|FCC To Announce Unbundled Network Elements
|2/6. The Federal Communications Commission
(FCC) announced the
agenda for its Thursday, February 13 meeting. It includes adoption of an
order revising its rules regarding the unbundling obligations of incumbent local
exchange carriers (ILECs).
The FCC agenda states that this is a "Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange
Carriers (CC Docket No. 01-338), Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996 (CC Docket No. 96-98),
Deployment of Wireline Services Offering Advanced Telecommunications Capability
(CC Docket No. 98-147), and Appropriate Framework for Broadband Access to the
Internet over Wireline Facilities (CC Docket No. 02-33)."
It continues that the FCC "will consider a Report and Order concerning
incumbent local exchange carriers' obligations to make elements of their
networks available on an unbundled basis."
CC Docket No. 01-338, which is referenced in this agenda, is more commonly
known at the Triennial Review. The FCC adopted the
Notice of Proposed Rulemaking (NPRM) [62 pages in PDF] instituting this
proceeding at its December 12, 2001 meeting. See also, December 12, 2001
notice in the Federal Register.
The FCC wrote on December 12, 2001 that unbundled network elements (UNEs) "are the
portions of the phone networks that incumbent local exchange carriers (LECs)
must make available to competing carriers seeking to provide telecommunications
services. Recognizing that incumbent LECs control some bottleneck facilities,
Congress adopted section 251 of the 1996 Act to overcome the obstacles posed by
The FCC further wrote that "the FCC will examine the framework under which
incumbent LECs must make UNEs available to competing carriers. The Commission's
action seeks to ensure that its regulatory framework reflects recent
technological advances and marketplace developments and to remain current and
faithful to the pro-competitive, market opening provisions of the
Telecommunications Act of 1996."
CC Docket 02-33, which is also referenced in the agenda, is commonly
known as the Wireline Broadband NRPM. The FCC adopted the
[58 pages in PDF] instituting this proceeding at its February 14, 2002 meeting.
notice in the Federal Register. This NPRM pertains to the appropriate
regulatory framework for broadband access to the Internet over wireline
This NPRM states that "we examine the appropriate classification for wireline
broadband Internet access service. As discussed more fully below, we tentatively
conclude that, as a matter of statutory interpretation, the provision of
wireline broadband Internet access service is an information service. In
addition, we tentatively conclude that when an entity provides wireline
broadband Internet access service over its own transmission facilities, this
service, too, is an information service under the Act. In addition, we
tentatively conclude that the transmission component of retail wireline
broadband Internet access service provided over an entity’s own facilities is
``telecommunications´´ and not a ``telecommunications service.´´ We seek comment
on these tentative conclusions and ask additional questions with regard to the
proper classification of wireline broadband Internet access service."
The FCC will likely announce a few of the details of this Report and Order at
the February 13 meeting. Typically, FCC staff reads a brief synopsis of the
order, FCC Commissioners make very brief statements, and the item is approved by
a vote. Then, Commissioners depart, and FCC staff hands out a short press
release, but not the actual Report and Order. That usually is not released until
at least a week later.
The FCC's agenda for the February 13 meeting lists two other items. One is a
Memorandum Opinion and Order and Further Notice of Proposed Rulemaking in the
FCC's proceeding regarding ultrawideband transmissions. The other is an order
revising the FCC's rules regarding access for persons
with disabilities to FCC programs and activities.
|Ninth Circuit Rules In Online Vote Trading Case
|2/6. The U.S.
Court of Appeals (9thCir) issued its
opinion [PDF] in Porter
v. Jones, a case involving the use of web based applications to
facilitate vote trading in Presidential elections. The District Court dismissed
in part, and stayed in part (under the abstention doctrine). The Appeals Court
reversed both portions, and remanded.
Background. Plaintiffs operated a web site that
facilitated the trading of votes in the 2000 presidential election. The goal was
to obtain more votes for Al Gore in swing states to help him become President,
and to obtain more votes for Ralph Nader in states where the outcome was not in
doubt to help him become eligible for federal financing in future elections. The
web site used a software program to match up voters in different states with
Defendant, Bill Jones, who was then the Secretary of State for
California, sent a cease and desist letter in which he threatened to prosecute
under California Elections Code sections 18521 and 18522 for brokering the
exchange of votes.
