2/10. The General Accounting Office (GAO) released a report [43 pages in PDF] titled "Telecommunications: Wire-Based Competition Benefited Consumers in Selected Markets".

The report was prepared for Sen. Mike DeWine (R-OH) and Sen. Herb Kohl (D-WI), the Chairman and ranking Democrat on the Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy and Consumer Rights.

The release of the GAO report coincides an Antitrust Subcommittee hearing on cable industry competition to be held on Wednesday morning, February 11. The witnesses will include Michael Willner (VCh/P/CEO of Insight Communications), Robert Sachs (P/CEO of the National Cable and Telecommunications Association), Mark Cooper (Consumer Federation of America), Scott Cleland (CEO of Precursor), Rodger Johnson (CEO of Knology), and Coralie Wilson (National Association of Telecommunications Officers and Advisors).

The report begins with the statement that "In the past few years, a new kind of wire-based provider -- typically known as a broadband service provider (BSP) -- has emerged to provide competition to local incumbent telephone and cable television providers through a bundled offering of subscription television, local telephone, and high-speed (or broadband) Internet services. These BSPs could enhance the competitiveness of these markets, but they also may face certain challenges that make it difficult for them to become fully viable competitors."

The report then explains its nature and methodology: "we developed a matched-pair case-study approach to compare cities, or markets, where a BSP is operating with similar cities that do not have such a competitor. We selected 6 cities in which a BSP had offered three services -- local telephone, subscription television, and high-speed Internet access -- for at least 1 year. We then chose a match for each of the 6 cities by selecting another city in the same state, where possible, which was of a similar size and demographic profile, but that did not have a BSP."

The GAO also conducted interviews.

It concluded that "On the basis of 12 markets we examined, it appears that BSPs' entry into a market benefited consumers in the form of lower prices for subscription television, high-speed Internet access, and local telephone services. Incumbent cable operators often responded to BSP entry by lowering prices, enhancing the services that they provide, and improving customer service. Incumbent local telephone providers did not appear to have responded as much to BSP entry as was the case with cable providers; these local telephone providers told us that certain federal and state laws limit their ability to respond to new entrants."

Sen. DeWine and Sen. Kohl (at right) stated in a release that "This report confirms what common sense tells us -- the presence of competition to the dominant cable providers benefits consumers and results in lower prices and higher quality of service. ... The role played by new competitors to the incumbent cable companies is clearly critical in bringing this competition to the marketplace".

In contrast, Randolph May of the Progress and Freedom Foundation (PFF) stated in a release that "Putting aside particular questions relating to the study's methodology, such as the very small sample of markets studied, I wonder about the value of GAO's focus only on `wire-based competition´ for multi-channel video services". He added that "the cable industry faces plenty of competition in the digital multi-channel marketplace from a variety of facilities-based providers using different technologies, not least of which are the still-growing direct-to-home satellite service providers".

Brian Dietz of the National Cable & Telecommunications Association (NCTA) criticized the GAO report in a release. He wrote that "It isn't surprising that new entrants seeking to obtain market share in an already competitive market have set prices below economically sustainable levels. This is all the GAO case study reflects."

Dietz added that "If anything, the GAO report reinforces the fact that overbuild prices are either not economically sustainable or are sustainable only because of artificial cost advantages and subsidies that are not available to incumbent cable operators. As GAO explains, ``the [overbuilders] we interviewed have had difficulties securing continued access to adequate financial resources that are needed to rapidly construct their networks and market their services.´´ GAO further acknowledges, ``We did not evaluate the long-term sustainability of the [overbuilders] in the markets we reviewed.´´"

1/28. On January 28, 2004, Federal Bureau of Investigation (FBI) Deputy General Counsel Patrick Kelley wrote a short letter to Federal Communications Commission (FCC) General Counsel John Rogovin. Also, on February 5, John Malcolm, of the Department of Justice's (DOJ) Criminal Division, met with two FCC Commissioners.

Kelley's letter, and Malcolm's notice [PDF] of ex parte meeting, state that the FBI now plans to file a petition for a rule making with the FCC requesting that the FCC expand the requirements of the CALEA to voice over internet protocol (VOIP).

FBI Letter. The letter states that "this letter confirms that the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and Drug Enforcement Administration (DEA) will jointly file a petition before the FCC seeking comprehensive rules to implement the Communications Assistance for Law Enforcement Act of 1994 (CALEA). The petition, which we intend to file within the next several weeks, will address a variety of issues including what broadband services and service providers should be subject to CALEA, as well as the procedures needed to bring those services and providers into compliance with CALEA."

