| House Approves Amendment Related to Section 
215 of the PATRIOT Act | 
               
              
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 6/15. The House approved an amendment to 
HR 2862, the "Science, the Departments of State, Justice, and 
Commerce, and Related Agencies Appropriations Act for Fiscal Year 2006" that 
pertains to Section 215 of the USA PATRIOT Act. The amendment was offered by
Rep. Bernie Sanders (VT). 
The vote was 238-187. The vote was largely partisan. Democrats 
voted 199-1 for the amendment. Republicans voted 38-186. See,
Roll Call No. 258. 
Sanders Amendment. This is an appropriations bill. Hence, 
it contains no substantive law. The amendment merely limits the use of funds 
appropriated by this bill for certain purposes. 
It reads as follows: "None of the funds made available in this 
Act may be used to make an application under section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) for an order requiring 
the production of library circulation records, library patron lists, book sales 
records, or book customer lists." 
§§ 215 and 501. § 215 of the PATRIOT Act pertains to 
access to business records under the Foreign Intelligence Surveillance Act (FISA). 
Library records are a form of business records, and interest groups such as the
American Library Association (ALA) oppose the 
provision. In contrast, the Department of 
Justice (DOJ) is adamant about the importance this provision. Several DOJ 
witnesses have testified at various hearings that they do not want to allow 
libraries to become safe havens for terrorists. 
§ 215 of the PATRIOT Act is titled "Access to records and other items under 
the Foreign Intelligence Surveillance Act". The FISA only applies to foreign 
powers, and agents of foreign powers, including international terrorists. § 501 
of the FISA enables the FBI to obtain from a judge or magistrate an order requiring 
the production business records. While the statute does not expressly include library 
records, it is not disputed that library records could be obtained. 
§ 215 rewrote § 501 of the FISA, which is codified in Title 50 as § 1861. It 
pertains to "Access to Certain Business Records for Foreign Intelligence and 
International Terrorism Investigations". § 215 (of the PATRIOT Act) replaced 
§§ 501-503 (of the FISA) with new language designated as §§ 501 and 502. 
Currently, § 501 (as amended by § 215) requires that an application to a 
judge or magistrate "shall specify that the records concerned are sought for an 
authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign 
intelligence information not concerning a United States person or to protect against 
international terrorism or clandestine intelligence activities." 
Consequences. Allowing § 215 to sunset would raise the standards 
for obtaining a FISA order for business records. If the Sanders amendment were to 
become law, certain library records would become completely beyond the reach of 
§ 501. 
Nevertheless, the Sanders amendment is largely symbolic, and 
would have very limited consequences. First, this is an annual appropriations 
bill. It only applies for one fiscal year. 
Second, this only applies to the use of Section 501 of the FISA 
to obtain records. It does not affect other procedures or authorities that the 
DOJ might use to obtain library records, such as a grand jury subpoena, or a 
warrant obtained pursuant to probable cause. 
Third, this will only affect records held by the library. In the 
case of use of a library's internet connected computers, the pertinent party 
would mostly likely be the library's internet service provider (ISP). The 
Sanders amendment does not affect the DOJ's ability to go to the ISP for records 
and information. Also, since the amendment enumerates the types of library 
records, and does not reference internet records, the amendment does affect 
internet access records that the library possesses, if any. 
Rep. Sanders acknowledged this during the House debate. He said 
that "I have heard from some Members who have expressed concerns about the 
possible need for the FBI to access library Internet records. Some Members 
believe that by exempting library Internet records from section 215 , we could 
be creating an opportunity for terrorists. The amendment today addresses that 
concern and does not apply to library Internet records. Under this amendment, 
the FBI could still use a section 215 order to obtain these records. This 
amendment only applies to the records that contain information on which books 
people are checking out of the library or buying from a bookstore." 
Also, the Crime Subcommittee held a hearing on § 215 on April 
28, 2005. Gregory Nojeim, of the ACLU, testified that even if the Congress were 
to amend § 215 to exempt library records, the FBI would still be able to obtain 
a library's internet use records from its ISP with a national security letter 
under the new powers provided by § 505(a) of the PATRIOT Act. Moreover, a 
national security letter requires no prior court approval. See, story titled 
"House Crime Subcommittee Holds Hearing on Library and ISP Records and § 215 
of the Patriot Act and National Security Letters" in
TLJ Daily E-Mail 
Alert No. 1,125, April 29, 2005. 
Fourth, this issue is more hypothetical than real. DOJ representatives have testified 
that the DOJ has not used Section 215 authority to obtain records from libraries. 
In contrast, many of the other sunsetted provisions of Title II 
of the PATRIOT Act pertain to communications and new information technologies, 
and are used with greater frequency. 
Prospects for Future Limitations Upon PATRIOT Act Authority.
The breakdown of the vote on the Sanders amendment may be significant. While 
38 Republicans voted the bill, only one of these,
Rep. Jeff Flake (R-AZ), is a member of 
the House Judiciary Committee (HJC). 
That is, 38 out of 230 Republicans (16.5%) voted for the 
amendment. 1 out of 23 Republicans on the HJC (4.3%) voted for the amendment. 
The 38 were enough to overcome the Republican majority in the House. A swing of 
one vote will not tip the balance in the HJC. 
The HJC Committee and its Crime Subcommittee, have just 
completed a series of about a dozen detailed oversight hearings on the sixteen 
sections of the PATRIOT Act, including Section 215, that are scheduled to expire 
at the end of this year, unless extended. 
The HJC will likely produce a bill that extends some or all of 
the sunsetted provisions of the PATRIOT Act. That only one member of the HJC 
voted for the Sanders amendment may indicate that there is not now much support 
among HJC Republicans for imposing further sunsets, reporting requirements, or 
other checks on PATRIOT Act powers. 
If there is not much Republican support on the HJC for imposing 
limits on PATRIOT Act powers, one reason may be the events of Friday, June 10. 
See, story titled "Commentary: Partisan Theatrics Threaten Efforts to Place Limits 
in Title II of PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,152, June 13, 2005. 
There is also the matter that by holding a vote on this PATRIOT 
Act issue, many members now have cover for not voting for future proposals to 
impose limits on PATRIOT Act powers. They can inform their constituents that 
they voted for the Section 215 amendment. 
See also, Rep. Sanders'
release. 
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                | FCC Releases NPRM Regarding Its 
Mismanagement of Universal Service Programs | 
               