Section 18521, for example, provides in part, that "A person
shall not directly or through any other person receive, agree, or contract for,
before, during or after an election, any ... valuable consideration ... for
himself or any other person because he or any other person: (a) Voted, agreed to
vote, refrained from voting, or agreed to refrain from voting for any particular
person or measure. ... (d) Induced any other person to: ... (3) Vote or refrain
from voting for any particular person or measure. Any person violating this
section is punishable by imprisonment in the state prison for 16 months or two
or three years."
District Court. Plaintiffs filed a complaint in
District Court (CDCal) against
Jones alleging that his actions denied them freedom of speech and association in
violation of the First Amendment and
42 U.S.C. § 1983,
and requesting declaratory and injunctive relief. They applied for a temporary
restraining order enjoining Jones from taking any enforcement action against
Plaintiffs in connection with the 2000
presidential election. The District Court denied the motion. George Bush won the
Plaintiffs then amended their complaint, alleging intent to
operate a similar web site for the 2004 election. They additionally requested damages from Jones in
his individual capacity, and a permanent injunction against Jones in his official capacity.
Jones moved to dismiss, raising issues of mootness (the 2000
election is over) and ripeness (the 2004 election is not here yet).
He also moved to stay the case under the Pullman abstention doctrine. See,
Railroad Commission v.
Pullman, 312 U.S. 496 (1941)
The District Court rejected the mootness and ripeness arguments.
It stayed the claims for declaratory and injunctive relief under the abstention
doctrine, and dismissed the claims for damages under Rule 12(b)(6), FRCP.
Appeals Court. The Appeals Court reversed both the stay
under the abstention doctrine, and the dismissal of the damages claim, and
remanded to the District Court for further proceedings.
The Appeals Court
wrote that "It is rarely appropriate for a federal court to
abstain under Pullman in a First Amendment case, because
there is a risk in First Amendment cases that the delay that
results from abstention will itself chill the exercise of the
rights that the plaintiffs seek to protect by suit. We conclude
that the risk of this kind of First Amendment chill is present
here, notwithstanding the fact that Plaintiffs' challenge to the
threatened application of Elections Code sections 18521 and
18522 is an as-applied challenge. Because the factors required
for Pullman abstention were not met in this case, the district
court had no discretion to abstain."
|PPI Recommends Congressional Legislation to
Remove Barriers to Internet Wine Sales
|2/6. The Progressive Policy Institute
(PPI), a Democratic party think tank, released a
report [6 pages
in PDF] titled "Buying Wine Online: Rethinking the 21st Amendment for the 21st
Century". The report states that many states have "Archaic
and unnecessary Prohibition-era laws" and that "More than 30 states prohibit
citizens from purchasing beer, wine, and liquor over the Internet".
The report argues that "it is time to bring the regulation of
the alcohol industry into the 21st century by ending the legal protections for
middlemen. To do this: Congress should clarify the respective state and federal
powers controlling commerce in alcohol, namely that states cannot prohibit open
competition any more than is necessary to regulate for temperance and taxation
The report adds that "Such legislation would enable successful
court challenges of most if not all state anti-direct shipment laws, at rest
laws, and franchise laws because many of these laws do not aim at achieving
legitimate purposes of temperance and taxation, and there are less restrictive
alternatives to those that do."
The report also recommends that "States should abolish mandates
that legally require a wholesaling tier and other statutes that unnecessarily
restrict the market, so that consumers and producers may benefit from greater
choice, competition, and market access. The federal government
should help states and industry streamline compliance procedures for the various
registration and licensing requirements mandated by individual states."
The report was written by Brian Newkirk and Robert Atkinson.
|Defense Department Announces Total
Information Awareness Oversight Boards
|2/7. The Department of Defense
(DOD) announced in a
release that it "will establish two boards to provide oversight of the
Total Information Awareness Project, the
program designed to develop tools to track terrorists. The two boards, an
internal oversight board and an outside advisory committee, will work with the
Defense Advanced Research Projects Agency (DARPA),
as it continues its research. These boards will help ensure that TIA develops
and disseminates its products to track terrorists in a manner consistent with
U.S. constitutional law, U.S. statutory law, and American values related to
The DARPA web site has described the TIA as a project that "will imagine, develop, apply,
integrate, demonstrate and transition information technologies, components and
prototype, closed-loop, information systems that will counter asymmetric threats
by achieving total information awareness useful for preemption; national
security warning; and national security decision making."
