1/21. Sen. Ted Stevens (R-AK), the new Chairman of the Senate Commerce Committee (SCC), stated that he has been meeting with Republican members of the Committee, and that Sen. Daniel Inouye (D-HI) has been meeting with Democratic members, to complete the reorganization of the Committee, including creation of new subcommittees, and assignment of subcommittee Chairmen, ranking Democrats, and members. He stated that there will be a new high tech subcommittee.

Sen. Stevens met with Alaska reporters on Friday, January 21. His staff provided the transcript which is quoted in this article.

Sen. Stevens (at right) stated that "We are busy trying to complete the reorganization of the Commerce Committee and I have had meetings now with all members, except one on our side, and I hope to finish that today or Monday. And, we hope to have a meeting sometime early next week to organize the Committee and ask members to choose their Subcommittees. We will, at Senator Inouye’s request, have a tenth Subcommittee. As part of the Subcommittee process, we will do two things. One, we will make a Subcommittee out of the High Technology Task Force we've had in the past and also have a Subcommittee that deals with the National Ocean Policy Study as we did until about three Congresses ago."

There is a Senate Republican High Tech Task Force. It was chaired in the 108th Congress by Sen. John Ensign (R-NV). It was chaired in the 107th Congress by Sen. George Allen (R-VA). Both are members of the SCC. See, story titled "Sen. Ensign Addresses Senate Republican High Tech Task Force and Tech Related Bills" in TLJ Daily E-Mail Alert No. 979, September 20, 2004.

Stevens continued that "We will announce the names and the subject matter of the Subcommittees as soon as I finish my consultation with all members, and I known that Senator Inouye has completed his consultation with the members on his side." He added that he has consulted with all of the Republican members, except Sen. John McCain (R-AZ).

Stevens also predicted that the Committee will operate on a bipartisan basis. He said that "because we do have a bipartisan approach, we are trying to do the best we can of bringing together our staff work so we can have joint review on the staff level of issues and not end up by having competing papers, which really cause issues between the members of the Committee before we really have a chance to try to work them out on the staff level. Senator Inouye will be known as the Co-Chairman of our Committee and we intend to follow the same process we have in the Appropriations area to try and assure, to the maximum extent possible, that the work product of our Committee will be bipartisan." Sen. Stevens was previously Chairman of the Senate Appropriations Committee, but could not continue in that position because he was term limited under Republican rules.

Stevens next discussed, in broad terms, the agenda for the Committee. He said that "the first issue I hope we can get the Committee to agree to address is the bills that were on the Calendar at the close of the last Congress that were delayed because of objections of one sort or another. They are bills that were reported out of the Full Committee almost unanimously and died because of the end of the Congress. Senator Inouye and I want to do our best to get those bills back to the floor and on the Calendar and see if we can satisfy those who had holds and move them forward. If we can’t get them satisfied, I will ask the Leader to allow me to make a motion to take them up so that we can have a debate on the motion to proceed and we’ll find out why people are holding up our legislation."

He also said that the Committee will address reauthorization bills, including bills for the Federal Communications Commission (FCC) and the Technology Administration (TA), which includes the National Institute of Standards and Technology (NIST), the Office of Technology Policy (OTP), and other units.

He also addressed the work to be done by subcommittees. He said that "A lot of that is going to be determined by Subcommittees and the Chairmen and Ranking Members of Subcommittees because we intend that the Subcommittees will be proactive and they will hold hearings, they will bring to us -- the Full Committee -- legislation for mark-up based upon Subcommittee approval."

Sen. Stevens said that since he is now Chairman of the SCC, and Chairman of subcommittee of the Senate Appropriations Committee, he is barred under Senate Republican rules from holding another subcommittee chairmanship. Hence, he said that since there are twelve Republicans on the SCC, and there will be ten subcommittees, he and one other Republican will not get a SCC subcommittee chairmanship. He did not say who this would be, but Sen. David Vitter (R-LA) and Sen. Jim DeMint (R-SC) have the least seniority.

