|Court Holds New York's Ban on Internet Wine Sales Is
|11/12. The U.S. District Court (SDNY)
issued it opinion
[32 page PDF scan] in Swedenburg v. Kelly, holding that New York state's ban on
the direct shipment of out of state wine is unconstitutional. Small wineries
that are prohibited from selling directly to New York customers over the
Internet, or by other direct means, brought the challenge.
The Plaintiffs are small winery owners who cannot sell their
wines over the Internet, or by direct mail, because of protectionist
legislation in states such as New York. Juanita Swedenburg is an owner of the
Swedenburg Winery in northern Virginia. David Lucas owns The Lucas Winery in
California. Other plaintiffs are New York state residents and wine consumers who
joined in the suit.
New York state statute prohibits Swedenburg and Lucas from selling directly to
prospective customers in New York state. New York Alco. Bev. Cont. Law §
102(1)(c) provides in part:
"No alcoholic beverages shall be shipped into the state unless the same
shall be consigned to a person duly licensed hereunder to traffic in alcoholic
beverages. This prohibition shall apply to all shipments of alcoholic
beverages into New York state and includes importation or distribution for
commercial purposes, for personal use, or otherwise, and irrespective of
whether such alcoholic beverages were purchased within or without the
New York Alco. Bev. Cont. Law § 102(1)(d) provides in part: "No common carrier or other person shall bring or carry into the state any
alcoholic beverages, unless the same shall be consigned to a person duly
licensed hereunder to traffic in alcoholic beverages ..."
New York Alco. Bev. Cont. Law § 102(1)(a) provides that:
"No person shall send or cause to be sent into the state any letter,
postcard, circular, newspaper, pamphlet, order kit, order form, invitation to
order, price list, or publication of any kind containing an advertisement or a
solicitation of any order for any alcoholic beverages, irrespective of whether
the purchase is made or to be made within or without the state, or whether
intended for commercial or personal use or otherwise, unless such person shall
be duly licensed hereunder to traffic in alcoholic beverages."
That is, the New York system for alcohol sales requires that alcohol
producers must go through licensed wholesalers and distributors who must in turn
go through licensed retailers who then may sell to consumers.
The New York statutes provide several exceptions to the ban on direct sales,
but they apply only to wineries located within the state of New York.
On February 3, 2000 Swedenburg, Lucas, and
their prospective New York customers filed their
Original Complaint in the U.S. District Court (SDNY) against Edward Kelly
and other Commissioners of the New York State Liquor Authority. The
state moved to dismiss. The District Court issued its
and Order denying that motion on September 5, 2000. See,
TLJ story on the
Decision and Order and
TLJ story on
Following discovery, the parties filed cross motions for summary judgment.
Plaintiff's asserted that the statutory scheme violates the Commerce Clause and
the Privileges and Immunities Clause. New York argued that its scheme is
permissible under the 21st Amendment.
The District Court granted plaintiffs' motion for summary
judgment, holding that New York's ban on direct wines sales violates the dormant
Commerce Clause of the U.S. Constitution. Judge Richard Berman wrote the opinion.
He reviewed the legislative history
of the statute, and concluded that its purpose was to protect in state wineries.
The Court did not reach the Privileges and Immunities issue. Also, the Court
has yet to address remedies. It requested further briefing, and set a hearing
for December 5.
Clint Bolick, VP of the Institute for Justice,
counsel for the plaintiffs,
stated in a release
that "This is a decisive victory against the monopolists who
would stand between consumers and their wine. It should have widespread
ramifications not only for wine but for all Internet commerce. This is an
occasion to pop some corks in celebration of an important decision for
However, the legal precedents on the constitutionality of state barriers to
direct wine sales are not uniform. In particular, the
U.S. Court of
Appeals (7thCir) reached a different conclusion in its
opinion in Bridenbaugh v. Wilson. In that case, the plaintiffs challenged the
constitutionality of an Indiana statute that made it unlawful for persons in
another state to ship an alcoholic beverage directly to an Indiana resident.
