2/9. The House Commerce Committee's Subcommittee on Telecommunications and the Internet held a hearing titled "How Internet Protocol-Enabled Services are Changing the Face of Communications: A View from Technology Companies".

The Subcommittee heard from five CEOs of technology companies -- Edward Zander (Motorola), Patricia Russo (Lucent), Irwin Jacobs (Qualcomm), Andy Mattes (Siemens), and Michael Quigley (Alcatel). The witnesses reviewed developments in wireless and internet protocol (IP) enabled services. They also offered their recommendations for how the Congress can promote new services.

Jacobs said in his prepared testimony that the Congress can "Make more spectrum available for advanced wireless services by establishing in law a hard end date of December 31, 2006 to end the digital TV transition", "Maintain the current allocations of licensed wireless spectrum below 1 GHz", "Ensure that before unlicensed devices are permitted to operate in licensed spectrum that there is clear and convincing proof that they will not cause harmful interference to the licensed services", and "Encourage the FCC not to impose any regulatory barriers that impede the delivery of VoIP over PCS or cellular platforms".

Motorola's Zander said in his prepared testimony that "The Congress must act to preempt state regulation of VoIP." He also recommended "a light regulatory touch for IP-enabled services", and praised Rep. Chip Pickering (R-MS), Rep. Rick Boucher (D-VA0, and Rep. Clifford Stearns (R-FL) for their legislative efforts.

On January 4, 2005, Rep. Cliff Stearns (R-FL) and Rep. Rick Boucher (D-VA) introduced HR 214, the "Advanced Internet Communications Services Act of 2005". This is a reintroduction of a bill from the 108th Congress, HR 4757, the "Advanced Internet Communications Services Act of 2004". For a summary of the Stearns Boucher bill, see story titled "Rep. Stearns and Rep. Boucher Introduce VOIP and Internet Regulation Bill" in TLJ Daily E-Mail Alert No. 935, July 12, 2004.

Also, Rep. Pickering introduced HR 4129 in the 108th Congress. It is titled the "VOIP Regulatory Freedom Act of 2004". See, story titled "Sununu and Pickering Introduce VOIP Regulatory Freedom Bills" and story titled "Summary of VOIP Regulatory Freedom Bills", both published in TLJ Daily E-Mail Alert No. 872, April 8, 2004.

Zander also said that "The Congress must clarify the jurisdictional nature of IP-enabled services, beginning with VoIP, and establish a unified and rationalized regulatory paradigm for new advanced IP-enabled services that are agnostic to the platform. Such transformative transmissions should not be subject to each of the differing sets of legacy regulation that apply to each platform subset of the Seamless Mobility experience."

He elaborated that "a discrete communication that originates, traverses, and or terminates on a variety of different platforms such as wireless, broadcast, fiber, traditional telephone lines, or satellite, should not be subject to disparate and multiple regulatory treatments. With the advent of Seamless Mobility, the network supports the consumer not matter where they are -- the law should not impose artificial physical constraints either."

He also said that "we applaud the FCC's decision establishing federal jurisdiction for Vonage". See, story titled "FCC Adopts Order on Vonage's VOIP Petition" in TLJ Daily E-Mail Alert No. 1,015, November 10, 2004.

Siemens' Mattes said in his prepared testimony that "the overriding goal of any policy should be to promote the accelerated design, development, deployment and adoption of converged, packet-based broadband infrastructures, applications and services. The FCC's recent order exempting new fiber-based broadband networks from regulation is a good model to follow."

Second, said Mattes, "Voice over Internet Protocol is not a service, but a technology that enables multiple new services. Therefore, we recommend that this technology be exempt from traditional telecommunications regulation." He too praised Rep. Pickering, Rep. Boucher and Rep. Stearns.

Third, "new rules should be applied evenly across network platforms. Providers who are similarly situated should face the same rules when providing the same services. With this in mind, Congress should regulate down."

Lucent's Russo said in her prepared testimony that Congress should "ensure that sufficient allocations of cleared licensed spectrum are available on a timely basis to service providers that are rolling out powerful new 3G networks".

She also advocated "increased support for favorable R&D treatment and other mechanisms, such as increased government funding for advanced telecommunications research, to accelerate research into these new technologies."

Alcatel's Quigley said in his prepared testimony that "for IP technologies to flourish in the U.S., we need an environment that encourages services providers to invest in IP-based networks ... This also requires a level playing field in which all players have an equal opportunity to rapidly deploy IP technologies without unreasonable constraints or disincentives."

He also advocated engineering and science education.

