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September 22, 2004, 9:00 AM ET, Alert No. 981.
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Senate Judiciary Committee Approves Copyright Royalty and Distribution Reform Act

9/21. The Senate Judiciary Committee approved, without amendment or discussion, by unanimous consent, HR 1417, the "Copyright Royalty and Distribution Reform Act of 2004".

This bill replaces copyright arbitration royalty panels (CARPs) with Copyright Royalty Judges (CRJs). The purpose of these CARPs and CRJs is to set and adjust copyright royalty rates and distribute of royalties under various compulsory licenses.

These compulsory licenses involve cable television signals, satellite television signals, digital audio recording technology, and other technologies. This bill gives CRJs authority to set and adjust reasonable terms and rates of royalty payments under 17 U.S.C. § 112(e) (ephemeral recordings), § 114 (limited performance rights under the Digital Performance in Sound Recording Act of 1995), § 115 (mechanical compulsory license for certain uses of copyrighted musical compositions), § 116 (public performance of musical works embodied in coin operated phonorecord players), § 118 (published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting), § 119 (retransmission of tv broadcast signals by satellite carriers), and § 1004 (devices set forth under the Audio Home Recordings Act) licenses.

The bill also sets criteria and factors to be applied by the CRJs in setting and adjusting royalty rates. The bill also addresses procedure to be followed in CRJ proceedings. The bill also addresses the appointment, tenure, compensation, staffs and independence of these CRJs.

Proponents of this bill argue that the current CARP system is too expensive, and since CARP members often lack expertise, its decisions are unpredictable and inconsistent.

The bill was introduced on March 25, 2003 by Rep. Lamar Smith (R-TX), Rep. Howard Berman (D-CA), and Rep. John Conyers (D-MI). The House Judiciary Committee approved the bill on September 24, 2003. See, Report No. 108-408.

On March 3, 2004, the full House passed HR 1417 by a vote of 406-0. See, Roll Call No. 37.

Senate Judiciary Committee Holds Over Tech and IP Bills

9/21. The Senate Judiciary Committee held a business meeting on Tuesday, September 21. The meeting agenda included numerous bills and judicial nominees. However, the Committee took up only two bills, S 1700, the "Advancing Justice through DNA Technology Act of 2003", and HR 1417, the "Copyright Royalty and Distribution Reform Act of 2004". See, above story.

Inducement Bill. The Committee's agenda included S 2560, the "Inducing Infringement of Copyrights Act of 2004". However, the Committee did not debate, discuss or mark up this bill.

Sen. Orrin Hatch (R-VT), the Chairman of the Committee, and lead sponsor of the bill, stated briefly that the Committee "held over" this bill. He referenced the ongoing consultations and discussions conducted by the Copyright Office, and the latest draft version of this bill. See, September 9 draft and explanatory memorandum.

Sen. Hatch concluded by stating that "I plan to expedite consideration of this bill".

L1 Visa Bill. The agenda also included S 1635 the "L-1 Visa (Intracompany Transferee) Reform Act of 2003". The Committee held over consideration of this bill, without debate or discussion. This bill has been placed on the Committee's agenda many times in the past, only to be held over every time.

Trademarks. The agenda also included S 2373, a bill to modify the prohibition on recognition by U.S. courts of certain rights relating to certain marks, trade names, or commercial names. This bill, which is sponsored by Sen. Pete Domenici (R-NM), pertains to trademarks confiscated by the communist government of Cuba.

In 1998, the 105th Congress passed, and the President signed, HR 4328; it became Public Law No. 105-277. Section 211 of this act prohibits enforcement of U.S. rights to trademarks confiscated by the Cuban government, except with the consent of the legitimate owner. The EU challenged this act before the World Trade Organization (WTO), which ultimately found in favor of the U.S. on most, but not all points. S 2373 would modify Section 211 to address the WTO's ruling.