The District Court held that the Indiana direct shipment regulation was
unconstitutional under the Commerce Clause, and granted the plaintiffs' summary
judgment motion (Bridenbaugh v. O'Bannon, 78 F. Supp.2d 828 (N.D. Ind. 1999)).
Then, the Seventh Circuit reversed, upholding the constitutionality of the state
Judge Frank Easterbrook
wrote that "This case pits the twenty-first
amendment, which appears in the Constitution, against the ``dormant commerce
clause,´´ which does not." He continued that the 21st Amendment (which repealed
prohibition) "directly authorizes state control over imports, while the premise
of dormant commerce clause jurisprudence is an inference that the grant of power
to Congress in Art. I sec.8 cl. 3 implies a limitation on state authority over
the same subject. We must decide how the combination of express grant and
implied withdrawal of state power applies to" the Indiana ban on direct sales of
wine. He came down on the side of the 21st Amendment.
He rejected arguments that the focus of the 21st Amendment was temperance.
Instead, he concluded that the Indiana statute "has one real economic effect
on out-of-state sellers who neither
have nor seek Indiana permits: it channels their sales through Indiana
permit-holders, enabling Indiana to collect its excise tax equally from in-state
and out-of-state sellers. As the history of the twenty-first amendment confirms,
this is precisely what sec.2 is for."
He also rejected the argument that there was discrimination. He noted that
"Wine originating in California, France, Australia, or Indiana passes through
the same three tiers and is subjected to the same taxes. Where's the functional
Perhaps the Swedenburg and Bridenbaugh cases are distinguishable on their
underlying facts. New York exempted in state wineries from its ban on direct
There are also other cases, including Bainbridge v. Bush, 148 F.Supp.2d 1306 (M.D.Fla.
2001), in which the District Court upheld Florida's ban on direct shipment of
wine. However, it was vacated and remanded by the 11th Circuit earlier this
month in Bainbridge v. Turner.
Clint Bolick also stated, "This is not the end of the road. We expect an appeal. We
fully expect this important decision for consumer freedom will ultimately be
decided by the U.S. Supreme Court."
Also, it should be noted that legal challenges to state protectionist
statutes that impede electronic commerce in wine products face greater obstacles
than other challenges. First, there is the 21st Amendment obstacle. Second,
there is the state's interest in limiting sales to minors. As Judge Easterbrook
put it, "the twenty-first amendment empowers Indiana to control
alcohol in ways that it cannot control cheese".
|11th Circuit Rules on FCC Pole Attachments
|11/14. The U.S.
Court of Appeals (11thCir) issued its
Power v. FCC, a challenge
to the FCC's pole attachment rate under the takings clause of the Fifth
Amendment. The Court upheld the FCC.
The petitioners in this consolidated action are Alabama Power
Company (APC) and Gulf Power Company. Among the intervenors are other power
companies. Other intervenors are cable companies. The respondent is the
Communications Commission (FCC), which promulgated the rule that is the subject
of these petitions for review.
The Court wrote that in the Pole Attachments Act of 1978, and
amendments thereto in the Telecommunications Act of 1996, the Congress "focused
on the relationship between cable television companies and electric power
companies. Power companies have something that cable companies need: pole
networks. Concerned about the monopoly prices power companies could extract from
the cable companies, Congress allowed cable companies to force their way onto
utility poles at regulated rates."
47 U.S.C. § 224, at subsection (f)(1), states that "A utility shall provide a
cable television system or any telecommunications carrier with nondiscriminatory
access to any pole, duct, conduit, or right-of-way owned or controlled by it."
The Court described this language, which was added in 1996, as a "forced access
The subject of cable companies' access to the poles of electric companies has
been the subject of many FCC and court proceedings in the 11th Circuit. In the
present proceeding, however, the power companies sought a ruling that the rate imposed by
the FCC violates the takings clause of the Fifth Amendment. The Appeals Court
rejected the petition for review.
Tjoflat wrote the opinion for the three judge panel.
|Dam Addresses International Tax Policy
|11/14. Kenneth Dam, Deputy Secretary Department of the Treasury, gave a
in Washington DC in which he addressed the FSC/ETI issue and corporate inversions.