The members of the outside board will included
Newton Minow (Northwestern
University), Floyd Abrams (Cahill Gordon &
Reindel), Zoe Baird (President of the Markle
(King & Spalding),
(Stanford University Law School), William Coleman
(Chief Customer Advocate of BEA),
Cutler (Wilmer Cutler & Pickering).
|Hewitt Pate Addresses International Antitrust
|2/6. Hewitt Pate, acting
Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ)
Antitrust Division, gave a
"The DOJ International Antitrust Program -- Maintaining Momentum".
became acting AAG when former AAG Charles James resigned. President Bush has yet
to name a replacement. Pate stated that "my principal job is to provide the
Division continuity and support during a transition period, not to make bold
He discussed the US relationship with the EU on antitrust enforcement.
One of the issues which he addressed was intellectual property issues. He stated
that "Given that the working group model has proven successful in the merger
context, we decided in the past year to begin using that framework in the civil
non-merger context as well by launching an Intellectual Property Working Group
with the EU. The group has already had two videoconferences -- including one on
patent pooling -- with more sessions planned for this winter and spring. Through
this group, talented government antitrust experts on each side of the Atlantic
can learn from one another and come up with optimal approaches to many of the
difficult issues that face enforcers in matters that involve both antitrust and
intellectual property issues."
He also discussed the new
Network. It has no
location or office. Pate quipped that "It's easy to say that something can
be run as a ``virtual´´ organization when
you don't really know -- as we did not know at this time last year -- whether a
new network will amount to anything useful. We certainly have learned over the
past year that it is challenging to run a virtual organization solely by
Internet, teleconference and videoconference ..."
He also addressed international cartel enforcement. He spoke to an American
Bar Association group in New York City.
|Sen. Grassley Introduces Class Action Reform Bill
|2/4. Sen. Charles Grassley (R-IA)
and others introduced
S 274, the
Class Action Fairness Act of 2003, a bill that Sen. Grassley stated would limit
class action abuse.
The bill states in its section on findings and purposes that "Class members
often receive little or no benefit from class actions, and are sometimes harmed,
such as where ... counsel are awarded large fees, while leaving class members
with coupons or other awards of little or no value".
One of the provisions of the bill is that "The court may approve a proposed
settlement under which the class members would receive noncash benefits or would
otherwise be required to expend funds in order to obtain part or all of the
proposed benefits only after a hearing to determine whether, and making a
written finding that, the settlement is fair, reasonable, and adequate for class
The bill also prohibits any "proposed settlement that provides for the
payment of greater sums to some class members than to others solely on the basis
that the class members to whom the greater sums are to be paid are located in
closer geographic proximity to the court."
bill also prohibits any "proposed settlement that provides for the payment of a
greater share of the award to a class representative serving on behalf of a
class, on the basis of the formula for distribution to all other class members,
than that awarded to the other class members." Sen. Grassley (at right)
elaborated on this section in a statement in the Senate. He said that "our bill
disallows bounty payments to lead plaintiffs so lawyers looking for victims
can't promise them unwarranted payoffs to be their excuse for filing suit."
Cong. Record, Feb. 4, 2003, at S1873-4.
The bill would also provide additional grounds for removing class action
lawsuits from state to federal court. The bill would also require that notice be
given to state attorneys general
of any proposed settlements affecting residents of their states. It would also
give them an opportunity to object.
The original cosponsors of the bill are
Sen. Thomas Carper (D-DE), Sen. Lincoln
Chafee (R-RI), Sen. Orrin Hatch
(R-UT), Sen. Herb Kohl (D-WI),
Sen. Richard Lugar (R-IN),
Sen. Zell Miller (D-GA), and
Sen. Arlen Specter (R-PA).