Other Matters Held Over. The Committee also held over consideration of S 2396, the "Federal Courts Improvement Act of 2004", and S 2204, the "Stop Terrorist and Military Hoaxes Act of 2004". The Committee also held over consideration of the nomination of Claude Allen to be a Judge of the U.S. Court of Appeals for the 4th Circuit.

The Committee has scheduled another business meeting for Thursday, September 23, 2004, at 9:00 AM. This will not likely be a long meeting, since the House and Senate are holding a joint session at 10:00 AM to receive Ayad Allawi, the Interim Prime Minister of Iraq. Also, the Committee may not attain a voting quorum. At its 10:00 AM meeting on Tuesday, September 21, it was nearly 11:00 AM before the Committee attained a voting quorum.

House Approves Anti-counterfeiting Amendments of 2003 and Fraudulent Online Identity Sanctions Act

9/21. The House amended and approved HR 3632, the "Anti-counterfeiting Amendments of 2003" by a voice vote. This bill has become the vehicle for numerous provisions, some of which are not related to counterfeiting. The bill, as amended by the full House, also includes the language of HR 3754, the "Fraudulent Online Identity Sanctions Act", as well as two bills to provide for additional meeting places of federal courts. The bill has been renamed the "Intellectual Property Protection and Courts Improvements Act of 2004".

Rep. Lamar Smith (R-TX) and others introduced HR 3632 on November 21, 2003. See, story titled "Rep. Smith Introduces Bill to Strengthen Ban on Counterfeit Labeling of Software, Movies and Music" in TLJ Daily E-Mail Alert No. 787, November 26, 2003.

This bill revises and expands 18 U.S.C. § 2318, which pertains to trafficking in counterfeit labels, documentation and packaging of computer programs, phonorecords, and movies.

The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) held a hearing on February 12, 2004. The CIIP Subcommittee amended and approved the bill on March 31, 2004. The full Committee amended and approved the bill on June 23, 2004. See, House Report No. 108-600.

Rep. James Sensenbrenner (R-WI), the Chairman of the full Committee, said on September 21 that "Efforts to ensure that consumers are able to know whether they are buying legitimate software, music, movies, and other forms of intellectual property are being subverted by those who counterfeit authentication labels and steal legitimate ones. These counterfeited and illicit labels are then attached to counterfeit products defrauding consumers into thinking that they have purchased a legitimate copy of the product, when they have not.  The middleman who traffics in illicit and counterfeit labels can walk away from his crime with no penalties. H.R. 3632 would close this loophole and ensure that everyone who undertakes a scheme to defraud consumers faces criminal penalties."

Rep. Smith and Rep. Howard Berman (D-CA) introduced HR 3754, the "Fraudulent Online Identity Sanctions Act", on February 3, 2004. This bill provides additional civil and criminal remedies in actions that also involve domain name fraud. The CIIP Subcommittee held a hearing on February 4, 2004. See, story titled "Representatives Introduce Bill to Deter Domain Name Fraud" in TLJ Daily E-Mail Alert No.830, February 5, 2004.

The CIIP Subcommittee amended and approved the bill on March 31, 2004. The full Committee amended and approved the bill on May 12, 2004. See, House Report No. 108-536.

The bill addresses problems associated with the registration of domain names with false information. For example, law enforcement authorities use the Whois database of domain name registration information to identify and locate people who use web sites to commit crimes. False registration information makes identifying the fraud artists more difficult. Similarly, false registration information makes it harder for trademark holders to pursue cybersquatters who register domain names that infringe their trademarks. False registration information also makes it harder for copyrights holders and manufacturers to locate online infringers and online sellers of counterfeit goods.

The bill as approved by the House also includes the language of HR 112, a bill to amend Title 28 to provide that the U.S. District Court for the District of Colorado shall also meet in Colorado Springs.

The bill as approved by the House also includes the language of HR 4646, a bill to amend Title 28 to provide that the U.S. District Court for the Northern District of New York shall also meet in Plattsburgh.