The World Trade Organization (WTO) has held
that the U.S. Foreign Sales Corporation (FSC) tax regime, and its replacement,
the Extraterritorial Income Exclusion (ETI), constitute illegal export
subsidies. On August 30 the WTO released a
the Arbitrator [46 pages in PDF] that authorizes the EU to impose $4 Billion
in countermeasures, or retaliatory tariffs. Retaliatory tariffs by the EU could
harm U.S. high tech companies, and other exporters.
Dam stated that "The sad truth is that our international tax rules no longer
serve our national interest. In this age of globalization, international
transactions generate a large and growing share of our national income. Yet
changes to the international provisions of the U.S. corporate tax code in recent
decades have ignored this trend, and have oftentimes more impaired than improved
American companies’ ability to compete abroad. More often, changes to the tax
code have focused on increasing tax revenues rather than assuring the
competitiveness of U.S. business operations, and thus, strengthening the health
of our economy."
He reiterated President Bush's position. "President Bush decided several
months ago that the United States would comply with the WTO ruling. The
President made two further decisions. He said that any response to the ruling
would have to increase the competitiveness of U.S. business. He also pledged to
work with the Congress to create the solution, and we have been working closely
with Chairman Thomas and the House Ways and Means Committee. We have begun to
work just as closely with the Senate Finance Committee."
He offered a proposal for reforming the tax code. "I believe that legislative
changes could be enacted to limit Subpart F to truly passive income – such as
portfolio dividends, interest and the like. At the very least we should take a
hard look at the so-called active/passive dichotomy in Subpart F rules. We
should not preserve tax rules that do not reflect the present realities of
international corporate business, in which globalization requires centralization
of functions, and in which services are not just a major wealth-creating
activity, but one in which U.S. businesses have a comparative advantage."
|DOJ and EU Grant Antitrust Clearance to 3G
|11/12. The Department of Justice's (DOJ)
Antitrust Division and the European Commission announced that both entities
have granted antitrust clearance for five patent platforms for third generation
(3G) wireless services.
Assistant Attorney General Charles James wrote a
letter to Ky
Ewing of the law firm of Vinson & Elkins, counsel for the 3G Patent Platform
Partnership (3GPPP), explaining the DOJ's decision.
James reviewed the technologies involved. He wrote that "There are two
generations of wireless communications systems in use today in the United States
and other nations. The first uses analog transmission technology, while the
second generation ("2G") uses various digital transmission technologies and
makes possible the provision of some additional services along with voice
telephony. The third generation ("3G") of wireless communication systems, also
involving the use of digital transmission technologies, will enable not only
wireless voice telephony, but also the transmission of data at rates much higher
than those of the second generation systems, making additional applications
possible. As with the second generation, there will not be a single global 3G
radio interface technology. Pursuant to its International Mobile Telephony-2000
("IMT-2000") project, the International Telecommunication Union ("ITU") has
approved five different radio interface technologies for use in 3G systems,
which determine how a signal travels over the air from a user's handset to an
operator's terrestrial network ..." (Footnote omitted.)
James also reviewed the role of patents in 3G standards. He wrote that "As
with most standardized technology, utilization of any of the interface standards
may implicate the patent rights of numerous entities. As of June 2000, a total
of 45 firms had claimed ownership of at least one patent essential to compliance
with one or more of the 3G radio interface standards to at least one
standards-related body. Consequently, it appears likely that any operator of a
3G wireless system and any manufacturer of 3G equipment, whether handsets or
network infrastructure, regardless of the particular radio interface technology
it adopts, will need to acquire licenses from multiple patent holders, and for
some standards may need licenses for a large number of patents. Each such patent
owner could exclude an operator or manufacturer from the use of a 3G technology
by denying it a license." (Footnote omitted.)
James noted that the 3GPPP had originally proposed a single patent platform,
but has since agreed to the separation into five largely independent platforms,
one for each competing 3G wireless technology.
