2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Further Notice of Proposed Rulemaking (FNPRM) in its long running proceeding regarding intercarrier compensation reform. The FCC issued a short release [3 pages in PDF]. Also, four Commissioners wrote brief statements.

This item does not provide the reformed intercarrier compensation regime for which this proceeding was initiated back in 2001. Nor does it resolve most of the issues that are the subject of petitions for declaratory rulings. These petitions had been on the agenda for the meeting, but were removed. Rather, the just adopted item is another NPRM.

The FCC adopted its original intercarrier compensation Notice of Proposed Rulemaking (NPRM) [70 pages in PDF] on April 19, 2001, and released it on April 27, 2001. It is FCC 01-132 in Docket No. CC 01-92. The present FNPRM is FCC 05-33, also in Docket No. 01-92.

This item also includes a FCC staff report on bill-and-keep.

Intercarrier compensation pertains to the flow of payments between telecommunications carriers that result from the interconnection of telecommunications networks, including access charges for long distance traffic, and reciprocal compensation.

The FCC's release briefly describes its "outmoded system". It states that it "relies on per-minute intercarrier payments that distinguish between different types of carriers and services, such as local and long-distance, or wireless and wireline, even though these distinctions often have no bearing on the cost of providing service. Furthermore, new technologies, such as Internet telephony, and new service offerings, such as bundled flat-rate packages, have eroded these distinctions."

The FCC has not released the FNPRM. Its short release states that four "common themes for reform have emerged", and that it seeks comment on seven of the proposals that have been submitted to it.

The FCC release lists the four themes. "First, any approach should encourage the development of efficient competition and the efficient use of and investment in telecommunications networks."

"Second, any approach must preserve universal service support, which ensures affordable rates for consumers living in rural and high-cost areas. Any proposal that would result in significant reductions in intercarrier payments should include a proposal to address the universal service implications of such reductions."

"Third, any approach must be technologically and competitively neutral. Given the rapid changes in telecommunications technology, new rules must accommodate continuing change in the marketplace, provide regulatory certainty and not impede novel technology."

"Finally, an approach that requires minimal regulatory intervention and enforcement is consistent with the competitive deregulatory environment of the 1996 Telecommunications Act. Proposals that rely on negotiated agreements between carriers might be preferable to regimes requiring detailed rules and regulations."

The seven proposals are as follows:

• Cost-Based Intercarrier Compensation Coalition's (CBICC) proposal [PDF].
• Intercarrier Compensation Forum's (ICF) proposal [PDF].
• Alliance For Rational Intercarrier Compensation's (ARIC) proposal [PDF], with appendix [PDF], appendix [PDF], and appendix [PDF].
• Expanded Portland Group's (EPG) proposal [PDF].
• National Association of State Utility Consumer Advocates' (NASUCA) proposal [PDF].
• Western Wireless' proposal [PDF].
• Home/PBT Telecom's proposal [PDF].

Outgoing FCC Chairman Michael Powell wrote in a separate statement [PDF] that he is "disappointed" that the FCC did not resolve the issues before it.

FCC Commissioner Kathleen Abernathy wrote in a separate statement [PDF] that "we are a long way from reaching consensus on appropriate reforms".

Abernathy (at right) continued that "most, if not all, industry and consumer groups recognize the crying need for change, and most appear to agree that we must develop a unified compensation system. The upcoming proceeding will determine whether the best solution is a unified system based primarily on bill-and-keep principles, or instead one that entails positive payments based on embedded or forward-looking costs".

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "Intercarrier compensation is a must-do item for this Commission this year. It should be our number one telecommunications priority."

Walter McCormick, P/CEO of the U.S. Telecom Association, stated in a release that "With technology and the telecom industry rapidly evolving, now is the time for the Commission to take a broad look at intercarrier compensation reform instead of dealing with this complicated regime on a piecemeal basis. Today's meeting was a positive step and we welcome the Commission’s comprehensive approach to these critical issues for the industry."

The FCC had previously listed on the agenda for this meeting the "Sprint Petition for Declaratory Ruling Regarding Obligation of Incumbent LECs to Load Numbering Resources and Honor Routing and Rating Points", and the "T-Mobile et al. Petition for Declaratory Ruling Regarding Incumbent LEC Wireless Termination Tariffs". See, Sprint's petition [PDF] and T-Mobile's petition [PDF].

