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November 3, 2004, 9:00 AM ET, Alert No. 1,010.
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Summary of the Senate Elections

11/2. Going into the election, there were 51 Republicans and 48 Democrats, and Sen. James Jeffords (VT), who voted with Democrats for organizational purposes.

At the start of the 109th Congress, there will be at least 53 Republicans, and probably 55, depending on the outcome of close races. Senate Republicans retained control of the Senate, and slightly expanded their margin.

There will be no major reorganization of committee membership and chairs. However, because Senate Republicans have a six year term limit on chairmanships, there will be some new committee chairmen.

Also, Sen. Ernest Hollings (D-SC) is retiring. He currently holds three technology related positions -- ranking Democrat on the Senate Commerce Committee, ranking Democrat on the Communications Subcommittee, and ranking Democrat on the Senate Appropriations Committee's Subcommittee on Commerce, Justice, State and the Judiciary (CJS).

Also, Sen. Tom Daschle (D-SD), the Senate Minority Leader, lost. However, while Senate Republicans expanded their majority, and defeated the chief obstructionist of the Republican and Bush administration agenda, the Republicans still lack the 60 votes needed to cut off a Democratic filibuster.

Senate Commerce Committee.

Sen. Ted StevensSen. John McCain (R-AZ), the current Chairman of the Senate Commerce Committee, won re-election with 77% of the vote. However, under Republican party rules regarding term limits of committee Chairman, he will not remain as Chairman of the Commerce Committee in the 109th Congress. Sen. Ted Stevens (R-AK) (at right), who is term limited from continuing as Chairman of the Senate Appropriations Committee, will likely become the Chairman of the Commerce Committee in January of 2005.

Sen. Ernest Hollings (D-SC), the ranking Democrat on the Committee, is retiring. Sen. Daniel Inouye (D-HI), who won re-election with 75% of the vote, will likely become the ranking Democrat.

Sen. John Breaux (D-LA) is also retiring. His seat was won by Rep. David Vitter (R-LA), who currently represents a News Orleans suburban district in the House.

Sen. Peter Fitzgerald (R-IL) is also retiring. He is a member of the full Committee and the Communications Subcommittee. Democrat Barrack Obama easily defeated Republican Alan Keyes for this open seat.

Other Committee members won re-election. Sen. Sam Brownback (R-KS) won re-election with 69% of the vote in Kansas. Sen. Barbara Boxer (D-CA), won re-election in California. She defeated Republican Bill Jones with 58% of the vote.

Sen. John Kerry (D-MA) will be back. He has been all but absent from Senate proceedings for over a year. He did not give up his Senate seat to run for President.

Sen. Byron Dorgan (D-ND) won re-election with 68% of the vote. Sen. Ron Wyden (D-OR), a leading proponent of extending the ban on internet taxes, won re-election with 64% of the vote.

Senate Judiciary Committee.

Sen. Arlen SpecterSen. Orrin Hatch (R-UT), the current Chairman of the Senate Judiciary Committee, did not face an election. However, he will relinquish Chairmanship because of term limits. The new Chairman will likely be Sen. Arlen Specter (R-PA) (at right). He won re-election by defeating Rep. Joseph Hoeffel (D-PA) with 53% of the vote.

Sen. Charles Grassley (R-IA), who has more seniority than Sen. Specter, won re-election. However, he will retain his Chairmanship of the Senate Finance Committee.

Sen. Patrick Leahy (D-VT), the ranking Democrat, won re-election with 70% of the vote in Vermont. Sen. Charles Schumer (D-NY) won re-election in New York.

Sen. Russ Feingold (D-WI) defeated Republican Tim Nichols in Wisconsin. He will likely continue his debate with Attorney General John Ashcroft and President Bush over extension of several provisions of the USA PATRIOT Act.

Sen. John Edwards (D-NC) did not run for re-election. Rep. Richard Burr (R-NC) defeated Erskine Bowles with 52% of the vote to take his seat.

Sen. Joe Biden (D-DE) was not up for re-election. However, had Sen. Kerry won, Sen. Biden might have been named Secretary of State. Sen. Biden is a proponent of protecting intellectual property rights of entertainment and software industries internationally.

Senate Finance Committee.

The Senate Finance Committee, which also has jurisdiction over certain trade matters, now has several openings.

