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January 10, 2005, 9:00 AM ET, Alert No. 1,052.
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FCC Announces Agenda for January 13 Meeting

1/6. The Federal Communications Commission (FCC) announced the agenda [PDF] for its meeting of January 13, 2005. This will be the annual meeting on the state of the FCC. The FCC's agenda does not include any votes on initiating proceedings, or adopting rules. Rather, there will be four panel presentations by FCC staff.

First, there will be a panel presentation by the Chief of the Office of Strategic Planning and Policy Analysis (OSP), and by the Managing Director of the OSP.

Second, there will be a panel presentation by the Chief of the Wireless Telecommunications Bureau, the Chief of the Office of Engineering and Technology (OET), Ed Thomas, and the Chief of the International Bureau (IB), Donald Abelson.

Third, there will be a panel presentation Chief of the Consumer & Governmental Affairs Bureau, Dane Snowden, the Director of the Office of Workplace Diversity, Barbara Douglas, and the Chief of the Enforcement Bureau (EB), David Solomon.

Finally, there will be a panel presentation by the Chief of the Media Bureau, Ken Ferree, the General Counsel of the FCC, John Rogovin, and the Chief of the Wireline Competition Bureau (WCB), Jeffrey Carlisle.

This event will be held at 9:30 AM on Thursday, January 13, 2005 in the Commission Meeting Room, Room TW-C305, 445 12th Street, SW. The event will be webcast by the FCC. The FCC does not always take up all of the items on its agenda. The FCC does not always start its monthly meetings at the scheduled time. The FCC rarely releases the items that it adopts, until long after its meetings.

Republicans Named to House Commerce Committee

1/6. The House approved HRes 32 which includes a preliminary list of Republicans assigned to the House Commerce Committee.

The listed Republican members are Joe Barton (R-TX), who is also the Chairman, Ralph Hall (R-TX), Michael Bilirakis (R-FL), Fred Upton (R-MI), Cliff Stearns (R-FL), Paul Gillmor (R-OH), Nathan Deal (R-GA), Edward Whitfield (R-KY), Barbara Cubin (R-WY), John Shimkus (R-IL), Heather Wilson (R-NM), Chip Pickering (R-MS), Vito Fossella (R-NY), Roy Blunt (R-MO), Steve Buyer (R-IN), George Radanovich (R-CA), Charles Bass (R-NH), Joseph Pitts (R-PA), Mary Bono (R-CA), Greg Walden (R-OR), Lee Terry (R-NE), Michael Ferguson (R-NJ), Mike Rogers (R-MI), Butch Otter (R-ID), Sue Myrick (R-NC), John Sullivan (R-OK), Tim Murphy (R-PA), Michael Burgess (R-TX), and Marsha Blackburn (R-TN).

The new Republican members are Myrick, Sullivan, Murphy, Burgess, and Blackburn.

The Republican members who served on the Committee during the 108th Congress who are not listed as members of the Committee for the 109th Congress are Billy Tauzin (R-LA), James Greenwood (R-PA), Richard Burr (R-NC), Charles Norwood (R-GA), Chris Cox (R-CA), John Shadegg (R-AZ), and Ernie Fletcher (R-KY).

Rep. Tauzin and Rep. Greenwood both retired. Burr won election to the Senate. Fletcher was elected to the office of Governor of Kentucky.

Rep. Cox was re-elected to the House. He is also the Chairman of the House Homeland Security Committee, which was just upgraded from being a select committee to a permanent committee. See, release. He cannot serve as both a committee chairman and as member of an A committee. However, at the end of his Chairmanship he can return to the House Commerce Committee. Also, he continues to accrue seniority on the Committee.

Rep. Shadegg won re-election in November. He is running for a position in the House Republican leadership -- Chairman of the House Republican Policy Committee. House members took the oath of office on Tuesday, January 4. He was not sworn in until Thursday, January 6. He expects to be renamed to the Commerce Committee.

Norwood, who received lung transplant in October, was re-elected. Norwood was not sworn in until Thursday evening, January 6.

People and Appointments: Congress

1/4. Rep. Denny Hastert (R-IL) was re-elected Speaker of the House of Representatives. Rep. Tom DeLay (R-TX) was again selected as the Majority Leader, and Rep. Nancy Pelosi (D-CA) was again selected to be the Minority Leader. Rep. Roy Blunt (R-MO) will again be the Majority Whip, and Rep. Steny Hoyer (D-MD) will again be the Minority Whip.