House Approves Video Voyeurism Prevention Act

9/21. The House approved S 1301, the "Video Voyeurism Prevention Act", by a voice vote. It criminalizes conduct such as surreptitious use of small digital cameras to capture and publish via the internet privacy invasive images and video.

This bill amends Title 18, the Criminal Code, to provide that "Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both."

Rep. James Sensenbrenner (R-WI) stated that "With the development of smaller cameras and the instantaneous distribution capability of the Internet, the issue of 'video voyeurism' is a huge privacy concern. Unsuspecting adults, as well as high school students and children have been targeted in school locker rooms, department store dressing rooms, and even in their homes."

The bill is sponsored by Sen. Mike DeWine (R-OH). The Senate approved the bill September 25, 2003.

This is a largely symbolic measure. It only applies in "the special maritime and territorial jurisdiction of the United States". That is, it only applies on federal property, and within federal jurisdiction. However, many states already have enacted similar or related laws. This bill may provide model language for states to follow.

Senate Commerce Committee Holds Hearing on Wireless Privacy

9/21. The Senate Commerce Committee held a hearing on S 1963, the "Wireless 411 Privacy Act". The Committee is scheduled to mark up this bill on Wednesday, September 23.

Steve Largent, P/CEO of the Cellular Telecommunications & Internet Association, wrote in his prepared testimony that "I sincerely believe that this bill is a solution in search of a problem and that S. 1963 is unnecessary. The wireless industry has a proven track record of protecting our customers’ privacy, and we have made a concerted effort while developing this directory assistance service to safeguard our subscribers’ personal information. Moreover, the service is still in the planning stages. It is extremely premature for Congress to issue a government mandate on a service that has yet to be made available to our customers. If there are wireless customers who have serious reservations about this service or who just do not want to be bothered with the choice of opting-in, they have the option to switch to a carrier that is not participating in the wireless 411 service."

Marc Rotenberg, Executive Director of the Electronic Privacy Information Center (EPIC), wrote in his prepared testimony that "The modern history of privacy protection is one where Congress acts in advance to safeguard privacy while allowing emerging technologies to develop. Enacting privacy protections for the wireless directories is both consistent with Congress' prior actions on privacy issues, and necessary in this case to ensure that consumers have substantive rights in their personal information. The “Wireless 411 Privacy Act,” S. 1963, is a first step toward addressing privacy issues presented by wireless directories. However, we believe this Committee should strengthen the Wireless Privacy Act in several aspects before it is presented to the full Senate. In particular, we believe that the standard for enrollment should be a consumer friendly, opt-in system that ensures adequate notice and requires affirmative consent."

Dennis Strigl, P/CEO of Verizon Wireless, wrote in his prepared testimony that "we do not, and will not publish or make available our customers' wireless phone numbers for a paper directory or a directory database".

He elaborated that "We at Verizon Wireless think a Wireless Telephone Directory would be a terrible idea, and we will not publish our customers cell phone numbers or otherwise participate in the plan you have heard about today. Here's why we will not participate in a directory assistance program: Since we started this business, we have not published our customers’ wireless phone numbers. We did this consciously, for the sake of preserving customers' privacy and control over their bill and discouraging interruptions from unwanted calls. We do not believe those basic reasons have changed. In fact, we see more reason today than ever to protect customers' privacy. The floodgates are open to spam, viruses, telemarketing and other unwanted, unsolicited messages on landline phones, computers and in mailboxes. We think our customers view their cell phones as one place where they don't face these intrusions, where they have control over their communications."

Patrick Cox, CEO of Qsent, Inc., wrote in his prepared testimony that his company "was selected by 6 of the nation’s leading wireless carriers to facilitate the delivery of wireless directory assistance information through the existing 411 providers". He further stated that wireless customers numbers would only be accessible if they opt in to the service. See also, prepared testimony of Kathleen Pierz of the The Pierz Group, consultants to phone companies and directory assistance providers.

TSA Requires Airlines to Provide Customer Data

9/21. The Department of Homeland Security's (DHS) Transportation Security Administration (TSA) released several documents in which it states that domestic airlines will be required to submit historic passenger name record (PNR) about individuals who completed domestic flight segments during the month of June, 2004.

PNR data includes full name, contact phone number, mailing address and travel itinerary. These documents state that the TSA will compile this data in an electronic database to test a new program, named Secure Flight, for screening domestic airline passengers.

Background. Before the terrorist attacks of September 11, 2001, the airlines conducted passenger screening, and administered the Computer Assisted Passenger Prescreening System (CAPPS), subject to federal guidelines. In late 2001, the Congress passed the Aviation and Transportation Security Act, which created the TSA as a unit of the Department of Transportation (DOT). This Act gave the TSA responsibility for airport passenger screening. In late 2002, the Congress passed the Homeland Security Act, which, among other things, created the Department of Homeland Security (DHS), and transferred the TSA from the DOT to the new DHS.

The TSA then embarked on developing a new passenger screening program, which it named CAPPS II. The TSA states that this program no longer exists. It further states that it now operates a "successor program" that it has named "Secure Flight".

David Stone9-11 Commission Recommendations. David Stone (at right), Assistant Secretary of Homeland Security for the TSA, stated in a  release that "This is an important moment in aviation security; we are advancing a vital tool to combat terrorism and checking off another recommendation from the 9-11 Commission".

The National Commission on Terrorist Attacks Upon the United States (9-11 Commission) released its report in late July. Several of the recommendations of the 9-11 Commission involve the use computer databases in airline passenger screening.

The report recommended that "Improved use of ``no-fly´´ and ``automatic selectee´´ lists should not be delayed while the argument about a successor to CAPPS continues. This screening function should be performed by the TSA, and it should utilize the larger set of watchlists maintained by the federal government. Air carriers should be required to supply the information needed to test and implement this new system."

The report also recommended a broader network of screening. It states that "The U.S. border security system should be integrated into a larger network of screening points that includes our transportation system and access to vital facilities, such as nuclear reactors." It also recommends "Extending those standards among other governments".

Documents Released by TSA. First, the TSA released a document [14 pages in PDF] titled "Privacy Impact Assessment; Secure Flight Test Phase".

This privacy impact assessment (PIA) states that Secure Flight is a "new program for screening domestic airline passengers in order to enhance the security and safety of domestic airline travel". It further states that the collected "historic PNR data also will be used to conduct a limited test to determine if the use of commercial data is effective in identifying passengers' information that is incorrect or inaccurate. This test will involve commercial data aggregators who currently provide services to the banking, home mortgage and credit industries."

This PIA states that the purpose of the Secure Flight program is to compare PNR data to "watch lists held in the Terrorist Screening Database (TSDB) maintained by the Terrorist Screening Center (TSC) to identify known or suspected terrorists who would use the airways to inflict catastrophic damage on the United States."

This PIA concedes that airline passengers are not afforded the opportunity to consent to the collection of personal information by the government. However, it states that "airline passengers are aware that by engaging in air travel they have consented to certain screening protocols since passenger prescreening is already in place".

This PIA further states that "by focusing solely on potential terrorism and not other law enforcement purposes, Secure Flight addresses concerns raised by privacy groups and others about the potential for ``mission creep´´ by TSA." It adds that the "TSA envisions that carriers may be required to collect full passenger name and possibly one other element of information under a fully implemented operational Secure Flight program."

The TSA also released a draft privacy act notice [15 pages in PDF] titled "Privacy Act of 1974: System of Records; Secure Flight Test Records".

The TSA also released a notice of emergency clearance request [11 pages in PDF].

These documents will be published in the Federal Register. As of the September 22, 2004 issue, the DHS/TSA had not yet published these items in the Federal Register.

More News

9/21. The U.S. Court of Appeals (7thCir) issued its opinion [11 pages in PDF] in Toney v. L'Oreal, a case regarding preemption of state causes of action by the Copyright Act. June Toney, a model, filed a complaint in state court in Illinois against L'Oreal and others alleging that they used her likeness beyond the authorized time, in violation of the Illinois Right of Publicity Act (IRPA) and the Lanham Act, 15 U.S.C. § 1125, et seq. L'Oreal removed the action to the U.S. District Court (NDIll). The District Court held that the IRPA claim is preempted by the federal Copyright Act, 17 U.S.C. § 101, et seq. The Court of Appeals affirmed. This case is June Toney v. L'Oreal, U.S.A., Inc., et al., U.S. Court of Appeals for the Seventh Circuit, App. Ct. No. 03-2184, an appeal from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 02 C 3002. Judge Ronald Guzman presiding.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, September 22

The House will meet at 10:00 AM. On Wednesday and Thursday, the House will consider numerous non-controversial and non-technology related items (such as HRes 761, congratulating Lance Armstrong for winning the Tour de France) under suspension of the rules. See, Republican Whip Notice.

The Senate will meet at 9:30 AM for morning business. It will then begin consider the nomination of Porter Goss to be Director of the Central Intelligence Agency (CIA).

Day three of a three day conference titled "Biometric Consortium Conference BC2004". Under Secretary of Homeland Security Asa Hutchinson will speak at 11:45 AM in Ballroom E. See, conference web site. Location: Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "90th Anniversary Symposium". See, agenda. Location: FTC, 601 New Jersey Ave., NW.

9:30 AM. The Senate Commerce Committee will hold a business meeting. The agenda includes consideration several bills, including S 1963, the "Wireless 411 Privacy Act", S 1380, the "Rural Universal Service Equity Act of 2003", S 2145, "The Spy Block Act", and S ___, a public safety spectrum bill. The agenda also includes consideration of the nominations of Deborah Majoras and Jonathan Liebowitz to be Commissioners of the Federal Trade Commission (FTC); both currently hold recess appointments. Press contact: David Wonnenberg at 202 224-2670 or david_wonnenberg Location: Room 253, Russell building.

9:30 AM. The Department of Homeland Security's (DHS) Homeland Security Advisory Council will hold a meeting, part of which will be closed to the public. The open portion will be held from 9:30 - 11:15 AM. See, notice in the Federal Register, September 8, 2004, Vol. 69, No. 173, at Pages 54299 - 54300. Location: U.S. Coast Guard Headquarters, 2100 Second Street, SW.

9:30 AM. Black Box Voting, a group opposed to the use of technology in tabulating votes in elections, will hold a press conference. For more information, contact Vickie Karp at 512 775-3737. Location: Zenger Room, National Press Club, 529 14th St. NW, 13th Floor.

10:00 AM. The House Commerce Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Problems with the E-rate Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our Nation's Schools to the Internet". This is the third in a series of hearings. Press contact: Larry Neal at 202 225-5735. See, notice. This hearing will be webcast by the Committee. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing titled "A Review of Counter-Terrorism Legislation and Proposals, including the USA PATRIOT Act and the SAFE Act". The USA PATRIOT Act is the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". It was passed by the 107th Congress as HR 3162. It became Public Law 107-56 on October 26, 2001. The SAFE Act is S 1709, the "Security and Freedom Ensured Act of 2003". It was introduced by Sen. Larry Craig (R-ID), Sen. Dick Durbin (D-IL), and others on October 2, 2003. See, story titled "Senators Craig and Durbin Introduce Bill to Modify PATRIOT Act" in TLJ Daily E-Mail Alert No. 753, October 6, 2003. The witnesses will be Sen. Craig, Sen. Durbin, former Rep. Bob Barr (R-GA), James Comey (Deputy Attorney General), and Daniel Collins (Munger Tolles & Olson). Sen. Orrin Hatch (R-UT) will preside. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

10:00 AM. Federal Trade Commission (FTC) Administrative Law Judge Stephen McGuire will hear oral argument in In Re Rambus Incorporated, Docket No. 9302. Location: Room 532, FTC main building, 600 Pennsylvania Ave., NW.