James concluded that "it appears likely that the Platform arrangements
described are not likely to impede competition and could offer some integrative
efficiencies for users of the various 3G interface standards. ... For these
reasons, the Department is not presently inclined to initiate antitrust
enforcement action against the conduct you have described."
See also, DOJ
|FCC Releases ITS NPRM
|11/15. The Federal Communications Commission (FCC) released its
of Proposed Rule Making and Order [MS Word] proposing rules for Intelligent
Transportation Systems (ITS). It announced the NPRM on November 7, but did not
release the NPRM until November 15.
This NPRM seeks comment on licensing and service rules for the
5.850 - 5.925 GHz band for Dedicated Short Range Communications (DSRC) in the
ITS Radio Service. ITS provides wireless communications links between moving
surface vehicles, and between vehicles and road side units. Its primary
applications pertain to public safety, such as avoiding vehicle collisions, emergency vehicle traffic
signal preemption, traffic management, and electronic toll collection.
However, this NPRM also requests comment on whether the FCC should also
permit commercial use of this spectrum. It states that "In addition to public safety, ITS America recommends that private radio
licensees providing DSRC-based ITS services be permitted in the band. ITS
America believes that permitting private radio licensees in the 5.9 GHz band is
necessary to achieve national interoperability of DSRC services; in essence ITS
America maintains that permitting private radio licensees would create an
incentive for vendors to quickly and economically develop the technology
necessary for the numerous DSRC applications contemplated for this band.
Incentives are needed because ``making DSRC available in the 5.9 GHz band will
require a very large technology investment by prospective vendors´´ who are
``reluctant to make such an investment unless there is a clear market for the
resulting products.´´ Public safety entities would then benefit from the cost
savings derived from economies of scale, and ``safety-related DSRC services
should be accorded the highest priority in the licensing and service rules.´´ In
light of ITS America's consensus building activities and the favorable comments
on this issue in response to the Public Notice, we seek comment on whether to
allow “private,´´ i.e., ``non-public safety´´ DSRC operations in some portion of
the 5.9 GHz band." (Footnotes omitted.)
This is WT Docket No. 01-90, ET Docket No. 98-95, and
RM-9096. For more information, contact Nancy Zaczek at
202 418-0680 or firstname.lastname@example.org.
The FCC has yet to publish a notice of this item in the Federal Register.
Comments will be due 60 days after publication. Reply comments will be due 90
after publication in the Federal Register.
|Tech Crime and Fraud Report
|11/14. The U.S.
District Court (SDNY)
entered judgments of permanent injunction against David Myers, a former
Controller of WorldCom, and Buford Yates,
a former Director of General Accounting of WorldCom, in civil enforcement
actions brought by the Securities and Exchange
Commission (SEC). See, SEC v. Myers, D.C. No. 02 CV 7749, and SEC v. Yates,
D.C. No. 02 CV 7958. The injunctions prohibit Myers and Yates from acting as an
officer or director of any public company. See,
11/15. The FBI's National Infrastructure
Protection Center (NIPC) issued an
in which it states that "The Internet security community has identified several
new vulnerabilities in the Internet Software Consortium's (ISC) Berkeley
Internet Name Domain (BIND) software, which is used by many ISPs to provide DNS
11/12. A grand jury of the U.S. District Court
(EDVa) returned a seven count
[14 pages in PDF] of Gary McKinnon alleging computer fraud in violation of
18 U.S.C. § 1030.
McKinnon, an unemployed computer system engineer residing in London, England,
is alleged to have accessed and damaged
without authorization computers belonging to the U.S. Army, Navy, Air
Force, Department of Defense and NASA, as well a private businesses. The
indictment stated that McKinnon used a "software program that provides a remote
access and remote administration package for computers on the Internet ..."