1/4. The House approved HRes 6, which names Rep. David Dreier (R-CA) as the Chairman of the House Rules Committee. The other Republican members of the Committee are Rep. Lincoln Diaz-Balart (R-FL), Rep. Doc Hastings (R-WA), Rep. Pete Sessions (R-TX), Rep. Adam Putnam (R-FL), Rep. Shelley Capito (R-WV), and Rep. Rob Bishop (R-UT).

1/6. The House approved HRes 32 and HRes 33, which name the Chairmen and ranking Democrats of House committees. Rep. Joe Barton (R-TX) and Rep. John Dingell (D-MI) return as Chairman and ranking Democrat on the House Commerce Committee. Rep. James Sensenbrenner (R-WI) and Rep. John Conyers (D-MI) return as the Chairman and ranking Democrat on the House Judiciary Committee. Rep. Chris Cox (R-CA) returns as Chairman of the House Homeland Security Committee. The new ranking Democrat of the Committee is Rep. Bennie Thompson (D-MS). He replaces Jim Turner (D-TX). Rep. Mike Oxley (R-OH) and Rep. Barney Frank (D-MA) return as the Chairman and ranking Democrat on the House Financial Service Committee. Rep. Bill Thomas (R-CA) and Rep. Charles Rangel (D-NY) return as the Chairman and ranking Democrat on the House Ways and Means Committee. Sherwood Boehlert (R-NY) and Rep. Bart Gordon (D-TN) return as the Chairman and ranking Democrat on the House Science Committee. Rep. Tom Davis (R-VA) and Rep. Henry Waxman (D-CA) return as the Chairman and ranking Democrat of the House Government Reform Committee.

1/6. The Senate approved SRes 5, and SRes 6, which make Republican and Democratic appointments to committees. The Senate Judiciary Committee's Republican members are Arlen Specter (R-PA), who is also the Chairman, Orrin Hatch (R-UT), Charles Grassley (R-IA), Jon Kyl (R-AZ), Mike DeWine (R-OH), Jeff Sessions (R-AL), Lindsey Graham (R-SC), John Cornyn (R-TX), Sam Brownback (R-KS), and Tom Coburn (R-OK). The Democratic members are Patrick Leahy (D-VT), who is also the ranking member, Ted Kennedy (D-MA), Joe Biden (D-DE), Herb Kohl (D-WI), Dianne Feinstein (D-CA), Russ Feingold (D-WI), Charles Schumer (D-NY), and Richard Durbin (D-IL). The new members are Brownback (although he was a member prior to the 108th Congress) and Coburn. The departing members are Saxby Chambliss (R-GA) and John Edwards (D-SC).

1/6. The Senate approved SRes 5, and SRes 6, which make Republican and Democratic appointments to committees. The Senate Finance Committee's Republican members are Charles Grassley (R-IA), who is also the Chairman, Orrin Hatch (R-UT), Trent Lott (R-MS), Olympia Snowe (R-ME), Jon Kyl (R-AZ), Craig Thomas (R-WY), Rick Santorum (R-PA), Bill Frist (R-TN), Gordon Smith (R-OR), Jim Bunning (R-KY), and Mike Crapo (R-ID). Its Democratic members are Max Baucus (D-MT), who is also the ranking member, Jay Rockefeller (D-WV), Kent Conrad (D-ND), James Jeffords (I-VT), Jeff Bingamon (D-NM), John Kerry (D-MA), Blanche Lincoln (D-AR), Ron Wyden (D-OR), and Charles Schumer (D-NY). Senators Crapo, Wyden and Schumer are new members for the 109th Congress. The departing members are Don Nickles (R-OK), Tom Daschle (D-SD), John Breaux (D-LA), and Bob Graham (D-FL).