The letter also states that "we also hereby reiterate the position previously taken before the FCC, that it is necessary to address CALEA issues in a comprehensive, technology neutral, manner rather than in a piecemeal fashion, one service provider or technology at a time. Accordingly, we are requesting that the CALEA rule making be completed prior to the other related but non-CALEA specific broadband proceedings pending before the FCC. Otherwise, the outcome of the non-CALEA broadband proceedings could serve to prejudice the outcome of the CALEA rule making proceeding. We believe that it is particularly important for the FCC to directly and thoughtfully consider, by means of a comprehensive CALEA rule making, the multiple regulatory theories that may be employed to subject broadband providers to CALEA."

DOJ Filing. On February 5, 2004, John Malcolm, a Deputy Assistant Attorney General in the Criminal Division of the DOJ, filed with the FCC a notice [3 pages in PDF] of an ex parte meeting that he held on February 5, 2004 with FCC Commissioner Jonathan Adelstein, FCC Commissioner Michael Copps, and some of their staffs.

Malcolm wrote that "The purpose of the meetings was to discuss the Communications Assistance for Law Enforcement Act (.CALEA.), 47 C.F.R. § 1001 et seq., in the context of the above-referenced dockets. Specifically, the DOJ and FBI reiterated their request that the Commission hold that CALEA applies to voice over IP services, wireline broadband Internet access service, and cable modem broadband Internet access service as the Commission issues its decisions in the pending proceedings."

The "above-referenced dockets" include the various petitions pending before the FCC for declaratory rulings pertaining to VOIP services.

Malcolm's notice further states that "our understanding is that the FCC would consider a CALEA rulemaking expeditiously, and we have no objection to the FCC proceeding with other business with that understanding, provided that CALEA applicability issues were expressly preserved in intervening rulings. We added that our petition requesting a CALEA rulemaking, which we expect to file shortly, will contain arguments that we believe could permit the FCC to pursue a deregulatory approach under the Telecommunications Act, but preserve CALEA's applicability. However, we emphasized that, if the FCC believes that such arguments would not be sustainable, then we would urge the Commission to ensure that CALEA applies to these services by whatever means appropriate."

Malcolm is the head of the DOJ's Computer Crimes and Intellectual Property Section (CCIPS).

This letter and notice of ex parte meeting do not elaborate on the FBI's arguments as to why the FCC should impose CALEA requirements upon VOIP services. For a recent statement by the FBI of its arguments, see December 15, 2003 filing [9 pages in PDF]. This filing does not, however, identify what would be the nature of a VOIP regulatory regime.

FCC February 12 Meeting. The FCC has announced that the agenda [3 pages in PDF] for its meeting of Thursday, February 12 includes consideration of a memorandum opinion and order (MO&O) regarding Pulver.com's voice over internet protocol (VOIP) petition, and a notice of proposed rule making (NPRM) regarding internet protocol (IP) services, including VOIP.

The FCC will consider a MM&O concerning Pulver.com's petition for declaratory ruling regarding the classification of its Free World Dialup (FWD) service. Pulver.com's FWD is a closed network that uses specialized equipment. Traffic is carried by the users' ISPs using broadband connections. Pulver.com seeks a ruling that its service is neither "telecommunications" nor a "telecommunications service".

It filed its petition [11 pages in PDF] on February 5, 2003. This is WC Docket No. 03-45. There are also several other pending VOIP related petitions. See, stories titled "Level 3 Files VOIP Petition With FCC" and "Summary of Other VOIP Proceedings at the FCC" in TLJ Daily E-Mail Alert No. 815, January 14, 2004. However, none of these are on the agenda for the February 12 meeting.

The FCC will also consider a Notice of Proposed Rulemaking (NPRM) concerning issues relating to services and applications making use of the Internet Protocol (IP), including but not limited to VOIP. Chairman Powell stated at the FCC's December 1, 2003 VOIP workshop that the FCC would soon issue a 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 also, story titled "FCC Holds VOIP Forum", December 1, 2003, also published in TLJ Daily E-Mail Alert No. 790, December 2, 2003.

CALEA Statute. The Communications Assistance for Law Enforcement Act (CALEA) is codified at 47 U.S.C. §§ 1001-1010. Congress passed the CALEA in 1994 for the purpose of allowing law enforcement authorities to maintain their existing wiretap capabilities in new telecommunications devices. It enumerated that wireline, cellular, and broadband Personal Communications Services carriers must make their equipment capable of certain surveillance functions.

