8/31. The Office of the U.S. Trade Representative (USTR) announced in a release the "lifting of 100% tariff sanctions that since 2002 had been imposed on $75 million worth of Ukrainian exports to the United States." It also announced that it will conduct a Special 301 out of cycle review.

Ukraine is classified by the USTR as a priority foreign country, and has been subjected to tariff sanctions, for its optic media piracy. The Trade Act of 1974 requires the USTR to identify annually foreign countries that deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons that rely on intellectual property protection. These are known as Special 301 designations.

The USTR elaborated that "In July 2005, the Ukrainian parliament (Rada) adopted an important set of amendments to Ukraine’s Laser-Readable Disk Law. These amendments, which went into force on August 2, will strengthen Ukraine’s licensing regime and enforcement efforts to stem the illegal production and trade of CDs and DVDs."

The USTR also stated that "As a further step, the Administration is conducting a Special 301 Out-of-Cycle Review (OCR) to focus on Ukraine’s IPR enforcement and consider Ukraine’s status as a Priority Foreign Country and its eligibility for Generalized System of Preferences benefits."

Robert Holleyman, P/CEO of the Business Software Alliance (BSA), praised the actions of both the government of Ukraine and the USTR. He stated in a release "Over the past few months the Ukrainian government has made a concerted effort to improve its intellectual property protection".

8/31. The Federal Communications Commission (FCC) released four public notices related to the devastation caused by Hurricane Katrina.

First, the FCC issued a public notice [PDF] that extends the deadline for paying FCC fees by licensees and other regulated entities in the areas affected by Katrina. The notice states that "Due to the interruption of essential services such as, but not limited to, banking, mail, utilities, and other public services, the Commission is extending the deadline date for those licensees and regulatees in the affected area for filing FY 2005 Regulatory Fees from 11:59 PM, September 7, 2005 to 11:59 PM September 28, 2005. For all others, i.e., those not affected by the hurricane, the previous announced window remains in effect, and the Commission’s rules concerning late payment or non-payment will be enforced."

Second, the FCC's Office of Engineering and Technology (OET) issued a public notice [PDF] regarding making requests to the OET for special temporary authority (STA) to help emergency communications services resume and maintain operations in the areas impacted by Hurricane Katrina.

Third, the FCC's Media Bureau (MB) issued a public notice [PDF] that states that Cable Television Relay Service (CARS) stations in areas impacted by Hurricane Katrina "may file requests for Special Temporary Authority (STA) for temporary facilities or modification to existing facilities for restoration informally, including through E-mail communications, and will be given expedited processing." This notice also states that certain multichannel video programming distributor (MVPD) technical compliance rules are waived for ninety days.

Fourth, the MB issued a second public notice [PDF] regarding emergency procedures to help radio and television stations resume and maintain broadcast operations to the residents of the areas impacted by Hurricane Katrina. It addresses STA requests, erecting temporary antennas without prior FCC authority, and AM stations' use of their full daytime facilities during nighttime hours to broadcast emergency information, provided that all operation is conducted on a noncommercial basis.

See, also FCC release [PDF].

8/31. President Bush announced his intent to give a recess appointment to Alice Fisher to be Assistant Attorney General in charge of the Criminal Division. See, White House release. John Richter is the acting head of the Criminal Division. The Criminal Division is responsible for matters related to the Communications Assistance for Law Enforcement Act (CALEA), cybercrime, enforcement of intellectual property laws, wiretaps, and electronic surveillance, searches and seizures involving new information technologies. See also, stories titled "Bush to Nominate Alice Fisher to Head DOJ's Criminal Division" in TLJ Daily E-Mail Alert No. 1,107, April 1, 2005, and "Recess Appointments in the August Break" in TLJ Daily E-Mail Alert No. 1,192, August 10, 2005.

8/31. The Department of Justice (DOJ) gave its John Marshall Award for Providing Legal Advice to Jon Pifer (Assistant General Counsel in the Federal Bureau of Investigation's Office of General Counsel), and Thomas Gregory Motta (Associate General Counsel). The DOJ stated in a release that "The two lawyers were recognized for the key role they have played in revitalizing the Department's advocacy under the Communications Assistance for Law Enforcement Act." The CALEA is codified at 47 U.S.C. §§ 1001-1010. Pifer has signed comments filed with the Federal Communications Commission (FCC) in various proceedings in which he has advocated promulgation of rules that exceed the statutory authority of the FCC, and expand the regulatory reach of the CALEA. See for example, comment [PDF] and comment [PDF].

8/31. The Department of Justice (DOJ) gave its John Marshall Award for Preparation and Handling of Legislation Stephen Weglian (Senior Attorney in the Counterterrorism Section of the Criminal Division) for "his work in the initial drafting of many of the provisions of the USA Patriot Act and the Intelligence Reform and Terrorism Prevention Act of 2004, and for his Compendium of Measures of Interest to Federal Terrorism Prosecutors from the Intelligence Reform and Terrorism Prevention Act of 2004". See, DOJ release.