1/6. The Senate approved SRes 5, and SRes 6, which make Republican and Democratic appointments to committees. The Senate Commerce Committee Republican members are Ted Stevens (R-AK), who is also the Chairman, John McCain (R-AZ), Conrad Burns (R-MT), Trent Lott (R-MS), Kay Hutchison (R-TX), Olympia Snowe (R-ME), Gordon Smith (R-OR), John Ensign (R-NV), George Allen (R-VA), John Sununu (R-NH), Jim DeMint (R-SC) and David Vitter (R-LA). The Democratic members are Daniel Inouye (D-HI), who is also the ranking member, Jay Rockefeller (D-WV), Byron Dorgan (D-ND), Barbara Boxer (D-CA), Bill Nelson (D-FL), Maria Cantwell (D-WA), Frank Lautenberg (D-NJ), Ben Nelson (D-NE), and Mark Pryor (D-AR). Senators DeMint, Vitter, Ben Nelson and Pryor are new members. The members from the 108th Congress who have left the committee are Senators Wyden, Breaux, Hollings, Brownback, and Fitzgerald.

People and Appointments: Executive Branch

1/6. The House and Senate met to count electoral votes. George Bush obtained a majority of the votes for President. Dick Cheney obtained a majority of votes for Vice President.

Robert Zoellick1/7. President Bush announced his intent to nominate Robert Zoellick (at right) to be Deputy Secretary of State. He is currently the U.S. Trade Representative (USTR). See, White House release. Bush stated at a White House event that "Condi Rice and Bob Zoellick will form one of the really strong, capable foreign policy teams our country has ever had. I've known Zoellick for a long time. He's a -- he is a fine public servant. I asked him to serve as our trade minister, and he did a fantastic job. And as he departs to the State Department, upon Senate confirmation, I want to assure the American people this administration is committed to free trade. I look forward to finding a replacement for Bob Zoellick that will be able to carry on our desire to spread free trade around the world." See, transcript.

1/7. Joseph Rolla, Peggy Focarino and John Doll were named Deputy Commissioners for Patents at the U.S. Patent and Trademark Office (USPTO), effective January 21, 2005. See, USPTO release. Rolla is currently a director in Technology Center 2600 (telecommunications). He will be Deputy Commissioner for Patent Examination Policy, and will be responsible for legal policy issues related to examining patent applications. Focarino is currently a director in Technology Center 2100 (computer architecture and software). She will be Deputy Commissioner for Patent Operations, and will oversee day to day management of the patent business. Doll is a special assistant to Under Secretary Jon Dudas. He will be Deputy Commissioner for Patent Resources and Planning, and will direct information processing and technology for the patent operation.

1/6. The Senate Commerce Committee unanimously approved (ordered favorably reported) the nomination of Carlos Gutierrez to be Secretary of Commerce. The full Senate may vote on the nomination as early as January 20, 2005.

1/6. The Health, Education, Labor, and Pensions Committee approved (ordered favorably reported) the nomination of Margaret Spellings to be Secretary of Education.

1/6. The Senate Agriculture Committee approved (ordered favorably reported) the nomination of Mike Johanns to be Secretary of Agriculture.

More People and Appointments

1/4. The World Trade Organization (WTO) stated in a release that there are four nominees to succeed the current WTO Director-General, Supachai Panitchpakdi, whose term of office expires on August 31, 2005. The four are Pascal Lamy of France, who was until recently the European External Trade Commissioner, Carlos Pérez del Castillo of Uruguay, Jaya Krishna Cuttaree of Mauritius, and Luiz Felipe de Seixas Corrêa of Brazil.

EPIC Seeks Congressional Hearing and FTC Workshop on Data Products and FCRA

1/5. ChoicePoint wrote a letter to the Federal Trade Commission (FTC) and the Electronic Privacy Information Center (EPIC) in which it responded to the EPIC's letter to the FTC regarding database design, data products and the Fair Credit Reporting Act of 1970 (FCRA). The FTC has responsibility for enforcing the FCRA. The EPIC wrote back urging the Congress to hold hearings, and the FTC to conduct a workshop.

The EPIC argued in its December letter that data aggregation companies, such as ChoicePoint, are now selling data products that they assert fall outside of the protections contained in the FCRA, even though they have "similar data elements and descriptions" to FCRA covered products. The EPIC asserted that data aggregation companies, which are regulated by the FCRA, are now structuring their electronic databases, and data products, to fall outside of the scope of the FCRA, thereby threatening individual privacy, and the policy goals underlying the FCRA.

See also, story titled "EPIC Urges FTC to Open Investigation on Data Products and FCRA" in TLJ Daily E-Mail Alert No. 1,042, December 22, 2004.