Section 103 (47 U.S.C. § 1002) provides, in part, that "a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of expeditiously isolating and enabling the government ... intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government".

The Act also requires telecommunications carriers to ensure that its facilities are capable of enabling the government "to access call-identifying information".

However, the CALEA also provides that its provisions do not apply to "information services". Subsection 103(b) provides that "The requirements of subsection (a) of this section do not apply to -- (A) information services ..."

Subsection 102(8) provides that "The term ``telecommunications carrier'' ... (C) does not include -- (i) persons or entities insofar as they are engaged in providing information services".

Previous FBI Efforts. The FBI's letter of January 28, and the DOJ's filing of February 5, do not reflect a recently found interest on the part of the FBI and DOJ in VOIP services. The FBI has long been attempting to induce the FCC to rule that various VOIP, and other broadband based services, are subject to CALEA requirements.

For example, as early at April 15, 2002, the FBI submitted a comment [15 pages in PDF] in the FCC's wireline broadband proceeding, Nos. 02-33, 95-20, and 98-10.

Moreover, while the FBI asserts that the FCC should not proceed in a "piecemeal fashion, one service provider or technology at a time", the FBI has heretofore declined to submit a comprehensive petition for a rulemaking, and has instead proceeded in a piecemeal fashion, one technology at a time.

It first sought to have the FCC apply the CALEA applies to "DSL and other forms of wireline broadband Internet access", in its April 15, 2002 filing. Then, it sought to have the FCC apply the CALEA to "cable modem service", in its June 17, 2002 comment [16 pages in PDF] in the FCC's cable broadband proceeding, No. 02-52.

Also, rather than submitting a petition for a comprehensive rule making, which would be a public, on the record, process, the FBI has long pursued a non-public and secretive approach. It has been using ex parte meetings with FCC Commissioner's and staff to lobby for the rulings that it seeks.

Ex parte meetings are not open to the public, and there is no written record. The only requirement is that the party file a notice of ex parte communication. These notices are available in the FCC's web site. The filings made by the FBI and DOJ reveal little about what transpired during these closed meetings.

See, for example, the FBI's July 11, 2003 filing [15 pages in PDF], July 15, 2003 addendum [2 pages in PDF], July 23, 2003 notice [2 pages in PDF], and August 1, 2003 notice [PDF]. Only the July 11 filing contains a substantive summary.

See also, story titled "FBI Wants Broadband Internet Access Classified As A Telecommunications Service So That CALEA Will Apply" in TLJ Daily E-Mail Alert No. 707, July 30, 2003.

2/10. Adam Thierer and Wayne Crews, both of the Cato Institute, wrote an essay titled "The Plot to Stop the Internet Telephone Revolution"

Thierer and Crews wrote that "when the fears over technological change reach a fever pitch, certain interests substitute a political response for a market response. For many, adjusting or abandoning an old business model is just not an option they are willing to consider. Instead, they lobby legislators or regulators for protection from the new competitors or technologies. Steamboat operators feared the rise of railroads; butter makers petitioned against margarine as a substitute; television broadcasters sought to delay competition from cable providers; and some small retailers still fight to keep large chain stores like Wal-Mart out of local communities."

"It should come as no surprise, therefore, that this process is playing itself out today in the debate over Internet phone calls."

They continue that "Because of the haphazard manner in which communications law has developed over the past 70 years, there exist distinct regulatory paradigms for telecom, cable, broadcasting, and wireless service. Internet-based applications do not fit into any of these categories, especially since providers in each of those old sectors can provide online services using different technological platforms or delivery mechanisms. But if VoIP comes to be regulated under one of these archaic classification schemes, especially the ``telecom services´´ paradigm, it could be strangled while still in the cradle by a bewildering batch of federal and state regulations."

This Cato essay asserts that certain interest lobby for protection against new technologies. However, this essay does not name any communications companies or industries that it asserts are using the regulatory process to block competition from disruptive technologies.

The essay does attack the states that seek regulation of VOIP services. It states that "they're just worried about losing some of their regulatory turf and power", and tax revenues.

The essay also attacks the FBI. "Apparently the law enforcement agencies oppose telecommunications deregulation because it means they won't be able to spy on us quite as easily. ... A wiretap-ready Internet that enables the sort of online surveillance that the FBI, DOJ, and DEA desire will be a costly proposition, requiring expensive equipment upgrades and ongoing regulation of this dynamic sector. Moreover, the scheme would likely entail heavy FCC involvement in the regulation of Internet telephony in the future."