Rep. Fred Upton (R-MI), the Chairman of the Subcommittee, presided. He argued for "deregulatory parity". He asked the witnesses about the consequences of applying current telecommunications regulation to new IP enabled services. The witnesses concurred that it would place consumers, their companies, and the U.S. at a competitive disadvantage.

Rep. Joe Barton (R-TX), the Chairman of the full Committee, wrote in his prepared statement that "Congress needs to act to ensure that all companies have the right incentives to invest and innovate. Congress has the opportunity to enact legislation as significant to the communications industry as the Communications Act of 1934."

"If we create the right rules for IP-enabled services, Congress will be paving the way for strong economic growth", said Rep. Barton (at left). "But if we permit regulators to stifle IP-enabled services and fail to adopt new legislation, we will have missed a significant opportunity to ensure that the United States remains the preeminent source of technological innovation."

Rep. Barton focused his questions to witnesses on why the U.S. is 13th in the world in broadband deployment. Some witnesses pointed out that population density is a factor. Rep. Barton also suggested, as did Rep. Pickering later, that federal preemption is necessary.

Rep. Ed Markey (D-MA), the ranking Democrat on the Subcommittee, pursued two main lines of questioning. First, he asked the witnesses whether they support or oppose allowing municipalities and public utilities to provide broadband services in their communities, provided that it is done on a competitive, equal, and non-discriminatory basis.

None of the witnesses expressed opposition. Russo, for example, said it would be appropriate, as Rep. Markey worded the question, but that the problem is "how do you assure that everything is equal". Quigley answered that it would be appropriate, if it were competitive, and not publicly funded. Mattes said that it would be appropriate, if there were a level playing field.

This panel of witnesses was comprised of companies that sell technology to service providers. The service providers that would have to compete against government run, government subsidized, or government favored broadband providers, were not represented on the panel.

Rep. Markey also asked the witnesses whether they support an open architecture model for IP enabled services. All of the witnesses expressed support. Zander said that "it is essential". Quigley said that it is the cornerstone of interoperability.

Rep. Markey also asked whether the government should subsidize broadband service, and whether the Carterphone decision should be revisited.

Rep. Stearns and Rep. Boucher used the hearing to promote the bill the they are cosponsoring, HR 214. One notable difference between their approach and that of Rep. Pickering is that their bill applies broadly to "advanced Internet communications service", while Rep. Pickering's bill applies to "VOIP applications".

Rep. Boucher (at right) asked the witnesses whether they agree that Congressional legislation should encompass all IP applications, rather than just VOIP. None of the witnesses disagreed.

Rep. Boucher was less successful when he asked the witnesses whether they support prohibiting discriminatory treatment. That is, he argued that cable modem service providers and DSL service providers should not be able to discriminate in favor of their own products. Rep. Boucher made a plea for not interfering with the broad functionality of the internet, and consumers' access to web sites.

Several witnesses politely suggested that this is a complex issue which they would like to study further. None endorsed Rep. Boucher's notion of nondiscrimination.

For further discussion this issue, see story titled "Cato Study Opposes FCC Imposition of Network Neutrality" in TLJ Daily E-Mail Alert No. 816, January 15, 2004.

Several members of the Subcommittee who represent rural areas, including Rep. Barbara Cubin (R-WY) and Rep. Greg Walden (R-OR), raised the issue of universal service subsidies. Witnesses suggested that forthcoming IP based wireless services may enable providers to offer services in rural areas at reasonable prices. That is, Congress should look to new technologies, rather than taxes and subsidies.

Rep. John Shimkus (R-IL) advocated E911 services, and discussed an example of a VOIP subscriber who did not have E911 service. He also advocated reverse E911 services. He stated that reverse E911 occurs when public safety officials have the ability to contact people in a particular area to warn them of a threat.

Rep. Mike Ferguson (R-NJ), whose New Jersey district is the home to Lucent, and many Lucent workers, focused on what technology companies are doing to promote network security.

Rep. Jay Inslee (D-WA) quipped that new IP-enabled services have made it possible for constituents to chew out their Congressmen from anywhere at any time.

2/9. The House Commerce Committee approved HR 310, the "Broadcast Decency Enforcement Act of 2005", without amendment, on a roll call vote of 46-2.

Rep. Fred Upton (R-MI), Rep. Ed Markey (D-MA), Rep. Joe Barton (R-TX), and Rep. John Dingell (D-MI) introduced HR 310 on January 25, 2005. They are the Chairmen and ranking Democrats on the Subcommittee on Telecommunications and the Internet, and the full Commerce Committee. It has 57 sponsors.

