3/8. Federal Communications Commission (FCC) Commissioner Kevin Martin gave a speech [9 pages in PDF] in Washington DC at a meeting of the National Association of Regulatory Utility Commissioners (NARUC).

He criticized the March 2 opinion [62 pages in PDF] of the U.S. Court of Appeals (DCCir) in USTA v. FCC regarding the FCC's triennial review order (TRO). He also addressed federal state partnerships, universal service, the framework of the 1996 act for creating competition, the state of competition, and other topics.

The Appeals Court opinion leaves largely untouched those portions of the TRO in which the FCC refrained from unbundling next generation broadband facilities. However, the opinion vacates those portions of the TRO in which the FCC delegated decision making authority to the state to make impairment findings.

Martin (at right) stated that "In 1996, Congress set forth a framework to promote local competition in the telecom market. At the heart of this framework, Congress envisioned the FCC and state commissions working together in a federal-state partnership to bring more choice, better services, and lower prices to American consumers."

"Last week, the DC Circuit attacked this framework and failed to recognize the historical relationship that exists between state commissions and the FCC in developing local competition policy", said Martin. "I am troubled by their failure to recognize the traditional federal-state relationship."

See also, story titled "Appeals Court Overturns Key Provisions of FCC Triennial Review Order" also published in TLJ Daily E-Mail Alert No. 848, March 3, 2004; and joint statement [PDF] of Commissioners Kevin Martin, Michael Copps, and Jonathan Adelstein stating that they plan to appeal to the Supreme Court.

He discussed the federal state relationship, and the status of local wireline competition. He also discussed broadband competition. He stated that "the growth of cable broadband and DSL lines has resulted in fierce competition between these services, with cable still significantly ahead of its telco competitor."

He added that "This vibrant competition is what enabled the Commission to deregulate the provision of DSL without risking an increase in DSL prices. Last year, when we deregulated Broadband and eliminated Line-Sharing many here and some at the Commission argued that DSL prices would rise. But, since February of 2002, prices of DSL have dropped about 40%."

3/9. U.S. Trade Representative (USTR) Robert Zoellick testified at a Senate Finance Committee hearing titled "The Administration's International Trade Agenda".

Zoellick (at right) wrote about recently negotiated bilateral free trade agreements (FTAs) in his prepared testimony [PDF]. He stated that the Singapore and Chile FTAs are "comprehensive, state-of-the-art FTAs set modern rules for 21st Century commerce and broke new ground in areas such as services, e-commerce, intellectual property protection, transparency ..."

He said that under the Australia FTA "intellectual property will be better protected".

He also addressed violation of intellectual property rights in the People's Republic of China. He wrote that "In 2004, the Administration will concentrate on ensuring that: American intellectual property rights are protected; U.S. firms are not subject to discriminatory taxation; market access commitments in areas such as agriculture and financial services are fully met; standards are not used -- whether for technology or farm products -- to unfairly impede U.S. exports; China’s trading regime operates transparently; and promises to grant trading and distribution rights are implemented fully and on time."

He elaborated that "China's lax enforcement of intellectual property rights, including counterfeiting, is a fundamental issue. Piracy of movies, music and software is so rampant in China that the practices could subvert the development of knowledge industries and stifle innovation around the world. The scope and magnitude of the problem does not just threaten outsiders, but China’s own citizens as well. Counterfeit automobile brakes, electrical switches, medicines and processed foods with pilfered brand names and poor quality control present health and safety risks throughout China. Premier Wen Jiabao has spoken of the importance of IPR and has assigned Vice Premier Wu Yi, a former trade minister who helped defuse the SARS crisis, to chair a working group on IPR enforcement. She will meet with Secretary Evans and me next month as part of our Joint Commission on Commerce and Trade."

In addition, he stated that "China has adopted discriminatory tax policies -- most blatantly on semiconductors -- and new wireless encryption standards intended to block U.S. market access. We are pressing China to resolve these disputes promptly."

He also addressed legislation that would replace the Foreign Sales Corporation (FSC) and Extraterritorial Income (ETI) tax regimes that the World Trade Organization (WTO) has ruled to be illegal export subsidies.

He wrote that "We very much appreciate Chairman Grassley's and Senator Baucus' effort to repeal the FSC law to end retaliation against U.S. exporters, and we urge others to support their work. We also look to work with Congress to remedy other U.S. violations, including the Continued Dumping and Subsidy Offset Act of 2000, the 1916 Act (reflecting early antitrust practice), Section 211 of the Omnibus Appropriations Act of 1998 concerning conditions that permit the banning of trademark enforcement, and the ruling on hot-rolled steel. America should not be a scofflaw of international trade rules." (Parentheses in original.)

3/9. The National Telecommunications and Information Administration (NTIA) published in its website the 19 comments that it has received in response to its Notice of Inquiry (NOI) regarding Internet Protocol version 6 (IPv6). The NOI is also referred to as a Request for Comments (FRC).

The NTIA and the National Institute of Standards and Technology (NIST) published a notice in the Federal Register requesting comments. See, Federal Register, January 21, 2004, Vol. 69, No. 13, at Pages 2890 - 2899. See also, story titled "NTIA and NIST Request Comments on IPv6", TLJ Daily E-Mail Alert No. 819, January 20, 2004.

Commenters stressed the problem of address exhaustion under IPv4. Commenters also generally stated that government regulation, and government mandates, should not be imposed.

Cisco wrote in its lengthy comment [75 pages in PDF] that responds to the NOI question by question. Cisco also provided a attachment titled "IPv6 and IPv4 Threat Comparison and Best-Practice Evaluation".

Cisco wrote in its cover letter that "Weighing the costs and benefits of transitioning to a new protocol, the most important consideration is to promote US economic competitiveness in the global market." Cisco continued that "Japan, China, and to a limited extent, Europe, already see the lethargy in the U.S. as an opportunity to seize economic leadership. The applications being developed there will not only be cheaper than the IPv4/NAT-based ones in the U.S., they will have more creative freedom as developers are free to focus core products and services, or those for which people will pay, instead of being forced to spend time on context, designing workarounds in the limited IPv4/NAT environment. Concentrating on core vs. context is key to improving productivity. Once leadership in Internet services and applications is lost, it will be difficult for US application developers to compete globally."

Microsoft wrote in its comment [13 pages in PDF] that "A gradual, market-based conversion to IPv6 is the most technologically feasible and least disruptive way of addressing these concerns and realizing the full promise of the Internet. As part of that effort, the government should consider acquiring IPv6-enabled software and hardware in order to meet government needs. However, governmental regulation of IPv6 is unwarranted and could be counterproductive."

BellSouth wrote in its comment [9 pages in PDF] that "While we encourage government support for IPv6 transition planning initiatives, market forces, and not government intervention, should be the primary driving force for actual deployment of IPv6 infrastructure. Government intervention could result in unwarranted costs and inefficiencies that would outweigh potential benefits."

Motorola wrote in its comment [13 pages in PDF] that "Motorola believes that the potential benefits of IPv6 are such that the U.S. government should encourage research and experience with this technology. At this time, any mandate for IPv6 implementation is premature. It is also inconsistent with the government’s traditional reliance on marketplace forces for Internet development and evolution – an approach that has proven so successful to the growth and development of this space."

Sprint wrote in its comment [14 pages in PDF] that it "does not believe that government needs to mandate IPv6 deployment, although the government may wish to consider funding additional research and development if necessary."

See also, comment of NTT/Verio, comment by VeriSign.

3/9. The Senate Commerce Committee amended and approved S 2056, the "Broadcast Decency Enforcement Act of 2004".

The bill, as introduced by Sen. Sam Brownback (R-KS) and Sen. Lindsey Graham (R-SC), would increase the maximum fines that the Federal Communications Commission (FCC) may assess on television and radio broadcasters for obscene, indecent, and profane broadcasts.

The Committee approved an amendment offered by Sen. Ted Stevens (R-AK) (at right) and Sen. George Allen (R-VA) that would expand the regulatory authority of the FCC with respect to indecency beyond broadcasters.

Currently, the FCC has indecency authority over the holders of FCC broadcast licenses. This amendment would give the FCC authority to fine any "person" who "uttered obscene, indecent, or profane material that was broadcast by a broadcast station license or permittee, if the person is determined to have willfully or intentionally made the utterance and knew or should have known that the material would be broadcast."

While the intent may be to bring TV and radio performers, such as Howard Stern, within the reach of the FCC, the actual language would give the FCC regulatory authority over a broader class of persons.

The Committee approved an amendment [8 pages in PDF] offered by Sen. John McCain (R-AZ) and Sen. Brownback to apply the obscenity penalties to broadcast images as well as language, impose a per-utterance penalty, require the FCC to consider several factors when assessing a fine, and cap the total for all fines assessed on any broadcast licensee in a given 24-hour period at $3 Million.

The Committee also approved three second degree amendments offered by Sen. Ted Stevens (R-AK) and others to the McCain Brownback amendment. See, amendment to provide for escalating penalties, amendment to provide for increased penalties under aggravating circumstances, and amendment regarding mandatory license revocation proceedings.

The Committee approved an amendment [10 pages in PDF] offered by Sen. Ernest Hollings (D-SC) and Sen. Stevens regarding violent programming. This is the "Children's Protection from Violent Programming Act", which Sen. Hollings has also introduced as S 161. See also, Hollings release.

The Committee approved an amendment offered by Sen. Stevens to authorize the National Association of Broadcasters (NAB) and other broadcasting industry groups to enter into self enforcement agreements with regard to family programming.

The Committee approved an amendment [PDF] offered by Sen. John Ensign (R-NV) and Sen. Conrad Burns (R-MT) that requires the FCC to consider the violator's ability to pay.

Finally, the Committee approved an amendment [PDF] that provides that "The General Accounting Office shall conduct a study examining the relationship between the horizontal and vertical consolidation of media companies and the number of complaints and violations of the indecency prohibitions contained in the statutes, regulations, and policies enforced by the Federal Communications Commission."

This amendment further provides that "The broadcast media ownership rules adopted by the Federal Communications Commission on June 2, 2003, pursuant to its proceeding on broadcast media ownership rules, Report and Order FCC–03–127, published at 68 FR 46286, August 5, 2003, shall be invalid and without legal effect until the completion and submission of the report ..." And until then, "the broadcast media ownership rules of the Federal Communications Commission that were in effect on June 1, 2003, are reinstated ..."

See, Commerce Committee release.

3/9. The Department of Justice (DOJ) announced on March 9 that Attorney General John Ashcroft had a cholecystectomy to remove his gallbladder. See, release.

3/4. Kevin Rollins was named Chief Executive Officer (CEO) of Dell by the Board of Directors. The appointment takes effect on July 16, the date of the annual shareholders meeting. He will also be nominated for election to the Board of Directors, replacing Mort Topfer. Michael Dell remains Chairman. See, release.

3/9 RealNetworks announced that it filed a complaint in U.S. District Court (WDWash) against Major League Baseball Advanced Media L.P. (MLBAM). RealNetworks stated in a release that it seeks "to enforce a new contract entered into between the parties in February 2004 that requires MLBAM to make its Internet broadcasts of live baseball games on MLB.com available in RealNetworks media format."

Day four of a four day meeting of the National Association of Regulatory Utility Commissioners (NARUC). Federal Communications Commission (FCC) Chairman Michael Powell will speak at 8:00 AM. For more information, contact Michelle Malloy at 202 898-2214 or Wendy Harris at 202 898-2209. See, notice. Location: Renaissance Washington Hotel, 999 9th Street, NW.

The House will meet at 10:00 AM for legislative business. The House is scheduled to take up HR 2391, the "Cooperative Research and Technology Enhancement (CREATE) Act", under suspension of the rules. See, Republican Whip Notice.

9:30 - 11:00 AM. The AEI-Brookings Joint Center will host a panel discussion titled "The Internet Telephony Revolution: Reality or Hype?". The speakers will be Robert Crandall, Harold Furchtgott-Roth, Reed Hundt and Robert Litan. RSVP to Shannon Leahy at sleahy@brookings.edu or 202 797-6274. Location: National Press Club, 529 14th St. NW, 13th Floor.

9:30 AM. The Senate Finance Committee will hold a hearing titled "United States Economic and Trade Policy in the Middle East". Location: Room 215, Dirksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Oversight of the Satellite Home Viewer Improvement Act". The witnesses will be David Moskowitz (Echostar Communications), Robert Lee (on behalf of the National Association of Broadcasters), Matthew Polka (American Cable Association), Gene Kimmelman (Consumers Union), Martin Franks (CBS Television), and Eddy Hartenstein (Hughes Electronics Corporation). See, notice. The hearing will be webcast. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The House Ways and Means Committee's Subcommittee on Oversight and Subcommittee on Social Security will hold a joint hearing titled "Social Security Number and Individual Taxpayer Identification Number Mismatches and Misuse". See notice. Location: Room 1100, Longworth Building.

10:30 AM. The House Homeland Security Committee's Subcommittee on Intelligence and Counterterrorism will hold a hearing titled "The Department of Homeland Security Proposed Information Analysis Budget for Fiscal Year 2005". The witness will be Gen. Patrick Hughes, Assistant Secretary for Information Analysis. See, notice. Press contact: Liz Tobias at 202 226-9600. Location: Room 2141, Rayburn Building.

10:30 AM - 12:15 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "Understanding Outsourcing". The speakers will include Rep. Adam Smith (D-WA). For more information, contact Mark Schoeff at 202 775-3242 or mschoeff@csis.org. Location: CSIS, 1800 K Street, NW, B-1 conference room.

10:30 AM. America Online, EarthLink, Microsoft, and Yahoo will hold a joint press conference to regarding industry collaboration aimed at stopping spam at its source. See, notice. Location: Crystal Ballroom, St. Regis Hotel, 923 16th and K Streets, NW.

2:00 PM. The Senate Finance Committee will hold a hearing on U.S. economic and trade policy in the Middle East. The witnesses will be Sen. John McCain (R-AZ), Grant Aldonas (Department of Commerce), Alan Larson (Department of the State), David Mack (The Middle East Institute), William Maxwell (Hewlett-Packard), and  Doug Boisen (corn farmer). Location: Room 215, Dirksen Building.

2:00 - 4:30 PM. The American Enterprise Institute (AEI) will host a pair of panel discussions titled "Three Cheers for Globalization". See, notice. Location: 12th floor, 1150 17th St., NW.

2:30 PM. The Senate Judiciary Committee has scheduled a hearing on pending judicial nominations. The agenda, which the Committee frequently changes, includes consideration Peter Hall (to be a Judge of the U.S. Court of Appeals for the 2nd Circuit), Jane Boyle (Northern District of Texas), Marcia Cooke (Southern District of Florida), and Walter Kelley (Eastern District of Virginia). See, notice. Location: Room 226, Dirksen Building.

4:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 3717, the "Broadcast Decency Enforcement Act of 2004".

Day two of a three day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "Awareness, Training and Education: The Driving Force Behind Information Security". The price to attend is $365. See, notice. Location: Inn and Conference Center, University of Maryland University College (UMUC), 3501 University Boulevard East, Adelphi, MD.

Deadline to submit requests to the U.S. Trade Representative's (USTR) Trade Policy Staff Committee (TPSC) to testify orally at the TPSC hearing on March 17, 2004 regarding negotiating objectives for the proposed free trade agreement (FTA) between the U.S. and four Andean countries (Colombia, Peru, Ecuador, and Bolivia). See, notice in the Federal Register, February 17, 2004, Vol. 69, No. 31, at Pages 7532 - 7534.

The House will meet at 10:00 AM for legislative business. The House may take up HR 3717, the "Broadcast Decency Enforcement Act of 2004", subject to a rule. See, Republican Whip Notice.

7:45 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be Steve Largent, P/CEO of the Cellular Telecommunications and Internet Association (CTIA). Prices range for $30 to $55. See, registration form. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave. NW.

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).

9:30 AM. The Senate Judiciary Committee will hold a business meeting. The agenda, which the Committee is not likely to follow in its entirety, includes consideration of several pending judicial nominees, including Henry Saad (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), William James Haynes (4th Circuit), Diane Sykes (7th Circuit), William Gerry Myers (9th Circuit), James Robart (Western District of Washington), Juan Sanchez (Eastern District of Pennsylvania), and Lawrence Stengel (Eastern District of Pennsylvania). Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in City and County of San Francisco v. FCC, No. 03-1186. See, FCC brief [31 pages in PDF]. Judges Ginsburg, Randolph and Roberts will preside. Location: 333 Constitution Ave.

10:00 AM. The House Ways and Means Committee will hold a hearing titled "President Bush's Trade Agenda". The sole witness will be U.S. Trade Representative Robert Zoellick. See notice. Location: Room 1100, Longworth Building.

10:00 AM. The House Education and Workforce Committee will hold a hearing titled "The Changing Nature of the Economy: The Critical Roles of Education and Innovation in Creating Jobs & Opportunity in a Knowledge Economy". The witnesses will include Alan Greenspan (Chairman of the Federal Reserve Board) and John Castellani (Business Roundtable), and Robert Grady (Carlyle Group and National Venture Capital Association). The hearing will be webcast by the Committee. Location: Room 2175, Rayburn Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing on the proposed budget for the Transportation Security Administration (TSA). The Homeland Security Act transferred the TSA from the Department of Transportation to the Department of Homeland Security (DHS). The Computer Assisted Passenger Prescreening System (CAPPS) II program is run by the TSA. Under Secretary for Border and Transportation Security Asa Hutchinson is scheduled to testify. Location: Room 2359, Rayburn Building.

11:00 AM. The Senate Appropriations Committee's Subcommittee on the legislative branch will hold a hearing on the proposed budget for fiscal year 2005 for the Library of Congress. Location: Room 138, Dirksen Building.

12:00 NOON. The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Section 115 of the Copyright Act: In Need of Update?". 17 U.S.C. § 115 pertains to compulsory licensing. The hearing will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

Day three of a three day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "Awareness, Training and Education: The Driving Force Behind Information Security". The price to attend is $365. See, notice. Location: Inn and Conference Center, University of Maryland University College (UMUC), 3501 University Boulevard East, Adelphi, MD.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding 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, notice in the 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.

12:15 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch. The topic will be "Balancing Work Life & Family Life". The speakers will be FCC Commissioner Kathleen Abernathy, Debra Lee (BET), and Michele Farquhar (Hogan & Hartson). RSVP to Monica Desai at 202 418-7419 or mdesai@fcc.gov by Wednesday, March 10. Location: FCC, 445 12th St., SW, 8th Floor, Conference Room 1.

The Senate will not meet from March 15 through March 19.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in AT&T Wireless Services v. FCC, No. 03-1043. Judges Sentelle, Rogers and Garland will preside. Location: 333 Constitution Ave.

Extended deadline to submit reply 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 reply 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, order [PDF] extending deadlines.

Deadline to submit comments to the Office of Personnel Management (OPM) regarding its proposed rule implementing provisions in the E-Government Act of 2002 that authorize the temporary assignment of employees in the field of information technology management (IT) between the federal government and private sector organizations. See, notice in the Federal Register January 15, 2004, Vol. 69, No. 10, at Pages 2308 - 2311.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its draft document [58 pages PDF] numbered "NIST Special Publication 800-63" and titled "Recommendation for Electronic Authentication". This publication supplements the December 16, 2003 Office of Management and Budget (OMB) memorandum [PDF] titled "E-Authentication Guidance for Federal Agencies" that defines four levels of authentication in terms of the likely consequences of an authentication error. This NIST publication states that it "provides technical guidance to Federal agencies implementing electronic authentication. The recommendation covers remote authentication of users over open networks. It defines technical requirements for each of four levels of assurance in the areas of identity proofing, registration, tokens, authentication protocols and related assertions." E-Mail comments to eauth-comments@nist.gov.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, March 8, 2004, Vol. 69, No. 45, at Pages 10677 - 10678. Location: Hyatt Regency Hotel Bethesda, 7400 Wisconsin Avenue, Bethesda, MD.

9:00 AM - 1:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Electronic Discovery and Evidence in Government Contract Litigation". Prices vary. For more information, call 202 626-3488. Location: DC Bar Conference Center, 1250 H St., NW, B-1 Level.

9:00 AM. The Federal Communications Commission's (FCC) North American Numbering Council will meet. See, notice in the Federal Register, February 13, 2004, Vol. 69, No. 30, at Pages 7224 - 7225. Location: FCC, 445 12th Street, SW, Commission Meeting Room (Room TW-C305).