Finally, the essay asserts that "In one sense, what all these diverse parties, from the old hidebound state regulators to the FBI, are really saying is that unless VoIP providers can learn to ``play the game´´ exactly the same way old telecom companies did, they should not, effectively, be allowed to provide service at all. Stated differently, this new technology must be pigeonholed into old regulatory classification schemes and regulatory paradigms of the past; it must not be allowed to breathe the free air of an unregulated communications marketplace."

2/9. Sen. Sam Brownback (R-KS) and Sen. Lindsey Graham (R-SC) introduced S 2056, the "Broadcast Decency Enforcement Act of 2004".

The bill was referred to the Senate Commerce Committee. Sen. Brownback is a member. The Committee will hold a hearing titled "Protecting Children from Violent and Indecent Programming" on Wednesday, February 11, at 9:30 AM. The Commissioners of the Federal Communications Commission (FCC) will testify.

This bill would increase to $275,000 the maximum fine that may be imposed by the FCC upon television and radio broadcasters for transmission of obscene, indecent or profane language.

This bill is very similar to HR 3717, which is also titled the "Broadcast Decency Enforcement Act of 2004". The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on the bill at 9:30 AM on Wednesday, February 11, and a markup session at 9:30 AM on Thursday, February 12.

2/10. The House Judiciary Committee's Subcommittee on Commercial and Administrative Law held a hearing titled "Privacy in the Hands of the Government: The Privacy Officer for the Department of Homeland Security". The Subcommittee also amended and approved HR 338, the "Defense of Privacy Act", by a voice vote.

HR 338 was introduced on January 27, 2003 by Rep. Steve Chabot (R-OH). It would require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals. See, story titled "Rep. Chabot Introduces Federal Agency Privacy Bill" in TLJ Daily E-Mail Alert No. 596, February 3, 2003.

This bill is a re-introduction of HR 4561 (107th Congress), which passed the House on October 7, 2002. S 2492 (107th Congress) was the companion bill in the Senate. See, story titled "House Subcommittee Holds Hearing on Federal Agency Privacy" in TLJ Daily E-Mail Alert No. 423, May 2, 2002.

Section 222 of the Homeland Security Act, which was enacted by the Congress in 2002 as HR 5005 (107th Congress), creates the position of Privacy Officer at the Department of Homeland Security (DHS). It states that the responsibilities include "(1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974; (3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government; (4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; and (5) preparing a report to Congress ..."

Nuala Kelly (at right), the Chief Privacy Officer of the DHS, testified regarding her work. See, prepared testimony.

James Gilmore is the President of USA Secure, a former Governor of Virginia, and Chairman of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction. He wrote in his prepared testimony that "Through its first Privacy Officer, Nuala O'Connor Kelly, the Department contains an instinct towards the creation of a ``culture of privacy´´ that will allow the personal data of people to remain as confidential as possible with an environment of trying to weed out stealth attacks by anonymous terrorists."

James Dempsey of the Center for Democracy and Technology (CDT) wrote in his prepared testimony [PDF] that "it is clear that a statutory Privacy Officer, participating in senior level policy deliberations and using the tools of Privacy Act notices and Privacy Impact Assessments, can be an important mechanism for raising and mitigating privacy concerns surrounding the government’s use of personal information. Certainly, the DHS Privacy Officer legislation is a model for other agencies, including the Department of Justice."

Sally Katzen, a law professor at the University of Michigan, wrote in her prepared testimony that "the existence of a Privacy Officer at DHS, especially someone who comes to the position with extensive knowledge of the issues and practical experience with the federal government, is highly beneficial. We know that some attention is now being paid to privacy concerns and that steps are being taken to advance this important value that might otherwise not have occurred." She also urged the Congress to establish "at OMB a statutory office headed by a Chief Counselor for Privacy".

2/10. The General Accounting Office (GAO) released a report [43 pages in PDF] titled "International Trade: Intensifying Free Trade Negotiating Agenda Calls for Better Allocation of Staff and Resources".

This report was prepared for Sen. Max Baucus (D-MT) and Rep. Cal Dooley (D-CA).

The report begins by noting that "The passage of trade promotion authority legislation in 2002 has positioned the United States to pursue more FTAs, because this authority has streamlined the agreement approval process through the U.S. Congress", and that "The recent collapse of the World Trade Organization (WTO) trade talks at a September 2003 meeting in Cancun, Mexico, is expected to make FTAs a more important vehicle for accomplishing U.S. trade goals."