This bill is similar to HR 3717 (108th Congress), titled the "Broadcast Decency Enforcement Act of 2004". The House approved that bill on March 11, 2004 by a vote of 391-22. See, Roll Call No. 55. However, the Senate did not approve the House bill. See also, S 2056 (108th Congress), also titled the "Broadcast Decency Enforcement Act of 2004".

See also, stories titled "House Passes Broadcast Decency Bill" in TLJ Daily E-Mail Alert No. 855, March 15, 2004, and "House Commerce Committee Passes Broadcast Decency Enforcement Act" in TLJ Daily E-Mail Alert No. 851, March 8, 2004.

HR 310 would amend the Communications Act by increasing the maximum penalty for obscene, indecent, or profane material in radio or television broadcasts from $32,500 to $500,000 per violation.

HR 310 also would enable the FCC to compel violators to broadcast advertisements. It provides that "in addition to imposing a penalty under this section, require the licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children. Such announcements may be required to reach an audience that is up to 5 times the size of the audience that is estimated to have been reached by the obscene, indecent, or profane material".

The bill also requires the FCC to hold license revocations hearings for three time offenders.

The bill also increases maximum penalties for individual performers.

Finally, the bill states that it is the "sense of the Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters".

Rep. Upton (at right) stated that "This legislation would significantly enhance the Federal Communications Commission's broadcast decency enforcement authority. As stewards of the public's airwaves, radio and television broadcasters have an obligation to abide by the decency laws which have been on the books for decades and have been upheld in the courts. Most of our local broadcasters act responsibly, but there are still to many who continue to push the envelope of indecency during the hours of 6:00 a.m. to 10:00 p.m., when children are most likely to be in the audience."

He added that "Currently, the maximum fine which the FCC can impose for violation of the decency laws is $32,500 per violation, which, to some broadcasters, is merely the ``cost of doing business´´ and, as such, is hardly a deterrent."

Rep. Greg Waldon (R-OR), who is a member of the Committee, and the owner of five radio stations, said that $500,000 is more than some stations are worth, and "a few indecent expressions, and you could loose it all".

While the vote on the bill was overwhelming, there was criticism during the Committee's debate.

First, several members argued that the bill does not go far enough. Rep. John Shimkus (R-IL) and Rep. Nathan Deal (R-GA) pointed out that the bill only applies to radio and television broadcasting. They said that it should also apply to cable television, satellite television, and satellite radio. However, they voted for the bill.

Rep. Deal also said that the Committee should reconsider cable programming when it rewrites the telecommunications laws.

No one argued that the bill should be extended to web casting, or internet based delivery of video or audio programming.

Rep. Al Wynn (D-MD) rebutted the arguments of Rep. Shimkus and Rep. Deal. He said that cable should be treated differently because it is materially different. Broadcast radio and television are free and over the air, while people "invite" cable into their homes.

Rep. Henry Waxman (D-CA) argued that the bill "has a chilling impact" on freedom of speech. He said that broadcasters, for fear of complaints and fines, are not broadcasting movies such as Schindler's List and Saving Private Ryan.

Rep. Janice Schakowsky (D-IL) argued that "big brother is put in charge of judging what is artistic expression". She suggested that political expression could be next. She added that she is "more concerned about infringing upon free speech", than broadcast displays of Janet Jackson's anatomy.

Rep. Schakowsky offered two amendments pertaining to penalties for individual performers. They were rejected by voice votes.

In the end, only Rep. Waxman and Rep. Schakowsky voted against the bill. Although, some members did not cast votes.

1/31. The Congressional Joint Committee on Taxation released a report [435 pages in PDF] titled "Options to Improve Tax Compliance and Reform Tax Expenditures". It includes a listing and analysis of three options for expanding the scope of the current excise tax on phone service.

It is a huge report that covers many topics. Section X addresses "Excise Taxes". Subsection A of Section X its titled "Modify the Federal Excise Tax on Communications Services". This is at pages 368-378 (PDF pages 373-383).

The report offers three options for expanding the existing three percent excise tax on telephone service to other services and new technologies. The broadest proposal would expand the excise tax "to include all data communications services to end-users. The taxable base includes local and long distance voice services, VOIP, analog and digital cellular and satellite telephone services, cable and satellite television services (to the extent the charge is for communications), broadband and dial-up Internet access services, paging services, and other data communications services." (Parentheses in original.)

While this report offers proposals for expanding the tax, there is also a long running effort to eliminate the tax altogether. There were substantial efforts in the 105th, 106th, 107th and 108th Congresses to repeal this tax. See, for example, HR 3648 in the 105th Congress, HR 3916 in the 106th Congress, HR 236 in the 107th Congress, and HR 2957 in the 108th Congress.  The House passed HR 3916 on a roll call vote of 420-2, on May 25, 2000. See, Roll Call No. 233. However, the full Senate did not pass the bill. HR 236 had 149 sponsors.

Current Statute. 26 U.S.C. § 4251 provides that "There is hereby imposed on amounts paid for communications services a tax equal to ... 3 percent".

§ 4251(b) provides that the term ''communications services'' means "(A) local telephone service; (B) toll telephone service; and (C) teletypewriter exchange service".

26 U.S.C. § 4252 provides further definition of these three terms. It defines "local telephone service" as "(1) the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, and (2) any facility or service provided in connection with a service described in paragraph (1)".

§ 4252 defines ''toll telephone service'' as "a telephonic quality communication for which ... there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication ..."

JCT Report. The report states that "There is no compelling policy argument for imposing taxes on communications services". Rather, it "raises a significant amount of revenue. According to the IRS, the communications excise tax raised approximately $5.8 billion in 2003." However, the report does not estimate how much more would be collected if the tax were expanded.

The report states that "The present communications excise tax provisions were enacted before the development of most modern technology -- the growth of computers and new electronic means of communication. The proliferation of wireless communications technology and the Internet, and in particular broadband access, has blurred the lines between “data” and “voice” and between the functions of transmission and application."

It also asserts that "service providers have found it increasingly difficult to determine which services are taxable communications services and which are nontaxable information services."

The report then proposes three options. The first options does not address new VOIP or other IP enabled services. Rather, it only expand the tax to "both local and nonlocal (long distance) voice telephone services, regardless of whether the charges are fixed or vary with distance, elapsed transmission time, both, or some other criteria. Definitions are clarified to remove any distinction between the calculation of taxes on local and long distance telephone services, and to clarify that the tax is intended to apply to landline and wireless (including satellite) voice communications services."

The second proposal includes the first proposal, and adds other types of voice communications services, including "digital wireless, satellite and VOIP, or any combination".

The third proposal includes the first and second proposals, and also "all data communications services".

The report also states that "Extending the tax to all communications requires taxing Internet access, bandwidth capacity, and the transmission of cable and satellite television, as these are close substitute means for delivery of information and other content."

See also, related story titled "IRS Publishes Advance NPRM Regarding Expanding the Excise Tax on Telephones to Include New Technologies" in TLJ Daily E-Mail Alert No. 931, July 6, 2004.

2/9. Sen. Mark Dayton (D-MN) announced that he will not run for re-election in 1996. He wrote in a statement that "Everything I have worked for and everything I believe in depend upon this Senate seat’s remaining in the Democratic Caucus in 2007. I do not believe that I am the best candidate to lead the DFL Party to victory next year. I cannot stand to do the constant fund-raising necessary to wage a successful campaign, and I cannot be an effective Senator while also being a nearly full-time candidate. Thus, I am choosing to devote all of my time and energy to the job Minnesotans have elected me to do."

2/9. President Bush named William McGurn Assistant to the President for Speechwriting. McGurn previously worked for News Corporation, the Wall Street Journal (including as chief editorial writer), the Far Eastern Economic Review, and the National Review. See, White House release.

2/8. James Hance joined the Board of Directors of Sprint. He was previously Vice Chairman of Bank of America Corporation. See, Sprint release.

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

The Senate will meet at 9:30 AM. It will resume consideration of S 5, the "Class Action Fairness Act of 2005".

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

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. The House Homeland Security Committee will hold a hearing on the President's budget proposal for FY 2006 for homeland security. Location: Room 2261, Rayburn Building.

10:00 AM. The House Science Committee will hold an organizational meeting. Location: Room 2318, Rayburn 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.

POSTPONED. 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.

11:00 AM. Secretary of Commerce Carlos Gutierrez and Under Secretary of Commerce for Intellectual Property Jon Dudas will preside over a ceremony to award the 500,000th design patent. Gutierrez, who is from the state of Michigan, will award the patent to DaimlerChrysler Corporation, which has facilities in Michigan. Location: Department of Commerce, Main Entrance, 14th Street, NW.

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.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The Federal Reserve's First Monetary Policy Report to Congress for 2005". Federal Reserve Board Chairman Alan Greenspan will testify. See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled "Transforming Government for the 21st Century". See, notice. Location: Room 342, Dirksen Building.

