4/21. The Federal Communications Commission (FCC) announced and released its Order [27 pages in PDF] on AT&T's petition for a declaratory ruling that access charges do not apply to its service in which calls originate and terminate on circuit switched PSTN facilities, but are routed on internet backbone. The FCC rejected AT&T's request, and ruled that the service at issue is "telecommunications service upon which interstate access charges may be assessed".

AT&T filed its petition [37 pages PDF] on October 18, 2002. The FCC adopted this Order, but did not announce it, on April 14, 2004. This Order is FCC 04-97 in WC Docket No. 02-361. The FCC was unanimous. All five Commissioners wrote separate statements.

FCC Chairman Michael Powell wrote in a separate statement [PDF] that this Order rests on "very narrow grounds" and that VOIP "should be very lightly regulated".

He said that "To allow a carrier to avoid regulatory obligations simply by dropping a little IP in the network would merely sanction regulatory arbitrage and would collapse the universal service system virtually overnight."

FCC Commissioner Kathleen Abernathy (at right) wrote in a separate statement [PDF] that "AT&T's ``phone-to-phone IP telephony service´´ is a telecommunications service. In fact, this service -- which begins and ends on the PSTN, provides no enhanced functionalities, and entails no net protocol conversion -- does not differ in any material respect from traditional long distance services."

She added that "true VoIP services" are "provided via broadband connections and offer enhanced functionalities to consumers".

The Order describes AT&T's service at issue as follows: "The service at issue in AT&T’s petition consists of an interexchange call that is initiated in the same manner as traditional interexchange calls -- by an end user who dials 1 + the called number from a regular telephone. When the call reaches AT&T’s network, AT&T converts it from its existing format into an IP format and transports it over AT&T's Internet backbone. AT&T then converts the call back from the IP format and delivers it to the called party through local exchange carrier (LEC) local business lines."

The Order offers this analysis. "We clarify that AT&T’s specific service is a telecommunications service as defined by the Act. AT&T offers ``telecommunications´´ because it provides ``transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.´´ And its offering constitutes a ``telecommunications service´´ because it offers ``telecommunications for a fee directly to the public.´´ Users of AT&T’s specific service obtain only voice transmission with no net protocol conversion, rather than information services such as access to stored files." (Footnotes omitted.)

The Order adds that "AT&T does not offer these customers a ``capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information;´´ therefore, its service is not an information service under section 153(20) of the Act. End-user customers do not order a different service, pay different rates, or place and receive calls any differently than they do through AT&T's traditional circuit-switched long distance service; the decision to use its Internet backbone to route certain calls is made internally by AT&T. To the extent that protocol conversions associated with AT&T’s specific service take place within its network, they appear to be ``internetworking´´ conversions, which the Commission has found to be telecommunications services. We clarify, therefore, that AT&T’s specific service constitutes a telecommunications service." (Footnotes omitted.)

Then, having determined that the service is a "telecommunications service", the FCC concluded that access charges should apply. The Order states that "all telecommunications services are subject to our existing rules regarding intercarrier compensation. Consequently, when a provider of IP-enabled voice services contracts with an interexchange carrier to deliver interexchange calls that begin on the PSTN, undergo no net protocol conversion, and terminate on the PSTN, the interexchange carrier is obligated to pay terminating access charges." (Footnote omitted.)

The Order adds that "We do not make any determination at this time regarding the appropriateness of retroactive application of this declaratory ruling against AT&T or any other party alleged to owe access charges for past periods."

Commissioner Kevin Martin wrote separate statement [PDF] in which he addressed the topic of retroactive application of agency decisions.

Commissioner Michael Copps wrote in a separate statement [PDF] that by deciding individual petitions for declaratory rulings, before addressing intercarrier compensation generally, the FCC is creating confusion.

Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that "This Order makes clear that the service in question -- which is marketed as, and is identical in all significant respects to, traditional long distance service -- is a telecommunications service. As a result, consumers will enjoy the protections of our rules for telecommunications services and local phone providers will receive adequate compensation for carrying these calls. Were the Commission to reach another result – classifying this service as an information service -- providers could avoid the obligation to observe consumer protection rules, to comply with public safety and law enforcement provisions, and to contribute to the universal service fund ..."