ChoicePoint wrote that this "is yet another inaccurate, misdirected, and misleading attack by EPIC". It stated that "ChoicePoint fully complies with the FCRA, including the new Fair and Accurate Credit Transactions Act (FACTA), where they apply to our products and services."

It continued that the EPIC's "charge that the FCRA is inappropriately narrow is simply a disagreement on the public policy choices made by Congress and state legislatures. As you know, Congress clearly intended to limit the scope of the FCRA to specific types of reports for specific transactions. It was not meant to be omnibus privacy legislation. Information used for investigative, law enforcement, or governmental purposes is not regulated in the same manner as is the information used to make decisions related to credit, insurance, or employment."

ChoicePoint's letter added that "The topic of the responsible use of information is a vital one to our society. Like ChoicePoint chairman and CEO Derek Smith, in his recently published book, Risk Revolution, we support a national debate on this very topic."  See, Risk Revolution: Real Threat Facing America & the Promise of Technology for a Safer Tomorrow [Amazon], published in July of 2004.

Douglas Curling, P/COO of Choicepoint, signed ChoicePoint's December 29, 2004 letter. Then, Marc Rotenberg, Executive Director of the EPIC, wrote a reply letter to ChoicePoint, the FTC, and certain members of Congress, on January 5, 2005.

Rotenberg stated that "We would welcome a public hearing in Congress with balanced representation between those in the information broker industry and those in the consumer protection field, including state attorneys general, to discuss the scope and application of the Fair Credit Reporting Act to the dossiers on American consumers now being sold by companies such as yours." He also suggested "a similar public workshop before the Federal Trade Commission".

More News

1/7. The Supreme Court granted certiorari in Grable & Sons Metal Products. v. Darue Engineering & Manufacturing. See, Order List [2 pages in PDF], at page 2. The issue in this case is what constitutes "arising under" the federal laws for the purposes of creating subject matter jurisdiction in the federal courts. The Supreme Court wrote that "The petition for a writ of certiorari is granted limited to Question 1 presented by the petition." Otherwise, this is a federal tax and quiet title action. See, March 9, 2004 opinion of the Court of Appeals. This case is Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, Sup. Ct. No. 04-603, on petition for writ of certiorari to the U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 02-1678. The Court of Appeals heard an appeal from the U.S. District Court for the Western District of Michigan, at Grand Rapids, D.C. No. 01-00037, Judge David McKeague presiding.

1/7. The Supreme Court granted certiorari in Merck KGaA v. Integra LifeSciences I. See, Order List [2 pages in PDF], at page 1. This is a drug patent case involving a research exemption to patent infringement. There will be a story in the Tuesday edition of the TLJ Daily E-Mail Alert.

1/10. The Supreme Court released a huge Order List [29 pages in PDF] on Monday morning, January 10, 2005. There will be further coverage in the Tuesday edition of the TLJ Daily E-Mail Alert.

1/7. The City of Alexandria, Virginia, will begin a new shuttle bus service between the campus of the U.S. Patent and Trademark Office (USPTO) and Old Town Alexandria at 11:00 AM on Monday, January 10, 2005. Alexandria Mayor William Euille, Alexandria Transit Company General Manager Sandy Modell, and Deputy Under Secretary Steve of Commerce for Intellectual Property Steve Pinkos will ride on the shuttle's inaugural run. The bus will run every ten minutes between the USPTO campus and Old Town from 11:30 AM to 2:00 PM, Monday through Friday.

1/5. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register that describes, and provides the application deadlines for, various NIST grant programs, including the Electronics and Electrical Engineering Laboratory (EEEL) Grants Program. The EEEL covers semiconductors, electronic instrumentation, radio frequency (RF) technology, optoelectronics, magnetics, video, electronic commerce as applied to electronic products and devices, the transmission and distribution of electrical power, national electrical standards, and law enforcement standards. Applications for EEEL program grants, and all related materials, must be received by 5:00 PM on September 30, 2005. See, Federal Register, January 5, 2005, Vol. 70, No. 3, at Pages 781 - 789.

1/5. The Office of Personnel Management (OPM) published a notice in the Federal Register that describes, and sets the comment deadline (March 7, 2005) for, its notice of proposed rulemaking (NPRM) regarding various pay and work schedule issues. Among the subjects addressed in this NPRM is the e-Payroll initiative. See, January 5, 2005, Vol. 70, No. 3, at Pages 1067 - 1110.

