4/29. Sen. Conrad Burns (R-MT) introduced S 976, a bill to further amend the "Open-market Reorganization for the Betterment of International Telecommunications Act", which is also known as the ORBIT Act. The Senate approved the bill, by unanimous consent, without debate. See, Congressional Record, April 28, 2005, at Page S4607.

The bills repeals Section 623 of the ORBIT Act, which is codified as 47 U.S.C. § 763b. It is titled "Specific criteria for INTELSAT separated entities".

The bill replaces Section 624 of the ORBIT Act, which is codified as 47 U.S.C. § 763c. It is titled "Specific criteria for Inmarsat". The bill replaces the current language with the following: "In securing the privatization of Inmarsat required by section 621, and thereafter, the United States shall preserve space segment capacity of the GMDSS."

The bill modifies Section 621(5)(D) of the ORBIT Act, which is codified at 47 U.S.C. § 763. It modifies the restrictions on who can be directors or officers of successor or separate entities. It removes the the language prohibiting those who "have any direct financial interest".

The bill also requires the Federal Communications Commission (FCC) to report to the Congress annually on competitive market conditions with respect to domestic and international satellite communications services.

S 976 was approved on April 29, but as a part of the legislative day for April 28. The ORBIT Act is Public Law No. 106-180. It was enacted in 2000.

5/4. The House Rules Committee approved a rule for the consideration of the conference report on HR 1268, the "Emergency Supplemental Appropriations Act for Defense, The Global War on Terror, and Tsunami Relief, 2005". The full House will likely consider this conference report on Thursday, May 5, 2005. This conference report includes HR 418, the "REAL ID Act of 2005". This conference report is House Report No. 109-72.

Title II of the REAL ID Act is titled "Improved Security for Driver's Licenses and Personal Identification Cards".

Title II of the REAL ID Act sets minimum standards that states must follow for issuing a driver's license or identification card to an individual. The bill also sets minimum standards for what information must be included on drivers' licenses and identification cards.

Section 203 of the REAL ID Act also 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."

Rep. James Sensenbrenner (R-WI), the Chairman of the House Judiciary Committee, and the sponsor of the REAL ID Act, released a summary [PDF] of the REAL ID Act that asserts that this bill "Does not create a national ID card or a national database".

The House approved the REAL ID Act as a stand alone bill on February 10, 2005 by a vote of 261-161. See, Roll Call No. 31. The Senate has not approved it. See, story titled "House Approves Real ID Act" in TLJ Daily E-Mail Alert No. 1,076, February 14, 2005.

4/21. Rep. Mike Ross (D-AR) introduced HRes 230, a resolution that criticizes the Federal Communications Commission's (FCC) broadband over powerline (BPL) rules.

The resolution states that the FCC "should reconsider and revise rules governing broadband over power line systems". The FCC promulgated these rules in its Report and Order [86 pages in PDF] adopted on October 14, 2004, and released on October 28, 2004. This item is FCC 04-245 in ET Docket No. 04-37 and ET Docket No. 03-104.

See also, story titled "FCC Adopts BPL Report and Order" in TLJ Daily E-Mail Alert No. 997, October 15, 2004, and story titled "FCC Adopts Broadband Over Powerline NPRM" in TLJ Daily E-Mail Alert No. 836, February 13, 2004. The FCC released the text [38 pages in PDF] of the NPRM on February 23, 2004.

Rep. Ross' resolution states that the FCC has not sufficiently studied potential interference.

The resolution states that "the FCC should conduct a full and complete radio wave interference analysis involving field studies and broadband over power line test demonstration systems, to determine the actual, measured effect of broadband over power line on public safety systems, and a comprehensive interference analysis, with the participation of public safety agencies and organizations, and other interested parties".

It also stated that "the FCC should allow extensive public review and comment on this study, and the results of the study, and a summary of the public comment thereon should be published before broadband over power line systems are deployed ..."

The resolution was referred to the House Commerce Committee. Rep. Ross is a member.

4/19. Rep. Tom Feeney (R-FL) and others introduced HR 1689, a bill pertaining to certain trademarks and Fidel Castro. On April 4, 2005, Sen. Pete Domenici (R-NM) and others introduced S 691, the Senate version of this bill. These bills are a response to the ruling by the World Trade Organization (WTO) regarding protection of holders of trademarks of businesses confiscated by Castro's communist regime in Cuba.

4/20. Rep. Melissa Hart (R-PA) and Rep. Tim Murphy (R-PA) introduced HR 1733, a bill to suspend temporarily the duty on electron guns for high definition cathode ray tubes. The bill was referred to the House Ways and Means Committee. On April 14, 2005, Sen. Rick Santorum (R-PA) introduced S 790, the Senate version of this bill.

4/20. Rep. Melissa Hart (R-PA) and Rep. Tim Murphy (R-PA) introduced HR 1734, a bill to suspend temporarily the duty on liquid crystal device (LCD) panel assemblies for use in LCD direct view televisions. The bill was referred to the House Ways and Means Committee. On April 14, 2005, Sen. Rick Santorum (R-PA) introduced S 788, the Senate version of this bill.