BellSouth's VP for Governmental Affairs Herschel Abbott praised the FCC's Order in a release. He stated that "Today's FCC action is NOT regulation of the Internet. To be clear -- it is nothing more than the application of clear and existing rules to a traditional voice telecom service. AT&T's ``IP-in-the-middle´´ service offers consumers none of the features and capabilities associated with true VoIP. What AT&T is offering is plain old telephone service. In fact, AT&T bills its customers no differently whether or not the call travels part of the way on an IP circuit. We agree, by the way, that calls that never touch the local telephone network are not subject to access charges."

The FCC has two pending proceeding related to this declaratory ruling. First, there is its now three years old proceeding on intercarrier compensation (CC Docket No. 01-92). Second, there is its recently begun proceeding on IP-enabled services (FCC 04-28 in WC Docket No. 04-36). See, story titled "FCC Adopts NPRM Regarding Regulation of Internet Protocol Services" in TLJ Daily E-Mail Alert No. 837, February 16, 2004.

The FCC has recently decided two petitions for declaratory rulings regarding VOIP services -- the just decided AT&T petition, and Pulver.com's petition regarding its Free World Dialup (FWD) service.

The FCC announced its declaratory ruling on February 12, 2004 that FWD is "not telecommunications as defined by the Act", that FWD is "not telecommunications service as defined by the Act", and that FWD is "an information service as defined by the Act". See, story titled "FCC Rules on Pulver's Free World Dialup VOIP Service" in TLJ Daily E-Mail Alert No. 836, February 13, 2004.

There are also pending petitions for declaratory rulings regarding VOIP services, submitted by Vonage and Level 3.

Vonage seeks a ruling that its service is an "information service" and that federal policy preempts state action in this area. Vonage filed its petition on September 22, 2003. See, part 1, part 2, part 3, part 4, part 5, and part 6. This is WC Docket No. 03-211.

Vonage has also litigated this issue. On October 16, 2003, the U.S. District Court (DMinn) issued its Memorandum and Order [PDF] in Vonage v. Minnesota Public Utilities Commission, holding that Vonage is an information service provider, and that the MPUC cannot apply state laws that regulate telecommunications carriers to Vonage. The Court wrote that "State regulation would effectively decimate Congress's mandate that the Internet remain unfettered by regulation." See, story titled "District Court Holds that Vonage's VOIP is an Information Service" in TLJ Daily E-Mail Alert No. 760, October 17, 2003.

On December 23, 2003, Level 3 Communications filed a petition with the Federal Communications Commission (FCC) requesting that it forebear from applying the requirements of Section 251(g) and FCC rules to the extent that they might be interpreted to allow local exchange carriers (LECs) to impose interstate or intrastate access charges on internet protocol (IP) traffic that originates or terminates on the public switched telephone network (PSTN), or on PSTN-PSTN traffic incidental thereto. The Level 3 petition is published in the FCC web site in five parts in PDF. See, part 1, part 2, part 3, part 4, and part 5. 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.

Finally, there is the DOJ's pending petition, which seeks, among many other things, a declaratory ruling that CALEA obligations extend to providers of VOIP services.

4/21. President Bush gave a speech to the Newspaper Association of America in Washington DC in which he discussed many issues, including broadband policy, free trade, and extending the USA PATRIOT Act.

Broadband policy. Bush stated that "The proper role of the federal government, in my judgment on this, is to help set a national standard so that the myriad of producers have something around which to make proper decision-making when it comes to the use of IT technology. I believe there ought to be broadband in every community, and available to every house by the year 2007, in order to make sure America has lasting prosperity. And that's just the beginning. I think not only should broadband be accessible, but there ought to be ample providers available to every house and every community in America."

President Bush also gave a speech that focused on broadband policy in Albuquerque, New Mexico on March 26, 2004. See also, stories titled "Bush Calls for Universal Broadband Access by 2007" and "Bush Speech Omits Reference to FCC" in TLJ Daily E-Mail Alert No. 865, March 29, 2004.