The bill was referred to the Senate
Judiciary Committee. Sen. Hatch is the Chairman. Sen. Grassley is a senior
member. Sens. Specter and Kohl are also members.
|White House Press Office Gives Advice About
|2/7. The White House press office issue a
titled "Are You Ready?", that addresses, among other things, cyber attacks. It states:
"Cyber attacks target computer or telecommunication networks of critical
infrastructures such as power systems, traffic control systems, or financial
systems. Cyber attacks target information technologies (IT) in three different
ways. First, is a direct attack against an information system ``through the
wires´´ alone (hacking). Second, the attack can be a physical assault against a
critical IT element. Third, the attack can be from the inside as a result of
compromising a trusted party with access to the system." (Parentheses in
It further offers two items of advice: "Be prepared to do without services
you normally depend on that could be
disrupted -- electricity, telephone, natural gas, gasoline pumps, cash registers,
ATM machines, and internet transactions." Also: "Be prepared to respond
to official instructions if a cyber attack triggers
other hazards, for example, general evacuation, evacuation to shelter, or
shelter-in-place, because of hazardous materials releases, nuclear power plant
incident, dam or flood control system failures."
|Monday, February 10
|The House will not meet. The Senate will meet at 11:00 AM; at 11:00 AM it
will resume consideration of the nomination of Miguel Estrada to be a
Judge of the U.S. Court of Appeals (DCCir). The Supreme Court is in recess.
TO BE DECIDED WITHOUT ORAL ARGUMENT.
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Primosphere Ltd v. FCC, Nos.
01-1526 and 1527. Judges Henderson, Rogers and Silberman will preside.
Location: 333 Constitution Ave., NW.
3:00 - 5:00 PM. The State Department's International Telecommunication
Advisory Committee (ITAC) will meet regarding the
World Summit on the Information Society
(WSIS), scheduled to take place in December of 2003. See,
notice in the Federal Register, February 4, 2003, Vol. 68, No. 23, at
Pages 5689-5690. Location: National Academy of Sciences, 2100 C St. NW.
POSTPONED TO FEBRUARY 28.
Deadline to submit reply comments to the Federal Communications
Commission's (FCC) regarding the
[73 pages in PDF] of the FCC Spectrum Policy Task Force
(SPTF). The report recommends that "spectrum policy must evolve towards more
flexible and market oriented regulatory models." See, original
notice of extension [PDF].
Deadline to submit reply comments to the
Federal Communications Commission (FCC) regarding the Tier III Coalition's
petition to forbear, up to December 31, 2005, from enforcing the E911 accuracy
and reliability standards set forth in § 20.18(h) of the FCC’s Rules with
respect to Commercial Mobile Radio Service (CMRS) provided by Tier III
wireless carriers. See,
FCC notice [PDF]. This is WT Docket No. 02-377.
Deadline to submit comments to the The
National Telecommunications and Information
Administration (NTIA) regarding the health and life insurance cancellation
notices exception to the Electronic Signatures in Global and National Commerce
(E-SIGN) Act. The Act provides, at §101, for the acceptance of electronic
signatures in interstate commerce, with certain enumerated exceptions. §103 of
the Act provides that the provisions of section 101 shall not apply to "the
cancellation or termination of health insurance or benefits or life insurance
benefits (excluding annuities)". (Parentheses in original.) The Act also
requires the NTIA to review, evaluate and report to Congress on each of the
exceptions. The E-SIGN Act is codified at
15 U.S.C. § 7001,
et seq. The exceptions are codified at
15 U.S.C. § 7003.
Extended deadline to submit applications to the
Federal Communications Commission (FCC) for membership on the FCC's
Consumer Advisory Committee. For more information, contact Scott Marshall at
202 418-2809 firstname.lastname@example.org. The
deadline had been January 31. On January 31 the FCC extended the deadline.
|Tuesday, February 11
|The House will meet at 12:30 PM for morning hour, and at 2:00 PM to
consider several non tech related measures; votes are postponed until 6:30 PM.
9:30 AM. The Commerce Department's
Bureau of Industry and Security's (BIS) Sensors and Instrumentation
Technical Advisory Committee will meet. Part of the meeting will be closed to
the public. See,
notice in the Federal Register, January 17, 2003, Vol. 68, No.12, at Page
2499. Location: Herbert Hoover Building, Room 3884, 14th Street between
Constitution and Pennsylvania Avenues, NW.
10:00 AM. Federal Reserve Board
Greenspan will testify before the
Senate Banking Committee on
monetary policy. Location: Room 216, Hart Building.