              
                | 
 6/15. The Federal Communications Commission 
(FCC) adopted and released a 
notice of 
proposed rulemaking [56 pages in PDF] that relates to its management of its universal 
service subsidy programs, including the schools and libraries (or e-rate) program, the rural 
health care program, the low income program, and the rural high cost program. 
This NPRM is limited primarily to the management of these programs by the 
FCC. It does not reform the universal service funding mechanisms. (But, see 
Paragraph 65.) It does address the process for making disbursements under the 
e-rate program, and the calculation of those disbursements. See also, FCC 
release 
[2 pages in PDF] describing this NPRM,
statement [PDF] by Chairman Kevin Martin,
statement [PDF] by Commissioner Michael Copps, and
statement [PDF] by Jonathan Adelstein. 
This NPRM states that the FCC has disbursed "approximately $30.3 
billion" in universal service subsidies since 1997. (See, Paragraph 5.) 
The NPRM states that "we seek comment on ways to improve the management, 
administration, and oversight of the" Universal Service Fund (USF). (Paragraph 1.) 
It also states that "We recognize that some parties have raised concerns ranging from 
mismanagement to intentionally defrauding the program, and we take these 
concerns seriously." (Paragraph 2.) 
E-rate. Much of the NPRM pertains to the FCC's management of its 
e-rate program. This NPRM follows several recent developments. First, the 
House Commerce Committee's (HCC) 
Subcommittee on Oversight has held a series of hearings examining and 
demonstrating the widespread fraud and abuse in the e-rate program. 
Second, the Department of Justice (DOJ) has brought criminal prosecutions in 
connection with fraud in the e-rate program. 
Third, the Government 
Accountability Office (GAO) has released a series reports regarding waste, 
fraud and abuse in the e-rate program, the lack of management by the FCC, and 
the lack of performance studies by the FCC. 
Fourth, the program has come under mounting pressure from the Congress, with some 
members suggesting that the program be transferred to another agency, and 
others, such as HCC Chairman Joe Barton 
(R-TX) suggesting that the program be 
terminated. See, story titled "Chairman Barton Suggests Ending E-Rate Program" 
in TLJ Daily E-Mail 
Alert No. 1,097, March 17, 2005. 
The Government Accountability Office (GAO) 
released a report [21 
pages in PDF] in March, 2005, titled "Telecommunications: Concerns Regarding the 
Structure and FCC's Management of the E-Rate Program". The GAO presented this 
report at a hearing of the HCC's Subcommittee on Oversight and Investigations 
titled "Problems with the E-rate Program: GAO Review of FCC Management and 
Oversight", on March 16, 2005. 
This GAO report found that the "FCC's program oversight mechanisms contain 
weaknesses that limit FCC’s management of the program and its ability to 
understand the scope of waste, fraud, and abuse within the program." 
The GAO also wrote that the "FCC established E-rate as a multibillion-dollar 
program operating under an organizational structure unusual to the federal 
government, but never conducted a comprehensive assessment to determine which 
federal requirements, policies, and practices apply to the program, to USAC, and 
to the Universal Service Fund itself. As a result, FCC has struggled with 
determining which fiscal and accountability requirements apply to the E-rate 
program. We believe that issues exist concerning the applicability of certain 
statutes and the extent to which FCC has delegated certain functions for the 
E-rate program to USAC -- issues that FCC needs to explore and resolve." 
Also, the GAO report found that the "FCC has not developed meaningful 
performance goals and measures for assessing and managing the program. As a 
result, there is no way to tell whether the program has resulted in the 
cost-effective deployment and use of advanced telecommunications services for 
schools and libraries. 
The GAO has written numerous reports on the various universal service 
programs. The NPRM lists these in its footnote 18. The NPRM addresses some of 