The report found that "Various factors influence FTA partner selections. Four FTA partners were selected in 2002, primarily on the basis of the Trade Representative's own evaluation of 13 factors related to U.S. political, economic, and trade strategy goals. After the four selections in 2002, the key trade agencies decided to use six broad factors to guide their future discussions on potential FTA partners. These factors are (1) country readiness, (2) economic and commercial benefits, (3) benefits to the broader trade liberalization strategy, (4) compatibility with U.S. interests, (5) congressional and private-sector support, and (6) U.S. government resource constraints."

However, the report also found that "decisions to pursue FTAs have been made with little systematic planning regarding trade-offs with other trade priorities, even though FTAs are resource intensive", and that "decisions to pursue FTAs still come without systematic data or planning for the actual resources that USTR or other agencies require."

The report recommends that "that USTR work with other key trade agencies to develop more systematic data and plans for allocating staff and resources across the full U.S. trade agenda, including FTAs and other negotiating priorities."

7:00 AM - 5:00 PM. Day two of a two day conference hosted by the National Telecommunications and Information Administration (NTIA) titled "Public Safety Spectrum Management Forum". See, notice. Location: Omni Shoreham Hotel, 2500 Calvert Street, NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR 3717, the "Broadcast Decency Enforcement Act of 2004". The hearing will be webcast. See, notice. The witnesses will be Mel Karmazin (P/COO of Viacom), Paul Tagliabue (Commissioner of the National Football League), Michael Powell (FCC Chairman), Kathleen Abernathy (FCC Commissioner), Jonathan Adelstein (FCC Commissioner), Michael Copps (FCC Commissioner), Kevin Martin (FCC Commissioner), and Harry Pappas (Ch/CEO of Pappas Telecasting Companies). Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Commerce Committee will hold a hearing titled "Protecting Children from Violent and Indecent Programming". The witnesses will be Michael Powell (FCC Chairman), Kathleen Abernathy (FCC Commissioner), Jonathan Adelstein (FCC Commissioner), Michael Copps (FCC Commissioner), and Kevin Martin (FCC Commissioner). The hearing will be webcast. Press contact: Rebecca Hanks (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. See, notice. Location: Room 253, Russell Building.

9:30 AM. The U.S. District Court (DC) will hold a motion hearing in InterTrust v. Microsoft, D.C. No. 2003 mc 2618. Location: Courtroom 9, Prettyman Courthhouse, 333 Constitution Ave., NW.

10:00 AM or 10:30 AM? The Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on cable industry competition. The witnesses will include Michael Willner (VCh/P/CEO of Insight Communications), Robert Sachs (P/CEO of the National Cable and Telecommunications Association), Mark Cooper (Consumer Federation of America), Scott Cleland (CEO of Precursor), Rodger Johnson (CEO of Knology), and Coralie Wilson (National Association of Telecommunications Officers and Advisors). See, notice. Press contact: Josh Benoit (DeWine) at 202 224-2315. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) will hold an event titled "Presentation for New ULS Online Services, MDS and ITFS". Location: FCC, 445 12th Street, SW, Room 3-B516 (3rd Floor South Conference Room).

TIME CHANGE. 11:00 AM. Federal Reserve Board Chairman Alan Greenspan will deliver the Federal Reserve's semiannual report on monetary policy to the House Financial Services Committee. Location: Room 2128, Rayburn Building.

11:00 AM - 1:00 PM. The House Science Committee will hold a hearing titled "An Overview of the Federal R&D Budget for Fiscal Year 2005". The hearing will be webcast. The witnesses will include John Marburger (Director of the President's Office of Science and Technology Policy), Rita Colwell (Director of the National Science Foundation), Charles McQueary (Under Secretary for Science and Technology, Department of Homeland Security), Phillip Bond (Under Secretary of Commerce for Technology, Department of Commerce), and Raymond Orbach (Director, Office of Science, Department of Energy). Press contract: Heidi Tringe at 202 225-4275. Location: Room 2318, Rayburn Building.

11:00 AM. The House Ways and Means Committee will hold a hearing on President Bush's FY 2005 budget proposal. The witness will be from the Treasury Department. Location: Room 1100, Longworth Building.

12:00 NOON - 1:00 PM. The New America Foundation (NAF) will host a brown bag lunch. The speaker will be David Dorman (Ch/CEO of AT&T). The topic will be "Making the Right Choices about the Future of Communications". See, notice. Location: NAF, 7th Floor, 1630 Connecticut Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Practice Committee will host a brown bag lunch titled "Legislative and Regulatory Update on Internet and E-Commerce Privacy Issues". The speakers will be Chris Hoofnagel (EPIC) and Heidi Salow (Nextel). For more information, contact Vincent Paladini, Karlyn Stanley (CRB, 202 828-9835), or Amy Wolverton. Location: Cole Raywid & Braverman, 1919 Pennsylvania Ave., NW, Suite 200.

