|Senate Passes Another Version of Spam Bill
11/25. The Senate amended and passed
the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of
2003", also known as the "CAN-SPAM Act of 2003", by voice vote.
The Senate passed its first version of the bill on October 22, 2003 by a vote
of 97-0. See, TLJ story titled "Senate
Passes Burns Wyden Anti-Spam Bill" in TLJ Daily E-Mail Alert No.
765, October 24, 2003. On November 22, the House passed another version of the bill by a vote of
Roll Call No.
671. See also, story titled "House Passes Spam Bill" in TLJ Daily E-Mail Alert
No. 785, November 24, 2003.
The bill just passed by the Senate is a third version. Hence, the Congress
has not yet passed a spam bill.
Sen. Conrad Burns (R-MT), a sponsor of
the bill, issued a
release that states that "The House of Representatives is expected to give
final approval in December for the President's signature into law." On Tuesday
afternoon, November 25, the House went into recess until December 8.
See also, stories titled "Senators Burns and Wyden Re-Introduce Can Spam Bill" in
TLJ Daily E-Mail
Alert No. 643, April 14, 2003; "Senate Commerce Committee Passes Spam Bill"
in TLJ Daily E-Mail
Alert No. 685, June 20, 2003; and "House Judiciary Committee Holds Hearing on
Spam Bill", "House Commerce Committee Holds Hearing on Spam Bills" and "Spam
Bills Pending in the House and Senate" in
TLJ Daily E-Mail
Alert No. 696, July 11, 2003.
|Rep. Smith Introduces Bill to Strengthen Ban
on Counterfeit Labeling of Software, Movies and Music
11/21. Rep. Lamar Smith (R-TX)
3632, the "Anti-counterfeiting Amendments of 2003", a bill to revise and
expand 18 U.S.C. ß
2318, which pertains to trafficking in counterfeit labels, documentation and
packaging of computer programs, phonorecords, and movies.
The bill contains numerous changes. For example, the bill would expand the
scope of activities encompassed by counterfeit labeling to include such things
as using genuine labels with an item for which they were not intended, and altering
the number of authorized users of computer programs.
Currently, a "counterfeit label" is defined as "an identifying label or
container that appears to be genuine, but is not". The bill would add that a
"counterfeit label" also includes "a genuine certificate, licensing document,
registration card, or similar labeling component (i) that is used by the
copyright owner to verify that a phonorecord, a copy of a computer program, a
copy of a motion picture or other audiovisual work, or documentation or
packaging is not counterfeit or infringing of any copyright; and (ii) that is,
without the authorization of the copyright owner (I) distributed or intended for
distribution not in connection with the copy or phonorecord to which such
labeling component was intended to be affixed by the respective copyright owner;
or (II) in the case of a computer program, altered or removed to falsify the
number of authorized copies or users, type of authorized user, or edition or
version of the computer program".
This bill would also add a new subsection to Section 2318 that creates civil remedies for
violation of this section, including injunctive relief and actual or statutory
The bill was referred to the House
Judiciary Committee (HJC). Rep. Smith is the Chairman of its Subcommittee on
Courts, the Internet and Intellectual Property (CIIP). The original cosponsors of the
bill are Rep. Ric Keller (R-),
Rep. Robert Wexler (D-FL),
Rep. Bob Goodlatte (R-VA),
Rep. Elton Gallegly (R-CA), and
John Carter (R-TX). All are members of the HJC and CIIP.
|DC Circuit Dismisses Petitions for Review in
AT&T v. FCC
11/25. The U.S.
Court of Appeals (DCCir) issued its
[17 pages in PDF] in AT&T v. FCC, dismissing petitions for review of a
Federal Communications Commission (FCC)
declaratory ruling in a proceeding pertaining to charging access fees for access
to a wireless network. The Appeals Court wrote that the issues raised by the
petitions are not properly before the Appeals Court.
This is a consolidation of several petitions for review, filed by AT&T,
Sprint Spectrum and Cellco Partnership, of a declaratory ruling of the FCC
responding to a primary jurisdiction referral from the U.S. District Court (WDMo).
The Appeals Court wrote that "The referral arose during the course of
litigation between AT&T and Sprint in Missouri in which Sprint sought
compensation from AT&T for its use of Sprintís wireless network. AT&T removed
the case from state court to the federal district court, which then referred
specific questions to the FCC under the doctrine of primary jurisdiction. In its
referral order, the district court inquired of the FCC (1) whether Sprint may
charge access fees to AT&T for access to the Sprint PCS wireless network and, if
so, (2) the reasonableness of Sprintís charges."
The Appeals Court continued that "After receiving petitions for declaratory
rulings from both AT&T and Sprint,
along with public comments, the Commission held that Sprint is entitled to
collect access charges from AT&T only to the extent that a contract between the
parties imposes a payment obligation on AT&T. The FCC declined to determine the
reasonableness of any rate until after the district court determined whether the
parties are bound by a contract. Both AT&T and Sprint raise numerous challenges
to the Commissionís ruling, none of which are properly before this court for
review. Accordingly, we dismiss the petitions for review."
The Appeals Court held that the petitions of AT&T and Sprint are unripe for
This case is AT&T Corporation v. FCC and USA, respondents, and Qwest Communications
International, Inc., et al., intervenors, and consolidated cases, Nos.
02-1221, 02-1240, 02-1263, and 02-1275, petitions for review of a declaratory
ruling of the FCC.
|FCC Publishes Notices Regarding Secondary
Leasing of Spectrum
11/25. The Federal Communications Commission
(FCC) published three items related to its proceeding titled "In the Matter of
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development
of Secondary Markets". First, it published in its web site an
[2 pages in PDF] to its October 6, 2003 Report and Order (R&O) and Further Notice
of Proposed Rulemaking (FNPRM). Second, it published in the Federal Register its
notice of the adoption of final rules in this R&O. Third, it published
in the Federal Register a
regarding its FNPRM.
The FCC adopted its original
Notice of Proposed
Rulemaking [61 pages in PDF] on November 9, 2000.
See, TLJ story titled "FCC Discusses
Secondary Markets for Wireless Spectrum", and TLJ news analysis titled "Mobile Internet
Access Devices and the Internet", both dated November 10, 2000.
The FCC adopted its
Report and Order and Further Notice of Proposed Rulemaking [198 pages in
PDF] on May 15, 2003. See, story titled "FCC Adopts Order Allowing Some
Secondary Leasing of Spectrum", in
TLJ Daily E-Mail
Alert No. 663, May 16, 2003. However, the FCC did not release
this document until October 7, 2003. See,
story titled "FCC Finally Releases R&O and FNPRM in Secondary Spectrum Markets
Proceeding" in TLJ
Daily E-Mail Alert No. 755, October 8, 2003.
The November 25 Erratum states that the October 6 item "determined that the particular
services affected by the Commissionís streamlined transfer and assignment application
processing policies were identical to those services encompassed within the spectrum
leasing policies. The text of one of the rule provisions, however, mistakenly
did not reflect this determination."
The notice of the R&O in the Federal Register (November 25, 2003, Vol. 68, No. 227,
at Pages 66252 - 66286) addresses the erratum, summarizes the new final rules in
this R&O, and provides that
most of the new rules take effect on January 26, 2004.
The notice of the FNPRM in the Federal Register (November 25, 2003, Vol. 68,
No. 227, at Pages 66231 - 66251) summarizes the FNPRM and confirms the deadlines
for public comments. Comments are due December 5, 2003. Reply comments are due
January 5, 2004.
This R&O and FNPRM is FCC 03-113 in WT Docket No. 00-230. For more information,
contact Paul Murray of the FCC's Wireless
Telecommunications Bureau at 202 418-7240 or
|More Capitol Hill News
11/25. The House adjourned until 9:30 AM on December 8, 2003.
11/15. The Senate adjourned until 10:00 AM on December 9, 2003.
11/21. Rep. Richard Baker (R-LA),
Rep. Anna Eshoo (D-CA),
Rep. David Dreier (R-CA), introduced
the "Stock Option Accounting Reform Act". This is the House companion bill to
introduced by Sen. Mike Enzi (R-WY),
Sen. Harry Reid (D-NV) and others on
November 19. These bills would require the expensing of stock options, but only
for the top five executives of companies, with exemptions for small businesses
and start ups. HR 3574 was referred to the
House Financial Services Committee.
Rep. Baker is the Chairman of its Subcommittee on Capital Markets, Insurance and
Government Sponsored Enterprises. The other original cosponsors of the House
bill are Rep. Mark Kennedy (R-MN), Rep.
Mike Honda (D-CA), Rep. Ellen
Tauscher (D-CA), Rep. Zoe Lofgren
(D-CA), and Rep. Eric Cantor (R-VA).
See also, story titled "Senators Introduce Bill to Require Expensing of Stock
Options Granted to Officers" in TLJ Daily E-Mail Alert No. 784, November 21,
11/21. Karen Evans, who is the Administrator for E-Government, Information
and Technology Policy at the Office of
Management and Budget (OMB), wrote a
memorandum to the Chief Information Officers of executive branch agencies regarding
reports to the OMB under the E-Government Act of 2002. The memorandum states that "Agency reports are due from agency Chief
Information Officers to OMB on December 15, 2003 and should be submitted
electronically to Danny Costello at
firstname.lastname@example.org." On August 1, 2003, the OMB released a
pages in PDF] regarding "Implementation Guidance for the E-Government Act of
2002". This memorandum, M-03-18, states that it "(1) outlines new E-Government
Act requirements for Federal agencies; (2) explains what agencies are expected
to provide under the E-Gov Act to support ongoing initiatives and new
activities, including reports; and (3) explains how the Act authorizes certain
ongoing governmentwide initiatives. This guidance also explains, throughout the
document, how the E-Government Act fits within existing IT policy, such as OMB
Circulars A-11 and
|The TLJ Daily E-Mail Alert will not be published on Thursday,
|Washington Tech Calendar
New items are highlighted in red.
|Wednesday, November 26
The House is in adjournment until December 8.
The Senate is in adjournment until
4:00 PM. Deadline for the
Federal Communications Commission's
(FCC) to file with the U.S. Court of
Appeals (DCCir) its response to the U.S.
Telecom Association's (USTA) and CenturyTel's emergency motion for stay of
the FCC's number portability rules.
Deadline to submit nominations to the
Department of Commerce's (DOC)
Technology Administration (TA) of
individuals for appointment to the National Medal of Technology Nomination
Evaluation Committee (NMTNEC). The TA states that "Typically, Committee
members are present or former Chief Executive Officers, former winners of the
National Medal of Technology; presidents or distinguished faculty of universities;
or senior executives of non-profit organizations." See,
notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at
Deadline for the Federal
Communications Commission's (FCC) Media
Security and Reliability Council (MRSC) to complete voting on recommendations
regarding prevention and restoration measures to ensure the continued operation and
security of media facilities in the face of a national emergency. These recommendations
were presented at the biannual meeting of the MRSC on November 6, 2003. See, FCC
|Friday, November 28
National Press Club will be closed.
Deadline to submit comments to the National
Intellectual Property Law Enforcement Coordination Council (NIPLECC) regarding
the agenda and mission of the NIPLECC. See,
notice in the Federal Register, October 28, 2003, Vol. 68, No. 208, at
|Monday, December 1
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding its
Fourth Notice of Proposed Rulemaking [49 pages in PDF] in which it
proposes to make spectrum available to federal users that will be displaced
from the 1710-1850 MHz band to make it available for advanced wireless
notice in the Federal Register September 2, 2003, Vol. 68, No. 169, at
Pages 52156 - 52168. See, also stories titled "FCC Releases NPRM Regarding
Allocating Spectrum to DOD to Replace Spectrum Allocated for 3G Services" in
TLJ Daily E-Mail
Alert No. 694, July 9, 2003, and "FCC Sets Deadlines for Comments
Regarding Spectrum Reallocations Relating to 3G Services" in TLJ Daily E-Mail
Alert No. 731, September 3, 2003. This is ET Docket No. 00-258 and WT Docket
10:00 AM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Intergraph v. Intel, No.
03-1153. Location: Courtroom 203, 717 Madison Place, NW.
10:30 AM - 3:00 PM. The Federal
Communications Commission (FCC) will hold a forum on Voice over Internet
Protocol (VOIP) issues. Subsequently, it will issue a Notice of Public Rule
Making (NPRM) "to inquire about the migration of voice services to IP-based
networks and gather public comment on the appropriate regulatory environment for
these services". See, FCC
release of November 6, 2003. See also,
agenda released on November 24, 2003.
|Tuesday, December 2
9:00 AM - 4:30 PM. The Executive Office of the
President's (EOP) Office of Science and Technology
Policy's (OSTP) President's
Council of Advisors on Science and Technology (PCAST) will hold a meeting that
is open to the public. The PCAST's
notice in the Federal Register states that the agenda includes the following:
"(1) Discuss and, pending the discussion, approve a draft report from
its information technology manufacturing competitiveness subcommittee; (2)
discuss the preliminary observations and draft recommendations of its
workforce education subcommittee; and (3) continue its discussion of
nanotechnology and its review of the federal National Nanotechnology
Initiative." The notice states both that the meeting will be on December 2
and December 3. Stan Sokul, Executive Director of the OSTP, states that the
meeting is on December 2. For more information, contact Stan Sokul at 202 456-6070
or email@example.com. Location:
Monticello Ballroom (lower level), Wyndham Washington Hotel, 1400 M Street, NW.
9:00 AM - 12:00 NOON. The
Potomac Institute for Policy Studies (PIPS) will host a panel discussion
titled "Enabling New Information Technologies in the War on Terrorism -- And
Protecting Our Privacy at the Same Time". The scheduled speakers include
Robert Popp (DARPA), Dan Gallington
Michael Scardaville (Heritage
Foundation), Jeff Jonas, and Kim Taipale.
To register, contact 703 525-0770 or
firstname.lastname@example.org. Location: Room 106, Dirksen Building.
10:15 AM. The
Markle Foundation's Task Force on National
Security in the Information Age will hold a press briefing on its report titled
"Creating a Trusted Information Network for Homeland Security".
From 11:30 AM - 1:30 PM there will be a panel discussion. Lunch will be
served. RSVP to:
email@example.com or 202 638-4370. For
more information, contact Todd McGovern at
firstname.lastname@example.org or 212
713-7633. Location: Russell Caucus Room (SR-325), Russell Building.
4:00 PM. Deadline for the U.S.
Telecom Association's (USTA) and CenturyTel to file with the
U.S. Court of Appeals (DCCir) their reply
to the Federal Communications Commission's (FCC)
response to their emergency motion for stay of the FCC's number portability rules.
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to SBC
Communications' petition requesting that the FCC forbear from applying
the terms of 47 U.S.C. ß
271(c)(2)(B) to the extent, if any, those provisions impose unbundling obligations
on SBC that this FCC has determined should not be imposed on incumbent local exchange
carriers pursuant to 47 U.S.C.
ß 251. See, FCC
notice [PDF]. This is WC Docket No. 03-235.
|Wednesday, December 3
9:30 AM - 12:00 NOON. The
American Enterprise Institute (AEI) will
host a panel discussion titled "Should Regulators Set Rates to Terminate
Calls on Mobile Networks?" The speakers will be
Greg Sidak (AEI) and Richard Feasey (Vodafone). See,
notice. Location: AEI, 12th Floor, 1150 17th Street, NW.
|Thursday, December 4
Day one of a two day event titled "21st Annual Institute on
Telecommunications Policy & Regulation". See,
notice. The price to attend is $1,295.00. Location: International Trade
Center, Washington DC.
9:00 AM - 12:30 PM. The Internal Revenue Service's
(IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. See,
notice in the Federal Register, November 7, 2003, Vol. 68, No. 216, at
Pages 63192 - 63193. Location: Ritz-Carlton Hotel, Pentagon City, Diplomat
Meeting Room, 1250 South Hayes Street, Arlington, VA.
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Vernal Ent Inc v. FCC,
No. 02-1297. Judges Sentelle, Tatel and Roberts will preside. Location: 333
Constitution Ave. NW.
The Federal Communications Bar Association
(FCBA) will host its annual Chairman's Dinner. Location: The Washington Hilton
|People and Appointments
11/25. The Senate confirmed James Loy to be Deputy Secretary of
Homeland Security, by voice vote.
11/25. President Bush nominated Juan Sanchez to be a Judge of the
District Court for the Eastern District of Pennsylvania. See, White House
11/25. President Bush nominated Marcia Cooke to be a Judge of the
District Court for the Southern District of Florida. See, White House
11/25. President Bush nominated Mark Warshawsky to be Assistant
Secretary of the Treasury for Economic Policy. He is currently Deputy Assistant
Secretary for Economic Policy, Microeconomic Analysis. Before that, he worked
for the TIAA-CREF Institute. See, White House
11/25. President Bush appointed James Wilkinson to be Deputy Assistant
to the President and Deputy National Security Advisor for Communications. Bush
also appointed of Sean McCormack to be Special Assistant to the President
and Senior Director of the National Security Council Press Office. Both
appointments are be effective December 1, 2003. See, White House
11/25. Gregory Cooke was named Deputy Director of the
Communications Commission's (FCC) Enforcement Bureau's Office of Homeland
Security. He has worked at the FCC since 1995. Prior to that, he worked in the
New York City office of the
law firm of Willkie Farr & Gallagher.
See, FCC release.
11/25. BellSouth announced numerous
appointments and departures among its top officers. See, BellSouth
11/25. Michael Sears resigned as a member of Sprint's board of
directors, effective November 25, 2003. See, Sprint
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