the matters raised in some of these GAO reports. 
 Commissioner Copps (at 
right) wrote that "I am concerned about one aspect of the NPRM. 
It asks if we should replace the application process and distribute E-Rate funds directly 
to schools and libraries according to their size. Such a change could also allow funds to 
be used for unspecified communications-related services and equipment, rather than 
requiring applications that specify services and equipment. So many questions 
about this approach remain unaddressed. Distributing funds directly to schools 
could conceivably exclude Catholic and other private and parochial schools from 
the E-Rate program. Tying funds to school size could conceivably result in our 
rural and insular schools being denied the funds they need for the extraordinary 
cost of services in these areas, just because they have fewer students. And if 
schools are given a sum of money to be used for unspecified purposes rather than 
for specified and verifiable services and equipment, it could be much more 
difficult to identify fraud." 
High cost. The NPRM also addresses the FCC high cost program. The NPRM 
notes that the FCC disbursed about $3.4 Billion in 2004 under this program, as 
compared to the $2.25 Billion cap on the e-rate program. 
This program is not plagued by fraud. However, its method of distributing 
subsidies, and its effectiveness, have been criticized. Recent efforts to 
re-examine the program in the Congress have failed. 
For example, Robert 
Crandall of the Brookings Institution, speaking at an 
American Enterprise Institute (AEI) panel discussion on telecom policy on December 
14, 2004, asserted that universal service "has nothing to do with universality 
of service". Rather, it is "a huge slush fund moving around between competing 
political groups". See, story titled "AEI Panel Addresses Telecom Regulation" in
TLJ Daily E-Mail 
Alert No. 1,041, December 20, 2004. 
The Senate Commerce Committee (SCC) 
took up a limited high cost universal service reform bill in the 108th Congress,
S 1380 
(108th), the "Rural Universal Service Equity Act of 2003".
Sen. Gordon Smith (R-OR) and others 
introduced this bill on July 9, 2003. See, story titled "Sen. Smith Introduces 
Universal Service Reform Bill" in
TLJ Daily E-Mail 
Alert No. 697, July 14, 2003. The SCC approved this bill on September 22, 
2004. See, story titled "Senate Commerce Committee Approves Rural Universal 
Service Reform Bill" in
TLJ Daily E-Mail 
Alert No. 983, September 24, 2004. 
Most of the high cost program subsidies go to a few states. 
Sen. Trent Lott (R-MS), who represents one of 
those states, said that this is "just a show vote". 
Sen. 
Byron Dorgan (D-ND) said that this bill "will go nowhere". Indeed, the full 
Senate took no action on the bill. 
Performance Studies. This NPRM also contains a lengthy 
section asking for comments about how it might assess the effectiveness of its 
universal service programs. (See, for example, Paragraphs 24-29, which pertain 
to assessing the effectiveness of the e-rate program.) 
The FCC does not need to conduct a lengthy rule making 
proceeding before it may conduct a study of the effectiveness of its programs. 
Nevertheless, the FCC has included this in its NPRM, and set an unusually long 
comment period -- 150 days after publication in the Federal Register -- which 
likely will delay any performance study until well into 2006. 
It may also be the case that the FCC is not cooperating with outside entities 
that seek to study the performance of the FCC's universal service programs. For example, 
in March of 2005 TLJ requested information from the FCC's Wireline Competition Bureau 
regarding what data the FCC possesses on broadband internet access penetration at 
schools and libraries; TLJ also requested access to that data for the purpose of 
conducting a statistical analysis of the relationship between e-rate subsidies and 
increased broadband penetration. The FCC has not responded. 
This NPRM is FCC 05-124 in Docket Nos. 96-45, 02-6, 02-60, 
03-109 and 97-21, and the new WC Docket No. 05-195. 
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                | Brad Smith to Leave FEC | 
               
              
                | 
 6/15. Brad Smith announced that he will resign from the
Federal Election Commission (FEC), effective 
August 21, 2005. He has been the FEC's most forceful advocate of leaving 
unregulated constitutionally protected  speech on the internet. See, FEC
release. 
The FEC is currently engaged in a rule making proceeding regarding its regulation 
of internet speech. The McCain Feingold bill required the FEC to write implementing 
regulations. The U.S. District Court overturned the FEC's previous rules, which 
exempted certain internet speech. 
The FEC will hold a public hearing on Tuesday, June 28, and Wednesday, June 
29. See,
notice 
and notice in 
the Federal Register, Vol. 70, No. 63 April 4, 2005, at pages 16967 - 16979. See also,
list of witnesses, with links to written comments. 
Smith will return to the faculty of the Law School at Capital University in 
Columbus, Ohio. 
President Bush has not yet named a replacement. 
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                | More People and Appointments | 
               
              
                | 
 6/15. Peter Allgeier was named U.S. Representative to the World Trade 
Organization (WTO). He is currently the Deputy U.S. Trade Representative. Prior 
to Robert Portman's recent confirmation by the Senate as USTR, Allgeier 
was the acting USTR. Allgeier will replace Linnet Deily. See, USTR
release. 
6/10. The Senate confirmed Philip Perry to be General Counsel of the
Department of Homeland Security (DHS) on June 9, 2005. 
He took the oath of office on June 10, 2005. See, DHS 
release. 
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                Washington Tech Calendar 
                New items are highlighted in red. | 
               
             
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                | Thursday, June 16 | 
               
              
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                 The House will meet at 10:00 AM for legislative business. See, 
  Republican Whip Notice. 
                The Senate will meet at 9:30 AM. It will resume consideration of
  HR 6, 
  the energy bill. 
                The Supreme Court will next meet on Monday, June 20. 
                8:30 AM - 5:30 PM. The National Science 
  Foundation's (NSF) Advisory Committee for International Science and Engineering will 
  meet. See,
  
  notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 
  31545 - 31546. Location: NSF, 4201 Wilson Boulevard, Room 730, Arlington, VA. 
                9:00 AM - 4:30 PM. Day one of a two day conference hosted 
  by the University of Maryland University College (UMUC) 
  titled "Pirates, Thieves and Innocents: Perceptions of Copyright Infringement in 
  the Digital Age". Registration has closed. The event will be webcast. See,
  webcast registration 
  page. Location: UMUC, 3501 University Blvd. East, Adelphi, MD. 
                9:30 AM. The 
  Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda 
  includes consideration of several nominations, including that of Terrence Boyle 
  (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), Brett Kavanaugh 
  (U.S. Court of Appeals for the DC Circuit), Rachel Brand (Assistant Attorney General 
  in charge of the Office of Legal Policy), and Alice 
  Fisher (Assistant Attorney General in charge of the Criminal Division). See,
  notice. 
  The SJC rarely follows its meeting agenda. The SJC frequently cancels or 
  postpones 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 - 12:00 NOON. The Federal 
  Communications Commission's (FCC) WRC-07 Advisory Committee's Informal 
  Working Group 4 (Broadcasting and Amateur Issues) will meet. See,
  notice 
  [PDF]. Location: Shaw Pittman & Pillsbury, 2300 N Street, NW, Conference 
  Room 1E/F. 
                9:30 AM. There will be a news conference titled "US-Brazil Trade 
  Relations". For more information, call John Proctor at Direct Communications 
  Group at 202 272-2179. Location: Zenger Room, National 
  Press Club, 529 14th St. NW, 13th Floor. 
                10:00 AM. The Senate Commerce 
  Committee will hold a hearing on federal legislative solutions to data breach and 
  identity theft. Sen. Gordon Smith (R-OR) will 
  preside. The witnesses will be the five Commissioners of the 
  Federal Trade Commission (FTC), Deborah Majoras, Orson Swindle, Thomas Leary, Pamela 
  Harbour, and Jonathan Leibowitz, and William Sorrell (Vermont Attorney General, and President 
  of the National Association of Attorneys General). Press contact: Melanie Alvord (Stevens) at 
  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. 
  Location: Room 253, Russell Building. 
                2:00 AM. The Senate Appropriations 
  Committee will meet to mark up
  HR 2360, 
  the Department of Homeland Security 
  appropriations bill. Location: Room 106, Dirksen Building. 
                2:30 PM. The Senate Commerce Committee 
  will hold a hearing on the nominations of William Jeffrey (to be Director of the 
  National Institute of Standards and Technology), 
  Ashok Kaveeshwar (Administrator of the Research and 
  Innovative Technology Administration), Edmund Hawley (Assistant Secretary of Homeland 
  Security for the Transportation Security Administration), 
  and Israel Hernandez (Assistant Secretary of Commerce and Director General of the U.S. 
  Foreign and Commercial Service). Press contact: Melanie Alvord (Stevens) at 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. Location: Room 253, Russell Building. 
                TIME? The Department of State's International 
  Telecommunication Advisory Committee's (ITAC) ITU-T Study Group 3 (Tariff and accounting 
  principles including related telecommunication economic and policy issues) will meet. See,
  
  notice in the Federal Register, June 7, 2005, Vol. 70, No. 108, at Page 
  33253. Location: AT&T, 1133 21st Street, Suite 210. 
                6:00 - 8:30 PM. The Federal Communications 
  Bar Association's (FCBA) Young Lawyers Committee will host an event titled 
  "Happy Hour". For more information, contact Debrea Terwilliger at 202 383-3349 
  or debrea dot terwilliger at wbklaw law com or 202-393-3000. Location: Topaz 
  Hotel, Zen Den, 1733 N St., NW. 
                Deadline to submit comments, and notices of intent to participate, to the
  Copyright Office in response to its proposed rules 
  containing a proposed settlement of royalty rates for the retransmission of digital over the 
  air television broadcast signals by satellite carriers under the statutory license. See,
  notice in the Federal 
  Register, May 17, 2005, Vol. 70, No. 94, at Pages 28231 - 28233. 
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                | Friday, June 17 | 
               