Then, for example, he "accessed a computer belonging to and used exclusively by
the United States Army, Fort Myer, Virginia, ... The defendant then
obtained administrator privileges and transmitted codes, information and
commands that: (1) deleted approximately 1300 user accounts; (2) installed [the
software program]; (3) deleted critical system files necessary for the operation
of the computer; (4) copied a file containing usernames and encrypted passwords
for the computer; and (5) installed tools used for obtaining unauthorized access
to computers. As a result of such conduct, the defendant intentionally caused
damage without authorization by impairing the integrity and availability of
data, programs, a system and information ..." (Brackets added by TLJ. See
indictment for name of program.)
|People and Appointments
|11/15. Hewitt Pate was named Acting Assistant Attorney General for the
Department of Justice's (DOJ)
Antitrust Division (ATR). Pate is
currently a Deputy Assistant Attorney General (DAAG) at the ATR in charge of
regulatory matters. The current Assistant Attorney General (AAG), Charles James,
departs on November 22, 2002 to become Vice President and General Counsel of
Chevron Texaco Corporation. In addition, William Kolasky, the DAAG at ATR for
international matters has announced his return to the law firm of
Wilmer Cutler & Pickering. See,
release and White
11/15. The Senate confirmed Jonathan Adelstein to be a Commissioner of
the Federal Communications Commission (FCC). Commissioner
Michael Copps released a
statement [MS Word] praising Adelstein, and stating that now the FCC "will
be up and running at full complement and in the way intended by the statutes
that guide us." Regulated
companies and the groups that represent them released statements praising the
new Commissioner. See, for examples,
statement by NCTA,
statement by CompTel,
by NAB, and
statement by BellSouth.
11/14. Al Vincent was named Associate Administrator for Telecommunication
Sciences and Director of the National
Telecommunications and Information Administration's (NTIA)
Institute for Telecommunication
Sciences (ITS) in Boulder, Colorado. He will serve as the principal advisor on
telecommunication sciences to the NTIA Director. See,
11/14. The Senate confirmed Wayne Abernathy to be an Assistant
Secretary of the Treasury.
11/14. The Senate confirmed Blanquita Cullum to be a Member of the Broadcasting Board
of Governors for a term expiring August 13, 2005.
11/15. The Senate Judiciary Committee approved the nominations of Dennis
Shedd to be a judge of the U.S. Court of Appeals for the Fourth Circuit, and
Michael McConnell to be a judge of the
U.S. Court of Appeals for the
Tenth Circuit on November 11. The full Senate confirmed Michael McConnell by a voice vote
on November 15. The Senate is scheduled to take up the Shedd nomination on Monday, November 18.
11/14. The Senate confirmed John Rogers to be a judge of the
Court of Appeals for the Sixth Circuit. The Senate also confirmed 17 nominees to
be U.S. District Court judges: Stanley Chesler (New Jersey), Rosemary Collyer
(District of Columbia), Mark Fuller (Middle District of Alabama), Daniel Hovland
(North Dakota), Kent Jordan (Delaware), James Kinkeade (Northern District of Texas),
Robert Klausner (Central District of California), Robert Kugler (New Jersey),
Ronald Leighton (Western District of Washington), Jose Linares (New Jersey),
Alia Ludlum (Western District of Texas), William Martini (District of New Jersey),
Thomas Phillips (Eastern District of Tennessee), Linda Reade (Northern District of Iowa),
William Smith (Rhode Island), Jeffrey White (Northern District of California),
and Freda Wolfson (New Jersey).
11/14. Belinda Anderson was named BellSouth's Vice President policy
resolution, for regulatory and external affairs.
|Congress Passes NSF Authorization Bill
|11/15. On November 11 the Senate amended and passed
HR 4664, the National
Science Foundation Authorization Act of 2002, by unanimous consent. The House
then passed HR 4664
on November 15 by unanimous consent. The House agreed to the Senate
amendments to the bill. The President is expected to sign the bill.
The original HR 4664 was a bill to authorize appropriations for the National
Science Foundation. It passed the House by a vote of 397-25 on June 5, 2002. See,
Roll Call No. 212. See also, story titled "House Approves NSF
Authorization Bill" in
TLJ Daily E-Mail
Alert No. 445, June 6, 2002. This version of the bill, also known as the "Investing
in America's Future Act" authorized the appropriation of $5.5 Billion for FY
2003 for the NSF. It included in the funding authorization $704 Million for
networking and information technology research, $238 Million for the Nanoscale
Science and Engineering Priority Area, and $60 Million for the Mathematical
Sciences Priority Area.
HR 4664, as passed by the House and Senate in November, is a vehicle for the combination and
passage of several related bills. House Science Committee stated in a
that "The version of H.R. 4664 approved last night is a House-Senate compromise
that includes language from five House-passed Science Committee bills -- H.R. 4664
(the NSF authorization); H.R. 1858 (on K-12 math and science education);
H.R. 100 (on master teachers); H.R. 3130 (The Tech Talent Act, on undergraduate
education); and H.R. 2051 (on biotechnology research) -- and from the Senate NSF
authorization (S. 2817). The compromise was reached in mid-October, but could
not come to the Senate floor then because of Administration objections."
The release added that "H.R. 4664 adds language worked out with the Office of Management and Budget
(OMB) to satisfy the Administration's objections. The language makes the last
two years of authorization (fiscal years 2006 and 2007) contingent on a finding
by the Congress that NSF ``has made successful progress toward meeting
[specified] management goals,´´ taking into consideration OMB's evaluation on
|Monday, November 18
|The House will meet at 12:00 NOON. The House is nominally still in
session. However, most members have left town.
The Senate will meet at 11:00 AM. It is scheduled to begin consideration
of the nomination of Dennis Shedd to be a judge of the U.S. Court of Appeals
for the 4th Circuit. It may take the bill to create a new Department of
7:00 AM - 2:00 PM. The Information
Technology Association of America (ITAA), Northern Virginia Technology
Council, Business Software Alliance (BSA),
and others, will host a conference titled "Technology and Homeland Security: A
Symposium with Public Sector CIOs". The speakers include
Rep. Tom Davis
(R-VA), Steve Cooper (CIO of the Office of Homeland Security), and
Mark Everson (Office of Management and Budget). The price to attend is $65. To
register, or for more information, contact Michael Kerr at
email@example.com. Location: The Ritz Carlton Tysons Corner,
1700 Tysons Boulevard, McLean, VA.
8:00 - 11:00 AM. There will be an event titled "Homeland Security
Financing Briefing". The scheduled speakers include Mark Holman (Deputy
Assistant to the President for Homeland Security), Bill Hoagland (Staff
Director of the Senate Budget Committee), and Scott Lilly (Minority Staff
Director of the House Appropriations Committee). It is organized by Equity International. For more
information, contact Bill Loiry or Carrie Brown at 202 756 2244. Location:
Holeman Lounge, National Press Club, 529
14th St., NW.
9:30 AM. The U.S. District Court (DC)
will hold a motion hearing in CBS Broadcasting v. Echostar Communications, D.C. No. 1:2002ms0410. Judge Kennedy will preside. Location:
Courtroom 14, 333 Constitution Ave. NW.
10:00 - 11:00 AM. The Department of Commerce's (DOC)
Technology Administration (TA) will host
a media roundtable. The speakers will be Phil Bond (Under Secretary of
Commerce for Technology), Ben Wu (Deputy Under Secretary), Bruce Mehlman
(Assistant Secretary for Technology Policy), Chris Israel (Deputy Assistant
Secretary). In addition, James Leutze and Jane Patterson from North Carolina's
Rural Internet Access Authority will discuss spurring broadband demand. See,
TA release. For more
information, contact Cheryl Mendonsa at 202 482-8321 or
Location: DOC, Room 4813, 14th and Constitution Ave., NW.
Deadline to submit comments to the President's Critical Infrastructure
Protection Board regarding the document titled "National
Strategy to Secure Cyberspace", which was released on September 18.