2:00 PM. The House Ways and Means Committee will hold a hearing on President Bush's FY 2005 budget proposal. The witness will be Office of Management and Budget (OMB) Director Joshua Bolten. Location: Room 1100, Longworth Building.

2:00 PM. The Senate Judiciary Committee may hold a hearing on pending judicial nominations. The agenda includes Diane Sykes (nominated to be a Judge of the U.S. Court of Appeals for the 7th Circuit), James Robart (U.S. District Court for the Western District of Washington), and Juan Sanchez (U.S. District Court for the Eastern District of Pennsylvania). See, notice. Location: Room 226, Dirksen Building.

3:00 PM. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing titled "Department of Defense Information Systems Architecture: Are we on the Right Path to Achieving Net-Centricity and Ensuring  Interoperability?" The witnesses will include Linton Wells (Principal Deputy Assistant Secretary of Defense for Networks and Information Integration and Acting Deputy Assistant Secretary of Defense for Spectrum, Space, Sensors, and Command, Control and Communications), John Stenbit (Assistant Secretary of Defense for Networks and Information Integration), Lt. Gen. Steven Boutelle (U.S. Army, CIO), Maj. Gen. Marilyn Quagliotti (U.S. Army, Defense Information Systems Agency), Rear Adm. Thomas Zelibor (U.S. Navy, Deputy for C4 Integration and Policy), David Tillotson (Director, C41, Surveillance and Reconnaissance Architecture and Assessment, Office of the Deputy Chief of Staff for Warfighting Integration), Brig. Gen. John Thomas (U.S. Marine Corps, Director Command, Control, Communications and Computers (C4)). Location: Room 2118, Rayburn Building.

5:00 - 7:00 PM. The Congressional Internet Caucus's Advisory Committee will host a reception and technology fair. For more information contact Megan Kinnaird at 202 638-4370. See, notice. Location: Room 902, Hart Building.

The House will meet at 10:00 AM. See, Republican Whip notice.

Lincoln's Birthday.

7:45 - 9:00 AM. National Emergency Management Association's (NEMA) conference titled "Assessing & Protecting the Nation's Critical Infrastructure" will include at series of speeches titled "Session on Emergency Management And Homeland Security Issues". Rep. Chris Cox (R-CA), the Chairman of the House Homeland Security Committee (HHSC), will speak at 7:45 AM. Rep. Jim Turner (D-TX), the ranking Democrat on the HHSC, will speak at 8:05 AM. Jim Morhard, Majority Staff Director of the Senate Appropriations Committee, will speak at 8:30 AM. Location: Capitol Hilton Hotel, Presidential Ballroom, 16th & K Streets NW.

8:30 AM - 5:45 PM. Day one of a two day conference hosted by the National Telecommunications and Information Administration (NTIA) titled "Forum on Spectrum Management Policy Reform". See, agenda [PDF]. To register, contact Margaret Huynh at mhuynh@nas.edu. Location: Lecture Room, National Academy of Sciences Building, 2100 C Street, NW.

9:00 AM. The House Ways and Means Committee's Subcommittee on Oversight will hold a hearing on "IRS Efforts to Modernize its Computer Systems". See, notice. Location: Room 1100, Longworth Building.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will meet to mark up HR 3717, the "Broadcast Decency Enforcement Act of 2004". The event will be webcast. See, notice. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

TIME CHANGE. 9:30 AM. The House Homeland Security Committee will hold a hearing on the President's budget proposals for FY 2005. Secretary of Homeland Security Tom Ridge will testify. Location: Room 2200, Rayburn Building.

TO BE DECIDED WITHOUT ORAL ARGUMENT. 9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NCTA v. FCC, No. 03-1140. Judges Edwards, Roberts and Silberman. Location: Location: 333 Constitution Ave. NW.

10:00 AM. The Senate Budget Committee will hold a hearing to examine President Bush's FY 2005 budget proposals. Location: Room 608, Dirksen Building.

10:00 AM. The Senate Judiciary Committee may hold a hearing an executive business meeting. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HR 3632, the "Anticounterfeiting Amendments of 2003." The hearing will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

11:00 AM - 12:00 NOON. The Heritage Foundation will host a panel discussion titled "Federalism and the Internet Tax: A Conflict of Two Conservative Principles?" The speakers will be Sen. George Allen (R-VA), Sen. Lamar Alexander (R-TN), Edward Fuelner (Heritage), and James Gattuso (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave NE.