              
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                 8:30 AM - 12:00 NOON. Day two of a two day meeting of the 
  National Science Foundation's (NSF) Advisory 
  Committee for International Science and Engineering. See,
  
  notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 
  31545 - 31546. Location: NSF, 4201 Wilson Boulevard, Room 730, Arlington, VA. 
                9:00 AM - 3:00 PM. Day two of a two day conference hosted 
  by the University of Maryland University College (UMUC) 
  titled "Pirates, Thieves and Innocents: Perceptions of Copyright Infringement in 
  the Digital Age". Registration has closed. The event will be webcast. See,
  webcast registration 
  page. Location: UMUC, 3501 University Blvd. East, Adelphi, MD. 
                Deadline to submit comments to the Antitrust 
  Modernization Commission (AMC) in response to the AMC's request for public comments 
  regarding (1) treble damages, (2) prejudgment interest, (3) attorneys' fees, (4) joint and 
  several liability, contribution, and claim reduction, (5) remedies available to the federal 
  government, (6) private injunctive relief, and (7) indirect purchaser litigation. See,
  
  notice in the Federal Register: May 19, 2005, Vol. 70, No. 96, at Pages 
  28902-28907. 
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                | Monday, June 20 | 
               
              
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                 The Supreme Court will return from recess. See, 
  Order List [11 pages in PDF]. 
                The annual U.S.-EU Summit will take place. See, White 
  House 
  release. Location: Washington DC. 
                10:00 AM. Kevin Ring (author of
  
  Scalia Dissents : Writings of the Supreme Court's Wittiest, Most Outspoken 
  Justice), Herman 
  Schwartz (American University Law School) and
  
  Mark Tushnet (Georgetown University Law School) will participate in a panel discussion 
  regarding Supreme Court developments. Location: Zenger Room,
  National Press Club, 529 14th St. NW, 13th Floor. 
                12:30 PM. Rep. Mel Watt (D-NC), a 
  member of the House Judiciary Committee, 
  will give a luncheon address. Location: Ballroom, National 
  Press Club, 529 14th St. NW, 13th Floor. 
                Deadline to submit reply comments to the 
  Federal Communications Commission (FCC) in response to 
  its notice of 
  proposed rulemaking (NPRM) [15 pages in PDF] regarding implementation of the satellite 
  broadcast carriage requirements in the noncontiguous states, as required by Section 210 of 
  the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The 
  FCC adopted this NPRM at its April 29, 2005 meeting. This NPRM is FCC 05-92 in MB Docket No. 
  05-181. See,
  
  notice in the Federal Register, May 20, 2005, Vol. 70, No. 97, at Pages 
  29252-29253. 
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                | Tuesday, June 21 | 
               
              
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                 10:00 AM. The
  House Judiciary Committee's (HJC) 
  Subcommittee on Courts, the Internet, and Intellectual Property will hold an oversight 
  hearing titled "Copyright Office Views on Music Licensing Reform". 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 - 2:00 PM. 
  The Progress and Freedom Foundation (PFF) 
  will host an event titled "Digital Age 
  Communications Act Regulatory Framework Working Group: Public Release and 
  Discussion of a Working Group Draft Document". The speakers will be
  Sen. John Ensign (R-NV), FCC 
  Commissioner Kathleen 
  Abernathy, Raymond Gifford (PFF), Randolph May (PFF), and James Speta 
  (Northwestern University law school). For more information, contact Brooke 
  Emmerick at 202 289-8928 or bemmerick at pff dot org. Location: Hyatt Regency 
  Capitol Hill. 
                12:15 PM. The Federal Communications 
  Commission (FCC) will hold a meeting titled "Current Status of FCC Proceedings 
  Involving VOIP and other IP Enabled Services". The speaker will be Thomas Navin, 
  Chief of the FCC's Wireline Competition Bureau. The FCC's proceedings are titled "In 
  the Matter of IP-Enabled Services" (WC Docket No. 04-36), and "E911 Requirements 
  for IP-Enabled Service Providers" (WC Docket No. 05-196). For more information, 
  contact Catherine Bohigian at 
  catherine.bohigian@fcc.gov or Frank Lloyd at 
  flloyd@mintz.com. The Federal Communications Bar 
  Association (FCBA) states that this is a meeting of its Cable Practice Committee, and 
  requests an RSVP to Wendy Parish at wendy@fcba.org. 
  Location: Mintz Levin, 701 Pennsylvania Ave., NW , 9th Floor. 
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                | Wednesday, June 22 | 
               