1/24. The U.S. Court of Appeals (4thCir) issued its opinion [16 pages in PDF] in Harper v. PSC of West Virginia, a case regarding the commerce clause and the Younger abstention doctrine.

This case is a victory for interstate commerce, unregulated by state regulators and the local interests that seek protection from interstate competition.

This facts of this case do not involve communications or technology. Rather, this case is about garbage. Yet, the legal principles articulated in this case may be pertinent to some future disputes involving state regulation of technology.

James Harper has a garbage collection business based in the state of Ohio. The Public Service Commission of West Virginia regulates common carriers. Its regulatory reach under West Virginia statute extends to garbage carriers. It effectively denied Harper's request for a certificate of convenience and necessity -- to carry trash. Instead, it provides monopolies for the incumbent franchisees. Harper nevertheless entered into a contract with a town in West Virginia to collect and dispose of its garbage. The garbage monopolists complained to the PSC, which ordered Harper to cease and desist from competing with its protected monopolists.

Harper filed a complaint in U.S. District Court (SDWVa) against the PSC, and its Commissioners, alleging violation of the commerce clause of the U.S. Constitution. The District Court abstained from deciding the case pursuant to Younger v. Harris, 401 U.S. 37 (1971). The District Court's opinion is reported at 291 F. Supp. 2d 443.

Harper appealed. The Court of Appeals reversed. Judge Harvie Wilkinson wrote the opinion of the unanimous three judge panel.

The Appeals Court held that the District Court erred in abstaining from ruling on the significant Commerce Clause challenge, and remanded the case for determination on the merits.

The Court of Appeals wrote that for abstention to be appropriate, under Younger and its progeny, three things must be present: (1) the state proceedings must constitute an ongoing state judicial proceeding, (2) the proceedings must implicate important state interests, and (3) there must be an adequate opportunity in the state proceedings to raise constitutional challenges.

The Court of Appeals opinion focused solely on the second item -- important state interests. There is no sentence or paragraph of black letter law in this opinion that establishes what an important state interest is for the purpose of the Younger doctrine. Rather, Wilkinson wrote a wide ranging essay on various aspects of state importance, and what are the things that "make a state a state", and "lie at the heart of state sovereignty".

Wilkinson wrote, for example, that "Federal courts thus do not hesitate to recognize as ``important´´ under Younger those state interests which reflect the inalienable attributes of sovereignty retained by American states."

He did suggest that some of the areas where an important state interest may be at stake include criminal law, education, family relations, property, land use, zoning, public health, and corporations. On the other hand, he made no mention of regulation of telephone communications, internet protocol services, or electronic commerce.

Then, he stated that "Because the interest advanced here is one that by its very nature serves to impede interstate commerce, we must evaluate the effect of the dormant Commerce Clause upon the decision to abstain."

He elaborated, "The commerce power plays a role in abstention analysis quite different from many of the other provisions of the Constitution. The dormant Commerce Clause demonstrates a difference of kind, not merely of degree. By its very nature, it implicates interstate interests. It protects all states by ensuring that no state erects the kind of barriers to trade and economic activity that threatened the survival of a fledgling country under the Articles of Confederation. Recognizing that there is a peculiarly national interest -- and therefore, more limited state interest -- in no way threatens the kind of comity that has always underpinned the Younger doctrine. No state’s dignity could be offended by acknowledging the obvious point that the Framers consciously withdrew interstate commerce from the vast collection of interests that remain the primary responsibility of the states."

"When there is an overwhelming federal interest -- an interest that is as much a core attribute of the national government as the list of important state interests are attributes of state sovereignty in our constitutional tradition -- no state interest, for abstention purposes, can be nearly as strong at the same time." He concluded that "In short, the commerce power itself justifies a narrower view of state interests in the abstention context."

1/24. The Supreme Court issued four opinions, none of which are technology related.