2:00 PM. The Senate Finance Committee will hold a hearing on the revenue provisions of the President's proposed budget for FY 2005. Secretary of the Treasury John Snow will testify. Location: Room 215, Dirksen Building.

Extended deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS), which is also known as the Bureau of Export Administration (BXA), regarding its notice of proposed rulemaking (NPRM) regarding amending the Export Administration Regulations (EAR) to implement a revised version of the BIS's Simplified Network Application Processing (SNAP+) system. This proposed rule also would mandate use of SNAP+ for all filings of Export License applications (except Special Comprehensive Licenses), Reexport Authorization requests, Classification requests, Encryption Review requests, and License Exception AGR notifications, unless the BIS authorizes paper filing for a particular user or transaction. See, notice in the Federal Register, November 12, 2003, Vol. 68, No. 218, at Pages 64009-64023 (setting January 12, 2003 deadline), and notice in the Federal Register January 12, 2004, Vol. 69, No. 7, at Page 1685 (extending deadline to February 12).

8:30 AM - 5:45 PM. Day two of a two day conference hosted by the National Telecommunications and Information Administration (NTIA) titled "Forum on Spectrum Management Policy Reform". See, agenda [PDF]. To register, contact Margaret Huynh at mhuynh@nas.edu. Location: Lecture Room, National Academy of Sciences Building, 2100 C Street, NW.

11:00 AM. Frank Libutti (Under Secretary of the Department of Homeland Security) will speak to the National Emergency Management Association's (NEMA) conference titled "Assessing & Protecting the Nation's Critical Infrastructure". Location: Capitol Hilton Hotel, Presidential Ballroom, 16th & K Streets NW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding foreign 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 under Section 182 of the Trade Act of 1974, codified at 19 U.S.C. § 2242, to identify which countries should be identified as Priority Foreign Countries. This section is also know as "Special 301".  See, notice in the Federal Register, January 6, 2004, Vol. 69, No. 3, at Pages 718 - 719.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Content Protection". This item is FCC 03-273 in MB Docket 02-230. This FNPRM seeks comment regarding a permanent approval mechanism for content protection and recording technologies to be used in conjunction with device outputs. For more information, contact Rick Chessen rchessen@fcc.gov or Susan Mort at smort@fcc.gov or 202-418-7200. See, notice [PDF] extending deadlines.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding digital plug and play compatibility. The FCC announced its Second Report and Order and Second Further Notice of Proposed Rulemaking at its September 10, 2003 meeting. See, story titled "FCC Adopts Digital Plug and Play Cable Compatibility Rules" in TLJ Daily E-Mail Alert No. 737, September 11, 2003. The notice in the Federal Register states that the NPRM seeks public comments "on the mechanisms and standards by which new connectors and associated content protection technologies can be approved for use with unidirectional digital cable products". It further seeks comments on "the potential extension of digital cable system transmission requirements to digital cable systems with an activated channel capacity of 550 MHz or higher; whether it is necessary to require consumer electronics manufacturers to provide pre-sale information to consumers regarding the functionalities of unidirectional digital cable televisions; and whether the Commission should ban or permit the down-resolution of non-broadcast MVPD programming." This item is FCC 03-225 in CS Docket 97-80 and PP Docket 00-67. See, notice in the Federal Register, November 28, 2003, Vol. 68, No. 229, at Pages 66776 - 66781. See also, notice [PDF] extending deadlines.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding revisions to the FCC's high cost universal service support mechanism. This is FCC 03-249 in CC Docket No. 96-45. This is also known as the "10th Circuit Remand". See, notice in the Federal Register, December 15, 2003, Vol. 68, No. 240, at Pages 69641 - 69647. See also, stories titled "FCC Announces Order on Remand Regarding High Cost Universal Service Support Mechanism" in TLJ Daily E-Mail Alert No. 761, October 20, 2003, and "FCC Publishes Notices Regarding 10th Circuit Universal Service Remand" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.

Deadline to submit comments to the National Archives and Records Administration (NARA) regarding it proposal to dispose of 27,866 magnetic tape cartridges containing copies of e-mail records of the Clinton administration created from July 15, 1994 through December 1999. See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75286 - 75287.