Steve Largent, P/CEO of CTIA, which represents wireless service providers, stated in a release that "The FCC's failure to decide these petitions robs consumers in the very markets that would benefit most from additional competition ... Each FCC Commissioner and many members of Congress have on multiple occasions asked what could be done to improve service to rural consumers. Acting favorably on both petitions would be a significant step towards that goal and I hope action on both petitions will be forthcoming very soon. How can the FCC have any hope of reforming a hopelessly broken intercarrier compensation system if it cannot even restate long-settled FCC rules that have been repeatedly upheld by the courts?"

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that the FCC "appears poised to act on the termination tariff issues raised in the T-Mobile petition."

2/10. The Federal Communications Commission's (FCC) Wireless Broadband Access Task Force, announced, but did not release, a report on wireless broadband services. The FCC issued a release [2 pages in PDF] and an overview [15 pages in PDF] of the report, and FCC Chairman Michael Powell, who formed the task force, wrote a statement [PDF].

Powell formed the Wireless Broadband Access Task Force on May 5, 2004. See, story titled "FCC Forms Wireless Broadband Access Task Force" in TLJ Daily E-Mail Alert No. 892, May 6, 2004.

He wrote in his statement that the FCC "needs to continue to create an innovative regulatory environment that will provide opportunities beyond today’s technological horizon. The Task Force’s Report offers some concrete suggestions as to how we can make that possible and is a positive step for progress in implementing the Commission’s broadband vision."

The task force's overview states that "To ensure that our nation's regulatory policies concerning wireless broadband do not impede innovation or delay service availability across America, the FCC should be vigilant and proactive in identifying and understanding emerging technologies and in ensuring that existing regulatory policies do not get in the way of these advances. Innovative technologies call for innovative regulatory policies. And the American public benefits most when regulatory policies enable consumers and businesses to fully tap the benefits of emerging wireless technologies."

The overview then lists numerous recommendations. With respect to unlicensed devices, it recommends that the FCC "Promote voluntary frequency coordination efforts by private industry ... to mitigate potential interference among users of license-exempt spectrum", and promote voluntary industry best practices.

It also recommends that the FCC "Consider increasing the transmission power limits in certain bands available for use by unlicensed devices in order to improve their utility for license-exempt WISPs", "Work closely with license-exempt WISPs to address, on a proactive basis, their needs relating to FCC policies and regulations", and "Consider hosting a WISP forum on an annual or periodic basis".

It also states that the FCC should "Work closely with the wireless broadband industry to ensure that, where necessary, the FCC addresses unlawful intentional violations, such as jamming and power boosting, of the technical rules applicable to unlicensed wireless broadband devices."

The overview of the report also contains recommendations regarding spectrum management by the FCC. It does not include any recommendation to create a property rights regime in spectrum.

Rather, it states that the FCC should adopt more "flexible use", "additional flexibility", and "significant new flexibility". It also recommends that the FCC should "Further facilitate secondary market arrangements that provide wireless broadband service providers with easy access to licensed spectrum, in places and amounts that they need, and enhance opportunities for more efficient and ``dynamic´´´ sharing of the same spectrum among different users and uses made increasingly possible by today's and tomorrow’s technologies."

It recommends that the FCC improve and streamline its spectrum allocation and assignment process, and that the FCC should expedite the DTV transition.

It also recommends that the FCC should "When adopting spectrum band plans, consider new flexible configurations -- such as allowing pairing of asymmetric bands".

It also addresses regulatory classifications. It states that the FCC should "Consider classifying wireless broadband as an ``information service´´ -- consistent with the FCC’s determination regarding broadband services offered over cable networks and its tentative conclusion regarding broadband offered over wireline". It also states that the FCC should "Consider examining whether wireless broadband constitutes an ``interstate service´´ so as to minimize potential regulatory hurdles at both the federal and state level." And, the FCC should "consider clarifying the scope of state authority in setting ``other terms and conditions´´ relating to wireless broadband services so as to ensure that there is consistent and minimal state regulation of nationwide wireless broadband deployment."

The CTIA praised the report in a release.

2/10. The House approved HR 418, the "REAL ID Act of 2005", by a vote of 261-161. See, Roll Call No. 31. The Senate has not yet approved the bill. President Bush has expressed support for it.

Rep. James Sensenbrenner (R-WI) introduced HR 418 on January 26, 2005. However, he had sought, unsuccessfully, to have its language included in the intelligence reform bill that was enacted late last year.