4/20. Rep. Barney Frank (D-MA) introduced HR 1730, the "Cable Consumer Rights Act of 2005". The bill would repeal Subsection (b) of Section 301 of the Telecommunications Act of 1996. That is, it would reinstate the authority of the Federal Communications Commission (FCC) and local franchising authorities to regulate the rates for cable TV service. The bill was referred to the House Commerce Committee, where it is unlikely to see any action. Rep. Frank reintroduces this bill every two years at around this time. On June 16, 2003, Rep. Frank introduced HR 2478 (108th Congress), titled the "Cable Consumer Rights Act of 2003". On May 15, 2001, Rep. Frank introduced HR 1842 (107th Congress), titled the "Cable Consumer Rights Act of 2001".

5/4. The Department of Justice (DOJ), and state plaintiffs, filed a motion with the U.S. District Court (DC) in US v. Microsoft. The motion requests the Court to re-appoint Harry Saal, Franklin Fite, and Edward Stritter as Members of the Technical Committee provided for by the final judgment in this case. See also, memorandum in support. This case is D.C. No. 98-1232 (CKK).

4/27. Bill Gates, Chairman of Microsoft, gave a speech in Washington DC.

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The House will meet at 10:00 AM for legislative business. The House may consider the conference report on HR 1268, the "Emergency Supplemental Appropriations Act for Defense, The Global War on Terror, and Tsunami Relief, 2005", which now includes HR 418, the "REAL ID Act of 2005". See, Republican Whip Notice.

The Senate will not meet on Monday, May 2, through Friday, May 6. See, Senate calendar.

9:15 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "The Effect of Wireless Telecommunications on Economic Development in Africa". The speakers will be Gregory Sidak (AEI), Leonard Waverman (London Business School), Edward Graham (Institute for International Economics), Scott Wallsten (AEI), Diane Coyle (Enlightenment Economics), Neil Gough (Vodafone Group), and Claude Barfield (AEI). See, notice and registration page. Location: 12th floor, 1150 17th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bar Association v. FTC, No. 04-5257. Judges Sentelle, Randolph and Roberts will preside. This case involves challenges to the Federal Trade Commission's (FTC) application of the financial privacy provisions of the Gramm Leach Bliley Act to practicing attorneys. See, story titled "Court Hears Arguments on Bar Associations' Challenges to FTC's Financial Privacy Rules" in TLJ Daily E-Mail Alert No. 673, June 4, 2003. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM. The U.S. District Court (DC) will hold a preliminary injunction hearing in Trudeau v. FTC, a false and deceptive telemarketing case. This is D.C. No. 1:2005-cv-00400-JDB. Judge Bates will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold the sixth of its oversight hearing on the implementation of the USA PATRIOT Act. This hearing will address § 212, titled "Emergency disclosure of electronic communications to protect life and limb". The witnesses will be William Moschella (Assistant Attorney General in charge of the Office of Legislative Affairs), Willie Hulon (Assistant Director of the FBI's Counterterrorism Division), Orin Kerr (law professor at George Washington University), and Jim Dempsey (Executive Director of the Center for Democracy and Technology). The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Center for National Software Studies will hold a news conference to release a report. See, notice. For more information, contact Alan Salisbury at 703 319-2187. Location: Lisagor Room, National Press Club, 529 14th St. NW, 13th Floor.

Day one of a two day conference hosted by the Computer Law Association (CLA) titled "CLA World Computer and Internet Law Conference". See, conference brochure [PDF]. Location: Park Hyatt Hotel, 24th at M St. NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Preston Small v. FCC, No. 04-1056. Judges Edwards, Henderson and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host a book forum titled "Can American Compete with Asia?". Kent Hughes will discuss his book, Building the Next American Century: The Past and Future of American Economic Competitiveness [Amazon]. Robert Atkinson, Director of the PPI's Technology and New Economy Project, will comment. For more information, contact Kyra Jennings or Austin Bonner at 202 547-0001. Location: 600 Pennsylvania Avenue, SE, Suite 400.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Datamize v. Plumtree Software, No. 04-1564. This is patent case involving internet portal technology. Location: Courtroom 203, 717 Madison Place, NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a brown bag lunch titled "Hot Property: The Threat of Intellectual Property Theft to our Economy and Safety". The speakers will be Pat Choate, author of Hot Property: The Stealing of Ideas in an Age of Globalization [Amazon], and Barry Lynn (NAF). RSVP to Jennifer Buntman at 202 986-4901 or buntman at newamerica dot net. See, notice. Location: NAF, 1630 Connecticut Ave, 7th Floor.

Day two of a two day conference hosted by the Computer Law Association (CLA) titled "CLA World Computer and Internet Law Conference". See, conference brochure [PDF]. Location: Park Hyatt Hotel, 24th at M St. NW.