1/5. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) released its annual report [80 pages in PDF] titled "Biennial Regulatory Review 2004". The proceeding is WC Docket No. 04-179.

1/4. The Securities and Exchange Commission (SEC) filed a civil complaint in U.S. District Court (DC) against TV Azteca S.A. de C.V., and three of its officers and directors, alleging violation of federal securities laws in connection with an alleged scheme to conceal Chairman of the Board Ricardo Salinas's role in a series of transactions through which he personally profited by $109 Million. The complaint alleges Section 10b fraud, and other violations. See, SEC release. TV Azteca produces of Spanish language television programming, and operates two television networks (Azteca 13 and Azteca 7) through 315 owned and operated stations in Mexico. This case is SEC v. TV Azteca, Ricardo Salinas Pliego, Pedro Padilla Longoria, and Luis Echarte Fernandez, U.S. District Court for the District of Columbia, D.C. No. 1:05-CV-00004.

Publication Schedule
There was no issue of the TLJ Daily E-Mail Alert on Friday, January 7, 2005.
Washington Tech Calendar
New items are highlighted in red.
Monday, January 10

The House will not meet. It will next meet on January 20, 2005.See, Republican Whip Notice.

The Senate will not meet. It will next meet on January 20, 2005.

The Supreme Court will return from recess. See, Order List [9 pages in PDF] at page 9.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Charles Crawford v. FCC, No. 04-1031. Judges Randolph, Tatel and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:15 - 4:30 PM. The American Enterprise Institute (AEI) will host an event titled "China and the Global Economic Recovery". The speakers will be Anne Krueger (International Monetary Fund), Randal Quarles (Treasury Department), Pieter Bottelier (SAIS, Johns Hopkins University), Jeffrey Frankel (Harvard University), Morris Goldstein (Institute for International Economics), John Makin (AEI), Li Shantong (China Development Research Center), and Desmond Lachman (AEI). See, notice. Location: AEI, 12th Floor, 1150 Seventeenth Street, NW.

5:30 - 7:00 PM. Tamar Jacoby (Manhattan Institute) will give a lecture titled "Immigration Reform: Politics and Prospects". See, notice. Location: American Enterprise Institute (AEI), 12th Floor, 1150 17th St., NW.

Deadline to submit to the Federal Communications Commission (FCC) petitions to deny the applications of NextWave Telecom and Cellco Partnership dba Verizon Wireless for FCC approval of their proposed transfer of control of broadband Personal Communications Services (PCS) licenses from NextWave to Cellco. See, FCC notice [4 pages in PDF]. This notice is DA 04-3873 in WT Docket No. 04-434.

Effective date of the Federal Communications Commission's (FCC) final rule regarding the former ITFS, MDS, and MMDS. The FCC adopted its Report and Order at its June 10, 2004 meeting. The FCC released the text on July 29, 2004 (FCC 04-135), and then released a modified item on October 29, 2004 (FCC 04-258). This is WT Docket 03-66. See, notice in the Federal Register, December 10, 2004, Vol. 69, No. 237, at Pages 72019 - 72047. See also, story titled "FCC Adopts RO & NPRM Re ITFS/MDS Band" in TLJ Daily E-Mail Alert No. 916, June 11, 2004.

Deadline to submit comments to the Federal Communications Commission's (FCC) in response to the further notice of proposed rulemaking (FNPRM) portion of its Report and Order and FNPRM regarding the former ITFS, MDS, and MMDS, now named the Broadband Radio Service (BRS) and the Educational Broadband Service (EBS), in the 2496-2690 MHz band. The FCC adopted this item at its June 10, 2004 meeting. The FCC released the text on July 29, 2004 (FCC 04-135), and then released a modified item on October 29, 2004 (FCC 04-258). This is WT Docket 03-66. See, notice in the Federal Register, December 10, 2004, Vol. 69, No. 237, at Pages 72019 - 72047. See also, story titled "FCC Adopts RO & NPRM Re ITFS/MDS Band" in TLJ Daily E-Mail Alert No. 916, June 11, 2004.

End of voluntary negotiation period for determining the royalty fees for analog signals to be paid by satellite carriers under the satellite carrier compulsory license. See, Copyright Office's notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78482 - 78483.