8/31. The Department of Justice (DOJ) gave its Distinguished Service Award to 27 current and former attorneys and economists who worked on the DOJ's antitrust cases against Microsoft. The DOJ stated in a release that "The Microsoft team's adherence to principles of both sound competition policy and vigorous law enforcement throughout the more than 10 years of work on the case has set the standard for antitrust enforcement in the United States." Kenneth Heyer (Economic Director of Enforcement in the Office of the Assistant Attorney General for the Antitrust Division), James O'Connell (Counsel to the AAG), Renata Hesse (Chief of the Networks and Technology Enforcement Section), Patricia Brink (NTES), Jessica Arkow (NTES), Joan Farragher (NTES), Kenneth Gaul (NTES), Philip Giordano (NTES), Aaron Hoag (NTES), Scott Sacks (NTES), and Adam Severt (NTES), Jeffrey VanHooreweghe (NTES), George Rozanski (former Chief of the Economic Analysis Group, Economic Regulatory Section), Wayne Dunham (economist), Suzanne Majewski (economist), Jeffrey Wilder (economist), and Dean Williamson (economist), Gregory Werden (Senior Economic Counsel in the Economic Litigation Section), Diane Owen (economist in the Competition Policy Section), Catherine O'Sullivan (Chief of the Appellate Section), Robert Nicholson (Assistant Chief of the Appellate Section), Adam Hirsh (trial attorney), Andrea Limmer (trial attorney), Steven Mintz (trial attorney), David Seidman (trial attorney), Barbara Nelson (trial attorney in the San Francisco Field Office), and Jeffrey Minear (Assistant to the Solicitor General).

8/31. President Bush announced his intent to nominate Santanu Baruah to be Assistant Secretary of Commerce for Economic Development. He is currently Chief of Staff for the Economic Development Administration. Before that, he worked for Performance Consulting Group in Portland, Oregon. See, White House release.

8/31. President Bush announced his intent to nominate Emilio Gonzalez to be Director of the Bureau of Citizenship and Immigration Services at the Department of Homeland Security (DHS). He is currently works in the Washington DC office of the law firm of Tew Cardenas. However, his is not an attorney. He previously was Director of Western Hemisphere Affairs for the National Security Council. Before that, he was a career officer in the U.S. Army. See, White House release.

8/26. The Los Angeles County District Attorneys Office announced that Jed Frederick Kobles plead guilty to one felony count of theft in the Los Angeles Superior Court in connection with internet based file sharing. The DA's Office stated in a release that Kobles operated an internet hub that "facilitated online poaching of copyrighted films, television shows, music and games". The Recording Industry Association of America (RIAA) issued a release praising the DA's Office. The Motion Picture Association of America (MPAA) also issue a release [MS Word] in support of the DA's office.

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Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.

The House will not meet on Monday, August 1 through Monday, September 5. See, House calendar and Republican Whip Notice.

The Senate will not meet on Monday, August 1 through Monday, September 5. See, Senate calendar.

The Supreme Court is between terms. The opening conference of its October 2005 Term will be held on September 26, 2005.

Compliance date of the Federal Communications Commission (FCC) final rule that extends and modifies the FCC Form 477 local competition and broadband data gathering program. See, notice in the Federal Register, December 29, 2004, Vol. 69, No. 249, at Pages 77912 - 77938. The FCC's report and order is FCC 04-266 in WC Docket No. 04-141.

The mandatory electronic filing via the Cable Operations and Licensing System (COALS) for FCC Forms 321, Aeronautical Frequency Notification, will commence. See, FCC Public Notice DA 05-270, and notice in the Federal Register, February 23, 2005, Vol. 70, No. 35, at Page 8811.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its public notice [37 pages in PDF] regarding its plan to review rules adopted by the FCC in 1993, 1994 and 1995, pursuant to the Regulatory Flexibility Act of 1980, which is codified at 5 U.S.C. § 610. This public notice lists the rules to be reviewed. This public notice, which is dated May 31, 2005, is numbered DA-05-1524. See also, notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33416 - 33426.

Deadline to submit to the U.S. Trade Representative (USTR) requests to testify at the USTR's September 14, 2005 public hearing on the People's Republic of China's compliance with its World Trade Organization (WTO) commitments. See, notice in the Federal Register, August 3, 2005, Vol. 70, No. 148, at Pages 44714 - 44715.

EXTENDED FROM AUGUST 22. Extended deadline to submit initial comments to the Copyright Office regarding its first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39343 - 39345. See also, notice extending deadlines in the Federal Register, August 15, 2005, Vol. 70, No. 156, at Page 47857.

Deadline for the public to submit written comments to the House Ways and Means Committee's Subcommittee on Trade regarding technical corrections to U.S. trade laws and miscellaneous duty suspension bills. See, notice.