He stated in the House on February 9 that "The goal of the REAL ID Act is straightforward. It seeks to prevent another 9/11-type terrorist attack by disrupting terrorist travel. The 9/11 Commission's terrorist travel report stated that 'abuse of the immigration system and a lack of interior enforcement were unwittingly working together to support terrorist activities.' The report further states that, 'members of Al Qaida clearly valued freedom of movement as critical to their ability to plan and carry out the attacks prior to September 11th.' Finally, the report observes, 'if terrorist travel options are reduced, they may be forced to rely on means of interaction which can be more easily monitored and to resort to travel documents that are more easily detectable."

The bill contains provisions related to the asylum system, deportation of aliens, and the San Diego border security fence. However, it also contains a title pertaining to drivers licenses and identification cards. It sets minimum requirements that states must follow in issuing drivers licenses and identification cards, and mininum requirements for the data included on, and features of, drivers licenses and identification cards.

The bill also includes a section that requires states to link electronic databases. It provides that "To be eligible to receive any grant or other type of financial assistance made available under this title, a State shall participate in the interstate compact regarding sharing of driver license data, known as the `Driver License Agreement', in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States."

2/4. Federal Reserve Board (FRB) Chairman Alan Greenspan gave pair of speeches in the United Kingdom in which he discussed, among other topics, information technology.

On February 4 he gave a speech in London, England titled "Current Account", in which he discussed the role of information technology in globalization. He said that "The advance of information and communication technology has effectively shrunk the time and distance that separate markets around the world. The vast improvements in these newer technologies have broadened investors' vision to the point that foreign investment appears less exotic and risky. Combined with improvements in transportation networks, these developments have expanded the range of tradable goods and services that can be brought to each market and have enabled greater integration of the productive resources of national economies."

He continued that "Both deregulation and technological innovation have driven the globalization process by tearing down the barriers that have separated economic agents, thus lowering costs. The effect of these developments has been to markedly increase the willingness and ability of financial market participants to reach beyond national borders to invest in foreign countries, just as a century and more ago savings moved beyond local investment opportunities to develop national markets."

Then, on February 6, he gave a speech in Kirkcaldy Scotland titled "Adam Smith" in which he praised Adam Smith, free markets and free trade. He also said that "Although workers in developed and many emerging nations have witnessed an extraordinary rise in living standards, some shadow of worker angst of the earlier period remains. Today's vast technological advances and the labor turnover associated with it have not sparked the violence of the early nineteenth-century Luddites, but they are nonetheless associated with significant job insecurity."

2/11. The Copyright Office (CO) published a notice in the Federal Register that announces technical corrections to the CO's final rule, announced on December 28, 2004, permitting copyright applicants to request reconsideration of decisions to refuse registration. See, Federal Register, February 11, 2005, Vol. 70, No. 28, at Page 7177.

2/10. The Department of Commerce's Bureau of Industry and Security (BIS) released its annual report to the Congress titled "2005 Report on Foreign Policy-Based Export Controls". See especially, Chapter 9, titled "High Performance Computers", and Chapter 10, titled "Encryption".

2/10. Microsoft and Pfizer announced that they have initiated various proceedings against companies that sell purportedly generic versions of Pfizer's drug named Viagra. See, Microsoft release and similar Pfizer release. These releases state that Pfizer filed two lawsuits against two entities alleging "unlawful conduct involving trademark infringement and dilution and unfair competition under both federal and state law, as well as deceptive trade practices in violation of New York state law." Pfizer also filed ten domain name dispute actions to obtain the transfer of domain names that incorporate its trademarked drug name. These releases also state that Microsoft sued the same two entities alleging "that the pharmacy spammers sent e-mail with deceptive and misleading information in violation of the federal CAN-SPAM Act and other federal and state laws".

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Memorandum Opinion and Order and Second Order on Reconsideration, at its February 10 meeting regarding licensing procedures and interference rules related to Mobile Satellite Service (MSS) and Ancillary Terrestrial Components (ATC). The FCC issued a short release [PDF] and Commissioner Michael Copps wrote a statement [PDF]. This item is FCC 05-30 in IB Docket No. 01-185.

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order at its February 10 pertaining to charges to consumers for changing long distance providers. The FCC issued a short release [PDF] describing this item, and three Commissioners wrote separate statements. Commissioners Michael Copps wrote in his statement [PDF] that "While the Order lowers the mechanized threshold to $1.25, it raises the manual threshold to $5.50. To figure out if this is good or bad for consumers, it is important to determine how many changes are processed mechanically and how many are processed manually." See also, Michael Powell's statement [PDF], and Jonathan Adelstein's statement [PDF]. This item is FCC 05-32 in CC Docket No. 02-53.