The Court also issued an Order List [97 pages in PDF]. This is unusually long. However, the first 87 pages are devoted cases related to U.S. v. Booker, a case regarding application of the Federal Sentencing Guidelines. See, the Supreme Court's January 12, 2005 opinion in U.S. v. Booker [124 pages in PDF]. The Supreme Court granted certiorari in numerous pending criminal cases, vacated the judgments of the Courts of Appeals, and remanded for further proceedings in light of U.S. v. Booker.

The Supreme Court also issued a minor order in the Brand X case. It wrote that "The motion of the Acting Solicitor General to dispense with printing the joint appendix is granted." See, Order List [97 pages in PDF] at page 88.

The Supreme Court denied certiorari, without opinion, in Fogerty v. MGM, a copyright infringement case involving a song for a James Bond movie. See, Order List [97 pages in PDF] at page 89. See also, August 3, 2004 opinion of U.S. Court of Appeals (6thCir). This case is Frank Fogerty, et al. v. MGM Group Holdings Corp., et al., Sup. Ct. No. 04-598, a petition for writ of certiorari to the U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 03-5498

The Supreme Court also denied certiorari, without opinion, in Phonecards R Us, Inc., et al. v. South Carolina, et al., No. 04-665. See, Order List [97 pages in PDF] at page 89.

And, the Supreme Court is in recess until February 22, 2005.

1/24. The U.S. Court of Appeals (8thCir) issued its opinion [11 pages in PDF] in Wyeth v. Natural Biologies, Inc., a misappropriation of a trade secrets case, brought under the Minnesota Uniform Trade Secrets Act. The District Court held that Natural Biologics misappropriated Wyeth's trade secret process for producing bulk natural conjugated estrogens used in the development of Premarin, a hormone replacement therapy drug. The District Court also permanently enjoined Natural Biologics from using or disclosing any information it obtained related to Wyeth’s process. The Court of Appeals affirmed. This case is App. Ct. Nos. No. 03-3651 and 03-3652, appeals from the U.S. District Court for the District of Minnesota.

1/24. The U.S. Court of Appeals (9thCir) issued its opinion [4 pages in PDF] in Nevada Bell v. PacWest Telecomm, Inc. The body of the opinion consists of one sentence: "The judgment of the district court is AFFIRMED." This case is App. Ct. No. 01-15790, an appeal from the U.S. District Court for the District of Nevada.

1/20. The U.S. Court of Appeals (4thCir) issued its opinion [14 pages in PDF] in Teletronics International, Inc. v. CNA Insurance Company, a case regarding whether an insurance policy covering advertising injuries obligated the insurer to defend and indemnify its insured in a copyright infringement action. The District Court granted summary judgment to the insurer. The Court of Appeals reversed, and directed the District Court to enter summary judgment for the insured. This is an unpublished opinion, No. 04-1509, in an appeal from the U.S. District Court for the District of Maryland, at Greenbelt, D.C. No. CA-03-1348-AW.

1/19. The U.S. Court of Appeals (1stCir) issued an opinion in Global Naps v. Verizon New England, a case involving a dispute between a competitive local exchange carrier (CLEC) and an incumbent local exchange carrier (ILEC) over an interconnection agreement. This case is App. Ct. No. 04-1711.

1/24. President Bush announced his intent to nominate Michael Jackson to be Deputy Secretary of Homeland Security. If confirmed by the Senate, he will replace James Loy. Jackson is currently Chief Operating Officer of AECOM Technology Corporation's Government Services Group. Before that, he was Deputy Secretary of Transportation at the Department of Transportation. He has also worked at Lockheed Martin IMS and Transportation Systems and Services. See, White House release.

1/24. Under Secretary of Homeland Security for Border and Transportation Security Asa Hutchinson (at right) announced his resignation, effective March 1, 2005. See, statement by Secretary Tom Ridge.

1/24. The Department of Justice hosted a farewell ceremony for outgoing Attorney General John Ashcroft. The Senate Judiciary Committee is scheduled to consider his replacement, Alberto Gonzales, on Wednesday, January 26, at 9:30 AM.

1/24. The National Telecommunications and Information Administration (NTIA) announced that it "experienced a catastrophic failure of its webserver". The NTIA added the material now in the web site is "from an older backup copy of the website". It is long out of date.

