12/9. James Rogan announced his resignation as Director of the U.S. Patent and Trademark Office (USPTO). The USPTO stated in a release that the resignation is effective January 9, 2004. The USPTO cited no reasons for the departure. Deputy Director Jon Dudas will become Acting Director.

He was nominated by President Bush on May 25, 2001, and confirmed by the Senate on November 30, 2001. The USPTO's Brigid Quinn stated that "he has pretty much accomplished what he set out to accomplish", citing the preparation of the 21st Century Strategic Plan.

Rogan (at right) was previously a state prosecutor in California, a state judge, a state legislator, and a member of the House of Representatives.

Many of the Burbank residents of his House district worked for NBC and Disney studios. Hence, he worked to protect the copyright interests of the entertainment industry, as well as the rights of all intellectual property owners generally. His district was also home to many engineering and high tech firms located around CalTech in Pasadena.

He was a member of the House Commerce Committee and its Telecommunications and Internet Subcommittee, and the House Judiciary Committee and its Subcommittee on Courts, and its Internet and Intellectual Property Subcommittee (CIIP). He was also a an impeachment manager. He lost the 2000 election to Rep. Adam Schiff (D-CA), who is now a member of the House Judiciary Committee and its CIIP. See also, TLJ biography of Rogan, written in 1999.

Quinn further stated that Rogan and his family will soon return to Southern California. She added that he is "leaving to edit his autobiography". It will be titled Rough Edges, and will be published in the summer of 2004 by Harper Collins.

12/9. The Federal Communications Commission (FCC) filed its brief [126 pages in PDF] with the U.S. Court of Appeals (3rdCir) in Prometheus Radio Project v. FCC, a challenge to the media ownership rules changes that the FCC announced at its June 2, 2003 meeting. This proceeding is also consolidated with many other challenges to the FCC's rules.

On June 2, 2003, the FCC announced its Report and Order and Notice of Proposed Rulemaking [257 pages in PDF] amending its media ownership rules. This item is FCC 03-127. See, story titled "FCC Announces Revisions to Media Ownership Rules" in TLJ Daily E-Mail Alert No. 672, June 3, 2003.

The FCC released the text of the order on July 2, 2003. See, story titled "FCC Releases Media Ownership Order and NPRM" in TLJ Daily E-Mail Alert No. 692, July 7, 2003.

Numerous petitions for review of various parts of the order were filed, mostly in the District of Columbia. On August 19, the Judicial Panel on Multidistrict Litigation consolidated all of the petitions in the Third Circuit.

The Third Circuit issued an order [3 page PDF scan] on September 3 staying the FCC's rules changes. See, story titled "3rd Circuit Stays FCC's Media Ownership Rule Changes" in TLJ Daily E-Mail Alert No. 732, September 4, 2003.

Some petitions argue that the FCC went too far in relaxing some of its media ownership rules. Others argue that the FCC should have further relaxed, or eliminated, certain rules.

The FCC argues that the Court of Appeals lacks jurisdiction over some of the claims, on the basis that they are the subject of petitions for reconsideration that are still pending at the FCC.

More generally, the FCC's brief argues that "The FCC's revised broadcast ownership rules are a responsible exercise of the agency’s expansive authority to regulate television and radio broadcasting in the public interest. The revised rules advance three well-established goals: (1) promoting competition among broadcasters, (2) preserving a diversity of views in the media marketplace, and (3) ensuring that broadcast stations are responsive to the needs and interests of their local communities."

The brief states that "The Commission's revised rules do not, by any stretch of the imagination, ``eviscerate´´ the system of media ownership regulation, as Prometheus contends. ... While in some cases the Commission relaxed existing rules (for example, the local television ownership limits and the national audience reach cap), in others the Commission’s changes have the effect of tightening existing rules (as with the Commission’s choice of Arbitron radio market definitions). In every instance, however, the revised rules leave in place a comprehensive set of ownership limitations that continue to restrain multiple ownership of broadcast stations in local markets, regulate cross-media ownership, and cap the national reach of television station groups." (Parentheses in original.)