11:00 AM - 1:00 PM. The House Science Committee will hold a hearing titled "An Overview of the Federal R&D Budget for Fiscal Year 2006". The scheduled witnesses are John Marburger (Director of the White House Office of Science and Technology Policy), Samuel Bodman (Secretary of Energy), Arden Bement (Director of the National Science Foundation), Charles McQueary (Undersecretary for Science and Technology at the Department of Homeland Security), and Theodore Kassinger (Deputy Secretary of Commerce). Press contact: Joe Pouliot at 202 225-0581. Location: Room 2318, Rayburn Building.

12:30 - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Mel Karmazin, CEO of Sirius Satellite Radio. Prices range from $35 to $65. The deadline to register is February 11. See, registration form [MS Word]. Location: Mayflower Hotel, East Room, 1127 Connecticut Ave., NW.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet by teleconference to prepare for the International Telecommunications Union's (ITU) Telecommunication Standardization Advisory Group (TSAG) 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 call in information, contact Julian Minard at minardje@state.gov.

Day four 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding BellSouth's and Sprint's petition for reconsideration of the FCC's schools and libraries Fifth Report and Order. The FCC adopted this 5th R&O at its August 4, 2004 meeting, and released it on August 13, 2004. See, FCC Public Notice (DA 05-103). This 5th R&O is FCC 04-190 in CC Docket No. 02-6.

Deadline to submit comments to the Copyright Office in response to its notice in the Federal Register requesting comments regarding whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (CARP) system or the new Copyright Royalty Judge (CRJ) system. See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3738 - 3739.

9:00 - 11:00 AM. The DC Bar Association will host a panel discussion titled "Broadband Over Power Lines: Does It Work, How Does It Work, and How Will It Be Regulated?" The scheduled speakers are Kathleen Abernathy (FCC Commissioner), Nora Brownell (Federal Energy Regulatory Commission), Laura Chappelle (Chairman of the Michigan Public Service Commission), James Bolin (Current Technologies), Jonathan Frankel (Wilmer Cutler Pickering Hale & Dorr), and David Konuch (Fleischman & Walsh). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in SBC Communications v. FCC, No. 03-1147, a petition for review of a Forfeiture Order in which the FCC held that SBC violated the provision of the FCC's order approving the merger of SBC and Ameritech which required SBC to offer access to the shared transport element of its telephone network to competitors in five midwestern states. See, FCC's brief [38 pages in PDF]. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in MGM v. Marybeth Peters, No. 04-5142, and Universal City Studios v. Marybeth Peters, No.04-5138.  Judges Edwards, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Federal Communications Commission's (FCC) will host an event titled "Telecommunications Services Priority (TSP) Summit". See, notice and agenda [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

10:00 AM. Alan Greenspan, Chairman of the Federal Reserve Board, will testify before the House Financial Services Committee on monetary policy and the state of the economy. Location: Room 2128, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Developments In U.S.-Russian Trade And Business Relations". The scheduled speakers are Andrey Dolgorukov (Trade Representative of the Russian Federation to the U.S.), Eugene Lawson (P/CEO of the U.S.-Russia Business Council), Richard Dean (Coudert Brothers), and Geoffrey Goodale (Gardner Carton & Douglas). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

1:30 PM. The House Ways and Means Committee's Subcommittee on Trade will hold an organizational meeting. Location: Room 1129, Longworth Building.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) WRC 07 Advisory Committee, Informal Working Group 3: IMT-2000 and 2.5 GHz Sharing Issues will meet. See, FCC notice [PDF]. Location: FCC, 445 12th Street, SW, South Conference Room (6th Floor, Room 6-B516).

4:00 PM. Glynn Lunney (Tulane University Law School) will present a draft paper titled "Patents and Growth: Empirical Evidence from the States". 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2FNPRM) regarding reducing barriers to secondary markets for spectrum rights. See, notice in the Federal Register, December 27, 2004, Vol. 69, No. 247, at Pages 77560 - 77568. This 2FNPRM is a part of a larger item that the FCC adopted on July 8, 2004, and released on September 2, 2004. See, story titled "FCC Adopts Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 934, July 9, 2004; and story titled "FCC Releases Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 969, September 3, 2004. See also, story titled "FCC Sets Comment Deadlines on 2FNPRM Regarding Secondary Markets for Spectrum" in TLJ Daily E-Mail Alert No. 1,045, December 28, 2004.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Qualcomm's Petition for Declaratory Ruling seeking clarification of rules and the establishment of a streamlined review process to accelerate the deployment of new services in the 700 MHz band. See, FCC Public Notice (DA 05-87). This proceeding is WT Docket No. 05-7.

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