Suggested deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the European Community's complaint to the World Trade Organization (WTO) regarding the Jobs Act, which replaced the Foreign Sales Corporation and Extraterritorial Income (FSC/ETI) tax regimes. See, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Pages 135-136.

Tuesday, January 11

10:00 AM. The U.S. Court of Appeals (FedCir), Panel C, will hear oral argument in Rates Technology v. Nortel Networks (No. 04-1212). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel D, will hear oral argument in Israel Bio-Engineering v. Amgen (Nos. 04-1153 and 04-1301) and In Re Fujimura (No. 04-1244). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association (FCBA) International Telecommunications Committee will host a brown bag lunch. The topic will be "An Overview of the World Bank's E-Development Policy Goals for Assisting Developing Countries to Integrate Information and Communication's Technologies (ICT) into the Development Agenda". The speakers will be Rob Stephens (World Bank) and Nagy Hanna (World Bank). No RSVP required. Location: AT&T, Suite 1000, 1120 20th St., NW.

1:00 - 4:00 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will hold a meeting. It is open to the public. See, notice in the Federal Register, December 27, 2004, Vol. 69, No. 247, at Pages 77259 - 77260. See also, story titled "DHS's National Infrastructure Advisory Council Meeting to Cover Cyber Security" in TLJ Daily E-Mail Alert No. 1045, December 28, 2004. Location: Hamilton Crowne Plaza, 14th & K Streets, NW.

2:00 - 4:00 PM. The WRC-07 Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. The FCC notice [PDF] states also that "Non-U.S. citizens desiring to attend this meeting must pre-clear 24 hours in advance by providing their name, country of citizenship, and company name to Sharon Neuner at: sharon.c.neuner @boeing.com." Location: Boeing Company, 1200 Wilson Blvd., Arlington, VA.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the International Telecommunications Union's ITU-T Study Group 3 (tariff and accounting principles) meeting. See, the ITU's calendar of meetings. See, notice in the Federal Register, December 20, 2004, Vol. 69, No. 243, at Page 76027. For more information, including the location, contact Julian Minard at minardje@state.gov. Location: undisclosed.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Patent Law for the Non-Patent Attorney". The speakers will be Anthony Son (Foley & Lardner) and Elizabeth Brenner (Rothwell Figg Ernst & Manbeck). 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.

TIME? There will be a meeting of 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 Nanoscale Science, Engineering and Technology Subcommittee. The meeting is closed to the public. For more information, contact Geoff Holdridge at 703 292-4532. Location: undisclosed.

Deadline to register for the National Institute of Standards and Technology (NIST) half day meeting on January 19 to discuss policy, privacy, and security issues associated with Homeland Security Presidential Directive-12, titled "Common Identification Standard for Federal Employees and Contractors." To register, contact Sara Caswell at Sara.caswell@nist.gov or 301 975-4634. See, notice [PDF].

Wednesday, January 12

RESCHEDULED FOR JANUARY 26. The Federal Communications Commission (FCC) will hold a Broadband PCS Spectrum Auction. This is Auction No. 58. See, notice [3 pages in PDF].

10:00 AM. The U.S. Court of Appeals (FedCir), Panel E, will hear oral argument in Frazier v. Roessel Cine Photo Tech (No. 04-1060). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel F, will hear oral argument in NEC Solutions v. U.S (No. 04-1085), and Shock-Tek v. Trek Bicycle Corporation (04-1324). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a luncheon. The featured speaker will be Robert Kahn, President of the Corporation for National Research Initiatives (CNRI). He will discuss digital object architecture and information management on the internet. The other speakers will include Blair Levin (Managing Director of Legg Mason) and John Freeman (equity analyst at Precursor). See, notice and registration page. Media queries should be directed to Patrick Ross at 202 289-8928 or pross@pff.org. Other queries should be directed to Brooke Emmerick at 202 289-8928 or bemmerick@pff.org. Location: Mandarin Oriental Hotel, 1330 Maryland Ave., SW.