1/24. The Securities and Exchange Commission (SEC) filed a civil complaint [PDF] in U.S. District Court (SDNY) against Penthouse International, and others, alleging violation of federal securities laws in connection with Penthouse's premature recognition of income on a five year contract for managing a web site, which should have been amortized over the five year life of the contract. The complaint also alleges that a Penthouse Form 10-Q was materially misleading because it bore an unauthorized electronic signature of Robert Guccione, the principal executive officer. See also, SEC release.

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Notices & Disclaimers
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The House will meet at 2:00 PM for legislative business. It will consider several non technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

The Supreme Court is in recess until February 22, 2005.

7:30 AM. The Information Technology Association of America (ITAA) will host a breakfast seminar titled "Expediting the Security Clearance Process: New Law, New Opportunities for Federal Contractors". See, ITAA notice. For more information, contact Shannon Zelsnack at szelsnack@itaa.org. Prices range from $50 to $95. Location: Sheraton Premiere Tysons Corner Hotel.

10:00 AM. The Senate Finance Committee will meet in executive session to organize for the 109th Congress, and to consider the nomination of Michael Leavitt to be Secretary of Health and Human Services. Location: Room 215, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "The Basics of IP-Television: Technology and Regulation". The speakers will be engineers from the Federal Communications Commission's (FCC) Media Bureau (MB), and representatives of SBC Communications and the National Cable & Telecommunications Association (NCTA). For more information, contact Jason Friedrich at jason.friedrich@dbr.com or 202 354-1340 or Ryan Wallach at rwallach@willkie.com or 202 303-1159. Location: Willkie Farr & Gallagher, 1875 K Street, NW, Second Floor.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion title "Class Action Reform: How Far and How Fast?". The speakers will be Robert Gasaway (Kirkland & Ellis), George Priest (Yale Law School), David McIntosh (Mayer Brown Rowe & Maw), and Michael Greve (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

TIME? The Judicial Conference of the United States (JC) will hold a public hearing on its proposed amendment to Appellate Rule 25 regarding electronic filings. The JC has proposed amendments to Civil Rule 5, Appellate Rule 25, and Bankruptcy Rule 5005. Each of these proposed amendments would permit the applicable court, by local rules, to "permit or require papers to be filed, signed, or verified by electronic means" (or similar language). Current rules provide that the applicable court may "permit" filing by electronic means. See, JC notice [PDF] and notice in the Federal Register, Federal Register, December 2, 2004, Vol. 69, No. 231, at Page 70156. Location: undisclosed.

The House will meet at 10:00 AM for legislative business. No technology related items are on the agenda. See, Republican Whip Notice.

The Federal Communications Commission (FCC) will hold a Broadband PCS Spectrum Auction. This is Auction No. 58. This auction had previously been scheduled for January 12, 2005. See, notice [3 pages in PDF].

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast with Rep. Chip Pickering (R-MS), Vice Chairman of the House Commerce Committee. For more information, contact at heidi@fcba.org. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. It is scheduled to consider the nomination of Alberto Gonzales to be Attorney General. See, Committee notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee will hold a hearing titled "Combating Spyware: HR 29, the SPY Act". This hearing will be webcast by the Committee. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Committee on Aging will hold a hearings to examine the risks and benefits associated with internet pharmacy and importation. Location: Room 628, Dirksen Building.

10:00 AM. The Senate Banking Committee will hold an organizational meeting. The Committee will consider its rules, subcommittee structure, and funding. Sen. Richard Shelby (R-AL) will preside. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled "The Department of Homeland Security: The Road Ahead". See, notice. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "International Aspects of Criminal Antitrust Enforcement". The speakers will be Lisa Phelan (Chief of the Department of Justice's Antitrust Division's National Criminal Enforcement Section) and Anthony Nanni (Fried Frank Harris Shriver & Jacobson). See, notice. Prices vary from $5 to $10. For more information, call 202 626-3463. Location: Fried Frank, 1001 Pennsylvania Ave., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "I’m an IP attorney, how can I do pro bono work?". The speakers will be Mary Kennedy (Finnegan Henderson) and Maureen Syracuse (Director of the DC Bar Association's Pro Bono Program). See, notice. Prices vary from $5 to $10. For more information, contact Rebecca McNeill 202 408-4086 or rebecca.mcneill@finnegan.com. Location: Finnegan Henderson, 901 New York Ave., NW.