12:00 NOON - 1:30 PM. The DC Bar Association's Law Practice Management Section will host a presentation titled "50 Hot Technology Tips And Web Sites: What Lawyers Should Know". The speaker will be Reid Trautz (DC Bar Lawyer Practice Assistance Program). See, notice. Prices vary from $15 to $25. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "Universal Service Fund: A Primer". The speakers will be Paul Garnett (CTIA), Tina Pidgeon (GCI), Dan Mitchell (NTCA), Tom Buckley (FCC), and Eric Einhorn (SBC). For more information, contact Jason Friedrich at or Pam Slipakoff at Location: Drinker Biddle & Reath,1500 K Street NW, 11th floor.

1:30 - 3:30 PM. The World Radiocommunication Conference (WRC-07) Advisory Committee's Informal Working Group 2: Satellite Services and HAPS will meet. See, notice [PDF] Location: Leventhal Senter & Lerman, 2000 K Street, NW, 7th Floor.

2:00 PM. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "Information Security". Federal Trade Commission (FTC) Commissioner Orson Swindle will testify. Location: Room 2167, Rayburn Building.

3:30 PM. The Senate Judiciary Committee will hold a hearing on judicial nominations, including that of Christopher Boyko to be a Judge of the U.S. District Court for the Northern District of Ohio. Sen. Mike DeWine (R-OH) will preside. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

4:00 - 5:30 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "International Trade Policy and the 2004 Presidential Campaign". The speakers will be Grant Aldonas (Under Secretary for International Trade at the Department of Commerce) and Lael Brainard (Brookings Institution). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 PM. Reception (6:00 PM) and dinner (7:00 PM) associated with the Federal Trade Commission's (FTC) conference titled "90th Anniversary Symposium". The dinner speaker will be Judge Richard Posner. See, agenda. Location: JW Marriott Hotel, 1331 Pennsylvania Ave., NW.

Thursday, September 23

The House and Senate will hold a joint meeting at 10:00 AM to receive Ayad Allawi, the Interim Prime Minister of Iraq. See, Republican Whip Notice.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "90th Anniversary Symposium". See, agenda. Location: FTC, 601 New Jersey Ave., NW.

9:00 AM. The Senate Judiciary Committee will hold an executive business meeting. Sen. Orrin Hatch (R-UT) will preside. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

9:00 AM - 4:00 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Committee on Technology's Interagency Working Group on Information Technology Research & Development (ITR&D) will hold a meeting that is closed to the public. For more information, contact Virginia Moore at or 703 292-4873. Location: National Science Foundation (NSF), 4201 Wilson Blvd.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will hold a meeting. The agenda includes E911 issues. FCC Chairman Michael Powell is scheduled to participate. See, notice and agenda [PDF] and notice in the Federal Register, September 1, 2004, Vol. 69, No. 169, at Page 53446. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

10:00 AM. The House Education and Workforce Committee's Subcommittee on 21st Century Competitiveness will hold a hearing titled "Are Current Safeguards Protecting Taxpayers Against Diploma Mills". The hearing will be webcast by the Committee. Location: Room 2175, Rayburn Building.

TIME? The Trade Policy Staff Committee (TPSC) and the Office of the U.S. Trade Representative (USTR) will hold a public hearing to assist the USTR in preparing its annual report to the Congress on China's compliance with the commitments that it made in connection with its accession to the World Trade Organization (WTO). Persons wishing to testify orally at the hearing must provide written notification and a copy of their written testimony by 12:00 NOON on September 10, 2004. Written comments are due by 12:00 NOON on September 15, 2004. See, notice in the Federal Register, July 29, 2004, Vol. 69, No. 145, at Pages 45369 - 45370. Location: ?