The brief adds that "By the same token, the record did not compel the Commission to ``relax´´ its ownership rules ``further,´´ or to ``repeal them outright,´´ as the industry petitioners contend. ... As the Commission recognized, the abundance of media voices in today's information society has not yet eliminated the need for protections against undue domination of the media marketplace."

This case is Prometheus Radio Project, et al. v. FCC and USA, Nos. 03-3388, 03-3577, 03-3578, 03-3579, 03-3580, 03-3581, 03-3582, 03-3651, 03-3665, 03-3675, 03-3708, 03-3894, 03-3950, 03-3951 & 03-4073, petitions for review of a final order of the FCC. Numerous redundant petitions were filed in numerous federal circuits by some petitioners, in part, as a forum shopping strategy, which succeeded.

12/8. The European Union released a document [30 pages in PDF] titled "2552th Council meeting: GENERAL AFFAIRS: Brussels, 8 December 2003". Among other topics, it addresses the U.S. Foreign Sales Corporation (FSC) and Extraterritorial Income (ETI) tax regimes, which the World Trade Organization (WTO) has found to constitute illegal export subsidies. Further replacement legislation is pending in both the House and Senate.

This document states that "The Council adopted a Regulation establishing additional customs duties on imports of certain products from the United States in response to continuing non-compliance by the US with World Trade Organisation dispute settlement rulings on the incompatibility with WTO rules of its Foreign Sales Corporation Act and replacement legislation (14359/03)."

"The Regulation provides for the imposition of countermeasures by means using a gradual approach, both in terms of timing and the level of duties. The applications of duties at an initial level of 5 % in March 2004, will be increased monthly up to a level of 17 % in March 2005, and thereafter the Commission will present a proposal for further action in the light of developments."

"On the selected products, tariff bindings granted by the EU to the US will be suspended from 1 March 2004, and the suspension will be noted to the WTO by that date. The timing is aimed at allowing the US to comply with the WTO ruling before the countermeasures are actually imposed. The suspension of tariff bindings will be temporary and will only be applied until such time as the incompatibility with WTO rules has been removed. The Commission will present a proposal for repeal of the Regulation even before the countermeasures are applied on 1 March in the case the US has fully complied with WTO rulings before that date."

Finally, it states that "Following the dispute settlement rulings in March 2000 and January 2003, the WTO Dispute Settlement Body in May 2003 authorised the EU to impose countermeasures against the US for a total of USD 4 billion."

See also, document [14 pages in PDF] titled "Proposal for a COUNCIL REGULATION establishing additional customs duties on imports of certain products originating in the United States of America".

12/9. President Bush formally nominated Samuel Bodman to be Deputy Secretary of the Treasury. He would replace Kenneth Dam, who resigned. President Bush also formerly withdrew his nomination of Susan Schwab for this position. Both actions had previously been announced. See, White House release.

12/9. President Bush nominated Brian Carlton Roseboro to be an Under Secretary of the Treasury. He would replace Peter Fisher, who resigned. See, White House release.

12/9. President Bush nominated Rhonda Keenum to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service. She would replace Maria Cino, who resigned. See, White House release.

12/8. Linn Draper and Gerald Storch were named to Sprint's Board of Directors. See, Sprint release.

The House may take up conference reports. See, Republican Whip Notice.

8:15 - 11:30 AM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology will meet. Some of the meeting will be closed to the public. The agenda includes a NIST update on current NIST programs; strategic plan and program priorities; human resources, safety, and diversity; and program implementation and evaluation. The deadline to register is December 4. Contact Carolyn Peters at 301 975-5607 carolyn.peters@nist.gov. See, notice in the Federal Register,  November 25, 2003, Vol. 68, No. 227, at Pages 66074 - 66075. Location: NIST, Employees Lounge, Administration Building, Gaithersburg, MD.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Standards's (BIS) Regulations and Procedures Technical Advisory Committee will hold a public meeting. The agenda includes, among other topics, "Discussion on technology controls, including proposed rule on computer and microprocessor technology", and "Discussion on deemed export licensing". See, notice in the Federal Register, November 20, 2003, Vol. 68, No. 224, at Page 65437. Location: Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host a panel discussion titled "Is There Really A Manufacturing Job Crisis?" The speakers will be Robert Atkinson (PPI's Technology and New Economy Project), Bob Baugh (AFL-CIO), Stephen Moore (Cato Institute and Club for Growth). See, notice. Location: 600 Pennsylvania Avenue, SE, Suite 400.

12:15 - 1:45 PM. The New America Foundation will host a panel discussion titled "Should Last Mile Broadband Connection to the Home be Universal? Should the Government Build the Infrastructure to make it Happen?" The speakers will be Reed Hundt (former FCC Chairman), Harold Furchtgott-Roth (former FCC Commissioner), and William Lehr (MIT). See, notice. RSVP to Jennifer Buntman at buntman@newamerica.net or 202 986-4901. Location: 1630 Connecticut Ave., NW, 7th Floor.

4:00 PM. The Cato Institute will host a book forum. James Bovard will discuss his book titled Terrorism and Tyranny: Trampling Freedom, Justice and Peace to Rid the World of Evil, and Philip Heymann will discuss his book titled Terrorism, Freedom, and Security: Winning Without War. See, notice. The event will be webcast. Location: Cato, 1000 Massachusetts Avenue, NW.

Day one of a two day conference hosted by the Department of Commerce (DOC) titled "Workshop on Optics and Photonics in Transportation and Infrastructure". Different notices state that at 8:30 AM or at 10:30 AM Ben Wu (Deputy Under Secretary of Commerce) will give opening remarks. Other scheduled speakers include Jeffrey Shane (Under Secretary of Transportation for Policy) and Stephen McHale (Deputy Administrator, Transportation Security Administration). See, event web site. For more information, contact Connie Correll at 202 482-1065. Location: DOC.

Day one of a two day symposium hosted by the National Institute of Standards and Technology (NIST) titled "Building Trust and Confidence in Voting Systems". The topics to be addressed include computer security. See, notice and symposium web site. The registration deadline is December 2. Location: NIST, Red Auditorium, Building 101.

Day two of a two day meeting of the Executive Office of the President's (OEP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Science's Subcommittee on Research Business Models regarding the policies, procedures, and plans relating to the business relationship between federal agencies and research performers. See, notice in the Federal Register, September 16, 2003, Vol. 68, No. 179, at Pages 54225 - 54226. Location: Department of Agriculture, 1400 Independence Ave., SW.

TIME? On December 10-12 there will be a conference hosted by many government agencies titled "Perspectives on Employment of Persons with Disabilities". On December 10 Ben Wu (Deputy Under Secretary of Commerce) will speak on the Department of Commerce's Assistive Technology Initiative. For more information, contact Connie Correll at 202 482-1065. Location: Hyatt Regency Bethesda Hotel, Bethesda, MD.

Deadline for AT&T Wireless to respond to the December 4 letter [PDF] of John Muleta, Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB), regarding the extent of AT&T's compliance with the FCC's number portability rules that went into effect on November 24, 2003.

The House may take up conference reports. See, Republican Whip Notice.

Day two of a two day symposium hosted by the National Institute of Standards and Technology (NIST) titled "Building Trust and Confidence in Voting Systems". The topics to be addressed include computer security. See, notice and symposium web site. The registration deadline is December 2. Location: NIST, Red Auditorium, Building 101.

Day one of a two day conference hosted by the Power Line Communications Association (PLCA). Acting head of the National Telecommunications and Information Administration (NTIA) Michael Gallagher is scheduled to speak at 3:00 PM. For more information, contact Craig Schaar. Location: Troutman Sanders, Conference Center, 401 Ninth Street, NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding the impact that communications towers may have on migratory birds. See, notice in the Federal Register, September 12, 2003, Vol. 68, No. 177, at Pages 53696 - 53702. This is Docket No. WT 03-187, and FCC 03-205. The FCC adopted this NOI on August 8, 2003, and released it on August 20, 2003. See also, story titled "FCC Release NOI On Communications Towers and Migratory Birds" in TLJ Daily E-Mail Alert No. 723, August 21, 2003.

The House may take up conference reports. See, Republican Whip Notice.

