGN Act.

The Electronic Signatures in Global and National Commerce (E-SIGN) Act provides, at Section 101, for the acceptance of electronic signatures in interstate commerce, with certain enumerated exceptions. Section 103 of the Act provides that "The provisions of section 101 shall not apply to ... a State statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts". The Act also requires the NTIA to review, evaluate and report to Congress on each of the exceptions.

The deadline to submit written comments to the NTIA regarding this exception is December 10, 2002. See, Federal Register, October 11, 2002, Vol. 67, No. 198, at Pages 63379 - 63381.

This is the fifth notice in a series. On September 3, the NTIA published a pair of notices in the Federal Register regarding two other exceptions -- court records and hazardous materials notices. The deadline for comments on those exceptions is November 4. See also, NTIA release, notice in Federal Register, September 3, 2002, Vol. 67, No. 170, at Pages 56277 - 56279, regarding court records, and notice in Federal Register, September 3, 2002, Vol. 67, No. 170, at Pages 56279 - 56281, regarding hazardous materials notices. On September 24, the NTIA published a notice in the Federal Register that it is seeking public comments on the product recall notices exception. See, Federal Register, September 24, 2002, Vol. 67, No. 185, at Pages 59828 - 59830. On October 1, the NTIA published a notice in the Federal Register that it is seeking public comments on the domestic and family law documents exception. The deadline for those comments is December 2, 2002. See, Federal Register, October 1, 2002, Vol. 67, No. 190, at Pages 61599 - 61601.

10/11. The Federal Communications Commission (FCC) released its First Report and Order [27 pages in PDF] in the proceeding titled "In the Matter of Digital Audio Broadcasting Systems And Their Impact on the Terrestrial Radio Broadcast Service". This report and order selects in-band, on-channel (IBOC) as the technology to be used by AM and FM broadcasters for the introduction of digital broadcasting. The FCC announced, but did not release, this report and order at its October 10 meeting. This is MM Docket No. 99-325.

10/11. The Federal Communications Commission (FCC) issued an Order [PDF] extending the deadlines to submit comments and reply comments in response to its Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Copy Protection". This NPRM proposes that the FCC promulgate a broadcast flag rule, and seeks comment on this, and related questions. This is MB Docket No. 02-230. The comment deadline is extended from October 30 to December 6. The reply comment deadline is extended from December 13 to January 17, 2003.

10/11. The Senate approved HJRes 114, authorizing the use of force against Iraq, by a vote of 77-23. See, Roll Call No. 237.

10/11. AT&T announced in a release that its received a tax ruling from the Internal Revenue Service (IRS) regarding its planned spinoff of AT&T Broadband. AT&T stated that "the spinoff will be tax-free to AT&T Corp.'s U.S. shareholders. The IRS ruling satisfies a condition of the proposed merger of AT&T Broadband and Comcast Corporation, and marks a significant milestone toward completion of that merger, AT&T said. The company expects the merger to close by year-end."

10/10. Rep. Sander Levin (D-MI), Rep. Amo Houghton (R-NY), Rep. Earl Pomeroy (D-ND), and Rep. Karen Thurman (D-FL) introduced HR 5622, a bill to amend the Trade Act of 1974 and the Sherman Act to address foreign private and joint public private market access barriers that harm U.S. trade, and to amend the Trade Act of 1974 to address the failure of foreign governments to cooperate in the provision of information relating to certain investigations. The bill was referred to the House Ways and Means Committee and the House Judiciary Committee.

The House will not be in session.

The Senate will not be in session.

Columbus Day. The FCC will be closed. The National Press Club will be closed.

The House will meet at 12:30 PM for morning hour and at 2:00 PM for legislative business. No votes are expected. The House will consider a number of measures under suspension of the rules. It may take up HJRes __, the Dot Kids Implementation and Efficiency Act of 2002, sponsored by Rep. John Shimkus (R-IL). See, Whip Notice.

The Senate will meet at 10:00 AM for morning business. At 11:00 AM it will begin consideration of the conference report on HR 3295, the Election Reform Act.

9:00 AM - 12:00 NOON. The U.S. Patent and Trademark Office's (USPTO) Technology Center 2800 will hold a Semiconductor Customer Partnership Meeting to discuss the quality and timeliness of the examination process. (2800 pertains to semiconductors, electrical and optical systems and components.) RSVP to Tom Thomas at tom.thomas @uspto.gov or 703 308-2772. See, USPTO notice. Location: Crystal Park 1, Suite 819, 2011 Crystal Drive, Arlington, Virginia.

12:00 NOON. James Rogan (Under Secretary of Commerce for Intellectual Property and Director of the USPTO) will give an address titled "Reaffirming Intellectual Property Rights in an Information Age". See, notice. Press contact: Brigid Quinn at brigid.quinn @uspto.gov or 703 305-8341. Location: Heritage Foundation, 214 Massachusetts Ave., NE.

6:15 PM. The House Rules Committee will meet to adopt a rule for consideration of a House Joint Resolution for further continuing appropriations for FY 2002.

