2/10. The Senate approved S 5, the "Class Action Fairness Act of 2005", by a vote of 72-26. See, Roll Call No. 9. All of the votes against the bill were cast by Democrats.

This bill would amend Title 28 of the U.S. Code by adding a new Chapter 114 pertaining to class actions, by adding a new Section 1332 that creates federal jurisdiction over certain class action litigation, and by adding a new Section 1453 regarding the removal of certain class actions to federal court.

A key provision of the bill creates jurisdiction in U.S. District Courts over class actions in which the aggregate amount in controversy exceeds $5 Million and any member of a plaintiff class is a citizen of a different state from any defendant. For more on this bill, see story titled "Senate Judiciary Committee to Mark Up Class Action Fairness Act" in TLJ Daily E-Mail Alert No. 1,068, February 2, 2004.

The Senate rejected an amendment offered by Sen. Russ Feingold (D-WI) that would have established time limits for action by U.S. District Courts on motions to remand cases that have been removed to U.S. District Courts. It failed by a vote of 37-61. See, Roll Call No. 8. (This is Senate Amendment 12, published in the Congressional Record, February 9, 2005, at Page S1216.)

The House approved a similar bill in the 108th Congress. It may approve the Senate bill as early as next week.

President Bush has been an active proponent of this bill. He issued a statement. "Our country depends on a fair legal system that protects people who have been harmed without encouraging junk lawsuits that undermine confidence in our courts while hurting our economy, costing jobs, and threatening small businesses. The class action bill is a strong step forward in our efforts to reform the litigation system and keep America the best place in the world to do business. I applaud the strong bipartisan majority in the Senate for passing this bill, and I call on the House to act promptly so that I can sign it into law."

In addition, the President Bush gave a speech on February 9 on class action litigation reform.

Tom Donohue, P/CEO of the U.S. Chamber of Commerce, stated in a release that "The Senate has taken a critical step toward granting families, consumers and employers relief from the heavy burden of lawsuit abuse ... Now it's time for the House to finish the job and take back our civil justice system from plaintiffs’ lawyers seeking jackpot justice."

2/10. The House Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection scheduled a meeting to mark up HR 29, the "Securely Protect Yourself Against Cyber Trespass Act", or SPY Act, on Wednesday, February 16, 2005.

This bill prohibits certain conduct with respect to spyware, and gives the Federal Trade Commission (FTC) civil enforcement authority. The House Committee Committee (HCC) held a hearing on this bill on January 26, 2005. At that time Rep. Barton predicted that HR 29 would go straight to full Committee markup. See, story titled "House Commerce Committee Holds Hearing on Spyware Bill" in TLJ Daily E-Mail Alert No. 1,064, January 27, 2005.

HR 29, the HCC's spyware bill, contains only provisions that fall within the jurisdiction of the HCC. The House Judiciary Committee (HJC) has jurisdiction over bills to amend the criminal code. Hence, provisions that criminalize spyware related conduct fall within the jurisdiction of the HJC.

In the current 109th Congress, as in the 108th Congress, the two committees have each advanced their own bill. The House bill is HR 744, the "Internet Spyware (I-SPY) Prevention Act of 2005".

The House approved both spyware bills late in the 108th Congress. However, the Senate did not approve either.

The House approved the HCC's HR 2929 (108th Congress), also titled the SPY ACT, by a vote of 399-1 on October 5, 2004. See, Roll Call No. 495. See also, story titled "House Passes First Spyware Bill" and story titled "Summary of House Commerce Committee Spyware Bill" in TLJ Daily E-Mail Alert No. 991, October 6, 2004.

The House approved HJC's HR 4661 (108th Congress), the "Internet Spyware (I-SPY) Prevention Act of 2004", by a vote of 415-0 on October 6, 2004. See, Roll Call No. 503. See also, story titled "House Approves Second Spyware Bill" in TLJ Daily E-Mail Alert No. 993, October 8, 2004.

2/10. Rep. Bob Goodlatte (R-VA), Rep. Zoe Lofgren (D-CA), and others, introduced HR 744, the "Internet Spyware (I-SPY) Prevention Act of 2005". Rep. Goodlatte, who is a senior member of the House Judiciary Committee, introduced a similar bill in the 108th Congress, HR 4661, titled "Internet Spyware (I-SPY) Prevention Act of 2004".

The present bill is substantially identical to the bill as approved by the full House on October 6, 2004. It makes minor technical changes, such as updating the fiscal years referenced in the section authorizing appropriations.

This bill adds a new Section 1030A to the Criminal Code titled "Illicit indirect use of protected computers". It creates three criminal prohibitions.

First, it prohibits use of spyware in furtherance of other federal crimes. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both."

Second, it prohibits of spyware related theft of personal information with intent to defraud. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code ... intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer ... shall be fined under this title or imprisoned not more than 2 years, or both."

Third, it prohibits spyware related impairment of computer security features. It provides that "Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code ... intentionally impairs the security protection of the protected computer ... shall be fined under this title or imprisoned not more than 2 years, or both."

This bill also precludes certain private civil litigation based upon violation of these new prohibitions. It provides that "No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section."

The bill also includes an authorization for the appropriation of $10 Million for each of fiscal years 2006 through 2009 for prosecutions related to spyware and phishing.

It also exempts law enforcement, investigative, and intelligence activities of government entities. It provides that "This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States."

2/9. Sen. Ted Stevens (R-AK) gave a speech in Washington DC in which he discussed information and communications technologies, and revising the relevant legal framework.

Sen. Stevens (at right), who is the new Chairman of the Senate Commerce Committee, stated that "The time has come to ensure that our communications laws keep pace with our communications advancements that we all know exist."

He also discussed his work on the Telecommunications Act of 1996. He said that "We talked very little about the Internet then. I was one of the cosponsors and one of the conferees on that bill before it became law. And, now, less than 10 years after its passage, it's obvious that it's necessary to rewrite it or to amend it -- we're not sure exactly what we’re going to do. The Internet was in its infancy when that Act was written and, although we did talk of tumbling technology, and knew that the Internet would evolve and converge, we really did not discuss in that Conference".

He did not say what new provisions will be included in new legislation. Rather, he discussed the process that he will pursue, and the issues that he thinks are important.

He said that "We will work with our colleagues and listen to testimony from people around the country before we commit to a specific plan of action on any issue." He added that "communications would be a Full Committee issue for this Congress". There is no longer a Communications Subcommittee. He also said that "We're not going to believe in hearings". Rather, Senators and staff will meet with groups of interested parties.

He also discussed what he thinks are the important issues. "As we review the nation's communications laws, Senator Inouye and I will not start by putting pen to paper, but by asking questions -- questions of our staffs, questions of almost everyone we meet. So, let me tell you some of the questions that we want to ask:"

• "What can we do to remove barriers to entry for new technologies?
• What can we do to provide certainty and promote capital investment in new technology?
• How can we enable the Internet to improve lives and keep America competitive in the global marketplace?
• Are our anti-spam laws working, or is there more we could do and should do?
• Should states be permitted to tax phone service that is provided over the Internet, or should we make the tax moratorium that the last Congress approved permanent?
• When it comes to spyware, how can we satisfy Americans’ need for privacy with the need for innovation and growth in the e-business community?
• Should Voice-Over IP be free of regulation, or should it pay into the Universal Service Fund?
• In this age of global terrorism, how can we best address law enforcement’s needs in the new VOIP environment?
• Should telephone companies be required to acquire a cable franchise if they provide video movies and shows that compete with cable?
• Should we protect movie producers, musicians, and other artists from piracy, or should we allow all material to be exchanged freely over the Internet even if some of it was stolen?"

The final issue deals with intellectual property, and hence, falls within the jurisdiction of the Senate Judiciary Committee. Also, several of the other issues, such as spam, spyware, and CALEA and other law enforcement issues, to the extent that they involve criminal provisions, also entail Senate Judiciary Committee jurisdiction.

Sen. Stevens concluded that "We hope to move away from a paradigm that puts each issue or technology into its ``proper´´ regulatory box. Instead, our emphasis will be on convergence and how to foster continued creativity and continued innovation in the whole communications field."

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Second Report and Order and First Order on Reconsideration. The FCC issued a short release [2 pages in PDF], and each of the five Commissioners wrote statements.

The FCC release states that this order "(1) affirms the Commission's tentative conclusion not to impose a ``dual carriage´´ requirement on cable operators (which would have required them to simultaneously carry broadcasters' analog and digital signals); and (2) affirms the Commission's prior determination that cable operators are not required to carry more than a single digital programming stream from any particular broadcaster." (Parentheses in original.)

While cable industry representatives expressed satisfaction with the FCC's order, the National Association of Broadcasters (NAB) said that it will fight on, in the courts, and in the Congress.

The FCC release also states that the order finds that "mandatory dual carriage is not necessary either to advance the governmental interests as identified by Congress and the Supreme Court, or to achieve the digital television transition."

This release also states that "With regard to the digital multicasting issue, the Commission affirmed its earlier conclusion and declined to require cable operators to carry any more than one programming stream of a digital television station. Although the Commission found that the operative statutory language at issue is ambiguous on the subject of multicast must carry, it also found on the current record, that such a requirement is not necessary to further the purposes of the must carry statute, as defined by the Supreme Court."

FCC Chairman Michael Powell (at right) wrote in a separate statement that "Today we hold that Congress did not give broadcasters the statutory right to free carriage of all their channels on a cable provider’s system. This is the second time we have held the statute does not authorize ``multi-casting.´´ New digital technology allows broadcasters to take what once was one channel, and divide it into four to six or even more channels as compression technology advances. While that affords them expanded business opportunities, we hold nonetheless the statute limits cable carriage rights to one. They, of course, remain at liberty to commercially negotiate for carriage of other channels, just as public broadcasters have recently done and as other cable programmers must do."

In contrast, FCC Commissioner Kevin Martin wrote in a separate statement [PDF] that the FCC "made a policy judgment that the benefits of this programming were outweighed by the burden on cable operators. I disagree. I think the public would benefit more from more free programming."

Martin (at left) argued that "by denying cable carriage to all but one of the potential broadcast streams, this Order effectively prevents any broadcaster relying on ``must carry´´ from investing in multiple programming streams."

He added that "this decision will have the most adverse impact on small, independent, religious, family-friendly and minority broadcasters. Network stations and most large-market broadcast affiliates are likely to get their signals carried through retransmission consent; must-carry was never about these large broadcasters."

Edward Fritts, P/CEO of the National Association of Broadcasters (NAB), stated that the NAB will seek judicial review, and a change in the statute.

He wrote in a statement that "In Washington, there are no final victories and no final defeats. We salute Commissioner Martin for recognizing the importance of providing additional programming choices for consumers. NAB will be working to overturn today's anti-consumer FCC decision in both the courts and in Congress. We look forward to the fight, because consumers deserve more. And broadcasters will continue to serve our communities, because that is what local stations do best."

Robert Sachs, the outgoing P/CEO of the National Cable & Telecommunications Association (NCTA), praised the FCC order. He wrote in a statement that "Today's decision is a major victory for consumers because it ensures that the marketplace, not government, will determine which programs local cable systems carry, ensuring greater consumer choice, and more diverse and better quality programming."

Sachs added that "Cable operators want to carry HDTV and other compelling digital TV content, especially if that content addresses local needs. In fact, cable operators already carry the digital signals of more than 500 local TV stations. To further advance the DTV transition, on January 31, 2005, the National Cable & Telecommunications Association, the Association of Public Television Stations, and the Public Broadcasting Service announced a long-term agreement that will ensure the carriage of public TV stations' digital signals on cable systems." See, story titled "Digital Multicasting Must Carry Developments" in TLJ Daily E-Mail Alert No. 1,073, February 9, 2005.

FCC Commissioner Kathleen Abernathy wrote in a separate statement [3 pages in PDF] that the FCC "lacks authority to mandate either dual carriage or multicast carriage". Commissioner Michael Copps wrote in a separate statement [4 pages in PDF] that he concurs in this item, but with many reservations. Commissioner Jonathan Adelstein wrote in a ten page concurring statement [PDF].

This item is FCC 05-27 in CS Docket No. 98-120.

2/10. The U.S. Court of Appeals (9thCir) issued an order [PDF] granting a motion for rehearing en banc in Yahoo v. LICRA. The underlying dispute involves a French court's order censoring a web site located in the U.S. The issue currently before the Court of Appeals is whether the U.S. District Court has personal jurisdiction over the French parties.

In an action in France, La Ligue Contre La Racisme et L'Antisemitisme (LICRA) and L'Union Des Etudiants Juifs de France (UEJF) sued Yahoo and obtained a judgment ordering Yahoo to stop publishing certain material in its web site located in the U.S.