12:30 PM. The Federal Communications Bar Association (FCBA) will host a luncheon. The speaker will be Michael Gallagher, Director of the National Telecommunications and Information Administration (NTIA). Prices to attend vary. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on September 20. Location: J.W. Marriot Hotel, 1331 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its further notice of proposed rulemaking (FNPRM) to determine whether mobile satellite service (MSS) operators using different technologies could share additional spectrum in the 1610-1626.5 MHz band (L-band). This FNPRM is FCC 04-134 in IB Docket No. 02-364 and ET Docket No. 00-258. See, notice in the Federal Register, August 9, 2004, Vol. 69, No. 152, at Pages 48192 - 48194.

Friday, September 24

The House will meet at 9:00 AM. See, Republican Whip Notice.

10:00 AM -12:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) will host a tutorial titled "Optical Network Interoperability". Location: FCC, Commission Meeting Room (TWC-305), 445 12th Street, SW.

Saturday, September 25

Yom Kippur.

Monday, September 27

The Supreme Court will hold the opening conference of the October 2004 Term. This is not open to the public.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in EMR Network v. FCC, No. 03-1336. This is a petition for review of a final order of the Federal Communications Commission (FCC) promulgating regulations designed to protect individuals from exposure to potentially harmful levels of radiofrequency (RF) radiation. See, FCC brief [PDF]. Judges Edwards, Garland and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR NOVEMBER 10. 10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, notice in the Federal Register, July 6, 2004, Vol. 69, No. 128, at Pages 40637 - 40638. Location: FCC, 445 12th Street, SW., Room TW-C305. See, FCC notice of rescheduling.

6:00 - 9:15 PM. The DC Bar Association's Intellectual Property Law Section and Litigation Section will host a continuing legal education (CLE) program titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be David Sellinger (Venable), Clifton McCann (Venable), and Charles Fish (AOL Time Warner). See, notice. Prices vary. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

Deadline to submit reply comments to the Federal Communications Commission FCC) in response to its notice of proposed rulemaking (NPRM) [11 pages in PDF] that proposes to require that television and radio broadcasters retain program recordings for a period of time for purposes of enforcing the statutory prohibition, codified at 18 U.S.C. § 1464, against obscene, indecent, or profane programming. This NPRM is FCC 04-145 MM Docket No. 04-232. See, story titled "FCC Proposes That Broadcasters Retain Recordings To Facilitate Enforcement of Smut Ban" in TLJ Daily E-Mail Alert No. 933, July 8, 2004. See, notice in the Federal Register, July 30, 2004, Vol. 69, No. 146, at Pages 45665 - 45668.

Tuesday, September 28

8:30 AM. The Department of Defense's (DOD) Advisory Group on Electron Devices (AGED) will hold a meeting that is closed to the public. The agenda includes discussion of microwave technology, microelectronics, electro-optics, and electronics materials. The AGED provides advice to the Under Secretary of Defense for Acquisition, Technology and Logistics, the Director of Defense Research and Engineering, and the Director of the Defense Advanced Research Projects Agency (DARPA). See, notice in the Federal Register, September 7, 2004, Vol. 69, No. 172, at Pages 54137 - 54138. Location: Palisades Institute for Research Services, 241 18th Street, Crystal Square 4, Suite 500, Arlington, VA.

Wednesday, September 29

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold a meeting on common carriers issues and proceedings. Jeffrey Carlisle (acting Bureau Chief of the FCC's Wireline Communications Bureau), Carol Mattey (Deputy Bureau Chief of the FCC's WCB), and Jane Jackson (Deputy Bureau Chief of the FCC's WCB) will preside. The agenda is "Common carrier ``hot topics´´ and upcoming FCC proceedings". RSVP to Monica Desai at or 202 418-7419 by Monday, September 27. The Federal Communications Bar Association (FCBA) states in its web site that this is a brown bag lunch hosted by its Common Carrier Practice Committee. Location: FCC, 8th floor, Conference Room No. 5.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] requesting interested parties to provide comments on the Multi-band OFDM Alliance Special Interest Group's (MBOASIG) request for a waiver of Part 15 of the FCC's rules regarding ultra-wideband (UWB) systems that employ multi-band orthogonal frequency division multiplexed (MBOFDM) modulation techniques.

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