Day one of a two day conference of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI) titled "How to be Successful with Patent and Trademark Litigation: Europe and the Far East". The agenda includes a business meeting (1:00 - 1:30 PM), a CLE seminar (1:30 - 5:00 PM), and a reception (5:00 - 6:30 PM). Location: Faculty Conference Room, Burns Building, 5th Floor, GWU Law School, 716 20th Street, NW.

Deadline to submit comments to the FCC in response to Qwest Communications' Section 271 application to provide in region interLATA service in the states of Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. This is WC Docket No. 02-314. See, FCC release [PDF].

9:00 AM - 4:00 PM. The FCC will host a day long conference on rights of way management issues. See, FCC notice [PDF]. For more information contact Kris Monteith or Gene Fullano at 202 418-1400, kmonteit @fcc.gov or gfullano @fcc.gov. Audio web cast. Location: FCC, Commission Meeting Room, 445 12th Street, SW.

10:00 AM. The Senate Appropriations Committee's Treasury and General Government Subcommittee will hold a hearings on U.S. companies' moving their headquarters offshore. Location: Room 192, Dirksen Building.

11:00 AM - 12:00 NOON. James Rogan (Director of the USPTO) and Richard Russell (Associate Director for Technology of the White House Office of Science and Technology Policy) will lead a roundtable discussion on the future of innovation with 37 leading inventors, including Steve Wozniak (computers), Donald Keck and Peter Schulz (fiber optics), and Doug Englebart (mouse). See, list of participants. Press contact: Brigid Quinn at brigid.quinn @uspto.gov or 703 305-8341. Location: Room 4830, Department of Commerce, 14th and Constitution, NW.

12:00 NOON. Treasury Secretary Paul O'Neill will speak to the National Association of Manufacturers (NAM) Board of Directors. Location: International Trade Center, Reagan Building, Amphitheater (Concourse Level).

1:30 - 3:00 PM. Sam Bodman (Deputy Secretary of Commerce), James Rogan (Director of the USPTO), and 37 leading inventors will hold an awards ceremony commemorating the bicentennial of the USPTO. Press contact: Brigid Quinn at brigid.quinn @uspto.gov or 703 305-8341. Location: Auditorium, Department of Commerce, 14th and Constitution, NW.

6:00 - 8:00 PM. The FCBA's Transactional Practice Committee will host a CLE seminar titled "Bankruptcy Issues in FCC Practice". For more information contact Brian Weimer at 202 371-7604 or Laura Phillips at 202 842-8891. Registrations and cancellations due by 5:00 PM on October 14. Location: Skadden Arps, Conf. Rm. 11 A, 1440 New York Ave., NW.

Day two of a two day conference of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI) titled "How to be Successful with Patent and Trademark Litigation: Europe and the Far East". The agenda includes a CLE seminar (9:30 AM - 1:00 PM). Location: Faculty Conference Room, Burns Building, 5th Floor, GWU Law School, 716 20th Street, NW.

Day one of a three day annual meeting of the American Intellectual Property Law Association (AIPLA). See, brochure [38 pages in PDF]. Location: Grand Hyatt Washington, 1000 H Street, NW.

10:30 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "ECNs and Market Structure: Ensuring Best Prices for Consumers". Electronic Communications Networks (ECN) are electronic trading systems that automatically match buy and sell orders at specified prices. Webcast. Location: Room 2123, Rayburn Building.

3:00 PM. David Post (Temple University School of Law), will present a draft of a paper titled "Against Against Cyberanarchy". The lecture is sponsored by the George Washington University (GWU) Law School's Dean Dinwooodey Center for Intellectual Property Studies. For more information, contact Prof. Robert Brauneis at 202 994-6138 or by email. Location: GWU Law School, Burns Building, 5th Floor, Faculty Conference Center, 720 20th St., NW.

Day one of a two day conference titled "Open Source: A Case for e-Government". The event is hosted by infoDev, the Cyberspace Policy Institute of The George Washington University, and the UNDP. See, notice. Location: The World Bank, IFC Auditorium, 2121 Pennsylvania Ave.

12:15 PM. The FCBA's Mass Media Practice Committee will host a brown bag lunch to conduct an organizational meeting. RSVP to Barry Umansky at 202 263-4128. Location: NAB, 1771 N St., NW.

Day two of a three day annual meeting of the American Intellectual Property Law Association (AIPLA). See, brochure [38 pages in PDF]. Location: Grand Hyatt Washington, 1000 H Street, NW.

Day one of a two day conference titled "Open Source: A Case for e-Government". The event is hosted by infoDev, the Cyberspace Policy Institute of The George Washington University, and the UNDP. See, notice. Location: The World Bank, IFC Auditorium, 2121 Pennsylvania Ave.

Deadline to submit comments to the FCC regarding the petition for declaratory ruling in CC Docket No. 01-92 requesting that the FCC determine that wireless termination tariffs are not a proper mechanism for establishing reciprocal compensation arrangements between local exchange carriers (LECs) and commercial mobile radio service (CMRS) providers. See, FCC notice [PDF].

Day three of a three day annual meeting of the American Intellectual Property Law Association (AIPLA). See, brochure [38 pages in PDF]. Location: Grand Hyatt Washington, 1000 H Street, NW.