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

Thursday, January 13

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

10:00 AM. The U.S. Court of Appeals (FedCir), Panel H, will hear oral argument in Checkpoint Systems v. All Tag Security (No. 04-1395). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel I, will hear oral argument in Pause Technology v. Tivo (No. 04-1263). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The Antitrust Modernization Commission (AMC) will hold a public meeting. See, notice [PDF] in the Federal Register, December 7, 2004, Vol. 69, No. 234, at Page 70627. For more information, contact 202 233–0701 or info@amc.gov. Location: Federal Trade Commission (FTC), Rooms A & B, 601 New Jersey Ave., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee and Cable Practice Committee will host a brown bag lunch. The topic will be the Federal Communications Commission's (FCC) Report and Order and FNPRM [54 pages in PDF] on the children's programming obligations of digital broadcasters. The speakers will be Barbara Kreisman (Chief of the FCC's Media Bureau's Video Division), Kim Matthews (FCC) and Mary Beth Murphy (FCC). See, story titled "FCC Adopts Report and Order Re Children's Programming Obligations of DTV Broadcasters" in TLJ Daily E-Mail Alert No. 975, September 13, 2004. RSVP to John Logan at jlogan@dlalaw.com by 12:00 NOON on Wednesday, January 12. Submit written questions for the speakers to Ann Bobeck at abobeck@nab.org by Tuesday, January 11. The deadline to submit comments to the FCC in response to the NPRM is March 1, 2005. The deadline for reply comments is April 1. Location: Dow Lohnes & Albertson, 8th Floor, 1200 New Hampshire Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Practical Review and Update to the Madrid Protocol". The speakers will be David Starr (Nath & Associates), Carla Calcagno (Rothwell Figg Ernst & Manbeck), Jay Hines (Oblon Spivak), and a representative of the U.S. Patent and Trademark Office. 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.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Global Positioning
System will meet. The agenda includes review of issues dealing with Galileo and other future radio navigation satellite systems. This meeting is closed to the public. See, notice in the Federal Register, December 10, 2004, Vol. 69, No. 237, at Page 71803. Location: Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA.

EXTENDED TO FEBRUARY 14. Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] (DA 04-3891) of December 14, 2004 seeking comments on the report of Avatar Environmental, LLC regarding migratory bird collisions with communications towers. See, Public Notice [2 pages in PDF] (DA 04-4021) of December 22, 2004 extending deadlines. This proceeding is WT Docket No. 03-187.

Friday, January 14

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Northpoint Technology v. FCC, No. 04-1052. Judges Edwards, Henderson and Randolph will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the International Telecommunications Union's ITU-T Study Group 2 (Service Definitions, Numbering, Routing, and Global Mobility) meeting. See, the ITU's calendar of meetings. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact minardje@state.gov. Location: undisclosed.

12:15 PM. The Federal Communications Bar Association (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The speakers, Scott Delacourt, Cathy Seidel and Peter Tenhula of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB), will address "WTB hot topics". The price to attend is $15.00. Registrations are due 5:00 PM on Tuesday, January 11. See, registration form [PDF]. Location change: Sidley Austin, 6th Floor, 1501 K Street, NW. Wiley Rein & Fielding, 1776 K Street, NW, Ground Floor Conference Center.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding wireless services in rural areas. On September 27, 2004, the FCC released the text [137 pages in PDF] of its Report and Order and FNPRM. The FCC adopted this item at its July 8, 2004 meeting. This item is 04-166 in WT Docket Nos. 02-381, 01-14, and 03-202. See, notice in the Federal Register, December 15, 2004, Vol. 69, No. 240, at Pages 75174 - 75185.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (FNPRM) regarding the application of 47 U.S.C. 251(h)(2) to the reclassification of competitive local exchange carriers (LECs) to incumbent LECs. This is the Mid-Rivers Telephone Cooperative, Inc. proceeding. This NPRM is FCC 04-252 in WC Docket No. 02-78. See, notice in the Federal Register, November 30, 2004, Vol. 69, No. 229, at Pages 69573 - 69578.

Saturday, January 15

EXTENDED TO FEBRUARY 28. Deadline to submit comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding its three year Strategic Plan [73 pages in PDF]. See, ICANN's November 16, 2004 notice. See also, ICANN's web page with information about the Strategic Plan.

5:00 PM. Deadline to submit to the National Institute of Standards and Technology (NIST) recommendations for focus areas in the upcoming US-China Workshop on Standards and Conformity Assessment (to be held in late August or early September 2005). See, notice in the Federal Register, December 17, 2004. Vol. 69, No. 242, at Pages 75515 - 75516.

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