Bush continued in his latest speech that "two thoughts pop in my mind about making sure that the broadband technology is expanding properly. One, there needs to be good tax policy in order to encourage the spread of broadband technology, which means we shouldn't tax access. If we want it to spread rapidly, and if we want it to be available in all communities, in my judgment the federal government should deny taxation to broadband technology access. And, secondly, there needs to be good regulatory policy out of the administration so as to encourage the spread of competitive -- of services throughout our country."

Finally, President Bush praised Federal Communications Commission (FCC) Chairman Michael Powell. He said that "We're lagging a little bit on broadband technology, the access of broadband technology. And I think we need to kind of accelerate it with good policy and -- particularly good regulatory policy out of the FCC. I think we're getting that from Chairman Powell. I feel comfortable he's got a good and positive vision about how to spread broadband."

Free trade. Bush said that "I'm a big believer in free trade. If we want to have lasting prosperity, it is essential that the nation reject the economic isolationism and promote trade."

He continued that "Our markets are relatively open to other nations. It's a decision, by the way, of administrations from both political parties that it makes sense for the consumers to be able to have more choices and more decisions -- when you have more choices and more decisions in the marketplace, you generally get better quality goods at a better price."

"And, yet, other countries haven't reciprocated. And, to me, the proper role of the administration to make sure there's lasting prosperity is to insist that other countries open up their markets as opposed to closing ours. And we'll continue to do so. We filed a WTO suit against China. We've made some noise here and there. We will insist that the trade laws be enforced", said Bush.

In March the U.S. submitted a complaint to the World Trade Organization (WTO) regarding the PR China's value added tax on integrated circuits. See, story titled "US Complains to WTO About PR China's Tax Preference for Domestic Producers of Integrated Circuits" in TLJ Daily E-Mail Alert No. 859, March 19, 2004.

Bush concluded that "it's essential that the country reject economic isolationism if we want to have lasting prosperity. Trade wars will make it incredibly difficult for us to be prosperous -- and also, by the way, hurt countries on the continent of Africa, for example -- desperate, poor little countries trying to develop markets and trying to develop a business community and small businesses. If we don't open up our markets to them, if we don't trade freely, it'll be difficult for there to be hope in impoverished parts of the world."

However, while Bush condemned protectionism, he did not specifically address protectionism in the context of offshore outsourcing.

PATRIOT Act. Bush again discussed the USA PATRIOT Act. He said that "Two-thirds of the Americans think we're going to get hit again? Well, I can understand why they think they're going to get hit again: They saw what happened in Madrid. This is a hard country to defend. We are making good progress in the defense of America. We've got a Department of Homeland Security that now enables people to better coordinate, and cooperate, and share information. We've got a Patriot Act -- which needs to be renewed, by the way, and strengthened, in my judgment -- that is really important to allow the criminal division and the intelligence division of the FBI to share information, which they could not do before."

He has been speaking about the PATRIOT Act frequently since Saturday, April 17. On April 17 he gave a brief radio address. See, story titled "Bush Addresses PATRIOT Act" in TLJ Daily E-Mail Alert No. 879, April 19, 2004. On April 19 he gave a speech in Hershey, Pennsylvania. See, stories titled "Bush Proposes to Extend and Expand PATRIOT Act" and "Bush Opposes Congressional Proposals to Roll Back Parts of PATRIOT Act" in TLJ Daily E-Mail Alert No. 880, April 20, 2004. On Tuesday, April 20, he gave speech in Buffalo, New York. See, story titled "Bush Continues to Speak About PATRIOT Act" in TLJ Daily E-Mail Alert No. 881, April 21, 2004.

4/21. The Department of Justice (DOJ) announced the membership of the DOJ's Intellectual Property Task Force. it will include David Israelite (Chairman of the Task Force), Daniel Bryant (AAG in charge of the Office of Legal Policy), Jack Goldsmith (AAG in charge of the Office of Legal Counsel), Peter Keisler (AAG in charge of the Civil Division), Christopher Wray (AAG in charge of the Criminal Division), Hewitt Pate (AAG in charge of Antitrust Division), William Moschella (AAG in charge of the Office of Legislative Affairs), Paul Clement (Principal Deputy Solicitor General), Makan Delrahim (Deputy AAG in the Antitrust Division), Valerie Caprioni (General Counsel for the Federal Bureau of Investigation), Debra Yang (U.S. Attorney for the Central District of California), and Kevin Ryan (U.S. Attorney for the Northern District of California). See, DOJ release.