Sen. Charles Grassley (R-IA), the Chairman, won re-election. Sen. Max Baucus (D-MT), the ranking Democrat, was not up for re-election.

However, Sen. John Breaux (D-LA), Sen. Don Nichols (R-OK), and Sen. Bob Graham (D-FL) are retiring, and Sen. Tom Daschle (D-SD) lost his race for re-election. Sen. Jim Bunning (R-KY) won his race in Kentucky.

Sen. Mike Crapo (R-ID) is next in line on Republican side for appointment to this Committee, based upon seniority.

More State By State Senate Results.

Alabama. Sen. Richard Shelby (R-AL) easily won re-election.

Alaska. Sen. Lisa Murkowski (R-AK) defeated Democrat Tony Knowles in a close race. Sen. Murkowski does not serve on any of the committees that regularly deal with technology related issues. Nor has she been involved in tech related issues. However, she did introduce S 1552 [21 pages in PDF], the "Protecting the Rights of Individuals Act", or PRI Act, last year, a bill that would roll back some of the changes made by the USA PATRIOT Act.

Arkansas. Sen. Blanche Lincoln (D-AR) won re-election.

Colorado. Sen. Ben Campbell (R-CO) is retiring. Democrat Ken Salazar narrowly defeated Republican Peter Coors.

Connecticut. Sen. Chris Dodd (D-CT) won overwhelmingly.

Florida. Sen. Bob Graham (D-FL) is retiring. Republican Mel Martinez appears to have narrowly defeated Democrat Betty Castor.

Georgia. Sen. Zell Miller (D-GA) did not run for re-election. Rep. Johnny Isackson (R-GA) easily defeated Rep. Denise Majette (D-GA) for this open seat. Nominally, this Senate seat switched from a Democrat to a Republican. However, Sen. Miller frequently voted with Republicans on roll call votes that broke down along party lines.

Idaho. Sen. Mike Crapo (R-ID) won with 99% of the vote.

Indiana. Sen. Evan Bayh (D-IN) won with 62% of the vote.

Illinois. Sen. Peter Fitzgerald (R-IL) is retiring. Democrat Barack Obama easily defeated Republican Alan Keyes

Maryland. Sen. Barbara Mikulski (D-MD) won re-election with 65% of the vote.

Missouri. Sen. Kit Bond (R-MO) won re-election.

Nevada. Sen. Harry Reid (D-NV) won re-election with 61% of the vote.

New Hampshire. Sen. Judd Gregg (R-NH) won with 66% of the vote.

Ohio. Sen. George Voinovich (R-OH) won re-election with 64% of the vote.

Oklahoma. Sen. Don Nickles (R-OK) is retiring. Former Rep. Tom Coburn lost to Democratic Rep. Brad Carson (D-OK).

Washington. Sen. Patty Murray (D-WA) won re-election, defeating Rep. George Nethercutt (R-WA) with 55% of the vote.

Summary of the House Elections

11/2. Going into this election there were 227 Republicans, 205 Democrats, and one independent (Rep. Bernie Sanders of Vermont, who votes as a Democrat for organizational purposes). There were 2 vacancies, created by the recent resignations of Rep. Porter Goss (R-FL) and Rep. Doug Bereuter (R-NE). Also, Rep. Rodney Alexander (R-LA) switched parties in August.

At the start of the 109th Congress, there will be 231 Republicans, 203 Democrats, and Bernie Sanders. Thus, the Republicans retained control of the House, and slightly increased their margin.

Rep. Phil CraneAlso, a few key members were defeated. Rep. Phil Crane (R-IL) (at left), the Chairman of the House Ways and Means Committee's Trade Subcommittee, lost. Rep. Martin Frost (D-TX), the ranking Democrat on the Rules Committee, lost, after redistricting placed him in the same district as Rep. Pete Sessions (R-TX).

House Commerce Committee.

Rep. Billy Tauzin (R-LA) is retiring. He resigned his committee chairmanship early this year. Rep. Joe Barton (R-TX), the current Chairman of the House Commerce Committee, won re-election with 66 % of the vote. The ranking Democrat, Rep. John Dingell (D-MI), won with 71%.

Rep. Jim Greenwood (R-PA) is retiring. He was the Chairman of the Subcommittee on Oversight and Investigations. He presided over investigations into waste, fraud and abuse in the Federal Communications Commission's (FCC) e-rate subsidy program for schools and libraries. Also, Rep. Greenwood and Rep. Tauzin were two of the strongest supporters on the Commerce Committee of legislation to create a quasi intellectual property right in collections of data.

