2/7. The Bush administration released it budget proposals for fiscal year 2006. It contains proposals for appropriations for the operation of government. See, links to the budget proposal, by agency, in PDF. See also, links to summaries, by agency, in HTML.

President Bush spoke about this budget at a White House event on January 7, but said nothing about the technology related provisions.

He said that "OMB Director Josh Bolten will be presenting the budget at noon. It is a budget that sets priorities. Our priorities are winning the war on terror, protecting our homeland, growing our economy." He added that "It's a budget that is a lean budget." See, transcript.

2/7. The President's FY 2006 budget for the U.S. Patent and Trademark Office (USPTO) provides for funding of $1,703 Million, based upon estimated fee revenues of the same amount. This would be an increase of 9.6%.

Traditionally, the USPTO budget has been an exercise in smoke and mirrors. The Congress appropriates funding for the USPTO annually. However, the USPTO also collects user fees to fund the USPTO. For many years, the Congress has diverted some of these user fees to subsidize other government programs.

In the President's FY 2006 budget proposal, the USPTO would be funded at the level of $1,703 Million. In addition, estimated fees are also $1,703 Million. Hence, this budget projects no diversion. This would be an increase of $149 Million over FY 2005 funding. Moreover, this is up from $1,221 Million in FY 2004.

There is, however, nothing in this proposal to legislate an end to the practice of fee diversion in the future.

The USPTO is a part of the Department of Commerce (DOC). See, See, proposed DOC budget [43 pages in PDF] and summary.

This budget proposal also clarifies that if fee revenues are less than $1,703 Million, then the USPTO's funding would be reduced accordingly. On the other hand, if fee revenues exceed $1,703 Million, the excess would go to other government programs.

This increased level of funding is made possible by a projected increase in filings with the USPTO, and the fee increases contained in the omnibus appropriations bill that was enacted in the closing days of the 108th Congress.

On November 20, 2004, the House and Senate both approved a huge omnibus appropriations bill that provides appropriations for FY 2005 for most of the technology related executive branch entities. Also, while it was an appropriations bill, it also included many substantive law provisions. See, story titled "Congress Approves Omnibus Appropriations Bill" in TLJ Daily E-Mail Alert No. 1,023, November 22, 2005.

This omnibus bill included the USPTO fee increases (for FY 2005 and 2006 only) that were contained in HR 1561 (108th), the USPTO fee bill, but not the bill's language regarding ending fee diversion. See, story titled "Appropriations Bill Provides $1.54 Billion for USPTO, Temporary Fee Increases, But No End to Diversion" in TLJ Daily E-Mail Alert No. 1,023, November 22, 2005.

March 3, 2004, the House approved HR 1561, the full title of which is the "United States Patent and Trademark Fee Modernization Act of 2003", by a vote of 379-28. See, Roll Call No. 38. See also, story titled "House Passes USPTO Fee Bill" in TLJ Daily E-Mail Alert No. 849, March 4, 2004.

This bill contained increases in user fees that implement the USPTO's 21st Century Strategic Plan. It also provided for U.S. outsourcing of patent searches, and an end to the diversion of user fees to subsidize other government programs. The Senate Judiciary Committee, but not the full Senate, approved this bill. The omnibus appropriations bill essentially cut and pasted the fee increase language of HR 1561. However, it only applied the increases to FY 2005 and 2006.

Steve Pinkos, Deputy Under Secretary of Commerce for Intellectual Property, spoke and answered questions in a telephonic news conference on Monday afternoon. He emphasized that this is the second straight year that the President has called for the USPTO to have access to all of the fees collected by the USPTO. "That is major progress", said Pinkos.

The USPTO also issued a release which states that "In FY 2006, the USPTO anticipates hiring 900 patent examiners and 75 trademark examining attorneys. By the end of FY 2006, the USPTO expects to have over 4,500 patent examiners and over 350 trademark examining attorneys."

The President's budget proposal states that "the USPTO would have a program level of $1,703 million in 2006 and offsetting fees of $1,703 million. This spending authority resulted from legislation, enacted for 2005 and 2006, that increased and restructured patent and trademark fees. The Administration plans to submit a legislative proposal to permanently extend these changes beyond 2006."

It also states that "Resources requested in 2006 will be used to fund additional patent examiner staff" and "continue the implementation of E-Government in Patents", "begin competitively sourcing the classification and reclassification functions currently performed by patent examiners" and "expand bilateral and multilateral agreements to strengthen intellectual property rights globally and reduce duplication of effort among international intellectual property offices."

2/7. The President's FY 2006 budget proposal for the entire Department of Commerce (DOC) is $9.4 Billion. See, proposed DOC budget [43 pages in PDF] and summary.

Carlos Gutierrez (at right), the Secretary of Commerce, stated in a release that "Our budget request reflects this Department’s continuing commitment to creating conditions for economic and job growth as well as economic opportunity by promoting innovation, entrepreneurship, competitiveness and stewardship".

The Commerce Department includes many technology related components, such as the U.S. Patent and Trademark Office (USPTO), the National Telecommunications and Information Administration (NTIA), the National Institute of Standards and Technology (NIST), the Bureau of Industry and Security (BIS), and the Office of Technology Policy (OTP).

The USPTO is addressed in a related story in this issue titled "Bush's Budget Would Provide USPTO $1.7 Billion".

NTIA. The President's proposed budget for the NTIA would provide $21,450,000 in FY 2006. This continues a trend of decreasing funding for the NTIA, as the Bush administration cuts the NTIA's grant programs.

The proposal includes $2 Million for "Public Telecommunications Facilities, Planning and Construction". There is no new funding for information infrastructure grants.

The President's proposal describes the functions performed by the NTIA. However, it reveals little about the Bush administration's spectrum policies. The budget summary likewise states little. The President's budget materials for the Federal Communications Commission (FCC) reveal more about the Bush administration's spectrum related policies. See, related story in this issue titled "Bush's Budget Would Provide FCC $304 Million"

BIS. The administration proposal provides $77 Million for the BIS, which is also still known as the Bureau of Export Administration (BXA). The BIS's primary purpose is to regulate exports for national security purposes. However, this also includes regulation of the export of dual use items, such as computers and software. This proposal is up from $68 Million in FY 2005.

The President's budget states that the BIS administers the Export Administration Act (EAA). This statute has lapsed, and the Congress has not enacted a replacement EAA. The President's proposal says nothing about legislative proposals.

The administration's summary states that the BIS "helps protect against the export of goods and technologies sensitive to U.S. national security and economic interests. Export controls on sensitive dual-use commodities are necessary to stem the proliferation of weapons of mass destruction, to halt the spread of weapons to terrorists or countries of concern, and to further important U.S. foreign policy objectives. BIS also assists other countries in developing and strengthening their national export control systems. The Budget requests an additional $10 million for initiatives to improve BIS’ ability to maintain an up-to-date export control list and enhance enforcement activities to ensure sensitive goods and technologies do not fall into the wrong hands."

NIST. The Bush administration proposal provides $532 Million for the NIST. $426 Million of this is for Scientific and Technical Research and Services. The President's budget proposal would terminate the Advanced Technology Program (ATP). See also, NIST release.

OTP. The President's budget proposal includes $4.2 Million for the Office of Technology Policy, which is down from $6.5 Million in FY 2005.

Rep. Sherwood Boehlert (R-NY), the Chairman of the House Science Committee, commented in a release about the President's budget proposal. He said that "As everyone knows, this is a very tight budget, with an overall cut to non-defense domestic discretionary spending. Given that context, the science programs fared relatively well. I was especially pleased to see the significant increase proposed for the laboratories at the National Institute of Standards and Technology.

He continued. "That said, I would certainly like to see more robust increases in the science budget, particularly for the National Science Foundation (NSF) and the Department of Energy Office of Science. And I am especially troubled by the proposed cuts in the education programs at NSF. The Committee will be reviewing the overall civilian R&D budget in some depth at our February 16 hearing.

2/7. The Presidents budget provides $10.7 Billion for the Internal Revenue Service (IRS), which is a part of the Department of the Treasury (DOT). See, proposed budget for the DOT [42 pages in PDF] and summary. This is a 4.3 percent increase over FY 2005.

IRS Access to New Hires Database. The proposed budget also states that it "includes a legislative proposal to give IRS access to the National Directory of New Hires database". See, DOT budget proposal, at page 30.

Privacilla.org states that "The National Directory of New Hires is maintained by the Federal Office of Child Support Enforcement in the Administration for Children and Families at the U.S. Department of Health and Human Services." It adds that "The purpose of this new database was entirely laudable -- helping states locate parents who have skipped out on their child support obligations. All databases are created for laudable purposes."

Privacilla.org's New Hires database web page further states that "A database covering every working American should entitle people to be concerned about their privacy, and their civil rights. It was a database of information, collected for laudable purposes, after all, that allowed Japanese Americans to be rounded up and interned during World War II."

Privacilla.org is edited by Jim Harper, who is now Director of Information Policy Studies at the Cato Institute. TLJ spoke with Harper about the President's proposal. He stated that "this is another example of databases mixing and merging" to the detriment of individual privacy. It is "typical mission creep". He added that "employers won't stand in the shoes of individuals to protect privacy".

E-File Project. "The Budget funds the Modernized E-File Project at an estimated $56 million", the administration summary states. "Electronic filing also benefits the Government through reduced processing costs. The Budget includes a legislative proposal to increase the Secretary of the Treasury's authority to mandate electronic filing from businesses and tax exempt organizations. This measure will assist the IRS in moving to its goal of receiving 80 percent of all tax returns electronically. A corresponding decrease in the cost of paper processing is reflected in the Budget. In addition to improving efficiency, access to electronic tax data will improve IRS’s ability to track organizations that finance terrorism."

IRS Commissioner Mark Everson stated in a release that "The budget holds Business Systems Modernization funding steady at substantially the same level Congress approved last year. The IT modernization program has had a number of successes in the past year, including the first update to the main IRS database in 40 years, the roll-out of new Internet services for taxpayers and practitioners and improved administrative systems. The 2006 budget focuses resources on projects with direct impact on taxpayer service and enforcement efforts."

DOT Financial Management Service. The administration summary also states that the DOT "is improving its payments and collections processes and moving toward an ``all-electronic Treasury.´´ Treasury administers the Government’s payments and collections systems through the Financial Management Service (FMS). In 2004, FMS issued over 705 million electronic payments and 235 million paper checks. FMS annually issues over 940 million non-Defense payments, valued at $1.5 trillion, including Social Security benefits, tax refunds, and veterans’ benefits. Streamlining the payments and collections processes and continually investing in state-of-the-art technology is integral in processing these payments and collections accurately, timely, and more safely and securely for the taxpayer. The Budget provides funding for FMS' electronic initiatives, such as: Pay.gov, which is a Government-wide web portal to collect non-tax revenue electronically; Paper Check Conversion, which converts checks into electronic debits thereby moving funds more quickly; and Stored Value Cards, which directly support military operations overseas."

2/7. The President's proposed budget for FY 2006 provides $212 Million for the Federal Communications Commission (FCC). See, the proposed budget for independent agencies [119 pages in PDF] and summary.

This is a slight increase over the FY 2005 budget. The budget proposal states that it will enable the FTC "to maintain the current performance of its missions."

The administration summary also addresses several issues, including the Do Not Call Registry, spam, identity theft, and competition policy.

It states that "The Budget includes funding for the FTC to continue enforcing the National Do-Not-Call Registry, in partnership with States and the Federal Communications Commission. Since its inception, more than 73 million numbers have been signed up for the Do-Not-Call Registry, which has stopped over 835 million unwanted telemarketing calls each month."

It states that the FTC "currently is pursuing cases under the" CAN SPAM Act.

It also addresses the FTC's Competition Bureau. It states that "As part of its efforts to monitor the marketplace for anticompetitive mergers and practices, FTC pursues administrative remedies in antitrust cases regarding a variety of consumer issues, such as high technology, health care, and oil and gasoline." The budget proposal states that "The goal of the maintaining competition mission is to prevent anticompetitive mergers and other anticompetitive business practices in the marketplace. The mission works to accomplish this goal through three objectives: (1) identify anticompetitive mergers and practices that cause the greatest consumer injury; (2) stop anticompetitive mergers and practices through law enforcement; and (3) prevent consumer injury through education."

2/7. The President's proposed budget for FY 2006 provides $304 Million for the Federal Communications Commission (FCC). See, the proposed budget for independent agencies [119 pages in PDF] and summary.

The budget summary states that this includes an increase over FY 2005 is for "inflationary increases". The FCC stated in a release [PDF] that "The requested FY 2006 funding level will cover mandatory increases for salaries and benefits and inflationary increases for office space rental, supplies, printing, postage and contractual services. The budget level also includes funds to allow the FCC to consolidate and upgrade commission-owned facilities at Columbia, Maryland; to provide for critical enhancements to the FCC’s major electronic filing systems; to implement a government-wide automated human resources system; and to fund additional staff to assist with program oversight associated with USF audit activities."

The Bush administration's summary also addresses spectrum auctions.

It states that "Recent years have witnessed enormous growth in advanced communications technologies. Following the FCC decision to deregulate broadband, companies announced over $6 billion in planned investment to bring broadband to an additional 20 million homes, supporting the Administration’s goal of universal, affordable access to broadband by 2007. The FCC plans to auction 90 MHz of spectrum for advanced wireless services, half of which represents spectrum moving from Federal to private use. This spectrum will allow multiple companies the opportunity to become broadband providers -- stimulating vigorous com- petition and bringing lower prices and improved services to consumers."

It continues that "Spectrum auctions have proven to be an effective mechanism to assign licenses for certain spectrum-based services. Since 1994, communications service providers have won over 25,000 licenses and paid over $14 billion into the Treasury through FCC auctions. The Administration supports legislation to extend indefinitely the FCC’s auction authority, which expires in 2007."

"To continue to promote efficient spectrum use, the Administration also supports granting the FCC authority to set user fees on unauctioned spectrum licenses based on public-interest and spectrum-management principles. Fee collections are estimated to begin in 2007 and total $3.1 billion in the first 10 years."

It concludes that "To encourage the digital transition, the Administration seeks to create incentives for television broadcasters to vacate the analog spectrum, as required by law, in a timely fashion. The Administration supports authorizing legislation for the FCC to establish an annual lease fee for analog spectrum use by commercial broadcasters starting in 2007. Individual broadcasters would be exempt as they return their analog spectrum, and collections would decline."

2/7. The Bush administration released it budget proposals for fiscal year 2006. This includes the proposed budgets for the Department of Homeland Security (DHS), Department of Justice (DOJ), Office of the U.S. Trade Representative (USTR), and Securities and Exchange Commission (SEC).

Department of Justice. President Bush's budget proposal for the Department of Justice [44 pages in PDF] provides $144,451,000 for the Antitrust Division. However, neither the budget proposal, nor the administration's DOJ summary, provide details about future competition policy.

Nor do the administration's DOJ budget proposal or summary provide details about DOJ activities related to implementation or expansion of the Communications Assistance for Law Enforcement Act (CALEA), enforcement of computer related crime statutes, or enforcement of intellectual property laws.

See also, DOJ release.

DHS. See, President Bush's budget proposal [PDF] and summary. See also, transcript of news conference of acting Secretary of Homeland Security James Loy, and DHS summary.

The section of the budget proposal for Information Analysis and Infrastructure Protection (IAIP) references cyber security. It states that its program "Combines available cyber security information for dissemination in a timely, understandable, and responsible manner. It provides a system that allows citizens, businesses, and other institutions to communicate directly with the United States Government regarding cyber security information. Additionally, Cyber Security studies the interconnection of cyber assets to identify critical points in our Nation's cyber infrastructure that could be exploited by malicious persons. IAIP has developed a secure collaboration capacity that allows government and industry cyber experts to address threats to our cyber infrastructure in a collaborative manner in real time."

USTR. The President's budget proposal for the Executive Office of the President [PDF] includes the funding proposal for the USTR. It provides $38,779,000.

SEC. The President's budget provides $888 Million for the SEC.

2/4. Steven Law was named Chairman of the President's Management Council Subcommittee on E-Government. He is also Deputy Secretary of the Department of Labor. See, Office of Management and Budget (OMB) release [PDF].

2/1. Louis Addeo was named to the Office of Management and Budget's (OMB) acquisition advisory panel. Addeo is also President of AT&T Government Solutions. See, OMB release [PDF].