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Second Order on Reconsideration at its February 10 regarding its rules implementing the Telephone Consumer Protection Act of 1991 (TCPA). The FCC issued a short release that describes this item, and Chairman Michael Powell wrote a separate statement [PDF]. This item is FCC 05-28 in CG Docket No. 02-278.

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order and Further Notice of Proposed Rulemaking, at its February 10 meeting regarding the accuracy of consumer phone bills. The FCC issued a short release [PDF] that describes this item, and Chairman Michael Powell wrote a separate statement [PDF]. This item is FCC 05-29 in CG Docket No. 02-386.

2/10. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) at its February 10 meeting regarding the use of white space in the 900 MHz Business and Industrial Land Transportation Pool. The FCC issued a release [PDF] that describes this item. This item is FCC 05-31.

2/9. The Federal Communications Commission (FCC) published a notice in the Federal Register that describes, recites, and sets the effective date (March 11, 2005) of its final rule regarding ultrawideband unlicensed devices operating in the 5925-7250 MHz, 16.2-17.7 GHz, and 22.12-29 GHz bands. See, Federal Register, February 9, 2005, Vol. 70, No. 26, at Pages 6771-6776. The FCC adopted its Second Report and Order and Second Memorandum Opinion and Order at its December 15, 2004 meeting, and released it on December 16, 2004. This item is FCC 04-285 in ET Docket No. 98-153. See also, story titled "FCC Adopts UWB Second Report & Order" in TLJ Daily E-Mail Alert No. 1,039, December 16, 2004.

2/9. The Department of Commerce's National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that announces, explains, and sets the effective date (March 9, 2005) for its repeal of its rules governing reimbursement to federal entities by the private sector as a result of reallocation of frequency spectrum. This repeal was required by enactment late last year of the Commercial Spectrum Enhancement Act, which is now Public Law No. 105-261. See, Federal Register, February 9, 2005, Vol. 70, No. 26, at Pages 6776-6777.

The House will meet at 12:00 NOON in pro forma session. See, Republican Whip Notice.

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

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

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.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

9:30 AM. The Senate Foreign Relations Committee will hold a hearing on the nomination of Robert Zoellick to be Deputy Secretary of State. Location: Room 419, Dirksen Building.

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.

5:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 310, the "Broadcast Decency Enforcement Act of 2005". Location: Room H-312, Capitol Building.

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.

The House will meet at 10:00 AM for legislative business. It may take up HR 310, the "Broadcast Decency Enforcement Act of 2005", and/or S 5, the "Class Action Fairness Act of 2005". See, Republican Whip Notice.

8:45 - 10:00 AM. The New America Foundation (NAF) will host a breakfast and panel discussion titled "Education Revolution: How Investing in E-Learning R&D Could Dramatically Improve Educational Productivity". The speakers will be Michael Calabrese (NAF), Newton Minow (Sidley Austin), Sen. Chris Dodd (D-CT), Thomas Stratmann (George Mason University), Eamon Kelly (Tulane University), and Larry Grossman. See, notice. RSVP to Naveen Lakshmipathy at 202-986-2700 or lakshmipathy@newamerica.net. Location: Room 628, Dirksen Building, Capitol Hill.

9:00 AM. The Campaign Legal Center (CLC) will host a news conference titled "Public Interest Public Airwaves". For more information, contact Stephanie Collier (CLC) at 202 736-2200. Location: Zenger Room, National Press Club, 529 14th St. NW, 13th Floor.

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.

12:00 NOON. Intel will host a news conference titled "Benchmarks of Innovation". For more information, contact Jennifer Greeson at 202 320-8532. Location: Murrow Room, National Press Club, 529 14th St. NW, 13th Floor.

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.

The House will meet at 10:00 AM for legislative business. It may take up HR 310, the "Broadcast Decency Enforcement Act of 2005", and/or S 5, the "Class Action Fairness Act of 2005". See, Republican Whip Notice.

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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 61, the auction of of ten Automated Maritime Telecommunications System (AMTS) licenses scheduled to commence on August 3, 2005. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Pages 7270-7274.

The Senate will not meet on Monday, February 21 through Friday, February 25 for its Presidents Day recess. See, Senate calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed in observance of George Washington's birthday. See, Office of Personnel Management's (OPM) list of federal holidays.

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