Rep. Peter Deutsch (D-FL) did not run for re-election. Democrat Debbie Schultz won his seat. Rep. Deutsch sits on both the Telecom and Consumer Protection Subcommittees.

Rep. Chris John (D-LA) did not run for re-election in Louisiana's 7th District. He lost a bid to become a Senator.

Rep. Heather WilsonRep. Heather Wilson (R-NM) (at right), who is always targeted for defeat, beat Democrat Richard Romero in the New Mexico 1st District. She has been an active proponent of anti-spam legislation. She is also a member of the Telecom Subcommittee.

Rep. Richard Burr (R-NC) did not run for re-election to the House. He ran for the Senate seat being vacated by Sen. John Edwards (D-NC), and won.

Rep. Karen McCarthy (D-MO) is retiring.

Hence, there will be several vacancies on the Committee to be filled in January of 2005 when the 109th Congress meets.

Rep. Ralph Hall (R-TX), who switched parties in January, and retained his Commerce Committee membership, won easily as a Republican. Other Democrats in Texas did not fare so well following redrawing of district boundaries by Texas Republicans.

Rep. Fred Upton (R-MI), the Chairman of the Subcommittee on Telecommunications and the Internet, won easily in the Michigan 6th District. Rep. Cliff Stearns (R-FL) won easily in the Florida 6th District. Rep. Ed Markey (D-MA) won in Massachusetts.

Rep. Chris Cox (R-CA), a leading proponent of extending the internet tax ban, and opponent of internet regulation, won in California. He is a member of the Telecom Subcommittee. Rep. Butch Otter (R-ID) won re-election easily in Idaho. He has opposed the Bush administration on media ownership, as well as on PATRIOT Act extensions. Rep. Barbara Cubin (R-WY), who is a member of the House Commerce Committee, and its Telecom Subcommittee, narrowly won re-election in Wyoming.

House Judiciary Committee.

Democrats and liberals worked hard to defeat many Republicans on the House Judiciary Committee in 2000, in retaliation for their role in the impeachment of former President Bill Clinton. In contrast, the 2004 elections were relatively uneventful, even for the impeachment managers.

In 2000, former Rep. James Rogan (R-CA) lost to Rep. Adam Schiff (D-CA). Rogan also held a seat on the Courts the Internet and Intellectual Property Subcommittee (CIIP), where he worked to protect the intellectual property rights of the California entertainment and technology industries. Rep. Schiff was assigned to the House Judiciary Committee, and its CIIP Subcommittee, where he too has worked to protect the intellectual property rights of the California entertainment and technology industries. Rep. Schiff won re-election with 65% of the vote.

Rep. Lamar Smith (R-TX), Chairman of the CIIP Subcommittee, and Rep. Howard Berman (D-CA), the ranking Democrat on the CIIP Subcommittee, both won easily. Technophiles Rep. Rick Boucher (D-VA), Rep. Bob Goodlatte (R-VA), and Rep. Zoe Lofgren (D-CA), all of whom are members of the CIIP Subcommittee, won easily.

Historically, members have left the House Judiciary Committee for more preferred committee assignments.

House Ways and Means Committee.

The House Ways and Means Committee has jurisdiction over technology related tax and trade issues. For example, bills pertaining to permanent normal trade relations (PNTR) for China, granting the President trade promotion authority (TPA), and approval of free trade agreements (FTAs), have gone through this Committee.

Notably, the 2004 election saw the loss or retirement of numerous members, including several key free trade proponents.

Rep. Phil Crane (R-IL), the Chairman of the House Ways and Means Committee's Trade Subcommittee, narrowly lost to Democrat Melissa Bean in the Illinois 8th District.

Rep. Amo Haughton (R-NY), a member of the Trade Subcommittee, is retiring. Rep. Jennifer Dunn (R-WA), whose Washington District is home to many Microsoft workers, is retiring. She too is a member of the Trade Subcommittee, and a leading free trade advocate.

With the departure of Rep. Crane, Rep. Houghton and Rep. Dunn, Rep. Clay Shaw is the Republican with the most seniority on the Trade Subcommittee. He is currently the Chairman of the Social Security Subcommittee. Next in seniority is Rep. Dave Camp (R-MI). Both Rep. Shaw and Rep. Camp won re-election.