The House will meet at 2:00 PM. 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 Senate will meet at 9:30 AM. It will consider S 5, the "Class Action Fairness Act of 2005".

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

9:30 AM - 12:30 PM. The Federal Communications Commission's (FCC) Media Bureau will host an event titled "Low Power FM Forum". Press contact: Rebecca Fisher at 202 418-2359. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The Senate Banking Committee will hold a hearing on the role of credit rating agencies in capital markets. Location: Room 538, Dirksen Building.

10:00 AM. The House Ways and Means Committee will hold a hearing on President Bush's Fiscal Year 2006 budget. Secretary of the Treasury John Snow will testify. Location: Room 1100, Longworth Building.

2:00 PM. The House Ways and Means Committee will hold a hearing on President Bush's Fiscal Year 2006 budget. Office of Management and Budget (OMB) Director Joshua Bolten will testify. Location: Room 1100, Longworth Building.

2:00 - 6:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) seminar titled "Communications Law 101". Prices ranges from $125 to $275. See, registration form [PDF]. The deadline to register is February 2. Location: Wiley Rein & Fielding, 1776 K St., NW.

2:15 PM. The Senate Finance Committee will hold a hearing on President Bush's Fiscal Year 2006 budget. Secretary of the Treasury John Snow will testify. Location: Room 215, Dirksen Building.

5:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 418, the "REAL ID Act of 2005".

6:00 - 8:00 PM. The Advisory Committee for the Congressional Internet Caucus (ACCIC) will host a pre-conference reception. On February 9, the ACCIC will host an event titled "State of the Net Conference". Conference non-attendees RSVP to rsvp@netcaucus.org or 202 638-4370. Location: Thorton Room, Hyatt Regency on Capitol Hill, 400 New Jersey Ave., NW.

6:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". Location: Porter's, 1207 19th St. NW.

Deadline to submit reply 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.

The House will meet at 10:00 AM. It may take up HR 418, the "REAL ID Act of 2005", subject to a rule. See, Republican Whip Notice.

7:30 AM - 4:30 PM. The Advisory Committee for the Congressional Internet Caucus will host an event titled "State of the Net Conference". The speakers will include Sen. Ted Stevens (R-AK). Registration is required. Prices range from free to $350. For more information, contact Danielle Yates at dyates@netcaucus.org or 202 638-4370. See, notice and brochure [PDF]. Location: Hyatt Regency on Capitol Hill, 400 New Jersey Ave., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "How Internet Protocol-Enabled Services are Changing the Face of Communications: A View from Technology Companies". The witnesses will be the CEOs of Motorola, Lucent, Qualcomm, Siemens, and Alcatel. The hearing will be webcast by the Committee. Press contact: Sean Bonyun (Upton) at 202 225-3761 or Jon Tripp (Barton) at 202 225-5735. See, notice. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "When Bad Things Happen To Good Computers". The topics will be security threats, both technology based and human, for law offices' computers, computer networks, PDAs and cell phones, and potential liabilities for failure to protect the confidential information. The speakers will be Don Philmlee (Potomac Consulting Group) and Todd Haley (Spriggs & Hollingsworth). See, notice. Prices vary from $15 to $25. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

5:00 - 7:00 PM. The Advisory Committee for the Congressional Internet Caucus will host a technology fair and reception. The exhibitors will be ComCare Alliance, Consumer Electronics Association, eBay, Entertainment Software Association, Ericsson, Federal Trade Commission, Freedom Calls Foundation, Fujitsu, GetNetWise, i-Safe & VeriSign, Kodak, Microsoft, NetSmartz Workshop, NTT DoCoMo USA, NTT/Verio, PivX, Pulver, Qualcomm, RSA Security & i-Mature, SAP, SBC, Sony Connect, SunRocket, Symantec, Symbol, TRUSTe, Verizon Wireless, Visa USA, and Vonage. Location: Room SDG-50, Dirksen Building.

The House will meet at 10:00 AM. It may take up HR 418, the "REAL ID Act of 2005". See, Republican Whip Notice.

8:00 AM. Under Secretary of Homeland Security Asa Hutchinson will speak at the Infrastructure Security Partnership breakfast. Press contact: 202-282-8010. Location: Army Navy Club, 901 17th St. NW.