For more information, contact Tommy Cabe at 202 456-5420. See,
notice in the Federal Register.
|Tuesday, November 19
|9:30 AM - 12:00 PM. The Department of
State's (DOS) Office of the Coordinator for International Communications
and Information Policy will host a public meeting to receive comments
regarding the role of International Mobile Satellite Organization (IMSO) with
respect to the Global Maritime Distress and Safety System (GMDSS),
aeronautical safety services, and service to rural and remote areas of
developing countries, including
the principle and the legal methodology of a possible extension or expansion
of IMSO's mandate. See,
notice in the Federal Register . For more information, contact Brian Hunt
at 202 647-5832 or firstname.lastname@example.org.
Location: DOS, 2201 C Street NW.
12:15 PM. The
FCBA's Common Carrier Committee will host a brown bag lunch. The speakers
will be the FCC Commissioners' wireline competition advisors. Location:
Willkie Farr & Gallagher, 1875 K Street,
2nd Floor, NY Conference Room.
5:30 - 6:45 PM.
Richard Posner, Judge of the
U.S. Court of Appeals (7thCir), will give a lecture titled "The Political
Economy of Intellectual Property Law" at an
AEI-Brookings Joint Center event. A
wine and cheese reception will follow at 6:45 PM. See,
online registration page.
Location: AEI, Wohlstetter Conference Center, 12th Floor, 1150 17th Street,
6:00 - 8:00 PM. The
FCBA will host a CLE seminar titled "The FCC’s Triennial Review of
Unbundled Network Elements: How Significant are UNE-P and other UNEs to Local
Competition?" Registrations and cancellations due by 5:00 PM on November 15.
Location: Dow Lohnes & Albertson, Suite 800, 1200 New Hampshire Avenue, NW.
Deadline to submit reply comments to the FCC
regarding its request to refresh its record regarding customer proprietary
network information (CPNI) implications when a carrier goes out of
business, sells all or part of its customer base, or seeks bankruptcy
protection. This is the FCC's Third Further Notice of Proposed Rulemaking in
CC Docket Nos. 96-115, 96-149 and 00-257. See,
notice in the Federal Register.
Deadline to submit applications for planning and construction grants to
NTIA for public television facilities under the Public Telecommunications
Facilities Program (PTFP). See,
notice in the Federal Register.
|Wednesday, November 20
|8:30 AM - 4:30 PM. The Commerce Department's
Bureau of Industry and Security (BIS)
will host a one seminar titled "Essentials of Export Controls". It will cover
compliance with the Export Administration Regulations (EAR). The price to
attend is $150. See,
notice. For more information, contact Yvette Springer at 202 482-6031.
Location: Grand Hyatt Washington, 1000 H. Street, NW.
10:00 AM - 12:00 NOON. The House
Science Committee will meet to mark up several bills that are not related
to information technology. It will then proceed with a hearing titled "The
2001 Presidential Awardees for Excellence in Mathematics and Science
Teaching: Views from the Blackboard". Webcast. Location: Room 2318,
12:00 NOON. The
FCBA's Transactional Practice Committee will host a brown bag lunch on the
Sarbannes Oxley Act. RSVP to Donna Farber at
Latham & Watkins, Lincoln Square Bldg., Suite
1000, 555 Eleventh St., NW.
12:30 PM. The
FCBA will host a luncheon. The speaker will be NFL Commissioner Paul Tagliabue. The price is $45 for members,
$35 for government & law student members, and $55 for non-members.
Registrations and cancellations are due by 5:00 PM on November 15. For
more information, call 202 293-4000. Location: JW Marriott Hotel, 1331 Pennsylvania Avenue, NW.
|Thursday, November 21
|8:30 AM - 4:30 PM. The Commerce Department's
Bureau of Industry and Security (BIS)
will host a seminar titled "Technology Export Controls". It will cover
compliance with the U.S. export and reexport controls relating to technology,
software and encryption. The price to attend is $150. See,
notice. For more information, contact Yvette Springer at 202 482-6031.
Location: Grand Hyatt Washington, 1000 H. Street, NW.
12:15 PM. The
FCBA's Global Telecommunications Development Committee and International
Practice Committee will host a brown bag lunch. The topic will be "Financing
Telecom Projects in Developing Countries: The Role of OPIC, Export Import
Bank, and the International Finance Corporation (IFC)". The speakers will be
Roger Cohen (Export Import Bank), Brian Christaldi (OPIC), and Jean-Francois
Dupuy (IFC). For more information, contact Janet Hernandez at 202 736-1814.