Other members or the Ways and Means Committee are retiring. Rep. Scott McGinnis (R-CO) is retiring. Rep. Jerry Klezka (D-WI) is retiring. There are now many seats to be filled.

Rules Committee

Former Rep. Porter Goss (R-FL) was a member of the House Rules Committee, and Chairman of Intelligence Committee. He resigned to become Director of the Central Intelligence Agency (CIA).

Rep. Martin Frost (D-TX), the ranking Democrat on the Rules Committee, lost to Rep. Pete Sessions (R-TX), a Republican member of the Rules Committee.

Rep. David Dreier (R-CA), the Chairman of the Committee, coasted to victory over Democrat Cynthia Matthews in the 26th District.

Texas Redistricting Massacre.

Texas Republicans redrew district boundaries to favor Republican candidates. Previously, Texas Democrats had drawn district boundaries to favor Democrats. The Republican redistricting was a success.

Incumbent Rep. Pete Sessions (R-TX) beat incumbent Rep. Martin Frost (D-TX) in the new 32nd District.

Republican Ted Poe defeated incumbent Rep. Nick Lampson (D-TX) in the new 2nd District.

Incumbent Rep. Randy Neugebauer (R-TX) easily defeated Rep. Charles Stenholm (D-TX) in the new 19th District.

Republican Louis Gohmert easily beat Rep. Max Sandlin (D-TX) in the new 1st District.

Also, Rep. Ralph Hall (R-TX) switched to the Republican party in January of 2004, and Rep. Jim Turner (D-TX), the ranking Democrat on the House Homeland Security Committee, did not run for re-election.

However, Rep. Chet Edwards (D-TX) narrowly held off Republican challenger Arlene Wohlgemuth in the new 17th District.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, November 3

The House is in recess until November 16, 2004. See, Republican Whip Notice.

The Senate is in recess until November 16, 2004.

Rescheduled date for the Federal Communications Commission's (FCC) Auction No. 37, pertaining to FM broadcast construction permits. See, notice in the Federal Register, July 16, 2004, Vol. 69, No. 136, at Pages 42729 - 42742.

9:30 - 11:30 AM. Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 4, Broadcasting and Amateur Issues, will meet. See, FCC notice [PDF]. Location: Shaw Pittman, 2300 N St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel G, will hear oral argument in Purdue Pharmaceutical v. Endo Pharmaceutical (No. 04-1189) and Transonic Systems v. Fresenius USA (No. 04-1439). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel H, will hear oral argument in Anheuser Busch v. Crown Cork & Seal (No. 04-1185). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Intercarrier Compensation Reform -- Where Is It Headed?". The speakers will be Steve Morris (Deputy Division Chief of the FCC's Wireline Competition Bureau's Pricing Policy Division), Ken Pfister (Great Plains Communications), and Rich Rindler (Swidler Berlin), and others. RSVP to Cecilia Burnet at cmburnett@hhlaw.com or 202 637-8312 by October 29. Location: Hogan & Hartson, 555 13th Street, NW, Litigation Center Conference Room.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel I, will hear oral argument in Bayer AG v. Housey Pharmaceuticals (No. 04-1194). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Ten Ways to Protect Intellectual Property When Drafting E-Commerce Agreements". The speaker will be Walter Effross (American University law school). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

Thursday, November 4

RESCHEDULED FOR NOVEMBER 9. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting.

8:30 AM - 12:15 PM The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Tour of the FCC's Engineering and Technology Laboratory". The program includes transportation to and from the FCC, and lunch with FCC lab personnel in Columbia, MD. The price is $45. RSVP to Heidi Kurtz at 202-293-4000 or heidi@fcba.org. Registrations, payments and cancellations are due no later than Friday, October 29, 2004..

8:30 AM - 12:30 PM. The North American Numbering Council (NANC) will meet. See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, Room TWC305, 445 12th, SW.