2:00 PM. The House Armed Services Committee will meet to organize for the 109th Congress. Location: Room 2118, Rayburn Building.

3:00 PM. The House Judiciary Committee will meet to organize the Committee, including ratification of subcommittee assignments, adoption of the Committee rules, and approval of the Committee's Oversight Plan. Location: Room 2141, Rayburn Building.

3:00 PM. The House Ways and Means Committee will meet to adopt Committee rules, approve the Committee budget, approve the Committee oversight plan, and make subcommittee assignments. See, notice. Location: Room 1100, Longworth Building.

4:00 - 5:45 PM. The American Enterprise Institute (AEI) will host a panel discussion title "Trade Policy: The Next Four Years". The speakers will be Lael Brainard (Brookings Institution), Edward Gresser (Progressive Policy Institute), Gary Hufbauer (Institute for International Economics), Brink Lindsey (Cato Institute), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host continuing legal education (CLE) seminar titled "An Overview of Contract Drafting". Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave. NW.

No votes are scheduled in the House. See, Republican Whip Notice.

12:00 NOON. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host a brown bag seminar titled "Current State Regulatory Issues: An Update". The speakers will be Tom Pugh (Commissioner of the Minnesota Public Utilities Commission), Beth Keating (attorney, Florida Public Service Commission), Robert Mayer (New York Public Service Commission), and Tammy Cooper (Administrative Law Judge, Texas Public Utility Commission). For more information, contact Erick Soriano at 202 939-7921 or esoriano@fw-law.com. Location: Fleischman & Walsh, 1919 Pennsylvania Ave., NW, Suite 600.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "Current Topics in Entertainment Law: Anti-Piracy and Film Financing Incentives". The speakers will be David Green (Motion Picture Association of America) and Michele LeBlanc (LeBlanc & Associates), and Aoi Nawashiro (Browdy & Neimark). See, notice. Prices vary from $20 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the International Telecommunications Union's ITU-T Study Group 17 (security, languages and telecommunication software) meeting, and the ITU-T Study Group 4 (telecommunication management). See, the ITU's calendar of meetings. See, notice in the Federal Register, December 20, 2004, Vol. 69, No. 243, at Page 76027. Location: Communication Technologies, Inc. (COMTek), 14151 Newbrook Dr., Suite 400, Chantilly, VA.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee will meet to discuss the meeting of the ITU Council's Ad Hoc Group on Cost Recovery for Satellite Network Filings that will take place March 21-22, 2005 in Geneva, Switzerland. See, notice in the Federal Register, January 13, 2005, Vol. 70, No. 9, at Page 2450. Location: Room 6 South (6B516), Federal Communications Commission (FCC), 445 12th St., SW.

2:00 PM. The Information Technology Association of America (ITAA) will host an event titled "Michelin Worldwide: Rolling with an RFID Strategy". See, notice. For more information, contact Eerik Kreek, ekreek@itaa.org. This event will be webcast only.

4:00 PM. Scott Kieff (Washington University's St. Louis School of Law) will present a draft paper titled "Introducing a Case Against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes". See, abstract of paper, and notice of event. This event is part of the Spring 2005 Intellectual Property Workshop Series sponsored 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. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

4:00 PM. The Cato Institute will host a book forum on Seth Mnookin's book titled Hard News: The Scandals at The New York Times and Their Meaning for American Media [Amazon]. The speakers will be Mnookin and Jack Shafer (Slate). A reception will follow the event. See, notice. Location: Cato, 1000 Massachusetts Ave., 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 Science's Subcommittee on Research Business Methods. The meeting is closed to the public. For more information, contact Megan Columbus at 301 435-0937. Location: undisclosed.