Day two of a two day conference hosted by the Power Line Communications Association (PLCA). For more information, contact Craig Schaar. Location: Troutman Sanders, Conference Center, 401 Ninth Street, NW.

12:00 NOON. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "The Next Step in Telecom: Deregulation of Retail Rates". The speakers will be Randolph May (PFF), Joseph Kraemer (LECG), Blair Levin (Legg Mason Equity Research), John Morabito (Qwest), and John Windhausen (Association for Local Telecommunications Services). Lunch will be served. To register, contact Rebecca Fuller at 202 289-8928 or rfuller@pff.org. Location: Room B-369, Rayburn Building.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding barriers to U.S. exports of goods, services and overseas direct investment for inclusion in the USTR's annual National Trade Estimate Report on Foreign Trade Barriers (NTE). The USTR seeks comments on, among other issues, lack of intellectual property protection, trade restrictions affecting electronic commerce, and technology transfer requirements. See, notice in the Federal Register, October 31, 2003, Vol. 68, No. 211, at Pages 62159 - 62160.

Deadline to submit reply 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. § 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. § 251. See, FCC notice [PDF]. This is WC Docket No. 03-235.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding Northland Networks' petition pursuant to 47 U.S.C. § 252(e)(5) requesting that the FCC preempt the jurisdiction of the New York Public Service Commission to resolve a dispute between Northland and Verizon regarding reciprocal compensation and change of law provisions of their interconnection agreements. This is WC Docket No. 03-242. See, FCC notice [PDF].

The Supreme Court will begin a recess. (It will return from recess on January 12, 2004.)

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon v. FCC, No. 03-1080. Judges Randolph, Rogers and Garland will preside. Location: 333 Constitution Ave. NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Cellco Partnership v. FCC, No. 02-1262. Judges Randolph, Rogers and Garland will preside. Location: 333 Constitution Ave. NW.

Day one of a seven day trial in USA v. First Data & Concord EFS, Inc., in the U.S. District Court (DC), D.C. No. 03-2169 (RMC). See, Scheduling and Case Management Order [9 pages in PDF] and story titled "DOJ Sues to Stop Merger of PIN Debit Networks", also published in TLJ Daily E-Mail Alert No. 765, October 24, 2003. Location: U.S. Courthouse, 333 Constitution Ave., NW.

TIME? The Department of Homeland Security's (DHS) Homeland Security Advanced Research Projects Agency (HSARPA) will host a one-day workshop to obtain feedback from the academic community on how to work with the DHS's research and development program." See, DHS release. Location?

Deadline to register to attend the December 17 meeting of the National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award. Contact Virginia Davis at virginia.davis@nist.gov or 301 975-2361. See, notice in the Federal Register, November 25, 2003, Vol. 68, No. 227, at Page 66075.

Deadline for federal branch agency Chief Information Officers (CIOs) to submit reports to the Office of Management and Budget (OMB) regarding the E-Government Act of 2002. See, November 21, 2003 memorandum from Karen Evans (Administrator for E-Government, Information and Technology Policy at the OMB) to the CIOs.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Overview of Program Activities of the NIST Information Technology Laboratory's Computer Security Division", "Update by OMB on Privacy and Security Issues", and "Briefing by Department of Homeland Security Office Privacy Officer Nuala Connor-Kelly". See, notice in the Federal Register, November 21, 2003, Vol. 68, No. 225, at Page 65681. Location: Gaithersburg Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

1:30 - 4:30 AM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Technology and Committee on Homeland and National Security will hold a meeting that is closed to the public. For more information, contact John Hoyt at john.hoyt@dhs.gov or 202 772-9959. Location: White House Conference Center, Truman Room.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of 47 U.S.C. § 272(b)(1). This NPRM is FCC 03-272 in WC Docket No. 03-228. The FCC adopted this NPRM on November 3, 2003, and released it on November 4, 2003. For more information, contact Christi Shewman at 202 418-1686 or christi.shewman@fcc.gov. See, notice in the Federal Register, November 21, 2003, Vol. 68, No. 225 at Pages 65665 - 65667.