              
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                 10:00 AM. The Senate 
  Commerce Committee will hold a hearing on telecom mergers. See,
  notice. Press 
  contact: Melanie Alvord (Stevens) at 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. Location: Room 253, Russell Building. 
                12:00 NOON - 2:30 PM. The U.S. Chamber 
  of Commerce's National Chamber Foundation (NCF) will host a luncheon titled "The 
  Effect of Municipal Broadband Networks on Competition". The speakers will include 
  David Hirschmann (NCF), Jim Kovacs (US Chamber), Dianah Neff (City of Philadelphia),
  Jim Speta 
  (Northwestern University), and Jim Baller (Baller Herbst 
  Law Group). The price to attend ranges from free to $115. See,
  notice 
  and
  
  agenda [PDF]. Location: US Chamber, 1615 H Street, NW. 
                RESCHEDULED FROM MAY 11. The Federal 
  Communications Bar Association (FCBA) will host a continuing legal education (CLE) 
  seminar on voice over internet protocol (VOIP). See,
  registration 
  form [PDF]. Location: Skadden Arps, 700 14th Street, NW. 
                EXTENDED TO JULY 20. Deadline to submit reply comments to the 
  Federal Communications Commission (FCC) in response 
  to its Further Notice of Proposed Rulemaking (FNPRM) regarding its intercarrier 
  compensation system. This FNPRM is FCC 05-33 in CC Docket No. 01-92. The FCC adopted 
  this FNPRM at its meeting of February 10, 2005, and released it on March 3, 2005. See,
  
  notice in the Federal Register, March 24, 2005, Vol. 70, No. 56, at Pages 15030 - 
  15044. See also, story titled "FCC Adopts FNPRM in Intercarrier Compensation 
  Proceeding" in TLJ 
  Daily E-Mail Alert No. 1,076, February 14, 2005. 
                Deadline to submit initial comments to the 
  Federal Communications Commission (FCC) in response 
  to its Public 
  Notice [10 pages in PDF] regarding video news releases (VNRs). This notice 
  is FCC 05-84 in MB Docket No. 05-171. 
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                | Thursday, June 23 | 
               
              
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                 10:00 AM. The Senate 
  Commerce Committee will hold a business meeting. Press contact: Melanie Alvord 
  (Stevens) at 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. Location: Room 253, 
  Russell Building. 
                10:00 AM - 5:00 PM. The Department of Homeland 
  Security's (DHS) Homeland Security Advisory Council (HSAC) will meet. Most of 
  the meeting is closed to the public. See,
  
  notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Page 
  33519. The open portion of the meeting, from 10:00 AM - 12:00 NOON, will be 
  held at the Park Hyatt, 24th and M Streets, NW. 
                12:15 PM. The Federal 
  Communications Bar Association's (FCBA) Mass Media Practice Committee will host a 
  brown bag lunch. Location: National Association of 
  Broadcasters (NAB), 1771 N St., NW, Conference Rooms A & B. 
                2:00 - 4:00 PM. The Federal Communications 
  Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 3 
  (IMT-2000 and 2.5 GHz Sharing Issues) will meet. See,
  notice 
  [PDF]. Location: FCC, 7th Floor South Conference Room (7-B516), 445 12th 
  Street, SW. 
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