5:00 PM. The Federal Communications
(FCBA) Diversity Committee and Young Lawyers Committee will host a Law School
Outreach Program at George Washington University for law students interested
in practicing communications law.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its Notice of
Inquiry (NOI) regarding competition in the Commercial Mobile Services (CMRS)
industry. The FCC seeks data and information for its Eighth Annual Report and
Analysis of Competitive Market Conditions with Respect to Commercial Mobile
Services. This is WT Docket No. 02-379. See,
notice in the Federal Register, January 7, 2003, Vol. 68, No. 4, at Pages
730 - 740. For more information, contact Chelsea Fallon at 202 418-7991.
|Wednesday, February 12
|The House will meet at 10:00 AM for legislative business; the agenda
includes consideration of
The Do-Not-Call Implementation Act.
9:30 AM. The Senate Judiciary
Committee will hold a hearing on judicial nominations. Location: Room 226,
10:00 AM. Federal Reserve Board
Greenspan will testify before the
House Financial Services
Committee on monetary policy and the state of the economy. Location: Room
2128, Rayburn Building.
10:00 AM to 12:00 NOON. The
Federal Communications Commission's (FCC)
Office of Engineering and Technology (OET)
will host a tutorial titled "Feature Detection and Listen Before Talk
Systems", which have possible applications for unlicensed systems. John Betz
of the Mitre Corporation will speak. See,
notice. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street
12:00 PM (approximate time). The
Senate Finance Committee will hold a hearing on several nominations,
including that of Charlotte Lane to be a
member of the U.S. International Trade
Commission. This hearing will commence immediately after the conclusion of
the 9:30 AM Committee hearing on proposals for economic growth. See,
[PDF]. Location: Room 215, Dirksen Building.
1:00 - 5:00 PM. The National
Telecommunications and Information Administration (NTIA) will host an
event titled "Voice Over Internet Protocol (VoIP) Roundtable". The NTIA stated
notice that the event will address VoIP "and the convergence of the
Internet and the public switched telephone network. The roundtable will
include an overview of VoIP technology, including a brief demonstration of the
Commerce Department's new VoIP telephone system." There will also be two panel
agenda. The event will be webcast. Location: Department of Commerce, 1401
Constitution Avenue, NW, Room 4830.
5:00 - 7:00 PM. The Congressional
Internet Caucus will hold its "6th Annual Kickoff Reception & Technology
Fair". The schedule includes brief statements by the Internet Caucus
Chairmen, Sen. Conrad Burns (R-MT),
Sen. Patrick Leahy (D-VT),
Rep. Bob Goodlatte (R-VA), and
Rep. Rick Boucher (D-VA), and by
Timothy Muris, Chairman of the Federal Trade
Commission (FTC) and Howard Schmidt, Acting Chairman of
the President’s Critical Infrastructure Security Board. There will also be
technology demonstrations by Advanced Biometric Systems, E-Gov OS, Full Audio
(music downloads), MovieLink, NTT DoCoMo (3G), Proxim (WiFi), University of
Virginia (telemedicine), and Xybernaut. Location: Room 902, Hart Senate Office
|Thursday, February 13
|The House will meet at 10:00 AM for legislative business.
9:00 AM - 2:00 PM. The American Enterprise
Institute (AEI) will host a conference titled "Tax,
Trade, and Cowboy Capitalism in the United States and Europe".
Rep. Bill Thomas (R-CA),
Chairman of the House Ways and Means
Committee, will give a keynote address at 9:00 AM. There will be three
panel discussions. Finally, Sen. Max
Baucus (D-MT), the ranking Democrat on the
Senate Finance Committee, will
give the luncheon address at 1:00 PM. Location: AEI, 1150 Seventeenth St., NW.
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. See,
Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).
2:30 PM. The Senate Commerce
Committee will hold a hearing on "infrastructure
needs of minority serving institutions". See,
the Digital & Wireless Network Technology Program Act of 2003,
a bill to create a grant program for minority serving institutions, sponsored
by Sen. George Allen (R-VA).
Location: Room 253, Russell Building.
3:00 PM. The House Ways and Means
Committee's Subcommittee on Oversight will hold a hearing titled "Free
Electronic Filing and National Taxpayer Advocate Annual Report". Location:
Room 1100, Longworth Building.