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

9:30 AM. The Senate Judiciary Committee will hold a hearing titled "Bankruptcy Reform". Press contact: Blain Rethmeier (Specter) at 202 224-5225 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The WRC-07 Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. See, FCC notice [PDF]. Location: The Boeing Company, 1200 Wilson Blvd., Arlington, VA.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch. The speakers will be Lisa Sutherland (Chief of Staff, Senate Commerce Committee), Christine Kurth (Deputy Chief of Staff, Senate Commerce Committee), and James Assey (Minority Counsel, Senate Commerce Committee). For more information, contact Catherine Bohigian at Catherine.Bohigian@fcc.gov. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

12:30 - 1:30 PM. The DC Bar Association will host a program titled "Trade Secrets Damages: What Can a Successful Claimant Expect to Recover?". The speaker will be Carla Mulhern (Analysis Group, Inc.). See, notice. Prices vary from $10 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 comments to the U.S. Patent and Trademark Office (USPTO) regarding revisions to the rules of practice in patent cases to implement the Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act). See, notice in the Federal Register, January 11, 2005, Vol. 70, No. 7, at Pages 1818-1824. This bill was S 2192 in the 108th Congress. President Bush signed it on December 10, 2004. See, story titled "President Signs CREATE Act" in TLJ Daily E-Mail Alert No. 1,037, December 14, 2004.

TIME? The Judicial Conference of the United States (JC) will hold a public hearing on its proposed amendment to Civil Rule 5 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.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the Department of Homeland Security's (DHS) budget for FY06. See, notice. Location: Room 342, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch and meeting with Senate Commerce Committee staff regarding legislation. The agenda includes Lisa Sutherland (Chief of Staff), Christine Kurth (Deputy Chief of Staff), and James Assey (Minority Counsel). For more information: Catherine.Bohigian@fcc.gov. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding 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. This is for the USTR's Special 301 review, pursuant to 19 U.S.C. § 2242. See, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Page 134.

Deadline to register for the Federal Communications Bar Association's (FCBA) lunch, featuring Mel Karmazin, CEO of Sirius Satellite Radio. See, registration form [MS Word].

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its final public draft of SP 800-53. This is "Special Publication 800-53 (Final Public Draft), Recommended Security Controls for Federal Information Systems". Send comments to sec-cert@nist.gov.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz), which is scheduled to begin on July 20, 2005. See, FCC's Public Notice numbered DA 05-171.

Day one of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Day two of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Extended 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. See also, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Pages 87-88. This proceeding is WT Docket No. 03-187.

Deadline to submit reply 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 comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking (NPRM) regarding the Children's Online Privacy Protection Act. This NPRM proposes to permanently allow web site operators and online services to obtain verifiable parental consent for the collection of personal information from children for internal use by the web site operator through sending an e-mail message to parents coupled with additional steps. See, notice in the Federal Register, January 14, 2005, Vol. 70, No. 10, at Pages 2580 - 2582.

5:00 PM. Extended deadline to submit comments to Office of the U.S. Trade Representative (USTR) in the Out of Cycle Review of the People's Republic of China, pursuant to Section 182 of the Trade Act of 1974, 19 U.S.C. § 2242, which is also known as the Special 301 review. See, notice in the Federal Register, February 2, 2005, Vol. 70, No. 21, at Page 5500.

12:00 NOON. The Cato Institute will host a book forum. William Eggers will discuss his book titled Government 2.0: Using Technology to Improve Education, Cut Red Tape, Reduce Gridlock, and Enhance Democracy [Amazon]. Robert Atkinson, VP of the Progressive Policy Institute, will comment on the book. Lunch will follow the program. This event is free and open to the public. The event will be webcast by Cato. See, notice and registration form. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Engineering for Communications Lawyers 101". The price to attend varies from $50 to $125. Reservations and cancellations are due by 5:00 PM on February 14. See, registration form [PDF]. Location: Skadden Arps, 1440 New York Ave., NW.

Day three of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Effective date of the Federal Communications Commission's (FCC) final rule 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 Further Notice of Proposed Rulemaking. 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 75143 - 75173.

Deadline to submit comments to the Judicial Conference of the United States (JC) its proposed amendments to court rules 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.

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