Deadline for the General Accounting Office (GAO) to submit its report to Congress, pursuant to Section 519 of HR 2555, the "Department of Homeland Security Appropriations Act, 2004". President Bush signed this bill on October 1, 2003. This report pertains to the Transportation Security Administration's (TSA) Computer Assisted Passenger Prescreening System (CAPPS II). See, story titled "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

Deadline for the Central Intelligence Agency (CIA) and Department of Defense (DOC) to submit a report to the Congress regarding the vulnerability of intelligence related computer systems. This report is required by Section 351 of HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004". See, story titled "Bush Signs Intelligence Authorization Bill" in TLJ Daily E-Mail Alert No. 799, December 15, 2003.

Deadline for the Central Intelligence Agency (CIA) to submit a report to the Congress regarding the dependence on foreign made computers and software. This report is required by Section 356 of HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004". See, story titled "Bush Signs Intelligence Authorization Bill" in TLJ Daily E-Mail Alert No. 799, December 15, 2003.

Presidents Day. The Federal Communications Commission (FCC) and other federal agencies will be closed.

The House and Senate will be in recess from February 16 through February 20 for the Presidents Day recess.

9:00 AM - 4:00 PM. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) and Advanced Network Technologies Division (ANTD) will host a one day conference titled "Spam Technology Workshop". See, notice and conference website. The price to attend is $70. The deadline to register is February 3. Location: Building 101, Green Auditorium, NIST, Gaithersburg, MD.

Day one of a three day workshop hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division titled "Advanced Information Technology (IT) Security Auditing". See, notice. Location: NIST, Gaithersburg, MD.

? TIME? Day one of a three day workshop to be hosted by the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) on application of the Horizontal Merger Guidelines. See, notice. Location: FTC, 601 New Jersey Ave., NW, Conference Center.

TIME?. Tentative date for a public roundtable meeting hosted by the U.S. Patent and Trademark Office (USPTO) regarding the effectiveness of inter partes reexamination proceedings. See, notice in the Federal Register, December 30, 2003, Vol. 68, No. 249, at Pages 75217 - 75218. Location: USPTO, Arlington, VA.

Deadline to submit comments to the Federal Communications Commission (FCC) to update the record concerning petitions for reconsideration of rules that the FCC adopted in the 1997 access charge reform docket. See, notice in the Federal Register, January 16, 2004, Vol. 69, No. 11, at Pages 2560 - 2561.

2/10. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) released a report titled "Foreign Policy Report -- Year 2004". Chapter 9 addresses "High Performance Computers". Chapter 10 addresses "Encryption".

2/10. The Senate Finance Committee held a hearing on the nomination of Samuel Bodman to be Deputy Secretary of the Treasury. See, opening statement [PDF] of Sen. Max Baucus (D-MT) praising Bodman, and prepared testimony of Bodman.

2/10. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register regarding its settlement in US v. First Data and Concord EFS. See, Federal Register, February 10, 2004, Vol. 69, No. 27, at Pages 6325 - 6339. This notice publishes the Competitive Impact Statement, proposed Final Judgment, and Amended Hold Separate Stipulation and Order. There is a 60 day deadline on submitting comments. See also, stories titled "DOJ Sues to Stop Merger of PIN Debit Networks" in TLJ Daily E-Mail Alert No. 765, October 24, 2003; and "DOJ Settles With First Data and Concord EFS" in TLJ Daily E-Mail Alert No. 800, December 16, 2003. This case is USA v. First Data & Concord EFS, Inc., U.S. District Court for the District of Columbia, D.C. No. No. 03-2169 (RMC).

2/10. The Federal Communications Commission (FCC) published a notice in the Federal Register that describes, and sets deadlines for public comments on, its Third Report and Order and Second Further Notice of Proposed Rulemaking pertaining to the administration of the FCC's e-rate subsidy program for schools and libraries. See, Federal Register, February 10, 2004, Vol. 69, No. 27, at Pages 6229 - 6238. This item is FCC 03-323 in Docket No. 02-6. The FCC adopted this item at its December 17, 2003 meeting. See, FCC release [PDF] describing this item. The FCC released the text of this item on December 23, 2003. Comments are due by March 11, 2004. Reply comments are due by April 12, 2004.

2/10. The House had previously scheduled consideration of HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2003", pursuant to a rule, for February 11. This bill as reported by the House Judiciary Committee would end the diversion of USPTO fees. The House Rules Committee met to adopt a rule for consideration of HR 1561 on February 10. However, the Committee did not adopt a rule. The bill is not now on the calendar of the House Majority Leader for consideration by the House on February 11. Representatives of the House Judiciary Committee, which has long opposed the diversion of USPTO fees, and representatives of the House Appropriation Committee, which has long passed appropriations bills that divert USPTO fees, met on February 10 and drafted compromise language for the bill.