Extended deadline to file with the Federal Communications Commission (FCC) first round DTV channel election forms. This proceeding is titled "In the matter of Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion To Digital Television". This is MB Docket No. 03-15. See, FCC order extending deadline [PDF].

Effective date of the Copyright Office's final rule regarding reconsideration procedure. See, notice in the Federal Register, December 28, 2004, Vol. 69, No. 248, at Pages 77636 - 77637.

No votes are scheduled in the House. See, Republican Whip Notice.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to 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.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FCC's public notice regarding BellSouth's petition for forbearance from certain Title II and Computer Inquiry requirements. This proceeding is WC Docket No. 04-405. See, notice of extension [PDF].

EXTENDED TO MARCH 14. Deadline to submit reply 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.

12:30 PM. Eliot Spitzer, Attorney General of New York, will give a luncheon address. Location: National Press Club, 529 14th St. NW, 13th Floor.

Extended deadline to submit reply comments to Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [38 pages in PDF] regarding use by unlicensed devices of broadcast television spectrum where the spectrum is not in use by broadcasters. See, story titled "FCC Adopts NPRM Regarding Unlicensed Use of Broadcast TV Spectrum" in TLJ Daily E-Mail Alert No. 898, May 14, 2004, and story titled "FCC Releases NPRM Regarding Unlicensed Use of TV Spectrum" in TLJ Daily E-Mail Alert No. 905, May 26, 2004. This NPRM is FCC 04-113 in ET Docket Nos. 04-186 and No. 02-380. See, notice (setting original deadlines) in the Federal Register, June 18, 2004, Vol. 69, No. 117, at pages 34103-34112; first notice [PDF] of extended deadlines; erratum [PDF]; and December 22, 2004 Public Notice [PDF] (DA 04-4013) further extending the deadline for reply comments to January 31.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in response to its Notice of Proposed Rulemaking (NPRM) regarding disseminate information to investors during the securities offering process. The NPRM states that "Significant technological advances over the last three decades have increased both the market's demand for more timely corporate disclosure and the ability of issuers to capture, process, and disseminate this information. Computers, sophisticated financial software, electronic mail, teleconferencing, videoconferencing, webcasting, and other technologies available today have replaced, to a large extent, paper, pencils, typewriters, adding machines, carbon paper, paper mail, travel, and face-to-face meetings relied on previously. Our evaluation of the securities offering process and procedural enhancements seeks to recognize the integral role that technology plays in timely informing the markets and investors about important corporate information and developments."

Deadline to submit applications and nominations to the Federal Communications Commission (FCC) for membership on the FCC's Consumer Advisory Committee (CAC). See, Public Notice [PDF] (DA 04-3892) and notice in the Federal Register, December 29, 2004, Vol. 69, No. 249, at Pages 78024 - 78025.

Deadline to submit comments to the Office of the U.S. Trade Representative's (USTR) Trade Policy Staff Committee (TPSC) regarding "general U.S. negotiating objectives as well as country-, product-, and service-specific priorities for the multilateral negotiations and work program in the Doha Development
Agenda (DDA) negotiations conducted under the auspices of the World Trade Organization". See, notice in the Federal Register, December 9, 2004, Vol. 69, No. 236, at Pages 71466 - 71468.

10:15. The U.S. District Court (DC) will hold a status conference in USA v. Microsoft, No. 98-1232 (CKK). See, rescheduling order. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "Entertainment Law: The Year In Review". The speakers will be Maurita Coley and David Silverman (both of Cole Raywid & Braverman). See, notice. Prices vary from $20 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit applications to the U.S. Department of Agriculture's (USDA) Rural Utilities Service (RUS) for Distance Learning and Telemedicine (DLT) grants. See, notice in the Federal Register, December 3, 2004, Vol. 69, No. 232, at Pages 70217 - 70222; and notice in the Federal Register, January 18, 2005, Vol. 70, No. 11, at Pages 2844 - 2849.