4/21. The Office of the U.S. Trade Representative (USTR) published a notice in the Federal Register requesting comments on the complaint that the USTR submitted to the World Trade Organization (WTO) regarding the PR China's value added tax on integrated circuits. The deadline to submit comments is May 17, 2004. See, Federal Register, April 21, 2004, Vol. 69, No. 77, at Pages 21593 - 21594. See also, story titled "US Complains to WTO About PR China's Tax Preference for Domestic Producers of Integrated Circuits" in TLJ Daily E-Mail Alert No. 859, March 19, 2004.

4/21. Tech Law Journal published in the TLJ website a table titled "Summary of Comments Submitted to the FCC in Response to the DOJ's CALEA Petition (RM-10865)". Reply comments are due by April 27, 2004. See, FCC notice [PDF].

4/21. The Senate Judiciary Committee (SJC) has scheduled an executive business meeting for 11:00 AM on Thursday, April 22. The agenda includes consideration of five major bills affecting intellectual property.

Although, this Committee has a history of placing items on its agenda, and then not taking them up.

CREATE Act. First, the SJC agenda includes S 2192, the "Cooperative Research and Technology Enhancement Act" (CREATE Act). This is a non-controversial bill to promote collaborative research.

The House passed its version of the bill, HR 2391, on March 10, 2004 by a voice vote. See, story titled "House Passes CREATE Act" in TLJ Daily E-Mail Alert No. 854, March 11, 2004. Sen. Orrin Hatch (R-UT), the Chairman of the SJC, Sen. Patrick Leahy (D-VT), the ranking Democrat on the SJC, and others, introduced S 2192 on March 10. Its substantive language matches that of the HR 2391. Sen. Hatch and Sen. Leahy both spoke in the Senate in support of the bill. See, Congressional Record, March 10, 2004, at Pages S2558-9.

The bill would amend Section 103(c) of the Patent Act, which is codified at 35 U.S.C. § 103, to address the August 8, 1997 opinion of the U.S. Court of Appeals for the Federal Circuit in OddzOn Products, Inc. v. Just Toys, Inc., which ruled that derived prior art may serve as evidence of obviousness.

Section 103(c) currently provides a safe harbor for inventions that are the product of collaboration involving co-inventors within a single company. However, scientific research is increasingly being conducted jointly by multiple companies, universities, government labs, and/or other entities.

The holding in the OddsOn case threatens to discourage collaborative research, where the scientists involved are not employed by the same company or entity. Basically, the Court interpreted Section 103(c) to mean that prior art under Sections 102(f) or 102(g) could be used to determine the obviousness of an invention where there is no common ownership or assignment of the invention and information being shared among the collaborators, and the information exchanged is not publicly known. The bill amends Section 103 to provide that patentability is not precluded in the case of research conducted across entities pursuant to a joint research agreement.

USPTO Fee Bill. Second, the agenda includes HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2004".

The House passed this bill on March 3, 2004 by a vote of 379-28. See, Roll Call No. 38. See also, story tiled "House Passes USPTO Fee Bill" in TLJ Daily E-Mail Alert No. 849, March 4, 2004.

The bill contains increases in user fees that implement the U.S. Patent and Trademark Office's (USPTO) 21st Century Strategic Plan. It also provides for U.S. outsourcing of patent searches, and an end to the diversion of user fees to subsidize other government programs.

EnFORCE Act. Third, the agenda includes S 1933, the "Enhancing Federal Obscemity Reporting and Copyright Enforcement Act of 2003", also know as the EnFORCE Act. This bill might more accurately be described as six mostly unrelated amendments to the Copyright Act.

Sen. Orrin Hatch (R-UT), Sen. Dianne Feinstein (D-CA) and Sen. John Cornyn (R-TX) introduced this bill on November 21, 2003. See, story titled "Sen. Hatch Introduces Bill With Numerous Amendments to Copyright Act" in TLJ Daily E-Mail Alert No. 791, December 3, 2003. (This story summarizes all of the changes to the Copyright Act that this bill would make.)