6:00-8:00 PM. The FCBA will host a reception
for Federal Communications Commission (FCC)
Adelstein. Tickets to attend must be purchased by February 10. See,
purchase form. Location:
Mayflower Hotel, Grand Ballroom, 1127 Connecticut Ave., NW.
|Friday, February 14
|TO BE DECIDED WITHOUT ORAL ARGUMENT.
|9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Moultrie Independent Telephone
Company v. FCC, No. 01-1506. Judges Tatel, Garland and Williams will
preside. Location: 333 Constitution Ave., NW.
Deadline to submit comments to the
U.S. Court of Appeals for the Ninth
Circuit regarding the reappointment of Judge Arthur Weissbrodt, U.S.
Bankruptcy Judge for the Northern District of California, San Jose Division.
His current term expires on December 2, 2003. See,
12:00 NOON. Deadline to submit comments to the
Office of the U.S. Trade Representative (USTR)
regarding countries that deny adequate and effective protection of
intellectual property rights or deny fair and equitable market access to U.S.
persons who rely on intellectual property protection. The USTR is required by
Section 182 of the Trade Act of 1974 to make designations, commonly referred
to as Special 301 designations, of countries that deny adequate
protection, or market access, for IPR. See,
19 U.S.C. § 2242.
notice in the Federal Register, December 30, 2002, Vol. 67, No. 250, at
Pages 79683 - 79684.
|Tech Crime Report
|2/6. A grand jury of the U.S. District Court (CDCal) returned
an indictment against Andy Garcia on January 28 charging unauthorized access
to a protected computer. The Department of
Justice's (DOJ) Computer
Crimes and Intellectual Property Section (CCIPS)
stated in a release
that Garcia had been a network administrator at Viewsonic Corporation,
which makes computer monitors, and that after he was terminated he accessed company servers
and deleted files. He was arrested on February 6.
2/3. Joseph Mitchell was sentenced in U.S.
District Court (NDCal) to 46 months in prison for
trafficking in counterfeit labels for copies of computer programs in violation
of 18 U.S.C. § 2318.
The U.S. Attorneys Office (USAO) stated in a
that Mitchell sold infringing copies of Autodesk and other computer aided design
(CAD) software through eBay, Yahoo, Up4sale, Ubid, and Lycos. He also used counterfeit
labels. See also, CCIPS
2/3. William Fitzgerald plead guilty in U.S.
District Court (EDVa) to one count of criminal copyright infringement in
17 U.S.C. § 506(a)(2)
and 18 U.S.C. § 2319(c)(1)
in connection with his distribution of pirated software through a web site. He
made available for download, but did not sell, copyrighted applications made by
Adobe, Autodesk, Macromedia, and Microsoft. See, CCIPS
[PDF], USAO statement of facts [PDF], and
plea agreement [14 pages in PDF].
|2/6. The Department of Justice (DOJ)
filed a complaint
in U.S. District Court (DC) against
Gemstar TV Guide International, Inc. and TV Guide, Inc., alleging violations of
§ 1 of the Sherman Act, 15 U.S.C. § 1, which prohibits agreements in restraint
of trade, and § 7A of the Clayton Act, 15 U.S.C. § 18a, which prohibits the
acquisition of assets by would be merging parties prior to the expiration of
statutory waiting periods. The DOJ simultaneously announced that it reached a
settlement with the defendants. See,
Proposed Final Judgment. See also,
2/7. The Federal Communications Commission
(FCC) released a
notice [PDF] regarding the status of its request for comments pertaining to
[PDF] of its Spectrum Policy Task
Force (SPTF). The notice states that "On November 15, 2002, the Commission
issued a Public Notice, seeking comment
on the Spectrum Policy Task Force Report. Pursuant to the provisions of 47 C.F.R.
§§ 1.1200(a) and 1.1204(b)(1) of the Commission's rules, this proceeding
is deemed an exempt proceeding, comparable to a notice of inquiry proceeding. Ex
parte presentations to or from Commission decision-making personnel are
permissible and need not be disclosed. For further information, contact Fred Thomas,
at 202-418-7783 (SPTF) or
SPTFINFO@FCC.GOV. ET Docket No. 02-135."
2/7. An organization named the Center
for Public Integrity (CPI) published in its website a
file [12 MB PDF scan] which the CPI states is a draft bill prepared by the
Department of Justice titled the "Domestic Security Enhancement Act of 2003".
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