RSVP to Julie Ilett at email@example.com
or 202 736-1819. Location: Coudert Brothers, 1627 Eye St., NW, 11th floor.
12:15 PM. The
FCBA's Cable Practice Committee will host a brown bag lunch. The speakers
will be John Wong and Michael Lance (Division Chief and Deputy Division Chief
of the FCC Media Bureau's Engineering Division). For more information call
Lisa Cordell at 202 939-7934. RSVP to Wendy Parish at
wendy @fcba.org. Location: NCTA, 1724
Massachusetts Ave., NW.
3:00 PM. Uma
Suthersanen will speak on "Copyright and Human Rights in Europe". She
is a Senior Research Fellow at the Queen
Mary Intellectual Property Research Institute in London. For more
information, contact Robert Brauneis at
firstname.lastname@example.org or 202
994-6138. Location: Faculty Conference Center, 5th Floor of Burns, George
Washington University Law School, 2000 H Street, NW.
6:30 - 10:00 PM. The
FCBA will host a charity auction. For more information, contact Heidi
Kurtz (FCBA) at 202 293-4000. Admission is free, and it is open to the public.
The event features a live auction, silent auctions, raffles, hours d’oeuvres
and a cash bar. Location: Capitol
Hilton Hotel, 16th and K Streets, NW.
|Friday, November 22
|Deadline to submit comments to the
ultrawideband report [110 pages in PDF] titled "Measured Emissions Data For Use In
Evaluating The Ultra-Wideband (UWB) Emissions Limits in the Frequency Bands
Used By The Global Positioning System". See also, FCC
public notice [3 pages in PDF]. The report was prepared by Stephen Jones
of the FCC's Office of Engineering and
Technology. He can be contacted at 301 362-2054 or
SKJones@fcc.gov. This is ET Docket No.
Deadline to submit comments to the The
in response to its requests for comments regarding whether to revise, clarify
or adopt any additional rules in order to more effectively carry out
Congress's directives in the Telephone Consumer Protection Act of 1991 (TCPA).
notice in the Federal Register, October 8, 2002, Vol. 67, No. 195, at
Pages 62667 - 62681.
Deadline to submit a request to participate in roundtable meetings hosted
by the U.S. Patent and Trademark Office (USPTO)
regarding small business views on foreign patent challenges. The USPTO
is seeking comments, and holding roundtable meetings, pursuant to a
recommendation contained in a General Accounting
Office (GAO) report
[PDF] titled "Federal Action Needed to Help Small Businesses Address Foreign
Patent Challenges". This report was released on August 22, 2002. See also,
story titled "GAO Reports Foreign Patent Challenges Facing Small Businesses"
in TLJ Daily
E-Mail Alert No. 497, August 23, 2002. See,
notice in the Federal Register, October 28, 2002, Vol. 67, No.208, at
Pages 65786 - 65787.
|11/15. The Copyright Office published
a notice in the Federal
Register stating that it has adopted a "final rule amending its regulation
governing notices of termination of transfers and licenses covering the extended
renewal term. The current regulation is limited to notices of termination made
under section 304(c) of the copyright law. The Sonny Bono Copyright Term
Extension Act created a separate termination right under section 304(d). The
final rule establishes procedures governing notices of termination of the
extended renewal term under either section 304(c) or section 304(d)." For more
information, contact Kent Dunlap at 202 707-8380. See, Federal Register, November
15, 2002, Vol. 67, No. 221, at Pages 69134 - 69137.
11/15. SpectraSite Holdings, a
wireless tower operator, filed a Chapter 11 petition for bankruptcy in the
Bankruptcy Court (EDNC). See,
11/13. The U.S. Patent and Trademark Office
(USPTO) announced that the National Intellectual Property Law Enforcement
Coordination Council (NIPLECC) has released its annual report. See,
However, the USPTO has not published the report in its web site.
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