The National Gallery of Art (NGA) will begin an exhibition technological advances in the storage and transfer of information in 15th Century. It is titled "The Origins of European Printmaking: 15th Century Woodcuts and Their Public". See, NGA notice and notice in the Federal Register, July 20, 2005, Vol. 70, No. 138, at Page 41808. This exhibition will run from September 4 through November 27, 2005. Location: NGA, between the Mall and Constitution Ave., NW, and between 3rd and 7th Streets.

Labor Day.

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

The House will return from its August recess. See, House calendar.

The Senate will return from its August recess. See, Senate calendar.

TIME? The New America Foundation will host a conference titled "Terrorism, Security and America's Purpose: Towards a More Comprehensive Strategy". See, notice. Location: Capital Hilton Hotel, 1001 16th Street, NW.

1:30 PM. The Senate Judiciary Committee will begin its hearings on the nomination of Judge John Roberts to be a Justice of the Supreme Court. Location: Room 216, Hart Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding off-axis equivalent isotropically radiated power (EIRP) method for reviewing earth station applications in the fixed satellite service (FSS). See, notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33426 - 33429. This NPRM is FCC 05-62 in IB Docket No. 00-248.

Deadline to submit written comments to the U.S. Trade Representative (USTR) to assist it in preparing its annual report to the Congress regarding the People's Republic of China's compliance with its World Trade Organization (WTO) commitments. See, notice in the Federal Register, August 3, 2005, Vol. 70, No. 148, at Pages 44714 - 44715.

Deadline to submit comments to the General Services Administration (GSA) regarding its proposal to establish a common infrastructure for electronically authenticating the identity of users of federal e-government services governmentwide. The GSA has named this the "E-Authentication Federation" and the "Service Component". See, notice in the Federal Register, August 5, 2005, Vol. 70, No. 150, at Pages 45391 - 45394.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in NCube v. Seachange International, No. 03-1341. Location: U.S. Court of Appeals, LaFayette Square, 717 Madison Place, Courtroom 201.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Understanding the Impact of Merck v. Integra". The speaker will be Joseph Contrera (Jacobson Holman). See, Supreme Court's June 16, 2005 opinion [17 pages in PDF] and story titled "Supreme Court Rules on Research Exemption to Patent Infringement" in TLJ Daily E-Mail Alert No. 1,153, June 14, 2005. The price to attend ranges from $70-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

The National Music Publishers' Association (NMPA), the National Academy of Recording Arts and Sciences (NARAS) and over other music industry organizations will host Recording Arts Day on Capitol Hill. For more information, contact 202 662-1285 or aprilc at grammy dot com.

Deadline to submit reply comments to the Copyright Office in response to its notice of proposed rulemaking (NPRM) regarding preregistration of unpublished works provision under the Artists' Rights and Theft Prevention Act (ART Act). See, notice in the Federal Register, July 22, 2005, Vol. 70, No. 140, at Pages 42286 - 42292. See also, story titled "Copyright Office Commences Rulemaking on Preregistration of Unpublished Works" in TLJ Daily E-Mail Alert No. 1,181, July 25, 2005.

EXTENDED FROM AUGUST 8. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it notice of proposed rulemaking (NPRM) regarding low power FM rules. The FCC adopted its order and NPRM on March 16, 2005, and released it on March 17, 2005. It is FCC 05-75 in MM Docket No. 99-25. See, notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39217 - 39227. See also, FCC notice [PDF] extending the deadlines.

8:00 AM - 4:30 PM. Day one of a two day public workshop hosted by the Department of Homeland Security's (DHS) Privacy Office titled "Privacy and Technology: Government Use of Commercial Data for Homeland Security". See, notice in the Federal Register, August 5, 2005, Vol. 70, No. 150, at Pages 45408 - 45409. Location: auditorium at the DHS offices at the GSA Regional Headquarters Building, 7th and D Streets, SW.

10:30 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet. See, notice in the Federal Register, August 15, 2005, Vol. 70, No. 156, Page 47875. Location: boardroom, National Academy of Sciences, 2100 C St., NW.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 1 (Terrestrial and Space Science Services) will meet. See, notice [PDF]. Location: FCC, 445 12th Street, SW, 6th Floor South Conference Room (6-B516).

Deadline for the Federal Communications Commission (FCC) to submit a report to the Congress on competition in the multichannel video programming distribution market. This is MB Docket No. 05-28.

2:00 - 4:00 PM. The Department of States' (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for ITU-T Advisory Group. See, notice in the Federal Register, July 13, 2005, Vol. 70, No. 133, at Page 40414. Location: undisclosed. The DOS states that "Access to these meetings may be arranged by contacting Julian Minard at minardje at state dot gov.

Deadline to submit comments to the Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, regarding the existence of controversies to to the distribution of the 2001, 2002 and 2003 satellite royalty funds. See, notice in the Federal Register, August 9, 2005, Vol. 70, No. 152, at Page 46193 - 46194.