In the present action, Yahoo sued these French entities in the U.S. District Court (NDCal) seeking a declaratory judgment that the French judgment is unenforceable in the U.S. because it violates the First Amendment. The French entities argued that the U.S. Court lacks personal jurisdiction over them, notwithstanding the circumstances that their actions are directed at the censoring and fining of a business located in the Northern District of California.

On June 7, 2001, the District Court issued its Order Denying Motion to Dismiss [PDF] in which it rejected the French defendants' argument the Court lacks personal jurisdiction. See, story titled "U.S. Has Jurisdiction over French Defendants in Yahoo v. LICRA" in TLJ Daily E-Mail Alert No. 205, June 11, 2001.

On November 7, 2001, the District Court issued its Order Granting Motion for Summary Judgment [PDF] in favor of Yahoo. See, story titled "NDCal: French Court Order Restricting Internet Speech is Unenforceable in U.S." in TLJ Daily E-Mail Alert No. 305, November 9, 2001.

However, on August 23, 2004, the Appeals Court issued its split opinion [34 pages in PDF] reversing the District Court. It held that the District Court lacks personal jurisdiction because the French defendants have not purposely availed themselves of the benefits of the forum. See, story titled "9th Circuit Reverses in Yahoo v. LICRA" in TLJ Daily E-Mail Alert No. 965, August 24, 2004.

This case is Yahoo, Inc. v. La Ligue Contre La Racisme et L'Antisemitisme and L'Union Des Etudiants Juifs de France, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. No. 01-17424, an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-00-21275-JF.

2/9. Microsoft published an essay in its web site on trade matters that affect intellectual property rights (IPR) protection.

Microsoft urges the Congress to vote to maintain U.S. membership in the World Trade Organization (WTO), to renew the President's trade promotion authority (giving the President authority to negotiate free trade agreements that the Congress can approve or reject, but not amend), and to approve the DR-CAFTA (a free trade agreement between the U.S., the Dominican Republic, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua).

Microsoft wrote that these things will "stimulate economic growth and sustain innovation here in the United States and around the world".

Microsoft added that "Particularly important to U.S. technology companies, DR-CAFTA mandates strong protection for U.S. patents, trade secrets and other intellectual property - continuing the progress made in other recent trade agreements. It also requires fair treatment for products delivered online, and requires that government procurement be open, transparent and based on merit. These policies are needed for the U.S. technology sector to compete fairly in global markets."

2/10. President Bush formally nominated Robert Zoellick to be Deputy Secretary of State. He is current the U.S. Trade Representative (USTR). He will replace Richard Armitage. President Bush had previously announced that he would make this nomination. See, White House release.

2/9. Carly Fiorina stepped down as Chairman and CEO of the Hewlett-Packard Company, effective immediately. Robert Wayman, HP's CFO was named CEO on an interim basis, and was appointed to the Board of Directors. Patricia Dunn, was named non-executive Chairman of the Board, effective immediately. See, HP release.

The House will not meet.

The Senate will not meet.

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

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.

The House will meet at 12:00 NOON.

The Senate will meet at 12:00 NOON. It will consider the nomination of Michael Chertoff to be Secretary of Homeland Security.

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.

10:00 AM. The Senate Commerce Committee will hold a hearing on President Bush's FY 2006 budget proposal for the Department of Homeland Security's (DHS) Transportation Security Administration (TSA) and related programs. Press contact: Melanie Alvord (Stevens) at 202 224-8456 or Andy Davis (Inouye) at 202 224-4546. Location: Room 253, Russell Building.

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 (Progressive Policy Institute), Stephen Slivinski (Cato) and Jim Harper (Cato) 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 House Commerce Committee's Subcommittee on Trade, Commerce and Consumer Protection will meet to mark up HR 29, the "The Securely Protect Yourself Against Cyber Trespass Act" or Spy Act. The meeting will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

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 House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Role of Technology in Achieving a Hard Deadline for the DTV Transition". The hearing will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

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. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR 683, the "Trademark Dilution Revision Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

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.

12:00 NOON. Glynn Lunney (Tulane University Law School) will give a lecture titled "Direct and Indirect Stock Price Reactions to Patent Decisions" as part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec@law.georgetown.edu, or Jay Thomas at 202 662-9925. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

Deadline to submit reply 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.

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