8:30 - 11:30 AM. The Software and Information Industry Association (SIIA) will host a seminar titled "Software Licensing Best Practices Seminar Series: Licensing to Uncle Sam: How it Impacts Software License Agreements". See, notice. Prices vary. Location: Mintz Levin, 12010 Sunset Hills Road, Suite 900 Reston, VA.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel J, will hear oral argument in Corus Staal BV v. Commerce (No. 04-1107) and Taghulk Proprietary v. Service Corp. (No. 04-1201). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel K, will hear oral argument in Freeman v. Gerber Products (No. 04-1203). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) will hold a symposium on the effect of new technologies, such as voice over internet protocol (VOIP), on the North American Numbering System. The title of the event is "The Future of Numbering: Will New Technologies, Innovations and Services Affect Number Administration and Optimization". See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

4:00 PM. Julie Cohen (Georgetown University Law Center) will present a paper titled "Copyright, Commodification, and Culture: Locating the Public Domain" at an event hosted by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. The event is free and open to the public. See, notice. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit comments to the Department of Homeland Security's (DHS) Bureau of Customs and Border Protection (CBP) in its rulemaking proceeding regarding recordation of copyrights and enforcement procedures to prevent the importation of piratical articles. See, notice in the Federal Register, October 5, 2004, Vol. 69, No. 192, at Pages 59562 - 59569. See also, story titled "Bureau of Customs and Border Protection Conducts DMCA Rulemaking" in TLJ Daily E-Mail Alert No. 998, October 18, 2004.

Friday, November 5

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NJ TV Corp v. FCC, No. 03-1444. Judges Henderson, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel M, will hear oral argument in Junker v. Eddings (No. 04-1208), ASM America v. Genus Inc. (No. 04-1211), Mayer Berkshire v. Berkshire Fashion (No. 04-1254), and Carolina Tobacco v. Bureau of Customs (No. 04-1269). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel N, will hear oral argument in Invitrogen v. Clonetech Labs (No. 04-1039). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a luncheon. The topics will be wireless services and homeland security, CALEA, network outage reporting, and wireless priority service. The speakers will be Jeffery Goldthorp (FCC Office of Engineering and Technology), Geraldine Matise (OET), and Christopher Guttman-McCabe (CTIA). The price to attend is $15. See, registration form [PDF]. Location: Wiley Rein & Fielding, 1776 K St., NW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its out of cycle reviews of Malaysia, Poland, and Taiwan, pursuant to Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242 (also known as Special 301), which requires the USTR to identify 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. See, notice in the Federal Register, October 13, 2004, Vol. 69, No. 197, at Pages 60928 - 60929.

Deadline to submit comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to Geophysical Survey Systems, Inc.'s (GSSI) request for a waiver of Part 15 of the FCC's rules to permit the higher power operation of ultra-wideband (UWB) non-contact ground penetrating radars (GPRs). See, FCC notice [2 pages in PDF]. This is ET Docket No. 04-374.

Monday, November 8

12:00 NOON - 1:30 PM. The DC Bar Association will host a CLE program titled "Overview Of Community Trademark And Community Design Law". The speakers will be Elia Sugraņes (Oficina Sugranes, Barcelona, Spain) and Daan Teeuwissen (Knijff Weesp, The Netherlands). See, notice. Prices vary from $15-$20. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Law Journal Committee will meet to discuss the Federal Communications Law Journal. Lunch will be served. RSVP to jamison.prime@fcc.gov by Wednesday, November 3. Location: Conference Room 13170E (13th Floor), Wilmer Cutler, 1801 Pennsylvania Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. The agenda includes planning for future lunches and CLE sessions. RSVP to Howard Liberman at hliberman@dbr.com. Location: Drinker Biddle & Reath, 1500 K Street, NW, 11th Floor.

12:30 - 2:00 PM. The DC Bar Association's Computer Law Section and Telecommunications Law Section will host a panel discussion titled "Technology Companies And Telecom: The View From The Outside ... For Now". The speakers will be Jonathan Askin (General Counsel, pulver.com), Paula Boyd (Microsoft), Elizabeth Banker (Yahoo), Peter Pitsch (Intel), Jonathan Frankel (Wilmer Cutler & Pickering), and Julie Veach (FCC). See, notice. Prices vary from $15-$30. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Litigate an Intellectual Property Case Series, Part 1: How to Litigate a Copyright Case". The speaker will be Kenneth Kaufman (Skadden Arps). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Declaratory Ruling (NPRM & DR) [100 pages in PDF] regarding imposing Communications Assistance for Law Enforcement Act (CALEA) obligations upon broadband internet access services and voice over internet protocol (VOIP). This NPRM is FCC 04-187 in ET Docket No. 04-295. The FCC adopted this NPRM at its August 4, 2004 meeting, and released it on August 9. See, story titled "Summary of the FCC's CALEA NPRM" in TLJ Daily E-Mail Alert No. 960, August 17, 2004. See, notice in the Federal Register, September 23, 2004, Vol. 69, No. 184, Pages 56976 - 56987.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding its proposal to eliminate paper filings and require applicants to file electronically filings related to international telecommunications services. This NPRM is FCC 04-133 in IB Docket No.04-226. See, notice in the Federal Register, August 9, 2004, Vol. 69, No. 152, at Pages 48188 - 48192.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding amendments to FCC rules to permit VHF public coast (VPC) and automated maritime telecommunications system (AMTS) licensees to provide private mobile radio service to units on land. This NPRM is FCC 04-171 in WT Docket No. 04-257 and RM-10743. See, notice in the Federal Register, August 10, 2004, Vol. 69, No. 153, at Pages 48440 - 48443.

Extended extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its public notices (DA 04-1690, DA 04-1758, and DA (04-2906) requesting public comments on constitutionally permissible ways for the FCC to identify and eliminate market entry barriers for small telecommunications businesses and to further opportunities in the allocation of spectrum based services for small businesses and businesses owned by women and minorities. This proceeding is MB Docket No. 04-228. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55630 - 55631.

Tuesday, November 9

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 U.S. Court of Appeals (DCCir) will hear oral argument in James A. Kay v. FCC, No. 04-1014. Judges Edwards, Henderson and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Department of Homeland Security's (DHS) Telecommunications Service Priority (TSP) System Oversight Committee will hold a meeting. See, notice in the Federal Register, October 8, 2004, Vol. 69, No. 195, at Page 60415. Location: NCS, 2nd floor conference room, 701 South Courthouse Road, Arlington, VA.

RESCHEDULED FOR NOVEMBER 10. 12:15 PM. The Federal Communications Bar Association (FCBA) Mass Media Practice Committee will host a brown bag lunch.

8:30 AM - 5:30 PM. Day one of a two day event hosted by the Federal Trade Commission (FTC) and the National Institute of Standards and Technology (NIST) titled "Email Authentication Summit". The FTC's interest in this issue is dealing with spam and fraudulent e-mail. The Simple Mail Transfer Protocol (SMTP) for the email system allows information to travel freely with relative anonymity and ease, thereby enabling cheap bulk unsolicited distribution, and fraud. The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. Written comments are due by September 30, 2004. Written requests to participate are due by September 30, 2004. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636. Location: FTC Satellite Building, 601 New Jersey Ave., NW.

Wednesday, November 10

8:30 AM - 5:30 PM. Day two of a two day event hosted by the Federal Trade Commission (FTC) and the National Institute of Standards and Technology (NIST) titled "Email Authentication Summit". The purpose of this summit is to encourage the development, testing, evaluation and implementation of domain level authentication systems. See, notice in the Federal Register, September 15, 2004, Vol. 69, No. 178, at Pages 55632 - 55636. Location: FTC Satellite Building, 601 New Jersey Ave., NW.

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, original notice in the Federal Register, July 6, 2004, Vol. 69, No. 128, at Pages 40637 - 40638, and rescheduling notice in the Federal Register, August 10, 2004, Vol. 69, No. 153, at Pages 48493. See also, FCC notice of rescheduling to November 10. Location: FCC, 445 12th Street, SW., Room TW-C305.

12:00 NOON. The Cato Institute will host a discussion of the book titled Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process [Amazon]. The speakers will be Robert Levy (author), Walter Olson (Manhattan Institute), and Edward Crane (Cato). See, notice and registration page. Lunch will follow the program. Location: 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Foundation Board of Trustees will meet. Location: Wiley Rein & Fielding, 1776 K St., NW.

12:15 PM. The Federal Communications Bar Association (FCBA) Access to Records and Mass Media Practice Committees will host a brown bag lunch. Renee Licht (FCC's Office of Managing Director), Mark Reger (FCC Chief Financial Officer), and other FCC personnel will discuss the Debt Collection Improvement Act of 1996 and the FCC's red light rule. RSVP to Rebecca Cunningham at rcunningham@lsl-law.com. Location: NAB, 1771 N St. NW.

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