Mothers Day.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) regarding orphan works -- copyrighted works whose owners are difficult or impossible to locate. The CO stated in a notice in the Federal Register that it seeks public comments on "whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders." See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3739 - 3743.

Deadline to submit to the Federal Communications Commission (FCC) initial comments and petitions to deny in its antitrust merger review proceeding (transfer of control of licenses) associated with the acquisition of MCI by Verizon. See, FCC Public Notice DA 05-762 in WC Docket No. 05-75.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, extends Section 325(b)(3)(C) of the Communications Act until 2010 and amends that section to impose reciprocal good faith retransmission consent bargaining obligations on multichannel video programming distributors. This proceeding is MB Docket No. 05-89. See, FCC Public Notice DA 05-772, and notice in the Federal Register, March 24, 2005, Vol. 70, No. 56, at Pages 15048 - 15051. See also, story titled "FCC Adopts and Releases NPRM Implementing § 207 of SHVERA" in TLJ Daily E-Mail Alert No. 1,090, March 8, 2005.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled a hearing regarding implementation of the USA PATRIOT Act. The SJC frequently cancels meetings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold the seventh of its oversight hearing on the implementation of the USA PATRIOT Act. This hearing is titled "Implementation of the USA PATRIOT Act: Prohibition of Material Support Under Sections 805 of the USA PATRIOT Act and 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on titled "Identity Theft and Data Broker Services". Press contact: Melanie Alvord (Stevens) 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. See, notice. The hearing will be webcast by the SCC. Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The House Science Committee's Subcommittee the Environment, Technology, and Standards will hold a hearing titled "Europe, China, and the Use of Technical Standards as Trade Barriers: How should the U.S. Respond?" The witnesses will be Hratch Semerjian (acting Director of the National Institute of Standards and Technology), Don Deutsch (Oracle), David Karmol (American National Standards Institute), Robert Noth (Deere & Company), and Joe Bhatia (Underwriters Laboratory). The hearing will be webcast. Location: Room 2318, Rayburn Building.

11:00 AM. The Cato Institute will host a panel discussion titled "Does the World Trade Organization Serve America's Interests in the Global Economy?". The speakers will be Douglas Irwin (Dartmouth College), Grant Aldonas (recent Undersecretary of Commerce for International Trade), and Rep. Ron Paul (R-TX). See, notice. The event will be webcast by Cato. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

RESCHEDULED FOR JUNE 22. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar on voice over internet protocol (VOIP).

Deadline to submit nominations for the Federal Communications Bar Association's (FCBA) Young Lawyer's Committee's (YLC) elections, to be held on May 18. All nominations must be e-mailed to Jason Friedrich or Pam Slipakoff by May 11. For more information, contact Jason Friedrich at jason dot friedrich at dbr dot com or 202 354-1340 or Pam Slipakoff at pamslip at yahoo dot com or 202 418-7705.

TIME? The House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property will hold its third hearing on the Committee Print of HR __ [52 pages in PDF], the "Patent Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be Gary Shapiro, P/CEO of the Consumer Electronics Association (CEA). The price to attend varies from $30 to $55. See, registration form [MS Word]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., 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 (SJC) has scheduled an executive business meeting. The SJC frequently cancels meetings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in Christopher Shays v. FEC, No. 04-5352. Judges Edwards, Henderson and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "The Future of Computer Science Research in the U.S." The witnesses will be John Marburger (Director of the President's Office of Science and Technology Policy), Anthony Tether (Director of the Defense Advanced Research Projects Agency), William Wulf (President of the National Academy of Engineering), and Tom Leighton (Chief Scientist of Akamai Technologies). Location: Room 2318, Rayburn Building.

10:15 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "Antitrust Policy and Vertical Restraints". The speakers will include David Evans (LECG), Luke Froeb (FTC), and Michael Waldman (Cornell University). See, notice. Location: Twelfth floor, 1150 17th St., NW.

12:00 NOON. The National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) will hold a meeting. The agenda includes the role of NTIA in spectrum management, the IRAC process, and the FCC-NTIA interaction with respect to license applications, rulemaking proceedings, and spectrum management policy issues at the FCC. The speakers will be Fred Wentland (NTIA), Karl Nebbia (NTIA), Julius Knapp (FCC), and other FCC officials. The Federal Communications Bar Association (FCBA) states that this is an FCBA brown bag lunch, and that attendees should RSVP to Wendy Parish at wendy@fcba.org. Location: FCC, 7th Floor South Conference Room.

12:15 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon titled "Future of U.S. Manufacturing". The speakers will be Mark Bamforth (Genzyme), Gary Heiman (Standard Textile), and Mark Mills (Digital Power Group). See, notice. Location: Room 902, Hart Building, Capitol Hill.

6:00 - 8:00 PM. Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Pam Slipakoff at pamslip at yahoo dot com. Location: Modern Brasserie, 555 8th Street, NW.