PIRATE Act. Fourth, the agenda includes S 2237, the "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004".

Sen. Leahy and Sen. Hatch introduced this bill on March 25, 2004. See, story titled "Leahy and Hatch Introduce Bill to Give DOJ Authority to Bring Civil Actions for Copyright Infringement" in TLJ Daily E-Mail Alert No. 866, March 30, 2004.

The bill has two provisions. First, it would authorize the Department of Justice (DOJ) to bring civil actions for copyright infringement for conduct that already constitutes criminal copyright infringement under 17 U.S.C. § 506. This would accomplish two things. It would make it easier to prevail, because, among other things, the civil action would have a lower burden of proof. It would also provide a less punitive action for youthful P2P music pirates.

Second, the bill would establish a training program (and authorize funding of $2,000,000) to educate DOJ and U.S. Attorneys Office personnel in copyright enforcement matters.

ART Act. Fifth, the agenda includes S 1932 the "Artists' Rights and Theft Prevention Act of 2003". Sen. Cornyn and others introduced this bill on November 22, 2003. See, story titled "Senators Introduce Bill to Increase Protection of Pre-Released Movies and Other Unpublished Works" in TLJ Daily E-Mail Alert No. 786, November 25, 2003. (This story contains a summary of the bill.)

The agenda also includes consideration of several non-technology related bills.

Finally, the agenda also includes consideration of the following judicial nominees: Henry Saad (to be a Judge of the U.S. Court of Appeals for the Sixth Circuit), William Duane Benton (Eighth Circuit), Robert Bryan Harwell (District of South Carolina), and George Schiavelli (Central District of California). However, the SJC frequently places on its agenda consideration of judicial nominees, and then postpones consideration of those nominees. For example, Committee Democrats have long been delaying a vote on Henry Saad.

The House will meet at 9:00 AM for legislative business. The agenda includes consideration of several non technology related items under suspension of the rules. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will continue its consideration of S 2290, the asbestos bill.

CANCELLED. 9:00 AM. The House Armed Services Committee will hold a hearing to receive the Report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse (EMP) Attack. William Graham, the Chairman of the Commission, and other members, will testify. Location: Room 2118, Rayburn Building.

9:00 - 10:30 AM and 1:00 - 5:00 PM. Day two of a three day meeting of the National Commission on Libraries and Information Science (NCLIS) will hold a meeting. See, notice in the Federal Register, April 12, 2004, Vol. 69, No. 70, at Page 19240. Location: 1110 Vermont Avenue, NW, Suite 820.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Verizon v. FCC, No. 03-1396. Judges Ginsburg, Garland and Roberts will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

TIME CHANGE. 11:00 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several bills pertaining to intellectual property, and several judicial nominees. The Committee rarely completes its agenda, particularly with respect to judicial nominees. The relevant bills include S 2192, the "Cooperative Research and Technology Enhancement Act" (CREATE Act), HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2004", S 1933, the "Enhancing Federal Obscemity Reporting and Copyright Enforcement Act of 2003", S 2237, the "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004", S 1932 the "Artists' Rights and Theft Prevention Act of 2003". The judicial nominees on the agenda are Henry Saad (to be a Judge of the U.S. Court of Appeals for the Sixth Circuit), William Duane Benton (Eighth Circuit), Robert Bryan Harwell (District of South Carolina), and George Schiavelli (Central District of California). 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 titled "Committee Print to Amend the Federal Trademark Dilution Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Foreign Relations Committee's Subcommittee on East Asian and Pacific Affairs will hold a hearing to examine U.S. China relations and the status of reforms in China. Location: Room 106, Dirksen Building.

9:00 AM - 1:00 PM. Day three of a three day meeting of the National Commission on Libraries and Information Science (NCLIS) will hold a meeting. See, notice in the Federal Register, April 12, 2004, Vol. 69, No. 70, at Page 19240. Location: 1110 Vermont Avenue, NW, Suite 820.

9:30 AM. The House Armed Services Committee will hold a hearing titled "The China Factor: China's Acquisition of Western Arms and Critical Technology". The witnesses will be Newt Gingrich (American Enterprise Institute), Frank Kramer (Shea & Gardner), Richard Fisher (Center for Security Policy), and John Tkacik (Heritage Foundation). Location: Room 2212, Rayburn Building.

10:00 AM. The Federal Communications Commission's (FCC) Technological Advisory Committee will hold a meeting. The agenda includes broadband wireless and spam. See, notice [PDF] and agenda [PDF]. The event will be audio webcast. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding auction procedures for the September 15, 2004 Automated Maritime Telecommunications System Spectrum Auction. See, notice in the Federal Register, April 20, 2004, Vol. 69, No. 76, at Pages 21110 - 21114.

? 9:30 AM. The Senate Commerce Committee will hold a hearing to examine telecommunications policy. Press contact: Rebecca Hanks (McCain) at 202 224-2670. Location: Room 253, Russell Building.

9:30 - 10:30 AM. Federal Communications Commission (FCC) Commissioner Jonathan Adelstein will host an event titled "press breakfast". The notice requests an RSVP to Anne Perkins (202-418-2314) in Commissioner Adelstein's office by April 26. Location: FCC, 8th Floor Conference Room.

? 10:00 AM. The Senate Judiciary Committee will hold a hearing on the nomination of Brett Kavanaugh to be a Judge of the U.S. Court of Appeals for the District of Columbia. Location: Room 226, Dirksen Building.

10:00 AM - 5:30 PM. Day one of a two day meeting of the Federal Communications Commission's (FCC) Enhanced 911 Coordination Initiative. See, agenda [PDF]. Location: FCC, 445 12th Street, SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Department of Justice's (DOJ) petition for a rulemaking proceeding [PDF] regarding surveillance of voice over internet protocol (VOIP), regulation of VOIP related technologies, the Communications Assistance for Law Enforcement Act (CALEA), and related issues. This is RM-10865. See, FCC notice [PDF] (DA 04-700). See also, TLJ table titled "Summary of Comments Submitted to the FCC in Response to the DOJ's CALEA Petition (RM-10865)".

Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for grants under the Technology Opportunity Program (TOP). Grant applications must be either postmarked no later than April 27, 2004, or hand-delivered no later than 5:00 PM EST on April 27, 2004. See, notice in the Federal Register, February 17, 2004, Vol. 69, No. 31, at Pages 7452 - 7454, story titled "NTIA Publishes Notice Regarding TOP Grants" in TLJ Daily E-Mail Alert No. 839, February 18, 2004; and the NTIA's TOP web page.

9:00 AM - 1:00 PM. Day two of a two day meeting of the Federal Communications Commission's (FCC) Enhanced 911 Coordination Initiative. See, agenda [PDF]. Location: FCC, 445 12th Street, SW.

12:00 NOON. The Progress and Freedom Foundation (PFF) will host a luncheon. The speakers will be Richard Notebaert (Ch/CEO of Qwest Communications), Anna-Marie Kovacs (Janney Montgomery Scott), Frank Governali (Goldman Sachs), and Blake Bath (Lehman Brothers). See, notice and online registration page. Press contact: David Fish at 202 289-8928 or dfish@pff.org. Location: Rotunda Room, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Committee will host a brown bag lunch. The speaker will be Hillary Brill, Legislative Director for Rep. Rick Boucher (D-VA). RSVP to Evelyn Opany at 202 689-7163. Location: Piper Rudnick, 1200 19th Street, NW.

? 9:30 AM. The Senate Commerce Committee will hold a hearing to examine telecommunications policy. Press contact: Rebecca Hanks (McCain) at 202 224-2670. Location: Room 253, Russell Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Spyware: What You Don't Know Can Hurt You". The hearing will be webcast by the Committee. See, notice. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2322, Rayburn Building.

12:15 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon titled "The Impact of Expensing Stock Options on the Tech Industry". See, registration page. Location: Room 902, Hart Building, Capitol Hill.

12:15 PM. The Federal Communications Bar Association's (FCBA) Media Practice Committee will host a brown bag lunch. The topic will be the Federal Communications Commission's (FCC) television license renewal process. The speakers will be Barbara Kreisman and staff of the FCC's Video Division. RSVP to John Logan at jlogan@dlalaw.com. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW.